A. 
No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this Part 5. Where a lot is formed from part of a lot already occupied by a building, any subdivision shall be effected in such a manner as not to impair any of the requirements of this Part 5 with respect to the existing building and all yard and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage on a public street improved to the standards for such streets set forth in Part 2, Subdivision.
B. 
Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Whenever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.
C. 
No subdivision or site plan approval may be given unless each lot contained in the subdivision or site plan complies with all the requirements of the zone in which the lot is located, unless a variance is subsequently granted.
D. 
No lot shall have erected on it more than one residential building; other than farm labor housing when permitted on a farm qualifying for farmland assessment and housing workers used at least 75% of their work time on that farm and on other farms operated by the same owner.
E. 
The Schedule of Minimum Area, Yard and Building Requirements is included at the end of this chapter.
F. 
Where a lot straddles a municipal boundary line, all minimum lot size and minimum yard dimension requirements must be met by that portion of that lot within South Harrison Township. No building or structure located on such a lot shall straddle the municipal boundary line. The principal building or structure on such a lot, if located within South Harrison Township, must be located entirely on a portion of such lot that fronts on a public street located in South Harrison Township.
[Added 3-14-2001 by Ord. No. 0-01-02]
[Amended 7-9-2008 by Ord. No. 0-08-15; 8-13-2008 by Ord. No. 0-08-19; 6-10-2009 by Ord. No. 0-09-06; 6-11-2014 by Ord. No. 0-14-09]
A. 
Purposes. The overall purpose of the AR Zoning District is to provide for a residential district that respects and promotes the rural character of the Township, consistent with the Township's history as a farming community and its location within the Rural Planning Area on the State Plan Policy Map (PA-4). As outlined within the 2008 Master Plan, as well as the 2014 Master Plan Reexamination, the AR Zone is intended to encourage the continuation of commercial agricultural operations.
B. 
Permitted principal uses. Within the AR Zoning District, the following uses are permitted.
(1) 
Farm and agricultural uses of land subject to the regulations in §§ 90-5.23F and 90-5.36 of this chapter.
(2) 
The sale and processing of agricultural products subject to the requirements of § 90-5.23F, on a seasonal basis.
(3) 
Municipal buildings, structures and uses owned or operated by South Harrison Township.
(4) 
Outdoor public or nonprofit recreation, athletic fields, conservation areas and parks.
(5) 
Cemeteries on lots with a minimum of three acres and with twenty-five-foot buffers along the perimeter.
(6) 
Detached single-family dwelling units.
(7) 
Community residences for the developmentally disabled; community shelters for victims of domestic violence; community residences for the terminally ill; community residences for persons with head injuries; and adult family-care homes for elderly persons and physically disabled adults, as defined in N.J.S.A. 40:55D-66.2.
C. 
Permitted accessory uses. Accessory uses must be incidental to the primary use and include:
(1) 
Private residential swimming pools, provided that they are a minimum of 25 feet from the rear and side property lines, including all appurtenances to the actual pool itself, such as the filtering equipment; paving surrounding the pool; decking whether attached or detached from the pool; and fencing, if said fencing immediately surrounds the pool. Pools are not permitted in the front yard.
(2) 
Sheds a maximum of 200 square feet in area, a minimum of 10 feet from all property lines, not more than 20 feet in height and not permitted in the front yard.
(3) 
Off-street parking for vehicles and motorcycles, including private garages. Driveways may be located in the front yard.
(4) 
Fences and walls, not exceeding four feet (48 inches) in height in the front yard and six feet (72 inches) in the rear yards.
(5) 
Signs subject to the requirements of § 90-5.37.
(6) 
Septic disposal systems.
(7) 
Private wells.
(8) 
Farm buildings and uses.
(9) 
Home occupations in accordance with § 90-5.29.
D. 
Conditional uses. Conditional uses shall include:
(1) 
Temporary buildings, temporary construction offices, temporary sales offices, and temporary storage of material, provided that:
(a) 
The structure is located on the lot where the construction is taking place or on a lot adjacent to or part of the development site; and
(b) 
The structure is removed and the use terminated prior to the issuance of a final certificate of occupancy for the total project or work is abandoned according to N.J.A.C. 5:23-2.15.
(2) 
Public and private elementary, junior and high schools subject to the following in addition to the minimum lot sizes and requirements established by the New Jersey State Department of Education:
(a) 
The location of access driveways, landscaping and site plan design shall be designed with consideration for and compatible with the neighborhood in which it is to be located.
(b) 
No building, parking area, loading area or accessory structure may be located nearer than 50 feet to any property line or right-of-way line.
(3) 
Public libraries and museums operated by a public or nonprofit entity, subject to the following:
(a) 
The location of access driveways, landscaping and site plan design shall be designed with consideration for and compatible with the neighborhood in which it is to be located.
(b) 
No building, parking area, loading area or accessory structure may be located nearer than 50 feet to any property line or right-of-way line.
(c) 
The minimum lot area is three acres.
