Jefferson Township City Zoning Code

Boarding- or rooming house or tourist home: one parking space for each guest bedroom, plus two parking spaces for each residential dwelling unit.

Single-, two-family and multifamily dwelling units: two parking spaces for each dwelling unit.

There shall be a maximum of one access drive to any street, with the center line of the access drive at least 25 feet from any property line and 50 feet from any street right-of-way intersection. If the property along a street exceeds 500 feet in length, one access drive may be permitted for each 250 feet of frontage.

Each access drive shall be a minimum of 24 feet in width for two-way traffic and 12 feet in width for one-way traffic.

Access aisles shall be two-way for ninety-degree parking angles and one-way for other angles. Aisle widths shall be in conformance with the following:

An access drive may be located within any required yard.

No required parking area or off-street truck loading space shall be encroached upon by buildings, open storage or other use.

Accessory parking areas shall be marked off into parking spaces, each with a minimum width of nine feet and a length of 18 feet, exclusive of access driveways and turning areas.

An off-street truck loading space shall have a minimum width of 15 feet, a minimum length of 50 feet and a minimum clear height of 14 feet, exclusive of access driveways and turning areas.

Access to loading and parking spaces shall be by interior driveways and be designed for vehicle access without requiring the moving of any other vehicle. Spaces shall not have direct access from public streets or major interior drives and roads.

When the required number of parking spaces calculated as provided in Subsections A and B results in a fraction of a space, any fraction under 1/2 may be disregarded, and any fraction 1/2 or over shall be construed as requiring one full space.

Any off-street parking or loading area of four or more spaces shall be surfaced with a bituminous or portland cement pavement or similar durable and dust-free surface. All areas should be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

Accessible parking spaces, passenger loading zones and accessible routes shall be provided in accordance with the ADA Accessibility Guideline or Uniform Construction Code, whichever is more restrictive. Accessible parking spaces shall be signed in accordance with law.

In any district, where parking for other than single- and two-family dwellings is proposed in the front yard area, a safety island or raised median separating the public street from the parking area shall be provided in accordance with the following minimum requirements:

All parking areas shall provide paint striping to delineate parking stalls, barrier lines, lane lines, directional arrows, stop lines, fire lanes and other striping as may be required to ensure safe and convenient traffic circulation. Such striping shall be in substantial conformance with the Manual on Uniform Traffic Control Devices, except that all parking stall markings shall be hairpin style with eight inches between parallel stall dividing lines.

Parking lots which have a capacity for parking more than 50 vehicles shall incorporate the following minimum design standards:

No accessory building shall be constructed within five feet of any side or rear lot line.

Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that, when so constructed, the garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this chapter.

No private garage or other accessory building in any district, if detached, shall be placed within 10 feet of the main building.

Accessory private garages may be constructed within or under any portion of a main building.

Required accessory buildings and uses shall be on the same lot with the main building or buildings or on an immediately adjacent lot in the same ownership, or within the site limits of a site plan of development approved by the approving agency as prescribed in this chapter.

No private garage or other accessory building shall exceed two stories or 22 feet in height.

No accessory building, including a private garage, shall be located in the required front yard.

Notwithstanding any other provision of this chapter, any accessory structure, with the exception of those used in connection with agricultural activities, shall meet the following standards:

A private garage or private parking area may be utilized only as an accessory to the main use, except that one parking space in a private garage accessory to a one-family or two-family dwelling may be rented to a person who is not a resident of the main building.

Not more than one commercial vehicle may be housed on any lot, and then only in a private garage, except that maintenance equipment accessory to a planned unit or multifamily development may be housed, but only within a roofed enclosure.

A "commercial vehicle" is defined as any motor-driven vehicle used and/or designed for commercial purpose, such as the transportation of goods, wares and merchandise. Vehicles registered and/or used as omnibuses or school buses shall be considered commercial.

Exceptions. Nothing in this section shall be construed to prohibit the parking on any lot within a residential district of not more than two vehicles that meet the following criteria:

Nothing herein contained shall restrict the height of a church spire, cupola, dome, mast, belfry, clock tower, radio or transmission line, tower, flagpole, chimney, flue, water tank, elevator or stair bulkhead, stage tower, scenery loft or similar structure.

No structure erected pursuant to § 490-29D(1) above to a height in excess of the height limit for the district in which it is situated shall:

Any request for exemption from the district height regulations under the terms of this subsection shall be reviewed by the Land Use Board to ensure that there will be no significant negative effect on surrounding properties or the community at large.

The space in a required front yard, rear yard or side yard shall be open and unobstructed, except for:

Every part of a required yard shall be open to the sky and unobstructed except for retaining walls and accessory buildings where permitted and except for the ordinary projection of sills, belt courses and for ornamental features projecting not to exceed six inches.

Open or lattice enclosed fireproof fire escapes or stairways, as required by law, projecting into a yard not more than four feet and the ordinary projections of chimneys and pilasters shall be permitted by the Construction Official when placed so as not to obstruct light and ventilation.

No fence, dividing wall or planting strip shall be over five feet high if constructed within the front yard as defined in § 490-5 or over six feet high if constructed anywhere else on a lot, except where a fence is used to provide screening for a swimming pool or to screen a nonresidential use from abutting residential use or district, these height restrictions shall not apply. In no event shall any fence or planting strip be higher than eight feet. Fences shall be constructed so that all supports for the fences shall face towards the interior of the property upon which the fence is constructed and only the finished side of the fence shall face outward from any lot.

