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Township of Harrison, NJ
Gloucester County
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Table of Contents
Table of Contents
[Added 12-27-1979 by Ord. No. 4-1979]
This chapter shall be known as and may be cited as the "Harrison Township Zoning Ordinance of 1978."
A. 
These zoning controls are enacted for the following purposes:
[Amended 5-4-1981 by Ord. No. 1-1981]
(1) 
To promote the health, morals, and general welfare of the inhabitants of the Township of Harrison;
(2) 
To lessen congestion in the streets;
(3) 
To secure safety from fires, panic and other dangers;
(4) 
To provide adequate light and air;
(5) 
To prevent the overcrowding of land or buildings;
(6) 
To avoid undue concentration of population;
(7) 
To conserve the value of property and encourage use of land; and
(8) 
To assure the right to farm all land everywhere in the Township as a permitted use, without regard to specified uses or prohibited uses for any zone or district hereinafter created or defined by this chapter, subject only to restrictions set forth in § 225-133 of this chapter.
B. 
From and after the effective date of this chapter the use of all land and every building or portion of a building erected, altered with respect to height and area, added to, or relocated, and every use, within a building or use accessory thereto, in the Township of Harrison shall be in conformity with the provisions of these zoning controls. Any existing building or structure and any existing use of a building or land at the time of the adoption of these zoning controls and not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming buildings or uses.
C. 
In interpreting and applying the provisions of these zoning controls, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of these zoning controls impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of these zoning controls shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than these zoning controls, the provisions of such statute, other ordinance or regulation shall be controlling.
D. 
These controls shall be known and may be cited as the "Harrison Township Zoning Controls."
A. 
For the purposes of these zoning controls any words used in the present tense include the future. The singular number includes the plural and the plural, the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "occupied" includes the phrase "intended to be occupied"; the word "use" includes the phrase "intended to be used"; and the word "shall" is always mandatory.
B. 
Certain words, terms and phrases used in these zoning controls are defined as follows:
ACCESSORY BUILDING
A subordinate building, detached from but located on the same lot as the principal building, the use of which is incidental and accessory to that of the principal building.
[Amended 7-18-1990 by Ord. No. 18-1990]
ACCESSORY USE
A use of land or building or portion thereof customarily incidental and subordinate to the principal use of the land or building, located on the same lot with the principal use.
[Amended 7-18-1990 by Ord. No. 18-1990]
ACRE
A gross acre consisting of 43,560 square feet.
ADULT ENTERTAINMENT
An establishment consisting of, including or having the characteristics of any of the following:
[Added 11-17-2008 by Ord. No. 34-2008]
(1) 
ADULT BOOKSTORE AND NOVELTY SHOPAn establishment having as a primary, substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, novelties, notions, materials, supplies or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
(2) 
ADULT CABARETAn establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas. Also a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.
(3) 
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
AISLE
The traveled way by which cars enter and depart parking spaces.
[Added 7-18-1990 by Ord. No. 18-1990]
ALLEY
A minor way, which may or may not be legally dedicated, and is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
ALTERATIONS
As applied to a building or other structure, a change or rearrangement to the structural parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by moves from one location or position to another.
[1]
AMUSEMENT
Establishments engaged in providing entertainment for a fee and including such acts as dance halls, studios, theatrical productions, bands, orchestras, and other musical entertainments, bowling alleys, rings, rinks, public golf courses, sports and health clubs, and swimming pools.
[Added 11-17-2008 by Ord. No. 34-2008]
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents and fees required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to § 25 or § 27 of P.L.1975, c.291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36) and as required by the Harrison Township land development review checklist.
[Added 4-4-2011 by Ord. No. 13-2011]
AS-BUILT PLAN
A document in plan form that depicts the location and elevations of buildings and utilities after installation and the finished grades of the land in order to ensure substantial compliance with final plans as approved by the approving or regulating authority.
[Added 11-16-1992 by Ord. No. 19-1992]
AUTOMOBILE
A self-propelled free-moving vehicle, with four or more wheels, primarily for conveyance on a street or roadway.
[Added 7-18-1990 by Ord. No. 18-1990]
AUTOMOBILE GRAVEYARD
A junkyard whose primary contents consist of motorized vehicles.
[Added 6-15-1992 by Ord. No. 10-1992]
AUTOMOBILE SALES
The use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.
[Added 7-18-1990 by Ord. No. 18-1990]
AUTOMOBILE SERVICE STATION
Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of vehicular fuels, minor mechanical repair of automobiles, and the retail sale or installation of minor automobile parts and accessories such as lubricants, tires, batteries, spark plugs, fan belts, shock absorbers, brakes, and mufflers within enclosed service bays or stalls. Automobile service stations shall not include premises where heavy automobile maintenance activities are conducted. See "automobile repair business."
[Added 7-18-1990 by Ord. No. 18-1990]
AUTOMOBILE SPECIALTY BUSINESS
Any building, land area, or other premises, or portion thereof, used or intended to be used for the performance of routine maintenance on automobiles when enclosed within a building and which business shall not include the retail dispensing or sale of vehicular fuels. This use includes such businesses as brake shops, muffler shops, lubrication shops, detailing shops, and tune-up centers, but shall not include any establishment engaging in major automobile or truck repair functions such as body repair or painting, welding, frame straightening, tire recapping or vulcanizing, or the storage of wrecked vehicles.
[Added 7-18-1990 by Ord. No. 18-1990]
AUTOMOBILE REPAIR BUSINESS
Any building, land area, or other premises, or portion thereof, used or intended to be used for the performance of minor or major mechanical repairs on automobiles or trucks, or other repairs including such activities as major engine overhauls, body repairs, automobile painting, welding, frame straightening, tire recapping or vulcanizing, but not the storage of wrecked vehicles other than those stored temporarily while awaiting repair.
[Added 7-18-1990 by Ord. No. 18-1990]
AUTOMOBILE WASH
Any building or premises or portions thereof used for washing automobiles.
[Added 7-18-1990 by Ord. No. 18-1990]
BERM
A mound of earth, at least three fee in height, which is used to shield and screen areas from view or to control the direction of water. All berms over 3 1/2 feet in height shall have a clay core.