(4) 
Electric and gas substation and service facilities, and all other public utilities no greater than 400 square feet in gross floor area, subject to the following requirements:
(a) 
The project must be designed to be structurally and architecturally compatible with the neighborhood.
(b) 
The project conforms to the required setbacks.
(c) 
Adequate landscaping is provided in conformance with the requirements of §§ 90-5.25 and 90-5.24.
(d) 
The project is needed to serve the public interest or a permitted use within the neighborhood.
(5) 
Church or other place of worship, or religious school building, subject to the following:
(a) 
The location of access driveways, landscaping and site plan design shall be designed with consideration for and compatible with the neighborhood in which it is to be located.
(b) 
No building, parking area, loading area or accessory structure may be located nearer than 50 feet to any property line or right-of-way line.
(c) 
The minimum lot area is three acres and the minimum setbacks shall be provided.
(d) 
Adequate off-street parking shall be provided in accordance with ordinance requirements and the applicant must provide a written statement indicating that all parking will be accommodated on the site.
(e) 
No parking shall be located closer than 50 feet to any property line.
(f) 
Impervious coverage shall not exceed 60%.
(6) 
Planned age-restricted housing in accordance with the Township's 2006 Fair Share Plan and the following:
(a) 
The minimum tract size is 50 acres.
(b) 
The maximum density is three units per acre.
(c) 
A feasible water supply and on-site wastewater disposal plan must be provided. The proposed community wastewater system should be proposed for review by the Planning Board engineer and the Township Engineer. A maintenance plan must also be submitted.
(d) 
The minimum affordable housing set aside is 25% of the total number of units.
(e) 
Affordable units must be made affordable in accordance with the New Jersey Council on Affordable Housing's regional income limits and the Uniform Affordability Controls at N.J.A.C. 5:80-26.1 et seq. regarding affordability, occupant eligibility, bedroom distribution, price and rent restrictions and affirmative marketing.
(f) 
Affordable units must be designed in accordance with the New Jersey Fair Housing Act with regard to first floor accessibility.
(g) 
Bulk requirements.
[1] 
Maximum density: three units per acre.
[2] 
Minimum lot area: 7,000 square feet.
[3] 
Minimum lot width: 65 feet.
[4] 
Minimum side yards: 10 feet each.
[5] 
Minimum rear yard: 25 feet.
[6] 
Minimum front yard: 20 feet.
[7] 
Maximum impervious: 60%.
[8] 
Minimum of tract for centrally located community open space: 25%.
[9] 
Maximum height: 35 feet.
(h) 
Design standards.
[1] 
A minimum of four architectural plans must be provided for the development.
[2] 
No more than 50% of the horizontal area of the facade may be consumed by garage doors.
[3] 
Sidewalks must be provided throughout the community.
[4] 
The open space area should be provided with consideration for the conservation subdivision design standards.
E. 
Bulk and area regulations for the AR Zoning District.
(1) 
Minimum lot area is one acre.
(2) 
Minimum lot area for stormwater management lots or open space lots is one acre.
(3) 
Minimum lot width is 150 feet.
(4) 
Minimum lot depth is 200 feet.
(5) 
Minimum front yard setback is 75 feet from a local road, and 100 feet from a state or county road.
(6) 
Rear yard setback is 50 feet.
(7) 
Side yard setbacks are 20 feet for each side.
(8) 
Maximum building coverage is 10%.
(9) 
Maximum building height is 2 1/2 stories or 35 feet, whichever is less.
(10) 
Notwithstanding the minimum setbacks, as set forth above, the minimum rear yard setback for the installation of an in-ground or aboveground pool shall be 25 feet from the rear property line. This setback requirement shall be inclusive of all appurtenances to the actual pool, such as the filtering equipment; paving surrounding the pool; decking, whether attached or detached from the pool; and fencing, if said fencing immediately surrounds the pool.
F. 
Design standards.
(1) 
Conservation or open space lands on one developed parcel should adjoin the conservation and open space lands on the adjoining parcels to realize an interconnected network of open spaces and greenways over time.
(2) 
Side entry garages are encouraged where the lot geometry permits. When this is not possible, garages must be set back a minimum of 10 feet from the principal facade plane.
(3) 
The architecture of dwellings with frontage on two streets shall respond to both streets, with architectural details, windows and other elements that respond to the street frontage.
(4) 
In order to ensure variety among residential dwellings, houses on the same side of the street must be substantially different in appearance than other dwellings within two lots from it. On a cul-de-sac, any lot on the cul-de-sac is considered to be on the same side of the street. All major subdivisions must provide a minimum of three basic house designs with exterior variations possible for each one.
(5) 
Paved driveways are required for all houses on lots under four acres.
(6) 
Except for lighting that may be required at intersections with county roads and at the end of culs-de-sac, street lighting should be of a traditional residential character (lamp post style) and no more than 12 feet in height.
[Added 6-10-2009 by Ord. No. 0-09-08]
A. 