On a corner lot, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two feet, and no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level shall be permitted. Such triangular area shall be measured 30 feet down the minor street and 125 feet down the major street as measured from the point of intersection of the projection of the two side right-of-way lines under consideration.

The required side yard width abutting a side street on a corner lot shall be the minimum yard that is equivalent to the front yard setback requirement in the zone wherein the premises are located.

It is the intention that there shall be no visual obstruction, as herein defined, at the intersection of any two roads on both sides of either roadway.

Such pool shall be located in a rear yard only.

Such pool shall be not less than six feet from any side or rear lot lines and 10 feet from the main building.

Such pool shall not occupy more than 25% of the rear yard area, excluding all private garages or other accessory buildings or structures.

No building permit shall be issued for the erection of any building for occupancy as a single-family dwelling if it is like or substantially like any neighboring building, as hereinafter defined, then in existence or for which a building permit has been issued, in more than three of the following six respects:

Buildings shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet.

Buildings between which the only difference in relative location of elements is end to end or side to side reversal of elements shall be deemed to be like each other in relative location of such elements.

In relation to the premises with respect to which the permit is sought, a building shall be deemed to be a neighboring building if the lot upon which it or any part of it has been or will be erected is a lot in any one of the following locations:

No more than one principal structure or use shall occupy a single lot in individual ownership in any single-family detached residential district.

Multiple principal structures shall be permitted in any other zone, but multiple uses may only be established upon approval of the approving agency.

Flag lots may be created in the C and R-40 Residential Zone Districts. Parcels of land having less than double the minimum lot width required for the particular zone but having sufficient area to meet all requirements hereinafter set forth may be subdivided into two lots in such manner that one such lot shall have no less than the required minimum lot width for that zone on an existing road and shall meet all area requirements of the Zoning Ordinance and the principal portion of the other lot shall be to the rear of the first lot. In the event that any parcel has road frontage less than three times the minimum lot width requirements for that zone and that parcel has sufficient area to meet all requirements hereinafter set forth, this parcel may be subdivided into three lots in such a manner that two such lots shall have no less than the minimum lot width requirements for the zone and shall meet all area requirements of the Zoning Ordinance.[3]

The lot created shall contain at least four acres, exclusive of the access strip.

Each flag lot shall have access to an existing public road by way of an access strip which shall be conveyed as part of the flag lot. Such access strip shall have a width of no less than 50 feet fronting such road and shall be at least 50 feet in width from its point of intersection with the road to its point of intersection with the rear line of the flag lot created. This access strip shall remain open and unbuilt upon at all times.

Flag lots shall be created only in connection with an overall development plan for the tract of which the flag lot is a part, and the developer shall demonstrate a need, consistent with good planning principles, for the creation of this lot and further demonstrate that normal subdivision techniques are not practical because of topography, lot or land configurations or other physical characteristics of the land related to the proposed development concept.

All flag lots to be created shall conform to the following:

The screened refuse area shall not be located within any front yard area.

The refuse storage area shall be surrounded on three sides by a solid uniform fence or wall not less than five feet nor more than eight feet in height. Such fence shall be exempt from the provisions of any ordinance of the Township regulating the height of fences and requiring permits therefor.

A five-foot minimum width landscape area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for Land Use Board approval.

The opening in the enclosed refuse area should be located to minimize the view of refuse from adjoining properties or public streets.

If located in or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking area or access drive by curbing.

The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.

All solid waste and recyclable materials shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements.

If outdoor storage of solid waste or recyclable materials is not proposed, the site plan shall detail the methods proposed for accommodating the solid waste or recyclable materials within the structure. The municipal agency may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements even if indoor accommodations are proposed.

When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes outside or on top of any structure, they shall be screened from public view. Said screening may consist of the following:

The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

A zoning permit is required prior to the installation of any generator with a capacity of 25kW or less in any zone district.

For generators with a capacity of 25kW or greater in any nonresidential zone district or for a nonresidential use, a site plan application must be made pursuant to § 490-32. Site plan approval must be obtained from the Land Use Board prior to installation.

Generators larger than 25kW for residential uses must be reviewed by the Township Engineering Department for compliance with noise and setback requirements prior to zoning permit approval.

Generators must follow accessory structure setbacks and meet state noise standards at the property line.

Shipping containers placed on any site shall comply with the provisions of this section, except that portable moving containers/moving pods placed on private property for no more than 30 cumulative days in any 12-month period shall not be regulated by this section.

Nonconforming structures. Structures rendered non-conforming by this section may obtain a certification pursuant to N.J.S.A. 40:55D-68 that a use or structure existed prior to the adoption of the ordinance, which rendered the use or structure nonconforming by applying for a zoning permit, subject to the following conditions:

Temporary shipping containers. Shipping containers or pods under 200 square feet may be placed on the property for more than 30 days and up to 180 days in one calendar year, beginning on the date of the zoning permit approval, provided that the following standards are met:

Permit required. Placement of shipping containers or pods in any zone district requires a zoning permit application. Placement of a shipping container over 200 square feet will also require a building permit application. Shipping containers in commercial or industrial districts shall adhere to additional requirements set forth at § 490-29P(6). Shipping containers of any size located on farm-assessed properties and used for agricultural uses are exempt from this subsection.

Residential districts (non-farm assessed). Permanent shipping containers over 200 square feet are prohibited in residential districts. A shipping container under 200 square feet may be used as permanent storage, but must adhere to the following standards:

Commercial districts and industrial districts.

