[Added 7-18-1990 by Ord. No. 19-1990]
A.
Application shall be made to the Planning Board before
the issuance of any conditional use permit except as otherwise permitted
in this article.
B.
The applicant shall submit to the Board Secretary
at least 21 days prior to a regularly scheduled Board meeting at which
the applicant is seeking a determination of completeness the following
items:
(1)
Twenty copies of the completed Township application
form.
(2)
The required application fee and applicable escrow
fee.
(3)
A certification from the Tax Collector's office that
no taxes or assessments are due or delinquent on the subject property.
(4)
A certification of corporation or partnership interest
pursuant to N.J.S.A. 40:55D-48.1, if applicable.
(5)
Any other documents as may be reasonably requested
on the application form or by the Board that may be reasonably necessary
in order for the Board to make an informed decision whether the requirements
for approval of a conditional use permit have been met.
D.
Conformance to standards. Conditional uses shall conform to the standards for approval in § 225-152 and any additional standards specified for the use in question in the applicable zoning district.
E.
Burden of proof. The applicant for conditional use
shall have the burden of proof in establishing that the criteria for
so granting such use shall have been met. In all cases the applicant's
burden of proof shall contain sufficient and credible evidence to
fully support the assertions made by the applicant.
F.
Time period for decision. The Planning Board shall
render a decision within 95 days of the submission of a complete application
for a conditional use.
H.
Effect of approval. In the granting of an approval
for a conditional use, the applicant shall secure a building permit
or, in the case where no permit is required, a certificate of occupancy,
within one year from the date of approval; otherwise the conditional
use shall be deemed null and void.
A.
The Planning Board is charged with the responsibility
of reviewing applications for conditional use, and deciding on their
merits. In deciding applications for conditional use, the Planning
Board shall consider the following standards in addition to those
which may be enumerated in the applicable section of the chapter.
(1)
That the use for which an application is being made
is specifically permitted as a conditional use in the zoning district
in which the subject site and use is located.
(2)
That the conditional use is compatible with the objectives
and policies of the Harrison Township Master Plan including all appropriately
adopted elements.
(3)
That the site is suitable for the conditional use
by virtue of topography, impact on the natural environment, and compatibility
with surrounding land uses.
(4)
That the design, arrangement, and nature of the conditional
use is such that the public health, safety, and welfare will not be
endangered, nor increase the danger of fire, or panic, or otherwise
endanger the public.
(5)
That reasonable consideration has been given to the
compatibility of:
(a)
The proposed use within the existing neighborhood
or community;
(b)
The number of employees or users of the property;
(c)
The potential effect on adjacent property values;
(d)
The need for such a facility in the area served
by the use; and
(e)
The adequacy of screens, buffers, or landscaping
for the purpose of mitigating any adverse impact created by the use.
B.
Traffic considerations. The conditional use shall
not create a hazardous traffic condition by the inappropriate location
of ingress or egress points or other transportation facilities and
the traffic generated by the proposed use should not:
(1)
Cause a local residential street not now at a level
of service of C or worse to reach that level of service, as defined
by the generally accepted method of the Transportation Research Board.
(2)
Cause any other street not now at a level of service
of D or worse to reach that level of service, as defined by the generally
accepted method of the Transportation Research Board.
(3)
Create a hazardous traffic condition as determined
by a professional transportation engineer or planner.
C.
Environmental impact considerations.
(1)
All activities and all storage of flammable and explosive
materials at any point shall be provided with adequate safety devices
to protect against the hazards of fire and explosion. Adequate fire-suppression
equipment shall be installed and maintained in an operable condition
in accordance with the regulations of the Fire Marshal's office and
the regulations of applicable local, state, and federal agencies.
(2)
No activity shall be permitted which results in an
electrical disturbance adversely affecting the operation of any equipment
beyond the building in which the disturbance is created.
(3)
There shall be no emission at any point from any chimney
or otherwise which can cause any damage to human health, to animals
or vegetation, or to other forms of property, or which will cause
any excessive soiling at any point.
(4)
There shall be no emission at any point, from any
chimney or otherwise, for longer than five minutes in any hour, of
visible smoke of any color with a shade darker than No. 2 of the Standard
Ringlemann Chart, except in an industrial district where a shade darker
than No. 3 of the Standard Ringlemann Chart shall be permitted.
(5)
There shall be no discharge at any point, into any
private or public sewerage system, or into any stream, or into the
ground of any materials in such a way, or of such temperature, as
to contaminate or otherwise cause the emission of hazardous materials
except as regulated by applicable local, state, or federal agencies.
(6)
There shall be no vibration or noise level which is
greater than the average noise level occurring on adjacent streets.
The measurement shall be taken at the property line or, in the case
of multiply industrial buildings on the same lot, 50 feet from the
exterior wall of the building.
(7)
No direct or sky-reflected glare, whether from floodlights
or from any high temperature process, shall be visible from adjoining
public streets, or adjacent lots, or from adjacent buildings within
an industrial park, when viewed by a person standing at ground level.
(8)
There shall be no emission of odorous gases or other
matter in such quantities as to be offensive on adjoining public streets,
on adjacent lots, or within adjacent buildings within an industrial
park.
(9)
All operations and the storage of all goods and materials
shall be conducted entirely within enclosed buildings.
D.
The Board shall consider the effect that the grant
of the conditional use would have on the logical extension of public
utilities and streets.
