Jackson Township City Zoning Code
ARTICLE X
General Provisions
§ 244-145 Conflict with other laws.
Any restrictions or requirements with respect to buildings, structures or land which appear in other ordinances of the Township of Jackson or are established by law and which are greater than those set forth herein shall take precedence over the provisions of this chapter.
§ 244-146 Application of regulations.
Except as herein otherwise provided:
A.
No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building or structure be designed, used or intended to be used, for any purposes or in any manner other than as specified among the uses listed herein as permitted in the zone in which such building, structure or land is located.
B.
No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations herein designated for the zone in which such building, structure or open space is located.
C.
No off-street parking area or loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.
D.
No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone in which said lot is located or unless a variance has been granted therefrom.
E.
No use shall be considered a permitted use or a conditional use in a zoning district unless included as such in the particular zoning district.
§ 244-147 Accessory buildings.
Unless otherwise specified in this chapter, accessory buildings shall conform to the following regulations as to their locations on the lot:
A.
Detached accessory buildings shall be located in other than a front yard and, if located in a side or rear yard area, shall conform to side or rear setback requirements of this chapter for the particular zoning district.
B.
Accessory buildings shall occupy not more than 25% of the rear or side yard area in any residential zone.
C.
No detached accessory structure in any residential zone shall be less than 10 feet from the principal building.
§ 244-148 Animals.
Animals shall be a permitted use in any residential zone; provided, however, that they adhere to the following:
A.
The minimum health standards established and administered by the Jackson Township Board of Health.
B.
They are not for commercial use.
C.
The provisions of Chapter 98, Animals, of the Code of the Township of Jackson.
§ 244-149 Appearance of nonresidential buildings.
The exterior elevations shall be arranged, and outer walls of nonresidential buildings shall be faced with materials approved by the municipal agency in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.
§ 244-150 Appearance of residential structures.
No residential structure, be it manufactured or otherwise, shall be located, placed or erected unless such structure shall have a finished elevation which gives the same appearance as a residence that has been constructed on a foundation. Manufactured detached single-family homes (dwellings) shall be permitted to the same extent and subject to the same restrictions as nonmanufactured homes, provided that the manufactured home is not less than 22 feet wide upon final assembly of the sections, is located on a permanent foundation and is to be constructed on a conforming lot the title to which is held by the manufactured homeowner.
§ 244-151 Appearance of single- and two-family dwellings.
Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures. The types of construction not considered to be residential in character include but shall not be limited to storefront type of construction; garage doors larger than needed for passenger vehicles or light commercial vehicles and unfinished concrete blocks or cinder block wall surfaces.
§ 244-152 Bulk storage.
In zoning districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:
A.
No bulk storage of materials or equipment shall be permitted in any required front yard area or within 100 feet of any public street, whichever is greater.
B.
No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.
C.
All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the municipal agency. Where property is adjacent to a residential zone, the screening shall meet the minimum requirements established by § 244-193.
D.
No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks, and all setback areas shall be landscaped in accordance with the requirements of § 244-193.
E.
All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing materials, as required by the municipal agency, which shall be of sufficient strength to handle the anticipated use.
F.
In no instance shall on-site bulk storage of material exceed the height of 10 feet.
G.
No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus 50 feet, except as the same may be in transit to or from the site.
§ 244-153 Contiguous lot ownership.
Except as otherwise provided pursuant to § 244-142, where two or more lots, created by the filing of a map pursuant to the Map Filing Law[1] prior to establishment of subdivision review by the Jackson Township Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
§ 244-154 Floodplain management.
A.
All new construction and substantial improvements to residential structures shall have the lowest floor, including basements, elevated to or above the base flood level, unless the Township is granted an exception by the Federal Insurance Administration for the allowance of basements and/or storm cellars.
B.
All new construction or substantial improvements to nonresidential structures shall have the lowest floor, including basements, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Where floodproofing is utilized for structures constructed below the base flood elevation, a registered New Jersey professional engineer and/or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressure, velocities, impact and uplift forces and other factors associated with the base flood. The Construction Official shall maintain a record of such certificates indicating the specific elevation, in relation to mean sea level, to which such structures are floodproofed.
C.
Plans submitted with applications for building permits for all new construction or substantial improvements to residential and nonresidential structures on land having an elevation of less than the base flood elevation and/or within any A Zone, as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, shall include the elevation of the first finished floor and the elevation of the basement or cellar, where provided. Data shall be United States Coast and Geodetic Survey data (MSL-0), and the source of data shall be noted. The Construction Official shall maintain a record of all such first finished floor, basement and cellar elevations submitted.
D.
Prior to the issuance of any building permit on land located within an unnumbered A Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
E.
Whenever an applicant proposes to alter or relocate a watercourse, he shall notify adjacent communities and the New Jersey Department of Environmental Protection and submit copies of such notification to the Federal Insurance Administration. The design of the alteration or relocation of any watercourse shall be required to demonstrate that the flood-carrying capacity of the watercourse is maintained.
F.
All mobile homes located on land having an elevation less than the base flood elevation shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be as follows:
(1)
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long shall require one additional tie per side.
(2)
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, and mobile homes less than 50 feet long shall require four additional ties per side.
(3)
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(4)
Any additions to the mobile home shall be similarly anchored.
G.
Any expansion to existing mobile home parks, or in existing mobile home parks where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, located on land having an elevation below the base flood elevation, shall make provision that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for pilings more than six feet above the ground level.
H.
All mobile homes, not within mobile home parks, which are located on land having an elevation below the base flood elevation shall make provision that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for piers more than six feet above ground level.
I.
No alteration or removal of natural vegetation which would increase potential flood damage shall be permitted.
J.
No building, structure or use shall be permitted within floodways or flood hazard areas.
K.