Residential districts.

Neighborhood Commercial and Village Commercial Districts.

Highway Business, Office and Professional, and Business Park Districts (C-2, O and BP Districts).

Industrial Park District (IP District).

Commercial Recreation District (CR District).

Billboards, except as conditionally permitted in § 490-35R and § 490-35S.

Mobile signs. This type of sign shall include licensed trucks and trailers with advertising signs.

Any flashing, moving or animated or sequentially lighted signs.

Any sign whose lighting or central mechanism causes radio or television interference.

Signs utilizing the colors red or green in their illumination within 100 feet of a street intersection.

Signs that resemble, simulate, or may be mistaken for a traffic sign within 20 feet of a roadway.

Signs that are menaces to public safety.

Roof signs.

Signs affixed to trees, rocks or other natural things.

Signs affixed or painted on water towers or similar structures.

Freestanding pylon signs located in public rights-of-way or approved sight easements.

String banners, string flags, aluminum ribbons or similar attention-getting devices.

Signs that obstruct motorists' vision, traffic signs or signals or business identification signs outside the lot on which the banner is located.

Land development signs. Signs advertising the sale of property or structures in developments of two or more lots and signs advertising the opening or construction of a new business shall be permitted for a period of three months, or until the signing of the contract or transaction of sale or lease of the last lot or structures in the development, or until a certificate of occupancy is issued for a new business, whichever occurs last. Such signs are renewable for cause by the Construction Official. No such sign shall exceed 20 square feet in size and shall otherwise conform to the sign regulations of the affected district. No such sign shall be permitted until subdivision and/or site plan approval, as required, has been granted by the appropriate Jefferson Township board.

"Building under construction" sign. One sign advertising a building under construction that has received site plan approval and has been issued a building permit. The sign shall be no larger than 12 square feet. The sign shall be removed within five days after the issuance of the certificate of occupancy or the installation of approved permanent signs, whichever may be sooner.

Festival, exhibitions, special event or show signs. One sign indicating the location of a festival, exhibition or show is permitted at the location of the event and one directional sign is permitted off site in conjunction with a festival, exhibition or show. A festival, exhibition or show sign shall not exceed 12 square feet. One sign per lot may be installed to announce any educational, charitable, civic, religious or like event. No such sign shall exceed six square feet in area. Special event banners flown over Berkshire Valley Road shall not exceed 100 square feet. The use of any sign or banner described in this subsection shall be limited to a thirty-day period, except that the use of directional signs shall be limited to the days the subject event is occurring.

Banner signs. A maximum of two banner signs shall be permitted at any given time on any property used for commercial purposes within the Township. Such signs shall not exceed 24 square feet in size and shall be located so as not to obstruct traffic, nor obstruct sight distances. Such signs shall not be included in the calculation of permitted permanent signs for any site. The use of any banner sign shall be limited to a thirty-day period.

Sandwich board signs. A maximum of one sandwich board sign shall be permitted at any one time on any property used for commercial purposes within the Township. Such sign shall not exceed 24 square feet in size and the sign shall be removed at the close of the business each day. Such signs shall be located so as not to obstruct traffic, nor obstruct sight distances.

Conform to standards set forth in the preceding sections and the Township Building Code.

All support, braces, hooks, anchors and other fastening devices of any sign shall be of sturdy and substantial construction, shall be kept in good repair and shall be maintained in a clean, safe and orderly appearance.

The owner of the property upon which a sign is located shall be responsible for maintaining the sign and its surroundings.

Indirect or interior lighting is permissible, provided that the source of light will not cause glare upon a street or adjacent property.

Permanent signs shall be located only on the premises of the use or activity to which they are calling attention, except as conditionally permitted in § 490-35R and § 490-35S.

No sign shall be placed as to interfere with or be mistaken for a traffic light or similar safety device.

No sign shall be lighted by means of flashing, intermittent or sequentially lighted illumination. All lights used for the illumination of any use or building or the areas surrounding them or for the illumination or display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the road or roads abutting such business properties. Floodlights used for the illumination of such premises or of any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project above the highest elevation of the front wall of the building, nor shall they reflect onto or into other properties.

No sign as permitted shall extend or project above the highest elevation of the wall to which it is attached or above the height of the building as defined in this chapter.

No sign shall extend further than 15 inches from the face of the building upon which it is attached.

The area of a sign shall be computed as the total square foot content of the background and frame upon which the lettering, illustration or display is presented. If there is no background, the sign area shall be computed as the product of the largest horizontal dimension and the largest vertical dimension of the lettering, illustration or display. Each side of a two-sided sign shall be allowed the maximum permitted area.

All signs shall be limited to noniridescent colors, including the background, with the exception of safety and directional signs of not more than two square feet.

Unless a sign is approved by an approving agency as part of an overall site plan or subdivision approval, before the erection of any sign, a permit shall be required.

Applications. Application for a permit shall be made upon forms.

Fees. The fee for a permit to construct a sign shall be as provided in § 182-2 of the Township Ordinances.

Exemptions. The following signs do not require a permit and are exempt from the provisions of this section:

The following signs or similar signs require a special permit, unless said signs have been approved as part of a site plan or subdivision approval. This permit shall be granted by the Land Use Board subsequent to a finding that the sign conforms to the intent and purposes of this section.

Submission of application; requirements.

