City of Estell Manor, NJ
Atlantic County
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Table of Contents
Table of Contents
Xa Revised Schedule of Yard, Area and Bulk Requ
[1]:
Editor's Note: The power to adopt zoning provisions is contained in N.J.S.A. 40:55-30 et seq.

10-1 Short Title.

This chapter shall be known and may be cited as the "City of Estell Manor Zoning Ordinance."

10-2 Purpose.

10-2.1. 
General Purpose. The intent of this chapter is to establish a precise and detailed plan for the use of land in the city based on the Master Plan and enacted in order to promote and to protect the public health, safety, morals, comfort, convenience and general welfare of the people. This chapter is further intended to implement the objectives of the Pinelands Protection Act and the Pinelands Comprehensive Management Plan and to conform with the minimum standards contained in said plan.
10-2.2. 
Purposes. The purposes of this chapter are those set forth under the zoning provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., and the Pinelands Protection Act, N.J.S.A. 13:18-1 et seq.[1]
[1]:
Editor's Note: See now N.J.S.A. 13:18A-1 et seq.

10-3 Definitions.

a. 
The following words and terms of this chapter shall be interpreted as follows:
ACCESSORY USE OR BUILDING
A building or use which:
1. 
Is subordinate to and serves a principal building or a principal use, including but not limited to the production, harvesting and storage as well as washing, grading and packaging of unprocessed produce grown on-site;
2. 
Is subordinate in area, extent and purpose to the principal structure or principal building or principal use served;
3. 
Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and
4. 
Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.
ADDITION
In the case of an historic landmark, the construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of any landmark; in the case of an historic landmark, the razing of any improvement or the obliteration of any natural feature of said landmark.
ADMINISTRATIVE OFFICER
Pursuant to N.J.S.A. 40:55D-3 of the New Jersey Statutes, the Clerk of the City of Estell Manor is designated as the "administrative officer."
AGRICULTURAL COMMERCIAL ESTABLISHMENT
A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year round and may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities which are solely processing facilities:
AGRICULTURAL EMPLOYEE HOUSING
Residential dwellings for the seasonal use of employees of an agricultural or horticultural use which because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to the principal use of the lot for agricultural purposes.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
Any production of plants, other than trees, or animals useful to any man, including but not limited to forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules or goats and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualification for payments or other compensation pursuant to a soil conservation program under an agency of the federal government; provided, however, that the same shall be consistent with the provisions of Subsection 10-6.8 of the Revised General Ordinances of the City of Estell Manor, as heretofore or hereinafter amended. The cutting or harvesting of trees as defined in Section 4-4 of the Administrative Code of the City of Estell Manor, as amended, shall not be considered an "agricultural or horticultural purpose or use."
AGRICULTURAL PRODUCTS PROCESSING FACILITY
A facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading and packaging of those products.
AGRICULTURAL SERVICE ESTABLISHMENT
An establishment, the primary purpose of which is the sale of goods, commodities or service that supports active farm operations.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structure or in the existing facilities for an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another. Alterations shall not include additions to the improvement. In the case of an historic landmark, any work done which changes the appearance of the exterior surface of the same shall be considered an alteration.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
An individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater, limited to the following systems authorized for use for residential development by the pilot program established in N.J.A.C. 7:50-10, Part IV:
[Added 4-2-2003 by Ord. No. 03-03]
1. 
Ashco RFS III;
2. 
FAST;
3. 
Cromaglass;
4. 
Bioclere; and
5. 
Amphidrome.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by the provisions of the Revised General Ordinances of the City of Estell Manor or by the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., as heretofore or hereafter amended, or by the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., as heretofore or hereafter amended, which may be required for the approval of a subdivision plat, site plan, conditional use, zoning variance or direction for the issuance of any permit for development approval. In the Pinelands Area, this shall include any application filed with any permitting agency or any approval, authorization or permit which is a prerequisite to initialing development in the Pinelands Area, except as provided in Subsection 10-11.9a2 of this chapter.
APPROVAL AGENCY
Any board, body or other authority within the City with authority to approve or disapprove subdivisions, site plans, construction permits, conditional use permits, variances or other applications for development approval.
AREA, BUILDING (GROUND COVERAGE)
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
AREA, GROSS FLOOR
The sum of the gross horizontal areas of every floor of a building, measured from the inside face of exterior walls or from the center line or party or common walls separating two dwelling units.
AREA, LIVABLE OR HABITABLE FLOOR
All gross floor area having a clear ceiling height of at least seven feet, except that not more than 10% of the habitable floor area may have a ceiling height less than seven but not less than five feet; any cellar, open porches, carports, garage or utility space, bay windows not extending more than three feet, balconies and terraces shall not be considered in the computation of habitable floor area.
BOARD OF ADJUSTMENT
The Zoning Board of Adjustment as established under this chapter.
BUILDING
Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports. Each structure separated by fire walls from adjoining structures under separate occupancy or for separate uses shall be considered a separate building.
BUILDING COVERAGE
That percentage of the lot area covered by building area.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished grade at the perimeter of the building to the highest point of the roof.
BUILDING LINE
A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical projection will coincide with the surface nearest the lot line. A building line shall not be closer to the street line than the required front yard depth.
CAMPER
A portable structure which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living, for travel, recreation, vacation or other short-term uses. Camper does not include mobile homes or other dwellings.
CAMPSITE
A place used or suitable for camping on which temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Planning Board or Board of Adjustment in accordance with Subsection 10-6.1 of this chapter for the construction, alteration, additions to, relocation, improvement, removal or demolition of a landmark or a Pinelands designated site or for any change in the exterior appearance of a lot within 200 feet of the same.
CERTIFICATE OF FILING
A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.
COMMISSION
The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
COMPREHENSIVE MANAGEMENT PLAN
The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as heretofore or hereafter amended.
CONTIGUOUS LANDS
Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit, provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.
CUTTING AND HARVESTING OF TREES
The cutting and harvesting of trees on a commercial basis, or otherwise for profit, which requires the obtaining of a permit under the provisions of Section 4-4 of the Administrative Code of the City of Estell Manor, as heretofore or hereafter amended.
DEVELOPMENT
The change or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
1. 
A change in type of use of a structure or land.
2. 
A reconstruction, alteration of the size or material change in the external appearance of a structure or land.
3. 
A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.
4. 
Commencement of resource extraction, drilling or excavation on a parcel of land.
5. 
Demolition of a structure or removal of trees.[1]
6. 
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
7. 
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
8. 
Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
DEVELOPMENT, MAJOR
All development other than minor development.
DEVELOPMENT, MINOR
A development meeting the criteria of a minor subdivision under Subsection 9-4a of the City of Estell Manor Code or meeting the definition of a "minor site plan" under Subsection 10-3a of this Code.
DISTRICT
The portion of the territory of the City of Estell Manor within which designated regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.
DRIVEWAY
Any lane, way, opening, construction entrance or privately owned road entering upon any public road within the City of Estell Manor, excepting field openings to nonresidential land used exclusively for farming purposes.
DWELLING UNIT
One or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same.
ELECTRIC DISTRIBUTION LINES
All electric lines other than electric transmission lines.
ELECTRIC TRANSMISSION LINES
Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and:
1. 
Another substation of the utility company.
2. 
A substation of or interconnection point with another interconnecting utility company.
3. 
A substation of a high-load customer of the utility.
EMERGENCY REPAIRS
In the case of an historic landmark, those immediate remedial actions undertaken to alleviate the results of accidental damage or destruction to private property where time will not permit the owner to obtain site plan approval and a building permit prior to their undertaking.
ESSENTIAL UTILITIES
The erection, construction, alteration or maintenance by public utilities, telephone or municipal or other governmental agencies of underground or overhead gas, electric, steam, water or sewage transmission or distribution systems, including buildings, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or city or other government agencies or for the public health or safety or general welfare.
FAMILY
A single individual doing his own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.
FENCE or WALL
A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.
FIRE DEPARTMENT
The Estell Manor Volunteer Fire Department.
FIRE OFFICIAL
The official of the Fire Department designated by that Department to represent it with regard to the inspection and approval of driveways.
FORESTRY
The planting, cultivating and harvesting of trees for the 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:
1. 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed.
2. 
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees.
3. 
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter.
4. 
Removal of trees necessary for the maintenance of utility or public rights-of-way.
5. 
Removal or planting of trees for the personal use of the parcel owner.
6. 
Removal of trees for public safety.
GARAGE, PRIVATE
A building or space accessory to a residence which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC
A building or part thereof, other than a private garage, used for the storage of motor vehicles for profit and may include the sale of fuels or accessories or the keeping of vehicles for hire as a secondary use.
GOVERNING BODY
The City Council of the City of Estell Manor.
HISTORIC PRESERVATION COMMISSION
The Commission established under the terms of this chapter.
HISTORIC LANDMARK
Any real property, man-made structure, natural object or configuration or any group of the foregoing which has been formally designated in the Master Plan as being significant because it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects significance in American history, architecture, archaeology or culture under one or more of the following criteria:
1. 
It is associated with events of significance to cultural, political, economic or social history;
2. 
It is associated with the lives of persons or institutions of significance to cultural, political, economic or social history;
3. 
It represents the work of a matter or possesses high artistic value or embodies the distinctive characteristics of a type, period or method of construction of significance to cultural, political, economic or social history; or
4. 
It has yielded or is likely to yield information significant to history or prehistory.
All landmarks must be so designated by the City Council in accordance with the provisions of Subsection 10-6.6 of this chapter and shall be deemed to include the lots on which they are located.
HISTORIC RESOURCES
Any site, building, area, district, structure or object important in American history, or prehistory, architecture, archaeology and culture and to national, state, county, local or regional level. All historic landmarks are historic resources.
HOME CRAFT
Any occupation carried on as a subordinate use solely by a member of the family residing on the premises of a residential lot.
HOME PROFESSIONAL OFFICE
The office, studio or occupational room of a physician, surgeon, dentist, architect, licensed professional engineer, real estate or lawyer engaged in direct personal services.
IMPROVEMENT
Any structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 60 contiguous days.
INSTITUTIONAL USE
Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; church; public office buildings; cemeteries; and other similar facilities.
LAND
Includes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.
LOADING SPACE
Any off-street space not less than 12 feet in width, 35 feet in length and 14 feet in height available for the loading or unloading of goods and having direct usable access to the street or alley.
LOCAL COMMUNICATIONS FACILITY
An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
LOT
A parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.
LOT AREA
An area of land enclosed by the boundary line of the lot and expressed in terms of square feet or acres. Any portion of a lot included in the public right-of-way may be included in calculating "lot area."
LOT, CORNER
A lot bounded on two or more sides by a public right-of-way.
LOT DEPTH
The distance between the edge of the right-of-way and the rear lot line. In the case of an irregular lot, the average between the shortest and longest such distance constitutes "lot depth." In the case of a corner lot, the longer of the two street lines shall be considered as the depth.
LOT, FRONTAGE
The horizontal distance measured along the full length of a street line abutting the lot line. In the case of corner lots, the shorter of the two street lines shall be considered as the frontage.
LOT LINE, FRONT
The line of a street on which a lot fronts or abuts. Corner lots shall be considered as fronting on both streets. (See Subsection 107.5, Yards.)
LOT LINE, REAR
Each lot line opposite a front lot line.
LOT LINE, SIDE
Any lot line, not a front lot line or a rear lot line, including a lot line of an offset portion of a lot.
LOT WIDTH
The distance between the side lot lines measured at right angles to its depth at the front setback line; in the case of corner lots, the distance between the lot line on the street having the shorter frontage measured at right angles to its depth at the setback line.
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.
MODIFIED DRIVEWAY
An existing driveway which is paved, widened, narrowed or lengthened, or when its horizontal location is changed. Routine maintenance or repairs, including but not limited to the addition of fill materials to the driveway surface, shall not render a driveway a "modified driveway."
MOTEL
A series of rental units, with individual entrances from outside to each unit, operated as a single business for the purpose of providing lodging to transient guests. An office and single dwelling unit may be provided in conjunction with the operation of a "motel."
MOTOR VEHICLE SERVICE STATION
A place where gasoline or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale at retail to the public, which may include the sale of accessories, oiling, greasing, washing and light motor vehicle repairs on the premises.
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied by persons living independently of each other, or a group of such buildings.
NONCONFORMING BUILDING
A building which in its design, use or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOT
A lot or parcel which does not have the minimum width or depth or does not contain the minimum area for the zone in which it is located or the use to which it is being put.[2]
OPEN SPACE
An unoccupied space open to the sky.
PARCEL
Any quantity of land consisting of one or more lots that is capable of being described with such definiteness that its location and boundaries may be established.
PERMIT, BUILDING
A certificate issued by the Building Inspector for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted plans for the building change and which, where applicable, also states that the purpose for which a building or land is to be used is in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.
PERMIT, CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector or upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter or such adjustment therefor which has been granted by the Board of Adjustment and all other applicable requirements have been complied with.
PERMIT, CONDITIONAL USE
A certificate issued by the Zoning Officer for the conduct of a conditional use, which states that the requirements governing conditional uses in this chapter and all other applicable requirements have been complied with, as certified by the Planning Board.
PERMIT, TEMPORARY USE
A certificate issued by the Zoning Officer for the conduct of a use otherwise prohibited by the chapter for a limited time period and stating that the special requirements governing the use and all other applicable requirements have been complied with as certified by the Board of Adjustment.
PINELANDS
The Pinelands National Reserve and the Pinelands Area.
PINELANDS AREA
That area designated as such by Section 10a of the Pinelands Protection Act.
PINELANDS DEVELOPMENT CREDITS
A use right allocated to certain lands within the city pursuant to the provisions of N.J.A.C. 7:50-5.43, as heretofore or hereinafter amended, that can be used to secure a residential density bonus in other municipalities which have adopted appropriate ordinances permitting their use.
PINELANDS NATIONAL RESERVE
That area designated as such by Section 3i of the Pinelands Protection Act.
PINELANDS PROTECTION ACT
N.J.S.A. 13:18A-1 to 13:18A-29.
PINELANDS RESOURCE RELATED USE
Any use which is based on resources which are indigenous to the Pinelands, including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
PLANNING BOARD
The Planning Board of the city.
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy, as determined by the Pinelands Commission.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which the building is situated.
PROPRIETARY CAMPGROUND FACILITY
Any real property designed and used for the purpose of camping and associated recreational uses under a condominium or cooperative form of ownership.
PROTECTION AREA
All land within the Pinelands Area which is not included in the Preservation Area.
PUBLIC SERVICE INFRASTRUCTURE
Sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly; roads and streets and other similar services provided or maintained by any public or private entity.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use of available technology, natural, human and economic resources.
RECORD TREE
The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
RECREATIONAL FACILITY, LOW-INTENSITY
A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.
RECYCLING AREA
Space allocated for collection and storage of source-separated recyclable materials.
REPAIR
Any work done on any improvement which is not an addition to the improvement and which does not change the exterior surface of any improvement, excluding painting.
REPLACEMENT
When applied to an historic landmark, includes repairs if a building permit is required for same.
RESOURCE CONSERVATION PLAN
A plan prepared for review by the Cape-Atlantic Soil Conservation District which details the proposed use of agricultural recommended management practices.
RESOURCE EXTRACTION
The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a "restaurant."
SEASONAL HIGH WATER TABLE
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SIGN
Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag of any public, quasi-public, civic, charitable or religious group.
SIGN, AREA OF
The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines the sign.
SITE PLAN, MINOR
A site plan which is limited to the proposed construction of any permitted accessory use or uses, including but not limited to signs or off-street parking areas, or any development plan consisting of any expansion or addition to an existing conforming structure and use, provided that said expansion does not increase the habitable floor area of said structure by more than 50%, provided further that such development plan does not involve planned development, the installation of any road improvements or the expansion of public facilities and does not adversely affect development of an adjoining property or properties, and provided further that such development plan does not involve any property on which is located an historic landmark or abuts or is within 200 feet of any property on which is contained an historic landmark.[3]
SPECIAL BARRIER-FREE ACCESS
A ramp, landing, walkway or other constructed feature to be located on the exterior of a residential dwelling which is deemed necessary to provide access not otherwise obtainable to the interior of the building.
[Added 7-20-1999 by Ord. No. 0-7-99]
UTILITY DISTRIBUTION LINES
Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
ZONING BOARD OF ADJUSTMENT
The officially established Board of Adjustment of the city.
ZONING OFFICER
The person or persons who are charged with the enforcement of this chapter.
ZONING PERMIT
A certificate issued by the Zoning Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located.
[1]:
Editor's Note: Amended by Planning Board 6-14-1983.
[2]:
Editor's Note: The definition of "nonconforming use," which immediately followed this definition, was repealed by Ord. No. 82-6.
[3]:
Editor's Note: The former definition of "standard subsurface sewage disposal system," which immediately followed this definition, was repealed 4-2-1997 by Ord. No. 97-3.
b. 
Any word or term not defined above but defined in N.J.S.A. 40:55D-3 to 40:55D-7, the Municipal Land Use Law of the State of New Jersey, Chapter 291 of the Laws of New Jersey 1975, shall be defined as the same is defined in those sections. Any word or term not defined above which is defined in the Pinelands Comprehensive Management Plan, particularly under N.J.A.C. 7:50-2.11 of said Plan, as heretofore or hereafter amended, shall be defined as set forth in said Plan. Where a word or term is not defined above but is defined in both the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, N.J.S.A. 40:55D-3 to 40:55D-7 and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-2.11, said word or term shall be construed in such a manner as to be consistent with both definitions.
c. 
All definitions included in Chapter 9, specifically Section 94, are incorporated by reference in this Chapter 10 and shall have the same definitions as those set forth in Section 9-4.

