A. 
General purpose. The use and development of land may have a substantial impact upon the character of the Township and its environment, as well as upon traffic, utilities and property values therein, thereby affecting the public health, safety, morals and welfare. The general purpose of this chapter, as may be more specifically set forth herein, shall be to provide rules, regulations, procedures and standards to guide land use and development in the Township pursuant to the power and authority conferred upon the Township in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
B. 
Specific purposes.
(1) 
To encourage the appropriate use or development of all lands in the Township, in a manner which will promote the public health, safety, morals, and general welfare;
(2) 
To secure safety from fire, flood, panic and other natural disasters;
(3) 
To provide adequate light, air and open space;
(4) 
To promote the establishment of appropriate population densities and concentration that will contribute to the well-being of persons and neighborhoods and the preservation of the environment;
(5) 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
(6) 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational and commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all the Township's citizens;
(7) 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
(8) 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
(9) 
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
(10) 
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
(11) 
To promote utilization of renewable energy resources;
(12) 
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs;
(13) 
To prevent soil erosion, sedimentation and related damage by:
(a) 
Surface water retention, drainage and disposal; and
(b) 
Protecting exposed soil surfaces during and after construction.
(14) 
To minimize the expenditure of public money for costly flood control projects and the need for rescue and relief efforts associated with flooding;
(15) 
To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; and
(16) 
To ensure that potential buyers of areas of special flood hazard are notified of the hazard and that those who occupy those areas assume responsibility for their actions.
The provisions of this chapter shall be administered by Township agencies, officials, employees and consultants in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Flood Hazard and Control Act, N.J.S.A. 58:16A-1 et seq.
A. 
Except as otherwise provided in Subsections D, E, G and H, this chapter shall be enforced by the Zoning Officer, who is empowered to cause any buildings or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter. The owner or agent of a building or premises where a violation of any provision of this chapter shall have been committed or shall exist, or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist, or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist, shall for each and every violation, upon conviction thereof, be punishable by imprisonment in the Morris County Jail or in any place provided by the Township for the detention of prisoners for a period not exceeding 10 days or a fine in an amount not exceeding $1,250, or both, except as otherwise expressly provided for in this § 225-3.
[Amended 5-16-2001 by Ord. No. 11-01; 4-2-2003 by Ord. No. 4-03; 6-16-2010 by Ord. No. 10-10]
B. 
If, before final or minor subdivision approval has been obtained, any person transfers or sells, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Board is required to act, such person shall be subject to a fine not to exceed $1,000, and each parcel or lot so disposed of shall be deemed a separate violation. In addition to the foregoing, if the streets in a subdivision are not such that a structure within the subdivision would meet the requirements for a building permit under N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-34, as amended and supplemented, the Township may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, as amended and supplemented.
C. 
In any action pursuant to Subsection B hereof, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years from the date of the purchase contract if no instrument of transfer has been recorded with the Morris County Clerk.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, Enforcement, violations, penalties; soil erosion and sediment control and stormwater management, as amended, was repealed 11-17-2010 by Ord. No. 8-10.
E. 
The provisions of Article XX, Great Swamp Watershed Environmental Protection, shall be enforced by the Township Engineer, who is empowered to cause the stream corridor within or along any land subject to development activity regulated by this chapter to be inspected and examined and to order the remedying of any condition found to exist in violation of any provision of this article.
[Added 9-14-1998 by Ord. No. 5-98]
F. 
Violations and penalties; flood damage prevention. Any person who violates Article XIX or fails to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall, upon conviction thereof, be subject to the general penalty included in Chapter 1, General Provisions, Article I, and, in addition, shall pay all costs and expenses involved in the case; provided, however, that any offense which also constitutes a violation of the New Jersey Flood Hazard and Control Act, N.J.S.A. 58:16A-50 et seq., shall also be punishable by the fines imposed by N.J.S.A. 58:16A-63. Nothing herein contained shall prevent the Township of Harding from taking such other lawful action as necessary to prevent or remedy any violation of Article XIX.
[Amended 11-17-2010 by Ord. No. 15-10]
G. 