Purpose. This subsection is hereby established to regulate the use and placement of billboards. This subsection was carefully crafted to strike a balance between promoting economic development through supporting the interests of local businesses and safeguarding the existing character of the Township. The intent of the ordinance is to create an environment where advertisements serve their intended purpose without compromising the quality of the Township's public spaces. By strategically identifying desired locations of billboards and establishing clear guidelines on the size and design standards, it is the Township's goal to promote responsible visibility for small businesses while preserving the integrity of the Township's existing character.

Lawfully pre-existing nonconforming structures. Lawfully pre-existing structures rendered non-conforming by this subsection (see § 490-30 Attachment A[2]) may obtain a certification pursuant to N.J.S.A. 40:55D-68 that a use or structure lawfully existed prior to the adoption of the ordinance, which rendered the use or structure non-conforming by applying for a zoning permit, subject to the following conditions:

Any billboard sign to be erected under these regulations shall employ sideline blocking technology, adjacent to residential zones and residences.

Double-faced-type and V-type billboard signs shall be permitted only under the terms and conditions of this subsection.

Billboard signs shall only be permitted as freestanding signs.

There shall be a minimum setback for the billboard sign from the lot line nearest to NJSH Route 15 and 23, which shall be not less than 10' as measured from the right-of-way line. The minimum side yard setback shall be a minimum of 20 feet per side yard.

No billboard signs shall interfere with the ability of an operator of a motor vehicle to have a clear and unobstructed view of streets or highways ahead; approaching, merging, or intersecting traffic; or official signs, signals, or traffic control devices.

No billboard sign shall interfere with or contain advertisements that resemble any official traffic sign, signal, or device.

No billboard sign shall be of a type, size, or character, or placed at a location that will endanger or potentially injure public safety or health, or pose a physical threat to property in the vicinity.

No advertisements shall be permitted on any billboard sign that is deemed to violate federal, state, or local law; offensive to the moral standards of the community; false, misleading, or deceptive, or in any way reflect upon the character, integrity, or good standing of any organization or individual.

No billboard sign shall be permitted that has any animated or moving parts or has reflectorized materials that may impair the vision of a motorist.

Billboard dimensional requirements.

Billboard lighting.

Multiple message billboard sign specific standards.

Static message billboard sign specific standards.

Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto, which use does not comply after the effective date of this chapter or any amendment thereto with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied.

A nonconforming building or structure existing at the effective date of this chapter may not be restored in the case of destruction if the cost of restoring is more than 60% of its assessed valuation for taxing purposes, based at 100% of true value of the improvement in accordance with insurance industry standards at the time of destruction, and such restoration must be commenced within 12 months from the date of destruction and must be diligently pursued until completion.

A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part.

A nonconforming use shall not be enlarged or extended, except as provided in Chapter 70, Land Use Procedures.

An existing nonconforming residential building may be expanded only if the following conditions are met:

A nonconforming use shall be deemed to have been abandoned:

A nonconforming use that has been abandoned shall not thereafter be reinstated.

Prior to the issuance of a permit for any development, other than those exemptions listed herein, and as a condition for the issuance of any such permit for development, a site plan of the proposed development must be submitted to and approved by the Land Use Board, in accordance with the requirements of the site plan regulations.

All single- and two-family dwellings and their permitted accessory structures shall be exempt from site plan review.

No application for site plan approval shall be deemed to be complete until and unless the applicant provides proof that no taxes or assessments for local improvements are due or delinquent on the property for which site plan approval is sought. The Land Use Board or approving authority shall not be required to take any action on the application until such time as this requirement is complied with.

At least 18 prints and three copies of the application form shall be submitted to the Clerk of the Land Use Board at least three weeks prior to the regular public meeting of the Land Use Board.

The Clerk shall transmit the prints to the Township Engineer, Planner, Health Officer, Construction Official, Fire Marshal, all Land Use Board members, the Environmental Commission and the Township Forester (if greater than 5,000 square feet of disturbance is proposed), the Director of the Department of Public Works, County Planning Board (when required) and other agencies or officials with jurisdiction over the site plan.

Site plans shall include the following information, where appropriate, at a convenient scale and be prepared by a New Jersey licensed architect, professional engineer, land surveyor or planner:

The owner of record, applicant, scale, Tax Map block and lot numbers, zoning district, person preparing the plan and a signature block for the Chairman and Secretary of the approving agency.

Preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, height and general design or architectural styling if required by the approving agency.

Any other information required by the approving agency which is reasonably necessary to ascertain compliance with the provisions of this chapter.

Minor site plans.

Exempt site plans.

In reviewing the site plan the approving agency shall consider its conformity to the Master Plan and the other codes and ordinances of the Township. Traffic flow, circulation and parking shall be reviewed to ensure the safety of the public and of the users of the facility and to ensure that there is no unreasonable interference with traffic on surrounding streets. The impact on drainage shall be considered to ensure against flooding. Conservation features, aesthetics, landscaping and impact on surrounding development as well as on the entire Township shall be part of the approving agency review.

In its review the approving agency may request recommendations from the Township Traffic Safety Advisory Committee, Recreation Advisory Board or any other local, county, state or federal agency which may have an interest in the particular development for which site plan approval is being sought.

The site plan as approved by the Land Use Board shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the Land Use Board, except as permitted in § 490-32H.

A deviation from an approved site plan or failure to adhere to the conditions of approval shall be deemed as being a violation of this chapter. Said violation shall be sufficient cause to deny or revoke the certificate of occupancy until compliance is assured.

