No topsoil, subsoil, sand or gravel shall be removed from any property or site in any zone unless and until a soil removal permit and/or license shall be obtained pursuant to Chapter 185, Excavations, Mining and Dredging, of the Code of the Township of Jackson; provided, however, that the following exceptions shall apply:
A. The Township Engineer may issue a soil removal permit, in conjunction with a building permit application, for removal of soil for building foundations and other structures, provided that the total amount of soil to be removed from any site does not exceed 500 cubic yards.
B. The Planning Board may approve a soil removal permit, as a condition of its approval of an application for development, upon finding that the removal is necessary for the development of the site as approved by the Board, and further provided that the amount of soil to be removed from the property or site does not exceed 1,000 cubic yards.
The dumping of refuse, waste material or other substances is prohibited in all districts within the Township, with the exception of designated landfill sites approved by the New Jersey Department of Environmental Protection.
A. Except as provided in this section, not more than one building permit shall be issued for any dwelling to be erected in a subdivision consisting of two or more lots if it is substantially alike in exterior design and appearance with any (adjoining) dwelling within 150 feet or separated by less than two contiguous conforming building lots on the same side of the street which is in existence or for which a building permit has been issued or is pending. The one-hundred-fifty-foot distance specified shall be the shortest distance between the property lines of the respective lots as measured along the street line. [Amended 2-9-1998 by Ord. No. 4-98]
B. Adjoining dwellings shall be considered to be substantially alike in exterior design and appearance when the front elevations are along the same approximate plane and they have any one of the following characteristics:
(1) The same basic dimensions are used without substantial differentiation of one or more exterior elevations.
(2) The same basic dimensions are used without substantial change in orientation of the houses on the lots.
(3) The height and designs of the roofs are without substantial change in design and appearance.
(4) The size, type and location of windows and doors in the front elevation are without substantial differentiation.
C. In addition to the requirements specified in Subsection B above, there shall be not less than three separate basic house designs in every subdivision consisting of 10 houses, not less than four basic house designs in every housing development of 20 houses and not less than five basic designs in every development consisting of 30 houses.
D. No building permit shall be issued for more than one dwelling in any housing development, except as provided in Subsection E, until an engineer's survey or an architect's drawing of the entire tract or part to be developed has been submitted to the Zoning Officer, showing thereon, or on a schedule attached thereto, the model number, type and design of each house, with the proper street and lot numbers for each house. The survey or drawing shall show the dimensions of each house and its exact location on the lot, with setbacks and width or depth of all yard spaces. In the event of a subsequent desired change in the basic design, size or location of a house in such tract, a revised plan and application therefor shall be filed and approved before such work is started.
E. In lieu of the submission specified in Subsection D above, the Planning Board of the Township of Jackson may, at its discretion, require an affidavit or a performance guaranty approved as to form by the Township Attorney, that the subdivision will be developed as a whole so that the intent and purpose of this section is satisfied. The Zoning Officer is also hereby authorized to require a similar affidavit or performance bond before issuance of more than one building permit in any housing development or part thereof for any subdivision heretofore approved by the Planning Board prior to the enactment of this chapter or for any land area not required to be subdivided.
The outdoor storage of a recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single-family properties, provided that:
A. Such storage shall not be permitted within any front yard area.
B. A recreational vehicle or small boat shall not exceed 35 feet in length and eight feet in width.
C. Only one such recreational vehicle and one small boat shall be permitted to be stored outdoors at any single-family residence.
D. A recreational vehicle or small boat less than 35 feet in length and eight feet in width shall be stored outside the required building rear and side setback lines of the zoning district within which the property on which it is stored is located.
E. Any such vehicles stored in accordance with this chapter shall not be occupied and shall not be provided with utility connections.
F. Boats, trailer, etc., to be owned by property owner.
A. No person, firm or corporation shall park or store, between the hours of 9:00 p.m. to 6:00 a.m., a motor-drawn vehicle, omnibus, school bus, pole trailer, road tractor or commercial motor vehicle upon any land, property or lot which is primarily used or zoned for residential purposes. The words and phrases stated and used in this section are intended to have the meanings set forth for such words and phrases respectively as set forth in Subtitle 1 of Title 39 of the New Jersey Revised Statutes.
B. The provisions of this section shall not apply to the following:
(1) Any commercial vehicle having a gross weight of six tons or less.
(2) Any vehicles used at or stored upon an active construction site.
C. No vehicle which contains, carries or transports hazardous materials and which is or should be placarded according to and complying with the Department of Transportation Hazardous Materials Regulations as published in Code of Federal Regulations, Title 49, shall be parked or stored in the Township of Jackson unless such area or place for parking or storage has received approval for such use by the appropriate agencies or the Township of Jackson. No such area shall be approved for parking or storage of such vehicles unless such area or place is sufficiently secured by fencing so as to prevent any tampering with such vehicle. In determining the suitability of such fences, review shall be in conformance with the standards of this chapter and all applicable codes and ordinances of the Township of Jackson.
