A. Retail and/or wholesale business uses shall not display goods for sale, including motor vehicles, outdoors except in accordance with a site plan approved by the municipal agency or for temporary sidewalk or other types of outdoor sales, in accordance with a permit or other approval issued therefor by the Township Committee.

B. Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business enclosed within a structure located on the site. Uses such as temporary flea markets where two or more concessionaires, proprietors or businesses display goods for sale out-of-doors shall not be permitted in any zone within the Township except in accordance with a permit or other approval issued therefore by the Township Committee.

C. Goods for sale which are displayed or stored outdoors shall not be located in any required front yard area or between any side or rear lot line and the required side or rear setback line or within any sight triangle area.

D. The provisions of this section shall not be applicable to the RC Zone, provided that the outdoor sale or display of goods shall not be visible from any public street.

No person shall store materials of any kind outdoors in any district, except for the construction of a structure to be erected on the premises, unless specifically permitted elsewhere in this chapter.

As a condition of approval and the continuance of any use, occupancy of any building or structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the municipal agency or to its designated representative, that the proposed use, building or structure, process or equipment will conform fully to all of the applicable performance standards. As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The municipal agency may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes. The municipal agency may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use, and the cost thereof shall be borne by the owner, applicant or specific use in question:

A. Conditional permit.

(1) In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this chapter, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and during operation.

(2) Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this chapter have been met.

B. Noise. All uses in the Township of Jackson shall conform to the provisions of Chapter 291, Noise, of the Code of the Township of Jackson.

C. Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with:

(1) Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a firebox or the building of a new firebox, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.

(2) Solid particles.

(a) In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission, in pounds per hour, established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.

(b) In any other zone, except the Industrial Zone, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.

(c) In the Industrial Zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.

(d) No open burning shall be permitted in any zone unless a permit is obtained from the State Forrest Fire Service and the burning is conducted in accordance with the permit.

[Amended 6-30-2003 by Ord. No. 15-03]

(e) All incinerators shall be approved by the State Department of Environmental Protection.

(f) Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.

(3) Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.

D. Liquid waste. No liquid waste shall be discharged into any watercourse or sewage collection and disposal system, except in accordance with plans approved by the Jackson Township Municipal Utilities Authority or, where applicable, the Ocean County Utilities Authority and, where required, by the New Jersey Department of Environmental Protection.

E. Solid waste. All uses in the Township shall:

(1) Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.

(2) Comply with all applicable provisions of the Air Pollution Control Code.

(3) Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection.

(4) Permit no accumulation on the property of any solid waste, junk or other objectionable materials.

(5) Not engage in any sanitary landfill operation on the property, except as may be permitted by other Township codes and ordinances.

(6) Comply with all applicable provisions of the New Jersey Statewide Mandatory Source Separation and Recycling Act of 1987, P.L. 1987, c. 102.

F. Radiation. All use of materials, equipment or facilities which are of or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, P.L. 1958, c. 116, as amended, whichever shall be more stringent.

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

(1) Approval of the use, building, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been or will be taken or installed.

(2) Approval from the Township Fire Prevention Bureau that the applicant has complied with all applicable Township fire prevention regulations.

H. No activity shall be maintained on the premises which will produce heat or glare beyond any property line.

I. No machinery or operation shall be permitted which shall cause perceptible earthshaking vibration beyond the property lines of the lot on which the use is located.

J. Storage of flammable material. The storage of all flammable and combustible liquids and gases shall be subject to approval by the Bureau of Fire Prevention and the following regulations:

(1) The storage of fuel oil in aboveground tanks of a capacity greater than 275 gallons, or of a capacity greater than 10 gallons within structures, shall be prohibited in residential areas or in connection with residential uses. (Gallonage shall be determined by water capacity measurement.)

(2) The aboveground storage of any other flammable liquids or materials in tanks or a capacity greater than five gallons of combustible liquids or materials greater than 60 gallons and all underground storage of any other flammable or combustible liquids or materials, including dispensing equipment, shall be prohibited in residential areas. (Gallonage shall be determined by water capacity measurement.)

(3) The storage of liquefied petroleum gases or other types of bottled gas, supplied or delivered for residential consumption, shall be limited to a tank or tanks with a combined equivalent water capacity of 500 gallons for each residential dwelling or structure serviced.

(4) All installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 1,200 gallons shall comply with all requirements of Chapter 204, Fire Prevention, and all installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 4,000 gallons shall be prohibited in areas not served by public water mains and fire hydrants complying with the requirements of the Fire Prevention Code. The bulk storage, processing or manufacturing of liquefied petroleum gas or other types of bottled gas or facilities therefor shall not be permitted in any residential zone.