In the event that a particular facility is to be constructed in stages, a site plan for each particular stage shall be required for the issuance of each building permit.

There shall be only one minor site plan approval for any parcel, lot or contiguous parcel.

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.

If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or Construction Official may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with these performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant or specific use in question.

Conditional permit. 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 performance standards established herein, 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 performance standards established herein after completion or installation and operation. Within 30 days after a conditional permit is issued, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all performance standards established herein have been met.

Applicability.

Continued compliance with these performance standards is required and shall be enforced by the Construction Official.

All violations shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and shall be subject to the fines set forth herein.

Whenever, in the opinion of the Construction Official, there is a reasonable probability that any use or occupancy violates any of the performance standards contained herein, the Construction Official is hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the performance standards of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements and analyses.

Regulation of nuisance elements. A "nuisance element" is any solid particle discharge, odor, liquid or solid waste, radiation, noise, vibration, glare, temperature change, fire and explosion hazard or electromagnetic interference which exceeds the performance standards established under this section.

Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at the following locations:

General. 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 of Jefferson. All provisions of Title 7, Chapter 27, N.J.A.C., as amended and as augmented by regulations hereinafter designated, and all the following provisions stated, whichever shall be the more stringent, shall be complied with.

Smoke.

Solid particle discharge.

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 emissions of any odors shall be provided with a secondary safeguard system so that control will be maintained. Table 1 (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 threshold limits of odors.

Liquid wastes. No liquid waste shall be discharged into any watercourse in the Township except as herein provided.

Solid wastes. Each property owner shall:

Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1965, as amended, as well as the New Jersey Radiation Protection Act, N.J.S.A. 26:2D-1 et seq., as amended, whichever shall be more stringent.

Noise.[1] The definitions contained in the Noise Control Regulations of the NJDEP (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.

Vibration.

Glare.

Temperature change. In any zone, any use or process shall not produce a temperature change discernible at the measuring point which shall produce a temperature change of greater than 3° F. within 10 feet of the discharge point or property line, whichever is closer.

Fire and explosion hazards. If it appears that any proposed use structure, process or resulting product or material may constitute a fire or explosion hazard, the approving agency may require the applicant to supply proof of:

Electromagnetic interference. There shall be no electromagnetic interference that:

The landscape plan shall be prepared by a qualified professional, whose name and address shall appear on the plan.

Existing trees and plant material shall be incorporated into the plan to the maximum degree possible, and site design should attempt to preserve significant individual species.

Proposed landscape materials shall be nursery-grown stock only and shall consist of deciduous, evergreen and ground cover species which are typically found in the general area. The species selected shall be appropriate for the site, considering soil and wind conditions, slope, use of the site and purpose of the plantings.

Plan requirements. All landscape plans shall contain the following data:

Occupancy prior to planting. In the case where a building is ready for occupancy at a time of the year when plant installation is not advisable, a temporary certificate of occupancy may be issued (if all other necessary items are in order) if a bond in a form acceptable to the Township Attorney in an amount sufficient to cover the cost of installation has been posted with the Township guaranteeing the installation of the plant material. The temporary certificate of occupancy shall be for a maximum period of six months, and no permanent certificate shall be issued until planting is complete.

Where buffers are required along any rear or side lot lines, they shall consist of a minimum of two staggered rows of evergreens, at least six feet in height when installed and interspersed with low evergreen-type plants. No parking, driveways or accessways shall be permitted in the buffer area. Buffer strip requirements shall be in addition to all rear and side yard requirements.

The Land Use Board may request an opinion from the Township Environmental Commission for its recommendations and, where indicated, require additional buffers than the minimum. To ensure proper protection for adjacent properties, the Land Use Board shall approve species of plants and trees and locations and density of planting proposed in any buffer strip.

It shall be the responsibility of the owner and/or occupant to maintain any plantings in buffer strips and to replace them if they are destroyed or die.

The Land Use Board shall specify the date when buffer plants shall be installed.

A lighting plan shall be included with all site plans, and it shall be prepared by a qualified professional, whose name and address shall appear on the plan.

The maximum height of any light fixture shall be 25 feet.

All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 150°.

For each fixture, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source.

The light intensity provided at ground level shall meet the following illumination objective:

Provisions should be made for reduction of the intensity of illumination to the minimum needed for security purposes when the facility is not in operation. This level shall be 0.2 footcandle minimum within 10 feet of the perimeter of the building on all sides with doors.

The light intensity shall not exceed 0.2 footcandle at the property line.

The above lighting criteria shall be proved by means of providing a point-by-point footcandle grid of the entire property on a twenty-foot grid. Additionally the intensities shall be plotted on a twenty-foot spacing along the property lines.

Construction details shall be provided for all light fixtures showing mounting height, model number and catalog-cut data.

Any revisions or additions to existing site lighting shall require site plan approval from the Land Use Board.

Private piers and docks shall be permitted in all zones where lots have water frontage.

No dock or pier shall be located within 10 feet of a side property line.

The length of a pier shall not exceed the width of the lot at the mean waterline, but in no event shall a pier extend beyond the pierhead line.

No combination of docks and boathouses shall occupy more than 15% of the water lot area within the pierhead line or more than 750 square feet, whichever is less. Irregularly shaped piers and docks may be permitted, but in no case may the total width measured at its widest point and measured parallel to the bulkhead line exceed 30 feet.

The maximum width of residential docks shall be no more than five feet except upon certification of the Zoning Officer that additional widths will not impede boat traffic or water flow. In any event, the maximum width shall not exceed 10 feet.