Purposes. The purpose of the Age-Restricted Residential Inclusionary Zoning District is to provide viable locations for the development of inclusionary housing development for senior citizens within the Township. It is the intent of this district to provide a realistic opportunity for the provision of market-rate and affordable housing at a moderate density, with a minimum of 20% of all units set aside for households of low and moderate income. The COAH rules [N.J.A.C. 5:97-6.4(b)] assume that inclusionary zoning is economically feasible if it meets the minimum densities and maximum set asides set forth in the rules at N.J.A.C. 5:97-6.4(b)(2). The Inclusionary Zone will require a twenty-percent affordable housing set aside consistent with COAH's rules, the Township's Affordable Housing Ordinance[1] and UHAC.
[1]
Editor's Note: See Ch. 29, Affordable Housing.
B. 
Designated lots. The Age-Restricted Residential Inclusionary Zoning District applies to block 19, lots 4 and 6 consisting of approximately 15 acres.
C. 
Permitted principal uses. Within the ARI Zoning District, the following uses are permitted.
(1) 
Farm and agricultural uses of land subject to the regulations in §§ 90-5.23F and 90-5.36 of this chapter.
(2) 
The sale and processing of agricultural products subject to the requirements of § 90-5.23F, on a seasonal basis.
(3) 
Municipal buildings, structures and uses owned or operated by South Harrison Township.
(4) 
Outdoor public or nonprofit recreation, athletic fields, conservation areas and parks.
(5) 
Detached single-family dwelling units in accordance with the density, bulk and area requirements of § 90-5.15 for the Agricultural Residential Zoning District.
(6) 
Detached age-restricted single-family dwelling units with 20% of the total number of units set aside for affordable housing in accordance with COAH's rules in accordance with the density, bulk and area requirements below.
(7) 
Attached age-restricted dwelling units (twin, duplex or townhouse units) in accordance with the density, bulk and area requirements below when a minimum of 20% of the total number of units are set aside and made affordable in accordance with the New Jersey Council on Affordable Housing's regional income limits and the Uniform Affordability Controls at N.J.A.C. 5:80-26.1 et seq., regarding affordability, occupant eligibility, bedroom distribution, phasing, price and rent restrictions, affirmative marketing, and that meet the requirements of Chapter 29 of the South Harrison Township Code (Affordable Housing Ordinance).
(8) 
Community residences for the disabled, consistent with the requirements of § 90-5.15B(7).
D. 
Permitted accessory uses. Accessory uses must be incidental to the primary use. For development in accordance with § 90-5.16.2C(6) and (7) above, the accessory uses permitted are:
(1) 
Sheds a maximum of 120 square feet in area, a minimum of 10 feet from all property lines, no more than 15 feet in height and not permitted in the front yard.
(2) 
Off-street parking for private vehicles and motorcycles.
(3) 
Fences and walls not exceeding three feet (36 inches) in height in the front yard and not exceeding six feet in the rear yards. For properties with reverse frontage, a uniform fence location plan and fence design must be presented at the time of preliminary and final subdivision.
(4) 
Signs subject to the requirements of § 90-5.37.
(5) 
Septic disposal systems, either individual or community systems.
(6) 
Private wells.
(7) 
Farm buildings and uses.
E. 
Conditional uses are permitted in accordance with § 90-5.15D.
F. 
Bulk and area regulations for the age-restricted development in the ARI Zoning District.
(1) 
The maximum permitted density is 2.2 units per gross acre with a twenty-percent affordable housing set-aside.
(2) 
Minimum lot size for stormwater management lots or open space lots is 20,000 square feet.
(3) 
All subdivision approvals will be conditioned upon the applicant's ability to achieve compliance with the applicable requirements for wastewater (septic systems) and private wells for drinking water.
(4) 
Table of Performance Regulations.
Age-Restricted Residential Inclusionary Zone
Detached Age-Restricted Single Family Homes
Attached Age-Restricted Homes*
Maximum density
2.2 units per gross acre
2.2 units per gross acre
Minimum lot size
14,000 square feet
2,000 square feet inside unit
3,000 square feet end unit
Minimum lot width
90 feet
20 feet inside unit
30 feet end unit
Minimum lot depth
100 feet
100 feet
Minimum front yard setback local roads/right-of-way
20 feet
20 feet
Minimum setback to state or county right-of-way
50 feet
50 feet
Minimum side yard setback
Aggregate 30 feet, minimum 10 feet one side
0 feet to shared wall
10 feet end unit
Minimum rear yard setback
25 feet
25 feet
Maximum impervious coverage
0.30
0.45
Maximum height
2 1/2 stories or 35 feet
2 1/2 stories or 35 feet
Perimeter buffer to existing development (in addition to setbacks)
25 feet
25 feet
* If the affordable age-restricted homes are developed with a shared yard area to be owned by an association, then the units and overall lot area must meet the intent of the minimum lot sizes.
G. 
Conservation subdivision design. The principles of conservation design should be followed to the extent possible to guide design in accordance with § 90-5.15F.
H. 
Preservation of vegetation and buffers. All reasonable efforts should be made to retain and protect existing perimeter buffers and vegetation. Where gaps exist, a mix of evergreen and deciduous trees should be added to the buffer area.
I. 