10-4 Establishment of Zones.

10-4.1. 
Zones. For the purposes of this chapter, the City of Estell Manor is divided into the following zones:
R-25
Rural Residence Zone
R-10
Residence Zone
R-5
Residence Zone
RV
Village Residence Zone
SD
Special District
HC
Highway Commercial Zone
C
Conservation Zone
FH
Flood Hazard Zone
AP
Agricultural Production Zone
10-4.2. 
Zoning Map. The boundary lines of all zones shall be shown on a revised map attached to and made a part of this chapter.[1] Said map shall be known as the "Revised Zoning Map of the City of Estell Manor," dated April 1983, and shall consist of two parts. The FH Flood Hazard Zone shall be indicated on Part I, and the remaining zones shall be indicated on Part II. Any change in the location or boundaries of any zone hereafter made by amendment of this chapter shall be indicated by revision of said map. The Revised Zoning Map, including Parts I and II, all notations and references thereon and any amendments thereto are hereby incorporated into and declared to be part of this chapter. All former maps are hereby superseded by the 1983 Revised Zoning Map, dated April 1983.
[1]:
Editor's Note: Said map is on file in the office of the City Clerk.
10-4.3. 
Zone Boundaries. Where uncertainty exists as to any of the boundaries as shown on the map, the following rules shall apply:
a. 
Zone boundary lines are intended to follow the center line of streets or rail rights-of-way, streams and lot or property lines as they exist on plats of record at the time of passage of this chapter, unless such zone boundary lines are fixed by dimensions as shown on the Zoning Map.
b. 
Where such boundary lines are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 10 feet distant therefrom, such lot lines shall be construed to be such boundary lines.
c. 
In unsubdivided land or where a zone boundary divides a lot, the location of the boundary is indicated by dimensions shown on the map.

10-5 Schedule.

The schedule of regulations entitled "Schedule of Yard, Area and Bulk Requirements, City of Estell Manor Zoning Ordinance" and attached hereto, applying to the uses of land and buildings, the yards and other open spaces to be provided contiguous thereto and all other matters contained therein as indicated for the various zones established by this chapter is revised according to the schedules attached hereto. The Revised Schedule of Yard, Area and Bulk Requirements, City of Estell Manor is hereby declared to be a part of this chapter. The regulations listed for each zone as designated are hereby prescribed for these zones, subject to the other provisions in this chapter, and shall be deemed to be the minimum requirements in every instance of their application. Notwithstanding the minimum lot areas set forth in the schedule, no such minimum lot area for a nonresidential use within the Pinelands Area portion of the R-25, R-10, R-5, SD, HC, C, AP and FH zones shall be less than that needed to meet water quality standards of Subsection 10-8.5f4(d), whether or not the lot may be served by a centralized sewer treatment or collection system pursuant to Section 10-6.

10-6 Zone District Use Regulations.