There shall be not more than one dock, pier or main walk for each lot or for each 100 feet of frontage; except that where a U-shaped dock is proposed, having a space not more than 12 feet between docks shall be permitted.

The distance between piers shall be a minimum of 21 feet.

No dock, pier or main walk shall provide permanent mooring facilities for more than four boats.

In cases where docks or piers are covered, the requirements shall be the same as those required for boathouses.

Boathouses shall be permitted in all zones where lots have water frontage.

No boathouse shall be located within 14 feet of a side property line.

No boathouse shall be closer than 28 feet from a neighboring pier or boathouse.

Any combination of piers, docks, main walks and boathouses shall not occupy more than 15% of the water lot area within the pierhead line. In no case shall a boathouse alone exceed 10% of the water lot area within the pierhead line.

There shall not be more than one boathouse for each lot.

Boathouses shall be located over the water and shall abut the lake shoreline.

Ingress and egress for boats shall be perpendicular to the shoreline.

There shall be no sleeping accommodations or toilet facilities provided in any boathouse.

Marinas shall be permitted only in those zones allowing these uses.

No dock, pier or main walk, as part of a marina, shall be located within 16 feet of a side property line, nor shall a pier within a marina be located closer than 30 feet from a private pier.

No marina shall occupy more than 25% of the water lot area within the pierhead line.

No main walk shall be less than eight feet in width, and no catwalk shall be less than two feet in width.

There shall be permitted more than one main walk or pier, provided that the following requirements are met:

In cases where piers are covered, the maximum height shall not exceed 16 feet above the high-water mark.

No dock, pier, boathouse or marina may be constructed or enlarged unless the owner secures from the Zoning Officer a dock permit. Normal maintenance and repairs shall not require any such permit. Any commercial marina shall, in addition, require a Building Permit from the Construction Code Department.

Prior to the issuance of a building permit for a commercial marina, the Land Use Board shall review and approve a site plan showing, among other things, water and land circulation, parking, moorings, landscaping, signs, and such other data as may be required to permit a competent and thorough review. Compliance with Land Use Board conditions or approval to be made a condition for the issuance of the certificate of occupancy.

Permit applications shall be referred to the marine police for any comments and suggestions as part of a site plan review.

No pier, dock or marina shall extend into any waterway more than 15% of the width of the waterway measured on a line perpendicular to the closest opposite shore or 50 feet, whichever is the lesser. In no event shall any pier, dock or marina extend into any dredged channel or waterway.

The top of any pier, dock or catwalk shall not be less than 14 inches from the high-water elevation.

It shall be the responsibility of the owner of a pier, boathouse or marina to maintain said facility in good condition, free of litter and refuse. If said facility is in danger of becoming a hazard to residents, visitors, swimmers or boats, or could adversely affect navigation by reason of structural members extending or floating into waterways, then the Construction Official shall require the owner to undertake repairs to correct the hazardous situation. If the owner fails to undertake repairs after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense.

The provisions of this section shall be subject to variance by the Land Use Board as prescribed by law, except that any pier, dock, boathouse or marina proposed to be extended beyond the pierhead line or beyond 15% of the width of the waterway shall also be approved by the State Department of Environmental Protection.

Amendments to this section shall be subject to review by the State Natural Resources Council, which shall have 30 days to respond to any proposed amendment.

The following technical details shall apply to all waterfront development:

Application for conditions use. Application for a conditional use shall be made to the Land Use Board. The application shall be made in accordance with the instructions of the Land Use Board and shall be accompanied by a site plan prepared in accordance with the requirements of the Site Plan Ordinance.

Hearing required. The applicant shall give notice pursuant to the requirements of N.J.S.A. 40:55D-12, such notice setting forth the date, time and place of the hearing and the nature of the matter to be considered, pursuant to the authority of N.J.S.A. 40:55D-11, only after such date of the hearing shall have been fixed, after a determination that the application is complete, in accordance with the procedures of the Land Use Board.

Issuance of a permit. The Board shall not order, direct or authorize the issuance of a permit for a conditional use unless it shall find that such use:

All conditional uses shall be subject to site plan approval.

All buildings and structures to be erected on the tract shall be so designed and arranged in order to minimize the impact of the use on the established neighborhood scheme and shall be so designed as to harmonize, as far as possible, with the established architectural scheme of the neighborhood.

A time limit of one year from the date of the conditional use approval shall be set, within which time the applicant shall secure a building permit or, where no building permit is required, a certificate of occupancy for said use. Otherwise, the conditional use approval shall be null and void.

A minimum lot area of 50 acres shall be required.

No structure or parking area shall be located closer than 100 feet to a front, rear or side lot line.

Off-street parking spaces shall be required at the rate of one for each four patrons, to be calculated on the basis of the maximum number of patrons such facility can accommodate at any one time.

No yard shall be less than the height of the facility, nor shall any structure be erected within 100 feet of a conforming residential use.

Adequate parking shall be required, as determined by the Board when considering the proposed use.

Adequate fencing must be provided in accordance with the recommendations of the Board in order to provide protection to the public.

Landscape screening shall be provided and building design shall be of a nature consistent with the character of the neighborhood in which the use is to be located.

A clear demonstration in the environmental impact statement that the public necessity for the use outweighs the negative impacts shall be required.

All campground uses must comply with Chapter 169, Campgrounds, of the Jefferson Code and Chapter XI, Campgrounds, of the New Jersey State Sanitary Code.