[Added 7-18-1990 by Ord. No. 18-1990; amended 3-6-2006 by Ord. No. 4-2006; 5-1-2006 by Ord. No. 14-2006]
BLOCK
A tract of land bounded by:
(1) 
Streets, and/or
(2) 
Public park, and/or
(3) 
Railroad right-of-way, excluding siding and spurs, and/or
(4) 
Corporate boundary lines of the Township.[2]
BUFFER
A landscaped strip of land planted with trees, shrubs, grass or other ground cover material and which is designed to visually separate one use from another, or from a street. Buffers also serve to shield or block noise, lights, and other nuisances.
[Added 7-18-1990 by Ord. No. 18-1990]
BUILDING
Any structure which has enclosing walls, floor, and roof, is affixed to the land and has one or more floors or stories. A building shall not include such structures as billboards, signs, fences, or structures with interior surfaces not normally accessible to human use, such as gas tanks, or similar structures. A building may be used for agricultural, commercial, industrial, public, institutional, or residential purposes.
BUILDING COVERAGE
The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot, divided by the net site area of the lot and expressed as a percentage.
[Added 7-18-1990 by Ord. No. 18-1990]
BUILDING LENGTH
The distance measured end wall to end wall along the building center line.
BULK
The volume of a building.
BUILDING HEIGHT
The vertical distance measured from the average level of finished grade along all the exterior walls of a building to the highest point of the roof.
BUILDING LINE
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In the case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
CANOPY
A roof-like cover, open to the elements on all four sides, which is used to protect outdoor equipment such as gasoline pumps.
[Added 7-18-1990 by Ord. No. 18-1990]
CARGO CONTAINER
Any portable, reusable storage container box, semi-truck box or trailer, railcar box or container, sea cargo box or any other containers or box designed or used for the transportation of goods and materials by sea, air or land. This definition shall include containers with or without wheels, with or without a separate chassis and/or with or without an attached running gear and primarily designed or used for transporting freight by commercial transportation.
[Added 8-20-2012 by Ord. No. 36-2012]
CHANGE OF USE
Any use which is not substantially the same as the previous use of a building or land.
[Added 7-18-1990 by Ord. No. 18-1990]
CLUSTER
The orientation of buildings and lots on a site so as to be grouped close together and thereby increasing the amount of site area to be used as open space.
COLLECTOR SURFACE
Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. "Collector surface" does not include frames, support and mounting hardware.
[Added 4-18-2011 by Ord. No. 16-2011]
COMBINED PLANNING BOARD
The combined Planning Board of the Township of Harrison.
[Added 3-5-2012 by Ord. No. 16-2012]
COMMERCIAL USE
Any activity carried out for pecuniary gain.
[Added 7-18-1990 by Ord. No. 18-1990]
COMMERCIAL VEHICLE
Any motor vehicle licensed by the state as a commercial vehicle.
[Added 7-18-1990 by Ord. No. 18-1990]
COMMITTEE
The Township Committee of the Township of Harrison, said organization being the elected governing body of the municipality.
[Added 7-18-1990 by Ord. No. 18-1990]
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETENESS
A determination as to whether an application for subdivision or site plan approval contains all information required by Chapter 192, Subdivision of Land, or Chapter 174, Site Plan, Major, or Chapter 176, Site Plan, Minor, and contained on the checklist provided to the applicant.
[Added 7-18-1990 by Ord. No. 18-1990]
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this chapter, and upon the issuance of an authorization therefor by the Planning Board.
[Amended 7-18-1990 by Ord. No. 18-1990]
CONVENIENCE STORE
Any retail establishment offering for sale prepackaged food products, sandwiches and other freshly prepared foods such as beverages, salads, tobacco products, toiletries, candy, ice cream, newspapers and magazines, motor oil, windshield washer fluid, radiator fluid, maps and the sale of other household items and goods commonly associated with such an establishment which is designed to service the convenience of the motoring public for off-site consumption or use.
[Added 7-18-1990 by Ord. No. 18-1990; amended 4-19-2010 by Ord. No. 06-2010]
DENSITY
The number of families, households, or dwelling units, per acre of land. Unless otherwise specified, all densities in this chapter shall be calculated on the basis of net density, and the calculation shall be the proposed number of dwelling units divided by the developable land area, as defined herein, and rounded up to the next highest whole number.
[Added 7-18-1990 by Ord. No. 18-1990; amended 3-7-2005 by Ord. No. 4-2005]
DETENTION BASIN
A man-made impoundment designed to temporarily store stormwater and to control its release by means of an engineered outlet structure.
[Added 11-16-1992 by Ord. No. 19-1992]
DEVELOPABLE LAND AREA
That portion of a tract of land which is suitable for development or construction of a building. The developable land area of a tract excludes the area of floodplains, wetlands, open water areas, slopes in excess of 20%, and the rights-of-way of any existing or proposed public streets. Where proposed street rights-of-way are unknown, they shall be assumed to account for 15% of the remaining developable land in conventional developments and 10% of the remaining developable land in cluster and PUD developments.
[Added 7-18-1990 by Ord. No. 18-1990]
DISTRICT
A part, zone or geographic area within the municipality within which certain zoning or development regulations apply.
[Added 7-18-1990 by Ord. No. 18-1990]
DRIVEWAY
A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
[Added 7-18-1990 by Ord. No. 18-1990]
DWELLING
A building or part of a building constructed for or intended for occupancy as a residence or combined residential or other uses, containing one or more dwelling units. Trailers or camp cars as defined herein shall not be considered as buildings or dwelling with the scope of this chapter. Dwellings may include but not be limited to the following types, not considering ownership or leasing arrangements:
(1) 
SINGLE-FAMILY DWELLINGA freestanding residential building having direct entrance from the outside to each dwelling unit, and may be further distinguished as:
(a) 
SINGLE-FAMILY DETACHEDA building of one dwelling unit constructed on one lot, and having yard area on all sides of the dwelling unit.
(b) 
SINGLE-FAMILY ATTACHEDA building of more than one dwelling unit constructed to be a:
[1] 
TWO-FAMILY UNITOf two dwelling units on one lot, attached side by side or ceiling to floor, having one wall or floor in common, with yard area on at least three sides of each dwelling unit; or a
[2] 
DUPLEXOf two dwelling units on two adjacent lots, attached side by side, having one common wall, with yard area on at least three sides of each dwelling unit; or a
[3] 
MULTIPLEXOf three or more dwelling units on one lot or adjacent lots, attached side by side, back to back or side to back so that at least two intersecting exterior walls of each unit remain unattached, having one or more common walls, with yard area on at least two sides of each dwelling unit; or a
[4] 
TOWNHOUSEOf three or more dwelling units on one lot or adjacent lots, attached side by side so that each unit has one or two common walls and at least two exterior walls, with yard area on at least two sides of each dwelling unit.
