City of Estell Manor, NJ
Atlantic County
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Table of Contents
Table of Contents
[1]:
The general power to license and to prescribe license fees is contained in R.S. 40:52-1.2. Licensing is also a part of the general police power granted by R.S. 40:48-2.

4-1 General Provisions.

4-1.1. 
Purpose. The purpose of this section is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the city, except alcoholic beverage licenses, dog licenses, and taxicab licenses.
4-1.2. 
Application for License. An application for a license shall be accompanied by the required fee and shall be made to the city clerk on forms provided by him, and shall contain the following information:
a. 
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
b. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
c. 
If a vehicle is to be used, its description including the license number.
d. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
f. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
g. 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed.
h. 
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
The applicant shall be fingerprinted if the chief of police determines that fingerprints are necessary for proper identification. Fingerprint records shall be immediately processed for classification and identification.
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
4-1.3. 
Investigation of Applicants. Each application shall be referred to the director of public safety who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity he considers necessary for the protection of the public. He shall communicate his decision as to the granting or denial of the license in writing to the city clerk within a reasonable time after the application has been filed. If the director decides that the applicant's character, ability or business responsibility is unsatisfactory, or the products, services or activity are not free from fraud, he shall disapprove the application and the clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the clerk shall issue the license immediately, provided the required license fees have been paid, except in cases where approval of the city council is required. In the event of the refusal of the issuance of a license, the applicant may appeal to the council for a hearing. The written appeal shall be filed with the clerk within 10 days after notification of the refusal. The council shall hold its hearing within 14 days thereafter, and its decision shall be final.
4-1.4. 
Contents of License. Licenses shall contain the following information:
a. 
The name and address of the licensee.
b. 
The number and type of the license and the nature of the licensed activity.
c. 
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
d. 
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
e. 
The expiration date of the license.
f. 
Any other appropriate information which the council may require by resolution.
4-1.5. 
License Record. The City Clerk shall keep a record of all licenses issued under this chapter. The record shall contain the same information as is required by Subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date upon which payment was received, the date of the issuance of the license and whether the license is a new license or a renewal.
4-1.6. 
Display of License. When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. Otherwise, the licensee shall have the license in his possession at all times while pursuing the licensed activity and shall display it upon the request of a police officer or any person with whom he is doing business.
4-1.7. 
Transferability. A license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place upon notification to the City Clerk and payment of a fee of $5.
4-1.8. 
Expiration Date, Renewal. Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
4-1.9. 
Revocation of License, Causes. Any license issued by the city may be revoked by the Council, after notice and a hearing, for any of the following causes:
a. 
Fraud or misrepresentation in an application for a license.
b. 
Fraud, misrepresentation or dishonesty in the conduct of the licensed activity.
c. 
A violation of any provision of this revision.
d. 
Conviction of the licensee for a high misdemeanor or misdemeanor.
e. 
Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or menace to the public health, safety or general welfare.
4-1.10. 
Notice of Hearing. Written notice of a hearing for the revocation of a license shall be given by the City Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
4-1.11. 
Hearing, Determination. At the hearing, the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent stenographic record made of the proceedings at his own expense. The Council shall revoke or suspend the license if it is satisfied by the evidence that the licensee is guilty of the acts charged.
4-1.12. 
Reinstatement of Revoked Licenses. The Council may issue another license to a person whose license has been revoked if, after hearing, upon application, it is satisfied that the acts which led to the revocation will not occur again; otherwise, no person whose license has been revoked nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
4-1.13. 
Power To Make Rules and Regulations. The Council may, by resolution, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of administering the provisions of this chapter or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.
4-1.14. 
Excessive Noise and Lights. No vendor, peddler or other commercial enterprise selling merchandise or wares or soliciting business or operating an amusement park in the city shall at any time use loud and offensive mechanically produced noises or bright and offensive lights to solicit business or attract attention.

4-2 Peddlers, Hawkers, Canvassers and Vendors.

4-2.1. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PEDDLER
Includes any person, whether or not a resident of the city, traveling by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit ices, soda water, garden farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers or anyone taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature for future delivery or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, and with or without accepting an advance payment, or any person who solicits contributions or payments for any charitable purpose not specifically authorized by resolution of the governing body. The word "peddler" shall include the words "hawker," "vendor," "solicitor" and "canvasser." Included within this definition shall be any person who, although not soliciting goods, trade or contributions, may be taking a poll or survey or distributing advertisements or handbills.
4-2.2. 
License Required. It shall be unlawful for a peddler to conduct business or otherwise operate within the City of Estell Manor without first obtaining a license, which must be displayed and shown at all times.
4-2.3. 
Fees. The license fee for a peddler shall be $25 per year.
4-2.4. 
Exceptions. This section shall not be construed to include:
a. 
The delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of the type commonly delivered on a house-to-house basis.
b. 
Federal census takers and polls or surveys taken pursuant to federal, state or local laws.
c. 
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9, as long as said veteran or volunteer fireman shall comply with all other applicable provisions.
d. 
The distribution of literature or handbills on behalf of a candidate for public office.
e. 
Any solicitation for charitable or religious purposes authorized by resolution of the governing body.
4-2.5. 
Applications and Restrictions. All applications for a license under this chapter shall be made upon standard forms approved by the governing body and available in the office of the City Clerk during normal business hours, accompanied by the fees required herein. All applications shall be approved only after consideration and approval by the governing body, which may impose such reasonable restrictions, limitations and conditions as it may, in its discretion, deem appropriate to maintain the peace and quiet of the municipality and the safety and welfare of its residents. Any violation of any federal, state, county or municipal rule, regulation or restriction shall result in the immediate revocation of any license issued under this section, and licenses may be revoked at any time by action of the governing body for cause.
4-2.6. 
Violations and Penalties. Any violations of this chapter shall be subject to the general penalty provision of Section 3-7 of these Ordinances.

4-3 (Reserved) [1]

[1]:
Editor's Note: Former Section 4-3, Solicitors and Canvassers, was repealed 8-6-86 by Ord. 86-9.

4-4 Cutting and Harvesting of Trees.