For purposes of this chapter, Section 8:22-1.6, Definitions, as contained in Chapter XI, Campgrounds, of the New Jersey State Sanitary Code, is hereby made a part of this chapter as if repeated at length herein.

A minimum lot area of five acres with a minimum frontage of 300 feet shall be required.

The site shall have direct access to an arterial road, and no vehicular access shall be permitted onto any road not classified as a collector or arterial road in the Township of Jefferson Master Plan.

No building shall be located closer than 100 feet to any property line; and further provided that for every foot in height by which a building exceeds the height limit of the zone in which it is located, the building shall be set back one additional foot from any adjoining residential property line.

Off-street parking shall be provided at the rate of 1.5 spaces per bed. Parking areas and driveways shall be located at least 25 feet from a street or residential zone property line.

A minimum lot area of two acres shall be required.

No building shall be located closer than 100 feet to a residential zone property line.

The minimum distance from a motor vehicle service station, motor vehicle repair garage or motor vehicle body repair shop shall be 500 feet, measured by a straight line between the nearest property lines.

Off-street parking shall be provided at the rate of one space per three seats. Parking areas and driveways shall be located at least 25 feet from an intersecting street or residential zone property line.

Landscape screening shall be provided, and building design shall be of a nature consistent with the character of the neighborhood in which the use is to be located.

A minimum lot area of one acre shall be required.

Driveways shall be located at least 100 feet from an intersecting street or residential zone property line.

A minimum lot area of two acres shall be required.

No portion of the building material and storage yard shall be within 500 feet of a motor vehicle service station, residential zone or public meeting place, as measured by a straight line between the limit of the building material and storage yard and the nearest property line of a motor vehicle service station.

Outdoor storage.

Off-street parking shall be provided at the rate of one space per 1,000 square feet of building floor area, plus one space per 5,000 square feet of gross yard area, plus one space per employee on the maximum shift. Parking areas shall be separate and distinct from storage areas. Vehicular circulation, ingress and egress shall not require encroachment into storage areas for purposes other than loading of materials.

A minimum lot area of two acres shall be required.

Warehousing and storage areas must be clearly subordinate to the principal use and may not occupy more than 40% of the floor area of any building.

No outdoor storage of products or materials is permitted.

No building shall be located closer than 100 feet to a residential zone property line.

Landscape screening shall be provided, and building design shall be of a nature consistent with the character of the neighborhood in which the use is to be located.

The minimum lot area shall be 20,000 square feet.

No such facility shall be located closer than 2,000 feet to any other such facility. Said distance shall be measured by driving distance on public roads between the nearest property lines of the respective sites. Where facilities are compared that are on opposite sides of a divided highway with a median barrier, the facilities shall also be a minimum distance of 500 feet apart, as measured by a straight line between the nearest property lines.

No such facility shall be located within 500 feet of a public meeting place, fire house or fire station.

All storage areas, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside. Trash facilities shall be adequately screened and enclosed. All gasoline pumps, air pumps, kiosks and the islands upon which they are normally located shall be set back from all street and property lines at least 30 feet. A minimum of 25 feet shall exist between any two islands and between any island and the service station building. All building structures shall be set back a minimum of 50 feet from all street and property lines, with the exception of setbacks of free standing pump island canopies which shall be a minimum of 10 feet from all property lines and a minimum of 15 feet from street right-of-way lines within 100 feet of street intersections. No structure shall be permitted within 100 feet of a residential district boundary line.

No access shall be located closer than 75 feet to the intersection of two streets, measured along the right-of-way lines extended to the nearest point of said access.

No junked motor vehicle or parts thereof and no unregistered unlicensed motor vehicle shall be stored on the premises of any service station. Not more than six motor vehicles may be located on the premises outside a building for a period not to exceed 10 days, provided that the owners are awaiting the repair of said motor vehicles. All vehicles stored overnight on the premises shall be screened from public and residential view.

No body or fender repairs shall be permitted on any part of the premises.

No motor vehicles, trailers or boats for sale or lease shall be parked, stored or displayed on any part of the premises.

No vending machines shall be permitted out of doors.

Floor drains shall not be connected to any sanitary or storm sewer system, and connection of floor drains to any subsurface containment shall be subject to a New Jersey pollution discharge elimination system permit. A separate grease/oil separation unit shall be installed.

Off-street parking shall be provided at the rate of three spaces per service bay (six minimum), plus one space per employee on the maximum shift, plus one space per service vehicle.

It is intended that service stations be designed compatibly with other permitted uses in the zone in which they are located, that they not be stripped along the available highway frontage or at each quadrant of a convenient intersection and that they be located within shopping centers and in other complexes as an integral part of the overall design. Ingress and egress shall recognize the turning movements generated. The access points shall be coordinated with the access points required for the nearby uses and the frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

There shall be a minimum lot size of five acres.

Nothing herein shall be construed to permit the harboring or keeping of animals, except domestic pets, unless harboring of said animals is permitted under any of the other ordinances of the Township of Jefferson.

Single-family residences may be established on the same lot as farming uses, provided that the lot shall have a minimum area of one acre for said use in addition to the required five-acre minimum set forth above.

All other area, yard and bulk requirements of the zone shall be met.

Farm stands shall be permitted as an accessory use, provided that a minimum of 15 off-street parking spaces are provided, the farm stand is located at least 100 feet from the side and rear property line and no access to the stand shall be located closer than 50 feet to the intersection of two streets measured along the right-of-way lines extended to the nearest point of said access.

