[HISTORY: Adopted by the Township Committee of the Township of Harmony 12-2-1980 by Ord. No. 0:80-12 (Ch. 137 of the 1990 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Harmony Township Site Plan Review Ordinance of 1980."
A. 
The following words or terms shall have the following meanings where used herein:
BOARD
The Land Use Board of Harmony Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
CONVENTIONAL
Development other than planned development.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract of purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in use of any building or other structure or land or extension of use of land.
GUARANTY
Any security which may be accepted by the municipality, provided that a municipality shall not require more than 10% of the total performance guaranty in cash.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
SITE PLAN
A development plan of one or more lots on which is shown:
(1) 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
(2) 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs, lighting and screening devices.
(3) 
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans.
B. 
Terms and words not defined herein, but defined in Harmony Township Zoning Ordinance or Subdivision Ordinance, shall have, for the purposes of this chapter, the meanings given them in the Zoning Ordinance or Subdivision Ordinance, as the same now reads or may be amended. Terms and words not defined herein nor in the Harmony Township Zoning Ordinance or Subdivision Ordinance, shall have the meanings given them in the Municipal Land Use Law, its amendments and supplements thereto.[1]
[1]
Editor's Note: For the Township's zoning and subdivision regulations, see Chs. 525 and 425, respectively. For the Municipal Land Use Law, see N.J.S.A. 40:55D-1 et seq.
Site plan review and approval shall be required as a condition for the issuance of a permit for any development, except that individual lot applications for detached one- or two-dwelling-unit buildings which are part of a minor subdivision or are sited on lots which were in existence at the time of passage of this chapter, shall be exempt from site plan approval.
In the case of a site plan for a development which proposes construction over a period of years, the developer shall plan proposed stages so as to protect the interests of the public and of the residents, occupants and owners of the proposed development during the total completion of the development.
A. 
As a condition for site plan approval, the developer shall submit proof from the Harmony Township Tax Collector or other designated official that no taxes or assessments for local improvements are due or delinquent on the property for which the site plan application is made.
B. 
As a condition of site plan approval for a site to be used for commercial purposes, the applicant, where it is a corporation or partnership, shall submit as part of its application a list of all stockholders or individual partners owning at least 10% of its stock or at least 10% of the interest in the partnership, as the case may be, pursuant to N.J.S.A. 40:55D-48.1, plus, pursuant to N.J.S.A. 40:55D-48.2, if applicable, a list of all stockholders of individual partners owning at least 10% of the stock or partnership interest in a corporation or partnership subject to disclosure pursuant to N.J.S.A. 40:55D-48.1.
A. 
The developer shall submit to the Township Engineer eight copies of a site plan, including the information required by § 376-10C, together with eight copies of a completed application form and an application fee and a review and inspection fee computed in accordance with § 376-14. Upon receipt of the application and review and inspection fees, they shall immediately be forwarded to the Harmony Township Clerk.
B. 
The Township Engineer shall review the submittal to determine if it is complete, and, if it is complete and if found to be so, shall promptly forward seven copies of the site plan and application form to the Secretary of the Board, who shall retain four copies of each and distribute the remaining three copies to the Board Attorney, the Township Zoning Officer and the Board Chairman.
C. 
If the application for development is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Township Engineer within 45 days of submission of the application to the Township Engineer or it shall be deemed to be properly submitted.
D. 
Upon determining that the application has been properly submitted, the Township Engineer shall prepare and submit a report to the Land Use Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
A hearing shall be scheduled and held not less than 10 days prior to the date that the Board is required to act pursuant to the terms of this chapter or the Municipal Land Use Law, including any extensions of time as may be consented to by the developer.
F. 
Except in cases of conventional site plan review, notice of a hearing for the preliminary site plan review shall be given pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-11 and N.J.S.A. 40:55D-12), its amendments and supplements thereto.
G. 
If the Board requires any substantial amendment in the layout of improvements proposed by the developer that may have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development.
H. 