(2) 
MULTIFAMILY DWELLINGA freestanding residential building of three or more dwelling units, with common walls and floors, constructed on one lot or adjacent lots, having an indirect entrance from the outside to each dwelling unit, and, having yard area as common to all dwelling units. Multifamily dwellings are further distinguished as:
(3) 
GARDEN APARTMENTSA building no more than two stories in height from ground level, or
(4) 
MID-RISE APARTMENTSA building of three or more stories in height from ground level.
(5) 
DWELLINGS COMBINED WITH OTHER USESA building designed for multifamily dwellings combined with other uses such as commercial operations or as part of a hotel facility. Dwellings combined with other uses are to be distinguished from those which are accessory uses as described above.
DWELLING UNIT
That part of a dwelling designed for use by one family only and containing one or more rooms and facilities for living, including cooking, sleeping, storage of possessions, and sanitary needs. (Units designed for transient occupancy such as hotels, motels, tourist homes; or for sleeping and sanitary needs only, such as a club, rooming house, fraternity, or institutional home, are not considered as dwelling units, for purposes of this chapter.)
EFFLUENT
A discharge of pollutants, with or without treatment, into the environment.
[Added 7-18-1990 by Ord. No. 18-1990]
EGRESS
An exit.
[Added 7-18-1990 by Ord. No. 18-1990]
EMISSION
A discharge of pollutants into the air.
[Added 7-18-1990 by Ord. No. 18-1990]
ENVIRONMENTAL ASSESSMENT
A written report which analyzes the effect of development upon the environment.
[Added 7-18-1990 by Ord. No. 18-1990]
ENVIRONMENTAL COMMISSION
The Harrison Township Environmental Commission.[3]
[Added 7-18-1990 by Ord. No. 18-1990]
ENVIRONMENTAL CONSTRAINTS
Features, natural resources, or land characteristics that are sensitive to improvements and which may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or which may limit the amount of development which is possible.
[Added 7-18-1990 by Ord. No. 18-1990]
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, and gravity.
[Added 7-18-1990 by Ord. No. 18-1990]
EXISTING USE
The use of a lot or structure at the time of the enactment of a zoning ordinance.
[Added 7-18-1990 by Ord. No. 18-1990]
FACADE
The total wall surface, including door and window area of the building's principal face. In the case of the corner building which fronts on more than one street, only one face shall be used to calculate the facade area.
FAMILY
A single individual, doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond.
[4]
FINAL APPROVAL
The last official action of the Planning Board taken on a preliminarily approved subdivision or site plan, after all conditions and requirement have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval has been conditioned upon the posting of such guarantees.
[Added 7-18-1990 by Ord. No. 18-1990]
FINAL PLAT
The plan for a subdivision or site plan which is presented for final approval.
[Added 7-18-1990 by Ord. No. 18-1990]
FLOOD FRINGE AREA
That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.
[Added 7-18-1990 by Ord. No. 18-1990]
FLOODPLAIN
The channel and the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater.
[Added 7-18-1990 by Ord. No. 18-1990]
FLOODWAY
The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.
[Added 7-18-1990 by Ord. No. 18-1990]
FLOOR AREA
The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls, or from the center line of walls separating two buildings.
(1) 
In all cases, the floor area of a building shall include:
(a) 
Basement space.
(b) 
Elevator shafts and stairwells at each floor.
(c) 
Floor space used for mechanical equipment, with structural headroom of seven feet, six inches or more.
(d) 
Penthouses.
(e) 
Attic space (whether or not a floor has actually been laid) providing structural headroom of seven feet, six inches or more.
(f) 
Interior balconies or mezzanines.
(g) 
Enclosed porches.
(h) 
Accessory uses, not including space used for accessory off-street parking.
(2) 
However, the floor area of a building shall not include:
(a) 
Elevator and stair bulkheads, accessory water tanks and cooling towers which project above a main roofline.
(b) 
Uncovered steps.
(c) 
Terraces, breezeways and open spaces.
(d) 
Accessory off-street loading berths, up to 200% of the amount required by the scheduled requirements.
FRONTAGE or FRONT
That side of a lot abutting on a street and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side line of a corner lot. For the purpose of determining yard, setback, and street frontage requirements on corner lots, all sides of a lot adjacent to streets shall be considered the front of a lot.
[Added 7-18-1990 by Ord. No. 18-1990]
GARAGE
A building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.[5]
[Added 7-18-1990 by Ord. No. 18-1990]
GARAGE, PRIVATE
A building or other structure which may be attached to and/or detached from the principal dwelling and is designed for the housing of automobiles.
[Amended 7-18-1990 by Ord. No. 18-1990; 3-5-2012 by Ord. No. 2-2012]
GARAGE, PUBLIC
Any building or premises, other than a gasoline station or an automobile service station, used for housing, storage or care of more than four automobiles, or where any such automobiles are kept for remuneration or hire.
[Amended 7-18-1990 by Ord. No. 18-1990]
GARAGE, REPAIR
See "automobile repair business."
[Added 7-18-1990 by Ord. No. 18-1990]
GASOLINE STATION
Any building, land area, or other premises used or intended to be used for the retail dispensing or sale of vehicular fuels, and which may include the retail sale of but not provision for the installation of lubricants, cleaning and polishing materials, and similar minor automotive accessories. (See "automobile service station" for the definition of a business which may sell vehicular fuel and provide on-site facilities for minor repairs to automobiles).
[Added 7-18-1990 by Ord. No. 18-1990]
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close to its source by:
[Added 7-18-2022 by Ord. No. 18-2022]
(1) 
Treating stormwater runoff through infiltration into subsoil;
(2) 
Treating stormwater runoff through filtration by vegetation or soil; or
(3) 
Storing stormwater runoff for reuse.
GROSS SITE AREA
The total land and water surface area contained in a site.