Cannabis cultivator, manufacturer, wholesaler or distributor. A cannabis cultivator, manufacturer, wholesaler, or distributor shall meet the following conditions and standards when permitted as a conditional use:

Cannabis retailer and cannabis delivery. Cannabis retailers and cannabis delivery services that operate from a business located within Jefferson Township shall meet the following conditions and standards when permitted as a conditional use:

Off-street parking for more than three vehicles shall be located in the rear yard and adequately screened from adjacent residential uses to prevent headlight glare.

The minimum lot area shall be 10 acres.

No building shall be located closer than 150 feet to a residential use or residential zone property line, nor 200 feet from a stream or body of water.

Off-street parking shall be provided at the rate of 1.1 spaces per employee for single shift operations and 1.25 per employee on the maximum shift for consecutive shift operations. Off-street parking shall be located no closer than 100 feet to a residential use or residential zone property line.

Landscape screening shall be provided, and building design shall be of a nature consistent with the character of the neighborhood in which the use is to be located.

No outdoor storage of products, materials or containers shall be permitted.

All parking, access roads and buildings shall be drained to a stormwater management facility to ensure water quality and prevent seepage into the ground.

All parking and access roads shall be paved.

All required truck queuing areas shall be within the limits of the site and shall be capable of storing the maximum anticipated number of vehicles.

A traffic study shall be submitted as part of the site plan review which shall show that the route of all trucks will be directed to an arterial road without having to pass through a residential district prior to reaching the arterial road.

A stormwater management plan shall be submitted as part of the site plan review, which plan shall address surface water runoff quality and its effect on surrounding wells, streams and water bodies. All wells, streams and water bodies within 1,000 feet of the site shall be identified and individually and specifically addressed.

An operating and maintenance plan for the facility shall be submitted as part of the site plan review.

Prior to the issuance of a certificate of occupancy, an environmental preservation bond shall be submitted to the Township in an amount as recommended by the Land Use Board to cover the cost of any on-site or off-site environmental restoration that may realistically result as a result of the construction and/or operation of the facility.

Only studio units, one-bedroom units and two-bedroom units are permitted.

The residential units shall have a separate and direct entrance via an unobstructed passageway from the ground.

The residential entrance shall provide adequate interior space for mailboxes and package deliveries.

No boarders shall be permitted to occupy such apartments, nor shall any portion of the space within the apartment be sublet or rented out for any period of time.

The residential use shall be incidental to the commercial use, shall be located in the principal building and shall only be available above the ground floor of the permitted commercial use.

Off-street parking shall be in addition to the required parking for the commercial use and shall be provided in accordance with New Jersey Residential Site Improvement Standards.

The terms used in this section are defined in § 490-30A.

Billboard signs must comply with § 490-30J, "General billboard regulations."

Compliance with State laws for billboard signs.

Billboard sign location restrictions.

The terms used in this section are defined in § 490-30A.

Off-premises identification signs shall only be permitted in a gateway area as defined in § 490-30A.

Compliance with State laws for off-premises identification signs.

The maximum off-premises identification sign area shall be 20 square feet.

The length or height of an off-premises identification sign may not exceed 10 feet.

There shall be a minimum setback for the off-premises identification sign from the lot line nearest to NJSH Route 15 and 23, which shall be not less than 10' as measured from the right-of-way line. The minimum side yard setback shall be a minimum of 20 feet per side yard.

The off-premises identification sign shall be located within four miles of the business, commodity, service, or entertainment conducted, sold, or offered off-site.

The off-premises identification sign may be an additional freestanding sign on a subject property.

Off-premises identification signs shall not be changeable copy signs.

Off-premises identification signs shall adhere to the lighting standards of § 490-30L.

There is hereby permitted to be erected in any industrial or commercial zone district of the Township a telecommunications tower or antenna on any conforming lot; provided, however, that such tower or antenna shall be set back from the boundary of any existing off-site residential lot, including a lot zoned for residential use and/or having located thereon an existing residence, a distance at least equal to 125% of the height of the tower. In addition, in any industrial or commercial zone of the Township there shall be permitted an antenna to be erected on any existing structure other than a tower (such as a building, sign, light pole, water tower or other freestanding, nonresidential structure) that is 50 feet in height or greater, so long as said antenna protrudes no more than 20 feet from the height of said existing structure, provided that said antenna meets the one-hundred-twenty-five-percent setback requirement as set forth in this subsection and the overall height requirement of 120 feet as set forth in Subsection A(2).

There shall be permitted in any zone of the Township the installation of an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower, and provided that such installation shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna, and further, providing that the total height of the tower does not exceed 120 feet.

Any installation of an antenna or tower shall require site plan approval pursuant to § 490-32 of the Township Code. In addition to the information required in said section, applicants for site plan approval for a tower or antenna shall submit the following:

In addition to any standards for consideration of site plan approval applications pursuant to § 490-32 of this chapter, the appropriate Township board shall consider the following factors in determining whether to issue site plan approval or conditions for approval:

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the appropriate Township board may waive such requirements as it deems appropriate.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the appropriate Township board may waive such requirements if the goals of this chapter would be better served thereby.

The equipment cabinet or structure used in association with antennas shall comply with the following:

Aesthetics. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding buildings. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the appropriate Township body may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

Signs. No signs or other nonessential accouterments shall be allowed on any antenna or tower with the exception of warning signs or other signs required by federal, state or local law.