4-4.1. 
Purpose. The governing body of Estell Manor does herein declare that there exists a problem in the control of unlawful woodcutting within the municipality; that the woodlands are an important cultural, ecological, scenic and economic resource; that proper management of this resource will ensure its maintenance for all forest benefits, including, but not limited to, watershed protection, wildlife habitat, recreation and aesthetics; and that such management may, at the same time, provide greater economic returns for timber harvesting. The governing body of the City of Estell Manor further finds and declares that there is an urgent need for control and management of tree cutting within the municipality where the woodlands and the current yield of timber therefrom are below the region's potential because of wild fire, excessive cutting and poor management.
4-4.2. 
Definitions. For purposes of this chapter, the terms herein shall be defined as follows:
FORESTRY
The planting, cultivating and harvesting of trees for the sustainable production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as forestry and, although they may otherwise require an application for development, they shall not require the issuance of a forestry permit:
a. 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed.
b. 
Horticultural activities involving the planting, cultivating or harvesting or nursery stock or Christmas trees.
c. 
Removal of trees necessitated by the development of a parcel as otherwise authorized by Chapter X, Zoning, of these ordinances.
d. 
Removal of trees necessary for the maintenance of utility or public rights-of-way.
e. 
Removal or planting of trees for the personal use of the parcel owner.
f. 
Removal of trees for public safety.
4-4.3. 
Permit required. No forestry shall be carried out by any person unless a permit for such activity has been approved by the City Council. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
a. 
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.
b. 
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.
c. 
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
d. 
Forest stand improvement designated to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and
e. 
Prescribed burning and the clearing and maintaining of fire breaks.
4-4.4. 
Forestry application requirements. The information in Subsection a, b or c below shall be submitted to the City Clerk prior to the issuance of any forestry permit:
a. 
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
b. 
For forestry activities on a parcel of land approved for woodland assessment that is not enrolled in the New Jersey Forest Stewardship Program:
1. 
A copy of the woodland management plan, the scaled map of the parcel and a completed woodlands date form, prepared pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7 through 18:15-2.15;
2. 
If not already contained in the woodland management plan required in Subsection b1 above, the following shall be submitted:
(a) 
The applicant's name, address and interest in the subject parcel.
(b) 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(c) 
The block and lot designation and street address, if any, of the subject parcel.
(d) 
A brief written statement generally describing the proposed forestry activities.
(e) 
The relevant portion of a United States Geological Survey (USGS) Quadrangle map, or copy thereof, and a copy of the relevant portion of the municipal tax map sheet on which the boundaries of the subject parcel and the municipal zoning designation are shown.
3. 
A scaled map or statement indicating how the standards set forth in Sections 4-4.7b, c, d, f, i and j will be met;
4. 
A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards of the protection of such plants and animals set forth in Sections 10-8.5a and 10-8.5b of Chapter X, Zoning, of these ordinances;
5. 
Unless the Pinelands Commission determines that it is unnecessary, a cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with Section 10-8.5j of Chapter X, Zoning, of these ordinances;
6. 
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Section 4-4.7h;
7. 
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended of harvesting are harvested;
8. 
A letter from the New Jersey State Forester indicating that the proposed forestry activities adhere to the silvicultural practices contained in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455;
9. 
A letter from the New Jersey State Forester commenting on the extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in Sections 4-4.7i and j;
10. 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
11. 
When prior approval for the forestry activities has been granted by the Zoning Officer or other city approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to Section 10-11.9e of Chapter X, Zoning, of these ordinances.
c. 
For forestry activities on a parcel of land that has not been approved for woodland assessment and is not enrolled in the New Jersey Forest Stewardship Program:
1. 
The information required in Subsections b2 through 11 above; and
2. 
A forestry activity plan which includes, as appropriate:
(a) 
A cover page for the forestry activity plan containing:
(1) 
The name, mailing address and telephone number of the owner of the subject parcel.
(2) 
The municipality and county in which the subject parcel is located.
(3) 
The block and lot designation and street address, if any, of the subject parcel.
(4) 
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel.
(5) 
The date the plan was prepared and the period of time the plan is intended to cover.
(b) 
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, silvicultural prescriptions and management practices;
(c) 
A description of each forest stand in which a proposed activity, prescription or practice will occur. These standard descriptions shall be keyed to an activity map and shall include, as appropriate, the following information:
(1) 
The number of acres.
(2) 
The species composition, including overstory and understory.
(3) 
The general conditions and quality.
(4) 
The structure, including age classes, diameter at breast height (dbh) classes and crown classes;
(5) 
The overall site quality.
(6) 
The condition and species composition of advanced regeneration, when applicable.
(7) 
The stocking levels, growth rates and volume.
(d) 
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period. These may include but are not necessarily limited to a description of:
(1) 
Stand improvement practices.
(2) 
Site preparation practices.
(3) 
Harvesting practices.
(4) 
Regeneration and reforestation practices.
(5) 
Improvements, including road construction, stream crossing, landings, loading acres and skid trails.
(e) 
A description, if appropriate, of the forest products to be harvested, including the following:
(1) 
Volume; cords; and board feet.
(2) 
Diameter at breast height (dbh) classes and average diameter.
(3) 
Age.
(4) 
Heights.
(5) 
Number of trees per acre.
(f) 
A property map of the entire parcel which includes the following:
(1) 
The owner's name, address and the date the map was prepared.
(2) 
An arrow designating the north direction.
(3) 
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet.
(4) 
The location of all property lines.
(5) 
A delineation of the physical features such as roads, streams and structures.
(6) 
The identification of soil types. (A separate map may be used for this purpose.)
(7) 
A map inset showing the location of the parcel in relation to the local area.
(8) 
Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map.
(9) 
A legend defining the symbols appearing on the map.
4-4.5. 
Forestry permit procedures.
a. 
Applications for forestry permits shall be submitted to the City Clerk and shall be accompanied by an application fee of $250.
b. 
Within 14 days of receipt of an application, the City Clerk or forester designated by the City of Estell Manor shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the City Clerk or designated forester fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
c. 
Within 45 days of a determination of completeness pursuant to Subsection b above, or within such further time as may be consented to by the applicant, the City Council shall approve the issuance of a forestry permit if the activities proposed in the application comply with the standards in Section 4-4.7 or disapprove any application which does not meet the requirements of Section 4-4.7. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
d. 
Upon receipt of a notice of disapproval pursuant to Subsection c above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the City Clerk for review. The City Clerk or designated forester shall review the revised application to verify conformity with the standards in Section 4-4.7 and the City Council shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection c above.
e. 
Failure of the City Council to act within the time period prescribed in Subsections b and c above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the City Council to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
f. 
In reviewing and issuing permits for forestry applications, the City Clerk and City Council shall also comply with the Pinelands Area notice and review procedures set forth in Sections 10-11.9d through g of Chapter X, Zoning, of these ordinances.
g. 
Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Commission Management Plan are met.
4-4.6. 
Administrative fees.
a. 
Upon the approval of a forestry application pursuant to Section 4-4.5 above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirement for the duration of the forestry permit.
b. 
Upon the approval of a forestry application pursuant to Section 4-4.5 above, the applicant shall post a financial surety, guaranteeing the performance of the requirements of Section 4-4.7 below, in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the City Council. The financial surety shall be for the sole purpose of ensuring property performance during the harvesting operation and shall not be intended to serve as a long-term maintenance guarantee. The surety shall be equal to the greater of $500 or 10% of the stumpage value of the wood to be harvested during the duration of any approval which is granted. The surety shall not be required to be posted for a period exceeding two years; this shall not preclude the city from requiring the posting of sureties for succeeding two-year periods. The financial surety shall be posted by the property owner or his agent with the city.
c. 
No harvesting shall be commenced until the applicant has provided the city with 72 hours' written notification of the intention to begin harvesting activities. Upon receipt of such notification or the completion of harvesting activities, the City may conduct inspections of the forestry operation; however, annual inspections shall not be required.
4-4.7. 
Forestry standards. Forestry operations shall be approved if the standard set forth below will be met:
a. 
All silvilcultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Section 4-4.4b8 above shall serve as evidence that this standard is met.
b. 
Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site.
c. 
All silvicultural and reforestation practices shall serve to maintain native forests, except in those areas where nonnative species are proposed to be harvested.
d. 
The following actions shall be required to encourage the reforestation of Atlantic White Cedar in cedar and hardwood swamps:
1. 
Clear-cutting cedar and managing slash.
2. 
Controlling competition by other plant species.
3. 
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowning.
4. 
Utilizing existing streams as cutting boundaries, where practical.
5. 
Harvesting during dry periods or when the ground is frozen.
6. 
Utilizing the least intrusive harvesting techniques, including the use of winches and corduroy roads, where practical.
e. 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in Sections 10-8.5a and 10-8.5b of Chapter X, Zoning, of these ordinances.
f. 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79.
g. 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in Sections 10-8.5j of Chapter X, Zoning, of these ordinances.
h. 
Herbicide treatments shall be permitted, provided that:
1. 
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Section 4-4.4b6 above.
2. 
Control of competitive plant species is clearly necessary.
3. 
Control of competitive plant species by other nonchemical means is not feasible.
4. 
All chemicals shall be expressly labeled for forestry use and shall be used in a manner that is consistent with relevant state and federal requirements;
i. 
A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested or reestablished. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met;
j. 
Stream crossings, access roads, timber harvesting, skid trails, log checks, portable sawmill sites, site preparation and reforestation shall be designed and carried out so as to: minimize changes to surface and ground water hydrology; minimize changes to temperature and other existing surface water quality conditions; prevent unnecessary soil erosion, siltation and sedimentation; and minimize unnecessary disturbances to aquatic and forest habitats. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met.
k. 
A copy of the forestry permit issued by the City Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.
4-4.8. 
Enforcement and Inspection. This section shall be enforced by the City Council or any member thereof or such other person as may be designated, from time to time by resolution, which officials shall be responsible for inspection of the logging operation and, in the event of noncompliance, may revoke the permit. Permits issued shall be valid only so long as the cutting operation conforms to the plan and any supplemental condition specified upon approval of the application. Nothing contained herein shall be deemed to restrict or impede enforcement of any power or authority granted to the New Jersey State Department of Environmental Protection, Division of Parks and Forestry, Bureau of Forestry, for enforcement of N.J.S.A. 13:9-1 et seq., state forest fire laws and regulations or any other statute or regulation.
4-4.9. 
Violations and Penalties. All penalties for violations of this section shall be in accordance with Section 3-7 of these Revised Ordinances, except in the case of the cutting or removal of trees not belonging to the violator, in which case the penalty shall be in accordance with that provided in Section 3-5.