[Added 7-18-1990 by Ord. No. 18-1990]
HABITABLE SPACE
A space in a structure which is used for living, sleeping, eating, cooking, etc.; does not include basements, attics, patios, porches, garages, etc. A habitable space must have a clear height from finished floor to finished ceiling of not less than 7 1/2 feet. A habitable room must have a minimum area of 70 square feet between enclosing walls, exclusive of closet space. A habitable space which is partly below and partly above grade must have at least 1/2 its height above grade. The grade is a reference line representing the average of finished ground level adjoining the building at all exterior walls. Spaces under sloping roofs must be at least five feet in height to be considered habitable space.
[6]
HEIGHT
The vertical distance of a structure measured from the average elevation of the finished grade to the highest point on the structure, but excluding cupolas, belfries, steeples, or other unoccupied ornamental structures and excluding utility uses such as transmission towers and water tanks.
[Added 6-15-1992 by Ord. No. 10-1992]
HISTORIC SITE
A building, structure, or place of outstanding historical and cultural significance and designated as such, by local, county, state and/or federal governments.
[Added 7-18-1990 by Ord. No. 18-1990]
HOME OCCUPATION
A lawful occupation constituting, either partially or fully, the livelihood of a person, which is conducted in that person's principal residence as an accessory use. Home occupations are permitted conditionally only when they conform to the specific standards of this chapter.
[Amended 7-18-1990 by Ord. No. 18-1990]
HOTEL
An establishment offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities.
[Added 6-15-1992 by Ord. No. 10-1992]
IMPERVIOUS COVERAGE
The area of all portions of a lot, site or tract which are covered by impervious surface, divided by the net site area of the lot, site or tract and expressed as a percentage.
[Added 7-18-1990 by Ord. No. 18-1990; amended 7-18-2022 by Ord. No. 18-2022]
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
[Added 7-18-1990 by Ord. No. 18-1990; amended 7-18-2022 by Ord. No. 18-2022]
INCLUSIONARY DEVELOPMENT
A residential development in which at least 15% of the units are reserved for low-income households, and at least 7 1/2% are reserved for moderate-income households as defined by the New Jersey Council on Affordable Housing under the Fair Housing Act of 1985, Public Law 1985,[7] and as may have been amended, and as further defined by regulations promulgated by the New Jersey Council on Affordable Housing.
[Added 11-3-1997 by Ord. No. 21-1997]
INGRESS
Access or entry.
[Added 7-18-1990 by Ord. No. 18-1990]
ISLAND
In street design, a raised area, usually curbed, which is placed to guide traffic, separate lanes, or used for landscaping, signage, or lighting.
[Added 7-18-1990 by Ord. No. 18-1990]
ITE
Institute of Traffic Engineers.
[Added 7-18-1990 by Ord. No. 18-1990]
JUNKYARD
Any area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
LAND DISTURBANCE
Any activity involving the demolition, clearing, grubbing, excavating, filling, grading, milling, paving, or any other activity which will affect ground cover, slopes and/or grade elevations to the existing ground cover surfaces including impervious coverage.
[Added 7-18-2022 by Ord. No. 18-2022]
LAND USE
A description of how land is occupied or utilized.
[Added 7-18-1990 by Ord. No. 18-1990]
LAND USE PLAN
That portion of the Harrison Township Master Plan which shows the existing and proposed location, extent and intensity of development of land to be used now or in the future for varying types of residential, commercial, industrial, institutional and other public and private purposes or combination of purposes.
[Added 7-18-1990 by Ord. No. 18-1990]
LOT
A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.
[Amended 7-18-1990 by Ord. No. 18-1990]
LOT AREA
The total area within the lot lines of a lot, exclusive of any area within a street right-of-way.
[Added 7-18-1990 by Ord. No. 18-1990]
LOT, CORNER
A lot bounded on at least two sides by streets, whenever the lines of such streets, extended, form an interior angle of 135º or less.
[Amended 6-15-1992 by Ord. No. 10-1992]
LOT COVERAGE
See "impervious coverage."
[Amended 7-18-1990 by Ord. No. 18-1990; 7-18-2022 by Ord. No. 18-2022]
LOT DEPTH
The distance measured from the front lot line to the rear lot line on the axis of the lot. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.
[Added 7-18-1990 by Ord. No. 18-1990]
LOT FRONTAGE
See "street frontage."
[Added 7-18-1990 by Ord. No. 18-1990]
LOT LINE, FRONT
The line separating the lot from the street, along the legal right-of-way of the street.
LOT LINE, REAR
Any lot line, except a front lot line, which is parallel to, or within 45º of being parallel to, and does not intersect any street line. In the case of a corner lot, the owner or developer may make a different designation. See definition of "lot, corner" for requirements.
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot line. In the case of a corner lot, the owner or developer may make a different designation. See definition of "lot, corner" for requirements.
[8]
LOT, MINIMUM AREA OF
The smallest lot area established by this chapter on which a use or structure may be located in a particular district.
[Added 7-18-1990 by Ord. No. 18-1990]
LOT WIDTH
The length of a line at right angles to the axis of the lot at a distance equal to the minimum required building setback line for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.
[Amended 7-18-1990 by Ord. No. 18-1990]
MASTER PLAN
A comprehensive long-range plan of Harrison Township intended to guide the growth and development of the Township which includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and land use.
[Amended 7-18-1990 by Ord. No. 18-1990]
MEDICAL MARIJUANA ACADEMIC CLINICAL RESEARCH CENTERS
An accredited medical school within the State of New Jersey that operates or partners with an acute care hospital licensed within the state for the purposes of conducting medical marijuana research on patient health and safety, medical applications and/or the dispensing and management of controlled substances. Academic clinical research centers must comply with all New Jersey state laws regulating clinical research for medical marijuana.
[Added 12-19-2018 by Ord. No. 42-2018]
MEDICAL MARIJUANA DISPENSARY
An alternative treatment center (ATC) licensed to operate by the Department of Health of the State of New Jersey that dispenses to registered qualifying patients usable medical marijuana and related paraphernalia in accordance with the provisions of the New Jersey Compassionate Use Medical Marijuana Act.[9] The dispensary shall be a secured, enclosed facility. Retail sale of recreational marijuana or related products to the general public is expressly prohibited.
[Added 12-19-2018 by Ord. No. 42-2018]
MEDICAL MARIJUANA INDOOR CULTIVATION FACILITY
An enclosed, locked facility used for the production of marijuana for medical use, which further adheres to Subchapter 10 of N.J.A.C. 8:64, Plant Cultivation Authorized Conduct.
