Off-street parking spaces for the storage or parking of passenger vehicles hereafter erected or enlarged shall be provided and kept available in accessory private garages or in accessory private parking areas in amounts not less than specified in this section, provided that nothing in this section shall prevent the repairing, reconstruction or rebuilding without enlargement and the continued use, pursuant to Chapter 70, Land Use Procedures, of any building or structure lawfully existing at the effective date of this chapter.
A.
Accessory garages or parking areas for residential
uses. In all districts the minimum required number of parking spaces
to be provided in private garages or private parking areas accessory
to a main building devoted in whole or in part to residential uses
permitted in any given district shall be in accordance with the following
regulations:
B.
Accessory garages or parking areas for nonresidential
uses. In all districts, the minimum required number of parking spaces
to be provided in private garages or private parking areas accessory
to main buildings or structures or uses of land permitted in any given
district shall be in accordance with the following regulations:
|
OFF-STREET PARKING REQUIREMENTS
| |||
|---|---|---|---|
|
Nonresidential Land Use
|
Required Off-Street Parking Spaces Per
Indicated Area
| ||
|
Automobile sales
|
1 per employee plus 1 per 10 cars displayed
| ||
|
Assembly operations
|
1 per 800 square feet GFA
| ||
|
Bar
|
1 per 2 seats
| ||
|
Bowling alley
|
4 per alley
| ||
|
Car wash
|
10 per washing lane
| ||
|
Church/synagogue
|
1 per 3 seats
| ||
|
Coin-operated laundries
|
0.5 per wash/dry-clean machine
| ||
|
Day-care center
|
1 per employee, plus 0.1 per person of licensed
capacity enrollment
| ||
|
Fiduciary institutions
|
1 per 300 square feet GFA
| ||
|
Finishing operations
|
1 per 800 square feet GFA
| ||
|
Hotel and motels
|
0.7 per guest room, plus 10 per 1,000 square
feet GFA non-room area
| ||
|
Industrial
|
1 per 800 square feet GFA
| ||
|
Library
|
1 per 300 square feet GFA
| ||
|
Manufacturing
|
1 per 800 square feet GFA
| ||
|
Medical center
|
1 per 250 square feet GFA
| ||
|
Neighborhood convenience center
|
4 per 1,000 square feet GLA
| ||
|
Nightclub
|
1 per 3 seats or 1 space per 2 persons at maximum
occupancy loading, whichever is greater
| ||
|
Offices
| |||
|
Under 49,999 square feet
|
4.5 per 1,000 square feet GFA
| ||
|
50,000 to 99,999 square feet GFA
|
4 per 1,000 square feet GFA
| ||
|
100,000 or more square feet GFA
|
3.5 per 1,000 square feet GFA
| ||
|
Receiving
|
1 per 5,000 square feet GFA
| ||
|
Research
|
1 per 1,000 square feet GFA
| ||
|
Restaurant with no take-out service
|
1 per 3 seats
| ||
|
Fast-food restaurant and restaurant with take-out
service
|
17 per 1,000 square feet GLA for kitchen, serving
counter and waiting areas, plus 0.5 per seat provided
| ||
|
Retail store
|
1 per 200 square feet GFA
| ||
|
Schools
| |||
|
Elementary
|
1.5 per classroom; but not less than 1 per teacher
and staff
| ||
|
Intermediate
|
2.5 per classroom; but not less than 1 per teacher
and staff
| ||
|
Secondary
|
2.5 per classroom; but not less than 1 per teacher
and staff
| ||
|
Service station
|
4 per bay and work area
| ||
|
Shipping
|
1 per 5,000 square feet GFA
| ||
|
Shopping center
| |||
|
Under 400,000 square feet GLA
|
4 per 1,000 square feet GLA
| ||
|
400,000 to 599,999 square feet GLA
|
4.5 per 1,000 square feet GLA
| ||
|
600,000 or more square feet GLA
|
5 per 1,000 square feet GLA
| ||
|
Storage areas
|
1 per 5,000 square feet GLA
| ||
|
Theater
|
1 per 3 seats
| ||
|
Theater in shopping center
|
1 per 4 seats
| ||
|
Warehouse
|
1 per 5,000 square feet GFA
| ||
|
Community buildings, country clubs, social halls,
lodges, fraternal organizations and similar uses
|
1 per 200 square feet GFA
| ||
|
Doctors and dentists
|
4 per doctor, plus 1 for each employee, or 1.5
per examining/treatment room, plus 1 per each employee, whichever
is greater
| ||
|
Funeral homes and mortuaries
|
1 per 50 square feet of chapel area
| ||
|
Hospital, nursing and convalescing homes
|
1 for each bed, plus 1 space for each employee
for the shift with the greatest number of employees
| ||
|
NOTES:
|
GFA = gross floor area
| |
|
GLA = gross leasable area
|
C.
Required off-street truck loading spaces. Every nonresidential
building or structure, lot or land hereafter put into use shall be
provided with off-street truck loading spaces in accordance with the
following schedule:
|
Gross Floor Area
(square feet)
|
Required Number of Off-Street Truck Loading
Spaces
| |
|---|---|---|
|
0 to 25,000
|
1
| |
|
25,000 to 40,000
|
2
| |
|
40,000 to 100,000
|
3
| |
|
Each additional 60,000
|
1 additional
|
D.
Access driveways and parking aisles.
(1)
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.
(2)
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.
(3)
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:
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
| |
|---|---|---|
|
30
|
12
| |
|
45
|
13
| |
|
60
|
18
| |
|
90
|
24
|
E.
Parking areas. Accessory parking areas and off-street
truck loading spaces shall be suitably paved, drained and lighted
and appropriately planted and fenced for the protection of the adjacent
residential properties, in accordance with specifications of the Township.
Driveways and parking areas shall be so designed to assure ease of
mobility, ample clearance and convenient access, egress and safety
of vehicles and pedestrians. Such facilities shall be maintained in
good condition by the owner.
(1)
An access drive may be located within any required
yard.
(2)
No required parking area or off-street truck loading
space shall be encroached upon by buildings, open storage or other
use.
(3)
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.
(4)
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.
(5)
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.
(7)
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.
(8)
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.
(9)
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:
(a)
The width of the safety island shall be that
width between the proposed curbline to a point eight feet inside the
property line. When this width is less than 18 feet, the parking area
shall be reduced to provide a minimum width for the safety island
of 18 feet. All required tree and shrub plantings shall be placed
on the on-site portion of the safety island.
(b)
When perpendicular or angled parking spaces
abut the safety island, the stall depth shall be measured from a point
one foot outside the face of the curb for perpendicular spaces or
angled spaces greater than sixty-degree angle spaces. Such parking
spaces shall be separated from access drives by curbed islands with
a minimum width of 10 feet.
(c)
Safety islands shall be landscaped, topsoiled
and seeded, except that they may, as an alternative to seeding, be
provided with a cover or mulch of maintenance-free materials which
provide a clear and unmistakable distinction between the parking area
and the safety island.
(d)
Notwithstanding the use of maintenance-free
materials, there shall be provided at least one deciduous tree two
inches in diameter at breast height every 40 feet, or part thereof,
on all for plantings if necessary for traffic safety. The area between
trees shall be planted with a minimum of three evergreen-type shrubs.
The portions of the safety island within 25 feet of any access drive
or street intersection shall be planted with evergreen shrubs less
than 30 inches in height. Alternate or additional plantings may be
permitted by the municipal agency in accordance with an approved site
plan.
(e)
No commercial signs, light standards or other
aboveground obstructions other than plantings shall be permitted within
10 feet of the street right-of-way.
(10)
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.
(11)
Parking lots which have a capacity for parking
more than 50 vehicles shall incorporate the following minimum design
standards:
(a)
All entrances shall extend a minimum distance
of 100 feet back from the street curbline or to an access aisle.
(b)
All exit drives shall extend a minimum distance
of 60 feet back from the street curb or access aisle.
(c)
No parking stalls shall utilize the required
entrance and exit drives or major circulation drives as access aisles.
F.
Exemptions and exceptions. The provisions of Subsections A, B and C shall not apply to any building, structure or use lawfully in existence at the effective date of this chapter, whether continued as a permitted or a nonconforming use or thereafter converted or changed without enlargement to a different lawful use.
A.
The placement of a private garage or other accessory
building or use shall be subject to the following requirements in
all districts where applicable:
(1)
No accessory building shall be constructed within
five feet of any side or rear lot line.
(2)
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.
(3)
No private garage or other accessory building in any
district, if detached, shall be placed within 10 feet of the main
building.
(4)
Accessory private garages may be constructed within
or under any portion of a main building.
(5)
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.
(6)
No private garage or other accessory building shall
exceed two stories or 22 feet in height.
[Amended 12-3-2003 by Ord. No. 32-03]
(7)
No accessory building, including a private garage,
shall be located in the required front yard.