Violations and penalties; tree conservation enforcement. The provisions of Article XXI, Tree Conservation, shall be enforced by the Tree Conservation Officer, who is empowered to cause the land subject to activity regulated by said article to be inspected and examined and to order the remedying of any condition found to exist in violation of any provision of said article. As a condition of a permit issued under this article, any person may be required to replace any trees with replacement trees of like or superior species and of a size not less than three inches in diameter measured six inches above ground level. Replacement trees shall be guaranteed for a period of two years with a bond or cash equivalent. Any person violating any provision of said Article XXI shall be subject to the general penalty included in Chapter 1, General Provisions, Article I. Each tree cut down or removed in violation of said article shall be considered a separate violation.
[Added 5-16-2001 by Ord. No. 11-01; 11-17-2010 by Ord. No. 15-10]
H. 
Violations; penalties; injunctive relief for demolition delay on historic buildings.
[Added 4-2-2003 by Ord. No. 4-03]
(1) 
Violations. If any person shall undertake any demolition of a building subject to § 225-114 without first having obtained and posted a certificate of appropriateness, such person shall be deemed to be in violation of § 225-114. Upon learning of the violation, the Zoning Officer or the Construction Official shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by seeking review of the demolition by the Historic Preservation Commission. The owner may be required to restore the building to a condition consistent with its historic character and integrity, as approved by the Historic Preservation Commission. If the owner cannot be personally served within the Township with said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the municipal tax rolls.
(2) 
Penalties. A violation of this subsection by a demolition without a certificate of appropriateness therefor shall be subject to the general penalty included in Chapter 1, General Provisions, Article I; except that at least a minimum penalty of a fine not exceeding $100 shall be imposed for each day of violation of this subsection. Each day of noncompliance shall constitute a separate violation.
[Amended 11-17-2010 by Ord. No. 15-10]
(3) 
Injunctive relief. In the event that demolition is about to occur that will permanently and adversely change the building and/or the historic district without a certificate of appropriateness having been issued, the Zoning Officer may apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent such demolition.
I. 
Violations and penalties, failure to remove temporary real estate sign. In addition to any other remedies which may be provided in this chapter, any violation of the provisions of § 225-119 governing the installation of any form of real estate sign shall be subject to the general penalty included in Chapter 1, General Provisions, Article I, per day for each sign which shall be determined to be in violation of the above-mentioned provisions. If the violation is of a continuing nature, each day during which it continues shall constitute an additional and distinct offense.
[Amended 12-9-1996 by Ord. No. 8-96; 11-17-2010 by Ord. No. 15-10]
[Added 6-16-2010 by Ord. No. 10-10]
A. 
Subject to the exemptions in Subsection B, no building or other structure shall be erected, constructed, remodeled, moved, enlarged or externally altered, no building or structure shall be used or occupied and no grading permit, building permit or certificate of occupancy shall be issued unless and until a zoning permit has been issued by the Zoning Officer. A zoning permit shall also be required for a change in use or occupancy of a nonresidential property and for development activity not requiring a grading permit or building permit, including but not limited to installation or enlargement of driveway paving, a patio, deck, exterior stairs/steps, a sign, a fence, driveway entrance gates, driveway entrance pillars or posts (including light posts), recreation court, shed or other structure not requiring a building permit.
[Amended 10-19-2015 by Ord. No. 05-15]
B. 
A zoning permit shall not be required for the following:
[Amended 6-11-2018 by Ord. No. 11-18]
(1) 
Internal building improvements, routine property maintenance and exterior building maintenance or repair activity not involving enlargement of a building or structure or a change to its footprint.
(2) 
Any change in use of occupancy of a residential property involving continued residential use or occupancy.
C. 
An application for a zoning permit shall be submitted by use of the form to be obtained from the Zoning Officer and including such information as provided for therein. The Zoning Officer may require submission of additional information deemed to be necessary in order to make an informed determination.
D. 
An application for a zoning permit shall be accompanied by the fee provided for in Chapter 171.
E. 
An application for a zoning permit may be submitted for the purpose of obtaining a determination as to whether a development proposal requires variance relief.
F. 
A zoning permit shall not be issued for development activity on any property as to which there are any outstanding unpaid property taxes.
G. 
The Zoning Officer shall issue or deny a zoning permit application within 10 days of submission of a complete application, including payment of the required application fee.