[Added 12-19-2018 by Ord. No. 42-2018]
MEDICAL MARIJUANA PRODUCTION FACILITY
An enclosed, locked facility where medical marijuana is prepared for distribution. The production facility should further adhere to Subchapter 10 of N.J.A.C. 8:64, Plant Cultivation Authorized Conduct, and all medical marijuana should be stored securely in compliance with 21 CFR 1301.72.
[Added 12-19-2018 by Ord. No. 42-2018]
MEDICAL MARIJUANA STORAGE FACILITY
An enclosed, locked facility where medical marijuana which was previously prepared for distribution is stored securely. The storage facility should adhere to Subchapter 10 of N.J.A.C. 8:64, Plant Cultivation Authorized Conduct.
[Added 12-19-2018 by Ord. No. 42-2018]
MEDICAL MARIJUANA TRANSPORT AND DELIVERY VEHICLE OFFICE
Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processors and/or dispensaries.
[Added 12-19-2018 by Ord. No. 42-2018]
METEOROLOGICAL TOWER or MET TOWER
A structure designed to support the gathering of wind energy resource data; includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource as a given location.
[Added 4-18-2011 by Ord. No. 16-2011]
MOBILE HOMES
Any unit designed for use for living or sleeping purposes which is equipped originally with wheels or similar devices used for the purpose of transporting said unit from place to place whether by motive power or other means, and originally constructed, fabricated or built without permanent foundation other than wheels, jacks or skirtings. The substitution of any other permanent foundation for such wheels, jacks or skirtings shall not remove such mobile home from this definition.
MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
MOTEL
An establishment providing transient accommodation with at least 25% of all rooms having direct access to the outside without the necessity of passing through a main lobby of the building.
[Added 6-15-1992 by Ord. No. 10-1992]
NET METERING
A system of metering electricity in which the electric distribution company credits a customer-generator for each kilowatt-hour produced by a Class I renewable energy system (i.e., solar, wind energy and biomass) installed on the customer-generator's side of the electric revenue meter, up to the total amount of electricity used by that customer during an annualized period, and compensates the customer-generator at the end of the annualized period for any remaining credits, at a rate equal to the supplier/provider's avoided cost of wholesale power. Net metering is regulated pursuant to Subsection e of N.J.S.A. 48:3-87.
[Added 4-18-2011 by Ord. No. 16-2011]
NET SITE AREA
The land area remaining on a lot, site, or tract of land after the area of all watercourses, ponds or lakes, floodplains, wetlands, and street rights-of-way are subtracted from the gross site area.
[Added 7-18-1990 by Ord. No. 18-1990]
NONCONFORMING BUILDING
A building existing at the date of the passage of these zoning controls which in its design or location upon a lot does not conform to the regulations of these zoning controls for the zone in which it is located.
NONCONFORMING LOT
A lot record existing at the date of the passage of these zoning controls which does not have the minimum width or contain the minimum area for the zone in which it is located.
NONCONFORMING USE
Use of a building or of land existing at the date of the passage of these zoning controls that does not conform to the regulations of the zone in which it is located.
NUISANCE
An interference with the enjoyment and use of property.
[Added 7-18-1990 by Ord. No. 18-1990]
OFF SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application, or contiguous portion of a street or right-of-way.
[Added 7-18-1990 by Ord. No. 18-1990]
OFF-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
[Added 7-18-1990 by Ord. No. 18-1990]
OFF TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
[Added 7-18-1990 by Ord. No. 18-1990]
ON SITE
Located on the lot that is the subject of an application for development.
[Added 7-18-1990 by Ord. No. 18-1990]
ON TRACT
Located on a property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
[Added 7-18-1990 by Ord. No. 18-1990]
OPEN SPACE
An area designated as open space, but not including buffer areas, within which no parking, vehicle circulation, facilities, or structures except those pertinent to the use of the area as open space or recreational areas, are contained. Open space is further defined as:
(1) 
PUBLICAreas open to the public at large.
(2) 
COMMONAreas intended for the common use of the property residents and guests only.
(3) 
PRIVATEAreas adjacent to buildings, dwelling units or utilization units and intended for the use of the inhabitants therein and their guests only.
(4) 
RECREATIONALAreas within common open space designated for active recreational use and recreational facilities.
OUTDOOR STORAGE
The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
[Added 7-18-1990 by Ord. No. 18-1990]
OUTLET STRUCTURE
An active component of a stormwater discharge system, exclusive of any emergency discharge structures.
[Added 11-16-1992 by Ord. No. 19-1992]
PARCEL
A lot or tract of land.
[Added 7-18-1990 by Ord. No. 18-1990]
PARKING AREA
Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
[Added 7-18-1990 by Ord. No. 18-1990]
PARKING LOT
An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles. See definitions of "garage" and "parking area."
[Added 7-18-1990 by Ord. No. 18-1990]
PAWN SHOP
An establishment wherein the business of a pawnbroker is conducted. A pawnbroker shall be any person who lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness; or, who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price. A pawn shop will not be deemed a retail sales establishment except for the purposes of determining adequate off street parking and transitional screening and barrier requirements.
[Added 6-18-2012 by Ord. No. 32-2012]
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
[Added 7-18-1990 by Ord. No. 18-1990]
PERVIOUS SURFACE
A surface that has not been covered with a layer of material so that it is highly resistant to infiltration by water.
[Added 7-18-1990 by Ord. No. 18-1990; amended 7-18-2022 by Ord. No. 18-2022]
PLANNING BOARD
The duly designated Planning Board of Harrison Township.
[Amended 7-18-1990 by Ord. No. 18-1990]
PLAT
A map or maps of a subdivision or site plan.
[Added 7-18-1990 by Ord. No. 18-1990]
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed to by the Planning Board and the applicant.
[Added 7-18-1990 by Ord. No. 18-1990]
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale, and relationship to its site and immediate environs.
[Added 7-18-1990 by Ord. No. 18-1990]
PRELIMINARY SUBDIVISION OR SITE PLAN PLAT
A map indicating the proposed layout of a development and related information that is submitted for preliminary approvals.