Upon submission of the complete application for site plan which involves 10 acres of land or less and 10 dwelling units or fewer, the Land Use Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for site plan which involves more than 10 acres or more than 10 dwelling units, the Land Use Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval of the site plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I. 
Preliminary approval of a site plan shall confer upon the applicant rights set forth in N.J.S.A. 40:55D-49 for a period of three years, except as provided in N.J.S.A. 40:55D-49d for an area of 50 acres or more.
A. 
Subsequent to preliminary site plan approval, the developer shall submit to the Township Engineer eight copies of a site plan, including the information required by § 376-10D, together with eight copies of the completed application.
B. 
The Township Engineer shall review the submittal to determine if it is complete and, if found to be so, shall promptly forward seven copies of the site plan and application form to the Secretary of the Board, who shall retain four copies of each and distribute the remaining three copies to the Board Attorney, the Township Zoning Officer and the Board Chairman.
C. 
If the application for development is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Township Engineer within 45 days of submission of the application to the Township Engineer or it shall be deemed to be properly submitted.
D. 
Final approval of the site plan shall be granted if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval and the conditions of preliminary approval, if any; provided, however, that in the case of a planned development or residential cluster, minimal deviations may be permitted from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
E. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Township Engineer within such further time as may be consented to by the applicant. Failure to act within the period prescribed shall constitute final approval.
F. 
Subsequent to final approval, the Board Secretary shall forward one copy of the approved site plan to the Township Tax Assessor and the developer, in addition to those distributed pursuant to Subsection B above.
The Board, when acting upon an application for site plan approval, shall have the power to grant such exceptions from the requirements of site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review if the applicant can clearly demonstrate that the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
The Board shall have the power to review and approve or deny site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Board or the Board being required to hold further hearings.
A. 
Site plans shall be submitted in accordance with the following schedules:
(1) 
The sizes of all maps and plans submitted in compliance with this chapter shall be of one of the following sizes:
(a) 
Fifteen by twenty-one (15 x 21) inches.
(b) 
Twenty-four by thirty-six (24 x 36) inches.
(2) 
The title block shall include the following information:
(a) 
The name of the subdivision.
(b) 
The name, address, membership or license of the professional person who prepared the drawings.
(c) 
The term "sketch site plan," "preliminary site plan" or "final site plan," as applicable.
(d) 
The date of the drawing.
(e) 
The drawing reference number.
(f) 
The section number of the section being subdivided, if applicable.
(g) 
The scale of the drawing.
(3) 
Drawings shall also include the following:
(a) 
North arrow and reference meridian.
(b) 
Date of original drawing and date and nature of all subsequent revisions.
B. 
Sketch plan review. In keeping with the above intent, prospective developers are hereby encouraged but not required to informally submit preliminary sketches, reports and/or proposals for development to the Board for review and discussion (at duly constituted regular or special Board meetings). The following of such informal procedure shall not prejudice the developer's right to proceed subsequently as an applicant otherwise pursuant to the requirements of this chapter. The developer shall not be bound by any concept plan for which review is requested, and the Board shall not be found by any such review.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Preliminary site plan requirements.
(1) 
An application for preliminary site plan shall reflect the review and design guidelines in § 376-11.
(2) 
The preliminary site plan shall be drawn at a scale in accordance with the following table:
Area of Site
(acres)
Scale, Not to be Less Than
Less than 40
1 inch equals 50 feet
Over 40
1 inch equals 100 feet
(3) 
The plan shall include the following data:
(a) 
The name and address of the developer and the owner and the name, address and title of the person preparing the plan and maps, including appropriate map titles and accompanying data.
(b) 
The acreage, Municipal Tax Map lot and block numbers and tax sheet numbers of the lot or lots.
(c) 
A key location map showing the site and its relationship to surrounding areas and zone boundaries within a minimum of one-fourth (1/4) mile.
(d) 
A date, graphic scale and North arrow.
(e) 
All existing, proposed and minimum required setback dimensions.