Design standards. The design standards set forth in § 90-5.15G shall apply; however, the Board shall make reasonable exceptions when needed to maintain the affordability of affordable housing units.
J. 
Nonconforming lots. Nonconforming lots shall be permitted as set forth in § 90-5.15H.
[Amended 11-17-1999 by Ord. No. 0-99-04]
A. 
Permitted uses. In the NC-1 District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses.
(1) 
Detached single-family dwelling unit.
(2) 
Public and nonprofit playgrounds, athletic fields, swimming pools, conservation areas, parks and public purpose uses.
(3) 
Retail sales and retail service establishments.
(4) 
Personal service establishments (e.g., a tailor, barber shop, or beauty salon).
(5) 
Offices for professional services (e.g., physicians, lawyers, or architects); commercial offices (e.g., realtors or travel agencies) and offices incidental to uses permitted in this subsection.
(6) 
Restaurants, excluding drive-in and curb service establishments.
(7) 
Repair and servicing, indoor only, of any article for sale which is permitted in this district.
(8) 
Attended laundry and retail dry cleaning services, not including bulk processing on or from other premises.
(9) 
Copy centers and newspaper offices.
(10) 
Buildings, structures and uses owned or operated by the Township of South Harrison.
(11) 
All farm and agricultural uses permitted in residential districts in accordance with the provisions set forth in §§ 90-5.23F and 90-5.36 of this chapter.
(12) 
Business or advertising signage for a converted or new professional office use shall be limited to 12 square feet in total for the lot.
(13) 
Accessory uses and accessory buildings incidental to the above uses located on the same lot and within the same zoning district permitting the principal use.
B. 
Conditional uses. In the NC-1 district, the following uses may be permitted as conditional uses:
(1) 
Public utilities, substations, electric and gas facilities no greater than 400 square feet in gross floor area, subject to the following special requirements:
(a) 
No storage of materials and trucks, and no repair facilities or staging of repair crews except within completely enclosed buildings.
(b) 
The exterior of any structure shall be in keeping with the other structures in the immediate neighborhood.
(2) 
Buildings, structures and uses owned or operated by the Township of South Harrison for municipal purposes.
(3) 
Conversion of existing residential structures to office uses subject to the following special requirements:
(a) 
Such conversions shall be limited to the existing floor area of the residential dwelling. Addition to or expansion of the existing structure is prohibited.
(b) 
At the time of site plan review, placement of an access drive shall be determined so as to allow for a future common drive with an adjacent residential parcel at one side yard. In addition, reservation of an access easement to allow for such a possibility at the opposite side yard may be required. Similarly, depending on lot configuration, rear yard cross-easements to permit for interconnection of parking areas may be required.
(c) 
No parking shall be permitted in the existing front yard of the dwelling.
(d) 
Rear and side yards shall be a minimum of 15 feet with adequate landscaping and/or screening to shield parking areas from adjoining lots.
(e) 
There shall be no minimum lot size on which a conversion may be permitted to occur; provided, however, that no lot existing at the time of adoption of this Part 5, on which a conversion is proposed, shall be further reduced in size.
[Amended 12-27-2000 by Ord. No. 0-00-04]
(f) 
Business or advertising signage for a converted or new professional office use shall be limited to 12 square feet in total for the lot.
(4) 
Home occupations as part of a continued existing residential use may occur subject to the criteria governing such home occupations as contained in § 90-5.29 of this chapter.
[Amended 11-17-1999 by Ord. No. 0-99-04]
Any building within the NC-1 District which is to be used in whole or part as a dwelling unit shall be governed by the bulk and area regulations for the AR District. All other development within the NC-1 District shall be governed by the following standards:
A. 
Minimum lot area: 10,000 square feet.
B. 
Minimum lot width: 75 feet.
C. 
Minimum lot depth: 125 feet.
D. 
Minimum setbacks:
(1) 
Front yard: 15 feet.
(2) 
Rear yard: 10 feet.
(3) 
Side yard: five feet. In addition the combined width of both side yards shall be no less than 15 feet.
E. 
Maximum impervious coverage: 40%.
F. 
Maximum building height: 2 1/2 stories, but not to exceed 35 feet.
[Added 12-28-2005 by Ord. No. 0-05-18; amended 11-1-2006 by Ord. No. 0-06-13]
A. 
Residential development requiring on-site affordable housing.
(1) 
Any residential development in any zoning district, except as noted for the age-restricted planned development use, in the Township proposing 18 or more lots or units shall set aside 11.1% of said units for affordable housing as said term is defined under the FHA and COAH regulations.
[Amended 12-13-2006 by Ord. No. 0-06-14]
(2) 
In order to facilitate the construction of affordable housing by developers which are required to provide such housing pursuant to the requirements of Subsection A(1) above, the following types of housing units shall be permitted uses and structures for occupancy by low- or moderate-income households when proposed as part of an inclusionary development:
[Amended 12-13-2006 by Ord. No. 0-06-14]
(a) 
Single-family detached houses.
(b) 
Single-family attached houses in the form of semidetached (side-by-side) units or duplex (over and under) units.
