Any restrictions or requirements with respect to buildings, structures or land which appear in other ordinances of the Township of Jackson or are established by law and which are greater than those set forth herein shall take precedence over the provisions of this chapter.

Except as herein otherwise provided:

A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building or structure be designed, used or intended to be used, for any purposes or in any manner other than as specified among the uses listed herein as permitted in the zone in which such building, structure or land is located.

B. No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations herein designated for the zone in which such building, structure or open space is located.

C. No off-street parking area or loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.

D. No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone in which said lot is located or unless a variance has been granted therefrom.

E. No use shall be considered a permitted use or a conditional use in a zoning district unless included as such in the particular zoning district.

Unless otherwise specified in this chapter, accessory buildings shall conform to the following regulations as to their locations on the lot:

A. Detached accessory buildings shall be located in other than a front yard and, if located in a side or rear yard area, shall conform to side or rear setback requirements of this chapter for the particular zo ning district.

B. Accessory buildings shall occupy not more than 25% of the rear or side yard area in any re sidential zone.

C. No detached accessory structure in any residential zone shall be less than 10 feet from the principal building.

Animals shall be a permitted use in any residential zone; provided, however, that they adhere to the following:

A. The minimum health standards established and administered by the Jackson Township Board of Health.

B. They are not for commercial use.

C. The provisions of Chapter 98, Animals, of the Code of the Township of Jackson.

The exterior elevations shall be arranged, and outer walls of nonresidential buildings shall be faced with materials approved by the municipal agency in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.

No residential structure, be it manufactured or otherwise, shall be located, placed or erected unless such structure shall have a finished elevation which gives the same appearance as a residence that has been constructed on a foundation. Manufactured detached single-family homes (dwellings) shall be permitted to the same extent and subject to the same restrictions as nonmanufactured homes, provided that the manufactured home is not less than 22 feet wide upon final assembly of the sections, is located on a permanent foundation and is to be constructed on a conforming lot the title to which is held by the manufactured homeowner.

Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures. The types of construction not considered to be residential in character include but shall not be limited to storefront type of construction; garage doors larger than needed for passenger vehicles or light commercial vehicles and unfinished concrete blocks or cinder block wall surfaces.

In zoning districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:

A. No bulk storage of materials or equipment shall be permitted in any required front yard area or wi thin 100 feet of any public street, whichever is greater.

B. No bulk storage of materials or equipment shall be permitted between any side or rear lot line and th e required side or rear setback line.

C. All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the municipal agency. Where property is adjacent to a residential zone, the screening shall meet the minimum requirements established by § 244-193.

D. No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks, and all setback areas shall be landscaped in accordance with the requirements of § 244-193.

E. All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing materials, as required by the municipal agency, which shall be of sufficient strength to handle the anticipated use.

F. In no instance shall on-site bulk storage of material exceed the height of 10 feet.

G. No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus 50 feet, except as the same may be in transit to or from the site.

Except as otherwise provided pursuant to § 244-142, where two or more lots, created by the filing of a map pursuant to the Map Filing Law prior to establishment of subdivision review by the Jackson Township Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.

A. All new construction and substantial improvements to residential structures shall have the lowest floor, including basements, elevated to or above the base flood level, unless the Township is granted an exception by the Federal Insurance Administration for the allowance of basements and/or storm cellars.

B. All new construction or substantial improvements to nonresidential structures shall have the lowest floor, including basements, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Where floodproofing is utilized for structures constructed below the base flood elevation, a registered New Jersey professional engineer and/or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressure, velocities, impact and uplift forces and other factors associated with the base flood. The Construction Official shall maintain a record of such certificates indicating the specific elevation, in relation to mean sea level, to which such structures are flood proofed.

C. Plans submitted with applications for building permits for all new construction or substantial improvements to residential and nonresidential structures on land having an elevation of less than the base flood elevation and/or within any A Zone, as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, shall include the elevation of the first finished floor and the elevation of the basement or cellar, where provided. Data shall be United States Coast and Geodetic Survey data (MSL-0), and the source of data shall be noted. The Construction Official shall maintain a record of all such first finished floor, basement and cellar elevations submitted.