10-6.1. 
R-25 Rural Residence Zone.
a. 
Permitted Uses.
1. 
One-family detached dwellings.
2. 
Customary and conventional farming operations and farm dwellings. No storage of manure or other odor- or dust-producing substances or use shall be permitted within 100 feet of any property line.
3. 
City buildings and other municipal uses deemed necessary and approved by the Planning Board and City Council.
4. 
Private outdoor parks and recreation areas, subject to the regulations set forth herein.
5. 
Campgrounds, under the following standards:
[Amended 11-5-2008 by Ord. No. 09-2008]
(a) 
There shall be no more than one campsite per gross acre. Campsites may be clustered at a net density not to exceed 10 campsites per acre.
(b) 
No camping unit nor campsite in a proprietary campground shall be used as the principal residence or domicile of any of its occupants nor shall it be utilized as a permanent residence by any said occupant; N.J.S.A. 45:22A-51, requiring prohibition of the use of the property for the purpose of domicile or permanent residence in the Master Deed or Certificate of Incorporation for a proprietary campground, shall apply in the City of Estell Manor; any unit owner or proprietary lessee found to be in violation is subject to eviction, and if any association does not remedy the situation, it is subject to penalties and/or license revocation. Health and safety regulations in proprietary campgrounds are to be compliant with New Jersey Administrative Code, Title 5, Chapter 10, except in proprietary campgrounds, two sites may be occupied year round as the residence of the association president, manager or caretaker.
(c) 
The provisions of Chapter XI of the New Jersey Sanitary Code, Subchapters 8:22-1.1 through 8:22-10.6, shall apply to all public campgrounds.
(d) 
The following provisions of Chapter XI of the New Jersey Sanitary Code, N.J.A.C. 8:22-1.1 et seq., shall be modified as applied to campgrounds within the City of Estell Manor.
(1) 
The following definitions under the New Jersey Sanitary Code, N.J.A.C. 8:22-1.6, are modified as follows:
[a] 
"Camping unit" is redefined to exclude from said definition a cabin, lean-to or similar structure. As modified, said definition shall read as follows: "Camping unit" means any tent or camping vehicle temporarily located on a campsite, established or maintained and operated in a campground as temporary living quarters for children or adults, or both, for recreation, education or vacation purposes, but shall not include any camping unit kept by its owner on land occupied by him in connection with his dwelling or any camping unit which is not occupied and which is kept at a campground for storage purposes only at a location reserved for the storage of such camping units.
[b] 
"Owner" means the person or persons having the legal authority to permit the occupancy in a public or proprietary campground. This can include a campground licensee in a public campground. In a proprietary campground, this could include the campsite owner as well as the condominium association.
(e) 
Accessory structures.
(1) 
All accessory structures, whether permanent or temporary, must have the following approvals from the City of Estell Manor:
[a] 
A zoning permit applied for and approved by the City of Estell Manor.
[b] 
A letter of approval from the campground owner or the condominium association, which must be presented with the application for a zoning permit.
[c] 
Zoning applications may be for permanent or temporary structures, and if for a temporary structure, such structure shall be removed within six months, and all structures are subject to the requirement of having a building permit as required by the New Jersey Uniform Construction Code (N.J.U.C.C.).
[d] 
The following are excepted from the zoning permit and building permit requirements herein:
{1} 
Out-of-the-box screen rooms and screen tents.
{2} 
Roll-out awnings from RVs.
[e] 
The maximum allowable square footage of any accessory structure or structures collectively on any campsite shall be 300 square feet, whether on a private or proprietary campground.
[f] 
The maximum size of any storage shed, bin or locker shall be eight feet by eight feet by 10 feet; provided that the owner of the campground or the association may build public storage shelters for campers' use, provided all zoning and building permits are obtained as well as approvals from any other agency having jurisdiction, including the Pinelands Commission.
(2) 
The following shall be considered accessory structures in campgrounds, whether temporary or permanent:
[a] 
Screen rooms, screen porches, pavilions, platforms, decks, ramps, sheds, storage bins or lockers.
[b] 
Screen room, screen porch, deck, ramp, pavilion and platform walls must be 70% screen and doors must be 50% screen. Windows are prohibited.
(f) 
Recreation vehicle regulations.
(1) 
The maximum allowable size of any recreational vehicle on any campsite shall be 400 square feet, and no additions other than those described in the accessory structure section above shall be allowable, whether such addition be attached to the recreational vehicle or freestanding. This regulation shall apply to both public and proprietary campgrounds.
(2) 
When a campsite is vacated for a period of seven months, all accessory structures on the vacant campsite shall be removed, including the removal of any such accessory structures associated with any recreational vehicle which is considered a principal structure.
(3) 
Only one recreational vehicle is allowed per campsite, and no accessory structures are to be used as separate living space. This regulation applies to both public and proprietary campgrounds.
(g) 
Cabins.
(1) 
A cabin shall be as defined in N.J.A.C. 8:22-1.2.
(2) 
Cabins shall not temporarily or permanently be connected to any water supply nor sanitary sewer facility. The cabin shall have no plumbing of any nature within it.
(3) 
The cabin may be owned only by the campground licensee.
(4) 
The cabins are to be rented on a short-term basis only; no one person or persons, regardless of who signs the registration, may occupy such for more than 21 days in any calendar year.
(5) 
Cabins may be placed only on sites owned by the licensee of the campground.
(6) 
The licensee shall keep records of the use of each cabin, including the names and addresses of the lessees, the dates on which they occupied the cabin and the names and addresses of all occupants.
(7) 
Cabins may be utilized from May 1 to October 31 of each year only, and only six cabins are allowable per campground, provided that occupancy must be recorded and forwarded to the Municipal Zoning Official in the same manner as winter campsites.
(8) 
The camping cabin shall not exceed 250 square feet, including any porches or decks that may be attached to it.
(9) 
Camping cabins or lease units shall be on their own campsite, and no other recreational vehicle shall be allowed on that campsite.
(10) 
Owners of private campgrounds (proprietary campgrounds excluded) may use two of their sites to set up rental recreational vehicles. The recreational vehicles must be consistent with all of the above regulations, and the owner will be responsible for their maintenance and cleaning. These two recreational vehicles must be connected to the sanitary sewer facilities at the campground. Occupancy must be recorded and forwarded to the Municipal Zoning Official in the same manner as winter campsites.
(h) 
Municipal application process.
(1) 
On or before November 1 of each year, all campgrounds shall apply for their license renewal. Required for the license renewal consideration are:
[a] 
A completed and signed license renewal form.
[b] 
A check for the full amount of the license renewal fee.
[c] 
A list of every site in the campground, with owner's or lessee's names and their permanent mailing address. (Vacant lots should read "vacant," and when occupied, the updated information should be sent to the Municipal Zoning Officer within 14 days.)
[d] 
When conditions a, b and c are met, the Municipal Zoning Officer will do a compliance inspection of the campground.
6. 
Forestry, in accordance with Chapter 4 of the Administrative Code of the City of Estell Manor.
7. 
A zoning permit shall be granted for the following types of improvements that do not further infringe on any previously noncompliant setback if all other zoning requirements are met:
[Added 12-2-1999 by Ord. No. 0-13-99]
(a) 
Porches.
(b) 
Decks.
(c) 
Sunrooms.
(d) 
Swimming pools.
(e) 
Additions to living area of dwelling.
(f) 
Sheds.
b. 
Permitted Accessory Uses.
1. 
Customary farm buildings for the storage of products or equipment located on the same parcels as the principal use.
2. 
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
3. 
Public service infrastructure, provided that such uses in the Pinelands Area are intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Pinelands Area only in accordance with Subsection 10-8.5f4(b).
4. 
Private garages and carports.
5. 
Off-street parking facilities as permitted by Subsection 10-8.3.
6. 
Signs, subject to the provisions of Subsection 10-8.1c.
7. 
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that the principal goods or products available for sale are generally produced in the Pinelands and provided that the establishment does not exceed 3,000 square feet.
c. 
Conditional Uses.
1. 
Continuation of existing resource extractions operations in accordance with the standards of N.J.A.C. 7:50-6, Part VI, the regulations set forth in Section 8-3 of this Code and the provisions of Subsection 10-9.15. Sandwashes are prohibited.
2. 
Places of worship.
3. 
Public, parochial or private schools for day students.
4. 
Low-intensity recreational uses, provided that:
(a) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres:
(b) 
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
(c) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.
(d) 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.
(e) 
No more than 1% of the parcel will be covered with impervious surfaces.
d. 
Yard, area and bulk requirements, as specified in the schedule.[1]
[1]:
Editor's Note: The schedule is included at the end of this chapter.
10-6.2. 
R-10 Residence Zone.
a. 
Permitted Uses.
1. 
All uses permitted in an R-25 Residence Zone, except cutting and harvesting of trees, but including accessory uses, are permitted in an R.10 Residence Zone.
2. 
One-family detached dwellings on lots of at least one acre in accordance with Subsection 10-7.11e of this chapter.
b. 
Conditional Uses.
1. 
Places of worship.
2. 
Resource extraction, other than sandwashes, subject to the regulations set forth in Subsection 10-9.15. Sandwashes are prohibited.
3. 
Public, parochial or private schools for day students.
4. 
(Reserved)
c. 
Yard, area and bulk requirements as specified in schedule.
10-6.3. 
RV Village Residence Zone.
a. 
Permitted Uses.
1. 
All uses permitted in an R-25 Rural Residence Zone and an R-10 Residence Zone, including accessory uses, are permitted in the RV Village Residence Zone, except for resource extractions, campgrounds and cutting and harvesting of trees.
b. 
Conditional Uses.
1. 
The following types of businesses are permitted under a conditional use, provided that the goods sold or personal services rendered are clearly incidental to the businesses enumerated, and are planned for the convenience of the surrounding neighborhoods:
(a) 
Clothing stores.
(b) 
Baked goods stores.
(c) 
Confectionary shops.
(d) 
Barber- and beauty shops, provided that adequate provision is made for the disposal of hair, chemicals and other wastes on-site, with particular attention being paid so that there will be no deleterious effect on nearby wells or other on-site waste disposal systems.
(e) 
Tailor shops.
(f) 
Shoe repair shops.
(g) 
Professional offices.
(h) 
Private tutoring of academic subjects.
(i) 
The giving of music lessons, provided that the Planning Board shall, in such case, set reasonable hours so as to ensure the peace and quiet of occupants of neighboring premises, giving due regard to the type of instruments for which lessons are to be given on the site in question.
(j) 
Watch and jewelry shops.
(k) 
Manufacturing for on-premises sale and/or sale of ice cream, frozen custard, frozen yogurt and other frozen desserts, provided that the Planning Board shall, in such case, set reasonable hours so as to ensure the peace and quiet of occupants of neighboring premises.
2. 
Public, parochial or private schools for day students.
3. 
Places of worship.
4. 
Crafts, provided that the crafts are manufactured exclusively on the premises in question.
5. 
Home professional offices.
6. 
Quasi-public buildings and recreation uses.
7. 
Mobile home parks.
c. 
Yard, area and bulk requirements as specified in the schedule.
10-6.3A. 
R-5 Residence Zone.
a. 
Permitted Uses.
1. 
All uses permitted in an R-25 Rural Residence Zone and an R-10 Residence Zone, including accessory uses, are permitted in the R-5 Residence Zone, except landfills and resource extraction and cutting and harvesting of trees.
b. 
Conditional Uses.
1. 
Home crafts.
2. 
Home professional offices.
3. 
(Reserved)
c. 
Yard, area and bulk requirements, as specified in the schedule.[2]
[2]:
Editor's Note: The schedule is included at the end of this chapter.
10-6.3B. 
SD Special District.
a. 
Permitted Uses.
1. 
One-family detached dwellings, on lots not less than 3.2 acres in size, as regulated hereunder.
2. 
One-family detached dwellings on lots of at least one acre in accordance with Subsection 10-7.11e of this chapter.
3. 
One-family detached dwellings, on lots between one acre and 3.2 acres in size, as regulated hereunder, provided that the applicant meets the following requirements:
(a) 
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(b) 
Any portion of the parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.
(c) 
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.
(d) 
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
4. 
City buildings and other municipal uses deemed necessary and approved by the Planning Board and City Council.
b. 
Permitted Accessory Buildings and Uses.
1. 
Private garages and carports.
2. 
Off-street parking facilities as regulated hereunder.
c. 
Conditional Uses.
1. 
Home crafts.
2. 
Home professional offices.
10-6.4. 
HC Highway Commercial Zone.
a. 
Permitted Uses.
1. 
Food stores.
2. 
Drugstores.
3. 
Clothing stores.
4. 
Card shops.
5. 
Household supplies and hardware stores.
6. 
Barber- and beauty shops, provided that adequate provision is made for the disposal of hair, chemicals and other wastes on-site, with particular attention being paid so that there will be no deleterious effect on nearby wells or other on-site waste disposal systems.
7. 
Dry-cleaning and laundry establishments, provided that adequate provision is made for the disposal of chemicals and other wastes on site, with particular attention being paid so that there will be no deleterious effect on nearby wells or other on-site waste disposal systems.
8. 
Tailor shops.
9. 
Shoe repair shops.
10. 
Professional offices.
11. 
Private tutoring.
12. 
The giving of music lessons.
13. 
Repairs of personal effects and appliances.
14. 
Watches and jewelry shops.
15. 
Sales of household appliances.
16. 
Ice cream parlors and custard stands.
17. 
Supermarkets.
18. 
Department stores.
19. 
Furniture stores.
20. 
Appliance stores.
21. 
Carpet and flooring stores.
22. 
Sporting goods stores.
23. 
Automobile sales.
24. 
Restaurants and drive-in restaurants.
25. 
Hotels and motels.
26. 
Lumberyards.
27. 
Masonry materials.
28. 
City buildings and other municipal uses deemed necessary and approved by the Planning Board and City Council.
29. 
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
30. 
Agricultural commercial establishments, excluding convenience stores, provided that:
(a) 
The principal goods and products available for sale were produced in the Pinelands; and
(b) 
The sales area of the establishment does not exceed 5,000 square feet.
31. 
In the Pinelands Area, Pinelands resource-related industrial uses and manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:
(a) 
The parcel proposed for development is at least five acres in size.
(b) 
The principal raw material for the proposed use is found or produced in the Pinelands.
(c) 
The use does not require or will not generate secondary or satellite development inside the HC Highway Commercial Zone.
32. 
General stores, which are defined as stores limited to selling those goods and services customarily provided by more than one of the establishments listed in Subsections 1 through 27 of this Subsection 10-6.4a above, provided that no products or services not customarily sold by said establishments are included.
b. 
Permitted Accessory Buildings and Structures.
1. 
Essential Utilities. In the Pinelands Area, centralized wastewater treatment and collection facilities shall be permitted only as set forth in Subsection 10-8.5f4(b) of this chapter.
2. 
Private garages and carports.
3. 
Off-street parking facilities as permitted by Subsection 10-8.3.
4. 
Signs subject to the provisions of Subsection 10-8.1c.
c. 
Conditional Uses.
1. 
Public Service Infrastructure. In the Pinelands Area, public service infrastructure shall be intended to primarily serve the needs of the Pinelands, and centralized wastewater treatment and collection facilities shall be permitted to service the forest area only in accordance with Subsection 10-8.5f4(b).
2. 
Motor vehicle service stations and tire and battery sales and services, subject to the requirements of Subsection 10-9.8.
d. 
Yard, Area and Bulk Requirements. As specified in the schedule.[3]
[3]:
Editor's Note: The schedule is included at the end of this chapter.
e. 
Additional Requirements. In order to encourage the sound development of major highway frontage, the following special provisions shall apply in any location in the HC Highway Commercial District.
1. 
Access will be controlled in the interest of public safety. Each building or group of buildings used for nonresidential purposes and its parking or service areas shall be physically separated from any United States or state highway by a curb and a low planting strip or other suitable barrier of not less than 10 feet in depth against unchanneled motor vehicles access or egress, except for accessways authorized therein.
2. 
Each separate use, grouping of attached buildings or groupings of uses permitted as part of a single integrated plan shall have not more than two accessways to any one highway. Insofar as practicable, the use of common accessways by two or more permitted highway uses shall be provided in order to reduce the number and closeness of access points along the highway and to encourage the fronting of commercial structures upon a marginal street and not directly upon a public highway.
3. 
Any proposed use shall not unduly burden public services, including but not limited to water, sewer and roads.
4. 
In the Pinelands Area, public service infrastructure shall be intended to primarily serve the needs of the Pinelands and/or the city.
10-6.4A. 
C Conservation Zone.
a. 
Permitted Uses.
1. 
Berry agriculture and horticulture of natural Pinelands species in accordance with the provisions of Subsection 10-8.5 of this chapter.
2. 
Forestry, provided that all licenses required by Chapter 4 of the Revised General Ordinances of the City of Estell Manor are obtained.
3. 
Fish and wildlife management, subject to the provisions of Subsection 10-9.14 of this chapter.
4. 
Beekeeping.
5. 
Low-intensity recreational uses which do not involve use of a structure other than docks, piers, moorings and boat launches for the use of a landowner, provided that:
(a) 
Any development associated with uses other than hunting, fishing, trapping, hiking, boating and swimming does not result in a significant adverse impact on the wetland as set forth in Section 10-9.14 of this chapter.
(b) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres.
(c) 
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
(d) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.
(e) 
Clearing of vegetation, including ground cover and soil disturbance does not exceed 5% of the parcel.
(f) 
No more than 1% of the parcel will be covered with impervious surfaces.
6. 
Public improvements and public service infrastructure, provided that it is intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the forest area only in accordance with Subsection 10-8.5f4(b).
7. 
One-family detached dwellings in accordance with the yard, area and bulk requirements set forth for the R-25 Zone in the schedule.[4]
[4]:
Editor's Note: See the Revised Schedule of Yard, Area and Bulk Requirements which is included at the end of this chapter.
b. 
Permitted Accessory Buildings and Structures.
1. 
Any structure that furthers and is subordinate to a permitted use which does not exceed 150 square feet in floor area.
c. 
Conditional Uses.
1. 
Parking areas.
2. 
Any structure for a use otherwise permitted herein exceeding 150 square feet in floor area.
3. 
In approving any conditional use in a C Conservation Zone, the approval agency shall determine that there will be no significant adverse impact on the subject property or any property in the proximity of the same and that said use will be consistent with the primary purposes of this C Conservation Zone.
10-6.4B. 
FH Flood Hazard Zone.
a. 
Permitted Uses.
1. 
All uses permitted in the C Conservation Zone, subject to the provisions of Subsections 10-7.13 and 10-9.14 of this chapter, as amended by this ordinance.[5]
[5]:
Editor's Note: "This ordinance" refers to Ord. 83-4.
2. 
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact as set forth in Subsection 10-9.14.
3. 
Commercial or public docks, piers, moorings and boat launches, provided that there is a demonstrated need for the facility that cannot be met by existing facilities, and provided that the development conforms to all state and federal regulations, and provided that the development will not result in a significant adverse impact as set forth in Subsection 10-9.14.
b. 