The Board may grant the development of temporary uses or structures, provided that the use is a permitted use and the term of existence will not exceed one year by the minor site plan review procedure. Extensions of said approval may be granted, provided that the application is made prior to the expiration of said one-year term.
[Added 12-22-2003 by Ord. No. 41-03] The requirements for tree removal and replacement are set forth in Chapter 405, Tree Removal, of this Code.
[Added 8-26-2002 by Ord. No. 36-02] The following measures are to be encouraged in all new development:
A. For purposes of reducing water use, lawn areas will be limited and native low maintenance vegetation will be utilized for landscaping;
B. Clearing of native vegetation, particularly trees, is to be minimized;
C. Water consenting devices, such as drip irrigation, are to be utilized for irrigation pu rposes;
D. Low-flow shower heads, faucets and toilets are to be utilized.
A. In the non-Pinelands portion of the Township, no lot shall be created unless a minimum of 75% of the required minimum lot area of the particular zone within which it is located is situated outside of any wetlands, and further provided that a minimum of 50% of the required minimum lot area shall be situated outside of any wetlands and wetlands transition (buffer) area.
B. All such wetlands shall be properly delineated by field measurements and after field verification by the appropriate qualified professional and as approved by the NJDEPE.
A. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B. All yards facing on a street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which the lot is located, except as otherwise provided in this chapter. Except for corner lots, whenever there exists a conforming lot with a dwelling unit, where said lot has frontage on two rights-of-way, only the yard abutting the front facade of the dwelling unit shall be the front yard. The other yard shall be considered a rear yard. [Amended 4-22-2002 by Ord. No. 20-02]
C. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor may extend into any yard, provided that the total area of all such porches which extend into such yards does not exceed 100 square feet.
D. Additions or alterations to existing single-family dwellings that remain within the existing vertical planes shall be permitted; provided, however, that no further encroachment into an y setback area occurs.
E. Access ramps for handicapped individuals shall be exempt from the building setback requirements for the particular zoning district.
[Added 7-10-1995 by Ord. No. 26-95]
A. The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use in all zones where it currently legally exists or is currently an allowed use under this chapter and all other ordinances of the Township, county and state dealing with health, sanitation and environmental protection. The "right to farm," as it is used in this section, includes the use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, farm laborers and the application of chemical fertilizers, insecticides and herbicides, as well as other mechanized equipment and modern procedures, including composting and on-site disposal of organic waste, all for the purpose of producing from the land agricultural products such as but not limited to vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds, as well as the propagation and maintenance of horses, cows and other grazing livestock, fowl production, the maintenance of swine (as per and in accordance with Board of Health regulations) and providing for the processing and packaging, wholesaling and retailing of such products as contribute to farm income, including the construction of buildings, fences and parking areas in conformance with Township codes. Livestock fencing shall conform to the use intended and shall require a permit with no fee. [Amended 12-11-1995 by Ord. No. 38-95]
B. Definitions. For the purposes of interpretation of this chapter, the following definitions shall apply:
COMMERCIAL AGRICULTURE The production principally for sale to others of plants and animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products.
FARM An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to crop land, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agricultural pursuits.
HOME AGRICULTURE The production principally for home use or consumption of plants, animals or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.
C. The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular agricultural/farming, livestock and/or fowl production and when conducted in accordance with generally accepted agricultural/farming practices, can and may occur on holidays, Sundays and weekdays, at night and in the day, and the usual noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right.
D. It is expressly found that whatever inconveniences may be caused to others not of the farming community by such uses and activities so conducted is legal for the farmer and is more than offset by the benefits from farming to the neighborhood, community and to society in general, by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of farming operations in Jackson Township and in New Jersey as a source of agricultural products for this and future generations.
E. If a developer plans to build or sell 10 or more homes by creating a new subdivision or site plan with multifamily development in an area within 500 feet in any direction of a property currently in active farm use or zoned to allow said use, the developer or his or her agent must inform prospective purchasers, in writing, that they are near or next to an active farm and therefore may be subjected to such usual noises, odors, dust and/or fumes that an active farm may normally have. Furthermore, they should be aware of this right-to-farm ordinance which allows the farmer to pursue his endeavors without complaints and/or harassment. Also, any such development that occurs in the area of an active farm use shall do so in a manner so as not to infringe on the rights of the farm. Particular attention must be paid to the water problems in said area as well as environmental issues. Such development cannot and will not cause flooding problems for the farmer or the neighborhood. Furthermore, if a development is erected next to an active use, the developer must erect and maintain a buffer use of at least 50 feet on his property for protection of both the existing farm and the new development. [Amended 12-11-1995 by Ord. No. 38-95]
F. In an effort to preserve and continue farming in the Township of Jackson, residents involved in active farming and agricultural pursuits should and can be allowed to construct buildings on their land that are directly related to the farming pursuit, e.g., barns, storage buildings, equipment buildings, etc. Said buildings must be erected in accordance with Township building codes and shall follow the schedule as set for the Township.
G. These statements are of a general intent and meant to express a basic philosophy by which all other ordinances are to be considered and interpreted.