(5) All installations of flammable or combustible liquids, compressed gases or other hazardous fuels shall comply with the requirements of Chapter 204, Fire Prevention, of the Code of the Township of Jackson and amendments thereto.

K. Fire-resistant construction. All new construction and additions shall be of fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.

L. Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:

(1) The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.

(2) Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property line.

(3) Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.

Wherever feasible, all of the following shall be preserved in their natural state:

A. Floodway, floodplain and flood hazard areas, as defined in this chapter.

B. Wetlands, as defined by the Freshwater Wetlands Protection Act, P.L. 1987, c. 156.

C. Areas containing a significant number of specimen trees, as defined in § 244-6.

D. Land with slopes in excess of 10%.

E. Existing watercourses, ponds, bogs and swamps.

F. Land with a seasonal high water table of less than two feet.

G. Extraordinary trees.

No lot utilized for single-family or two-family dwelling purposes shall contain more than one principal building.

A. All buildings and structures utilized for farm purposes shall be set back or in accordance with the setback requirements of the zone, and provided that roadside stands for the sale of products raised on the farm shall not be located closer than 40 feet to any street line.

B. The raising of vegetables and fruits for personal use, but not for sale, shall be permitted in any residential zone.

It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition all buildings and land in the Township of Jackson which he owns, uses, occupies or has maintenance responsibility for. Land uses within the Township of Jackson shall be maintained in accordance with the following regulations:

A. Maintenance of all land uses within the Township shall include but not be limited to the following:

(1) Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.

(2) Paint striping, traffic control signs and markings and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.

(3) Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.

(4) Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.

(5) All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours. Shopping carts shall be marked with the name of the establishment, the title and telephone number of the person responsible for maintenance of the shopping carts and a notice that they are not to be removed from the property on which the business is located. If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within 24 hours of notice from the Township. Failure to pick up such shopping carts within 24 hours of notice shall be a violation of this chapter, subject to the penalties prescribed herein.

(6) All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced. All lawn or other non paved areas shall be kept trimmed and free from weeds and other noxious growth.

(7) Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.

(8) All refuse stored outdoors shall be kept within containers in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within the side or rear yard areas and shall not be so located as to interfere with vehicular or pedestrian circulation. [Amended 12-9-1996 by Ord. No. 26-96]

(9) All outdoor lighting shall be maintained in a working condition.

B. All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in Subsection A above, additional maintenance responsibilities shall include but are not limited to the following:

(1) All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.

(a) Refuse enclosures. Where a site plan specifies an outdoor refuse storage area, such area shall contain an enclosure not less than 100 inches wide, 84 inches deep and 72 inches high and be sufficient to enclose containers of up to six cubic yards. The enclosure shall have locking gates. Any containers larger than six cubic yards must be located in an enclosure using accepted industry requirements. Refuse containers located elsewhere on the site shall not be permitted. [Added 6-12-2006 by Ord. No. 12-06]

C. All uses in the Township of Jackson shall also be subject to the provisions of Chapter 372, Streets and Sidewalks, of the Code of the Township of Jackson.

D. Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions herein shall be a violation of this chapter subject to the penalties prescribed in § 244-15.

A. Satellite dish antennas shall be permitted accessory uses within all zoning districts in the Township of Jackson.

B. General requirements. Satellite dish antennas proposed to be constructed and operated within Jackson Township shall comply with all of the following general requirements:

(1) A statement certified by the applicant shall be submitted, which sets forth the range of azimuth and elevation angles within which the proposed satellite dish antenna may be operated and the maintenance program which will be observed by the applicant with respect to the proposed satellite dish antenna, and which states that the proposed satellite dish antenna fully complies with all applicable federal and state statutes, regulations and requirements. Attached thereto shall be copies of any license or approval for the construction, placement or operation of the proposed satellite dish antenna required by any federal or state agency having jurisdiction.

(2) In connection with an application for a satellite dish which is to be used for transmission of signals, a statement, certified by a licensed engineer registered to practice in the State of New Jersey, shall be submitted which sets forth the maximum anticipated effective radiated power and the antenna pattern of the proposed satellite dish antenna. This statement shall contain a structural engineering analysis of the proposed satellite dish antenna and the extent to which the proposed satellite dish antenna complies with the design standards applicable to satellite dish antennas as set forth in this chapter.

(3) A satellite dish antenna or any accessory building used for housing equipment necessary for the operation of the satellite dish antenna shall only be located in a rear yard and shall not be located in a buffer area. Where the buffer setback requirements for rear yards and side yards exceed those minimum rear yard and side yard setback requirements for accessory buildings, the buffer setback requirements shall govern.