Conditional Uses. Any use which is a permitted or conditional use in the district underlying the particular Flood Hazard Area, subject to the provisions of Subsections 10-7.13 and 10-9.12 of this chapter.
10-6.4C. 
AP Agricultural Production Zone.
a. 
Permitted Uses.
1. 
Single-family dwellings on lots of 3.2 acres, provided that:
(a) 
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(b) 
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;
(c) 
The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and
(d) 
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.
2. 
Residential dwelling units not to exceed a gross density of one unit per 10 acres, provided that:
(a) 
The dwelling is accessory to an active-agricultural operation.
(b) 
The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation.
(c) 
The dwelling is to be located on a lot which is under or qualified for agricultural assessment.
(d) 
The dwelling is to be located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unity unto itself or as part of another farm operation in the area.
(e) 
A residential lot has not been subdivided from the property since the effective date of this amendment or the previous five years, whichever shall then last occur, unless the lot has been subdivided pursuant to Subsection a1 above.
(f) 
No more than one lot may be created for a dwelling pursuant to this subsection at any one time.
3. 
Agriculture.
4. 
Agricultural employee housing as an element of and accessory to an active agricultural operation.
5. 
Forestry, provided that all licenses required by Chapter 4 of the Revised Ordinances of the City of Estell Manor are obtained.
6. 
Fish and wildlife management.
7. 
Low-intensity recreational uses, provided that:
(a) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b) 
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d) 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e) 
No more than 1% of the parcel will be covered with impermeable surfaces.
8. 
Pinelands development credits, in accordance with Subsection 10-8.7.
9. 
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:
(a) 
The principal goods or products available for sale were produced on the premises or in the Pinelands.
(b) 
The sales area of the establishment does not exceed 5,000 square feet.
10. 
Cutting and harvesting of trees.
11. 
One-family detached dwellings on lots of at least one acre, provided that:
(a) 
The applicant satisfies all of the requirements set forth in Subsection 10-6.4Cal above.
(b) 
The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the interim rules and regulations prior to January 14, 1981.
(c) 
The applicant qualifies for and receives from the city a variance from the three-and-two-tenths-acre lot size requirement set forth in Subsection 10-6.4Cal above.
(d) 
The applicant purchases and redeems twenty-five hundredths (0.25) Pinelands development credit.
(e) 
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to Subsection 10-8.7c of this chapter.
b. 
Permitted Accessory Buildings and Structures.
1. 
Customary farm buildings for the storage of products or equipment located on the same parcel as the principal use.
2. 
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
3. 
Essential Utilities. In the Pinelands Area, centralized wastewater treatment and collection facilities shall be permitted to service the AP Zone only as set forth in Subsection 10-8.5f4(b) of this chapter.
4. 
Signs, subject to the regulations set forth herein.
5. 
Private garages and carports.
c. 
Conditional Uses.
1. 
Agricultural products processing facilities.
2. 
Residential dwelling units at a gross density of one unit per 40 acres, provided that:
(a) 
The unit(s) shall be clustered on one-acre lots;
(b) 
The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel; and
(c) 
The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands Development Credits allocated to the parcel.
3. 
(Reserved)[6]
[6]:
Editor's Note: Former Subsection 10-6.4Cc3, dealing with the AP Zone, was repealed 4-5-1989 by Ord. No. 89-4.
d. 
Yard, area and bulk requirements, as specified in the schedule.[7]
[7]:
Editor's Note: The schedule is included at the end of this chapter.
10-6.5. 
Regulations Applicable to Special Industrial Developments in HC Zone.
a. 
Permitted Uses.
1. 
Light manufacturing uses employing electricity or other unobjectionable motor power, utilizing hand labor or other unobjectionable machinery or processes or manufacturing processes which are free from objectionable odors, fumes, dirt, vibration or noise, such as but not limited to the following:
(a) 
Glass and glass products manufacturing.
(b) 
Jewelry manufacturing.
(c) 
Leather goods manufacturing, except the curing and finishing of hides.
(d) 
Plastic products manufacturing.
(e) 
Sporting goods manufacturing.
(f) 
Rope, thread and yarn manufacturing.
(g) 
Brush and broom manufacturing.
(h) 
General industrial machine equipment and manufacturing.
(i) 
Fabrication of metal products.
(j) 
Fabrication of paper and wood products.
(k) 
Manufacturing of light machinery.
2. 
Food and associated industries comprising, such as but not limited to the following:
(a) 
Bakeries.
(b) 
Bottling of food and beverages.
(c) 
Food processing.
(d) 
Ice cream manufacturing.
(e) 
Manufacturing of spirituous liquor.
3. 
Biological, chemical, electronic and pharmaceutical laboratories, scientific laboratories devoted to research, design and experimental operation of equipment.
4. 
Administrative and business offices.
5. 
Truck terminal facilities.
6. 
Commercial-industrial establishments, such as but not limited to commercial printing plants, farm machinery sales and services, and earthmoving equipment sales and service.
7. 
City buildings and other governmental or public uses deemed necessary and approved by the Planning Board and City Council.
8. 
Temporary buildings for uses incidental to construction work, provided such buildings are removed upon completion or abandonment of the construction work.
b. 
Permitted Accessory Uses.
1. 
Off-street parking, loading and ramp area as required by Subsection 10-8.3.
2. 
The enclosed warehousing and storage of goods and products, provided that no goods are sold from the premises.
3. 
Garage space necessary to store any vehicles on the premises.
4. 
Noncommercial recreational areas and parks owned and operated by any industry located within the zone.
5. 
The warehousing and storage of goods, provided that any goods or products stored out of doors are enclosed by a landscaping or fencing screen on three sides and screened from view from a public street.
6. 
Essential utilities. In the Pinelands Area, centralized wastewater treatment and collection facilities shall be permitted to service the special industrial developments in the HC zone only as set forth in Subsection 10-8.5f4(b).
c. 
Conditional Uses. (See Section 10-9.)
1. 
Public service infrastructure.
d. 
Height, Area and Bulk Requirements. As specified in the schedule.
e. 
Additional Requirements for Special Industrial Developments.
1. 
All activities and processes shall take place within an enclosed building; incidental storage out of doors shall be shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.
2. 
Not more than two driveways, of not less than 24 feet nor more than 40 feet in width, shall be permitted for each 150 feet of roadway frontage, nor shall any such driveway or access point be located within 100 feet of the intersection of two public streets.
3. 
All uses permitted in this zone shall set aside 20% of the lot to be devoted to seeding, planting, retention of tree cover or other landscaping; this area shall be used for no other purpose.
4. 
Truck loading and unloading areas shall be provided in an amount sufficient to permit the transfer of goods and products in other than a public street or required front yard area.
5. 
Truck terminal facilities shall be enclosed on three sides to the rear of the front building line by fencing or other appropriate means; such fencing shall not be less than five feet in height.
6. 
Entrance and exit points to permitted uses shall be clearly marked and may be indicated by directional signs not to exceed four square feet in area on any one side, which signs shall not exceed four in number and shall not contain any advertising matter.
f. 
Performance Standards for Permitted Uses.
1. 
Liquid wastes and effluents shall be discharged into an approved existing sewage treatment system in accordance with the regulations of that system or shall be treated in a treatment plant operated by the permitted use which is in compliance with the applicable state statutes and with the requirements of the State Board of Health.
2. 
Precaution against fire hazards, proper handling of and storage of materials, structural design and safeguards for the health and safety of workers shall comply with the applicable regulations and requirements of the State Department of Labor and Industry.
3. 
Any vibration, glare or noise resulting from the operation of the use shall not be evident beyond the boundaries of the zone district.
4. 
The operation shall not result in the dissemination of smoke, dust, chemicals or odors into the air to such a degree as to be detrimental to the health and welfare of the residents of the area, in compliance with the applicable state statutes and with the requirements of the State Board of Health.
5. 
Whenever a property line of an industrial lot abuts or is across the street from a residential zone, a buffer strip shall be established which shall include an area of land 10 feet in width as measured from the property line. For the purpose of establishing a building setback line, along buffer areas, all front, side and rear yard lines shall be increased by a depth of 10 feet. Screening shall be provided along the rear and side property lines. The buffer strip and screening shall meet the standards set forth in Subsection 10-8.2.
10-6.6. 
Historic Preservation.[8]
a. 
Intent. It is the purpose and intent of this subsection to promote, protect, enhance, perpetuate and preserve historic landmarks for the educational, cultural, economic and general welfare of the public through the preservation, protection and regulation of the buildings, sites, monuments, structures and areas of historic interest or importance within the City of Estell Manor; to safeguard the heritage of the City by preserving and regulating historic landmarks and districts which reflect elements of its cultural, social, economic, political and architectural history; to preserve and enhance the environmental quality of neighborhoods; to strengthen the City's economic base by the stimulation of the tourism industry; to establish and improve property values; to foster economic development; to manage growth; to foster civic pride in the beauty and accomplishments of the City's past; and to preserve and protect the cultural, historic and architectural assets of the City which have been determined to be of national, state and local historic and architectural significance.
[Amended 12-17-2003 by Ord. No. 07-03]
b. 
Application. The provisions of this Subsection 10-6.6 shall apply uniformly throughout the City, regardless of zoning district boundaries.
[Amended 12-17-2003 by Ord. No. 07-03]
c. 
Historic Preservation Commission. The Historic Preservation Commission heretofore created shall henceforth be known as the "Historic Preservation Commission" and shall be governed by the provisions of N.J.S.A. 40:55D-107 et seq.
[Amended 12-17-2003 by Ord. No. 07-03]
d. 
Creation; Appointments; Terms; Officers.
[Amended 12-17-2003 by Ord. No. 07-03]
1. 
The Historic Preservation Commission shall consist of five members, each of whom shall be appointed by the Mayor. Of the regular members, a total of at least one less than a majority shall be of Classes A and B. The Commission shall include at least one member of each of the following classes:
(a) 
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
(b) 
Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
(c) 
Class C: Those regular members who are not designated as Class A or B shall be designated as Class C members. Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning/Zoning Board or Board of Adjustment.
(d) 
Alternate members: The Historic Preservation Commission shall consist of five regular members and may not have more than two alternate members. The alternate members shall meet the qualifications of Class C members.
2. 
The Mayor shall appoint all members of the Commission and shall designate at the time of the appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2." The terms of the members first appointed under this act shall be so determined that, to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years; and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
3. 
The current terms of members expire as follows:
(a) 
Class A: December 31, 2005.
(b) 
Class B: December 31, 2003.
(c) 
Class C No. 1: December 31, 2004.
(d) 
Class C No. 2: December 31, 2005.
(e) 
Class C No. 3: December 31, 2006.
(f) 
Alternate No. 1: December 31, 2003.
(g) 
Alternate No. 2: December 31, 2004.
4. 
Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
5. 
The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary who may or may not be a member of the Historic Preservation Commission or a municipal employee.
6. 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
7. 
No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
8. 
A member of the Historic Preservation Commission may, after public hearing if he requests it, be removed by the governing body for cause.
9. 
The governing body shall make provision in its budget and appropriate funds for the expenses of the historic Preservation Commission.
(a) 
The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the governing body, unless the governing body, by appropriation, provides for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use.
10. 
The Historic Preservation Commission shall have the responsibility to:
(a) 
Prepare a survey of historic sites of the municipality pursuant to criteria identified in the survey report.
(b) 
Make recommendations to the Planning/Zoning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
(c) 
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
(d) 
Advise the Planning Board and Board of Adjustment on applications for development pursuant to Subsection 10-6.6dll.
(e) 
Carry out such other advisory, educational and informational functions as will promote the historic preservation in the municipality.
11. 
The Planning Board and Board of Adjustment shall refer to the Historic Preservation Commission every application for development submitted to either Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or identified in any component element of the Master Plan. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required under this subsection shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
12. 
The Historic Preservation Commission shall keep minutes and records of its meetings and proceedings, including voting records, findings, determinations and recommendations. Copies of same shall be forwarded to the Planning/Zoning Board for use in making final determinations on any application for development or other matter referred to the Historic Preservation Commission for review. Copies shall also be forwarded to Council and made available to other municipal bodies, agencies and officials for their use.
13. 
Members of the Historical Preservation Commission shall serve without compensation but may be reimbursed for expenses incurred in the performance of official business if said reimbursement is included in the budget and approved by City Council.
e. 
Powers of Historic Preservation Commission. The Historic Preservation Commission shall have the following powers:
1. 
All powers as set forth in N.J.S.A. 40:55D-109, as heretofore and hereafter amended, and, in addition thereto;
2. 
To seek advisory opinions and technical assistance from all municipal employees, agencies and boards or other public officials on any matter within its jurisdiction.
3. 
To report periodically to the Planning Board and to the City Council on the state of historic preservation in Estell Manor and to recommend measures to improve the same.
4. 
To collect and disseminate material on the importance of historic preservation and techniques for achieving the same.
5. 
To advise all municipal agencies regarding goals and techniques of historic preservation.
6. 
To recommend the adoption of such regulations and procedures not inconsistent with this chapter as are necessary and proper for the effective performance of the duties herein assigned.
f. 
(Reserved)[9]
[9]:
Editor's Note: Former Subsection 10-6.6f, dealing with ancillary powers of the Zoning Board, was repealed 4-5-1989 by Ord. No. 89-4.
g. 
Designation of Historic Landmarks. The Historic Preservation Commission shall make a comprehensive survey of the City of Estell Manor for the purpose of identifying historic landmarks which are worthy of protection and preservation. Based on the survey or upon the recommendation of concerned citizens, the Commission shall document the importance and historic significance to the city, county, state and/or nation of each site so recommended for landmark designation according to the criteria established in the definition of "historic landmark" contained in Section 10-3 and prepare a tentative nomination list and map of such proposed landmarks. Sites or structures accepted on the National or State Register of Historic Places, as well as Pinelands-designated sites, shall be automatically included on the list.
1. 
The Historic Preservation Commission shall, as soon as practicable, make public a complete list and map of the tentatively designated landmarks, specifying the locations, boundaries and popular names thereof and, in each case, the reason for such tentative designation.
2. 
Upon completion of the survey and the tentative nomination list and map, the Historic Preservation Commission, by certified mail, shall:
(a) 
Notify each owner that his or her property has been recommended for designation as an historic landmark and the reason therefor; and
(b) 
Advise each owner of the significance and consequences of such designation and advise him of his opportunity to participate in the public hearing held pursuant to the provisions of Subsection 10-6.6g3 hereof.
3. 
The tentative list and map shall, within 45 days thereafter, be presented at a public hearing held by the Historic Preservation Commission for the examination and criticism of the public. Interested persons shall be entitled to present their opinions, suggestions and objections at this public hearing. A list and map showing all proposed historic districts and landmarks shall be published, together with notice of the hearing, in the official newspaper of the city not less than 10 days before such hearing is to be held.
4. 
After full consideration of the evidence brought forth at the public hearing, the Historic Preservation Commission shall make its final recommendations on such designations and shall issue its final report to the public stating reasons in support of its recommendations with respect to each landmark and historic district.
5. 
The Historic Preservation Commission's report shall, within 45 days thereafter, be submitted to the Secretary of the Planning Board. The Planning Board shall then determine whether to recommend adoption, rejection or modification of the Historic Preservation Commission's proposed designations to the City Council. The Planning Board shall clearly specify its findings with respect to a recommendation to reject or modify the Historic Preservation Commission's proposed designations and shall incorporate into the Master Plan all proposed designations which have been recommended for adoption.
6. 
Upon action by the Planning Board, the Board's recommendations shall be submitted to the City Clerk. The City Council shall then consider whether to enact the designation list and map as part of this chapter. Upon enactment, the requirements of Subsection i hereof shall govern all such designated landmarks and historic districts.
7. 
Copies of the designation list and official map, as enacted by the City Council, shall be made public and distributed to all municipal agencies reviewing development applications and all construction, zoning and other permits.
8. 
After passage of an amendment to the Zoning Ordinance of the City of Estell Manor adopting any designation of historic landmarks, the same shall be made public and distributed to all municipal agencies reviewing development applications and all building and housing permits. A certificate of designation shall be issued for each said property by the Historic Preservation Commission and served by certified mail upon the owner of each site included in the final list, and a true copy of the same shall be filed with the County Clerk for recording in the same manner as certificates of lien upon real property.
9. 
Each designated landmark may be marked by an appropriate plaque, in such form as the Historic Preservation Commission shall promulgate and with permission of the owner of the designated site.
10. 
Any resource designated by the City Council in accordance with Subsection g1 through 8 hereof may be removed from designation if the City Council determines that the resource no longer meets the criteria set forth in the definition of a landmark.
h. 
Amendments to the Designation List and Map.
1. 
Once enacted, the designation list and map may be amended by submission to the Planning Board of an application for landmark designation. Amendments may be proposed by any interested person or party.
2. 
An application for landmark designation shall be submitted on a National Register of Historic Places Inventory-Nomination Form, with the accompanying information listed in the State and National Register Manual, as published by the New Jersey Department of Environmental Protection. The application shall contain the following information:
(a) 
A statement detailing the basis for designation with reference to the criteria set forth in the definition of a landmark;
(b) 