[Added 12-3-2003 by Ord. No. 32-03]
(8)
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:
[Added 12-3-2003 by Ord. No. 32-03]
B.
Private garages and parking areas.
(1)
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.
(2)
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.
(3)
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.
(4)
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:
[Amended 12-6-2000 by Ord. No. 17-00; 2-21-2001 by Ord. No.
7-01]
(a)
Vans: fully enclosed, single-chassis, nonsegmented
body with driver's seating area not physically separate from other
passenger or cargo area (except trunk), not more than 20 feet long
or nine feet high, or not exceeding 10,000 pounds' gross weight.
[Amended 5-5-2004 by Ord. No. 11-04]
(b)
Pickup trucks not exceeding 10,000 pounds' registered
gross weight or not exceeding 20 feet in length or nine feet in height.
[Amended 5-5-2004 by Ord. No. 11-04]
(c)
Fire and rescue, first responder vehicles not
exceeding 12,000 pounds registered gross weight, not more than 20
feet in length and 10 feet high and having no more than two axles.
(d)
Emergency vehicles, specifically tow trucks,
wreckers and flatbeds while on call. Any tow truck, wrecker or flatbed
may not store towed vehicles in residential districts for more than
12 hours after initial pickup of vehicle, and any such towed vehicle
must remain attached to the tow truck. No repairs are to be made to
towed vehicles from an emergency response in a residential district.
(e)
Snowplow trucks while on call to the Township
of Jefferson. Snowplow trucks not exceeding 32,000 pounds' registered
gross weight and having no more than two axles. This exception is
valid from November 1 to April 1 of each year. No tandem axle dump
trucks are permitted. Personal pickup trucks that are equipped with
snowplows may not exceed specifications set forth in pickup truck
subsection above.
(f)
School buses: fully enclosed, single-chassis,
nonsegmented body with driver's seating area not physically separated
from other passenger or cargo area; not more than two axles, or more
than 20 feet in length and 10 feet high and not exceeding 10,000 pounds'
registered gross weight.[1]
[1]
Editor's Note: Former § 137-25B(4)(g),
Restrictions to exemptions, which previously followed this subsection,
was repealed 5-5-2004 by Ord. No. 11-04.
C.
Lot width. Lots with their entire lot frontage on
a cul-de-sac may reduce the required lot width of that stipulated
for the district in question to 2/3 of the required value.
D.
Height.
(1)
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.
(2)
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:
(3)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
E.
Yards and courts.
(1)
The space in a required front yard, rear yard or side
yard shall be open and unobstructed, except for:
(a)
An unroofed balcony or terrace projecting not
more than 10 feet into the front yard or rear yard.
(b)
Steps giving access to a porch or first-floor
entry door.
(c)
A deck or patio, as defined by this chapter,
shall be permitted in a rear yard or side yard area, provided that
it is no closer than 10 feet to the rear yard or side yard boundary
line.
(d)
Other projections specifically authorized in § 490-29E(2) and (3).
(2)
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.
(3)
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.
[Amended 2-16-2005 by Ord. No. 4-05]
(4)
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.
[Amended 7-14-1999 by Ord. No. 25-99]
F.
Corner clearance.
(1)
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.
(2)
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.
(3)
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.
G.
Through lots. Where a lot extends through from street
to street, the applicable front yard regulations shall apply on both
street frontages.
H.
Lots adjacent to corner lots. The minimum required
side yard of a lot in a residential zone on the side immediately adjacent
to the rear lot line of a developed corner lot shall be 10 feet in
excess of the specified side yard for the residential zone in question,
for the full depth against all adjacent properties.
I.
Private outdoor swimming pools.[2] A private outdoor swimming pool shall not be located,
constructed or maintained on any lot or land area except in conformity
with the following requirements:
(1)
Such pool shall be located in a rear yard only.
(2)
Such pool shall be not less than six feet from any
side or rear lot lines and 10 feet from the main building.
(3)
Such pool shall not occupy more than 25% of the rear
yard area, excluding all private garages or other accessory buildings
or structures.
J.
Elevations of single-family dwellings.
(1)
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:
(a)
Height above natural grade surrounding the building
of the main roof ridge or, in the case of a building with a flat roof,
the highest point of the roof beams above the elevation of the first
floor.
(b)
Height of the main roof ridge above the top
of the plate. All flat roofs shall be deemed identical in this dimension.
(c)
Length of the main roof ridge; in the case of
a building with a flat roof, the length of the main roof.
(d)
Width between outside walls at the ends of the
building, as measured under the main roof at right angles to the length
thereof.
(e)
Relative location of windows in the front elevation
or in each of both side elevations with respect to each other and
with respect to any door, chimney, porch or attached garage in the
same elevation.
(f)
In the front elevation, both relative location
with respect to each other of garage (if attached), porch, if any,
and the remainder of the building and either the height of any portion
of the building located outside the limits of the main roof, as measured
from the elevation of the first floor to the roof ridge or, in the
case of a flat roof, the highest point of the roof beams or the width
of said portion of the building if it has a gable in the front elevation,
otherwise the length of said roof ridge or said flat roof in the front
elevation.
(2)
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.
(3)
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.
(4)
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:
K.
Principal structures and uses.
(1)
No more than one principal structure or use shall
occupy a single lot in individual ownership in any single-family detached
residential district.
(2)
Multiple principal structures shall be permitted in
any other zone, but multiple uses may only be established upon approval
of the approving agency.
L.
Flag lot subdivision.
(1)
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]
(2)
The lot created shall contain at least four acres,
exclusive of the access strip.
(3)
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.
(4)
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.
(5)
All flag lots to be created shall conform to the following:
(a)
The lot shall be deemed to front on such access
strip, and the required lot width at the street line shall be measured
along that access strip, and all other requirements of the appropriate
zone district shall relate to the access strip.
(b)
The entire portion of the required lot area
shall be on one side of the access strip.
(c)
Such flag lot shall not be further subdivided, nor may the access strip be used as access to any other lot or tract of land, unless all improvements required by Chapter 435, Subdivision of Land, have been installed, including the construction of a street or road leading from the public road to all lots proposed to be served, which meets all of the design and construction standards as set forth in Chapter 435, Subdivision of Land, of this Code.
M.
Solid waste and recyclable materials storage. Solid
wastes and recyclable material from all uses other than single- or
two-family homes, if stored outdoors, shall be placed in metal receptacles
within a screened refuse area subject to the following minimum standards:
(1)
The screened refuse area shall not be located within
any front yard area.
(2)
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.
(3)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
(4)
The opening in the enclosed refuse area should be
located to minimize the view of refuse from adjoining properties or
public streets.
(5)
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.
(6)
The enclosed refuse area shall not be located so as
to interfere with traffic circulation or the parking of vehicles.
(7)
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.
(8)
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.
N.
Screening of equipment or machinery.
(1)
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:
(a)
Densely planted evergreen shrubs which shall
grow to not less than five feet after one growing season; and
(b)
A solid and uniform fence at least five feet
in height on four sides of the equipment; or
(c)
A masonry wall at least five feet in height
on four sides of the equipment; or
(d)
Extensions or parapet walls or mansard roof
lines or structural or ornamental screens or baffles; or
(e)
Any similar types of solid or uniform screening
which will prevent exposure of such equipment from public view.
(2)
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.
[Amended 2-16-2005 by Ord. No. 4-05; 5-2-2007 by Ord. No.
4-07; 11-11-2009 by Ord. No. 30-09; 12-18-2019 by Ord. No. 19-28; 9-14-2021 by Ord. No. 21-21]
A.
ATTACHED SIGN
BANNER SIGN
BILLBOARD SIGN
FREESTANDING SIGN
SIGN
SIGN HEIGHT
SIGN, ANIMATED OR MOVING
SIGN, AWNING
SIGN, BUSINESS
SIGN, CONSTRUCTION
SIGN, DIRECTIONAL
SIGN, EXHIBITIONS
SIGN, FREESTANDING
SIGN, FLASHING
SIGN, GROUND
SIGN, HANGING
SIGN, HOME OCCUPATION
SIGN, IDENTIFICATION
SIGN, ILLUMINATED
SIGN, NONCONFORMING
SIGN, PORTABLE
SIGN, PROJECTING
SIGN, REAL ESTATE
SIGN, ROOF
SIGN, SPECIAL EVENT
SIGN, TEMPORARY
SIGN, WINDOW
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any sign on or affixed to any exterior surface of a building,
provided such sign does not project beyond six inches from said exterior
surface, does not project past any exterior corner of the building
or project beyond any portion of the roof.
Any sign printed or displayed upon cloth or other flexible
material, with or without frames.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
Any permanent sign which is not attached to the exterior
surface of a building, window or canopy and excluding movable signs.
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, that is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by means
including words, letters, figures, design, symbols, fixtures, colors,
illumination or projected images.
The height of any sign shall mean the distance between the
ground and the highest structural component.
Any sign or part of a sign that changes physical position
or light intensity by any movement or rotation or that gives the visual
impression of such movement or rotation.