[Added 7-18-1990 by Ord. No. 18-1990]
PRESERVED FARMLAND
Land on which a development easement was conveyed to, or retained by, the State Agricultural Development Committee, a board, or a qualifying tax-exempt nonprofit organization pursuant to the provisions of § 24 of N.J.S.A. 4:1C-31, § 5 of N.J.S.A. 4:1C-31.1, § 1 of N.J.S.A. 4:1C-38, § 1 of N.J.S.A. 4:1C-43.1, §§ 37 through 40 of N.J.S.A. 13:8C-37 through 13:8C-40, or any other state law enacted for farmland preservation purposes.
[Added 4-18-2011 by Ord. No. 16-2011]
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is located.
[Amended 7-18-1990 by Ord. No. 18-1990]
PRINCIPAL USE
The primary or predominate use on a lot.
[Added 7-18-1990 by Ord. No. 18-1990]
PROPERTY LINE
A line or lines used to describe the location and extent of area by metes and bounds, for purposes of ownership. A property line may be the same as the parcel line, site line, building line, dwelling or utilization unit line, or any part or combination of parts thereof. For purposes of this chapter, property lines which are recorded as the center line of a road shall not apply and the property line shall be considered as the road right-of-way line.
PROFESSIONAL OFFICE
The office of a member of a recognized or licensed profession such as the offices of doctors, ministers, architects, engineers, lawyers, and such similar professional occupations which may be so designated by the Combined Planning Board upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein.
[Amended 3-5-2012 by Ord. No. 16-2012]
PUBLIC RECREATION
Recreation activity and service provided by municipal, county, state or federal governments.
PUBLIC UTILITY FACILITIES
Installations necessary for the functions of utility infrastructure, including, but not limited to, sewage pumping stations, electric or telephone substations, wells, or boosting stations, but not to include utility generating facilities.
[Added 6-15-1992 by Ord. No. 10-1992]
PUBLIC WATER and PUBLIC SEWERAGE
Water and sewer systems that serve more than one dwelling or other building; such systems may be either privately or publicly owned and operated.
RENEWABLE ENERGY FACILITY
A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.
[Added 4-18-2011 by Ord. No. 16-2011]
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
[Added 7-18-2022 by Ord. No. 18-2022]
RESTAURANT, DRIVE-THROUGH OR DRIVE-IN
A restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools or bars outside or inside the building for consumption in automobiles parked, or waiting in line on the premises, or purchased while in an automobile, and/or while being served at an exterior window, commonly referred to as a "drive-through," whether brought or delivered to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building.
[Added 11-17-2008 by Ord. No. 34-2008; amended 4-16-2012 by Ord. No. 24-2012]
RESTAURANT or EATING ESTABLISHMENT
An establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics: customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; and/or a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
[Added 11-17-2008 by Ord. No. 34-2008]
RESTAURANT, FULL-SERVICE
Any establishment, however designated, regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of food for its customers and in which alcoholic beverages are sold for consumption on the premises. A full-service restaurant is distinguished from any other type of restaurant by the sale of alcoholic beverages. Full-service restaurants are permitted only in the Planned Village Center Overlay District and must provide full menu service and seating for not less than 150 patrons, with at least 80% of the seating at tables.
[Added 11-17-2008 by Ord. No. 34-2008]
RETAIL SERVICES
Establishments providing services or entertainment, as opposed to products, to the general public.
[Added 7-18-1990 by Ord. No. 18-1990]
RETAIL TRADE
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
[Added 7-18-1990 by Ord. No. 18-1990]
RETENTION BASIN
A man-made impoundment designed to permanently store stormwater with no positive outfall from the facility. A retention basin is an integral part of a stormwater management system and shall not include ponds for irrigation, fire-protection, or ornamental purposes.
[Added 11-16-1992 by Ord. No. 19-1992]
REZONE
To change the zoning classification of particular lots or parcels of land.
[Added 7-18-1990 by Ord. No. 18-1990]
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses.
[Added 7-18-1990 by Ord. No. 18-1990]
RIGHT TO FARM
The permitted use and the right to make use of all land everywhere in the Township for agricultural purposes as defined and set forth in § 225-133 of this chapter without regard to any specified use or prohibited use for any zone or district hereinafter created or defined by this chapter, but subject always to the restrictions set forth in § 225-133 of this chapter.
[Added 5-4-1981 by Ord. No. 1-1981]
ROOF-MOUNTED WIND ENERGY SYSTEM
A wind energy conversion system consisting of vertical axis wind turbine(s) or any other form of wind energy conversion system that can be and is mounted on the roof of a building rather than on a tower.
[Added 4-18-2011 by Ord. No. 16-2011]
ROTOR DIAMETER
The cross sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
[Added 4-18-2011 by Ord. No. 16-2011]
SEMITRAILER
A trailer portion of a truck so designed and used in conjunction with a truck tractor, designed for carrying property and for being drawn by a motor vehicle and so constructed that a considerable part of its own weight or that of its load rests upon and is carried by the truck tractor.
[Added 9-20-2010 by Ord. No. 28-2010]
SERVICE STATION
See "automobile service station."
[Added 7-18-1990 by Ord. No. 18-1990]
SHED
A freestanding accessory structure or building which does not exceed one story and is used primarily for storage purposes, excluding motor vehicles, and not designed to be served by heat, electricity or plumbing. The roof of a shed shall be constructed of a design commonly known as "gable," "hip" or "A-frame," and does not exceed a maximum height of 10 feet.
[Added 8-20-2012 by Ord. No. 36-2012]
SIDEWALK CAFE or OUTDOOR SEATING
An area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public or private right-of-way exclusively for dining, drinking, and pedestrian circulation. The encroachment area of a sidewalk cafe may be separated from the remainder of the sidewalk by railings, fencing or landscaping planter boxes or a combination thereof.
[Added 11-17-2008 by Ord. No. 34-2008]
SIGN
See Article XIII.
SINGLE AND SEPARATE OWNERSHIP
The ownership of property by any person or legal entity which ownership is separate and distinct from that of any adjoining property.
SITE
Any lot or parcel of land or combination of contiguous lots or parcels of land.
[Added 7-18-1990 by Ord. No. 18-1990]
SITE AREA, GROSS
See "gross site area."
[Added 7-18-1990 by Ord. No. 18-1990]
SITE AREA, NET
See "net site area."