(f) 
Landscaped areas, fencing and trees over four inches in diameter, except that where trees are in mass, only the limits thereof if proposed to remain need be shown, or if proposed for removal, only trees over nine inches in diameter need be shown.
(g) 
All existing and proposed signs, utility poles and their size, type of construction and location.
(h) 
The existing and proposed principal building or structures and all accessory buildings or structures, if any, approximate floor areas of said buildings and approximate finished grade elevations at all corners of said buildings.
(i) 
The location of all existing buildings, drainage and parking areas within 200 feet of the lot.
(j) 
Existing topography depicted by contours at two-foot intervals based upon New Jersey Geodetic Control Survey datum for the site and areas within 50 feet of the site.
(k) 
The approximate location and size of all existing and proposed storm drainage facilities, plus all required preliminary design data supporting the adequacy of the existing or proposed facility to handle future storm flows and analysis of the capacity of the facility into which the stormwater will flow.
(l) 
An analysis of all existing and proposed utilities and an analysis of the capacity of the existing utilities to accept the proposed facility.
(m) 
The location of all existing and proposed sidewalks, driveways, fences, retaining walls, parking space areas and the layouts thereof, and all off-street loading areas, together with the dimensions of all the foregoing on the site in question and within 100 feet of said site.
(n) 
The estimated average number of automobiles and number and size or type of trucks or buses that will enter and leave the site each day and during the peak hours, including an analysis of the ability of the existing road system to accept the additional traffic volumes.
(o) 
The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the lot or lots in question, and the location, size and description of any lands to be dedicated to the Township or to the county.
(p) 
The location, size and nature of the entire lot or lots in question, and any contiguous lots owned by the developer or in which the developer has a direct or indirect interest, even though only a portion of the entire property is involved in the site plan for which approval is sought; provided, however, that where it is physically impossible to show such entire lot or lots contiguous lots on one map, a key map thereof shall be submitted.
(q) 
Plans and profiles of streets adjoining the property for a distance of 500 feet in either direction, including the location of driveways and intersecting streets and an indication of the maximum available sight distance.
(r) 
General nature and extent of proposed site lighting.
(s) 
The method of sewage disposal and water supply and the preliminary design thereof subject to the following:
[Amended 5-3-1988 by Ord. No. 0:88-7; 9-4-1990 by Ord. No. 0:90-17; 9-16-2003 by Ord. No. 03-8]
[1] 
Sewage disposal.
[a] 
If the site is to be served by an individual sewage disposal system, a copy of the report required for percolation or permeability tests and soil logs therefor shall be submitted.
[b] 
If the site is to be served by a central sewer system, a design of the collection system and a copy of an engineer's report complying with the requirements of N.J.A.C. 7:14A-23.5 et seq. shall be submitted.
[2] 
Water supply.
[a] 
If the site is to be served by an individual water supply system, a copy of the report required for well test requirements as required by § 489-7 shall be submitted.
[b] 
If the site is to be served by a central water system, a design of the distribution system and a copy of an engineer's report complying with the requirements of N.J.A.C. 7:10-11.5 shall be submitted.
(t) 
Proposed stages or development sections, if any, and the approximate schedule for implementing each stage or section.
(u) 
Tax Map lot and block numbers and names of owners of all properties within 200 feet of the site.
(4) 
The plans shall be prepared by a professional engineer licensed to practice in New Jersey.
(5) 
The preliminary site plan shall be accompanied by an environmental impact and community facilities analysis prepared in accordance with Article VI of Chapter 425, Subdivision of Land (§§ 425-28 through 425-36).
[Added 4-5-1994 by Ord. No. 94-3]
D. 
Final site plan requirements.
(1) 
An application for final site plan shall be substantially the same as the approved preliminary site plan or a stage or section thereof; however, it shall show final and detailed design and engineering which shall be designed in accordance with the review and design guidelines in § 376-11.