A sign mounted, painted or attached to an awning or other
window or door canopy that is otherwise permitted by ordinance.
A sign which specifically or directly calls attention to
a business or profession conducted or to a commodity, service or entertainment
sold or offered upon the premises where such a sign is located or
to which it is affixed.
A sign erected on the premises where construction is taking
place, during the period of such construction, indicating the names
of the architects, engineers, landscape architects, contractor or
similar artisans, and the owners, financial supporters, sponsors,
and similar individuals or firms having a role or interest with respect
to the structure or project.
Signs limited to directional messages such as "one way,"
"entrance," and "exit."
A sign posted in conjunction with a permitted exhibition.
Any nonmovable sign not affixed to a building.
Any directly or indirectly illuminated sign that exhibits
changing natural or artificial light or color effects by any means
whatsoever.
A freestanding sign, other than a pole sign, in which the
entire bottom is in contact with or is close to the ground.
A freestanding sign supported by the extended arm of a single
pole with the top edge of the sign face not exceeding eight feet above
grade level.
A sign containing only the name and occupation of a permitted
home occupation.
A sign giving the nature, logo, trademark or other identifying
symbol; address; or any combination of the name, symbol, and address
of a building, business, development or establishment on the premises
where it is located.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
A sign lawfully erected and maintained prior to the adoption
of the current section that does not conform with the requirements
of the current section.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designated to be transported, including,
but not limited to, signs to be transported on wheels; sandwich board
signs; and signs on balloons and umbrellas.
A sign that is wholly or partly dependent upon a building
for support and that projects more than 12 inches from such building.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
A sign that is mounted on the roof of a building or that
is wholly dependent upon the building for support and that projects
above the top edge or roofline of a building with a flat roof, the
eave line of a building with a gambrel, gable or hip roof, or the
deckline of a building with a mansard roof.
A sign advertising a public or quasi-public event that is
sponsored by a nonprofit or governmental agency.
A permanent sign that is painted or mounted onto a windowpane,
or that is hung directly inside a window solely for the purpose or
effect of identifying any premises from the sidewalk or street, or
a temporary sign advertising events or products.
B.
Permitted signs. In all districts, the maximum permitted sizes of
signs of each listed type shall be in accordance with the regulations
contained in the following schedule:
(1)
Residential districts.
(a)
The following kinds of signs are permitted in residential zone
districts:
(b)
One customary professional, home occupation sign or nameplate
sign not more than two square feet in area, which may be illuminated,
provided that the sign is not internally lit and the direct source
of light is shielded in such a manner that it is not visible from
the street nor any adjoining residential property, unless a porch
light or lamppost light.
(c)
No permanent sign except a sign attached to a mailbox shall
be closer than 15 feet to a property line.
(d)
A nonilluminated sign pertaining to the lease or sale of the
premises upon which it is placed not exceeding four square feet. Such
signs shall be removed within seven days after signing the contract
for sale, the signing of a sale transaction or the execution of a
lease.
(e)
Real estate "open house" nonilluminated sign. One sign, in addition
to the "for sale" sign, may be placed on the subject property. The
sign shall not exceed six square feet in size and may be placed up
to seven days prior to the open house and shall be removed immediately
following the open house.
(f)
Subdivision developments involving six or more residential lots
may contain a sign advertising the sale of the dwellings contained
therein, as approved by the Land Use Board, as follows:
[1]
One nonilluminated sign no larger than eight square feet shall
be permitted at each entrance of the development. In addition, nonilluminated
trade and professional signs no larger than four square feet shall
be permitted on the lots being developed.
[2]
All signs permitted under this section shall be removed within
seven days after signing the contract for sale, signing of a sale
transaction or the execution of a lease of the last house in the development.
(g)
Agricultural uses may have the following signs:
[1]
Two signs advertising the sale and price of seasonal and farm
produce, provided that the total area of such signs does not exceed
32 square feet.
[2]
One identification sign of not more than two square feet, which
may be indirectly illuminated, stating the name of the agricultural
use, the address and the name of the owner.
(h)
Permitted identification signs for a subdivision development
shall not be larger than eight square feet at each entrance.
(i)
Permitted identification signs for a multifamily residential
complex shall not be larger than 12 square feet at each entrance.
(j)
The height of a freestanding sign shall not exceed four feet.
(2)
Neighborhood Commercial and Village Commercial Districts.
(b)
A total of two signs, one of any category of sign listed above,
shall be permitted for each use. (Temporary signs, political speech
signs and window signs occupying less than 50% of the glass area are
exempt from this count.)
(d)
No freestanding sign shall be closer than 10 feet from the right-of-way
or exceed a height of eight feet. A freestanding sign shall be permitted
only where there is a thirty-foot front yard and where landscaping
is provided. The determination as to adequate space and landscaping
will be made by the Land Use Board during the review of the sign application.
(e)
No attached sign or projecting sign shall be installed that
projects above the roofline of the structure or facade to which it
is attached.
(f)
A nonilluminated sign, pertaining to the lease or sale of the
premises upon which it is placed, not exceeding four square feet.
Such signs shall be removed within seven days after signing the contract
for sale, the signing of a sale transaction or the execution of a
lease.
(g)
Real estate "open house" nonilluminated sign. One sign, in addition
to the "for sale" sign, may be placed on the subject property. The
sign shall not exceed six square feet in size and may be placed up
to seven days prior to the open house and shall be removed immediately
following the open house.
(3)
Highway Business, Office and Professional, and Business Park Districts
(C-2, O and BP Districts).
(b)
One freestanding sign is permitted for each commercial property
and, where multiple uses are located on one commercial property, the
freestanding signage for each use must be accommodated on one sign.
(c)
One attached sign or awning sign is permitted for each use.
(Temporary signs, political speech signs and window signs occupying
up to 50% of the window are not included in this count.)
(d)
The maximum area for each kind of sign is as follows:
[2]
Attached or awning signs:
[a]
Zero to 1,000 square feet storefront: 5% or 50
square feet of facade, whichever is less.
[b]
1,001 to 2,000 square feet storefront: 5% or 50
square feet of facade, whichever is larger.
[c]
2,001 to 4,000 square feet storefront: 4% or 100
square feet of facade, whichever is larger.
[d]
4,001 square feet and over storefront: 3.5% or
150 square feet of facade, whichever is larger.
(e)
Changeable message signs are permitted in conjunction with an
attached or freestanding sign and must be accommodated so that the
area of all signage does not exceed the total area permitted.
(f)
The height of the freestanding sign shall not exceed 24 feet
and the horizontal edge of the display area shall be a minimum of
three feet from the ground.
(g)
A freestanding sign shall be set back 10 feet from the public
right-of-way.
(h)
The upper horizontal edge of an attached or awning sign shall
not be installed higher than the extent of the vertical wall to which
it is attached.
(i)
Both internal and external sign lighting is permitted; however,
lighting shall not produce glare.
(j)
Signs permitted at automobile sales, service and vehicle rental
establishments.
[1]
The following kinds of signs are permitted:
[3]
The maximum size of signs permitted shall be limited as follows:
[4]
A freestanding sign shall have a maximum of two sides.
[5]
No freestanding sign shall be located closer than 10 feet from
the right-of-way and exceed 24 feet in height. The height of the freestanding
sign shall not exceed 24 feet and the horizontal edge of the display
area shall be a minimum of 10 feet from the ground.
[6]
One sign located inside the property line and specifically advertising
special seasonal servicing shall be permitted, provided that the sign
does not exceed seven square feet in area. The use of any such seasonal
servicing sign shall be limited to a thirty-day period.
[7]
Directional signs displayed over individual entrance doors or
bays consisting only of the words "washing," "lubrication," "repairs,"
"mechanic on duty," or other closely similar words shall be permitted,
provided that there shall only be one such sign over each entrance
or bay, the letters thereof shall not exceed 12 inches in height,
and the total area of each sign shall not exceed two square feet.
[8]
Both internal and external sign lighting is permitted; however,
lighting shall not produce glare.
(k)
A nonilluminated sign pertaining to the lease or sale of the
premises upon which it is placed not exceeding four square feet. Such
signs shall be removed within seven days after signing the contract
for sale, the signing of a sale transaction or the execution of a
lease.
(l)
Real estate "open house" nonilluminated sign. One sign, in addition
to the "for sale" sign, may be placed on the subject property. The
sign shall not exceed six square feet in size and may be placed up
to seven days prior to the open house and shall be removed immediately
following the open house.
(4)
Industrial Park District (IP District).
(b)
No more than one freestanding sign and one attached sign is
permitted for any use. Where there is more than one use on said property,
the freestanding sign for each use must be accommodated on one sign.
(d)
No permanent sign shall be installed closer than 10 feet from
the property line or higher than the extent of the vertical wall.
(e)
Both internal and external sign lighting is permitted; however,
lighting shall not produce glare.
