Whenever a term is used in this chapter or in Chapter 225, Zoning, as amended and readopted, or in Chapter 192, Subdivision of Land, as amended and readopted, which is defined in the Municipal Land Use Law, c. 291, P.L. 1975,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute, unless a contrary
intention is clearly expressed from the context of said ordinances.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
All provisions of Chapter 225, Zoning, as amended and readopted, and all provisions of Chapter 192, Subdivision of Land, as amended and readopted, and all provisions of any other ordinances of the Township of Harrison, in the County of Gloucester, which are inconsistent with the provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.
Pursuant to the provisions of the Municipal Land Use Law, c.
291, P.L. 1975,[1] the substantive provisions of the existing Chapter 192, Subdivision of Land, as amended and readopted and the development regulations set forth therein are hereby readopted and shall continue in full force and effect and shall be read in para materia with this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The substantive provisions of the existing Chapter 225, Zoning, as amended and readopted, and the development regulations set forth therein are hereby readopted as an interim Zoning Ordinance for a period of one year from the effective date hereof, pursuant to the provisions of the Municipal Land Use Law, c. 291, P.L. 1975, Section 77b.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article III of this chapter.
This chapter shall be known and may be cited as the "Land Use
Procedures Ordinance of the Township of Harrison."
Immediately upon adoption of this chapter, the Municipal Clerk
shall file a copy of this chapter with the County Planning Board as
required by law. The Clerk shall also file with said County Planning
Board copies of all other ordinances of the municipality relating
to land use, such as the Subdivision, Zoning and Site Plan Review
Ordinances.
A.
The Planning Board may approve minor changes to conditions attached
to an approved subdivision or site plan as an administrative matter
without public notice if it is determined by the Planning Board that
the change requested is not a significant change to a substantial
condition of the approval.
B.
The Planning Board may establish an administrative review committee
to determine whether the requested change is a significant change
to a substantial condition of the approval and to address all applications
for change determined to be of a minor or nonsignificant nature. If
the Administrative Review Committee determines that the change is
not a substantial change to the prior approval granted by the municipal
agency, then it shall evaluate the request and recommend a course
of action to the Planning Board for its consideration. If the Administrative
Review Committee determines that the request is a substantial change
to the approved development plan, then the matter cannot be decided
by the subcommittee but must be referred to the Planning Board for
consideration at public hearing on public notice pursuant to statute.
C.
In order to request an administrative review of the requested change,
an applicant shall submit eight copies of a written statement detailing
the nature of the requested change along with plans or diagrams outlining
the change, if appropriate, and the required application fee and review
escrow. Upon receipt of a complete application package, the Planning
Board Secretary will set a date for consideration of the waiver request
by the Planning Board.
D.
All applications, fees, escrows and supporting documentation shall
be submitted no less than 10 days before the meeting date for the
application.
E.
Upon completion of its review, the Administrative Review Committee
of the Planning Board, if one is established, shall make its recommendation
to the Planning Board for decision.
F.
Application fee. The application fee for an administrative review
of a requested change to an approved development shall be the sum
of $150 to be paid to the Township of Harrison and delivered to the
Secretary of the Planning Board at the time the application is filed.
[Amended 2-22-2022 by Ord. No. 05-2022]
G.
Review escrow. A minimum review fee or escrow in the amount of $800
shall be paid by the applicant with the submission of its request
for a change to its approval. The Township of Harrison shall hold
this sum in escrow, for use in payment of all review fees which are
generated as a result of the application. Any sums not utilized in
the review process shall be returned to the applicant. An accounting
of all sums expended will be provided to the applicant. In the event
additional sums shall be required, the applicant shall be notified,
in writing, by the Secretary of the Planning Board of the required
additional amount, and the applicant shall promptly submit such additional
amount as escrow to the Township of Harrison. In the event the applicant
fails, within 20 days of receiving notice of an escrow deficiency,
to submit the additional sums required, the request shall be held
in abeyance until such time as the applicant shall correct the deficiency.
In the event there is any deficiency at the completion of all proceedings
and hearings, the applicant shall pay all costs in full before the
Township of Harrison shall issue any building permit. The Secretary
of the Planning Board shall advise the Construction Official of the
deficiency. The Construction Official shall not issue any building
permit until all such deficiencies have been paid in full.