One or more photographs, if appropriate, together with descriptive captions, illustrating the features of the proposal which support its designation.
(c) 
A detailed description of the present and original, if known, condition of any structure or site proposed for designation, including a detailed architectural description, if applicable; and
(d) 
One or more maps clearly identifying the boundaries of the area proposed for designation and a written statement justifying those boundaries on the basis of the criteria set forth in the definition of a landmark.
3. 
Upon receipt of an application for landmark designation, the Planning Board shall refer a copy of the application to the Historic Preservation Commission for review and comment. Upon a recommendation from the Historic Preservation Commission, the Planning Board may request further information from the applicant in order to complete a thorough review of the application.
4. 
If the designation is proposed by anyone other than the property owner, the Historic Preservation Commission shall notify the owner in the same manner as provided in Subsection 10-6.6g2 hereof.
5. 
Action on the application for an amendment to the designation list and map shall be taken in accordance with Subsection 10-6.6g1 through 9 hereof.
i. 
Certificates of Appropriateness.
1. 
A certificate of appropriateness shall be required before any other permit or approval is issued for any of the following or, in the event that no other type of permit or approval is otherwise required, before work can commence on any of the following activities:
(a) 
Demolition or destruction of an archaeologicl remnant or any other portion of a landmark or a Pinelands-designated site.
(b) 
Relocation of any landmark or Pinelands-designated site.
(c) 
Change in the exterior appearance of any existing landmark, Pinelands-designated site or lot shown on the Tax Map of the City of Estell Manor abutting a landmark or within 200 feet of the same.
(d) 
Any new construction of a principal or accessory structure.
(e) 
Subdivision into two or more lots of a lot on which is situate a landmark, historic district site or Pinelands-designated site.
2. 
The Planning Board shall issue Certificates of Appropriateness for any of the activities listed in Subsection i1 above. In cases where the Zoning Board of Adjustment shall have jurisdiction over the matter, said Board may either issue a certificate of appropriateness or refer the matter to the Planning Board for the issuance of said certificate. The Historic Preservation Commission shall review all applications for a certificate of appropriateness and provide a written report, including its recommendations to the Planning Board or Zoning Board of Adjustment, as the case may be.
3. 
Following receipt of the report of the Historic Preservation Commission, the Planning Board or Zoning Board of Adjustment, as the case may be, shall take action on the application for a certificate of appropriateness. In taking said action, the Planning Board or Zoning Board of Adjustment shall consider the recommendation of the Historic Preservation Commission, but is not bound by the same. No approval agency may approve an application for development described in Subsection i1 above in the absence of such a certificate, nor may a building permit or certificate of occupancy be issued in the absence of the same.
4. 
Repair of a landmark or Pinelands-designated site as defined in Section 10-3 hereof shall not require a certificate of appropriateness nor shall repainting or interior alterations.
5. 
An applicant may allege that his application should be granted because the addition or alteration contemplated will not be visible from any place to which the public normally has access and, therefore, that said addition or alteration cannot adversely affect the public interest. In that event, the Historic Preservation Commission may forthwith recommend approval of the plans on that basis. However, the provisions of Subsection i15 shall apply for such applications subject to Pinelands Commission review.
6. 
The Planning Board and Board of Adjustment shall make available to the Historic Preservation Commission a copy of every application submitted to either Board for development on the property of any landmark on a Pinelands-designated site or on any lot within 200 feet of the same. The Historic Preservation Commission may provide its advice, which shall be conveyed through delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
7. 
All applicants shall pay a fee of $25 to the Historic Preservation Commission for preliminary review.
8. 
An application for a certificate of appropriateness shall be submitted to the Administrative Officer. No such application shall be deemed complete unless it includes the following information:
(a) 
Detailed plans depicting the exact work to be performed, including detailed renderings of the exterior of any proposed new sign or structure or any exterior alterations to existing structures. A delineation of the relationship of the renderings of the proposal in relation to adjacent structures or surrounding lands may be requested. Architectural drawings and certifications may be waived in appropriate cases at the discretion of the Planning Board, Board of Adjustment or Historic Preservation Commission where the nature of the site plan approval is such as to be deemed not to require the expense of the same.
(b) 
A statement of the relationship of the proposed work to the standards for landmark designation and for Pinelands designation, if applicable, and the standards for approval of certificates of appropriateness.
(c) 
In the event the requested certificate of appropriateness, if issued, would permit the demolition or relocation of a landmark or Pinelands-designated site, a detailed analysis of the economic feasibility of maintaining the structure in its present form, including: the amount paid for the property; the date of purchase; the current assessed value of the lands and improvements; real estate taxes for the previous two years; the annual debt service, if any, for the previous two years; gross income from the property for the previous two years; and annual cash flow, if any.
(d) 
A statement of measures to be taken to mitigate any adverse effects of the proposed work on the landmark or Pinelands-designated site, including recording procedures for the site in its present state, if appropriate.
(e) 
If the proposed work involves the disturbance of a designated archaeological site, a statement describing the mitigation program proposed and the qualifications of those professionals who will be conducting data recovery operations.
(f) 
If the proposed work involves a Pinelands-designated site or if it involves development associated with a landmark subject to Pinelands Commission review pursuant to Subsection 10-11.9d of this chapter, evidence that the procedures relating to notification of the Pinelands Commission have been met.
(g) 
Any other information which the Historic Preservation Commission determines is necessary to evaluate the application.
9. 
The approval authority shall make available to the Historic Preservation Commission a copy of all applications for permits governed by Subsection i1 hereof.
10. 
In the event that no permit is otherwise required for an activity governed by Subsection i1 hereof, the applicant shall apply directly to the Planning Board for a certificate of appropriateness and shall provide the information listed in Subsection i8(a) through (g) hereof. The Planning Board shall refer a copy of the application to the Historic Preservation Commission for its review.
11. 
The following standards shall be employed by the Planning Board in determining whether to approve, disapprove or approve with conditions the issuance of a certificate of appropriateness:
(a) 
The Board shall first consider which of the following general treatment prescriptions shall apply:
(1) 
Preservation of the resource in place, if possible;
(2) 
Preservation of the resource at another location if preservation in place is not possible; or
(3) 
Recordation of the resource if neither preservation of the resource in place or at another location is possible.
(b) 
Preservation of the landmark, historic district site or Pinelands-designated site in place is the preferred treatment and shall be required, unless all of the following conditions apply:
(1) 
Continuation of the present use of the resource is not feasible.
(2) 
The resource cannot reasonably be modified for the proposed use.
(3) 
Adaptation of the resource for an alternative use is not feasible.
(4) 
A bona fide offer of sale of the resource for purposes of preservation at the present location has been tendered for a reasonable period without an acceptable response.
(c) 
Preservation of the landmark, historic district site or Pinelands-designated site at another location shall be required if preservation in place is not possible, unless one of the following conditions applies:
(1) 
Relocation of the resource is not feasible because of obstructions or impediments that prevent relocation.
(2) 
No suitable alternative site is available.
(3) 
The condition of the structure precludes its removal to another site.
(4) 
Relocation would not serve to protect those qualities that led to its designation.
(d) 
Thorough and complete recordation of the landmark, historic district site or Pinelands-designated site shall be required if preservation in place and preservation at another location are not possible, unless one of the following conditions applies:
(1) 
The resource has been disturbed, altered or modified to such an extent that recordation will not contribute to an understanding of its historic character or evolution.
(2) 
The information provided by recordation would be redundant.
(e) 
The following requirements shall apply to the treatment alternatives specified above:
(1) 
Preservation in place:
[a] 
Historic buildings and structures, architectural features and engineering features.
[1] 
Deed covenants, easements or other appropriate mechanisms must be developed to provide that any rehabilitation of the building or feature must be performed in accordance with the Secretary of the Interior's Standards for Rehabilitation (36 C.F.R. 67); and the structure or feature must be protected sufficiently to preserve those qualities that make it significant.
[2] 
Before beginning rehabilitation, the original condition of the building or other architectural or engineering feature must be documented photographically in accordance with the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation.
[b] 
Archaeological sites and archaeological remnants associated with historic structures.
[1] 
A deed covenant, easement or other appropriate mechanism must be developed to provide for protection, through restricted access, if necessary, to preserve those qualities that make the resource important. Any on-site activities must have no detrimental effect on the preservation of the resource. The covenant or other appropriate mechanism must further direct that any stabilization of the resource will be carried out in conformance with the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation.
[2] 
The archaeological resource shall be incorporated into open space whenever project designs or land use activities permit.
[3] 
Land allocated for resource preservation may need to be set aside for that single use if the preservation of the resource is not compatible with other activities.
[c] 
Alterations or additions to historic structures, as well as any new construction which is visually related to an historic structure, shall be carried out in such a way as to be compatible with the structure in such aspects as height, scale, massing, proportion, materials and major construction details, including but not limited to, roof shapes and fenestration.
[d] 
Subdivision into two or more lots.
[1] 
Subdivision, for purposes of new construction, shall not be permitted unless the information required in Subsection i9 hereof indicates that the proposed work is consistent with the requirements of this section.
[2] 
Subdivision for purposes other than new construction shall not be subject to the provisions of this chapter.
[e] 
Preservation at Another Location:
[1] 
Deed covenants, easements or other appropriate mechanisms must be developed to provide that any rehabilitation of a building or feature must be performed in accordance with the Secretary of the Interior's Standards for Rehabilitation (36 CFR 67), and the structure or feature must be protected and maintained sufficiently to preserve those qualities that make it significant.
[2] 
The relocation of the resource must be designed to minimize the damage to the resource and to preserve those qualities that make it significant. The relocation shall be undertaken in accordance with the Secretary of the Interior's publication Moving Historic Buildings.
[3] 
The resource shall be recorded to the requirements of the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation prior to removal from its original location. Minimally, this will include the preparation of a site plan, sufficient archaeological investigation to document the resource and any associated features, appropriate photographs and/or drawings and a narrative description of any historic functions or processes carried out at the site.
[4] 
If the relocation site is within an historic district and/or the project will involve new construction or an alteration or addition to the landmark at the new location, the provisions of Subsection 10-6.6ill(e)(1)[c] above shall apply.
[f] 
Recordation. In the event that the proposed work involves the disturbance of an archaeological site or the demolition of or additions or alterations to a building or structure, issuance of a certificate of appropriateness shall be conditioned upon full documentation of the affected resource by a qualified professional according to the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, including the Guidelines for Recovery of Scientific, Prehistoric, Historic and Archaeological Data (36 C.F.R. 66).
12. 
Within 45 days of the receipt of the report of the Historic Preservation Commission as set forth in Subsection i2, the Planning Board shall approve, disapprove or approve with conditions the issuance of a certificate of appropriateness upon determining that the proposed plans are or are not in conformity with this section. All subsequent development approvals shall be issued or denied in a manner consistent with the Certificate of Appropriateness. Failure to act within the forty-five-day period shall be deemed to constitute approval of the issuance of a certificate of appropriateness without conditions.
13. 
Issuance of a certificate of appropriateness shall be deemed to be the final action pursuant to this section subject to the provisions of Subsection il5 hereof. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding revised by any article or ordinance to be made prior to undertaking the action requested concerning the landmark or Pinelands-designated site. A certificate of appropriateness shall be valid for a period of two years.
14. 
Denial of a certificate of appropriateness shall be deemed to be a final action pursuant to this section and shall preclude the applicant from understanding the activity applied for concerning the landmark or Pinelands-designated site.
15. 
Any certificate of appropriateness which is subject to the Pinelands Area review procedures as specified in Subsection i8(f) hereof shall be submitted to the Pinelands Commission for its review pursuant to Subsection 10-11.9d hereof. No such certificate of appropriateness shall take effect until this review has been completed.
16. 
Notwithstanding any other provision of this section, in any case where the Construction Code Official determines that alterations, remodeling or demolition of a designated structure is necessary to remedy a condition that is dangerous to life, health or safety, a certificate of appropriateness which is required under the provisions of this section may be used with the signature of the Mayor under the following conditions:
(a) 
The certificate of appropriateness shall fully describe and justify the action which is being taken to correct the condition.
(b) 
The action which is being taken shall be the minimum necessary to correct the condition.
(c) 
If the proposed work involves a Pinelands-designated site or if it involves development associated with a landmark subject to Pinelands Commission review pursuant to Subsection 10-11.9d of this chapter, the Construction Code official shall immediately notify the Pinelands Commission of the action being taken and shall, within seven days, provide the Commission with a copy of the certificate of appropriateness.
(d) 
The Certificate of Appropriateness shall require that the standards of this subsection i shall be applied to the extent possible.
17. 
Nothing herein shall be deemed to limit the right of any party to judicial review of a decision by the Planning Board, Board of Adjustment or Historic Preservation Commission on a certificate of appropriateness.
j. 
Interpretive Statement.
1. 
In adopting this Subsection 10.6, it is the intention of the City Council of the City of Estell Manor to create an agency which can administer a system of preservation regulations, based on a rational plan and objective criteria, which will complement the existing land use and Construction Code legislation.[10]
[10]:
Editor's Note: See Sec. 7-1, Uniform Construction Code.
2. 
Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulations.
3. 
In the event of any inconsistencies, ambiguity or overlapping of requirements between this subsection and any other requirement enforced by the municipality, the more restrictive shall apply, to the effect that the state or federal legislation has not preempted the municipality's power to enforce more stringent standards.
[8]:
Editor's Note: Former Subsection 10-6.6, Regulations Applicable to Special Residential Developments in the R-2 and R-3 Residential Zones (Ord. 68-11, § 605; Ord. 79-22), was repealed by Ord. 82-6.
10-6.7. 
Manufactured Homes. Manufactured homes are permitted to the same extent as one-family detached dwellings, subject to the following terms and conditions:
a. 
The manufactured home in question must be a minimum of 22 feet wide, must be on land the title to which is held by the manufactured home owner and must be located on a permanent foundation.
b. 
All regulations applicable to a one-family detached dwelling in the zone in which the manufactured home is located shall apply to said manufactured home.
10-6.8. 
Animals.
a. 
The following animals may be kept in connection with any residential or agricultural use where not raised for commercial purposes: cats, dogs, hamsters, gerbils, caged birds, fish or other usual household pets.
b. 
All farm animals shall be divided into classifications as follows:
1. 
Large animals, including cows, bulls, horses, donkeys and ponies.
2. 
Medium animals, including sheep, goats and pigs.
3. 
Small animals, including chickens, geese, ducks, rabbits and turkeys.
c. 
None of the above commercial animals may be raised on any tract consisting of less than one acre.
d. 
On any lot consisting of between one and 2 1/2 acres, one horse or pony may be kept or two medium animals.
e. 
On any lot between 2 1/2 and five acres, two large animals or six medium animals may be kept.
f. 
On any lot between five and 10 acres, four large animals or 12 medium animals for the first five acres, and one additional large animal or three additional medium animals for each additional two acres over five acres.
g. 
Total number of small animals may be kept not to exceed 20 times the number of medium animals, provided that the total number of turkeys shall be subject to the provisions of Section 3-3 of this revision.
h. 
Where a mixture of more than one size animal is kept, 20 small animals shall equal one medium animal, and three medium animals shall equal one large animal. The total number of small, medium and large animals shall not, in using this ratio, exceed the total number of large animals permitted, except for lots of between one and 2 1/2 acres, where no large animals may be kept except horses or ponies.
i. 
Any lot located in the R-25, R-10, R-5 or AP Zones shall be exempt from the above requirements, provided that it is at least 10 acres in size and is properly maintained as set forth under Subsection j below.
j. 
The above provisions allowing the keeping of farm animals are subject to the following provisions:
1. 
All sanitary provisions shall be maintained and all public health codes shall be followed.
2. 
All animals shall be kept at least 50 feet from the edge of the road and at least 25 feet from side property lines.
3. 
All animals shall be properly contained within a fenced-in area. No ground tying shall be permitted.
4. 
The total fenced-in area, referred to in Subsection j3 herein, shall be the sum total of the following:
(a) 
Each large animal, 4,000 square feet.
(b) 
Each medium animal, 1,333 square feet.
(c) 
Each small animal, 66.65 square feet.
Separate fencing shall not be required for each animal.
5. 
Adequate shelter shall be provided for each animal.
6. 
In calculating the average above, only usable acreage can be included, which would be that portion of the property which, in its then present state, can be used for the raising of the animals in question. That portion of the premises devoted to residential use or wooded areas shall be excluded.
7. 
Buildings necessary to any use permitted in this section shall be permitted, including barns, stables and chicken coops or similar buildings. Except for farms in R-25, R-10, R-5, RV and AP Zones, no such building may exceed in square feet the living area of the dwelling house erected on that property.
8. 
The total number of pigs shall not exceed 12 on any one property, notwithstanding the above provisions.
k. 
This section shall not authorize the raising of any animals not normally raised on a farm. The raising of rare or exotic nonfarm animals for commercial purposes shall be prohibited.