4-5 Construction Trailers, Mobile Homes and Mobile Home Parks.

4-5.1. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
CONSTRUCTION TRAILER
A movable portable structure built on a chassis without a permanent foundation designed to contain facilities for the use of construction workers on site, including toilet facilities, storage facilities, office facilities, etc., but in no way envisions or includes facilities for overnight use.
MOBILE HOME
A movable, portable year-round dwelling built on a chassis, designed without a permanent foundation, connected to utilities and containing a flush toilet, a bath or shower and a kitchen sink.
MOBILE HOME PARK
Any plot or ground upon which two or more mobile homes or mobile units used for dwelling or sleeping purposes are located.
MOBILE HOME SPACE
A plot of ground within a mobile home park designed for the accommodation of one mobile home.
PUBLIC POTABLE WATER SUPPLY
A municipally or privately owned water supply approved by the New Jersey State Department of Health under the provisions of N.J.S.A. 58.10-1 and N.J.S.A. 58:11-1,[1] which is distributed to customers through a public water supply.
PUBLIC WATER SUPPLY SYSTEM
A municipally or privately owned system comprising structures which, operating alone or with other structures, results in the derivation, conveyance or transmission or distribution of water for potable or domestic purposes to consumers in 20 or more dwellings or properties. This definition does not include a public water treatment plant.
REFUSE
Garbage, rubbish and trade waste.
SANITARY SEWAGE
Any liquid waste containing animal or vegetable matter in suspension or solution or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers or any other source of water-carried waste of human origin or containing putrescible material.
SEMIPUBLIC WATER SUPPLY SYSTEM
A water supply system from which potable water is supplied to customers of more than one but less than 20 dwellings and from which water is used or made available for potable purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial, multiple dwellings or semipublic buildings, such as apartments, rooming and boarding houses, trailer camps, hotels, motels, tourist cabins, mobile home parks, restaurants, camps of all types, day and boarding schools, clubhouses, hospitals and other institutions, or as used in connection with the manufacture or the handling of ice, dairy products, food or drink.
SERVICE BUILDING
A building housing toilet and bathing facilities for men and women and such other facilities as may be required.
[1]:
Editor's Note: See now N.J.S.A. 58:12A-1 et seq.
4-5.2. 
General Layout and Design.
a. 
Location. The mobile home park shall be well drained and not adjacent to swamps, marshes or breeding places for insects or rodents.
b. 
Standard. Mobile home parks shall conform to city ordinances, statutes and applicable regulations governing the layout and design. In the absence of the same, they shall conform to Subsection c through j, inclusive, of this subsection.
c. 
Number of Homes. The number of mobile homes permitted in a park shall not exceed the number of mobile home spaces. In no case shall the number of home spaces exceed 40 spaces.
d. 
Minimum Size of Space. Each mobile home space shall be clearly marked and shall be adequate for the type of facility occupying the same. Mobile homes shall be at least 25 feet from the side of the space and at least 10 feet from the end of the space and at least 25 feet from any building or structure.
e. 
Road Layouts and Road Widths. All roads shall provide convenient circulation, be at least 20 feet in bed width and have an unobstructed access road width of at least 36 feet to a public street or highway.
f. 
Road and Parking Area Construction. Roads and parking areas shall be constructed of concrete or macadam, or of gravel, crushed stone, sand, clay, slag, or other suitable materials, with a light bituminous surface treatment, oil coating or other dust-preventive material. Roads shall be properly drained.
g. 
Sidewalk Layout and Construction. Public walks, where provided, shall be constructed of concrete, macadam, gravel, fine stone, cinders or other materials providing a safe, stable footing. Stepping stones may be used from main walks to mobile homes.
h. 
Permanency of Homes and Additions. Skirting or other nonpermanent additions are permitted, provided they are so constructed and installed as to facilitate underneath inspection and do not constitute a harborage for rodents or create a fire hazard. Permanent additions shall not be built onto or made part of any mobile home in a mobile home park. Additions are permitted, however, which are not of a permanent nature and can be removed at any time.
i. 
Recreation Areas. A minimum of 100 square feet per mobile home space shall be provided in one or more places for recreation areas, be restricted to such use, and be free of traffic hazards.
j. 
Lighting. Public areas of a mobile home park shall be adequately lighted so as to permit safe movement of vehicles and pedestrians at night.
4-5.3. 
Plumbing. All plumbing shall be in accordance with state and local codes and ordinances now or hereafter adopted.
4-5.4. 
Water Supply and Distribution.
a. 
General. An adequate supply of potable water, complying with the "Potable Water Standards" established by the State Department of Health of the State of New Jersey, shall be provided in each mobile home park. The water shall be obtained from an approved public potable water supply, if available, if an approved public potable water supply is not available, a water supply, approved by the local board of health, shall be developed in accordance with local requirements. In the absence of such local requirements, the "Standards for the Construction of Water Supply Systems for Realty Improvements," promulgated by the State Commissioner of Health pursuant to the provisions of R.S. 58:11-23, et seq. shall prevail, and if same is not a public water supply system as defined in this code shall be classified as a semipublic water supply. The source shall be capable of supplying at least 150 gallons per mobile home space per day.
b. 
Water Supply System. The water supply system of each mobile home park shall be piped so as to provide service to all buildings and to each mobile home space. An individual connection shall be provided for each mobile home space and so installed that it will not be damaged by the parking of mobile homes. The connection shall consist of a riser terminating at least four inches above the ground surface, with a three-quarter inch valved outlet threaded so that a flexible tubing with a screw connection may be attached between the riser and the home. If the mobile home is disconnected the outlet shall be disinfected and capped. The water system piping shall deliver water to each mobile home space connection under adequate pressure.
c. 
Storage. Potable water shall be stored only in impervious tanks protected against surface drainage. All tanks shall be provided with watertight covers and any overflow or ventilation openings shall be covered with a metallic screen of not less than 16 mesh to prevent the entrance of insects and vermin. No storage tank shall have a drainage connection direct to a sewer.
d. 
Physical Connections. No physical connection shall be made between an approved public potable water supply and an unapproved water supply unless it satisfies the provisions of R.S. 58:11-9.1, et seq. A semipublic water supply is considered as an unapproved water supply for the purpose of this regulation even though it may meet the "Potable Water Standards" established by the State Department of Health of the State of New Jersey.
e. 
Drinking Fountains. Drinking fountains, if provided, shall be constructed of impervious material and have an angle jet with the nozzle above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard. The bowl shall be of easily cleanable design, without corners, and the bowl opening equipped with a strainer.
4-5.5. 
Storm and Sewerage Drainage Facilities.
a. 
Building Sewer Outlet and Hose Connections. Each mobile home space shall be provided with a building sewer installed in accordance with the requirements of this subsection. The building sewer shall be at least four inches in diameter.