[Added 7-18-1990 by Ord. No. 18-1990]
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and, any other information that may be reasonably required in order to make an informed determination pursuant to the review and approval of site plans by the Township Planning Board.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., and technical bulletins issued pursuant to § 2 of N.J.S.A. 40:55D-66.13, and which will be used primarily for onsite consumption. The term does not include electrical distribution or transmission lines or electrical substations. The term is limited to a system that has a nameplate capacity of 10 kilowatts or less, and not withstanding the maximum height promulgated pursuant to the regulations notes above, a total height of less than 120 feet.
[Added 4-18-2011 by Ord. No. 16-2011]
SOLAR COLLECTOR
A device, structure or part of a device or structure in which a substantial purpose is used to transform solar energy into thermal, mechanical, chemical or electrical energy.
[Added 4-18-2011 by Ord. No. 16-2011]
SOLAR ENERGY
Direct radiant energy received from the sun.
[Added 4-18-2011 by Ord. No. 16-2011]
SOLAR PANEL
An accessory structure containing one or more receptive cells or collector devices, the purpose of which is to use solar radiation to create usable electrical energy, hot water or hot air.
[Added 4-18-2011 by Ord. No. 16-2011]
SOLAR ENERGY SYSTEM
One or more solar panels and all associated equipment involved in the conversion of solar radiation to electrical energy, hot water or hot air solely to serve the principal use and other permitted accessory uses of the land on which such system is situated.
[Added 4-18-2011 by Ord. No. 16-2011]
STEEP SLOPE
An area of the Township in which the slope or grade of the land exceeds 20%. This condition must exist for a minimum vertical height of eight feet to qualify as the definition of "steep slope."
[Added 4-2-2007 by Ord. No. 12-2007]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county, or municipal roadway; or which is shown upon a plat approved pursuant to law; or which is approved by other official action as provided by the Municipal Land Use Law; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats; and includes the land between such street lands, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, paving areas and other areas within the street lines.
[Amended 7-18-1990 by Ord. No. 18-1990]
STREET, CENTER LINE OF
The line which is usually at an equal distance from both street lines.
STREET, COLLECTOR
A street which collects traffic from local streets and connects with minor and major arterials and which is designated as such on the adopted Circulation Plan Map of the Master Plan of Harrison Township.
[Added 7-18-1990 by Ord. No. 18-1990]
STREET, CUL-DE-SAC
A street with a single common ingress and egress and with a turnaround at the end.
[Added 7-18-1990 by Ord. No. 18-1990]
STREET, DEAD-END
A street with a single common ingress and egress and without a turnaround at the end.
[Added 7-18-1990 by Ord. No. 18-1990]
STREET FRONTAGE
The length of a front lot line as measured at the existing or proposed street right-of-way line by a straight line connecting the front corners of an existing or proposed lot.
[Added 7-18-1990 by Ord. No. 18-1990]
STREET LINE
See "right-of-way lines."
[Amended 7-18-1990 by Ord. No. 18-1990]
STREET, LOCAL
A street designed to provide direct vehicular access to abutting property and to discourage through traffic.
[Added 7-18-1990 by Ord. No. 18-1990]
STREET, MAJOR ARTERIAL
A street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterials.
[Added 7-18-1990 by Ord. No. 18-1990]
STREET, MINOR ARTERIAL
A street with signals at important intersection and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
[Added 7-18-1990 by Ord. No. 18-1990]
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land, including without limitation buildings, fences, tanks, towers, signs, advertising devices, decks, patios and swimming pools.
[Added 9-7-2004 by Ord. No. 27-2004]
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.
(1) 
The following shall not be considered subdivisions if no new streets are created:
(a) 
Divisions of land found by the Planning Board of a Subdivision Committee thereof to be for agricultural purposes where all resulting parcels are five acres or larger in size;
(b) 
Divisions of property by testamentary or intestate provisions;
(c) 
Divisions of property upon court order; and
(d) 
Conveyances so as to combine existing lots by deed or other instrument.
(2) 
The term "subdivision" shall also include the term "resubdivision."
SYSTEM HEIGHT
The vertical distance above grade of the tower plus the wind generator measured vertically from the ground to the tip of a wind generator blade when the tip is at its highest point.
[Added 4-18-2011 by Ord. No. 16-2011]
TOWER HEIGHT
In relation to a wind energy system, the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.
[Added 4-18-2011 by Ord. No. 16-2011]
TRACT
An area, parcel, site, piece of land, or property which is the subject of a development application.
[Added 7-18-1990 by Ord. No. 18-1990]
USE
The specific purpose for which land or a building is designed, arranged, intended of for which it is or may be occupied or maintained.
USE BY RIGHT
A land use authorized as a "use by right" within the zoning district provisions of this chapter.
VAPOR
The gaseous phase of substances that normally are either liquids or solids at atmospheric temperature and pressure; for example, steam and phenolic compounds.
[Added 7-18-1990 by Ord. No. 18-1990]
VARIANCE
The permission to depart from the literal requirements of this chapter as described in Article XXIII of this chapter.
UTILIZATION UNIT
That part of a building other than dwellings designed for utilization by separate entities of occupancy.
VEHICLE, MOTOR
A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle.
[Added 7-18-1990 by Ord. No. 18-1990]
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any which are adjacent thereto subject to inundation by reason of overflow or floodwater.
[Added 7-18-1990 by Ord. No. 18-1990]
WETLANDS
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; provided, however, that the delineation of the wetland shall use a three-parameter approach involving hydrology, soils, and vegetation which shall be acceptable the the New Jersey Department of Environmental Protection or the United States Army Corps of Engineers, whichever shall have primary jurisdiction.
[Added 7-18-1990 by Ord. No. 18-1990]
WIND GENERATOR
Equipment that converts energy from the wind into electricity: blades, rotor, and associated mechanical and electrical conversion components mounted on top of a wind tower, necessary to generate, store and/or transfer energy.
[Added 4-18-2011 by Ord. No. 16-2011]
WIND TOWER
A monopole, freestanding, or guyed structure that supports a wind generator.
[Added 4-18-2011 by Ord. No. 16-2011]
YARD
An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.
[Amended 7-18-1990 by Ord. No. 18-1990]
YARD, FRONT
A space extending the full width of the lot between any building and the street line, and measured perpendicular to the building at the closest point to the street line. Such front yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter. In the case of a corner lot, each yard with frontage on a street shall be considered a front yard.