With any application for development on land located within a floodway and/or having an elevation of less than the base flood elevation, the municipal agency shall require that the applicant submit a plan, certified by a registered New Jersey professional engineer and/or registered architect, of the flood-protection measures to be taken. Such flood protection measures shall include, where applicable, the following:
(1)
Anchoring to resist flotation, collapse and lateral movement.
(2)
Installation of watertight doors, bulkheads and shutters or similar methods of construction to protect against winds or wave action.
(3)
Reinforcement of walls to resist water pressures.
(4)
Use of paint, membranes or mortars to reduce seepage of water through walls.
(5)
Addition of mass or weight to structures to prevent flotation or lateral movement.
(6)
Installation of pumps to lower water levels in structures.
(7)
Construction of water supply and waste treatment systems so as to prevent the infiltration of floodwaters.
(8)
Pumping facilities or comparable practices for subsurface drainage system for buildings to relieve external foundation wall and basement flood pressures.
(9)
Construction to resist rupture or collapse caused by water pressure or floating debris.
(10)
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity drainage of basements may be eliminated by mechanical devices.
(11)
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to flooding and to provide protection for inundation by the base flood.
(12)
Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the base flood elevation or are adequately floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into floodwaters.
(13)
Location and construction of parking areas and access drives to permit safety of access for emergency vehicles in times of flood.
§ 244-155 Frontage on improved street.
A.
Except as otherwise provided in Subsection C, every principal building shall be built upon a lot with frontage upon a street improved to meet the Township requirements for improved public streets or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to this chapter, unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
B.
Where a building lot has frontage on a street which the Master Plan of the Township indicates is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed right-of-way line.
C.
A single-family residential dwelling shall be permitted to be built upon a lot on a public street which is semi-improved, provided that the following terms and conditions are complied with:
(1)
The Township Engineer shall determine that the right-of-way of such street abutting such lot is of the width herein required and will allow for the future installation of curbs. In certifying conformance with the foregoing, the Township Engineer shall consider the potential availability of a right-of-way from property owners directly opposite from the lot in question and for the entire length of such semi-improved street so as to allow for the future orderly development of the immediate area and the street.
(2)
The lot upon which a building is proposed shall have access along a semi-improved street to the public street system of the Township. Nothing herein shall prevent a property owner from improving an unimproved roadway to the status of a semi-improved roadway in order to comply with this requirement.
(3)
As used in this subsection, the following terms shall have the meanings indicated:
IMPROVED PUBLIC STREET
A street meeting all of the following requirements:
(a)
A dedicated public right-of-way of at least 33 feet.
(b)
Constructed with a suitable base and a hard surface treatment of 24 feet in width.
(c)
Surface to be free of potholes with sufficient drainage so as to avoid flooding or ponding of water. Drainage easements may be required for this purpose from any applicant.
SEMI-IMPROVED PUBLIC STREET
A street meeting all of the following requirements:
(a)
A dedicated right-of-way of at least 33 feet in width with a traveled surface sufficiently wide so as to permit two motor vehicles traveling in opposite directions on it to safely pass each other, with a minimum of six inches of road gravel surface of at least 24 feet in width over a suitable subbase.
(b)
Such gravel surface shall be free of potholes, with sufficient drainage to avoid ponding, causing it to be passable to all vehicles, including emergency and fire apparatus, at all times of the year.
(4)
Procedures:
(a)
The applicant for a building permit on a semi-improved street must receive from the Township Engineer a certification, in writing, that said semi-improved street, as herein defined, provides access from said lot to the presently existing public street system and that the portion of the semi-improved street upon which the lot abuts conforms to the provisions of the foregoing Subsection C(3). Said certification must be received prior to the issuance of a building permit and must be secured at the sole expense of the applicant, which will include all reasonable legal, engineering and inspection fees as shall be necessary. An initial escrow fee of $500 shall be deposited with the Township prior to any such inspection by the Township Engineer, which initial deposit shall defray all or a part of the actual cost of such inspections and estimates by the Township Engineer and the review of the Township Attorney, as set forth herein.
(b)
In the event that a certification is granted by the Township Engineer to the applicant, the Township Engineer shall prepare an estimate of the cost of improving the semi-improved street and shall also include the projected cost of installing curbing and that portion of anticipated off-site drainage necessitated by this construction.
(c)
Before receiving a permit for construction of a single-family residential dwelling on a semi-improved public street, an applicant must comply with any one of the following requirements:
[1]
The applicant shall improve that portion of the semi-improved street (full width) upon which the lot abuts, from lot line to lot line, to the status of an improved street, with a hard surface, curbing and drainage.
[2]
The applicant shall deposit with the Township a cash deposit or a performance guaranty with sufficient surety in favor of the Township in a form approved by the Township Attorney in amount of the estimate prepared by the Township Engineer, which deposit or guaranty shall be held by the Township until the improvement to the street is completed by the applicant or until the Township deems, in its discretion, that the semi-improved street shall be fully improved by the Township. The deposit or guaranty so held by the Township shall be used only to defray the cost of improving the roadway to Township specifications and for off-site drainage. In the event that the actual cost of constructing and fully improving a semi-improved street by the Township exceeds the amount of any deposit or guaranty deposited with the Township, any additional sum shall also be the responsibility of the owner of said lot and may be collected by the Township by way of assessment or by other means available to the Township.