(3) 
The affordable housing units shall be disbursed throughout inclusionary developments to the greatest extent possible and shall be designed to be architecturally indistinguishable from the market-rate units to the greatest extent possible. To that end, the scale, massing, roof pitch and architectural detailing (such as selection of exterior materials, windows, doors, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units.
B. 
Alternative means of satisfaction of responsibilities.
(1) 
COAH regulations permit the creation of affordable housing through various alternative mechanisms, including, but not limited to, the following: a) the purchase of an existing market-rate home at another location in the community and its conversion to an affordable price-restricted home in accordance with COAH's criteria, regulations and policies; and/or b) participation in reconstruction and/or buy-down/write-down, buy-down/rent-down programs.
(2) 
An applicant shall only be entitled to satisfy its affordable housing obligation via one or more of the alternative mechanisms set forth above if the applicant first secures the written authorization of the Township to comply via one or more of these alternative mechanisms. If the developer intends to satisfy its responsibilities through an alternative mechanism, it must produce written authorization from the Township as a precondition to completeness. The Township Committee shall have the complete discretion to determine whether the alternative better enhances goals and policies set forth in the Township's Housing Element and Fair Share Plan.
[Amended 12-13-2006 by Ord. No. 0-06-14]
C. 
Residential development and nonresidential development requiring developer fee payment. Residential development in any zoning district in the Township proposing 17 or fewer lots or units and all nonresidential development shall pay an affordable housing development fee pursuant to the Township's Development Fee Ordinance (Ordinance No. O-05-06).[2]
[2]
Editor's Note: See § 90-5.28, Development fees.
D. 
Mixed-use (residential and nonresidential) development standards.
(1) 
All new mixed-use development, or any expansion of existing mixed-use development that results in net increases in existing or approved development, shall be required to provide affordable housing or contribute to affordable housing as follows:
(a) 
As to the residential component, the developer shall be required to reserve one affordable unit out of every nine constructed, provided that there are at least 18 units.
(b) 
As to the nonresidential component, the development shall pay an affordable housing development fee pursuant to the Township's Development Fee Ordinance (Ordinance No. O-05-06); or the developer may be permitted to increase the set-aside in the residential component by reserving one additional unit for every 25 jobs projected to be created pursuant to the standards set forth in N.J.A.C. 5:94-1.1 et seq.
E. 
Low- and moderate-income requirements and compliance with COAH's rules.
(1) 
The affordable unit(s) to be produced pursuant to above shall be available to a low-income individual or household should only one affordable unit be required. Thereafter, each of the affordable units shall be divided evenly between low- and moderate-income individuals and households except in the event the applicable formulas result in an odd number of affordable units, in which event the unit shall be a low-income residential unit.
(2) 
Affordable housing units being constructed on site shall meet the requirements of South Harrison's Affordable Housing Ordinance and shall be in conformance with COAH's third round rules at N.J.A.C. 5:94-1 et seq., and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing schedule, controls on affordability, low-/moderate income split, heating source, maximum rent and/or sales price, affordability average, bedroom distribution and affirmative marketing.
(3) 
It shall be the developer's responsibility, at its cost and expense, to arrange for the New Jersey Housing Affordability Service ("HAS") or other administering agency approved by COAH and the Township to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH or the Court to verify COAH compliance for each affordable unit.
F. 
Regulations with respect to prior approvals or agreements are as follows:
(1) 
Development that has received preliminary or final approval before the effective date of this section shall not be required to comply with this section unless the approvals expire, or a substantial change in the development is sought.
(2) 
If a substantial change to a prior preliminary or final approval is sought, then the developer shall be required to comply with this section.
(3) 
When a prior approval exists, this section shall be applicable as a condition of approval under the following additional circumstances:
(a) 
In any application that seeks to extend or modify the expiration date of a development approval;
(b) 
In any application that seeks to extend or modify the statutory period of protection as applicable to the particular classification of approval granted.
(4) 
This section shall not change any existing and approved developer's agreement between a developer and the Township of South Harrison so long as the agreement contains a negotiated and approved requirement for meeting COAH obligations generated by the development.
G. 
Right to greater set-aside if compensatory benefit.
(1) 
As to residential developers, nothing herein shall affect the Township's ability to generate more affordable housing than the one-for-eight standard set forth above in the event that the developer secures a density bonus or other compensatory benefit through zoning or through a use variance.
(2) 
Any requirement for residential developers in excess of one affordable unit for every eight market units shall be based upon standards the Township shall hereafter enact and shall secure COAH's approval of same.
H. 
Other regulations are as follows:
(1) 
Every development applicant shall be required to submit a proposed affordable housing production plan (AHPP) at the time the application is made. The AHPP shall be a condition of the "completeness" determination. Each AHPP shall be the subject of review for consistency with COAH's rules, the Fair Housing Act, this section, and the Township's Housing Element and Fair Share Plan as proposed to and/or approved by COAH, and such other rules and regulations as may be applicable. This review shall be conducted by the Township Planner or by such other person or entity as shall be designated to administer the Township's COAH matters.