The sewer inlet shall consist of a four inch riser extending, as a minimum, four inches above the surface of the ground in order that a hose connection from the mobile home can be made. The riser shall be imbedded firmly in the ground and be protected against heaving and shifting.
The sewer riser shall be equipped with a 45° ell or quarter bend, fitted with a standard ferrule and close nipple provided with a screw cap. The screw cap shall be fastened by a durable chain to prevent its removal while the sewer riser is in use. When the screw riser is not in use, it shall be capped. The sewer connection (hose) shall be provided with suitable fittings to permit a watertight junction. The connections between the mobile home drain and the sewer shall be watertight, self-draining, and shall be effected by a noncollapsible, corrosion and weather resistant, flexible hose of suitable diameter to fit the drain and the building sewer.
The mobile home park owner shall maintain in good repair several spare connecting hoses to be used when privately owned hoses do not meet the requirements of this regulation.
b. 
Sewer Lines and Appurtenances. Sewer lines and appurtenances in a mobile home park shall be laid in accordance with local requirements. In the absence of such requirements, the following shall apply:
1. 
Minimum Size. Six inches (except building sewer).
2. 
Grade.
Pipe Size
Minimum Grade
6 inches
0.65%
8 inches
0.40%
10 inches
0.29%
12 inches
0.22%
3. 
Construction. All sewer line joints, sewer connections and manholes to be watertight.
4. 
Manholes. At the upper end of each sewer line; at intersections; at changes in grade or alignment; at intervals of not more than 500 feet.
5. 
Installation. Preferably laid in trenches separated horizontally from any potable water line by at least five feet of undisturbed or well-compacted earth. If laid in a common trench with the potable water, the potable water line shall be placed on firm foundation at the side of the trench at least 12 inches above the sewer.
c. 
Sanitary Sewage Disposal Facilities. Individual sewage disposal systems or other means of private sewage disposal for mobile home parks shall not be approved where a sanitary sewer is available within 100 feet of the site of the mobile home park.
Where the sewer lines of a mobile home park are not to be connected to a public sewer system, an approved sewage disposal system shall be installed in accordance with the rules and regulations of the State Department of Health, the local board of health and other city ordinances.
d. 
Storm Drainage. Drainage for storm water shall be provided at all mobile home parks. Storm water sewers shall be separate and apart from any sanitary sewage system.
4-5.6. 
Refuse, Storage, Collection and Disposal.
a. 
General. The storage and collection of refuse shall be so managed as to prevent health hazards, rodent harborage, insect breeding, accident hazards, or air pollution. These activities shall be performed in accordance with local requirements. In the absence of such requirements, the following shall apply:
1. 
Refuse Containers. All refuse shall be stored in durable, fly-tight, watertight and rodent proof containers. Where separation of refuse is required, separate marked containers shall be provided and be appropriately identified as "garbage" (food wastes) and "rubbish" (papers, cans, bottles, etc.).
2. 
Storage Capacity and Location of Refuse Containers. At least six gallons of refuse storage capacity per day shall be provided for each mobile home space. Refuse containers necessary to supply that capacity shall be permanently located no farther than approximately 150 feet from any mobile home space. Racks or holders shall be provided at all container locations to minimize spillage and container deterioration. The racks or holders shall have 12 inches of clear space beneath them to facilitate cleaning and to prevent rodent harborage. Racks shall be constructed of a durable material and be easily cleaned.
3. 
Collection. All refuse shall be collected at least once weekly. In the event collection service is not available from the city or a private contractor, the mobile home owner or operator shall arrange for all refuse to be collected and transported to the disposal site in covered vehicles or covered containers.
b. 
Refuse Disposal. Refuse disposal shall be effected in accordance with local requirements or, in the absence of such requirements, the provisions of Chapter VIII of the State Sanitary Code shall prevail.
4-5.7. 
Insect, Rodent and Weed Control.
a. 
General. Insect, rodent and weed control shall be performed in accordance with local or county requirements. In the absence of such requirements, the following shall apply:
1. 
Mobile home parks shall be kept free of cans, jars, buckets, old tires and other articles which may hold water and provide temporary breeding places for mosquitoes. Permanent mosquito control measures such as draining and filling depressions in which water may collect shall be taken by the owner or operator of a mobile home park and supplemental larvicidal measures shall be undertaken by him when the need is indicated.
2. 
Fly breeding shall be controlled by eliminating the unsanitary practices which provide breeding places. Garbage cans shall be repaired or replaced when so damaged that they leak or their lids do not fit in a fly-tight manner. The area surrounding the garbage can racks or holders shall not be permitted to become littered with garbage nor saturated with waste liquid from garbage. All garbage cans shall be washed frequently and fastened to racks or holders to prevent overturning.
3. 
The growth of brush, weeds and grass shall be controlled as a means toward elimination of ticks and chiggers. Insecticidal measures shall be applied if necessary.
b. 
Rodents. All buildings within the mobile home park shall be rat proofed, with special emphasis on those in which food is stored or served.
Storage areas shall be maintained in such a manner as to eliminate the possibility of rodent harborage. The space beneath mobile homes shall not be used to store supplies. Lumber, pipe and other building materials shall be stored at least 18 inches above the ground.
c. 
Ragweed, Poison Ivy and Poison Sumac. Mobile home parks shall be maintained in such a manner as to prevent the growth of ragweed, poison ivy and poison sumac.
4-5.8. 
Electricity.
a. 
Standard. Mobile home parks shall conform to city ordinances, statutes and applicable regulations governing electricity. In the absence of the same, they shall conform to the provisions of this subsection as herein below stated.
b. 
Power. Every mobile home park shall be equipped with electric power.
c. 
General. Electrical systems and equipment installed in mobile home parks shall be of an approved type and installed in accordance with the provisions of the current National Electrical Code.
d. 
Outlet. A properly grounded electrical receptacle shall be provided for each mobile home space and each mobile home shall be suitably grounded. The electric outlet receptacle shall be waterproof and accessible to the parked mobile home. The receptacle shall supply 115/230 volts with a minimum rated capacity of 50 amperes. A properly sized over current device shall be installed as an integral part of each outlet.
e. 
Power Lines. Power lines may be installed underground or overhead, but in no instance shall any main power line be less than 18 feet above the mobile home park, streets and roadways.
f. 
Supply Cords. At each supply center there shall be provisions for preventing strain on or undue wearing of the supply cord. Similar provisions shall be made for connections between the plug of the supply cord and the receptacle. Supply cords shall be maintained in a good and safe working condition.
g. 
Service Conductors. The service conductors, service equipment, feeders, and feeder equipment shall have adequate current capacity to conduct safely the current for the loads supplied.
4-5.9. 
Fuel, Flammable Liquids and Gases.
a. 
Standard. Mobile home parks, shall conform to city ordinances, statutes and applicable regulations governing the handling and storage of gasoline, fuel oil or other flammable liquids or gases. In the absence of the same, they shall conform to the provisions of this subsection herein below stated.