D. Prior to the issuance of any building permit on land located within an unnumbered A Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.

E. Whenever an applicant proposes to alter or relocate a watercourse, he shall notify adjacent communities and the New Jersey Department of Environmental Protection and submit copies of such notification to the Federal Insurance Administration. The design of the alteration or relocation of any watercourse shall be required to demonstrate that the flood-carrying capacity of the watercourse is maintained.

F. All mobile homes located on land having an elevation less than the base flood elevation shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be as follows:

(1) Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long shall require one additional tie per side.

(2) Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, and mobile homes less than 50 feet long shall require four additional ties per side.

(3) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

(4) Any additions to the mobile home shall be similarly anchored.

G. Any expansion to existing mobile home parks, or in existing mobile home parks where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, located on land having an elevation below the base flood elevation, shall make provision that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for pilings more than six feet above the ground level.

H. All mobile homes, not within mobile home parks, which are located on land having an elevation below the base flood elevation shall make provision that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for piers more than six feet above ground level.

I. No alteration or removal of natural vegetation which would increase potential flood damage shall be permitted.

J. No building, structure or use shall be permitted within floodways or flood hazard areas.

K. With any application for development on land located within a floodway and/or having an elevation of less than the base flood elevation, the municipal agency shall require that the applicant submit a plan, certified by a registered New Jersey professional engineer and/or registered architect, of the flood-protection measures to be taken. Such flood protection measures shall include, where applicable, the following:

(1) Anchoring to resist flotation, collapse and lateral movement.

(2) Installation of watertight doors, bulkheads and shutters or similar methods of construction to protect against winds or wave action.

(3) Reinforcement of walls to resist water pressures.

(4) Use of paint, membranes or mortars to reduce seepage of water through walls.

(5) Addition of mass or weight to structures to prevent flotation or lateral movement.

(6) Installation of pumps to lower water levels in structures.

(7) Construction of water supply and waste treatment systems so as to prevent the infiltration of floodwaters.

(8) Pumping facilities or comparable practices for subsurface drainage system for buildings to relieve external foundation wall and basement flood pressures.

(9) Construction to resist rupture or collapse caused by water pressure or floating debris.

(10) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity drainage of basements may be eliminated by mechanical devices.

(11) Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to flooding and to provide protection for inundation by the base flood.

(12) Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the base flood elevation or are adequately floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into floodwaters.

(13) Location and construction of parking areas and access drives to permit safety of access for emergency vehicles in times of flood.

A. Except as otherwise provided in Subsection C, every principal building shall be built upon a lot with frontage upon a street improved to meet the Township requirements for improved public streets or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to this chapter, unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.

B. Where a building lot has frontage on a street which the Master Plan of the Township indicates is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed right-of-way line.

C. A single-family residential dwelling shall be permitted to be built upon a lot on a public street which is semi-improved, provided that the following terms and conditions are complied with:

(1) The Township Engineer shall determine that the right-of-way of such street abutting such lot is of the width herein required and will allow for the future installation of curbs. In certifying conformance with the foregoing, the Township Engineer shall consider the potential availability of a right-of-way from property owners directly opposite from the lot in question and for the entire length of such semi-improved street so as to allow for the future orderly development of the immediate area and the street.

(2) The lot upon which a building is proposed shall have access along a semi-improved street to the public street system of the Township. Nothing herein shall prevent a property owner from improving an unimproved roadway to the status of a semi-improved roadway in order to comply with this requirement.

(3) As used in this subsection, the following terms shall have the meanings indicated:

IMPROVED PUBLIC STREET A street meeting all of the following requirements:

(a) A dedicated public right-of-way of at least 33 feet.

(b) Constructed with a suitable base and a hard surface treatment of 24 feet in width.

(c) Surface to be free of potholes with sufficient drainage so as to avoid flooding or ponding of water. Drainage easements may be required for this purpose from any applicant.

SEMI-IMPROVED PUBLIC STREET A street meeting all of the following requirements:

(a) A dedicated right-of-way of at least 33 feet in width with a traveled surface sufficiently wide so as to permit two motor vehicles traveling in opposite directions on it to safely pass each other, with a minimum of six inches of road gravel surface of at least 24 feet in width over a suitable subbase.