[Amended 2-22-2022 by Ord. No. 05-2022]
A.
Purpose. As a condition of subdivision or site plan approval, and
in accordance with N.J.S.A. 40:55D-42, the Planning Board of Harrison
Township shall require a developer/applicant to pay its pro rata share
of the cost of providing reasonable and necessary improvements to
the Township's water, streets and intersections, including signalization,
drainage, and sewer facilities, including land and easements, that
are located off-tract of the proposed subdivision or development,
but which are necessitated or required as a direct result of the impact
that the subdivision or development will have upon the Township. All
such off-tract water, streets and intersections, including signalization,
drainage and sewer improvements, shall be in conformance with the
applicable elements of the Township's Master Plan. Such improvements
are those that are clearly, directly and/or substantially related
to the subdivision or development under review, as further determined
based on the provisions, calculations and methodologies being further
set forth herein. In addition, and separate and apart from the provisions
of N.J.S.A. 40:55D-42, a developer shall be required to pay its fair
share for off-tract open space and/or recreational land and improvements,
in concert with or as set forth in the applicable elements of the
Township's Master Plan, where either none of the same or only a portion
of the same are provided for on-tract, as required by ordinance, or
when the developer, with Planning Board approval, opts to pay a contribution
fee in lieu of all or a portion of such on-tract requirements.
B.
Cost allocation.
(1)
Full allocation. In cases where off-tract improvements are necessitated
by the proposed development, and where neither the Township nor any
other governmental entity has either planned, programmed, or accepted
responsibility for any portion of the cost of the improvements, the
developer/applicant shall be responsible, at the developer/applicant's
sole expense, and as a condition of approval, to provide for and install
such improvements, after review and approval by the Board's Engineer
of all such plans related to the improvements. The improvements shall
be installed prior to the issuance of the first building permit.
(2)
Proportionate allocation. Where it is determined that properties
outside the development will also be benefited by the off-tract improvements,
or where either the Township or other governmental agency or entity
has planned or programmed, or accepted responsibility for any portion
of the cost of the improvement, the criteria set forth herein shall
be utilized in calculating and determining the proportionate share
of the cost of such improvements to the developer/applicant. A proportionate
allocation shall not be made, however, and a developer/applicant shall
be responsible for assuming all costs for improvements, where there
is a need to upgrade an existing facility or improvement due to its
insufficient capacity or other inadequacies to service the needs of
the developer/applicant's proposed development, but the existing facility
or improvement is adequate to service the needs of the present users.
Where a developer is required to "front-end" an off-tract improvement
(such as the extension of a sewer line to the proposed development),
and future developers benefit from the same, then the original developer
who made the improvement shall be entitled to a pro rata reimbursement
from any subsequent developers who have directly benefited from the
improvement, if said subsequent benefit accrues within 10 years from
the date of the original improvement. In any such event, the following
procedure shall take place:
(a)
The original developer shall certify the actual costs of the
off-tract improvements, based on construction invoices, which shall
then be verified by the Township Engineer.
(b)
The Township Engineer shall then calculate the subsequent developer's
pro rata contribution, by dividing the use of the improvement by the
subsequent developer by the use of the improvement made by all developments
benefiting from the improvement, based on road capacity, daily sewage
flow, daily water flow, etc.
(c)
The Township shall then condition the issuance of the first
building permit in the subsequent developer's development, upon payment
in full of the pro rata reimbursement to the original developer. Said
reimbursement shall be payable to the Township directly, who shall
then reimburse the original developer, subject to payment of any liens,
offsets or other funds due to the Township by the original developer.
(3)
Alternate methods. Nothing herein shall be construed as to prevent
the Planning Board of Harrison Township and the developer/applicant
from agreeing to use an alternate method to allocate costs, or to
use an alternate method to make payments for pro rata reimbursements,
than that which is set forth herein, given the unique and distinguishable
characteristics of each application for development, as long as such
alternate method is based on fair and reasonable standards, and the
reason for adopting such alternate method is clearly set forth and
agreed to by both the Planning Board and the developer/applicant.
C.
Off-tract water improvements.
(1)
Water supply. The developer/applicant's share of water distribution,
supply, treatment, and storage facilities, including the installation,
relocation or replacement of water, mains, hydrants, valves, and appurtenances
associated therewith, shall be computed as follows:
(a)
The capacity and design of the water supply system shall be
based on standards computed by the developer's engineer and approved
by the Township's Engineer.