(2) 
The site plan shall be drawn at a scale not less than one inch equals 50 feet and not greater than one inch equals 10 feet; except that for land development plans that will require more than one sheet at this scale, a key map shall be included to show the entire tract and the detail sheet which shows each segment thereof.
(3) 
The plan shall include or be accompanied by the following data:
(a) 
The name and address of the developer and the owner and the name, address and title of the person preparing the plan or maps, including appropriate map and titles and accompanying data.
(b) 
An affidavit of the owner and other parties in interest that the site plan is submitted with their knowledge and consent.
(c) 
The Municipal Tax Map lot and block numbers of the lot or lots.
(d) 
A key location map showing the site and its relationship to surrounding areas and zone boundaries within a minimum of 1/4 mile.
(e) 
The names of all adjoining owners.
(f) 
A date, graphic scale, North arrow and reference meridian on any map.
(g) 
The zone district in which the lot or lots are located, together with a delineation of the yard setback lines required in the zone district.
(h) 
An accurate boundary survey prepared and certified by a New Jersey licensed land surveyor. The survey shall be based on a field traverse with an error of closure not less than one part in 10,000.
(i) 
The existing and proposed principal building or structures and all accessory buildings or structures, if any, and finished grade elevations of all first floors and roofs, including roof structures.
(j) 
Architectural floor plans for each floor of the building or structure and elevations from all principal exposures of all buildings or structures on the sites, but not less than four, with the name, address and registration number of the licensed architect preparing the plans.
(k) 
Existing topography based upon New Jersey Geodetic Control Survey datum, for the site and areas within 50 feet of the site, and proposed grading, both with a maximum of two-foot contour intervals.
(l) 
All setback dimensions and minimum setback lines, fences and landscaped areas and trees as required by Subsection C(3)(c) of this section.
(m) 
A landscape and planting plan which, as a minimum, shall spot the location of all existing plantings to be retained and all plantings to be established and shall contain a schedule, keyed to the plantings shown, calling out the type (common name and botanical name), size (height, spread and trunk diameter) at time of planting and at maturity and quantity of all plantings shown on the plan.
(n) 
All existing and proposed signs and lighting standards, including design calculation and indications of size, type of construction and location.
(o) 
The location, type and size of all existing and proposed catch basins and storm drainage facilities with profiles thereof, including design calculations, plus all required design data supporting the adequacy of all existing facilities to accept the additional stormwaters.
(p) 
The location, type and size of all existing and proposed curbs, sidewalks, driveways, fences, retaining walls, parking space areas and the layouts thereof, and all off-street loading areas, together with the dimensions of all the foregoing on the site in question and within 100 feet of said site.
(q) 
The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the lot or lots in question and the location, size and description of any lands to be dedicated to the Township or to the county or other agency.
(r) 
The location and size of all sanitary sewer lines and profiles thereof.
(s) 
Location, size and type of all proposed utility lines and structures, including but not limited to telephone, electric, water, sanitary sewer, gas and CATV, and letters from each that the facilities are adequate to serve the site development.
(t) 
The location, size and nature of remaining lands or contiguous lots in which the developer has a direct interest.
(u) 
All proposed easements and public community access.
(v) 
The location, size and type of all proposed off-site improvements.
(w) 
All points of vehicular ingress and egress for the site, indicating the size of driveways and sight triangles.
(x) 
Provision for refuse and garbage disposal.
(y) 
Location of all points in pedestrian access, including internal circulation patterns.
(z) 
Location and design of all fire prevention measures, including emergency lanes, hydrants, sprinkler and siamese connections and fire zones.
(aa) 
The present and proposed number of units and number of tenants, employees, customers or occupants of each unit and a summary of the total number of each expected to be on the site each day.
(bb) 
The location of any other feature directly on the property and beyond the property, if such feature has an effort on the use of said property.
(cc) 
Construction details of all proposed site improvements.
(dd) 
Such information or data as may be required by the Board in order to determine that the details of the site plan are in accord with the standards of the ordinances of the Township.