[3]
The applicant shall sign an agreement to be recorded in the Ocean County Clerk's office acknowledging the obligation of the applicant, or the applicant's successors and assigns, to improve that portion of the semi-improved street upon which the applicant's property abuts to the status of an improved public street as defined above. This agreement shall acknowledge that in the event that improvement is not made by the applicant or the applicant's successors or assigns, the Township shall have the right to improve the public street or roadway as a local improvement and to assess the cost of the improvement to all properties abutting the street which will benefit by the improvements thereof, such assessment to be made as an assessment for a local improvement pursuant to law. In addition, prior to the issuance of a certificate of occupancy, the applicant shall submit to the Township Attorney for approval a deed for said property containing or referencing the recorded road agreement. Proof of the recording of the deed containing such provisions shall be required prior to the issuance of the certificate of occupancy. The Construction Code Official shall also cause the certificate of occupancy to specifically reference the recorded road agreement and deed.
§ 244-156 Height limitations.
A.
No structure shall extend higher than the limit provided in each zone created hereunder for building height.
B.
The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit.
C.
The height limitations created hereunder shall apply to chimneys, ventilators, skylights, stair towers, elevator towers, appurtenances usually carried above the roof level and noncommercial radio and television antennas attached to a building, except that same may exceed said height limitation by not more than 15 feet, except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation by no more than six feet. Such features shall not exceed, in total coverage, 20% of the total roof area.
D.
Freestanding noncommercial radio and television antennas, flagpoles and windmills may exceed the height limits created hereunder by not more than 15 feet.
§ 244-157 Noncommercial radio and television antennas.
A.
Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located at least 15 feet from the rear lot line and 15 feet from the side lot line or at least at the required side yard setback for the particular zoning district in which the lot is located, whichever is greater.
B.
Freestanding antennas exceeding 20 feet in height or antennas extending 20 feet above the point of attachment to a building shall be built to withstand winds of at least 100 miles per hour.
§ 244-158 Outdoor display of goods.
[Amended 10-29-2019 by Ord. No. 27-19]
A.
Outdoor sales displays in accordance with this section shall be permitted in the LC, HC, NC, MUNC, CR-1 Zones. Retail and/or wholesale business uses shall not display goods for sale, including motor vehicles, outdoors except in accordance with a site plan approved by the municipal agency or for temporary sidewalk or other types of outdoor sales, in accordance with a permit which may be issued by the Zoning Officer in accordance with the following:
(1)
All applications for outdoor displays of goods shall include plans or layouts for the temporary sale.
(2)
No temporary sidewalk or outdoor sale permit shall be issued for a period of more than 21 days.
(3)
No more than four temporary sidewalk or outdoor sales permits shall be issued for a retail and/or wholesale business in any calendar year.
(4)
Any temporary outdoor sale located in a designated parking area shall be adequately protected from vehicular traffic.
(5)
No impediment to the free flow of pedestrian or vehicular traffic shall be created by the outdoor sales display.
B.
Notwithstanding the general prohibition of obstructions in a front yard area set forth in § 244-6, goods for sale which are displayed or stored outdoors may be located in a front yard area for the duration of a permit granted under this section, however the sale display shall not be located within any required front setback area or within any sight triangle area.
§ 244-159 Outdoor storage of materials.
No person shall store materials of any kind outdoors in any district, except for the construction of a structure to be erected on the premises, unless specifically permitted elsewhere in this chapter.
§ 244-160 Performance standards.
As a condition of approval and the continuance of any use, occupancy of any building or structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the municipal agency or to its designated representative, that the proposed use, building or structure, process or equipment will conform fully to all of the applicable performance standards. As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The municipal agency may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes. The municipal agency may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use, and the cost thereof shall be borne by the owner, applicant or specific use in question:
A.
Conditional permit.
(1)
In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this chapter, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and during operation.
(2)
Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this chapter have been met.
B.
Noise. All uses in the Township of Jackson shall conform to the provisions of Chapter 291, Noise, of the Code of the Township of Jackson.
C.
Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with:
(1)
Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a firebox or the building of a new firebox, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(2)
Solid particles.
(a)
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission, in pounds per hour, established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(b)
In any other zone, except the Industrial Zone, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(c)
In the Industrial Zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(d)
No open burning shall be permitted in any zone unless a permit is obtained from the State Forrest Fire Service and the burning is conducted in accordance with the permit.
[Amended 6-30-2003 by Ord. No. 15-03]
(e)
All incinerators shall be approved by the State Department of Environmental Protection.
(f)
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(3)
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
D.
Liquid waste. No liquid waste shall be discharged into any watercourse or sewage collection and disposal system, except in accordance with plans approved by the Jackson Township Municipal Utilities Authority or, where applicable, the Ocean County Utilities Authority and, where required, by the New Jersey Department of Environmental Protection.
E.
Solid waste. All uses in the Township shall:
(1)
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(2)
Comply with all applicable provisions of the Air Pollution Control Code.
(3)
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection.
(4)
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(5)
Not engage in any sanitary landfill operation on the property, except as may be permitted by other Township codes and ordinances.
(6)
Comply with all applicable provisions of the New Jersey Statewide Mandatory Source Separation and Recycling Act of 1987, P.L. 1987, c. 102.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
F.
Radiation. All use of materials, equipment or facilities which are of or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, P.L. 1958, c. 116,[2] as amended, whichever shall be more stringent.
[2]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
G.
Fire and explosion hazards. If it appears that any proposed use, building, structure, process or resulting product or material may constitute a fire or explosion hazard, the municipal agency may require the applicant to supply proof of:
(1)
Approval of the use, building, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been or will be taken or installed.
(2)
Approval from the Township Fire Prevention Bureau that the applicant has complied with all applicable Township fire prevention regulations.
H.
No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
I.
No machinery or operation shall be permitted which shall cause perceptible earthshaking vibration beyond the property lines of the lot on which the use is located.
J.
Storage of flammable material. The storage of all flammable and combustible liquids and gases shall be subject to approval by the Bureau of Fire Prevention and the following regulations:
(1)
The storage of fuel oil in aboveground tanks of a capacity greater than 275 gallons, or of a capacity greater than 10 gallons within structures, shall be prohibited in residential areas or in connection with residential uses. (Gallonage shall be determined by water capacity measurement.)