(f)
A nonilluminated sign pertaining to the lease or sale of the
premises upon which it is placed, not exceeding four square feet.
Such signs shall be removed within seven days after signing the contract
for sale, the signing of a sale transaction or the execution of a
lease.
(g)
Real estate "open house" nonilluminated sign. One sign, in addition
to the "for sale" sign, may be placed on the subject property. The
sign shall not exceed six square feet in size and may be placed up
to seven days prior to the open house and shall be removed immediately
following the open house.
(5)
Commercial Recreation District (CR District).
(b)
No more than one freestanding sign is permitted. Where there
is more than one use on said property, the freestanding sign for each
use must be accommodated on one sign.
(d)
The height of the freestanding sign shall not exceed 24 feet
and the horizontal edge of the display area shall be a minimum of
seven feet from the ground.
(e)
A freestanding sign shall be set back 10 feet from the public
right-of-way.
(f)
The upper horizontal edge of an attached or awning sign shall
not be installed higher than the extent of the vertical wall to which
it is attached.
(g)
Both internal and external sign lighting is permitted; however,
lighting shall not produce glare.
(h)
A nonilluminated sign pertaining to the lease or sale of the
premises upon which it is placed, not exceeding four square feet.
Such signs shall be removed within seven days after signing the contract
for sale, the signing of a sale transaction or the execution of a
lease.
(i)
Real estate "open house" nonilluminated sign. One sign, in addition
to the "for sale" sign, may be placed on the subject property. The
sign shall not exceed six square feet in size and may be placed up
to seven days prior to the open house and shall be removed immediately
following the open house.
C.
Prohibited signs. The following types of signs or artificial lighting
are prohibited in all zones:
(1)
Billboards.
(2)
Mobile signs. This type of sign shall include licensed trucks and
trailers with advertising signs.
(3)
Any flashing, moving or animated or sequentially lighted signs.
(4)
Any sign whose lighting or central mechanism causes radio or television
interference.
(5)
Signs utilizing the colors red or green in their illumination within
100 feet of a street intersection.
(6)
Signs that resemble, simulate, or may be mistaken for a traffic sign
within 20 feet of a roadway.
(7)
Signs that are menaces to public safety.
(8)
Roof signs.
(9)
Signs affixed to trees, rocks or other natural things.
(10)
Signs affixed or painted on water towers or similar structures.
(11)
Freestanding pylon signs located in public rights-of-way or
approved sight easements.
(12)
String banners, string flags, aluminum ribbons or similar attention-getting
devices.
(13)
Signs that obstruct motorists' vision, traffic signs or signals
or business identification signs outside the lot on which the banner
is located.
D.
Permitted temporary signs. A temporary sign permit allowing the posting
of a temporary sign shall be issued by the Zoning Officer upon the
demonstration that the sign will conform to the regulations enumerated
herein. The following temporary signs shall be permitted:
(1)
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.
(2)
"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.
(3)
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.
E.
The following temporary signs shall be permitted upon the issuance
by the Zoning Officer of a permit for the same, and provided that
the signs will conform to the regulations enumerated herein. The permit
application shall include an informal site plan designating the location
of the proposed signs and the distance of the proposed signs from
the property lines. In deciding whether or not to grant a permit,
the Zoning Officer shall take into consideration any obstruction of
sight distance.
(1)
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.
(2)
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.
F.
General sign requirements. All signs in Jefferson Township shall:
(1)
Conform to standards set forth in the preceding sections and the
Township Building Code.
(2)
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.
(3)
The owner of the property upon which a sign is located shall be responsible
for maintaining the sign and its surroundings.
(4)
Indirect or interior lighting is permissible, provided that the source
of light will not cause glare upon a street or adjacent property.
(5)
Permanent signs shall be located only on the premises of the use
or activity to which they are calling attention.
(6)
No sign shall be placed as to interfere with or be mistaken for a
traffic light or similar safety device.
(7)
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.
(8)
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.
(9)
No sign shall extend further than 15 inches from the face of the
building upon which it is attached.
(10)
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.
(11)
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.
G.
Nonconforming signs. Any sign is defined as "nonconforming" which does not meet the requirements of this section. Any sign legally constructed and existing at the time of passage of this section that fails to comply with the minimum requirements of this section shall constitute a nonconforming use. A nonconforming sign shall not be altered, rebuilt, enlarged or extended, unless such action creates a conforming use. Section 490-31, entitled "Nonconforming uses, buildings or structures," shall apply to nonconforming signs.
H.
Permit requirements and fees.
(1)
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.
(2)
Applications. Application for a permit shall be made upon forms.
(3)
Fees. The fee for a permit to construct a sign shall be as provided in § 182-2 of the Township Ordinances.
(4)
Exemptions. The following signs do not require a permit and are exempt
from the provisions of this section:
(a)
Tablets indicating the name of a building and the date of erection
not exceeding three square feet.
(b)
Public signs erected by the state, county or municipality in
the performance of a public duty.
(c)
Signs that are located for policing or parking purposes not
exceeding two square feet.
(d)
Customary warning, trespassing and posted signs.
(e)
Signs for political speech purposes.
I.
Permanent permits for signs.
(1)
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.
(a)
Signs integrated or structurally incorporated into the architecture
of a building.
(b)
Signs made of landscape materials or plantings.
(c)
Off- and on-premises directional signs.
(d)
Signs displaying time or temperature.
(e)
Temporary signs on new construction sites, except permitted
signs, and one sign not to exceed four square feet stating the contractor's
name, address and telephone number.
(f)
Supergraphics.
(g)
Three-dimensional signs.
(h)
Ground signs. All signs with less than 10 feet of vertical clearance
between the level of the center line of the adjacent road and the
bottom of the sign.
(2)
Submission of application; requirements.
(a)
The applicant shall file at least 14 days before the date of the regular public meeting of the Land Use Board eight copies of a site plan or plat and three copies of an application for a special permit sign, together with all other drawings and documentation required herein or by any rule of the Land Use Board, with the Township Clerk. The applicant shall obtain all necessary forms from the Township Clerk. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board. A fee shall accompany the application in the amount set forth in § 182-2.
(b)
Approval by County Planning Board required. All applications
for site plan approval for signs on a county road shall be submitted
to the County Planning Board for its review and recommendation and,
where applicable, approval where required by state statute or county
requirements. The applicant shall furnish proof of such submission
within 10 days of the submission of his application to the Township
Reviewing Board by presenting a copy of his site plan with an indication
from the county that it has been filed with it. Any application for
site plan approval shall not be deemed complete in the absence of
proof that it has been filed with the County Planning Board, if required.
If the County Planning Board has failed to grant or deny approval
of the site plan at the time of approval of the applicant's application,
such approval shall be conditioned on approval of such site plan by
the County Planning Board.
(c)
Notice and publication required. A public hearing, after proper notice and publication by the applicant in accordance with Chapter 70, the Land Use Procedures Ordinance of the Township, shall be held on all applications.
(d)
Plat details. A complete application for a special permit sign
shall also consist of the following:
[1]
A plat or map with the following details and information.
[a]
The boundaries of the tax lot where the proposed
sign is to be located and dimensions of said lot.
[b]
The tax lot and block number of said lot.
[c]
The location of all structures within 100 feet
of the proposed sign location, including underground utilities.
[d]
The location and dimensions of the existing paved
surface.
[e]
The distance from the paved surface of the road.
[f]
A sketch showing the design of the proposed sign
and the dimensions of the same. Said sketch may be contained on the
same sheet as the map showing the location of the sign but in a separate
area thereof. Said drawing shall be of sufficient size to clearly
show the proposed sign design, including the height of the lettering.
The materials to be used in the construction of the sign shall be
specified thereon, as well as sign colors.
[g]
An affidavit of ownership and consent of the property
owner shall be submitted if the applicant is not the owner of the
subject property where the sign is to be located.
[2]
The Board may require the applicant to submit a survey of the
subject premises showing the location and dimension of the road right-of-way
and the exact location of the proposed sign. Said survey shall be
prepared, signed, sealed and certified to by a surveyor or engineer
licensed under the laws of the State of New Jersey.
A.
Unlawful uses not to be construed as nonconforming.
No unlawful building or structure or unlawful use of a building or
structure, lot or land existing at the effective date of this chapter
shall be deemed to be a nonconforming building, structure or use.
B.
Continuance.
(1)
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.
(2)
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.
(3)
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.
C.
Extension.
(1)
A nonconforming use shall not be enlarged or extended, except as provided in Chapter 70, Land Use Procedures.
(2)
An existing nonconforming residential building may
be expanded only if the following conditions are met:
(a)
Whether or not the lot in question has sufficient
lot area, when an existing part of the principal structure encroaches
not more than 15 feet into the required front or rear yard, the remaining
part of the principal structure may be expanded horizontally into
the same yard, provided that:
[1]
The existing lot and structure(s) thereon is/are
a valid preexisting nonconforming lot and structure(s).
[2]
The expansion encroaches into the front or rear
yard in question no further than the existing encroachment.