(2) 
The AHPP shall be approved by the Board hearing the development application. The Board shall consider the impacts of the proposal relative to its consistency with Township's Housing Element and Fair Share Plan, this section, and the applicable COAH regulations.
(3) 
Compliance with COAH's rules and with the approved AHPP shall be an essential and nonseverable condition of the Board's resolution of approval and may be covered by appropriate performance and maintenance guarantees as with any other required improvement.
(4) 
It shall be the developer's responsibility, at its sole cost and expense, to contract with a COAH-approved and Township-designated experienced entity for the initial and ongoing administration of the controls on affordability so as to ensure full COAH compliance. The designated administrative entity shall, by February 1 of each year, and as otherwise required by COAH throughout the year, file with the Township Clerk of the Township of South Harrison such certifications, reports and/or monitoring forms as may be required by COAH to verify the continuing compliance of each affordable unit with COAH's rules.
(5) 
The calculation of affordable housing obligation shall be a completeness item during administrative review of the application. The calculation shall be reviewed by the Township Planner or other municipal official designated by the municipality.
(6) 
Compliance with COAH's rules shall be an essential and nonseverable condition of any approval by the approving authority. The approving authority shall require that the applicant or successor in interest comply with the Growth Share Ordinance, when applicable. The method of compliance shall be enumerated in the approving authority resolution.
[1]
Editor's Note: Original Section 5.19, Use Regulations - Highway Commercial (HC) District, was deleted 11-17-1999 by Ord. No. 0-99-04.
[Added 7-9-2008 by Ord. No. 0-08-11]
A. 
Purpose. The purpose of this district is to permit conversions of residential dwellings to offices that are compatible with adjacent residential neighborhoods along key corridors within the Township and to encourage new office development that is of a residential scale and character in these areas, where it is anticipated that traffic will increase as a result of development within the Township and in the surrounding municipalities. The intent is to maintain the residential character of the neighborhoods and provide opportunities for office uses where adequate parking, lot size and buffering requirements are met. Site plan approval is required prior to any proposed conversion or construction.
B. 
Permitted principal uses are as follows:
(1) 
Farm and agricultural uses of land subject to the regulations in §§ 90-5.23F and 90-5.36 of this chapter.
(2) 
Single-family detached dwellings as permitted and regulated in the Agricultural Residential (AR) District (§ 90-5.15).
(3) 
Professional office uses such as physician, dentist, lawyer, or architect.
(4) 
Commercial office uses such as administrative, insurance office, travel agent, or realtor, except that training facilities are not permitted.
(5) 
Home occupations as part of a continued existing residential use may occur subject to the standards set forth in § 90-5.29.
C. 
Permitted accessory uses are as follows:
(1) 
Parking areas.
(2) 
Private garages for the storage of not more than three vehicles.
(3) 
Storage buildings (sheds) not to exceed 200 square feet for tools and equipment for maintenance of the grounds.
(4) 
Stormwater management facilities.
(5) 
Other customary accessory uses which are clearly incidental to the principal structure and use.
D. 
Bulk and area regulations are as follows:
(1) 
Minimum lot area: one acre (43,560 square feet). For residential development the bulk and area requirements of § 90-5.16 apply.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum lot depth: 200 feet.
(4) 
Minimum building setbacks from property line:
(a) 
Front yard: 75 feet.
(b) 
Side yard: 25 feet each side for existing structures, 50 feet each side for new construction adjacent to residential use.
(c) 
Rear yard: 50 feet.
(5) 
Maximum impervious coverage: 50%.
(6) 
Maximum building footprint: 5,000 square feet.
(7) 
Maximum building height: 35 feet or 2.5 stories.
(8) 
Minimum parking lot setback: 25 feet from side and rear, 100 feet from front. (NOTE: Side yard parking setback may be reduced to 10 feet if there will be cross access with the adjacent property)
E. 
Design standards.
(1) 
The conversion of an existing residential structure to any nonresidential use is only permitted when the character of the existing structure is maintained or, if altered, it reflects a traditional residential architectural style.
(2) 
Applicants must submit architectural elevations to demonstrate consistency with this section. The Land Use Board will consider the architecture, color and design of proposed buildings. All buildings shall have a unified architectural treatment, whether constructed new, as an addition to an existing structure, or as a renovation. Buildings shall relate in scale and design to any surrounding buildings, showing respect for the local context and a compatibility with residential character. Continuity with surrounding uses should be considered in determining front yard setbacks. Front porches are recommended.
(3) 
Architecture and site planning should be designed with a cohesive design scheme. Building details and ornamentation such as indentations, variations in rooflines, cornices, offsets and overhangs are encouraged.
(4) 
Primary facade materials shall be wood, aluminum or vinyl clapboard siding, stone, smooth stucco or brick. Where walls are constructed of more than one material, the differentiation shall be along a horizontal line
(5) 
The facade treatment of side and rear walls shall be similar to the treatment of the front facade. Buildings on corner lots shall be considered significant structures since they have at least two facades visibly exposed to the street. Such buildings may be designed with additional height and/or architectural features to emphasize their location.