(2)
The aboveground storage of any other flammable liquids or materials in tanks or a capacity greater than five gallons of combustible liquids or materials greater than 60 gallons and all underground storage of any other flammable or combustible liquids or materials, including dispensing equipment, shall be prohibited in residential areas. (Gallonage shall be determined by water capacity measurement.)
(3)
The storage of liquefied petroleum gases or other types of bottled gas, supplied or delivered for residential consumption, shall be limited to a tank or tanks with a combined equivalent water capacity of 500 gallons for each residential dwelling or structure serviced.
(4)
All installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 1,200 gallons shall comply with all requirements of Chapter 204, Fire Prevention, and all installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 4,000 gallons shall be prohibited in areas not served by public water mains and fire hydrants complying with the requirements of the Fire Prevention Code. The bulk storage, processing or manufacturing of liquefied petroleum gas or other types of bottled gas or facilities therefor shall not be permitted in any residential zone.
(5)
All installations of flammable or combustible liquids, compressed gases or other hazardous fuels shall comply with the requirements of Chapter 204, Fire Prevention, of the Code of the Township of Jackson and amendments thereto.
K.
Fire-resistant construction. All new construction and additions shall be of fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.
L.
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(1)
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
(2)
Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property line.
(3)
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
§ 244-161 Preservation of natural features.
Wherever feasible, all of the following shall be preserved in their natural state:
A.
Floodway, floodplain and flood hazard areas, as defined in this chapter.
B.
Wetlands, as defined by the Freshwater Wetlands Protection Act, P.L. 1987, c. 156.[1]
[1]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
C.
Areas containing a significant number of specimen trees, as defined in § 244-6.
D.
Land with slopes in excess of 10%.
E.
Existing watercourses, ponds, bogs and swamps.
F.
Land with a seasonal high water table of less than two feet.
G.
Extraordinary trees.
§ 244-162 Number of principal buildings.
No lot utilized for single-family or two-family dwelling purposes shall contain more than one principal building.
§ 244-163 Farms; sale of products; gardens.
A.
All buildings and structures utilized for farm purposes shall be set back or in accordance with the setback requirements of the zone, and provided that roadside stands for the sale of products raised on the farm shall not be located closer than 40 feet to any street line.
B.
The raising of vegetables and fruits for personal use, but not for sale, shall be permitted in any residential zone.
§ 244-164 Property maintenance.
[Amended 12-9-1996 by Ord. No. 26-96; 6-12-2006 by Ord. No. 12-06; 2-27-2025 by Ord. No. 01-25; 2-10-2026 by Ord. No. 03-26]
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition all buildings and land in the Township of Jackson which he owns, uses, occupies or has maintenance responsibility for. Land uses within the Township of Jackson shall be maintained in accordance with the following regulations:
A.
Maintenance of all land uses within the Township shall include but not be limited to the following:
(1)
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
(2)
Paint striping, traffic control signs and markings and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
(3)
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.
(4)
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
(5)
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours. Shopping carts shall be marked with the name of the establishment, the title and telephone number of the person responsible for maintenance of the shopping carts and a notice that they are not to be removed from the property on which the business is located. If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within 24 hours of notice from the Township. Failure to pick up such shopping carts within 24 hours of notice shall be a violation of this chapter, subject to the penalties prescribed herein.
(6)
All plantings and ground cover shall be regularly watered and shall be not exceed 10 inches in height. All dead plant materials shall be removed or replaced. All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
(7)
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
(8)
All refuse stored outdoors shall be kept within containers in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within the side or rear yard areas and shall not be so located as to interfere with vehicular or pedestrian circulation.
(9)
All outdoor lighting shall be maintained in a working condition.
B.
All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in Subsection A above, additional maintenance responsibilities shall include but are not limited to the following:
(1)
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be maintained free from weeds, grass, brush or plant growth in excess of 10 inches. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
(a)
Refuse enclosures. Where a site plan specifies an outdoor refuse storage area, such area shall contain an enclosure not less than 100 inches wide, 84 inches deep and 72 inches high and be sufficient to enclose containers of up to six cubic yards. The enclosure shall have locking gates. Any containers larger than six cubic yards must be located in an enclosure using accepted industry requirements. Refuse containers located elsewhere on the site shall not be permitted.
C.
All uses in the Township of Jackson shall also be subject to the provisions of Chapter 372, Streets and Sidewalks, of the Code of the Township of Jackson.
D.
Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions herein shall be a violation of this chapter subject to the penalties prescribed in Subsection F below.
E.
Notice of Violation and opportunity to cure required prior to issuance of summons. The Zoning Officer, Code Enforcement Officer, Construction Code Official, or other designated officer is authorized to notify, in writing, by mailing by certified mail, return receipt requested, and regular mail or hand delivering to the owner, or person or entity in control of the subject premises, or the agent of the owner, person in control or entity, advising of the particular violation. In the event that the property is in foreclosure, notice may also be sent to the mortgagee in the manner set forth herein. If the notice is returned showing the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. The person or entity shall correct the violation within 10 of receipt of the violation. Said notice shall be deemed to serve as a continuing notice for the remainder of the violation on the subject property in accordance with the provisions of this article.
F.
Penalties.
(1)
First offense: Any person, entity, firm, corporation or group who has been cited for violation of this section, may plead guilty by affidavit through the Township of Jackson Municipal Court. The fine for a first-time offense, plead guilty by affidavit, is $100 for violations of B(1) above and $500 for all other provisions of this section. The offending party may also appear in Municipal Court and plead not guilty to the citation and be heard before the Court.