[3]
The width of the proposed expansion is no greater
than the width of the existing encroachment.[1]
[1]
Editor's Note: Former Subsection C(2)(a)[4],
which immediately followed this subsection and provided that the proposed
expansion does not violate the required side yard, was repealed 5-16-2001
by Ord. No. 13-01 and 7-18-2001 by Ord. No. 19-01.
(b)
A nonconforming structure which is nonconforming
because it violates a yard or bulk area requirement may be expanded
vertically, provided that the vertical expansion is constructed entirely
within the footprint of the existing structure, that the expansion
is at least five feet from the rear and side property lines of the
lot; and the expansion does not violate the height requirements of
the zone.
[Amended 5-16-2001 by Ord. No. 13-01; 7-18-2001 by Ord. No.
19-01]
D.
Change. A nonconforming use shall be changed only to a conforming use, except as provided in Chapter 70, Land Use Procedures.
E.
Abandonment.
(1)
A nonconforming use shall be deemed to have been abandoned:
(a)
When it is changed to a conforming use.
(b)
In cases where such nonconforming use is of
a building or structure designed for such use, when it has been voluntarily
discontinued for a period of 24 consecutive months.
(c)
In cases where such nonconforming use is of
a building or structure not designed for such use or is of a lot or
land whereon there is no consequential building or structure devoted
to such use, when it has been voluntarily discontinued for a period
of 12 consecutive months.
(2)
A nonconforming use that has been abandoned shall
not thereafter be reinstated.
A.
Site plan review.
(1)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
(2)
All single- and two-family dwellings and their permitted
accessory structures shall be exempt from site plan review.
(3)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
B.
Copies and distribution.
[Amended 2-16-2005 by Ord. No. 4-05; 12-18-2019 by Ord. No.
19-28]
(1)
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.
(2)
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.
C.
Information required.
(1)
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:
(a)
The location of all existing watercourses, wooded
areas, easements, rights-of-way, streets, roads, highways, freeways,
railroads, canals, rivers, buildings, structures or any other feature
directly on the property or beyond the property if such feature has
an effect upon the use of said property.
(b)
The location, use and ground area of each proposed
building, structure or any other land use.
(c)
The location and widths of proposed streets
servicing the site.
(d)
The location and capacity of proposed off-street
parking areas and loading and unloading facilities.
(e)
Proposed storm and sanitary drainage facilities,
including contours.
(f)
The location and treatment of proposed entrances
and exits to public rights-of-way, including the possible utilization
of traffic signals, channelization, acceleration and deceleration
lanes, additional width and any other device necessary to traffic
safety and/or convenience.
(g)
The location of and identification of proposed
open spaces, parks or other recreation areas.
(h)
Proposals for soil erosion and sedimentation
control.
(j)
The location of sidewalks, walkways and all
other areas proposed to be devoted to pedestrian use.
(k)
The general nature and location of public and
private utilities, including maintenance and solid waste disposal
facilities.
(l)
The specific location and design of signs and
lighting fixtures.
(m)
Lot lines, setbacks and yard dimensions.
(n)
A place for the signature of the Chairman and
Secretary of the Land Use Board.
[Amended 12-18-2019 by Ord. No. 19-28]
(o)
The proposed and existing type of heating, including
the location and size of all existing and proposed above and underground
storage tanks.
(2)
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.
(3)
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.
(4)
Any other information required by the approving agency
which is reasonably necessary to ascertain compliance with the provisions
of this chapter.
D.
Minor site plans and exempt site plans.
(1)
Minor site plans.
(a)
Site plans involving construction or alteration of an existing structure or site which, in the opinion of the three-member Site Plan Committee appointed by the approving agency chairman, does not materially impact the existing use of the site, including traffic circulation, parking, drainage or other criteria established in § 490-32. If said construction or alteration is deemed a minor site plan by said Committee, the minor site plan shall not require a public hearing.
[Amended 7-14-2004 by Ord. No. 22-04]
(b)
Conditions of approval may be imposed as part
of a minor site plan review, provided that such conditions are restricted
to the site in question.
(2)
Exempt site plans.
(a)
The Site Plan Committee may waive the requirement
for site plan review if the total amount of construction or alteration
is under $2,500 and if the nature or extent of construction or alteration
is considered part of normal repair, maintenance or replacement.
(b)
The Site Plan Committee shall classify and approve
exempt site plans by unanimous vote only, and such action shall be
ratified by a majority vote of the Land Use Board at its regular monthly
public meeting.
[Amended 12-18-2019 by Ord. No. 19-28]
E.
Approving agency review.
(1)
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.
(2)
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.
[Amended 9-1-2004 by Ord. No. 28-04]
F.
Site plan binding.
(1)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
(2)
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.
(3)
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.
(4)
There shall be only one minor site plan approval for
any parcel, lot or contiguous parcel.
G.
Performance guaranty. The approving agency may require that improvements and landscaping be secured by a performance guaranty in the same manner prescribed for such improvements in Chapter 435, Subdivision of Land.
H.
Township Engineer's action regarding site plan change.
The Township Engineer may authorize minor variations in the site plan
caused by field conditions. The Township Engineer shall notify the
approving agency of any such change, in writing, for review at its
next meeting following the date of authorization.
I.
Fees. Application for site plan review shall be accompanied
by a fee to be determined in accordance with § 70-28 of
the Jefferson Township Municipal Code.
A.
As a condition of approval and the continuance of
any use, occupancy of any structure, and operation of any process
or equipment, the applicant, owner or occupant shall supply evidence,
satisfactory to the municipal agency, or to its designated representative,
that the proposed use, structure, process or equipment will conform
fully with all of the applicable performance standards.
(1)
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.
(2)
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.
(3)
Permits and certificates required by other government
agencies shall be submitted to the municipal agency as proof of compliance
with applicable codes.
(4)
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.
[Amended 2-16-2005 by Ord. No. 4-05]
(5)
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.
B.
Applicability and enforcement of performance standards.
(1)
Applicability.
(a)
Prior to the issuance of any zoning or building
permit and as part of any application for development, all submissions,
attachments and certifications required herein shall be submitted
to the appropriate municipal agency, accompanied by a sworn statement
filed by the owner of the subject property or the operator of the
proposed use indicating that said use will be operated in accordance
with the performance standards set forth herein.
(b)
Any existing structure, use or operation allowed
to deteriorate or that is modified so as to reduce its level of compliance
with these performance standards will be deemed to be in noncompliance
and to constitute a violation.
(2)
Continued compliance with these performance standards
is required and shall be enforced by the Construction Official.
[Amended 2-16-2005 by Ord. No. 4-05]
(3)
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.
(4)
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.
[Amended 2-16-2005 by Ord. No. 4-05]
C.
Performance standards established.
(1)
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.
(2)
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:
|
Nuisance Characteristic
|
Location
| |
|---|---|---|
|
Smoke
|
Vent or smokestack
| |
|
Solid particle discharge
|
Vent, smokestack or property line
| |
|
Odors
|
Required setback lines
| |
|
Liquid wastes
|
Outlet
| |
|
Solid wastes
|
Within property line
| |
|
Radiation
|
Vent, smokestack or building wall
| |
|
Noise
|
Residential district boundary and lot boundary
as noted
| |
|
Vibration
|
Building wall
| |
|
Glare
|
Property lines
| |
|
Temperature change
|
Vent or smokestack for air and at the outlet
for liquid or solid discharge
| |
|
Fire and explosion hazards
|
Within property line
| |
|
Electromagnetic interference
|
Outside property line
|
D.
Standards to be enforced.
(1)
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.
(2)
Smoke.
(a)
In any zone, no smoke, the shade 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 the smoke emitted during the cleaning of a fire box or the building
of a new fire, 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 15 consecutive
minutes.
(b)
Smoke emissions from the combustion of fuel
in mobile sources and from stationary internal combustion engines
shall not exceed the limits set forth in Title 7, Chapter 27, N.J.A.C.
(3)
Solid particle discharge.
(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 allowable emissions established by Title 7, Chapter
27, N.J.A.C.
(b)
In any other zone, except the Industrial Zone,
no discharge of solid particles through a stack, duct or vent shall
be permitted that is greater than 75% of allowable emission established
by Title 7, Chapter 27, N.J.A.C.
(c)
In the Industrial Zone no discharge of solid
particles through a stack, duct or vent shall be permitted that is
greater than the allowable emission established by Title 7, Chapter
27, N.J.A.C.
(d)
No open burning shall be permitted in any zone.
(e)
All incinerators shall be approved by the State
Department of Environmental Protection (NJDEP).
(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.
(4)
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.
(5)
Liquid wastes. No liquid waste shall be discharged
into any watercourse in the Township except as herein provided.
(a)
If the applicant proposes to construct facilities
for the treatment of wastes, he shall supply a statement by the NJDEP
that such proposed facilities are in compliance with applicable state
laws and regulations.