(b)
The Township Engineer shall provide the developer/applicant
with the existing and reasonably anticipated peak hour flows as well
as capacity limits for the affected water system in terms of average
demand, peak demand and fire demand.
(c)
If the required system does not exist, or the existing system
does not have adequate capacity to accommodate the developer/applicant's
flow given existing and reasonably anticipated peak hour and fire
flows, the pro rata share shall be computed to the larger of:
[1]
The partial cost of a shared improvement where none now exists:
|
Total cost of improvement
|
Capacity of improvement (gallons per day – "GPD")
| |
|---|---|---|
|
Developer/applicant's cost
|
=
|
Development-generated design flow to be accommodated by the
improvement ("GPD"); or
|
[2]
The total cost of an improvement designed to accommodate only
the development flow, if such an alternative is technically feasible;
or
[3]
The full cost to upgrade an existing facility or improvement
where said facility or improvement has either insufficient capacity
or is otherwise inadequate to service the needs of the developer/applicant,
but is adequate to service the needs of the present users.
D.
Off-tract roadway improvements.
(1)
Roadways. The developer/applicant's proportionate share of street
and intersection improvements, alignments, channelization, barriers,
new or improved traffic signalization, signs, curbs, sidewalks, trees,
utility improvements uncovered elsewhere, the construction or reconstruction
of new or existing streets and intersections, and other associated
street or traffic improvements, shall be as follows:
(a)
Traffic study. A traffic impact study ("study") shall be provided
by the developer/applicant. The study shall address the various traffic-generating
characteristics of uses in the proposed development and the interface
of traffic from uses associated from the proposed development and
existing uses in the area, to assure that there will not be a degradation
in the level of service in the area, and that there will not be any
traffic hazards created in the area by traffic generated as a direct
result of the development. In addition, the study shall incorporate
the recommendations, and propose a plan to achieve the goals specifically
set forth in the traffic and circulation element of the Master Plan
adopted by the Township of Harrison on February 1, 2007, pursuant
to N.J.S.A. 40:55D-89.
(b)
Level of service. The developer/applicant must demonstrate that
the existing public traffic arteries have adequate capacities to accommodate
the traffic to be generated by the proposed project at an acceptable
level of service of "C" or better, and that safe, convenient and adequate
circulation and parking is provided for on site of the proposed development.
(c)
Traffic volumes. The developer/applicant must provide as a part
of its submitted study, existing twenty-four-hour traffic counts for
a minimum of three different days, excluding Sundays and holidays,
summarized by hour and by direction, and peak hours trips by movement
on all critical off-tract arterial roadways and intersections affected
by the proposed development. Traffic volumes utilized in the study
shall be taken within 12 months preceding the date that the application
is filed with the Township's Planning Board, and be taken between
the period of September 1 through June 15, excluding those days wherein
inclement weather would make such counts not typical. If there is
a seasonal peak, the study shall take the same into account and make
appropriate comments.
(d)
Future background traffic volume. Future traffic volumes shall
be calculated by multiplying the peak hour traffic volumes utilizing
the current New Jersey Department of Transportation ("NJDOT") growth
factors. These factored traffic volumes will be surcharged with traffic
volumes expected to be generated by impending development in the area,
based on development projects presently approved by, or pending before,
the Township's Planning Board, and known projects presently approved
by or pending before the Planning or Zoning Boards of immediately
adjacent municipalities which will clearly have an impact on local
traffic.
(e)
Traffic generation. Traffic expected to be generated by the
proposed development shall be calculated by utilizing the latest copy
of the Institute of Transportation Engineers ("ITE") text, Trip Generation.
The values developed by using the trip generation method shall be
verified by typical counts when requested by the Township to verify
results. If the Township requires trip generation data because the
trip generation methodology is not accurate due to local conditions
or an inadequate database in the Trip Generation text, the traffic
data counts required to verify trip generation data shall be in the
ITE format. Traffic generation shall include the amount of traffic
to be generated for the projected twenty-four-hour period and during
the peak hour trip generation by the proposed project.
(f)
Future build traffic volumes. Future background traffic volumes
shall be surcharged by adding the traffic volumes that are to be generated
by the proposed development to future background traffic volumes.