(2)
Second offense for violations of B(1) above. Any person, entity, firm, corporation or group who has been cited for violation of B(1) above for the second time within a calendar year of the first offense, may plead guilty by affidavit through the Township of Jackson Municipal Court. The fine for a second-time offense, plead guilty by affidavit, is $250. The offending party may also appear in Municipal Court and plead not guilty to the citation and be heard before the Court.
(3)
Second and/or subsequent offenses for all provision other than violations of B(1) above and third and/or subsequent offenses for violations of B(1) above: Any second and/or subsequent offenses for all provisions other than violations of B(1) above and third and/or subsequent offenses for violations of B(1) above, within the same calendar year, shall be scheduled for Court, at which time the person, entity, firm, corporation, or group who has been cited for violation of this section will be required to appear in Municipal Court, and for any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agent, contractor lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation continues, be subject to a fine of not more than $1,000 or be imprisoned for a term not exceeding 90 days, or both.
(4)
Correction of conditions. In addition to any penalty, pursuant to Subsection F(2) above, the violation must be corrected by the notice date and must be properly maintained thereafter, or the owner of the property will be cited for an additional offense and will be required to appear in Municipal Court.
§ 244-165 Satellite dish antennas.
A.
Satellite dish antennas shall be permitted accessory uses within all zoning districts in the Township of Jackson.
B.
General requirements. Satellite dish antennas proposed to be constructed and operated within Jackson Township shall comply with all of the following general requirements:
(1)
A statement certified by the applicant shall be submitted, which sets forth the range of azimuth and elevation angles within which the proposed satellite dish antenna may be operated and the maintenance program which will be observed by the applicant with respect to the proposed satellite dish antenna, and which states that the proposed satellite dish antenna fully complies with all applicable federal and state statutes, regulations and requirements. Attached thereto shall be copies of any license or approval for the construction, placement or operation of the proposed satellite dish antenna required by any federal or state agency having jurisdiction.
(2)
In connection with an application for a satellite dish which is to be used for transmission of signals, a statement, certified by a licensed engineer registered to practice in the State of New Jersey, shall be submitted which sets forth the maximum anticipated effective radiated power and the antenna pattern of the proposed satellite dish antenna. This statement shall contain a structural engineering analysis of the proposed satellite dish antenna and the extent to which the proposed satellite dish antenna complies with the design standards applicable to satellite dish antennas as set forth in this chapter.
(3)
A satellite dish antenna or any accessory building used for housing equipment necessary for the operation of the satellite dish antenna shall only be located in a rear yard and shall not be located in a buffer area. Where the buffer setback requirements for rear yards and side yards exceed those minimum rear yard and side yard setback requirements for accessory buildings, the buffer setback requirements shall govern.
(4)
A satellite dish antenna or any accessory building used for housing equipment necessary for the operation of the satellite dish antenna shall not violate the rear yard or side yard setback requirements applicable to accessory buildings within the particular zoning district, as set forth in this chapter. Where the accessory building setback requirements are less than the height of the satellite dish antenna, the required setback shall be that of the height of the satellite dish antenna.
(5)
Any accessory building used for housing equipment necessary for the operation of the satellite dish antenna shall not exceed a building height of 12 feet, shall not exceed 150 square feet in area and shall be finished in the same architecture, with the same roofing and siding materials and in the same colors as the principal building.
(6)
All wiring and connecting cables between the satellite dish antenna and the principal and accessory buildings on the property shall be buried underground.
(7)
A screening plan shall be required with every application for a permit for the installation of a satellite dish.
(8)
Only one satellite dish antenna shall be permitted on the applicant's property.
(9)
A satellite dish antenna shall be of mesh-type construction and shall be painted so as to blend in with the immediate natural environment.
(10)
No satellite dish antenna shall obstruct the view of the traveling public.
(11)
No satellite dish antenna shall contain, be used as or be situated in such a manner so as to constitute a sign.
(12)
No satellite dish antenna shall be constructed on the roof, wall or any other part of any structure, nor shall a satellite dish antenna be affixed to utility poles, signs, trees or fences.
(13)
No satellite dish antenna shall be erected without the issuance of a development permit by the Jackson Township administrative officer.
(14)
The construction and operation of a satellite dish antenna shall fully comply with all applicable federal and state statutes, regulations and requirements, including those pertaining to safety levels of radio frequency electromagnetic fields with respect to human exposure.
(15)
Any person or persons, firm, corporation, association or partnership proposing to construct and operate a satellite dish antenna within any zoning district in Jackson Township shall, prior to such construction and operation, submit the following:
(a)
The exact location, height and dimensions of the proposed satellite dish antenna and any accessory building used for housing equipment necessary for the operation of the satellite dish antenna, and the diameter of the dish itself shown on a property survey.
(b)
The exact locations and dimensions of all buildings and structures on the premises on which the satellite dish antenna is to be located.
(c)
Existing and proposed plantings or other natural barriers to provide protection and screening.
(16)
Satellite dish antennas proposed in the HC Highway Commercial, RC Recreational Commercial, O/R Office/Research, LM Light Manufacturing or I Industrial Zoning Districts or proposed on the lots of nonresidential uses in the MUD Mixed Use Development Zoning District shall comply with the following:
(a)
The height of the satellite dish antenna, measured vertically from the ground level to the area on which the satellite dish antenna is located, and up to and including the highest point of the satellite dish antenna when extended to its fullest height, shall not exceed 25 feet.
(b)
The dish of the satellite dish antenna shall not exceed a diameter of 12 feet.
(17)
Satellite dish antennas proposed in the R-3 Residential, R-2 Residential, R-5 Residential, R-20 Residential, R-15 Residential, R-9 Residential or NC Neighborhood Commercial Zoning Districts, or proposed on lots of detached single-family dwelling units in the PRC Planned Retirement Community, PMURD Planned MUD Mixed Unit Residential Development or MUD Mixed Use Development Zoning Districts, shall comply with the following:
[Amended 12-23-2002 by Ord. No. 50-02]
(a)
The height of the satellite dish antenna, measured vertically from the ground level to the area on which the satellite dish antenna is located, and up to and including the highest point of the satellite dish antenna when extended to its fullest height, shall not exceed 12 feet.
