Township of Jefferson, NJ Article VIII Supplemental Regulations

§ 490-28 Parking and truck loading space requirements.

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:

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

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

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.

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

(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.

§ 490-29 Supplemental use and building regulations.

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]

(a) No more than three accessory buildings, exclusive of any garage, shall be permitted.

(b) All accessory buildings shall be located at least 10 feet from any principal building on the same lot.

(c) No accessory building shall be located closer than six feet to any other accessory building.

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:

(a) Have a lot coverage in excess of 10% of the lot area.

(b) Be used for residence or tenancy purposes.

(c) Have any sign or nameplate display of advertising device of any kind whatever inscribed upon or attached to such structure.

(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.

[2] Editor's Note: See also Ch. 443, Swimming Pools, Private.

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:

(a) Abutting a lot occupied by an existing building.

(b) Across a street from an existing building, with overlapping of the respective lot lines as projected to the street center line.

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]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(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.

O. Emergency standby generators are permitted accessory uses in all zone districts subject to the following requirements:

[Added 9-4-2024 by Ord. No. 24-18]

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

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

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

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

§ 490-30 Signs.

[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. Definitions. As used in this section, the following terms shall have the meanings indicated:

ATTACHED SIGN

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.

BANNER SIGN

Any sign printed or displayed upon cloth or other flexible material, with or without frames.

BILLBOARD SIGN

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.

FREESTANDING SIGN

Any permanent sign which is not attached to the exterior surface of a building, window or canopy and excluding movable signs.

SIGN

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.

SIGN HEIGHT

The height of any sign shall mean the distance between the ground and the highest structural component.

SIGN, ANIMATED OR MOVING

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.

SIGN, AWNING

A sign mounted, painted or attached to an awning or other window or door canopy that is otherwise permitted by ordinance.

SIGN, BUSINESS

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.

SIGN, CONSTRUCTION

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.

SIGN, DIRECTIONAL

Signs limited to directional messages such as "one way," "entrance," and "exit."

SIGN, EXHIBITIONS

A sign posted in conjunction with a permitted exhibition.

SIGN, FREESTANDING

Any nonmovable sign not affixed to a building.

SIGN, FLASHING

Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.

SIGN, GROUND

A freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground.

SIGN, HANGING

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.

SIGN, HOME OCCUPATION

A sign containing only the name and occupation of a permitted home occupation.

SIGN, IDENTIFICATION

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.

SIGN, ILLUMINATED

A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

SIGN, NONCONFORMING

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.

SIGN, PORTABLE

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.

SIGN, PROJECTING

A sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building.

SIGN, REAL ESTATE

A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

SIGN, ROOF

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.

SIGN, SPECIAL EVENT

A sign advertising a public or quasi-public event that is sponsored by a nonprofit or governmental agency.

SIGN, TEMPORARY

Defined in § 490-30D and F of the Township Code.

SIGN, WINDOW

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:

[1] Freestanding or attached sign identifying the name of the occupant.

[2] Attached sign identifying a permitted home occupation.

[3] Attached or freestanding sign identifying a permitted professional use.

[4] Signs for political speech purposes.

(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.

(a) The following kinds of signs shall be permitted in the Neighborhood Commercial and the Village Commercial Districts:

[1] Freestanding signs.

[2] Projecting signs.

[3] Attached and awning signs.

[4] Menu board signs.

[5] Window signs.

[6] Signs for political speech purposes.

(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.)

(c) The maximum area for each kind of sign is as follows:

[1] Freestanding sign: 15 square feet.

[2] Attached or awning sign: 24 square feet.

[3] Projecting sign: six square feet.

[4] Menu board sign: four square feet.

(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).

(a) The following kinds of signs shall be permitted in the Highway Business, Office and Professional, and Business Park Districts:

[1] Freestanding signs.

[2] Attached or awning signs.

[3] Window signs.

[4] Changeable message signs.

[5] Banners.