(g)
Traffic analysis.
[1]
Capacity analysis. Roadways and intersections shall be analyzed
using a capacity analysis. The capacity analysis will utilize the
latest approved highway capacity programs. Traffic shall be analyzed
for the existing traffic conditions, future traffic conditions, and
future build traffic conditions. Traffic analysis shall optimize traffic
signals so that the existing traffic conditions show traffic conditions
as they exist and with the optimization of traffic signal timing.
The future background traffic conditions shall require the optimization
of the traffic on the roadways. Future traffic shall be added and
the traffic signal timings shall be optimized for a final product.
[2]
Accident analysis. Accident data of critical intersections and
roadways shall be analyzed.
[3]
Speed and delay analysis. Speed and delay analysis of critical
roadways shall be provided.
[4]
Gap analysis. Gap studies of critical intersections shall be
provided.
(h)
Safety analysis. Analysis shall be made of all entrances and
exits to determine if left-turn lanes are warranted in accordance
with Highway Research Record 211. In addition, deceleration and acceleration
lanes shall be analyzed to determine if they are needed.
(2)
Off-tract contributions. The developer/applicant's traffic consultant
shall provide a trip distribution that will distribute traffic to
the surrounding roadway system. All intersections that have over 25
p.m. peak hour trips shall be tabulated and listed with the amount
of traffic from the proposed development and the total build traffic
at that location. The developer/applicant's engineer shall show the
percent of the p.m. traffic that the applicant's traffic will be of
the future build traffic at each intersection by approach. If improvements
are required on one approach of an intersection only, as a result
of a significant impact from the development, defined as an approach
where the majority of traffic on the approach (further defined as
over 50% of the total traffic build) caused the need for the proposed
improvement on that approach to maintain an adequate level of service,
the developer/applicant's pro rata share of the intersection improvements
shall be calculated as set forth below:
(a)
If the required improvements to accommodate the proposed development
do not exist, or the existing system does not have adequate capacity
to accommodate the anticipated volumes as set forth in the study,
the pro rata share shall be the larger of:
[1]
The partial cost of a shared improvement where none exists:
|
Total cost of improvement
|
Capacity of improvement (peak hour volume)
| |
|---|---|---|
|
Developer/applicant's cost
|
=
|
Development traffic to be accommodated by the enlargement or
improvement (peak hour volume); or
|
[2]
The total cost of an improvement designed to accommodate only
the development traffic volume if such an alternative is technically
possible; or
[3]
The full cost to upgrade an existing facility or improvement
where said facility or improvement has either insufficient capacity
or is otherwise inadequate to service the needs of the developer/applicant,
but is adequate to service the needs of present users.
E.
Off-tract drainage improvements. The applicant's proportionate share
of stormwater and drainage improvements, including the installation,
relocation and replacement of storm drains, bridges, culverts, catch
basins, manholes, rip-rap, detention or retention basins, improved
drainage ditches and appurtenances thereto, and relocation or replacement
of other storm drainage facilities or appurtenances associated therewith,
shall be determined as follows:
(1)
The capacity and the design of the drainage to accommodate stormwater
runoff shall be based on standards set forth in the Township's Land
Subdivision or Zoning Ordinance,[1] computed by the developer/applicant's engineer and approved
by the Township Planning Board's Engineer and/or the Township's Engineer.
(2)
The capacity of the enlarged, extended or improved system required
for the subdivision and areas outside of the developer/applicant's
tributary to the drainage system shall be determined by the developer/applicant's
engineer, subject to the approval of the Board's and/or Township's
Engineer. The plans for the improved system may be prepared by the
developer/applicant's engineer or the Board's or Township's Engineer,
at the developer/applicant's expense, and the estimated cost of the
enlarged system shall be calculated by the Board's and/or Township's
Engineer.
(3)
If the required improvements do not exist, or if the existing system
does not have adequate capacity to accommodate reasonably anticipated
volumes, the pro rata share shall be the larger of:
(a)
The partial cost of the shared improvement where none now exists:
|
Total cost of improvement
|
Capacity of improvement (cfs—peak 25-year storm)
| |
|---|---|---|
|
Developer/applicant's cost
|
=
|
Development-generated peak runoff to be accommodated by the
enlargement or improvement (cfs—peak 25-year storm); or
|
(b)
The total cost of an improvement designed to accommodate only
the development flow, if such an alternative is technically possible;
or
(c)
The full cost to upgrade an existing facility or improvement
where said facility or improvement has either insufficient capacity
or is otherwise inadequate to service the needs of the developer/applicant,
but is adequate to service the needs of the present users.