(b)
No liquid waste shall be discharged into the
public sewage collection and disposal system unless the appropriate
Township officials and Sewerage Authority shall have first investigated
the character and volume of such waste and shall have certified that
it will accept the discharge of such waste material into the system.
The applicant shall comply with any requirements of said officials,
including the pretreating of such wastes, the installation of processing
methods, separation or screening of wastes, control of pH and other
methods of improving such wastes prior to discharge, as a condition
of approval of such facilities.
(c)
No liquid waste shall be discharged into any
storm drain, watercourse, ground sump, well, seepage pit or percolation
area or onto the ground surface without being done so in accordance
with an approved New Jersey Pollution Discharge Elimination System
(NJPDES) permit issued by the NJDEP.
(6)
Solid wastes. Each property owner shall:
(a)
Assume full responsibility for adequate and
regular collection, storage and removal of all refuse, except if the
Township of Jefferson assumes the responsibility.
(b)
Comply with all applicable provisions of the
NJDEP.
(c)
Comply with all provisions of Title 7, Chapter
27, N.J.A.C.
(d)
Permit no accumulation on the property of any
solid waste, junk or other objectionable materials.
(7)
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.
(8)
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.
(a)
Measurements required under this section shall
be made at the locations noted. Measurements shall be made by an individual
certified by the NJDEP to take sound measurements, using equipment
meeting the United States of America Standards Institute Standard
S 1.4-1961 or the latest revision thereof, and S 2.22, or the latest
revision.
(b)
The sound-pressure level of any operation shall
not exceed the described levels in the designated octave bands shown
below for the locations indicated:
|
SOUND LEVELS
| |||
|---|---|---|---|
|
Octave Band
(cycles per seconds)
|
Location A
Maximum Permitted Sound Level
(decibels)
|
Location B
Maximum Permitted Sound Level
(decibels)
| |
|
0 to 75
|
72
|
79
| |
|
75 to 150
|
67
|
74
| |
|
150 to 300
|
59
|
66
| |
|
300 to 600
|
52
|
59
| |
|
600 to 1200
|
46
|
53
| |
|
1200 to 2400
|
40
|
47
| |
|
2400 to 4800
|
34
|
41
| |
|
Above 4800
|
32
|
39
| |
(c)
Location A shall be along all residential district
boundary lines if the noise source is in a nonresidential district
or all points of the property boundary line if the noise source is
in a residential district.
(d)
Location B shall be along all points of the
property boundary line if the noise source is in a nonresidential
district.
(e)
Measurements shall be made in all frequency/octave
bands indicated.
(9)
Vibration.
(a)
In any zone no vibrations discernible without
instruments at or beyond the property lines on which the source is
located shall be permitted. At no point at or beyond the property
lines on which the source is located shall the maximum ground transmitted
steady state or impact vibration caused by any use or activity (except
those not directly under control of the property owner or user) exceed
a particle velocity of 0.10 inches per second for impact vibrations.
(b)
Particle velocity is to be determined by the
formula 6.2AF, where F is the frequency of the vibration in cycles
per second and A is the maximum single amplitude displacement of the
vibration in inches. For the purpose of measuring vibrations, a three-component
measuring system shall be used.
(c)
For the purpose of this chapter, steady state
vibrations are vibrations which are continuous, or vibrations in discrete
impulses more frequent than 100 per minute. Discrete impulses which
do not exceed 100 per minute shall be considered impact vibrations.
(10)
Glare.
(a)
No single standard for glare is promulgated
in this chapter due to the impracticality of establishing such standards.
It is the intent of these performance standards to ensure that both
direct and indirect glare, to the extent possible, are eliminated
or activities producing such glare are carried on within a structure.
(b)
Necessary glare-producing devices, such as roadway
and walkway lighting, shall be designed, constructed and maintained
in such a manner as not to be a nuisance to surrounding uses.
(11)
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.
(12)
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:
(a)
Approval of the use, 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 taken or installed.
(b)
A report from the appropriate Fire Subcode Official
indicating that the applicant has complied with all applicable fire
prevention regulations.
(13)
Electromagnetic interference. There shall be
no electromagnetic interference that:
E.
Landscape plans.
(1)
The landscape plan shall be prepared by a qualified
professional, whose name and address shall appear on the plan.
(2)
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.
(a)
Existing wooded areas and any significant individual
trees or plant material shall be identified on the plan, clearly indicating
areas or individual species to remain undisturbed.
(b)
Trees to remain shall be protected during construction
utilizing the following methods:
[1]
The grade of the land within 10 feet of any
such tree shall not be raised or lowered more than three inches.
[2]
No construction equipment is to be driven within
six feet of such trees.
[3]
No building materials are to be dumped or stored
within six feet of such trees.
[4]
During construction, no such trees are to support
any scaffolding, temporary utility or other devices.
[5]
The trunks of all individual trees and wooded
areas to remain beyond the limits of construction shall be protected
from damage by the installation of snow fencing.
[6]
All such trees shall be pruned to remove dead
and diseased limbs and to promote new growth.
(3)
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.
(a)
In areas where a significant loss of existing
trees is required because of site development activities, compensating
planting of the same species will be required.
(b)
Consideration will be given to the height and
width of plant material at maturity to prevent crowding and shading
as the plants grow.
(c)
The minimum size of trees shall be one-and-one-half-inch
caliper (diameter measured at a height of 36 inches).
(d)
All plant material shall be installed in a workmanlike
manner using accepted nursery practices.
(e)
Replacement of all new trees and shrubs which
fail to survive shall be made at the next planting season.
(4)
Plan requirements. All landscape plans shall contain
the following data:
(a)
The location of all plant materials, walls,
planters, etc.
(b)
Symbols identifying proposed species.
(c)
The scientific and common name of all trees,
shrubs and ground cover proposed to be installed.
(d)
The quantity of each species.
(e)
The size and spacing of each species at initial
planting, either by caliper or width or height.
(f)
Planting notes for installing all plant material.
(g)
The type of fencing, construction materials,
such as railroad ties, and mulching proposed.
(h)
The proposed grass seed mixture and rate of
application.
(i)
A tree and shrub planting detail.
(5)
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.
F.
Buffer zones.
(1)
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.
(2)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
(3)
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.
(4)
The Land Use Board shall specify the date when buffer
plants shall be installed.
[Amended 12-18-2019 by Ord. No. 19-28]
G.
Outside storage. No open or outside storage of manufacturing
or other materials, junk, scrap or waste products of any kind shall
be permitted.
H.
Lighting standards. Site lighting for all uses other
than single- or two-family homes shall be required in accordance with
the following minimum standards and requirements:
(1)
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.
(2)
The maximum height of any light fixture shall be 25
feet.
(3)
All lights shall be shielded to restrict the maximum
apex angle of the cone of illumination to 150°.
(4)
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.
(5)
The light intensity provided at ground level shall
meet the following illumination objective:
(6)
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.
(7)
The light intensity shall not exceed 0.2 footcandle
at the property line.
(8)
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.
(9)
Construction details shall be provided for all light
fixtures showing mounting height, model number and catalog-cut data.
(10)
Any revisions or additions to existing site
lighting shall require site plan approval from the Land Use Board.
[Amended 12-18-2019 by Ord. No. 19-28]
A.
For the purpose of determining the exterior limits
of piers, docks and main walks, any structure, including pilings driven
independently of another structure, used for the mooring of boats
shall be considered to be a part of the pier itself.
B.
Development controls for private piers and docks.
(1)
Private piers and docks shall be permitted in all
zones where lots have water frontage.
(2)
No dock or pier shall be located within 10 feet of
a side property line.
(3)
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.
(4)
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.
(5)
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.
[Amended 12-5-2001 by Ord. No. 40-01]
(6)
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.
(7)
The distance between piers shall be a minimum of 21
feet.
(8)
No dock, pier or main walk shall provide permanent
mooring facilities for more than four boats.
(9)
In cases where docks or piers are covered, the requirements
shall be the same as those required for boathouses.
C.
Development controls for boathouses.
(1)
Boathouses shall be permitted in all zones where lots
have water frontage.
(2)
No boathouse shall be located within 14 feet of a
side property line.
(3)
No boathouse shall be closer than 28 feet from a neighboring
pier or boathouse.
(4)
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.
(5)
There shall not be more than one boathouse for each
lot.
(6)
Boathouses shall be located over the water and shall
abut the lake shoreline.
(7)
Ingress and egress for boats shall be perpendicular
to the shoreline.
(8)
There shall be no sleeping accommodations or toilet
facilities provided in any boathouse.
D.
Development controls for marinas.
(1)
Marinas shall be permitted only in those zones allowing
these uses.
(2)
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.
(3)
No marina shall occupy more than 25% of the water
lot area within the pierhead line.
(4)
No main walk shall be less than eight feet in width,
and no catwalk shall be less than two feet in width.
(5)
There shall be permitted more than one main walk or
pier, provided that the following requirements are met:
(6)
In cases where piers are covered, the maximum height
shall not exceed 16 feet above the high-water mark.