[6] Signs for political speech purposes.

(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:

[1] Freestanding signs:

[a] One to four uses: 50 square feet.

[b] Five or more uses: 12 square feet use, provided that no sign exceeds 144 square feet.

[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:

[a] Freestanding signs.

[b] Attached or canopy signs.

[c] Signs over entrance bays.

[d] Customary lettering or other insignia which are a structural part of the gasoline pump.

[e] Credit card signs.

[f] Waste oil recycling signs.

[g] Banner signs.

[h] Signs for political speech purposes.

[2] The number of signs shall be limited as follows:

[a] One freestanding sign.

[b] Three attached signs.

[c] One sign over each bay.

[d] One oil recycling facility sign.

[e] Two credit card signs.

[f] Pump signs as required by law.

[3] The maximum size of signs permitted shall be limited as follows:

[a] Freestanding sign: 50 square feet.

[b] Attached sign: 20 square feet.

[c] Sign over bay: four square feet.

[d] Credit card sign: four square feet.

[e] Pump signs: as required by law.

[f] Oil recycling facility sign: four square feet.

[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).

(a) The following kinds of signs are permitted in the Industrial Park District:

[1] Freestanding signs.

[2] Attached signs.

[3] Signs for political speech purposes.

(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.

(c) The maximum areas of signs in the Industrial Park District are as follows:

[1] Freestanding sign: 50 square feet.

[2] Attached signs: 40 square feet.

(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).

(a) The following kinds of signs are permitted in the Commercial Recreation District:

[1] Freestanding signs.

[2] Attached and awning signs.

[3] Signs for political speech purposes.

(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.

(c) The maximum areas of signs in the Commercial Recreation District are as follows:

[1] Freestanding sign: 50 square feet.

[2] Attached signs: 50 square feet total for all attached/awning signs.

(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.

[h] The applicant shall submit, in written narrative form, a statement specifying:

[i] The necessity for the sign.

[ii] Whether the sign will obstruct the view of motorists in the area.

[iii] The nature of the sign, e.g., advertising, directional, informational, decorative, etc.

[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.

§ 490-31 Nonconforming uses, buildings or structures.

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.

§ 490-32 Site plan application.

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.

(i) The location and design of landscaping, buffer areas and screening devices. The landscape plan shall meet the standards and contain the data required in § 490-33E and F.

(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.

(p) Tree locations and inventory as provided for under Chapter 273, Forest, Tree and Soil Preservation and Mitigation.

[Added 7-14-2004 by Ord. No. 22-04]

(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.

§ 490-33 Performance standards.

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.

[1] Editor's Note: See also Ch. 321, Noise.

(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:

(a) Adversely affects, at any point, the operation of any equipment other than that belonging to the creator of the interference.

(b) Is not in conformance with the regulations of the Federal Communications Commission.

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:

(a) General parking and pedestrian areas.

[1] Six-tenths footcandle minimum.

[2] Four to one (avg/min.) uniformity ratio.

(b) Vehicle use area (only).

[1] One and zero-tenths footcandle average.

[2] Three to one (avg/min.) uniformity ratio.

(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]

§ 490-34 Piers, docks and marinas.

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:

(a) The channel to open water shall be not less than four times the width of the widest boat moored in the marina.

(b) The clearance in berthing and maneuvering areas within the marina shall be not less than twice the length of the longest boat moored in the marina.

(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.

§ 490-35 Conditional uses.

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:

(a) Is a use permitted in the zone district.

(b) Meets all the required conditions for said zone district, except where the conditions hereinafter set forth specifically amend such conditions.

(c) Meets the requirements set forth for the particular conditional use hereafter described.

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.

E. (Reserved)[1]

[1] Editor's Note: Former § 137-31E, Cemetery uses, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

I. Funeral homes.

(1) A minimum lot area of one acre shall be required.

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

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.

§ 490-36 Telecommunications antennas and towers.

[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.