(6) 
Exterior mechanical equipment shall be architecturally screened and hidden from public view.
(7) 
Parking lots are only to be permitted within the front yard area if the applicant demonstrates that placing the parking at the side or rear is not possible due to the specific site characteristics. It is the applicant's responsibility to prove that locating parking at the side or rear is not possible, it is not sufficient to say it is not convenient.
(8) 
A landscaped buffer strip 25 feet in width, including a double row of evergreen trees, is required along the side and rear property lines within the buffer required by § 90-5.24.
(9) 
Parking lots may be constructed of stone, at the discretion of the Planning Board, with a driveway constructed in accordance with § 90-3.26 and paved for a minimum distance of 30 feet from the right-of-way into the property; and handicapped parking stalls that are paved in accordance with current code standards.
(10) 
Curbing or curb stops shall be provided in all parking areas and along all access ways.
(11) 
Where possible, parking areas should be interconnected with those of adjacent office or commercial uses with cross access agreements to minimize curb cuts and improve site circulation, or provide the potential for future connections where an adjacent use is not yet operational. Common driveway access is encouraged and must be addressed by each applicant. Access to the site may not be from a neighborhood street.
(12) 
Signage. Signs are intended to identify the site and should be designed to enhance and be visually compatible with the surrounding area.
(a) 
A freestanding monument/ground or hanging style sign may be installed to identify the business, set back a minimum of 10 feet from the property line, outside of sight triangles.
(b) 
The maximum sign area is 12 square feet in area and six feet in height.
(c) 
Signs may be illuminated, but must be shielded and turned off no later than 10:00 pm.
(d) 
Signs should be constructed of materials to enhance a rustic appearance, such as carved high-density urethane, sandblasted or painted wood, carved metals, or other material that compliments the building architecture and overall site.
[1]
Editor's Note: Original Section 5.20, Bulk and Area Regulations - HC District, was deleted 11-17-1999 by Ord. No. 0-99-04.
[Amended 3-11-1998 by Ord. No. 0-98-04; 11-17-1999 by Ord. No. 0-99-04; 7-9-2008 by Ord. No. 0-08-14]
A. 
Purpose. The purpose of the Light Industrial Zoning District is to provide the opportunity for and to encourage the development of flexible planned light industrial sites and to promote the orderly and sound development of such areas in accordance with the comprehensive plan. The LI Zoning District is intended to provide for the Township's needs presently and in the future so that over time land use and development will evolve in a coordinated and harmonious manner.
B. 
Permitted principal uses are as follows:
(1) 
Farm and agricultural uses of land subject to the regulations in §§ 90-5.23F and 90-5.36 of this chapter.
(2) 
Municipal buildings, structures and uses owned or operated by South Harrison Township, indoor and outdoor public recreation, libraries, community theater, other public and semipublic uses.
(3) 
Warehouse and wholesale storage in accordance with § 90-3.34 and other applicable regulations.
(4) 
Limited manufacturing in accordance with the definition in § 90-1.03.
(5) 
Professional and business offices.
(6) 
Commercial recreation facilities.
(7) 
Single-family homes existing at the time of the adoption of this section may continue to exist until such time as they are converted for commercial use or are vacated for more than six months.
C. 
Permitted accessory uses are as follows:
(1) 
Parking areas.
(2) 
Restaurant or cafeteria primarily for supplying meals to employees and guests of the principal use.
(3) 
In-service training schools for employees.
(4) 
Custodial living quarters associated with the maintenance of the principal use.
(5) 
Assembly halls for meetings incidental to the business of the principal use.
(6) 
Maintenance, utility and storage facilities incidental to the business of the principal use, provided that they are in fully enclosed buildings.
(7) 
Buildings, structures and uses owned or operated by the Township of South Harrison or the County of Gloucester.
(8) 
Stormwater management facilities.
D. 
Conditional uses are as follows:
(1) 
Electric, gas and other public utilities in accordance with the following requirements:
(a) 
The project is designed to be structurally compatible and in keeping with the architectural character of the area.
(b) 
The project is in keeping with the Master Plan.
(c) 
The project is in conformance with the required setbacks.
(d) 
Adequate landscaping is provided to shield the equipment from public view.
(e) 
Storage of materials and vehicles is only permitted within enclosed buildings.
(2) 
Service stations and repair garages in accordance with the following requirements:
(a) 
All pits, lifts, and working areas, as well as all lubrication, repair or similar activities shall be performed in an enclosed building; however, minor repair work may be performed at an island or pump location.
(b) 
All storage areas and trash facilities shall be enclosed with a fence, approved by the Planning Board, or masonry enclosure with a facade to match the building, so as to be screened from public view.
(c) 
All structures, gasoline pumps and islands upon which pumps are normally located shall be set back from all street and property lines at least 50 feet, except that canopy structures may be located as close as 40 feet to a right-of-way line
(d) 
A minimum of 25 feet shall exist between any two islands and between any island and the service station, auto repair or auto body building.