E.
General regulations applicable to all piers, boathouses
and marinas.
(1)
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.
[Amended 2-16-2005 by Ord. No. 4-05; 3-15-2006 by Ord. No.
5-06]
(2)
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.
[Amended 3-15-2006 by Ord. No. 5-06; 12-18-2019 by Ord. No.
19-28]
(3)
Permit applications shall be referred to the marine
police for any comments and suggestions as part of a site plan review.
(4)
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.
(5)
The top of any pier, dock or catwalk shall not be
less than 14 inches from the high-water elevation.
(6)
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.
[Amended 2-16-2005 by Ord. No. 4-05]
(7)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
(8)
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.
(9)
The following technical details shall apply to all
waterfront development:
(a)
The maximum width of private docks shall be
no more than five feet, except upon authorization of the Land Use
Board under site plan approval where it can be demonstrated that additional
width is required to assure structural stability. In any event, the
overall width shall not exceed 10 feet.
[Amended 12-18-2019 by Ord. No. 19-28]
(b)
The maximum width of catwalks shall be no more
than four feet.
(c)
No solid structures are permitted which lower
or adversely affect the capacity of the lake or water flow except
by permission of the Department of Environmental Protection.
(d)
Crib structures may be allowed, provided that
their length does not exceed the width of the dock or pier.
(e)
Crib structures shall not exceed 1/2 of the
span between adjacent piling bents.
(f)
The design of any structure must provide for
the free flow of water.
A.
These uses, as designated in the particular zone districts,
may be established only in accordance with the following procedure
and only after the following criteria are met:
(1)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
(2)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
(3)
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:
B.
General regulations.
(1)
All conditional uses shall be subject to site plan
approval.
(2)
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.
(3)
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.
C.
Large-scale recreational uses.
(1)
A minimum lot area of 50 acres shall be required.
(2)
No structure or parking area shall be located closer
than 100 feet to a front, rear or side lot line.
(3)
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.
D.
Public utility buildings, structures or facilities.
(1)
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.
(2)
Adequate parking shall be required, as determined
by the Board when considering the proposed use.
(3)
Adequate fencing must be provided in accordance with
the recommendations of the Board in order to provide protection to
the public.
(4)
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.
(5)
A clear demonstration in the environmental impact
statement that the public necessity for the use outweighs the negative
impacts shall be required.
F.
Campgrounds.
(1)
All campground uses must comply with Chapter 169, Campgrounds, of the Jefferson Code and Chapter XI, Campgrounds, of the New Jersey State Sanitary Code.
(2)
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.
G.
General medical or surgical hospitals.
(1)
A minimum lot area of five acres with a minimum frontage
of 300 feet shall be required.
(2)
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.
(3)
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.
(4)
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.
H.
Community and membership clubs.
(1)
A minimum lot area of two acres shall be required.
(2)
No building shall be located closer than 100 feet
to a residential zone property line.
(3)
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.
(4)
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.
(5)
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.
J.
Building material and storage yards.
(1)
A minimum lot area of two acres shall be required.
(2)
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.
(3)
Outdoor storage.
(a)
No article or material shall be kept, stored
or displayed outside the confines of a building unless the same is
so screened by a special buffer planting, berm or fence, or combination
thereof, as approved by the Land Use Board, and it is not visible
from any adjacent property or public street.
[Amended 12-18-2019 by Ord. No. 19-28]
(b)
Outdoor storage is only permitted in the side
and rear yard.
(c)
All storage as herein permitted shall be maintained
in an orderly manner at all times, and such storage shall not include
any discarded or abandoned materials or articles.
(d)
Any outdoor storage of flammable material, such
as lumber, shall be kept at least 20 feet from any property line.
(4)
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.
K.
Nonnuisance light industry.
(1)
A minimum lot area of two acres shall be required.
(2)
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.
(3)
No outdoor storage of products or materials is permitted.
(4)
No building shall be located closer than 100 feet
to a residential zone property line.
(5)
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.
L.
Motor vehicle service stations and motor vehicle repair
garages.
(1)
The minimum lot area shall be 20,000 square feet.
(2)
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.
(3)
No such facility shall be located within 500 feet
of a public meeting place, fire house or fire station.
(4)
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.
(5)
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.
(6)
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.
(7)
No body or fender repairs shall be permitted on any
part of the premises.
(8)
No motor vehicles, trailers or boats for sale or lease
shall be parked, stored or displayed on any part of the premises.
(9)
No vending machines shall be permitted out of doors.
(10)
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.
(11)
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.
(12)
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.
M.
Farming.
(1)
There shall be a minimum lot size of five acres.
(2)
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.
(3)
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.
(4)
All other area, yard and bulk requirements of the
zone shall be met.
(5)
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.
N.
[2]Cannabis businesses. A cannabis cultivator, manufacturer, wholesaler or distributor business shall be permitted as a conditional use in accordance with Subsection N(1), below. A cannabis retailer and/or cannabis delivery business shall be permitted as a conditional use in accordance with Subsection N(2), below. All cannabis businesses are subject to the requirements of New Jersey State Statutes and/or Administrative Code regulations, as may be adopted and amended, including those of the Cannabis Regulatory Commission. All cannabis businesses shall first obtain a license from the Jefferson Township Council, in accordance with Jefferson Township Code § 170-1, prior to making application for conditional use approval.
[Added 12-13-2023 by Ord. No. 23-21]
(1)
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:
(a)
Number of cannabis cultivator, manufacturer, wholesaler or distributor
licenses. There shall be a maximum of two cultivator, one manufacturer,
one wholesaler and one distributor facility within Jefferson Township.
At least one cultivator license shall be provided to microbusiness,
per N.J.A.C. 17:30-6.7, provided all other eligibility requirements
are met.
(b)
Location. A cannabis cultivator, manufacturer, wholesaler or
distributor business shall be permitted as a conditional use only
within the IP Zone in Jefferson Township. A microbusiness cultivator
shall also be permitted as a conditional use within the C1 and C2
Zones; any addition or change to a microbusiness cultivator facility
shall be subject to all applicable ordinances and approvals. Facilities
shall be at least 500 feet from a school or state-licensed child-care
or day-care facility, which distance shall be measured from the corners
of each building that are closest to each other. All cannabis growing
or manufacturing buildings shall be located at least 400 feet from
the nearest dwelling unit located on a neighboring lot, which distance
shall be measured from the corners of each building that are closest
to each other.
(c)
Buildings. All facilities shall be fully indoors and enclosed
in heated/air-conditioned permanent buildings, not trailers, hoop
houses or greenhouses, etc.
(d)
Minimum lot size. Five acres; except that a microbusiness cultivator
may be permitted on a lot at least 10,000 square feet in size.
(e)
Access and setback. Access shall be provided via a driveway
located on a county or state road, with all growing, production and/or
manufacturing structures set back a minimum of 400 feet from the road.
All newly constructed cannabis growing, production and manufacturing
structures shall abide by all setback and Code requirements in effect
for the zone in which the business is located, and shall provide any
berms to shield the adjoining properties/roads, as determined by the
Land Use Board.
(f)
Landscaped buffer. A minimum landscaped buffer at least 100
feet in width shall be established and maintained, adjacent to any
road. In addition, a landscaped buffer shall be required in the event
that there is not a natural buffer between the property and any dwelling
unit.
(g)
Fencing. All structures utilized for any growing, production
or manufacturing shall be enclosed by a fence at least seven feet
high.
(h)
Signage. Signs shall be limited to one location identification/name
of business sign. Signage shall not promote consumption of any cannabis
products.
(i)
Site plan approval. When seeking site plan approval, the applicant
shall submit a safety and security plan and emergency services access
plan. All cannabis growing, production and manufacturing operations
shall have a backup generator, which shall maintain all electronic
security systems in the event of a power failure. No light generated
by any cannabis cultivator, manufacturer, wholesaler or distributor
structures shall result in measurable light changes at the nearest
property boundary to each structure. Interior light shades may be
required by the Board on greenhouse structures to manage potential
lighting impacts. Lighting shall be subject to a Board engineer night
lighting test. The Township Police Department shall review and approve
of all security plans.
(j)
Odor control. The facility shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility and outside the facility
shall not be detectable by a person of reasonable sensitivity at the
property line of the subject property. Any and all odor control devices,
needs, and systems shall be paid for by the facility owner and/or
the facility tenant and shall not be the financial responsibility
of the Township. At the request of the Township, odor from the facility
shall be monitored, on an annual basis, at the discretion of the Township,
by a licensed, qualified contractor chosen by the Township and paid
for by the facility owner and/or the facility tenant. The Township
shall have no financial responsibility for the cost of odor monitoring.
(k)
Hours of operation. Hours of operations for cannabis manufacturers,
wholesalers, or distributors, shall be from 9:00 a.m. to 8:00 p.m.,
Monday through Saturday. A cannabis cultivator can operate 24 hours
per day, seven days per week.