b. 
Storage and Handling of Fuel Oil and Flammable Liquids. The handling and storage of fuel, oil or other flammable liquids shall be in compliance with the applicable standards of the National Board of Fire Underwriters.
c. 
Storage and Handling of Liquified Petroleum Gases. The handling and storage of liquified petroleum gases shall be in compliance with the applicable rules and regulations adopted May 25, 1950, by the New Jersey Department of Law and Public Safety, Division of State Police, with the following supplements.
1. 
Container Filling. Liquefied petroleum gas containers shall be filled at a properly equipped filling plant located in accordance with the provisions of this section or from a tank truck subject to the restrictions set forth in this subsection, provided that in either case the operations are in compliance with the applicable requirements of the standards prescribed in the rules and regulations for the storage and handling of liquified petroleum gases aforementioned. During these operations no vapor or liquid shall be vented to the atmosphere and container filling in either instance shall be performed only by qualified personnel during daylight hours.
2. 
Location of Filling Plant. Filling plants may be located in the mobile home park provided that the entire operation including the storage container, is located not less than 50 feet from the nearest trailer, important buildings, or group of buildings, or line of adjoining property which may be built upon, and not less than 25 feet from any public street or highway. Such filling plant and storage containers shall be enclosed by man-proof fencing or otherwise protected from tampering or physical damage. The access to the enclosed area shall be kept locked when unattended.
3. 
Filling from Tank Truck. Containers installed at any mobile home may be filled at that location by tank truck, except that such filling shall be limited to three containers or 100 pounds at any one mobile home location, provided that such filling operation is conducted not closer than five feet to the mobile home exit. Filling operations in excess of this limitation shall be conducted at a filling plant conforming to this subsection.
4. 
Empty Containers. Empty liquified petroleum gas containers for mobile homes shall be replaced with filled containers or removed.
4-5.10. 
Fire Protection.
a. 
Standard. Mobile home parks shall conform to city ordinances, statutes and applicable regulations governing fire protection. In the absence of the same, they shall conform to the provisions of this subsection herein below stated.
b. 
Maintenance. Mobile home park areas shall be kept free of combustible refuse.
c. 
Fire Hydrants and Risers. Where the mobile home park is supplied by a public water supply system, standard fire hydrants shall be located within approximately 400 feet of each mobile home or building. In the event the water supply system falls in the semipublic category, each mobile home or building shall be located within approximately 300 feet of two inch frost protected water risers with 1 1/2 inch capped hose connections.
d. 
Hose. At least one hose reel or other supply 1 1/2 inch hose in sufficient length to reach any point of the mobile home park from a hydrant, or hose connection shall be provided at suitable weather-protected locations.
e. 
First Aid Fire Equipment. First aid fire equipment as prescribed below shall be provided, maintained and always available at each mobile home park. "Approved" as used in this section shall mean as defined by the National Fire Protection Association in the "Standards for Fire Prevention and Fire Protection Trailer Coaches and Trailer Courts," dated June, 1952, or the most current editions thereof.
1. 
Class "A" Fires. At least one unit of approved first aid fire equipment for each mobile home. Such equipment includes approved pump tanks, extinguishers and water barrels with fire buckets.
2. 
Class "B" Fires (involving flammable liquids and grease). Approved carbon dioxide, foam or dry chemical extinguishers. At least one unit for each ten mobile homes and one unit for each restaurant kitchen.
3. 
Class "C" Fires (involving electricity). Approved carbon dioxide or dry chemical extinguishers. At least one unit for each mobile home park and one for each switchboard and maintenance shop.
4. 
Grass and Woods Fires. Approved "back pack" extinguishers shall be provided for mobile home parks subject to exposure to grass or woods fires. It is recommended that a fire break be provided around the perimeter of the park where such exposure may exist.
f. 
Fire Alarm. Provisions shall be made for giving a general alarm in case of a major fire. A bell, iron hoop or a similar manually operated device may be used for this purpose. Watchman service is strongly recommended.
4-5.11. 
Service and Auxiliary Buildings.
a. 
General. Mobile home parks which accommodate mobile units used for dwelling or sleeping purposes other than mobile homes as defined in subsection 4-5.1, shall be provided with a service building or buildings.
b. 
Location and Maintenance. All service buildings shall be convenient to the units which they serve, and shall be maintained in a clean condition.
c. 
Construction. All service buildings shall be of permanent construction and in accordance with local requirements.
d. 
Fixture Requirements. Facilities in service buildings shall be provided as follows:
1. 
(a) 
For 10 or less units.
Facilities
Male
Female
Toilets
1
2
Urinals
1
Lavatories
2
2
Showers or Bathtubs
1
1
For every additional 10 or less units.
Facilities
Male
Female
Toilets
1
1
*Urinals
Lavatories
1
1
Showers or Bathtubs
1
1
*
May be partially substituted for total toilet requirements above, but not for more than one-third of the total toilet requirements.
2. 
At least one slop water closet shall be provided.
e. 
Interior Finish. The interior finish of a service building shall be moisture resistant which will withstand frequent washing and cleaning. The floors shall be constructed of material impervious to water, easily cleanable and sloped to floor drains connected to the sewerage system.
f. 
Separation and Marking of Toilet Rooms. Separate men's and women's toilet rooms shall be provided and distinctly marked, and isolated by a sound-resistant wall. The rooms shall be screened by means of a vestibule or wall to prevent direct view of the interior when the exterior doors are open.
g. 
Water Closets. Water closets shall be located in separate apartments equipped with self-closing doors.
h. 
Hot Water Facilities. A continuous supply of hot water shall be available in each service building.
i. 
Showers, Bathtubs. Shower facilities or bathtubs shall be provided for both sexes. The shower stalls or bathtubs shall be of the individual type and screened from view. Dressing compartments shall be provided for women which are screened from view and each equipped with a stool or bench. A shower stall of approximately three by three feet in area is suggested, with the dressing compartment for women of the same dimensions.
j. 
Slop Water Closets. The slop water closet required in accordance with other provisions of this section shall be installed in a separate room with a single direct opening to the outside. The slop water closet shall be provided with flushing mechanism and have hot and cold water faucets located over the bowl. A water closet with seat removed shall be considered acceptable.
k. 
Heating Facilities. Service buildings shall be maintained at the temperature required by local authorities. In the absence of such requirements, service buildings shall be maintained at a temperature of at least 70° F. during use.
l. 
Window Areas. Window areas in service buildings shall be equal to at least 12% of the floor area. Windows shall be located as high as practicable and along more than one wall wherever possible.
m. 
Ventilation and Screening. All rooms of service buildings shall be well ventilated and all exterior openings shall be covered with 16 mesh screen.
n. 
Lighting. Service building rooms shall be well lighted at all times. The following illumination levels are suggested:
1. 
General seeing tasks, five foot candles.
2. 
Laundry room work area, 40 foot candles.
3. 
Toilet room, in front of mirrors, ten foot candles.