(b)
The dish of the satellite dish antenna shall not exceed a diameter of nine feet.
(18)
Satellite dish antennas proposed in the MF Multifamily or MHP Mobile Home Park Zoning Districts or proposed to serve attached dwelling units in the PRC Planned Retirement Community, PMURD Planned Mixed Unit Residential Development or MUD Mixed Use Development Zoning Districts shall comply with the following:
(a)
The height of the satellite dish antenna, measured vertically from the ground level to the area on which the satellite dish antenna is located and up to and including the highest point of the satellite dish antenna when extended to its fullest height, shall not exceed 25 feet.
(b)
The dish of the satellite dish antenna shall not exceed a diameter of 12 feet.
(c)
Only one satellite dish antenna shall be permitted per development in the MF and MHP Zoning Districts.
(d)
Only one satellite dish antenna shall be permitted to serve the attached dwelling units in developments in the PRC, PMURD and MUD Zoning Districts.
§ 244-166 Soil removal.
No topsoil, subsoil, sand or gravel shall be removed from any property or site in any zone unless and until a soil removal permit and/or license shall be obtained pursuant to Chapter 185, Excavations, Mining and Dredging, of the Code of the Township of Jackson; provided, however, that the following exceptions shall apply:
A.
The Township Engineer may issue a soil removal permit, in conjunction with a building permit application, for removal of soil for building foundations and other structures, provided that the total amount of soil to be removed from any site does not exceed 500 cubic yards.
B.
The Planning Board may approve a soil removal permit, as a condition of its approval of an application for development, upon finding that the removal is necessary for the development of the site as approved by the Board, and further provided that the amount of soil to be removed from the property or site does not exceed 1,000 cubic yards.
§ 244-167 Solid waste disposal.
The dumping of refuse, waste material or other substances is prohibited in all districts within the Township, with the exception of designated landfill sites approved by the New Jersey Department of Environmental Protection.
§ 244-168 Design of single- and two-family dwellings.
[Amended 2-9-1998 by Ord. No. 4-98; 2-27-2025 by Ord. No. 05-25]
A.
Except as provided in this section, not more than one building permit shall be issued for any dwelling to be erected in a subdivision consisting of two or more lots if it is substantially alike in exterior design and appearance with any (adjoining) dwelling within 150 feet or separated by less than two contiguous conforming building lots on the same side of the street which is in existence or for which a building permit has been issued or is pending. The one-hundred-fifty-foot distance specified shall be the shortest distance between the property lines of the respective lots as measured along the street line.
B.
Adjoining dwellings shall be considered to be substantially alike in exterior design and appearance when the front elevations are along the same approximate plane and they have any two of the following characteristics:
(1)
The same basic dimensions are used without substantial differentiation of one or more exterior elevations or in orientation of the houses on the lots.
(2)
The height and designs of the roofs are without substantial change in design and appearance.
C.
In addition to the requirements specified in Subsection B above, there shall be not less than three separate basic house designs in every subdivision consisting of 10 houses, not less than four basic house designs in every housing development of 20 houses and not less than five basic designs in every development consisting of 30 houses.
D.
No building permit shall be issued for more than one dwelling in any housing development, except as provided in Subsection E, until an engineer's survey or an architect's drawing of the entire tract or part to be developed has been submitted to the Zoning Officer, showing thereon, or on a schedule attached thereto, the model number, type and design of each house, with the proper street and lot numbers for each house. The survey or drawing shall show the dimensions of each house and its exact location on the lot, with setbacks and width or depth of all yard spaces. In the event of a subsequent desired change in the basic design, size or location of a house in such tract, a revised plan and application therefor shall be filed and approved before such work is started.
E.
In lieu of the submission specified in Subsection D above, the Planning Board of the Township of Jackson may, at its discretion, require an affidavit or a performance guaranty approved as to form by the Township Attorney, that the subdivision will be developed as a whole so that the intent and purpose of this section is satisfied. The Zoning Officer is also hereby authorized to require a similar affidavit or performance bond before issuance of more than one building permit in any housing development or part thereof for any subdivision heretofore approved by the Planning Board prior to the enactment of this chapter or for any land area not required to be subdivided.
§ 244-169 Storage of boats and travel trailers.
The outdoor storage of a recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single-family properties, provided that:
A.
Such storage shall not be permitted within any front yard area.
B.
A recreational vehicle or small boat shall not exceed 35 feet in length and eight feet in width.
C.
Only one such recreational vehicle and one small boat shall be permitted to be stored outdoors at any single-family residence.
D.
A recreational vehicle or small boat less than 35 feet in length and eight feet in width shall be stored outside the required building rear and side setback lines of the zoning district within which the property on which it is stored is located.
E.
Any such vehicles stored in accordance with this chapter shall not be occupied and shall not be provided with utility connections.
F.
Boats, trailer, etc., to be owned by property owner.
§ 244-170 Storage of commercial vehicles.
A.
No person, firm or corporation shall park or store, between the hours of 9:00 p.m. to 6:00 a.m., a motor-drawn vehicle, omnibus, school bus, pole trailer, road tractor or commercial motor vehicle upon any land, property or lot which is primarily used or zoned for residential purposes. The words and phrases stated and used in this section are intended to have the meanings set forth for such words and phrases respectively as set forth in Subtitle 1 of Title 39 of the New Jersey Revised Statutes.
B.
The provisions of this section shall not apply to the following:
(1)
Any commercial vehicle having a gross weight of six tons or less.