(e) 
Service stations and repair garages shall be designed compatibly with other permitted commercial and industrial uses in the district in which they are located and that they may be located within industrial complexes as an integral part of the overall design.
(f) 
Landscaping and seasonal flowers shall be required within the front setback area.
(g) 
The exterior display and parking of equipment for rental purposes shall be permitted, provided that the area devoted to this purpose does not exceed 20% of the lot area, the maximum permitted sign area is not exceeded, and the location of the rental area does not interfere with the required off-street parking and traffic circulation required for the use.
(h) 
Floor drains shall not be connected to the individual on-site septic system. Provisions shall be made for the separation of grease from any disposal to the on-site septic system. All disposal of floor-drain waste, grease, oil and the like shall be in accordance with the appropriate state, county and local regulations.
(i) 
No automobile or motor vehicle which is unregistered or any motor vehicle, whether registered or not, that is in a junked, inoperable or other condition such that it is unfit for use on any public roadway, shall be stored on the premises of any service station or repair garage for a period in excess of 90 days. All such vehicles stored overnight on the premises outside the main building shall be screened from public view by a fence or other permanent structure or an opaque landscaped buffer, approved by the Land Use Board in accordance with the landscaping standards specified in this section.
(j) 
In addition to the signs otherwise permitted, permitted service stations and repair garages offering the sale of gasoline and other fuel products may increase the size of the otherwise permitted freestanding sign by 1/3 for the listing of the name(s) and/or symbol(s) of the principal fuel(s) available, or in the alternative, an attachment to the freestanding sign is permitted, listing the principal fuel(s) available, said attachment not to exceed 1/3 of the area of the base sign.
(3) 
Industrial parks, in accordance with the following requirements, as well as the other LI District requirements:
(a) 
The minimum park area is 12 acres.
(b) 
The minimum lot area for each parcel is two acres.
(c) 
The minimum park frontage on a county road is 250 feet.
(d) 
A unified sign package is included with directional signs if appropriate.
E. 
Bulk and area regulations. Light Industrial (LI) Zone requirements are as follows:
(1) 
Density: n/a.
(2) 
Minimum lot size: three acres.
(3) 
Minimum lot width: 200 feet.
(4) 
Minimum lot depth: 200 feet.
(5) 
Minimum front yard setback: 75 feet.
(6) 
Minimum rear yard setback: 30 feet.
(7) 
Minimum side yard: 40 feet each.
(8) 
Maximum impervious coverage: 60%.
(9) 
Maximum building height: three stories or 45 feet.
(10) 
Minimum parking setback: 50 feet from front, 25 feet from side and rear.
(11) 
Minimum buffer to residential property or residential zone (may include required yard): 75 feet.
F. 
Design standards.
(1) 
Applicants must submit architectural elevations to demonstrate consistency with this section. The Land Use Board will consider the architecture, color and design of proposed buildings. All buildings shall have a unified architectural treatment, whether constructed new, as an addition to an existing structure, or as a renovation. On large warehouse or light industrial buildings, attention should be given to entryways. Buildings shall relate in scale and design to any surrounding buildings so that over time a unified aesthetic may develop.
(2) 
Architecture and site planning should be designed with a cohesive design scheme. Building details and ornamentation, such as indentations, variations in rooflines, cornices, offsets and overhangs are encouraged.
(3) 
Primary facade materials shall be wood, aluminum or vinyl clapboard siding, smooth stucco or brick. Consideration will be given to other materials for large warehouse or light industrial buildings.
(4) 
The facade treatment of side and rear walls shall be similar to the treatment of the front facade. Buildings on corner lots shall be considered significant structures, since they have at least two facades visibly exposed to the street. Such buildings may be designed with additional height and/or architectural features to emphasize their location.
(5) 
Exterior mechanical equipment shall be architecturally screened and hidden from public view.
(6) 
Entrances to warehouse or light industrial sites or industrial parks should be defined with landscaping and unified signage.
(7) 
A landscaped buffer strip 25 feet in width, including a double row of evergreen trees, is required along the side and rear property lines within the buffer required by § 90-5.24. Where the site abuts a residential use, fencing may also be required.
(8) 
Curbing shall be provided in all parking areas and along all accessways.
(9) 
Where possible, parking areas should be interconnected with those of adjacent light industrial, office or commercial uses with cross access agreements to minimize curb cuts and improve site circulation, or provide the potential for future connections where an adjacent use is not yet operational. Common driveway access is encouraged and must be addressed by each applicant. Access to the site may not be from a neighborhood street.
(10) 
For sites that will have frequent truck traffic, a truck circulation plan should be submitted with the site plan.
(11) 
Signage. Signs are intended to identify the site and should be designed to enhance and be visually compatible with the surrounding area.
(a) 
A freestanding monument/ground or hanging style sign may be installed to identify the business, set back a minimum of 10 feet from the property line, outside of sight triangles.
(b) 
The maximum sign area is 12 square feet in area and six feet in height.
(c) 
Signs may be illuminated, but must be shielded and turned off no later than 10:00 pm.