o. 
Eating Places. Mobile home park buildings, including restaurants and dining rooms used for the preparation of food and drink, shall be constructed and operated in accordance with the laws and regulations of this state, as well as local requirements, applicable to public places offering food and drink for sale to the public.
p. 
Auxiliary Buildings. Auxiliary buildings, such as an office building, filling station or other building not specifically covered in this section, shall be constructed in accordance with local requirements.
4-5.12. 
License and License Fees.
a. 
It shall be unlawful for any person to maintain or operate within the limits of the city any mobile home park for hire or without charge unless such person shall first obtain a license therefore. All mobile home camps in existence on March 2, 1967 shall within 90 days thereafter obtain such license and in all other respects comply with the requirements of this section.
b. 
The license shall be applied for in writing and the application filed with the city clerk. The application shall set forth or include the following information:
1. 
The name and address of the applicant and the name and address of the owner of the property, if the applicant does not own the premises.
2. 
The plot plan showing the extent of the area to be used for park purposes, adjoining streets and driveways within the proposed premises, location of sites for mobile homes, including plans and specifications therefor, method and plan of sewage disposal, method and plan of garbage removal, plans and specifications for electrical lighting or furnishing of clerical supply.
3. 
The application shall be accompanied by an application fee, which is hereby fixed at $2,000, plus the fee charged by the city engineer to review the application.
4. 
The city clerk, within two business days, shall cause to be delivered to the city engineer a complete set of all plans and specifications filed with the application. The city engineer, within 14 days of receipt of the plans and specifications, shall review them and issue a letter of compliance or noncompliance with the provisions of this section. The letter shall be personally signed by the City Engineer and bear his professional seal and shall be addressed to the City Clerk. A letter of noncompliance shall be accompanied by a list particularly stating deficiencies in the applicant's plans and specifications.
c. 
Upon receipt of a letter of compliance, the City Clerk shall immediately notify the applicant, in writing. After approval by the Board of Adjustment, the applicant may proceed with construction in conformance with the specifications filed with the application. Upon receipt of a letter of noncompliance, the City Clerk shall immediately notify the applicant, in writing. The applicant shall not begin any construction before issuance of a letter of compliance.
d. 
The City Engineer, to ensure compliance with this section, shall inspect at such times during construction as he deems advisable any phase of the trailer park construction he deems necessary. The applicant shall render the City Engineer all cooperation necessary to assist these inspections.
e. 
Upon completion of construction, the applicant shall notify the City Clerk. Within 15 days of the notice, the site for which a license is sought shall be inspected by the City Engineer and a majority of the City Council. The inspection shall be made to ensure completion in accordance with the plans and specification filed. If in accordance, the City Engineer shall issue a letter of completion, personally signed and bearing his professional seal. Deficiencies in completion must be remedied before issuance of a letter of completion.
f. 
Within two business days of receipt of a letter of completion, the City Clerk shall notify the applicant of the approval of the application filed. Upon receipt of the licensing fees, the City Clerk shall issue a license to the applicant. Fees shall be prorated by quarters, and the license shall be renewed on the first business day of July each year.
1. 
The City Engineer, during the month of May, shall conduct a renewal inspection to determine continuing compliance with this section. The license holder shall be promptly notified of any deficiencies. Deficiencies must be corrected no later than June 15 following the renewal inspection.
2. 
The licensee shall be assessed a penalty of $100 for every day after June 15 for which the deficiencies remain uncorrected. The penalty must be paid before the license will be renewed.
g. 
Applicants for licenses must comply with all other provisions or valid rules and regulations of the City Council and the Board of Health of the city before a license will be issued.
h. 
Each applicant for a license shall be required to deposit with the City Council a bond to secure his compliance with the terms of this section, which bond shall be in a sum equal to the value of the total permanent improvements, as shown on the application filed and as approved by the City Engineer. The bond shall contain sufficient sureties, corporate or otherwise, as may be required by the City Council.
i. 
Each license holder shall be charged an annual base fee of $200. In addition to the base fee, there shall be charged a monthly fee, in accordance with the current fee schedule in force in Estell Manor, for each mobile home space occupied during any part of the preceding month. The fees shall be remitted to the city quarterly, at which time each license holder shall also provide the City Clerk with a report of occupancy levels during each month of that quarter.
j. 
The maximum number of licenses under this section is one.
k. 
Upon receipt of a letter of compliance, as referred to in Subsection b4, the applicant shall acquire a hold on a license, pending satisfactory completion of construction. Such hold shall be valid for one year from the date of receipt and shall expire at the completion of that year, provided that the City Council may extend the hold for one period not to exceed 180 days. The number of holds at any given time may not exceed the number of unissued licenses.
l. 
After March 2, 1967, no one shall maintain a mobile home or trailer within the city except at a duly established and licensed mobile home park, provided that the Estell Manor Volunteer Fire Company may maintain a trailer for purposes of training members of that company in firefighting and lifesaving techniques and provided, further, that such permission shall be given by resolution of the City Council for a period of one year. Such permission shall be renewable annually. This section shall not apply to trailers maintained in Estell Manor before March 2,1967, nor to those to whom permits have been granted heretofore for such maintenance.
m. 
Anything to the contrary herein contained notwithstanding, land upon which a trailer was located on a foundation and connected to functioning sanitary and water systems and in actual use for dwelling purposes on March 2,1967, may continue to be used for such purposes. In the event that such use shall hereafter become discontinued or the trailer removed from the land for a period of more than 30 days, the right to use land in accordance with this provision shall terminate. Nothing contained herein shall be construed so as to enlarge the right to use the land for trailer purposes beyond its actual use on March 2,1967.
n. 
Any trailer legally situated in the city may be replaced by a trailer equal to or better than the original within 30 days of the removal of the original trailer.
o. 
No auto, auto body, bus, bus body, station wagon, station wagon body, truck, truck body, van, railroad car, tractor trailer or tractor trailer body shall be used for dwelling purposes in the City of Estell Manor.
p. 
The applicant shall be responsible for payment of all fees charged by the City Engineer in accordance with the Estell Manor fee schedule.
4-5.13. 
Revocation; Suspension. After notice and hearing, the City Council may revoke or suspend the license of any licensee who shall violate the provisions of this section or who shall refuse to permit the inspection of a mobile home by the Health Department of the city, upon request made for such inspection, and the premises licensed hereby shall be open to inspection at all times.

