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.
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.
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.
Animals shall be a permitted use in any residential zone; provided,
however, that they adhere to the following:
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.
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.
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.
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.
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.
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.
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)
IMPROVED PUBLIC STREET
(a)
(b)
(c)
SEMI-IMPROVED PUBLIC STREET
(a)
(b)
As used in this subsection, the following terms shall have the
meanings indicated:
A street meeting all of the following requirements:
A dedicated public right-of-way of at least 33 feet.
Constructed with a suitable base and a hard surface treatment
of 24 feet in width.
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.
A street meeting all of the following requirements:
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.
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.
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.
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.
[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.
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.
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.
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.
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.
Wherever feasible, all of the following shall be preserved in
their natural state:
No lot utilized for single-family or two-family dwelling purposes
shall contain more than one principal building.
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.
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
cut. 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.
[Amended 12-9-1996 by Ord. No. 26-96]
(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 regularly
maintained. 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.
[Added 6-12-2006 by Ord. No. 12-06[1]]
[1]
Editor's Note: This ordinance also repealed original § 109-151B(2)
of the 1972 Code, regarding refuse storage areas, which immediately
followed this subsection.
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.
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.
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.
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.
[Amended 2-9-1998 by Ord. No. 4-98]
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 one of the following
characteristics:
(1)
The same basic dimensions are used without substantial differentiation
of one or more exterior elevations.
(2)
The same basic dimensions are used without substantial change
in orientation of the houses on the lots.
(3)
The height and designs of the roofs are without substantial
change in design and appearance.
(4)
The size, type and location of windows and doors in the front
elevation are without substantial differentiation.
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.
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.
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.
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.
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.
[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.
[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.
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.
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.
[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.
COMMERCIAL AGRICULTURE
FARM
HOME AGRICULTURE
Definitions. For the purposes of interpretation of this chapter,
the following definitions shall apply:
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.
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.
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.
[Added 9-13-2016 by Ord.
No. 21-16]
A.
OFFICE TRAILER
PORTABLE STORAGE STRUCTURE
Definitions. The following definitions shall apply to this section:
A trailer, portable temporary container, or portable structure
with or without axles and wheels used for any nonresidential or nonstorage
activity at a site.
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.
[Added 3-16-2017 by Ord.
No. 03-17]
A.
All uses not expressly permitted in any given district are expressly
prohibited in such district. No structure or addition thereto shall
be built, moved or remodeled, and no land shall be used, occupied,
reoccupied, designed or improved for use or occupancy, except for
a use that is expressly permitted within the zone.