(2)
Any vehicles used at or stored upon an active construction site.
C.
No vehicle which contains, carries or transports hazardous materials and which is or should be placarded according to and complying with the Department of Transportation Hazardous Materials Regulations as published in Code of Federal Regulations, Title 49, shall be parked or stored in the Township of Jackson unless such area or place for parking or storage has received approval for such use by the appropriate agencies or the Township of Jackson. No such area shall be approved for parking or storage of such vehicles unless such area or place is sufficiently secured by fencing so as to prevent any tampering with such vehicle. In determining the suitability of such fences, review shall be in conformance with the standards of this chapter and all applicable codes and ordinances of the Township of Jackson.
§ 244-171 Temporary uses or structures.
The Board may grant the development of temporary uses or structures, provided that the use is a permitted use and the term of existence will not exceed one year by the minor site plan review procedure. Extensions of said approval may be granted, provided that the application is made prior to the expiration of said one-year term.
§ 244-172 Tree removal requirements.
[Added 12-22-2003 by Ord. No. 41-03[1]]
The requirements for tree removal and replacement are set forth in Chapter 405, Tree Removal, of this Code.
[1]
Editor's Note: This ordinance also repealed original § 109-159, Trees; penalty, of the 1972 Code, as amended 3-12-2001 by Ord. No. 07-01.
§ 244-173 Water conservation.
[Added 8-26-2002 by Ord. No. 36-02]
The following measures are to be encouraged in all new development:
A.
For purposes of reducing water use, lawn areas will be limited and native low maintenance vegetation will be utilized for landscaping;
B.
Clearing of native vegetation, particularly trees, is to be minimized;
C.
Water consenting devices, such as drip irrigation, are to be utilized for irrigation purposes;
D.
Low-flow shower heads, faucets and toilets are to be utilized.
§ 244-174 Wetlands.
A.
In the non-Pinelands portion of the Township, no lot shall be created unless a minimum of 75% of the required minimum lot area of the particular zone within which it is located is situated outside of any wetlands, and further provided that a minimum of 50% of the required minimum lot area shall be situated outside of any wetlands and wetlands transition (buffer) area.
B.
All such wetlands shall be properly delineated by field measurements and after field verification by the appropriate qualified professional and as approved by the NJDEPE.
§ 244-175 Yard areas.
A.
No yard or other open space provided around 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 buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B.
All yards facing on a street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which the lot is located, except as otherwise provided in this chapter. Except for corner lots, whenever there exists a conforming lot with a dwelling unit, where said lot has frontage on two rights-of-way, only the yard abutting the front facade of the dwelling unit shall be the front yard. The other yard shall be considered a rear yard.
[Amended 4-22-2002 by Ord. No. 20-02]
C.
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor may extend into any yard, provided that the total area of all such porches which extend into such yards does not exceed 100 square feet.
D.
Additions or alterations to existing single-family dwellings that remain within the existing vertical planes shall be permitted; provided, however, that no further encroachment into any setback area occurs.
E.
Access ramps for handicapped individuals shall be exempt from the building setback requirements for the particular zoning district.
§ 244-176 Right to farm.
[Added 7-10-1995 by Ord. No. 26-95]
A.
The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use in all zones where it currently legally exists or is currently an allowed use under this chapter and all other ordinances of the Township, county and state dealing with health, sanitation and environmental protection. The "right to farm," as it is used in this section, includes the use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, farm laborers and the application of chemical fertilizers, insecticides and herbicides, as well as other mechanized equipment and modern procedures, including composting and on-site disposal of organic waste, all for the purpose of producing from the land agricultural products such as but not limited to vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds, as well as the propagation and maintenance of horses, cows and other grazing livestock, fowl production, the maintenance of swine (as per and in accordance with Board of Health regulations) and providing for the processing and packaging, wholesaling and retailing of such products as contribute to farm income, including the construction of buildings, fences and parking areas in conformance with Township codes. Livestock fencing shall conform to the use intended and shall require a permit with no fee.
[Amended 12-11-1995 by Ord. No. 38-95]
B.
Definitions. For the purposes of interpretation of this chapter, the following definitions shall apply:
COMMERCIAL AGRICULTURE
The production principally for sale to others of plants and animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products.
FARM
An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to crop land, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agricultural pursuits.
HOME AGRICULTURE
The production principally for home use or consumption of plants, animals or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.
C.
The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular agricultural/farming, livestock and/or fowl production and when conducted in accordance with generally accepted agricultural/farming practices, can and may occur on holidays, Sundays and weekdays, at night and in the day, and the usual noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right.
D.
It is expressly found that whatever inconveniences may be caused to others not of the farming community by such uses and activities so conducted is legal for the farmer and is more than offset by the benefits from farming to the neighborhood, community and to society in general, by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of farming operations in Jackson Township and in New Jersey as a source of agricultural products for this and future generations.
E.
If a developer plans to build or sell 10 or more homes by creating a new subdivision or site plan with multifamily development in an area within 500 feet in any direction of a property currently in active farm use or zoned to allow said use, the developer or his or her agent must inform prospective purchasers, in writing, that they are near or next to an active farm and therefore may be subjected to such usual noises, odors, dust and/or fumes that an active farm may normally have. Furthermore, they should be aware of this right-to-farm ordinance which allows the farmer to pursue his endeavors without complaints and/or harassment. Also, any such development that occurs in the area of an active farm use shall do so in a manner so as not to infringe on the rights of the farm. Particular attention must be paid to the water problems in said area as well as environmental issues. Such development cannot and will not cause flooding problems for the farmer or the neighborhood. Furthermore, if a development is erected next to an active use, the developer must erect and maintain a buffer use of at least 50 feet on his property for protection of both the existing farm and the new development.