(4) A satellite dish antenna or any accessory building used for housing equipment necessary for the operation of the satellite dish antenna shall not violate the rear yard or side yard setback requirements applicable to accessory buildings within the particular zoning district, as set forth in this chapter. Where the accessory building setback requirements are less than the height of the satellite dish antenna, the required setback shall be that of the height of the satellite dish antenna.

(5) Any accessory building used for housing equipment necessary for the operation of the satellite dish antenna shall not exceed a building height of 12 feet, shall not exceed 150 square feet in area and shall be finished in the same architecture, with the same roofing and siding materials and in the same colors as the principal building.

(6) All wiring and connecting cables between the satellite dish antenna and the principal and accessory buildings on the property shall be buried underground.

(7) A screening plan shall be required with every application for a permit for the installation of a satellite dish.

(8) Only one satellite dish antenna shall be permitted on the applicant's property.

(9) A satellite dish antenna shall be of mesh-type construction and shall be painted so as to blend in with the immediate natural environment.

(10) No satellite dish antenna shall obstruct the view of the traveling public.

(11) No satellite dish antenna shall contain, be used as or be situated in such a manner so as to constitute a sign.

(12) No satellite dish antenna shall be constructed on the roof, wall or any other part of any structure, nor shall a satellite dish antenna be affixed to utility poles, signs, trees or fences.

(13) No satellite dish antenna shall be erected without the issuance of a development permit by the Jackson Township administrative officer.

(14) The construction and operation of a satellite dish antenna shall fully comply with all applicable federal and state statutes, regulations and requirements, including those pertaining to safety levels of radio frequency electromagnetic fields with respect to human exposure.

(15) Any person or persons, firm, corporation, association or partnership proposing to construct and operate a satellite dish antenna within any zoning district in Jackson Township shall, prior to such construction and operation, submit the following:

(a) The exact location, height and dimensions of the proposed satellite dish antenna and any accessory building used for housing equipment necessary for the operation of the satellite dish antenna, and the diameter of the dish itself shown on a property survey.

(b) The exact locations and dimensions of all buildings and structures on the premises on which the satellite dish antenna is to be located.

(c) Existing and proposed plantings or other natural barriers to provide protection and screening.

(16) Satellite dish antennas proposed in the HC Highway Commercial, RC Recreational Commercial, O/R Office/Research, LM Light Manufacturing or I Industrial Zoning Districts or proposed on the lots of nonresidential uses in the MUD Mixed Use Development Zoning District shall comply with the following:

(a) The height of the satellite dish antenna, measured vertically from the ground level to the area on which the satellite dish antenna is located, and up to and including the highest point of the satellite dish antenna when extended to its fullest height, shall not exceed 25 feet.

(b) The dish of the satellite dish antenna shall not exceed a diameter of 12 feet.

(17) Satellite dish antennas proposed in the R-3 Residential, R-2 Residential, R-5 Residential, R-20 Residential, R-15 Residential, R-9 Residential or NC Neighborhood Commercial Zoning Districts, or proposed on lots of detached single-family dwelling units in the PRC Planned Retirement Community, PMURD Planned MUD Mixed Unit Residential Development or MUD Mixed Use Development Zoning Districts, shall comply with the following: [Amended 12-23-2002 by Ord. No. 50-02]

(a) The height of the satellite dish antenna, measured vertically from the ground level to the area on which the satellite dish antenna is located, and up to and including the highest point of the satellite dish antenna when extended to its fullest height, shall not exceed 12 feet.

(b) The dish of the satellite dish antenna shall not exceed a diameter of nine feet.

(18) Satellite dish antennas proposed in the MF Multifamily or MHP Mobile Home Park Zoning Districts or proposed to serve attached dwelling units in the PRC Planned Retirement Community, PMURD Planned Mixed Unit Residential Development or MUD Mixed Use Development Zoning Districts shall comply with the following:

(a) The height of the satellite dish antenna, measured vertically from the ground level to the area on which the satellite dish antenna is located and up to and including the highest point of the satellite dish antenna when extended to its fullest height, shall not exceed 25 feet.

(b) The dish of the satellite dish antenna shall not exceed a diameter of 12 feet.

(c) Only one satellite dish antenna shall be permitted per development in the MF and MHP Zoning Districts.

(d) Only one satellite dish antenna shall be permitted to serve the attached dwelling units in developments in the PRC, PMURD and MUD Zoning Districts.