[Amended 7-18-1990 by Ord. No. 18-1990]
YARD, REAR
A space extending the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building at the closest point to the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter. In the case of a corner lot, only one rear yard shall be provided, and the applicant may choose which yard is to be considered the rear yard.
[Amended 7-18-1990 by Ord. No. 18-1990]
YARD, SIDE
A space extending from the front yard to the rear yard between the principal building and the side lot line, and measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter. In the case of a corner lot, not more than one side yard shall be provided and the applicant may choose which yard is to be considered the side yard.
[Amended 7-18-1990 by Ord. No. 18-1990[10]]
ZONING DISTRICT
A defined area indicated upon the Zoning Map of Harrison Township subject to the specific regulations prescribed by this chapter.
ZONING MAP
The map or maps, which are a part of the Harrison Township Zoning Ordinance, and delineate the boundaries of zone districts.
[Added 7-18-1990 by Ord. No. 18-1990]
ZONING PERMIT
A document signed by the Zoning Officer which is required by ordinance as a condition precedent to commencement of a use or the change in land cover resulting in the land disturbance area over 1,000 square feet and/or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by action of the appropriate Township agency.
[Amended 8-7-2023 by Ord. No. 14-2023]
[1]
Editor's Note: The definition of "basement" which immediately followed this definition, was deleted 7-18-1990 by Ord. No. 18-1990.
[2]
Editor's Note: The definition of "buffer area" which immediately followed this definition, was deleted 7-18-1990 by Ord. No. 18-1990.
[3]
Editor's Note: See Ch. 20, Environmental Commission.
[4]
Editor's Note: The definition of "filling station" which immediately followed this definition, was deleted 7-18-1990 by Ord. No. 18-1990.
[5]
Editor's Note: The definitions of "garage, private" and "garage, public or commercial," which immediately followed this definition, were deleted 7-18-1990 by Ord. No. 18-1990.
[6]
Editor's Note: The definition of "institution" which immediately followed this definition, was deleted 7-18-1990 by Ord. No. 18-1990.
[7]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
[8]
Editor's Note: The definition of "lot size" which immediately followed this definition, was deleted 7-18-1990 by Ord. No. 18-1990.
[9]
Editor's Note: See N.J.S.A. 24:6I-1 et seq.
[10]
Editor's Note: The former definition of "Zoning Board or Zoning Board of Adjustment," which immediately followed this definition, was repealed 3-5-2012 by Ord. No. 16-2012. See now the definition of "Combined Planning Board."
If the terms of this chapter shall be in conflict with those of another Township ordinance, then the restriction which imposes the greater limitation shall be enforced.
[Amended 7-19-1990 by Ord. No. 16-1990; 8-20-2007 by Ord. No. 33-2007; 5-18-2009 by Ord. No. 12-2009; 10-7-2013 by Ord. No. 35-2013; 5-16-2016 by Ord. No. 7-2016; 12-21-2020 by Ord. No. 30-2020]
The Zoning Map of the Township of Harrison attached hereto and made a part hereof as prepared by Remington and Vernick, entitled "Zoning Map" dated 12-2020, is hereby adopted and shall continue to be known as the "Zoning Map of Harrison Township." Said map and all notations, references and data shown thereon and all modifications, changes, supplements and amendments made thereto by former amending ordinances and by this amending ordinance are hereby incorporated herein by reference, and shall be as much a part of said ordinance as if all were fully described herein.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Amended 5-4-1981 by Ord. No. 1-1981; 6-15-1992 by Ord. No. 10-1992; 8-6-2002 by Ord. No. 32-2002; 8-6-2002 by Ord. No. 33-2002; 11-1-2004 by Ord. No. 35-2004; 3-7-2005 by Ord. No. 2-2005; 8-2-2005 by Ord. No. 17-2005; 7-31-2006 by Ord. No. 20-2006; 8-20-2007 by Ord. No. 33-2007; 4-1-2013 by Ord. No. 12-2013; 5-20-2013 by Ord. No. 20-2013]
For the purpose of regulating land development and uses, the Township is hereby divided into zoning districts which shall be designated as follows:
RR
Rural Residential
R-1
Residence-Agricultural District
R-2
Residence District
R-4
Special Residential District
R-7
Special Residential District
RCD
Residential Conservation Design District
C-1
Village Center District
C-2
General Commercial District
C-4
Flexible Commercial District
C-5
Village Center District
C-6
Flexible Planned Commercial District
C-55
Flexible Planned Industrial-Commercial District
C-56
Flexible Planned Industrial-Commercial District
MSD
Main Street District
PO
Professional Office District
PO-2
Professional Office District
VB
Village Business District
PI
Planned Industrial District
INS
Institutional District
AC
Adult Community Development (Inclusionary)
RF
Right to Farm District
[Amended 6-15-1992 by Ord. No. 10-1992]
A. 
The boundaries of zones shall be as shown on the map attached to and made a part of this chapter as § 225-5, which map shall be known as the "Zoning Map of Harrison Township." Said Map and all notations, references, and data shown thereon are hereby incorporated by reference into this chapter, and shall be as much a part of this chapter as if all were fully described herein.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B. 
Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:
(1) 
Zone boundary lines are intended to follow the center line of the streets, railroad rights-of-way, streams, and lot or property lines as they exist on plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by dimensions shown on the Zoning Map.
(2) 
Where such boundaries are not fixed by dimensions and where they approximately follow lot lines, and where they do not scale more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise. In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing on the map.
A. 
Every principal building or buildings shall be built upon a lot with frontage upon a street.
B. 
Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets.
C. 
When the rear yard of a corner lot adjoins the front yard of a lot to its rear, no accessory buildings on such corner lot shall be located nearer to the street line than a distance equal to the depth of the front yard required along such frontage for the respective zone.
D. 
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
E. 
Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Township of Harrison is contemplated for right-of-way widening, the required front yard area and setback distance shall be measured from such proposed right-of-way line.
F. 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy; nor to bridges, chimneys, ventilators, skylights, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above the roof level.
G. 
Except as modified by prevailing zoning and as set forth in Article XVII, § 225-133, no lot shall contain more than one principal use.
[Added 6-15-1992 by Ord. No. 10-1992; amended 8-6-2002 by Ord. No. 31-2002; 4-21-2003 by Ord. No. 10-2003]