10-7 General Regulations.

Except as hereinafter provided, the following general regulations shall apply in all zones.
10-7.1. 
General. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the Schedule of Area, Yard and Bulk Requirements; nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space and all other regulations designated in the revised schedule and this chapter for the zone district in which the building or space is located. In the event of any such unlawful encroachment or reduction, the building or use shall be deemed to be in violation of this chapter, and the building permit and all other permits shall become void. No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management and recreational development on agricultural lands.
10-7.2. 
Frontage on Public Street. Every principal building shall be built upon a lot with frontage on a public street which has been improved to meet the approval of the city standards or for which the improvement has been insured by the posting of a performance guaranty pursuant to the provisions of the Land Subdivision Chapter.
10-7.3. 
Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot width specified in the schedule shall be measured at the rear line of the required front yard area, provided that in no case shall the frontage or the distance between side lot lines be reduced to less than 50% of the minimum frontage requirement.
10-7.4. 
Principal Building. No residential lot shall have erected upon it more than one principal building, and no yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
10-7.5. 
Yards. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirement for the zone in which it is located, except that in the case of corner lots in RV Village Residence Zones and R-5 Residence Zones, the minimum front yard requirement for that portion of the lot in question facing on the street having the larger frontage shall be 100 feet.
10-7.6. 
Hedge, Fence or Wall at Intersection of Streets. At the intersection of two or more streets, no hedge, fence or wall, other than a single post or tree not exceeding one square foot in cross section, which is higher than three feet above curb level, nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining points each 25 feet distant from the intersection along the street lines.
10-7.7. 
Artificial Lights. No artificial lights shall be used by any building or premises which, because of intensity, location, color or any other factor, disturb the comfort, health or safety of those residing, working or using public property, including streets within the range of the lights.
10-7.8. 
Conflict With Master Plan or Official Map. Where a building lot has frontage upon a street which on the Master Plan or Official Map of the city is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
10-7.9. 
Accessory Structures.
a. 
No accessory structure shall be closer to any principal building than a distance equal to the height of the building unless it is attached to and is part of the principal building.
b. 
No accessory structure shall exceed a height of 16 feet in residential areas. Defined height for accessory structures only, shall be measured as follows: the vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line for mansard roofs. Any roof that has a gable end, shall be measured to the center of the gable end, that center of a gable end is known to be the "mean height line." This same measurement practice will be used for hip and gambrel type roofs as well. The formula used to find the mean height line on a gable end is defined as follows: measure from the bottom of the eave, to the top of the roof ridge, and then divide that measurement in half. This divided measurement is the mean height line. Then add the wall height (from grade to top of the wall) to the mean height line measurement. This will be the total measurement for finished roof height. No accessory structures shall have more than one story. This subsection was drafted for residential zoned areas only, with no Commercial and/or Business use allowed. Should the Zoning Officer find that such applicant has misrepresented their use, for the purpose of commercial use, or a business, the applicant and/or the owner of said property shall be fined a fee of $100 per day, until said building is removed or dismantled with the Zoning Officer's complete inspection and his report is submitted to this Planning and Zoning Board for its review of satisfactory completion, and to be in compliance with this chapter.
[Amended 3-13-2007 by Ord. No. 04-2007; 6-6-2007 by Ord. No. 11-2007]
c. 
No accessory structure shall be located in a required front yard.
d. 
Patios and unroofed porches may extend into side and rear yards to a point not less than 10 feet from the lot line.
e. 
No accessory building shall be used for residence purposes, except for a chauffeur or gardener or for housing servants of the family and where there are more than two living rooms therein; and such building shall be at least 25 feet distant from any lot line.
10-7.10. 
Prohibited Uses. Any use not specifically permitted in a zone established by this chapter is hereby specifically prohibited from that zone; and the following uses and activities are specifically prohibited in any zone in the City.
a. 
Any use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.
b. 
Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products.
c. 
Any trade, industry or purpose that is noxious or offensive by reason of emission of odor, dust, smoke, gas or noise. The standards of the Air Pollution Control Commission of New Jersey shall be the enforcement standard for this provision.
d. 
Residential structures without permanent foundations or without permanent connection to utilities.
e. 
The use of a lot in any zone primarily for the storage of bulk oil or gasoline above the ground.
f. 
The business of selling defunct or junked motor vehicles or parts or used lumber or building material or the storage thereof.
g. 
Junkyards, automobile wrecking yards or disassembly yards, motor vehicle salvage operations or the sorting or bailing of scrap metal, paper, rags or other scrap material.
h. 
The manufacture of explosives, volatile chemicals or any uses which would produce a similar hazard or nuisance, such as but not limited to the following industrial uses: abattoir; acetylene gas manufacture and/or storage; acid manufacture, hydrochloric, nitric, acrid, sulfuric, sultonous or carbolic; ammonia, bleaching powder or chlorine manufacture; arsenal; asphalt manufacture or refining; blast furnace; celluloid manufacture; lime gypsum, plaster of paris manufacture: coal distillation; coke ovens; creosote treatment or manufacture; dead animal and offal reduction; distillation of bones, coal, petroleum, refuse grain or wood; distillation of tar; explosives, fireworks and gunpowder manufacture or storage; fat rendering; fertilizer manufacture; forge plant, incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal; oil cloth or linoleum manufacture; ore reduction; petroleum or kerosene refining, distillation or derivation of by-products and/or storage; potash works; rolling mill; steel furnace; blooming mill; stockyards; rubber treatment or reclaiming plant; the use of any premises or building in such a manner that the health, morals, safety or welfare of the community may be endangered; signs or similar devices which move or have moving parts or moving lights or any light or part simulating movement.
The provisions of Section 4-6 of this Code shall be applied only to nonconforming uses requiring license thereunder and shall not be construed as permitting any of the uses required to be licensed thereunder.
10-7.11. 
General Modifications. The following modifications to the requirements of this chapter are permitted under the terms and specifications herein stated.
a. 
Height. The height limitations of this chapter shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. The height limitations of this chapter shall also not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met. The structures enumerated above as exempt from the height limitations shall, however, be erected only to such height as is necessary to accomplish the purposes they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limitation no more than five feet.
b. 
Projection. Chimneys, cornices or eaves may project into any front, side or rear yard not more than 24 inches, provided that the total area of the projection does not exceed nine square feet. An open or lattice-enclosed fire escape or fireproof outside stairway may project into any yard not more than 25% of the distance from the building wall to the lot line. There shall be no other projections into yards of more than four feet. Under no circumstances shall any projection be closer to any lot line than two feet in any residential zone.
c. 
Undersized Lots of Record. Any parcel of land, other than in an SD Zone, with an area or width less than that prescribed for a lot in the zone in which said lot is located may be used as a lot for any purpose in the zone in which said lot is located, provided that a conditional use permit be obtained for the same and that the following conditions are met.
1. 
The parcel was not in common ownership with a contiguous parcel on February 7, 1979, unless said parcel was included in a subdivision approved by the Pinelands Commission after said date, as well as by the approval agency of the City of Estell Manor having jurisdiction of the same, provided that all conditions attached to said subdivision approvals have been met.
2. 
Any owner of two or more contiguous parcels of land whose total area or width is less than that prescribed for a lot in the zone in which said lot is located may elect to treat all of the contiguous parcels as one parcel for purposes of this section.
3. 
The minimum area requirements for such lot shall be one acre of lot size and 150 feet of lot width.
4. 
The minimum side yard area for any building shall be no less than 20 feet.
5. 
To qualify as an undersized lot of record under this subsection, in addition to meeting the above requirements, said lot must have been included in a subdivision plat which was either:
(a) 
Duly approved by the approval agency having authority to approve the same, provided that all conditions of approval have been met and that all instruments required to be recorded in the office of the County Clerk have been so recorded within the time provided by the law then in effect; provided, however, that, in the case of any major subdivision which was given preliminary approval prior to the effective date of Ordinance No. 82-6, the parcel included in said subdivision meeting all other requirements set forth above shall qualify under this section if final approval is received within three years from the date of preliminary approval, and said final approval is duly recorded in the office of the County Clerk within the time required by law; or
(b) 
Said parcel was included in a subdivision plat which was approved under the Municipal Planning Act of 1953 prior to December 30, 1968, but subsequent to January 1, 1954 (the effective date of the Act); or
(c) 
The records of the City of Estell Manor indicate that said parcel was in existence as the result of a subdivision which had legally been approved prior to January 1, 1954.
6. 
The front yard shall be as close to 200 feet as practicable, taking into consideration the depth of the lot in question.
7. 
To the extent practicable, the requirements of the Schedule of Area, Yard and Bulk Requirements for the use in question and for the zone in question shall be adhered to.
d. 
Ratio of Lot Width to Lot Depth. No new lot exceeding 900 feet in depth shall be created by subdivision of a lot existing on November 26, 1974, in which the lot depth is more than four times the lot width.
e. 
Density Transfer Program. Single-family dwellings on lots of at least one acre existing as of January 14, 1981, shall be permitted in the SD, R-5 and R-10 Zones, provided that:
1. 
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least the following:
(a) 
Three and 3.2 acres if development is proposed in the SD Zone and all acquired noncontiguous lands are also located in the SD Zone.
(b) 
Four and 4.5 acres if development is proposed in the SD Zone and all acquired noncontiguous lands are located in the R-5 Zone.
(c) 
Eight acres if development is proposed in the SD Zone and all acquired noncontiguous lands are located in the R-10 Zone.
(d) 
Eighteen acres if development is proposed in the SD Zone and all required noncontiguous lands are located in the R-25 or C Zones.
(e) 
Five acres if development is proposed in the R-5 Zone and all acquired noncontiguous lands are also located in the R-5 Zone.
(f) 
Nine acres if development is proposed in the R-5 Zone and all acquired noncontiguous lands are located in the R-10 Zone.
(g) 
Twenty-one acres if development is proposed in the R-5 Zone and all required noncontiguous lands are located in the R-25 or C Zones.
(h) 
Ten acres if development is proposed in the R-10 Zone and all acquired noncontiguous lands are also located in the R-10 Zone.
(i) 
Twenty-four acres if development is proposed in the R-10 Zone and all acquired noncontiguous lands are located in the R-25 or C Zones.
(j) 
If the required noncontiguous lands are in more than one zone, the minimum number of acres required for the zone requiring the higher acreage shall apply.
2. 
If development is proposed in the SD Zone, all lands acquired pursuant to Subsection 10-7.11e1 above, which may or may not be developable, are located within the SD, R-5, R-10, C or R-25 Zones.
3. 
If development is proposed in the R-5 Zone, all lands acquired pursuant to Subsection 10-7.11e1 above, which may or may not be developable, are located within the R-5, R-10, C or R-25 Zones.
4. 
If development is proposed in the R-10 Zone, all lands acquired pursuant to Subsection 10-7.11e1 above, which may or may not be developable, are located within the R-10, C or R-25 Zones.
5. 
All noncontiguous lands acquired pursuant to Subsection 10-7.11e1 through 4 above are permanently dedicated as open space through recordation of a deed to the property with no further development permitted except agriculture, forestry and low-intensity recreational uses. Any such deed restriction shall be in a form to be approved by the City Solicitor and the Pinelands Commission.
6. 
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed with a nominal value to be assigned to the land not be developed.
7. 
The lot proposed for development otherwise meets the minimum standards of Subsection 10-8.5 of this chapter.
8. 
Both parcels of land shall be maintained as a combined unit in accordance with all applicable laws and ordinances. Any violation on one parcel shall be considered a violation regarding all applicable parcels. Specifically, all parcels must adhere to the provisions of Subsections 3-1.3 through 3-1.6 of the City of Estell Manor Ordinances, but this subsection shall not be limited to these enumerated provisions.
10-7.12. 
Construction Trailers.
a. 
Permits for construction trailers, as defined in Subsection 4-5.1, shall be issued by the Zoning Officer, shall be valid for a period of six months from the date of issuance and shall be renewable for a like period of time. A fee of $50 shall be charged for each six-month period. This shall be in addition to any other fees which may be required under the provisions of Subsection 9-5.7.
b. 
No construction trailer permit shall be issued by the Zoning Officer unless a building permit for the land on which the construction trailer is to be located has been issued.
c. 
Construction trailers shall be removed within 60 days after issuance of a certificate of occupancy for the building for which the building permit referred to herein was issued or the date of revocation of such building permit.
d. 
A fine not exceeding $100 shall be imposed for violations of this subsection. Each day of violation shall be considered a separate offense.
10-7.13. 
Inland and Coastal Wetlands. The purpose and intent of this section is to prevent excessive and unsafe development in areas deemed inappropriate for such development by reason of flood danger and related conditions and hazards; to minimize danger to public health by protecting the water supply, recharge areas and natural drainage systems; and to promote the health, safety and welfare of the city's residents and property owners in and near beds and other areas subject to flooding. It is recognized that coastal and inland wetlands constitute a vital element of the ecological character of the city and the Pinelands and provide habitats for certain threatened and endangered plant and animal species and play many other important roles, including the maintenance of surface and ground water quality. The following regulations shall apply in order to accomplish these aims:
a. 
Flood Hazard Areas. There are hereby designated within the city flood hazard areas composed of those portions of coastal and inland wetlands which are within the one-hundred-year floodplain as defined by the United States Department of Housing and Urban Development, Flood Insurance Administration, the boundary of which is delineated on the map made a part of this chapter and referred to as the "Flood Hazard Map."[1] The areas within such boundaries shall constitute the FH Flood Hazard Zone and shall be subject to the uses enumerated for said zone under Subsection 10-6.4b above.
[1]:
Editor's Note: Said Flood Hazard Map is on file in the office of the City Clerk.
b. 
Performance Standards for Development in Flood Hazard Area Outside Wetlands. Any development carried out in the portion of the Flood Hazard Zone which is outside the wetlands shall be as a conditional use, provided that the requirements of Subsection 10-9.13 are met.
c. 
Wetlands Transitional Areas. Outside the flood hazard area, but within the area classified as coastal or inland wetlands by N.J.A.C. 7:50, the uses shall be limited to those permitted in an FH Flood Hazard Zone, in addition to accessory structures or buildings not exceeding 150 square feet of floor area and subject to the provisions of Subsection 10-9.14 of this chapter.
d. 
Performance Standards for Development in and Near Wetlands. No development in the Pinelands Area shall be carried out in a wetland or within 300 feet of a wetland unless the applicant obtains a conditional use permit under the provisions of Subsection 10-9.14.
e. 
Allocated Densities in Wetlands. All coastal and inland wetlands located outside the flood hazard area shall have a residential density equivalent to 2/5 of the density of the zone containing such wetlands.
10-7.14. 
Registration and Transfer of Pinelands Development Credits.
a. 
Registration of Pinelands Development Credits. Any person receiving Pinelands development credits shall, within 10 days of being issued a certificate for the same by the New Jersey Pinelands Development Bank, register the Pinelands development credits with the Clerk of the City of Estell Manor. Said registration shall consist of supplying the Clerk of the City of Estell Manor with a copy of the Pinelands development credit certificate as well as the street address and tax lot and block number of each parcel affected by the Pinelands development credit certificate. A fee of $25 shall be charged for each Pinelands development credit certificate so registered.
b. 
Clerk to Notify Planning Board and Zoning Board. The Clerk of the City of Estell Manor shall, immediately following said registration of Pinelands development credits, notify the Secretaries of the Zoning Board and the Planning Board of the registration of the same and shall include in said notification the street address and lot and block number of each parcel included in the certificate.
c. 
Transfer of the Pinelands Development Credits. In each case where Pinelands development credits which have been registered with the Clerk of the City of Estell Manor are transferred, the City Clerk shall be immediately notified by the purchaser of said purchase, and the Clerk shall note the same on the register, advising the Secretaries of the Zoning Board and the Planning Board of the transfer of said credits. Said credits shall no longer be available for transfer until such time as a certificate to the contrary is issued by the New Jersey Pinelands Development Bank.
d. 
Registration of Pinelands Development Credits Emanating from Lands Outside Estell Manor. Whenever a person or firm is authorized to purchase Pinelands development credits emanating from premises not located within the City of Estell Manor, notice of said transfer shall be forwarded to the Clerk of the City of Estell Manor within 10 days of the same. The Clerk of the City of Estell Manor shall note such transfers on the register of Pinelands development credits, including the location, tax lot and block, municipality and county of the premises from which said Pinelands development credits are generated. A copy of said notification shall be sent by the Clerk of the City of Estell Manor to the Secretaries of the Planning Board and the Zoning Board. A fee of $25 shall be charged for said registration.
e. 
Notification of Pinelands Development Credits Emanating from Premises Located Within Estell Manor for Use with Lands Located Outside City. Whenever a person or firm shall transfer Pinelands development credits emanating from premises located within the City of Estell Manor, but for utilization for premises located outside the boundaries of the City of Estell Manor, notice of said transfer shall be forwarded to the Clerk of the City of Estell Manor within 10 days of the same. The Clerk of the City of Estell Manor shall note such transfers on the register of Pinelands development credits, including the location, tax lot and block, municipality and county of the premises to which said Pinelands developments credits are transferred. A copy of said notification shall be sent by the Clerk of the City of Estell Manor to the Secretaries of the Planning Board and the Zoning Board. A fee of $25 shall be charged for said registration.
10-7.15. 
Authority of Zoning Officer to Allow Special Barrier-Free Access for Disabled Persons. A special barrier-free access shall be permitted to a residential dwelling to exceed the requirements, maximum limitations or minimum limitations of the Schedule of Area, Yard and Bulk Requirements, provided that:
a. 
The Zoning Officer be presented with documentation in the form of a doctor's certification that at least a single identified individual residing in that dwelling requires special barrier-free access and approval of the Zoning Officer for same.
b. 
The special barrier-free access is located and constructed in the least obtrusive manner possible and built in accordance with the Uniform Construction Code.