(b) Such gravel surface shall be free of potholes, with sufficient drainage to avoid ponding, causing it to be passable to all vehicles, including emergency and fire apparatus, at all times of the year.

(4) Procedures:

(a) The applicant for a building permit on a semi-improved street must receive from the Township Engineer a certification, in writing, that said semi-improved street, as herein defined, provides access from said lot to the presently existing public street system and that the portion of the semi-improved street upon which the lot abuts conforms to the provisions of the foregoing Subsection C(3). Said certification must be received prior to the issuance of a building permit and must be secured at the sole expense of the applicant, which will include all reasonable legal, engineering and inspection fees as shall be necessary. An initial escrow fee of $500 shall be deposited with the Township prior to any such inspection by the Township Engineer, which initial deposit shall defray all or a part of the actual cost of such inspections and estimates by the Township Engineer and the review of the Township Attorney, as set forth herein.

(b) In the event that a certification is granted by the Township Engineer to the applicant, the Township Engineer shall prepare an estimate of the cost of improving the semi-improved street and shall also include the projected cost of installing curbing and that portion of anticipated off-site drainage necessitated by this construction.

(c) Before receiving a permit for construction of a single-family residential dwelling on a semi-improved public street, an applicant must comply with any one of the following requirements:

[1] The applicant shall improve that portion of the semi-improved street (full width) upon which the lot abuts, from lot line to lot line, to the status of an improved street, with a hard surface, curbing and drainage.

[2] The applicant shall deposit with the Township a cash deposit or a performance guaranty with sufficient surety in favor of the Township in a form approved by the Township Attorney in amount of the estimate prepared by the Township Engineer, which deposit or guaranty shall be held by the Township until the improvement to the street is completed by the applicant or until the Township deems, in its discretion, that the semi-improved street shall be fully improved by the Township. The deposit or guaranty so held by the Township shall be used only to defray the cost of improving the roadway to Township specifications and for off-site drainage. In the event that the actual cost of constructing and fully improving a semi-improved street by the Township exceeds the amount of any deposit or guaranty deposited with the Township, any additional sum shall also be the responsibility of the owner of said lot and may be collected by the Township by way of assessment or by other means available to the Township.

[3] The applicant shall sign an agreement to be recorded in the Ocean County Clerk's office acknowledging the obligation of the applicant, or the applicant's successors and assigns, to improve that portion of the semi-improved street upon which the applicant's property abuts to the status of an improved public street as defined above. This agreement shall acknowledge that in the event that improvement is not made by the applicant or the applicant's successors or assigns, the Township shall have the right to improve the public street or roadway as a local improvement and to assess the cost of the improvement to all properties abutting the street which will benefit by the improvements thereof, such assessment to be made as an assessment for a local improvement pursuant to law. In addition, prior to the issuance of a certificate of occupancy, the applicant shall submit to the Township Attorney for approval a deed for said property containing or referencing the recorded road agreement. Proof of the recording of the deed containing such provisions shall be required prior to the issuance of the certificate of occupancy. The Construction Code Official shall also cause the certificate of occupancy to specifically reference the recorded road agreement and deed.

A. No structure shall extend higher than the limit provided in each zone created hereunder for building height.

B. The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit.

C. The height limitations created hereunder shall apply to chimneys, ventilators, skylights, stair towers, elevator towers, appurtenances usually carried above the roof level and noncommercial radio and television antennas attached to a building, except that same may exceed said height limitation by not more than 15 feet, except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation by no more than six feet. Such features shall not exceed, in total coverage, 20% of the total roof area.

D. Freestanding noncommercial radio and television antennas, flagpoles and windmills may exceed the height limits created hereunder by not more than 15 feet.

A. Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located at least 15 feet from the rear lot line and 15 feet from the side lot line or at least at the required side yard setback for the particular zoning district in which the lot is located, whichever is greater.

B. Freestanding antennas exceeding 20 feet in height or antennas extending 20 feet above the point of attachment to a building shall be built to withstand winds of at least 100 miles per hour.