4-6 Garage Sales. [1]

4-6.1. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
GARAGE OR YARD SALE
Includes all sales entitled "garage sale," "lawn sale," "rummage sale" or "flea market" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.
GOODS
Includes any goods or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
4-6.2. 
License Requirements. It shall be unlawful for any person to conduct a garage sale in the City of Estell Manor without first filing with the City Clerk the information hereinafter specified and obtaining from such Clerk a license to do so, to be known as a "garage sale license," which shall be issued under the following conditions:
a. 
Such license shall be issued to any one person, or persons within the same household, only twice within a twelve-month period, and in any event such license shall be issued for each lot shown on the Official Tax Map of the City of Estell Manor only twice within a twelve-month period. Charitable, religious or civic organizations may be allowed more than two licenses upon application for a special exception to the governing body.
b. 
No such license shall be issued for more than four consecutive calendar days.
c. 
Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted through the entire period of the licensed sale.
d. 
No license may be issued hereunder unless a statement containing the following information is filed with the City Clerk no less than five days prior to the first date of the proposed sale:
1. 
The name of the person, firm, group, corporation, association or organization conducting said sale.
2. 
The name of the owner of the property on which said sale is to be conducted and written consent of the owner if the applicant is other than the owner.
3. 
The location at which the sale is to be conducted.
4. 
The date of the days of the sale and the number of days of the sale.
5. 
The date and nature of any and all past sales either by the applicant or at the location in question.
6. 
The relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting such garage sale and the date or dates of such sale.
7. 
Whether or not the applicant has been issued any other vendor's or mercantile license by any local, state or federal agency.
8. 
A sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
e. 
Upon making application to the City Clerk with the information as aforesaid and upon said Clerk's satisfaction that the requirements of this chapter have been met, a license shall be issued without charge or fee for the conduct of the activity sought hereunder at the time and place requested, subject to all rules and regulations of this chapter or of any other local, state or federal law.
4-6.3. 
Conduct of Sales. The following rules and regulations shall apply to all garage sales duly licensed under this chapter:
a. 
All garage sales shall be conducted only between the hours of 9:00 a.m. and 7:00 p.m., prevailing time, during the months of June, July and August, and between the hours of 9:00 a.m. and 6:00 p.m., prevailing time, during all other months.
b. 
No signs for advertising or directing customers shall be posted on any other than the premises of the sale. Two signs three feet by three feet in size shall be allowed, which shall not be placed on the premises earlier than one week prior to the sale and must be removed immediately upon termination of the sale.
c. 
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale activity. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads.
d. 
It shall be unlawful for any person to offer for sale mattresses, bed springs, cots, lounges and sofas in any yard sale authorized under this chapter without first complying with the appropriate sections of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling, sterilizing and disinfecting of said mattresses, bed springs, cots, lounges and sofas.
e. 
No refrigerator or ice box having a capacity of 1 1/2 cubic feet or more with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device shall be displayed, offered for sale or sold at a garage sale unless the attached lid or door shall first be removed and detached therefrom.
4-6.4. 
Exceptions. The provisions of this chapter shall not apply to or affect the following persons or sales:
a. 
Persons selling pursuant to an order or process of a court of competent jurisdiction.
b. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Any persons selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number. Repeated sales under this subsection by such person may be evidence of a violation of this chapter.
d. 
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been complied with.
e. 
Any sale conducted in the usual course of an activity for which a license has been otherwise issued pursuant to the other ordinances of this city.
4-6.5. 
Violations and Penalties.
a. 
No garage sale shall be conducted within the City of Estell Manor except in conformance with the provisions of this chapter.
b. 
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be fined not less than $25 nor more than $100 or be imprisoned for a period not to exceed 10 days, or each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
[1]:
Editor's Note: Former Sec. 4-6. Schedule of Fees; License Renewals, as amended, was repealed 8-6-1986 by Ord. 86-8.