(ee) 
A complete list of the site improvements, except principal and accessory buildings, by item, and the quantities thereof to be constructed.
(ff) 
Copies of all applicable local, state and federal permits that may be required.
(4) 
The plan shall be prepared and signed by a professional engineer licensed in New Jersey except for certification by other licensed professionals as required by this chapter or New Jersey law.
A. 
General design considerations. The following shall constitute the general design considerations for site plans which shall be adhered to by the applicant in preparation of site plans:
(1) 
Preservation of landscape. Landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Adequate shade trees shall be provided.
(2) 
Relation of proposed buildings to environment. The proposed structure shall be related harmoniously to the land form (either natural or man-made) and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.
(3) 
Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of vehicular and pedestrian traffic and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties. Streets shall be of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the circulation element of the Master Plan.
(4) 
Surface water drainage. Special attention shall be given to proper sites for stormwater detention and surface drainage so that the surface water will not adversely affect neighboring properties or the public storm drainage system. As much as possible, and except as may be modified by Chapter 400, Stormwater Management, surface runoff waters from the premises should not be caused by the proposed development to exceed within any storm period the peak rate of runoff which would occur on a lot or tract in its presently developed condition, provided that, if the lot is presently farmed, it shall be considered as pasture for purposes of determining rate of runoff increase.
(5) 
Utility service. All electric, telephone, cable television and utility lines shall be underground. Adequate water supply, sewerage facilities and other utilities necessary for essential services to residents and occupants shall be provided.
(6) 
Advertising features. The size, location, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties.
(7) 
Special features. Exposed storage tank areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing and contemplated site design and the surrounding properties.
(8) 
Open space. Open space and cluster residential developments and planned developments shall be provided in accordance with the provisions of the Harmony Township Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 525, Zoning.
(9) 
Application of design standards. The standards of review outlined above shall also apply to all accessory buildings, structures, freestanding signs and other site features.
B. 
Design standards. The following minimum design standards shall be required for all site improvements:
(1) 
Public streets.
(a) 
Improvement of the public street upon which the site fronts shall be required for the portion of the site to be developed. These improvements shall be as required by the Harmony Township Subdivision Ordinance.
(b) 
Sight triangles shall be provided at the intersection of all driveways leading to and exiting from the site.
[1] 
These sight triangles shall be measured along the curbline of both the driveway and the intersecting street. The sight triangle shall be limited by a point measured 30 feet along the curbline of the driveway from the roadway curbline and a point on the intersecting roadway curbline which shall be located from the near curbline or the intersecting driveway in accordance with the following table:
Roadway Classification
Minimum Sight Distance
(feet)
Local
200
Minor collector
275
Major collector
350
Others
400
[2] 
The sight triangle shall be clear of all obstructions from 20 inches above center-line grade to a point 120 inches above the center line, except that utility poles and street trees shall be permitted, provided that they do not create a safety hazard. An easement dedication to the owner of the intersecting roadway incorporating the entire sight triangle within the site but outside the right-of-way line shall be made.
(2) 
On-site improvements.
(a) 
Site lighting.
[1] 
Site lighting shall be provided in all areas accessible to the public in accordance with the following table:
Area
Average Maintained Footcandles
Parking lots
Shopping centers
1.5-5
Retail businesses
1.0-4.0
Industrial
0.5-1.0
Residential, multifamily
0.4-1.0
Access Driveways
Shopping centers
2.0-3.0
Retail businesses
1.0-3.0
Industrial
1.0-3.0
Park area and pedestrianways
0.4
Sidewalks
0.5
Intersections
2.0-5
Other areas
As determined by individual study
[2] 
In general, the areas most frequently utilized shall be more intensely lit, with lighting levels decreasing as usage decreases.
[3] 
All lighting shall be designed to meet the following minimum criteria:
[a] 
All lighting from fixtures shall be cut off at property lines adjoining residential areas and zones.
[b] 
Fixtures shall provide cutoff so that the lamp or refractor is not visible from adjoining roadways or residential areas.