F.
Off-tract sewer improvements.
(1)
The capacity and design of sanitary sewer systems shall be based
on "Rules and Regulations for the Preparation and Submission for Sewerage
Systems," New Jersey Department of Environmental Protection, as well
as any and all other design and specifications standards as may be
set forth by the Township of Harrison and/or its professionals responsible
for approval and oversight of such systems.
(2)
The developer/applicant shall be responsible for the entire cost
of any off-tract improvements for sanitary sewer systems, including
distributions facilities, the installation, relocation or replacement
of collector, trunk and interceptor sewers, and the installation,
relocation or replacement of other appurtenances associated therewith,
that are necessary as a direct result of the proposed development.
This shall apply both to the need for any new systems, facilities,
appurtenances, etc., as well as the cost to upgrade an existing facility
or improvement where said facility or improvement has either insufficient
capacity or is otherwise inadequate to service the ends of the developer/applicant's
proposed development, but is adequate to service the needs of the
present users.
(3)
In the event that a new system and/or facilities or appurtenances
associated therewith is/are necessary where none now exists, but said
new system, and/or facilities or appurtenances associated therewith
will be shared with other users who do not now benefit from the same,
the developer/applicant's partial cost of said shared improvement
shall be as follows:
|
Total cost of improvement
|
Capacity of improvement (gallons per day — "GPD")
| |
|---|---|---|
|
Developer/applicant's cost
|
=
|
Development-generated design flow to be accommodated by the
improvement ("GPD")
|
G.
Off-tract recreational improvements.
(1)
In determining the need for recreational facilities to achieve a quality of life that is essential to the health, safety and general welfare of its citizens, the Township of Harrison herein has previously adopted community-wide standards for parks, open space and recreational facilities. The cost of off-tract recreational fees in lieu of either providing no, or only partial, on-site recreational facilities, land and amenities, including the Township's operational and maintenance capabilities regarding the recreational sites and facilities, shall be calculated based on the standards and methodology set forth in § 192-31, entitled "Recreation and open space."
(2)
If, at the Township's request or approval, a developer/applicant
is to partially fulfill the recreation requirements set forth above,
the cost of the provided land and/or improvements will be calculated
and subtracted from the estimated total contribution. The remaining
sum will be the required recreation fee.
H.
Costs included. The cost of all off-tract acquisition of lands and/or
improvements as contained in this chapter shall be construed to encompass
all costs, including, but not limited to, planning, feasibility studies,
surveys, property and easement acquisition, design, equipment/facilities,
and construction. Such costs shall also include all legal, accounting,
surveying, engineering, and other professional costs directly associated
with the improvement(s) contemplated. Such costs may still further
include the cost of eminent domain proceedings, reasonable contingencies,
and costs of financing during construction. All such costs shall be
calculated and set forth, as a condition of approval, when preliminary
major subdivision or site plan approval is granted.
I.
Funding of improvements. Where the proposed off-tract improvement(s)
are to be undertaken at a future date, the monies required for the
improvement shall be paid prior to the signing of the final plans
or plat by the Board Chair, Board Secretary and Township Clerk, except
in the case of fees paid for off-tract open space and/or recreational
land and improvements, in which case said fees shall be paid on a
per-unit basis at such time as each certificate of occupancy ("C.O.")
is issued within the affected development. Said funds shall be deposited
in an interest-bearing account to the credit of the Township in a
separate account, until such time as the improvement(s) is/are constructed.
If off-tract improvements for water, roadway, signalization, drainage,
or sewer improvements, or recreational improvements or the purchase
of land for open space or recreational needs are not begun within
10 years from the date of the final certificate of occupancy being
issued to the developer/applicant (or 15 years in the case of open
space or recreational improvements/land acquisition), then and in
any such event all monies and interest shall be returned to the developer/applicant.
Where developer contributions are made for open space acquisition
or the purchase of recreational land and/or improvements, such funds
shall be placed in a dedicated account for such purposes, and can
be used for no other purposes.