4-7 Limitation on Numbers of Campground Licenses and Campsites. [1]

[Amended 11-5-2008 by Ord. No. 09-2008]
4-7.1. 
Campground Licenses. No more than five licenses or permits shall be issued in the City of Estell Manor.
4-7.2. 
Campsites. No campground shall have more than 250 sites or units in the City of Estell Manor.
4-7.3. 
All Campgrounds to be Governed by New Jersey Statutes under 4-7.3.
a. 
Campground health and safety will be governed by N.J.S.A. 26:1A-7 and N.J.A.C. 8:22-1.1 through 8:22-10.6.
b. 
Proprietary campground health and safety will be governed by N.J.A.C. Title 5, Chapter 10A, 5:10A-1.1 though 5:10-2.15.
c. 
Proprietary campground occupancy shall be governed in accordance with N.J.A.C. 45:22A-51.
d. 
In administering construction issues in regard to campgrounds, the City of Estell Manor will comply with N.J.A.C. 5:23 and 5:23A as well as N.J.U.C.C. Bulletin 93-7.
4-7.4. 
Winter Occupancy.
a. 
In public campgrounds, winter camping shall be permitted only upon designated winter campsites as set forth in the licensing application.
b. 
From November 1 through March 31 of the following year, no designated winter campsite in a public campground, or any site or unit in a proprietary campground, shall be occupied for more than 21 consecutive days within each calendar month. Each winter camper must vacate the property for at least eight consecutive days in any one calendar month before returning; provided that in public campgrounds, two sites may be designated as winter sites which may be occupied year round as the residence of the campground owner, manager or caretaker.
c. 
Public campgrounds with approved winter campsites must maintain a registration logbook between November 1 and March 31 of the following year. This must show daily occupancy of winter sites, including the name, permanent address of the occupant or occupants, and vehicle registration of the occupant or occupants. Such records shall be sent monthly to the Municipal Zoning Officer.
d. 
Costs of Enforcement. Reasonable fees incurred by the City of Estell Manor in enforcing the campground regulations herein shall be reimbursed to the City by any campground operator or owner who is found to be in violation, provided that in the event that any such enforcement action is limited to the jurisdiction of the Estell Manor Municipal Court, then, in that event, such reimbursement provisions shall not apply.
e. 
No campsite or unit in the City of Estell Manor shall have a recreational vehicle of over 400 square feet placed on it, and no accessory structure or a cumulative of accessory structures shall be over 300 square feet total (300 square feet of accessory structure allowed on each site without Pinelands approval).[2]
[2]:
Editor's Note: Former Section 4-8, Mercantile Licenses, which immediately followed this section, was repealed 7-3-1996 by Ord. No. 96-5. Former Section 4-8, Payment of Delinquent Taxes Required, added 11-7-2007 by Ord. No. 15-2007, was repealed 12-3-2008 by Ord. No. 10-2008.
[1]:
Editor's Note: This section was formerly numbered as Section 4-8 and was renumbered as Section 4-7 pursuant to Ord. No. 82-10.

4-8 (Reserved) [1]

[1]:
Editor's Note: Former Section 4-8, Mercantile Licenses, which immediately followed this section, was repealed 7-3-1996 by Ord. No. 96-5. Former Section 4-8, Payment of Delinquent Taxes Required, added 11-7-2007 by Ord. No. 15-2007, was repealed 12-3-2008 by Ord. No. 10-2008.

4-9 Games of Chance.

[Added 6-6-2007 by Ord. No. 10-2007; amended 10-7-2009 by Ord. No. 05-2009]
4-9.1. 
Investigation Matters to be Determined; Issuance of License; Fee. The Governing Body authorizes and delegates the authority to issue raffle licenses to the City Clerk. The City Clerk shall cause an investigation to be conducted of the qualifications of each applicant for a raffles license in accordance with the provisions of N.J.S.A. 5:8-53 and the provisions of N.J.A.C. 13:47-1.1, et seq. If the applicant is found to be qualified for the license, the same will be issued by the City Clerk pursuant to N.J.S.A. 5:8-53 and the provisions of N.J.A.C. 13:47-1.1, et seq. In accordance with the provisions of N.J.A.C. 13:47-4.10, all qualified organizations (as defined in N.J.S.A. 5:8-51 and N.J.A.C. 13:47-1.1) to be issued a raffles license shall be exempt from payment of any municipal licensing fee. However, nothing in this subsection shall be construed as exempting such organizations from payment of any fee due the New Jersey Division of Consumer Affairs, Legalized Games of Chance Control Commission, as set forth in N.J.S.A. 5:8-53 and N.J.A.C. 13:47-4.9 as the same may be amended and supplemented from time to time.
4-9.2. 
Raffles Authorized on Sundays. The City Clerk shall have the authority to issue raffles licenses for the holding, operating and conducting of raffles on Sundays, subject to any special provisions made applicable thereto and also subject to compliance with the provisions hereof.