[c] 
Sky glow effects are prohibited.
[d] 
Maximum desirable luminaire mounting heights shall be 30 feet.
[e] 
A minimum uniformity ratio varying from six to one (6:1) for the intensely lit areas to ten to one (10:1) for the remote areas. The uniformity ratio shall be the ratio of the average to minimum intensity.
(b) 
Storm drainage. All site plans shall incorporate adequate storm drainage facilities. The facilities shall be designed in accordance with the standards established in Chapter 425, Subdivision of Land, and other applicable ordinances, except that in addition to the use of standard inlets as prescribed for use in municipal streets, the use inlet Type B-3 may be used. These shall be as shown in the standard details for Harmony Township, copies of which are on file in the Township Clerk's office.
[1] 
Inlets in parking areas shall be spaced and sized to prevent a spread of water into the parking aisles during a storm with an intensity of three inches per hour. Inlets in driveways and roadways within parking areas shall be spaced and sized to provide a minimum of an eight-foot-wide lane for each designed traveled lane during a storm with an intensity of three inches per hour.
[2] 
Inlets shall be placed at the intersection of all parking lot driveways or roadways with all public roads if the volume of water entering the public roadway will create a violation of the roadway inlet spacing standards set forth in Chapter 425, Subdivision of Land.
(c) 
Parking lot layout. Parking lots providing in excess of 50 parking spaces shall meet the following requirements.
[1] 
Driveways shall be separated from parking stalls and aisles by raised curbed islands which shall be a minimum of five feet wide.
[2] 
In every fifth row of parking, the opposing stalls shall be separated by raised curbed islands, which shall be a minimum of four feet wide.
[3] 
At least one tree as required by the Zoning Ordinance shall be planted within each island required herein.
[4] 
All islands required herein shall be landscaped and grassed.
(d) 
Landscaping. In addition to the buffer zone required by the Zoning Ordinance and ornamental shrubbery to be placed on the site, shade trees shall be placed in conformance with the following:
[1] 
Street trees as required by the Subdivision Ordinance shall be placed along all adjoining public roadways.
[2] 
Shade trees on the site shall be provided as required by the Zoning Ordinance in parking areas with more than 50 cars. At least one-half (1/2) of these trees shall be planted in landscaped and curbed islands.
(e) 
Pedestrian access. In parking areas in excess of 100 parking stalls, sidewalks shall be constructed along all driveways and roadways as necessary to accommodate pedestrian travel parallel to the flow of traffic thereon.
(f) 
Fire protection. Notwithstanding the provision of fire codes and recommendations of fire personnel the following shall apply:
[1] 
On all sites in excess of 10,000 square feet of building area, fire aisles shall be provided adjacent to all exposures of buildings. No automobile parking shall be permitted between the fire aisle and the building, except that parcel pickup areas will be permitted, provided that the designated area does not exceed one-third (1/3) of the frontage of an individual business establishment. Pedestrian walkways and truck loading zones will be permitted between the fire aisle and the buildings.
[2] 
All fire aisles shall be a minimum of 30 feet in width.
[3] 
No portion of a structure shall be more than 600 feet from a fire hydrant where public water is available.
(g) 
Grading. Grading shall be as required by the site construction. However, the following requirements shall be adhered to:
[1] 
Driveways. Driveways and roadways shall not exceed a maximum grade of 6% and shall not exceed a grade of 4% within 100 feet at the sideline of an intersecting street.
[2] 
Parking areas. Parking areas shall be reasonably level but shall not exceed a maximum grade of 6% and shall be graded so that stormwater runs from aisles to parking stalls and does not cross drives or roadway in a concentrated flow.
[3] 
Maximum earthen slopes. Slopes shall not exceed a ratio of one and one-half (1 1/2) horizontal to one vertical unless a slope stability analysis indicates to the contrary, provided that slopes which are in excess of two to one (2:1) shall be fenced at the top with a four-foot-high fence, and slopes greater than two to one (2:1) but less than three to one (3:1) shall have a fence or protective vegetative screen or guardrail.