10-8 Special Regulations.

10-8.1. 
Sign Regulations.
a. 
General Regulations. Signs may be erected, altered, maintained, used, removed or moved only in accordance with the regulations set forth below, regardless of where located. These general regulations shall apply to all signs within the City of Estell Manor, but nothing contained in this subsection shall be constructed as permitting any particular sign otherwise prohibited within the city or within any zone or zones:
1. 
No sign shall be permitted which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, other than warning or safety signs.
2. 
No sign shall be erected or maintained on any lot or on any building, structure or other improvement erected or maintained thereon, unless the message on the sign directly relates to the use of said lot, tract or parcel, with the exception of those set forth in Subsection b1.
3. 
No sign shall be placed in a way that impedes or interferes in any way with the operation of a traffic light, traffic directional signal or general traffic visibility.
4. 
Banners, flags, pennants, tents and similar blank devices are prohibited, except upon the occasion of the opening of a new business use or for special sale events or promotions but said banners, pennants or flags shall not be displayed for more than 14 consecutive days nor more than 56 days in any calendar year. Once banners, pennants or flags utilized in connection with the opening of a new business use or special sale or promotion have been removed, such devices may not be again displayed on the premises in question for a period of at least 30 consecutive days, and such displays shall not be made more than four times in any calendar year.
5. 
No sign shall be attached, affixed or painted on any tree, fence, rock, curb, walk, hydrant, bench or bridge except for signs warning of any hazard, "no-trespassing" signs and political signs as defined in Subsection g1(d) below.
6. 
No billboard or billboard-type signs shall be erected or maintained.
7. 
No vehicle shall be regularly parked, stopped or located in such a manner as to be used as or considered to be a sign. Any other sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, vehicle or is on wheels or is otherwise attached so that the sign may be moved from place to place, either within the lot upon which it is located or to another lot, is prohibited.
8. 
To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands. All signs shall be of sound construction and shall be permanently affixed to the ground or building in such a manner so as to conform to the New Jersey Uniform Construction Code.
9. 
In addition to the requirements imposed by this chapter, all signs shall meet all applicable state regulations, including but not limited to those set forth in the Roadside Sign Control and Outdoor Advertising Act (N.J.S.A. 27:5-5 et seq.). To the extent that the regulations imposed by the State of New Jersey or any of its agencies are more restrictive than those set forth in this chapter, the more restrictive regulations shall apply. Compliance with this chapter does not in any respect substitute for compliance with the state law; rather, all signs must meet with the more restrictive of the regulations set forth in this chapter and those set forth by the Laws of the State of New Jersey.
b. 
Exceptions. The regulations set forth in Subsection a shall be subject to the following exceptions:
1. 
The same shall not apply to any sign or directional device erected or maintained by any governmental body or agency.
2. 
In the case of permitted commercial and industrial uses, said regulations shall not apply to parking lot markers, directional or entrance and exit signs erected on the premises, provided that the sign does not exceed two square feet in area, and that the number and location of the signs have been approved either as part of a site plan application or otherwise by the Planning Board, and that no such sign contains any advertising matter.
3. 
Off-site directional signs are permitted, provided that the sign does not exceed six square feet in area, that the information on the sign includes no more than a directional arrow, the name of the establishment in question and the distance of that establishment to the sign location, and provided further that only one such sign may be erected or maintained on each street, road or highway serving said establishment.
c. 
Maintenance. All signs shall be periodically maintained by their owners, which maintenance shall include painting, repairing and cleaning as necessary. Any sign that falls into a state of disrepair, so that the same is no longer functional, visible or dangerous to the safety of others, or which is peeling or contains missing letters shall cause to be repaired by the owner of said sign.
d. 
Sign Content. Except for off-premises directional signs as limited herein, all signs, other than temporary signs, shall indicate only the principal name of the establishment, proprietor or owner and a brief description of the principal goods or services or use thereof and a logo or trademark by which the business or owner may be identified.
e. 
Discontinued Uses. All signs which identify an establishment or business which is no longer in existence or operation shall be removed within 60 days from the date said operation or establishment of business ceases to exist or operate. In the event that said sign is not removed within said time, the City Council may proceed under the provisions of Subsection i3 hereunder.
f. 
Illuminated Signs. Where permitted, illuminated signs shall be arranged so that no light or glare is directed or reflected to adjoining lots or streets or into residential windows. Any beam or beacon emanating from a sign whose sole source of artificial illumination is outside the display portion of the sign shall be directed downwards whenever feasible and shall be shielded to prevent spillage off the lot or onto streets, parking and driveway areas.
g. 
Signs Permitted in All Zones. The following types of signs shall be permitted in all zones, subject to the regulations set forth below and elsewhere in this section:
1. 
Temporary Signs. Temporary signs, which shall not be illuminated, are permitted only for the following purposes. Said signs shall be erected or placed so as not to obstruct or obscure visibility at corners or intersections or otherwise cause a traffic safety hazard. Temporary signs are also subject to the regulations set forth herein for the type of sign in question.
(a) 
Temporary signs advertising events, such as fairs, bazaars, auctions, garage sales or other special activities of a similar nature, shall be permitted. Such signs may not be posted more than one month prior to the event being advertised and must be removed within 10 days following the conclusion of the event.
(b) 
Window signs are permitted on the premises of a business or a commercial use, provided that the same relate to the business or commercial activity conducted on the premises.
(c) 
One temporary sign shall be permitted pertaining to the lease, rental or sale of the lot or building upon which the same is erected or maintained, provided that the sign is placed at least five feet inside the property line, and that it shall not exceed six square feet in area, except in the HC Highway Commercial Zone, in which zone it shall not exceed 12 square feet in area. All signs erected or maintained under this subsection shall be removed within seven days following closing or settlement on said property or the execution of a lease for same.
(d) 
Political signs, which are signs endorsing a candidate for public office or a position on a public question to be voted upon in an upcoming election shall be permitted, provided that the same are removed within seven days after the election in question has taken place, except that in the case of a successful candidate in a primary election, the sign may be permitted to remain on the premises until seven days after the general election which follows.
(e) 
No temporary sign advertising a mechanic, contractor, artisan or tradesman shall be permitted under this section.
2. 
Historical Signs. Notwithstanding anything in this chapter to the contrary, signs on structures of historical significance for historical informational purposes are permitted, provided that the information set forth on said signs is limited to one or more of the following items: the name of the original or historic inhabitant or builder, date of construction of the structure and/or historical significance of the structure. Historical signs shall not exceed two square feet in area, and there shall be no more than one historical sign on the premises.
3. 
Signs for Nonprofit Institutions. Notwithstanding the sign standards for the zone in which the property is located, any property used for a church, school, lodge, club, veterans' organization or similar use which is organized and operated not for profit pursuant to Title 15 of the Revised Statutes of the State of New Jersey may have one sign per street frontage identifying the use by name. Said sign may be freestanding or attached and may contain such messages as those describing upcoming events, times of service or meetings and inspirational messages. The maximum size of a freestanding sign shall be 15 square feet, with a maximum height of 10 feet. No such sign shall be erected or displayed within five feet of any property line. An attached sign may not exceed 10% of the wall surface area of the wall on which said sign is placed.
4. 
Warning Signs. Signs warning of any danger, as well as prohibiting trespassing, fishing or hunting, may be erected in all zones.
h. 
Signs Restricted to Particular Uses or Particular Zones. The following regulations shall apply to signs in the following zones:
1. 
Residential Signs. The following signs may be used in connection with a residence which is a permitted or valid nonconforming use in any zone:
(a) 
One attached or freestanding residential nameplate sign situated within the property line and not to exceed 150 square inches shall be allowed.
(b) 
One attached or freestanding sign indicating a permitted home occupation may be permitted, provided that such sign does not exceed 200 square inches in size and that it contains no advertising.
2. 
Highway Commercial Zones. The following regulations shall apply in the HC Highway Commercial Zones only:
(a) 
One sign which relates to the business being conducted on the premises and which does not exceed an area equal to 15% of the area of the facade may be placed or inscribed upon the front facade of the building, provided that it shall not project outward more than 12 inches from the facade or extend above the uppermost edge of the facade.
(b) 
One freestanding sign relating to the business being conducted on the premises and which does not exceed 32 square feet on any one side shall be permitted. The sign shall not be located closer than 10 feet to any property line.
(c) 
If there is one business or use on the lot, the business may elect to use two attached signs and no freestanding sign.
(d) 
A roof sign may be used in place of the permitted attached sign if the owner of the building can demonstrate that there is no other location on the building where the legal attached sign can be located. The size of the roof sign may not exceed the size requirements set forth below, nor shall it exceed 10 feet in height in any event.
(e) 
The size of permitted freestanding signs shall not exceed 24 square feet or a height of 25 feet.
(f) 
Permitted signs may be illuminated either from the interior or exterior, but not both, and shall be subject to the limitations of Subsection 10-8.1f herein.
(g) 
Motor vehicle service stations and tire and battery sales outlets are subject to the provisions of Subsection 10-9-.8j.
3. 
Signs Permitted for Business and Industrial Uses. The following regulations shall apply to signs for business and industrial uses in zones other than the HC Highway Commercial Zones:
(a) 
One sign which relates to the business being conducted on the premises and which does not exceed an area equal to 15% of the area of the facade may be placed or inscribed upon the front facade of the building, provided that it shall not project outward more than 12 inches from the facade or extend above the uppermost edge of the facade.
(b) 
One freestanding sign relating to the business being conducted on the premises and which does not exceed 32 square feet on any one side shall be permitted. The sign may be illuminated but shall not be located closer than 10 feet to any property line.
i. 
Sign Permits and Approval.
1. 
Sign Permit Required. It shall be unlawful to erect, alter, maintain, relocate, reconstruct or change in any manner by rewording or otherwise have a sign within the City of Estell Manor, except those exempted under Subsection i2 hereunder, without first making application for and obtaining a permit for same from the Zoning Officer, which said permit shall be in addition to any other licenses or permits which may be required for the premises in question. A person seeking such permit shall follow the following procedure:
(a) 
Application shall be made to the Zoning Officer in such form as may be required by him, showing the location of the sign in question, the size of the sign, the materials of which it is to be constructed, the nature of the illumination, if any, including the brightness of the same, and the height of the sign above the ground. Information regarding the exact location of signs to be attached to a building or structure should also be given. Except in the case of announcement-type signs with movable letters, the size and content of all wording on said sign shall be included.
(b) 
The application shall be accompanied by a fee of $10, and, in addition, there shall be an additional $5 charged for each square foot of sign relating to business or commercial uses. This provision shall not apply to noncommercial signs. This fee shall be in addition to any fees required by § 9-5.7.
2. 
The following types of signs do not require a sign permit, nor shall a fee be charged for the same:
(a) 
Signs for residential uses, as set forth under Subsection h1 above.
(b) 
Signs erected by a governmental agency.
(c) 
Warning signs, such as "no-trespassing," "no-fishing" or "no-hunting" signs.
(d) 
Temporary signs as permitted by Subsection g above, including political signs.
3. 
Notification. If at any time any sign is in violation of the provisions of this Code or constitutes a menace to the health, safety, morals or general welfare of the community, it shall notify the record owner and beneficial user of the premises on which the sign is located by serving a written notice upon him, together with a written notice of demand that the condition be remedied within 10 days from the receipt of said notice and demand. Said notice shall be deemed to be served when served to the last known address of said record owner and/or beneficial user and, if said address cannot be located, if sent to the address listed for the owner of the property in question on the tax lists of the city. If the condition is not so remedied within the time in question, the City Council may undertake necessary steps to rectify the same; in which case, all costs incident to the efforts may be assessed against the premises in question in the same manner as a special assessment and shall constitute a lien against the property on which said sign is erected or maintained as such.
j. 
Nonconforming Signs. The following provisions are intended to either eliminate or bring into conformity all existing signs that do not conform to this chapter:
1. 
Any sign located within the city which does not conform to the provisions of this chapter, but did conform to the applicable laws and ordinances relating to signs at the time it was erected, shall be deemed a nonconforming sign and may continue its use until said sign loses its nonconforming status as defined below.
2. 
A nonconforming sign shall immediately lose its nonconforming status if a sign is altered in any way in structure or size, if the sign is replaced or if it is completely destroyed. Upon the occurrence of any one of the events described in this subsection, the sign shall immediately be brought into compliance with this chapter or removed. The replacement or repair of any sign losing its nonconforming status shall be subject to all provisions of this Subsection 10-8.1, including the requirement for a permit, if applicable.
3. 
Periodic maintenance, as required herein, shall not be considered an alteration resulting in the loss of a sign's nonconforming status.
4. 
Nothing contained in this Subsection 10-8.1j shall prevent the Pinelands Commission from requiring the removal of any sign that is not then in compliance with the terms of this Subsection 10-8.1. regulating signs, or any other section of the Revised General Ordinances of the City of Estell Manor, as the same may have hereafter been amended, by January 14, 1991.
10-8.2. 
Buffering and Screening.
a. 
Buffer Strip.
1. 
Where specified, a buffer strip shall be provided along the side and rear property lines so as to provide protection to adjacent properties. Buffer strips shall be free from structures, accessory buildings, signs, driveways, parking areas, outdoor storage areas, recreation facilities or other active uses.
2. 
Buffer strips shall be attractively planted with trees, shrubs, plants and grass lawns of species approved by the Planning Board and in accordance with approved site plans.
b. 
Screening. Where specified, screening shall be provided with buffer strips so as to provide a visual or partial acoustical barrier to conceal the view or sounds of various utilitarian operations and uses from the street or adjacent properties. Screening may consist of the following:
1. 
A solid masonry wall not less than five feet six inches above ground level.
2. 
A solid fencing uniformly painted or of a naturally durable material, such as cedar, cypress or redwood, not less than six feet above ground level and open to the ground to a height of not more than four inches above ground level.
3. 
Dense hedges of shrubbery or evergreens planted at 30 inches on center in a single row or at five feet on center in two staggered rows. Evergreens or shrubs shall be a minimum of four feet above ground level at the time of planting and maintained at a minimum of six feet above ground level after reaching maturity. The composition of such plantings shall be subject to Subsection 10-8.5a of this chapter.
10-8.3. 
Off-Street Parking.
a. 
General Provisions. Off-street parking spaces, open air or indoor, shall be provided with all new construction or the creation of new uses as specified in this chapter, on the same lot as the use which they are intended to service, except as provided under Subsection 10-8.3b, and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the use it serves is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways shall be surfaced with a dustless, durable, all-weather surface, clearly marked for car spaces, except when provided in connection with one-family residences, and shall be adequately drained and subject to the approval of the City Engineer. The provision of off-street parking, in accordance with the standards of this section, shall accompany any rebuilding, reconstruction, alteration or remodeling insofar as possible and reasonable without increasing the degree of amount of nonconformance with this chapter existing December 30, 1968.
1. 
The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned by one or more of the collective users.
2. 
All parking areas and appurtenant passageways and driveways serving business uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by business users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
3. 
None of the off-street parking facilities that are required in this chapter shall be required for any existing building or use, unless the building or use shall be enlarged, rebuilt, reconstructed, altered or remodeled.
4. 
Access aisles and driveways, including driveways to parking areas, shall be not less than 12 feet in width in all zones. Aisles and driveways within parking areas shall have a minimum width of:
(a) 
For parking at ninety-degree- to sixty-degree-angle parking, 25 feet.
(b) 
For sixty-degree- to forty-five-degree parking, 19 feet.
(c) 
For less than forty-five-degree parking, 17 feet.
(d) 
For parallel parking, 12 feet.
5. 
A site plan shall be filed with the building permit application where off-street parking facilities are required or permitted under the provisions of this chapter in connection with the use or uses for which application is being made. Surfacing, landscaping and the location and design of entrances, exits, marking and lighting shall be subject to the approval of the Planning Board to ensure adequate relation to traffic safety and protection of the adjacent residence area. The Building Inspector shall hereafter issue a building permit, which may be revoked at any time that the aforementioned requirements are not complied with. Any permittee who uses premises to which the permit relates in violation of any of the conditions specified by this section or fixed to such permit shall be deemed in violation of this chapter and shall be subject to the penalties enumerated in Subsections 10-8.1a5 and 10-12.1 and Section 3.6 of this Code.
b. 
Parking Areas in Commercial Zones. Every parcel of land hereafter used as a public or private parking area in a commercial zone shall be developed and maintained in accordance with the following requirements:
1. 
Off-street parking areas shall be effectively screened on any side which adjoins or faces premises situated, in any residence zone district or institutional premises, by a solid, uniformly painted fence or wall not less than four nor more than six feet in height maintained in good condition, provided that, where the adjacent owners agree, in writing, a screening of hedge or other natural landscaping may be substituted for the required fence or wall. No part of any parking area shall be closer than 10 feet to any lot containing any school, hospital or other institutional building unless screened by an unpierced masonry wall.
2. 
Parking areas may be located in any yard space for commercial uses and in any yard but the front yard for other uses, but shall not be closer than 10 feet to any street line or property line.
3. 
Not more than two curb cuts of not less than 20 feet or more than 30 feet in width used as a means of ingress or egress for nonresidential off-street parking areas shall be submitted for each 200 feet of frontage on a public street, nor shall any such curb cut be located closer than 50 feet to the intersection of two public streets.