[Amended 12-11-1995 by Ord. No. 38-95]
F.
In an effort to preserve and continue farming in the Township of Jackson, residents involved in active farming and agricultural pursuits should and can be allowed to construct buildings on their land that are directly related to the farming pursuit, e.g., barns, storage buildings, equipment buildings, etc. Said buildings must be erected in accordance with Township building codes and shall follow the schedule as set for the Township.
G.
These statements are of a general intent and meant to express a basic philosophy by which all other ordinances are to be considered and interpreted.
§ 244-176.1 Portable buildings and trailers.
[Added 9-13-2016 by Ord. No. 21-16]
A.
Definitions. The following definitions shall apply to this section:
OFFICE TRAILER
A trailer, portable temporary container, or portable structure with or without axles and wheels used for any nonresidential or nonstorage activity at a site.
PORTABLE STORAGE STRUCTURE
A trailer, portable temporary container, or portable structure with or without axles and wheels used for storage activity at a site.
B.
Location. Office and construction trailers shall not be permitted on any location within the Township of Jackson, except as set forth herein. Portable storage structures are permitted as set forth herein.
C.
Permit required; application; fee. Before a portable storage container, construction trailer or office trailer is placed on any property, the owner, tenant or contractor working on the subject property must submit an application for a development permit approving such placement from the Zoning Officer. If the permit application is made by a tenant or contractor, written permission of the owner of the subject property for the placement of such trailer or structure on the subject property must be provided to the Zoning Officer before a permit is issued. Permits shall be issued for a time period of 60 days. The fee for the permit shall be $50.
D.
Number of portable storage structures. Only two portable storage structures may be placed at any residential property at one time. Commercial properties may have as many portable storage structures as the bulk requirements of the Zoning Code will permit.
E.
Size of portable storage container. A portable storage container may not exceed 10 feet in height, eight feet in width or 20 feet in length.
F.
Placement and condition. Portable storage containers are prohibited from being placed in streets, public rights-of-way, or on unimproved surfaces in the front yard of a property and may only be placed upon driveways, side and rear yards if such locations meet the requirements of this section. All such locations must be paved, off-street surfaces at the farthest accessible point from the street, and all must comply with the applicable minimum yard accessory structure setback requirements for any accessory structures in the zone in which such portable storage container is located. If the property does not have a driveway, or cannot meet the standards described herein, the Zoning Officer may, as part of the permit approval process, approve the placement of a container in the front yard. If such portable storage container is to be permitted to be located in the front yard, it must be kept at the farthest accessible point from the street, and the surrounding area must be maintained in a weed-free condition. Wherever portable storage containers may be placed, they shall be subject to all property maintenance standards applicable to accessory structures. No portable storage container shall be allowed to remain outside in a state of disassembly or disrepair.
G.
Regulations pertaining to office trailers. Office trailers are prohibited in all zoning districts of the Township except upon compliance with the following requirements:
(1)
Office trailers may be used on a construction site as a construction office, subject to individual approval by the Planning Board or Zoning Board of Adjustment, and as individually approved by the Construction Official. Said office trailer may not be placed on the site prior to issuance of a building permit and must be removed at the owner's expense upon completion of the job.
(2)
Office trailers may be used as a temporary office, only after property for a permanent site has been purchased and while the permanent building is being designed and/or constructed, subject to individual approval by the Planning Board or Zoning Board of Adjustment, and as individually approved by the Construction Official, and must be removed, at the owner's expense, from the premises within 30 days of the date the permanent facility is occupied. Approval shall not be granted for a period in excess of one year, but may be renewed annually, not to exceed three years. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold or leased.
(3)
Office trailers may be used as real estate sale offices, subject to individual approval by the Planning Board or Zoning Board of Adjustment, and as individually approved by the Construction Official. Approval shall not be granted for a period in excess of one year, but may be renewed annually, not to exceed three years. Permitted temporary real estate sales offices shall not be used as any type of dwelling. Use of the temporary real estate sales office for the sale or lease of residential sites or projects located off-site is prohibited.
(4)
Office trailers shall not be approved for permanent use.
(5)
Office trailers may not exceed 10 feet in height, eight feet in width or 20 feet in length and may not be combined or adjoined with another office trailer.
(6)
Wherever office containers may be placed, they shall be subject to all property maintenance standards applicable to accessory structures. No office container shall be allowed to remain in a state of disassembly or disrepair.
(7)
Mobile homes may not be used as offices.
(8)
Mobile home usage for residential purposes shall be as otherwise permitted by the Code of the Township of Jackson.
H.
Grandfathering of existing temporary structures. Any use or structure existing at the time of enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued with the following limitations. Any use or building which does not conform to this may not be:
(1)
Changed to another nonconforming use.
(2)
Reestablished after abandonment of the use within the meaning of the Municipal Land Use Law.
(3)
Extended, except in conformity with these regulations.
(4)
Rebuilt, altered or repaired after being more than partially destroyed within the meaning of the Municipal Land Use Law.
I.
Violations and penalties.
(1)
Any portable storage structure, office trailer or construction trailer placed in violation of this section or which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of the Code Enforcement Officer, Zoning Officer or a law enforcement officer for removal of such temporary structure for safety reasons, shall be punishable, upon conviction thereof, by a fine not to exceed $2,000 for each violation committed hereunder.
(2)
The owner of the subject property shall be afforded a fifteen-day period to cure or abate such violation. Every day that a violation continues after service of written notice by certified and/or regular mail on the owner of the subject property as shown in the latest tax duplicate shall be deemed a separate offense. The court may also order the removal of the violation by the Township, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary storage structure was located and upon approval by the Superior Court, may be filed as a lien against such property by the Township Clerk. Such lien shall be superior in dignity to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in dignity to the lien of ad valorem taxes.