[4] 
All nonpaved areas shall be permanently stabilized to prevent erosion.
(h) 
Other improvement shall be made in accordance with the standards set forth in the Subdivision Ordinance,[2] or in lieu thereof, as may be indicated by good engineering practice.
[2]
Editor's Note: See Ch. 425, Subdivision of Land.
(3) 
Standards for construction. All work shall be done in conformance with the current construction standards of the Township of Harmony or, in lieu thereof, the current edition of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction, 1961, with amendments and revisions thereto, and with the New Jersey Department of Transportation standard construction details.
[Amended 11-6-2018 by Ord. No. 18-9]
A. 
Guaranties required. As a condition of final site plan approval or as a condition to the issuance of a zoning permit, the municipality may require and shall accept for the purpose of assuring the installation and maintenance of certain on tract improvements the furnishing of a performance guarantee, and provision for a maintenance guarantee in accordance with the following.
(1) 
Performance guarantees.
(a) 
Public improvements performance guarantee. Developers shall be required to furnish a public improvements performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the municipal engineer in accordance with N.J.S.A. 40:55D-53.4 for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The municipal engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(b) 
Perimeter buffer landscaping performance guarantee. The municipality may require a perimeter buffer landscaping performance guarantee for privately owned perimeter buffer landscaping within a development or section of a development which has been imposed as a condition of development approval. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(c) 
Temporary certificate of occupancy performance guarantee. The municipality may require a temporary certificate of occupancy performance guarantee in the event that the developer seeks a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon the posting of a temporary certificate of occupancy guarantee, all sums remaining under any public improvements performance guarantee as required above which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the municipal engineer or Zoning Officer. At no time may a municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the municipal engineer or Zoning Officer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(d) 
Safety and stabilization performance guarantee.
[1] 
The municipality may require a safety and stabilization performance guarantee for a development for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition. At the developer's option, the safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the performance guarantee. The guarantee shall be claimed by the municipality only in the circumstance that (1) site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure, and (2) work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee. A municipality shall not provide notice of its intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. A municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
[2] 
The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
[3] 
The amount of a safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
[4] 
The municipality shall release any separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection. The municipality shall release a safety and stabilization guarantee upon the municipal engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
(2) 
Maintenance guarantees.
(a) 
Public improvement and perimeter buffer landscaping maintenance guarantee. Developers shall be required to post with the municipality, prior to the release of a public improvement performance guarantee and/or a perimeter buffer landscaping performance guarantee, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released. The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
(b) 
Private improvements maintenance guarantee. The municipality may require, upon the inspection and issuance of final approval of the following private site improvements by the municipal engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
B. 
Form of guarantee. The form of the guarantee shall be as approved by the Township Attorney, and the amount of the guaranty shall be as determined by the Township Engineer.
C. 
Liability during construction. The applicant shall assume all liability during construction of such improvements and until such time as the improvements are accepted by the municipality.
D. 
Improvements owned by other governmental agencies or public utilities. In the event that other governmental agencies or public utilities will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.
E. 
Time allowed for installation of bonded improvements. The time allowed for installation of the bonded improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the municipal engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.
F. 
Completion of bonded improvements by the municipality. If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
G. 
Reduction or release of performance guarantee.
(1) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer prepare, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the public improvements performance guarantee, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the municipal engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2) 
The list prepared by the municipal engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the municipal engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the public improvements performance guarantee.
(3) 
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the public improvements performance guarantee. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the municipal engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(4) 
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the public improvements performance guarantee including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 25% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
(5) 
If the municipal engineer fails to send or provide the list and report as requested by the obligor within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the municipal engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(6) 
If the governing body fails to approve or reject the bonded improvements determined by the municipal engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the municipal engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the public improvements performance guarantee; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(7) 
In the event that the obligor has made a cash deposit with the municipality or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee provided that if the developer has furnished a safety and stabilization guarantee, the municipality may retain cash equal to the amount of the remaining safety and stabilization guarantee.