(l)
Compliance. All growing, production and manufacturing shall
be in compliance with all applicable New Jersey State requirements,
licenses and permits. All cannabis growing, production and manufacturing
operations shall operate in compliance with state and local noise
laws and regulations.
(2)
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:
(a)
Number of retail business and cannabis delivery service licenses.
There shall be a maximum of four total cannabis retailers within Jefferson
Township and a maximum of two cannabis delivery service businesses
within Jefferson Township. At least one retail license shall be provided
to a New Jersey certified women-owned, veteran-owned, disadvantaged
business and/or minority-owned business, provided all other eligibility
requirements are met.
(b)
Location. A cannabis retail business and cannabis delivery service
shall be permitted as a conditional use only within the C1 and C2
Zones in Jefferson Township, and only at those locations with direct
access to or frontage along State Route 23 or State Route 15, and/or
Berkshire Valley Road where it intersects with Ridge Road and Chamberlain
Road. No cannabis retailers or delivery service shall be located on
the same lot as any residential use or any residentially zoned property.
Facilities shall be at least 500 feet, door-to-door, from a school
or state-licensed child-care or day-care facility, which distance
shall be measured via the shortest natural path. All cannabis retailers
and delivery service buildings shall be located at least 400 feet
from the nearest dwelling unit located on a neighboring lot, which
distance shall be measured from the corners of each building that
are closest to each other. Cannabis retailers and cannabis delivery
businesses shall be separate and distinct from growing operations.
(c)
Buildings. All cannabis retailers and cannabis delivery businesses
shall be fully indoors and enclosed in heated/air-conditioned permanent
buildings, not trailers, outdoors, movable kiosks, carts, sheds, tents,
etc.
(d)
Signage. Signs shall be limited to one location identification/name
of business sign. Signage shall not promote consumption of any cannabis
products. A "No Loitering" sign shall be posted on the outside of
the building.
(e)
Site plan approval. When seeking site plan approval, the applicant
shall submit a safety and security plan and emergency services access
plan. The Township Police Department shall review and approve of all
security plans.
(f)
Accessibility. Any cannabis retailer and cannabis delivery service
shall only have one primary public access point, which shall be directly
adjacent to the right-of-way or parking area of the building. Access
should not be through common entrances with other uses.
(g)
Hours of operation. Hours of operation shall be limited generally
to daytime and early evening hours from 9:00 a.m. to 8:00 p.m., Monday
through Saturday.
(h)
Interior security. The applicant shall provide a secure location
for storage of products with minimum products in any customer service
area.
(i)
Exterior loitering and security. People shall not be permitted
to congregate, loiter or wait in line to access the cannabis retailer
or delivery service. The facility shall have a plan in place if interior
capacity is exceeded, i.e., numbers are given and customers wait in
their vehicles until called.
(j)
Curbside and drive-through sales prohibited. There shall be
no curbside retail sales or drive-through sales of cannabis permitted
in Jefferson Township.
(k)
Product consumption. No products shall be permitted to be consumed
on site. "No Smoking" signs shall be posted inside and outside the
building.
(l)
Compliance. All cannabis retail and delivery businesses shall
be in compliance with all applicable New Jersey State requirements,
licenses and permits. All cannabis growing, production and manufacturing
operations shall operate in compliance with state and local noise
laws and regulations.
(m)
Gifting prohibited. Under no circumstance shall any commercial business, individual, cannabis business or cannabis license holder, under any class of license, engage in gifting cannabis or marijuana as defined herein. Any commercial business, individual, cannabis business or cannabis license holder found in violation of this provision shall be subject to punishment, including fines and/or imprisonment as set forth within the Township Code, including but not limited to § 1-15, Violations and penalties, and, depending upon other carefully defined circumstances, possible criminal prosecution.
[2]
Editor's Note: Former Subsection N, regarding
community residences and community shelters, was repealed 8-11-2004 by Ord. No. 27-04.
O.
Home professional offices and home occupations which
require more demand for parking than one vehicle at a time, in addition
to the vehicles for the permitted principal uses, and said parking
shall be provided on-site and off-street.
(1)
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.
P.
Recycling facilities.
(1)
The minimum lot area shall be 10 acres.
(2)
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.
(3)
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.
(4)
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.
(5)
No outdoor storage of products, materials or containers
shall be permitted.
(6)
All parking, access roads and buildings shall be drained
to a stormwater management facility to ensure water quality and prevent
seepage into the ground.
(7)
All parking and access roads shall be paved.
(8)
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.
(9)
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.
(10)
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.
(11)
An operating and maintenance plan for the facility
shall be submitted as part of the site plan review.
(12)
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.
[Amended 12-18-2019 by Ord. No. 19-28]
Q.
Apartment
units above ground floor of commercial uses. Within the C-1 and C-2
Districts, living and sleeping accommodations for households in conjunction
with a permitted commercial use shall be permitted under the following
conditions:
[Added 10-6-2021 by Ord. No. 21-23]
(1)
Only studio units, one-bedroom units and two-bedroom units are permitted.
(2)
The residential units shall have a separate and direct entrance via
an unobstructed passageway from the ground.
(3)
The residential entrance shall provide adequate interior space for
mailboxes and package deliveries.
(4)
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.
(5)
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.
(6)
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.
[Added 5-15-2002 by Ord. No. 14-02]
A.
Telecommunications antennas and towers permitted in
certain zones.
(1)
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).
(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.
B.
Franchise proof required. Owners and/or operators
of towers or antennas shall certify that all franchises required by
law for the construction and/or operation of a wireless communications
system in the Township have been obtained and shall file a copy of
all required franchises with the Clerk of the Township of Jefferson
who shall distribute copies of same to the Township Construction Official
and Township Planning Department. In addition, on or before February
1 in each subsequent year after construction the owners and/or operators
of the towers or antenna shall provide a certification that the franchise
as required by law for the operation of said wireless communications
systems remain in full force and effect.
[Amended 2-16-2005 by Ord. No. 4-05]
C.
Site plan approval.
(1)
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:
(a)
The distance between the proposed tower and
the nearest residential unit.
(b)
A statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future years.
(c)
Line of sight analysis detailing the view of
the proposed tower from various directions and angles from adjacent
residential areas. The analysis shall be utilized to determine buffer
requirements.
(2)
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:
(a)
Height of the proposed tower;
(b)
Proximity of the tower to residential structures
and residential district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness; and
(g)
Proposed ingress and egress.
D.
Exemptions for property owned, controlled or leased
by the Township. All applications for antennas or towers to be placed
on property owned, controlled or leased by the Township are exempt
from Land Use Board review but are subject to review and approval
by the Township governing body which may require a license or lease
for such antenna and/or tower.
[Amended 12-18-2019 by Ord. No. 19-28]
E.
Availability of suitable existing towers or other
structures. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the appropriate Township board,
and said board makes specific and separate written findings thereon,
that no existing tower or structure can accommodate the applicant's
proposed antenna. An applicant shall submit information requested
by the appropriate Township board related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of any of the following:
(1)
No existing towers or structures are located within
the geographic area required to meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
(4)
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.
(5)
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.
(6)
The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
F.
Maximum tower height. The maximum height of any tower
shall not exceed 120 feet. For purposes of measurement, the maximum
tower height shall include any structures supporting the tower and
any antenna.
G.
Design standards. Applicants shall satisfy the design
standards enumerated below to obtain site plan approval for towers
in addition to other standards that may be required pursuant to the
Township Zoning Ordinance, Construction Code and/or other applicable
regulations:
(1)
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.
(2)
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.
(a)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from all surrounding properties.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
or waived.
(c)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
(3)
The equipment cabinet or structure used in association
with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more
than 200 square feet of gross floor area or be more than 12 feet in
height. In addition, for buildings and structures which are less than
65 feet in height, the related unmanned equipment structure shall
not be located on the roof of the structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
(c)
If the equipment structure is located on the
roof of a building, it shall be appropriately screened.
(d)
The equipment cabinet or structure shall be
screened from view of all residential properties which abut or are
directly across the street from the structure or cabinet.
(4)
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.
(5)
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.
(6)
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.
H.
Consulting fee for Township employees. The Township
reserves the right to apply a fee for any consulting services performed
by any Township employees that may be utilized to assist any telecommunications
provider and its affiliates in locating an existing tower's location
within the municipality, which fee shall be based upon the time spent.
I.
Abandonment of tower. If any tower and/or antenna
ceases to be used, the telecommunications company shall notify the
Township, and the company shall remove the antenna within 60 days
from the date that it ceases to be used, and if there are no other
antennas on the tower, the tower shall be removed within 12 months
from the date that it ceases to be used. In the event that any tower
or antenna ceases to be used for a period of 12 months, the same shall
be considered to be abandoned, and the owner shall be responsible
for its removal within 60 days from the date that the Township has
determined that the tower or antenna has been abandoned.