(8) 
If any portion of the required bonded improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
(9) 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the municipal engineer.
H. 
Acceptance of dedication of public improvements. To the extent that any of the improvements have been dedicated to the municipality on the approved site plan, the municipal governing body shall be deemed, upon the release of any public improvements performance guarantee, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the municipal engineer.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a zoning permit, construction permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any zoning permit, construction permit or certificate of occupancy, as the case may be. If the Construction Code Official finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions, and failure to comply within this ten-day period shall result in revocation of the zoning permit, construction permit, certificate of occupancy or certificate of continued occupancy, as the case may be. Such violations may additionally or singly also be prosecuted under provisions of Chapter 525, Zoning.
[Amended 9-5-2013 by Ord. No. 13-3]
Site plan review:
A. 
Application fee.
(1) 
New applications. The developer shall submit to the Land Use Board Administrator an application fee as determined by the following fee schedule:
Site Plans
Application Fee1
Escrow Deposit
(a)
Preliminary plan (residential)2
$500 + $25/dwelling unit
$2,500 + $25/dwelling unit + $25/acre
(b)
Preliminary plan (nonresidential)3
$500 + $0.02/sq. ft. of building floor area + $25/acre
$2,500 + $0.03/sq. ft. of building floor area + $25/acre
(c)
Final Plan (residential)
$300 + $10/dwelling unit
$1,500
(d)
Final plan (nonresidential)
$300 + $0.01/sq. ft. of building floor area + $25/acre
$1,500
NOTES:
1
No application fee shall exceed $15,000.
2
Any nonresidential buildings in a predominantly residential site plan shall pay an escrow deposit of $0.03 per square foot of nonresidential building floor area in addition to the residential escrow deposit.
3
Any residences in a predominantly nonresidential site plan shall pay $25 per dwelling unit escrow deposit in addition to the nonresidential escrow deposit.
(2) 
Amendments to previously approved site plan. Application fee shall be 1/2 of the original application fee but not to exceed $500. Escrow deposit shall be 1/2 of the original escrow deposit unless sufficient funds remain in the escrow account from the original application, such that the Board determines a lesser amount is adequate to cover anticipated bills.
(3) 
Extension of preliminary approval and/or final approval. Application fee shall be 1/2 of the original application fee but not to exceed $500. Escrow deposit shall be 1/2 of the original escrow deposit for preliminary or final extensions unless sufficient funds remain in the escrow account from the original application.
B. 
Application and escrow fees for residential subdivisions shall be posted in accordance with Chapter 425, Subdivision of Land.
C. 
Fee procedure. All fees shall be paid in the form of separate check or money order made payable to the Township of Harmony for the application fee and escrow deposit. If, at the completion and municipal approval and acceptance of all required improvements in an entire site plan, the sum deposited with the Township Clerk by the developer, pursuant to the above to cover the cost of engineering, planning, inspection and legal services, should exceed the expense actually incurred by the Township for such services, the developer, upon written request, made within one year following the date of such acceptance, shall be entitled to the return of the amount by which its deposits aforesaid exceed actual cost, without interest.
D. 
Inspection fees.
[Added 11-6-2018 by Ord. No. 18-9]
(1) 
The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements, which fees shall not exceed the sum of the amounts set forth below. The municipality may require the developer to post the inspection fees in escrow in an amount:
(a) 
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a public improvements performance guarantee and/or a perimeter buffer landscaping performance guarantee; and
(b) 
Not to exceed 5% of the cost of private site improvements that are not subject to a public improvements performance guarantee, which cost shall be determined pursuant to N.J.A.C. 40:55D-53.4.
(2) 
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
(3) 
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
(4) 
If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated above, is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
[Amended 8-7-1990 by Ord. No. 0:90-15; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalty provisions in Chapter 1, Article II, General Penalty, of the Code of the Township of Harmony.