4. 
Off-street parking areas located in the HC Highway Commercial Zones and which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Planning Board. The shade trees shall be located in a planned manner within the parking lot area in quantity equal to not less than one shade tree for every 10 parking spaces.
5. 
For all commercial and all nonresidential uses in the RV Residential Village and HC Highway Commercial Zones, required parking shall be provided within 150 feet of such use. It shall be measured from the nearest point of the building that such facility is required to serve.
6. 
The provisions of this section may be set by participation in a community parking program designed to serve a larger area, provided that plans for such community parking have been approved by the Planning Board.
c. 
Required Off-Street Parking Space.
1. 
For one-family detached dwellings, two spaces shall be provided for each dwelling unit.
2. 
Barber- and beauty shops, two spaces per chair, plus one additional space for each employee.
3. 
Banks, financial and business offices and professional offices, one parking space for every 150 square feet of building area or major fraction thereof.
4. 
Retail and service stores, except when otherwise specifically covered here, one parking space for every 100 square feet of building area or major fraction thereof.
5. 
For any building, dwelling or structure where more than three persons are sheltered or fed for profit, one space shall be provided for each such person in addition to other spaces which may elsewhere be required.
6. 
Home professional office, three spaces for client use exclusive of spaces required for residential purposes.
7. 
Churches, assembly halls and similar places of public and quasi-public assembly having fixed seating facilities, one parking space for every five seats in the main assembly unit.
8. 
Auditoriums, exhibition halls, assembly halls, community centers and similar places of public and quasi-public assembly not having fixed seating facilities, one parking space for every six persons who may legally be admitted therein at one time under the state fire prevention laws.
9. 
Stores for the retail sale of furniture, appliances, hardware, one parking space for every 400 square feet of building area or major fraction thereof.
10. 
Restaurants and diners (indoor service only), one parking space for every four seats for customers, plus one space for every two employees.
11. 
Drive-in restaurants and coffee shops, one parking space for every 25 square feet of area or major fraction thereof.
12. 
Industrial establishments, one parking space for every 500 square feet of gross floor area of manufacturing or storage area and one parking space for each 200 square feet of gross floor area of office use.
13. 
Other outdoor recreation uses, five parking spaces for each gross acre of land.
14. 
The enumeration of any specific use set forth above shall not be construed as making any such use a legal use in any zone within the city.
d. 
Off-Street Loading and Unloading Provisions.
1. 
For every building, structure or part thereof having over 4,000 square feet of gross floor area erected and occupied for commerce, laundry, dry cleaning, places of public and quasi-public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building structure or addition thereto having a use which complies with the above definition shall be provided with at least one loading space. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet or fraction thereof of gross area in the building.
2. 
Access to truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.
3. 
Loading space as required under this section shall be provided an area in addition to off-street parking space and shall not be considered as supplying off-street parking space.
4. 
The enumeration of any specific use set forth above shall not be construed as making any such use a legal use in any zone within the City.
e. 
Storage of Motor Vehicles. Where otherwise permitted by this Code, except in the case of automobile sales establishments in the HC Highway Commercial Zone, if 10 or more automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot only if such motor vehicles are adequately screened from adjacent residential uses and scenic corridors under Subsection 10-8.2. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
10-8.4. 
Fences and Walls.
a. 
No fence or wall hereafter erected, altered or reconstructed in any zone in the City may exceed three feet in height above the ground level when located within 25 feet of the intersection of two street lines.
b. 
No fence or wall hereafter erected, altered or reconstructed in any residential zone or on lots in any other zone on which residential buildings are erected shall exceed six feet in height above the adjacent ground level when located more than 25 feet from the street line toward which the front entrance of the main building on the property faces.
c. 
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding 15 feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that the wall does not exceed the heights to be measured from the ground level of the highest adjacent grade.
d. 
Every fence or wall shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Building Inspector.
e. 
All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.
f. 
If the Building Inspector, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for the findings and order such fence or wall or portion of such fence or wall repaired or removed within 15 days of the date of the written notice.
g. 
Fences between the lands of adjoining landowners constructed of barbed wire or wire on which barbs or points as strung or fastened shall not be deemed lawful fences unless their erection is consented to by the adjoining owner, and such fences are hereby prohibited without such consent.
[Added 8-2-2006 by Ord. No. 07-2006]
10-8.5. 
Special Development Standards in the Pinelands Area. In addition to the standards set forth in the Revised General Ordinances of the City of Estell Manor, all development in the Pinelands Area of the City shall be also consistent with the goals, policies and objectives of the Pinelands Comprehensive Management Plan and N.J.A.C., Chapter 50. These standards are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter and the Pinelands Protection Act. In the event of a conflict between any provisions, the stricter provision shall apply. All development in the Pinelands Area shall comply with the standards herein set forth, the requirements of Subsection 9-5.6f of the Estell Manor Code, as heretofore or hereafter amended, and all of the provisions of the ordinances of the City of Estell Manor:
a. 
Vegetation and Landscaping. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local population of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27. In addition, the following standards shall apply:
1. 
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
2. 
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(a) 
Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and
(b) 
Revegetate or landscape areas temporarily cleared or disturbed during development activities.
3. 
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection a4 below.
4. 
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection a3 above shall incorporate the following elements:
(a) 
The limits of clearing shall be identified.
(b) 
Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.
(c) 
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.
(d) 
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
(1) 
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(2) 
For limited ornamental purposes around buildings and other structures; or
(3) 
When limited use of other shrubs or tree species is required for proper screening or buffering.
b. 
Fish and Wildlife. No development shall be carried out on the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq., as heretofore or hereafter amended, and unless it avoids disturbance of distinct fish and wildlife habitats that are essential to the continued resting, nesting or eating and feeding of significant populations of fish and wildlife in the Pinelands.
c. 
Forestry. Forestry in the Pinelands Area shall be carried out in accordance with the standards set forth in N.J.A.C. 7:50-6.45; as well as those set forth in Section 4-4 of the Revised Ordinances of the City of Estell Manor.
d. 
Recommended Management Practices for Agriculture. All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
e. 
Waste Management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or other used in the Pinelands Areas. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.
f. 
Water Quality.
1. 
All development shall be designated and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.
2. 
Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.
3. 
No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
4. 
The following point and nonpoint sources may be developed and operated in the Pinelands:
(a) 
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections (b) through (f) below, provided that:
(1) 
There will be no direct discharge into any surface water body.
(2) 
All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.
(3) 
All public wastewater treatment facilities are designed to accept and treat septage.
(4) 
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(b) 
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection f4(a)(2) above, provided that
(1) 
There will be no direct discharge into any surface water body.
(2) 
The facility is designed only to accommodate wastewater from residential, commercial and industrial development existing at the time of the application.
(3) 
Adherence to Subsection f4(a)(2) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees as judged against relevant Federal Environmental Protection Agency guidelines.
(4) 
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
(c) 
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
(1) 
There is no practical alternative available that would adhere to the standards of Subsection f4(a)(1) above.
(2) 
There is no increase in the existing approved capacity of the facility.
(3) 
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
(d) 
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that:
(1) 
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter or authorized by variance.
(2) 
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection f4(d)(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Sections 10-7.11e or 10-8.7.
(3) 
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.
(4) 
The depth to seasonal high water table is at least five feet.
(5) 
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.
(6) 
The system will be maintained and inspected in accordance with the requirements of Subsection f5 below.
(7) 
The technology has been approved for use by the New Jersey Department of Environmental Protection.
(8) 
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(e) 
Individual on-site septic waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the waste water, provided that:
(1) 
The standards set forth in Subsections f4(d)(1) and f4(d)(3) through (8) above are met.
(2) 
If the proposed development is nonresidential, it is located in the RV Zone.
(3) 
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection f4(d)(3) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Section 107.11e or 10-8.7.
(f) 
Surface water runoff, provided that:
(1) 
The total runoff generated from any net increase in impervious surfaces by a ten-year storm of a twenty-four-hour duration shall be retained and infiltrated on-site. Runoff volumes shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, Section 4.
(2) 
The rates of runoff generated from the parcel by a two-year, ten-year and one-hundred-year storm, each of a twenty-four-hour duration, shall not increase as a result of the proposed development. Runoff rates shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, Section 4.
(3) 
Surface water runoff shall not be directed in such a way as to increase the volume and rate of discharge into any surface water body from that which existed prior to development of the parcel.
(4) 
Excessively and somewhat excessively drained soils, as defined by the Soil Conservation Service, should be avoided for recharge of runoff wherever practical.
(5) 
A minimum separation of two feet between the elevation of the lowest point of the bottom of the infiltration or detention facility and the seasonal high water table is met, or a lesser separation when it is demonstrated that the separation, either due to soil conditions or when considered in combination with other stormwater management techniques, is adequate to protect ground water quality.
(6) 
A four-year maintenance guarantee for the entire stormwater management system, including inlets, piping and stormwater storage areas, shall be posted by the developer in a form and amount approved by the City Solicitor. The form and amount of the guarantee shall be sufficient to ensure that in the event of a default on the part of the developer, the City will have available the necessary resources to have the maintenance work completed. In addition, the applicant shall be required to guarantee the availability of sufficient funds for inspection and maintenance for a period of not less than 10 years. Said guarantee shall also be in such form and amount as approved by the City Solicitor. The amount of the guarantee shall be sufficient to ensure that all foreseeable maintenance will be funded in the event of a default on the part of the applicant. In addition to the above, the Planning Board may set forth such other conditions as are reasonable and proper under the circumstances. The inspections provided for under this subsection shall be carried out by the City Engineer, or by some other person or entity to whom he delegates said responsibility. Any required maintenance of the stormwater system shall be the responsibility of the developer or applicant or his, her or its successor in interest.
(g) 
Alternate design pilot program treatment systems, provided that:
[Added 4-2-2003 by Ord. No. 03-03]
(1) 
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter or authorized by variance;
(2) 
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection f4(g)(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Sections 10-7.11.e or 10-8.7;
(3) 
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(4) 
The depth to seasonal high water table is at least five feet;
(5) 
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(6) 
No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;
(7) 
Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
(8) 
Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;
(9) 
The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(10) 
Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time;
(11) 
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection f4(g)(9) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system; and
(12) 
No system shall be installed after August 5, 2007.
5. 
The owner of every on-site septic wastewater treatment facility in the Pinelands Area which was installed pursuant to any construction which received final approval on or after April 1, 1933 shall, as soon as suitable septic disposal facility capacity is available, in accordance with the provisions of Chapter 236 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
(a) 
Have the facility inspected by a qualified technician at least once every five years.
(b) 
Where shown to be necessary by said inspection, have such facility cleaned.
(c) 
Once every five years, submit to the Board of Health serving the City a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and the date of the same and, if cleaned, the name of the person who performed the cleaning and the date of the same.
6. 
The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[1]
[1]:
Editor's Note: See N.J.S.A. 58:10A-21 et seq.
7. 
Interbasin transfer of water between watersheds shall be avoided to the maximum extent practical. Should central sewers be installed, in any area served by them, water-saving devices such as water-saving toilets, showers and sink facilities shall be installed in all new developments. Water shall not be exported from the Pinelands, except as otherwise provided in N.J.S.A. 58:1A-7.1.
g. 
Miscellaneous Regulations Regarding Chemical and Toxic Substances. The following regulations shall apply:
1. 
All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
2. 
Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of any such substances to any surface or ground water or any land:[2]
(a) 
Septic tank cleaners; and
(b) 
Waste oil.
[2]:
Editor's Note: Former Subsection g2, regarding storage, discharge or disposal of hazardous waste, was repealed 7-2-1997 by Ord. No. 97-3. This ordinance also provided for the renumbering of former Subsections g3 and 4 as g2 and 3.
3. 
No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.
h. 
Scenic Quality. The following regulations shall apply:
1. 
(Reserved)[3]
[3]:
Editor's Note: Former Subsection 10-8.5h1, dealing with the Pinelands Area, was repealed 4-5-1989 by Ord. No. 89-4.
2. 
All structures in the Pinelands Area within 1,000 feet of the center line of the Tuckahoe River, Middle River or Egg Harbor River, as designated in N.J.A.C. 7:50-6.105, shall be designated to avoid visual impact as viewed from the river.
3. 
New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.
4. 
Aboveground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses in accordance with Subsection 10-8.5a.
5. 
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
6. 
This Subsection h shall not be construed as amending any of the requirements on the Revised Schedule of Yard, Area and Bulk Requirements. To the contrary, the more stringent requirement of this Subsection h or the Revised Schedule of Yard, Area and Bulk Requirements shall apply.
i. 
Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with 7:50-6.143(a)2 and 6.144(a) 1-3 and with the New Jersey Department of Environmental Protection's publication Administrative Guidelines: Barrier Free Design Standards for Parks and Recreation Facilities.
j. 
Historic Resource Preservation.
1. 
For all resources designated by the Pinelands Commission or by the City Council as historic landmarks pursuant to Subsection 10-6.6g through h hereof, the provisions Subsection 10-6.6i regarding the requirement for a certificate of appropriateness shall apply.
2. 
The requirement for a certificate of appropriateness shall also apply in the same manner and according to the same procedures for any development not otherwise exempted from review pursuant to Subsection 10-11.9a2 of this chapter where a significant resource has been identified pursuant to Subsection j3 below.
3. 
A cultural resource survey shall accompany all applications for development in the RV Village Residence Zone and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
(a) 
This requirement for a survey may be waived by the local approval agency if:
(1) 
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(2) 
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
(3) 
The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection j3(b) below.
(b) 
A resource shall be deemed to be significant if it meets the qualifications for an historic landmark as defined in Section 10-3 hereof.
4. 
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection j3 above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Mayor and City Council pursuant to Subsection 10-6.6h hereof within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
5. 
The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:
(a) 
A narrative description of the resource and its cultural environment;
(b) 
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;
(c) 
A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and
(d) 
A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology, if necessary to elaborate upon the photographic record.
6. 
If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data; Procedures for Notification, Reporting, and Data Recovery (36 CFR 66).
k. 
Fire Management.
1. 
All proposed developments, or units or sections thereof, of 25 dwelling units or more shall have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.
2. 
No development in the Pinelands Area shall be carried out in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in N.J.A.C. 7:50-6.113 unless such development complies with the following standards:
(a) 
All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.
(b) 
The rights-of-way of all roads shall be maintained so that they provide an effective fire break.
(c) 
A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, shrubs and ground cover, as follows:
(1) 
In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:
[a] 
] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] 
All dead plant material is removed.
(2) 
In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:
[a] 
Shrubs, understory trees and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] 
All dead plant material is removed.
(3) 
In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:
[a] 
] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] 
No pine tree (Pinus species) is closer than 25 feet to another pine tree.
[c] 
All dead plant material is removed.
(d) 
All structures shall meet the following specifications:
(1) 
Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.
(2) 
All projections, such as balconies, ducts and roof gables, shall be construed of fire-resistant materials or materials treated with fire-retardant chemicals.
(3) 
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets; and
(4) 
Flat roofs are prohibited in areas where vegetation is higher than the roof.
(e) 
All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a perimeter fuel break of 200 feet between all structures and the forest in which:
(1) 
Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;
(2) 
All dead plant material is removed;
(3) 
Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and
(4) 
There is a specific program for maintenance.
l. 
Air Quality.
1. 
All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq.
2. 
Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in any district in the Pinelands Area shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.
3. 
Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.
m. 
Recommended Management Practices for Agriculture.
1. 
All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
2. 
In the Agricultural Production Zone, a resource conservation plan shall be prepared by the operator of every agricultural use, or the appropriate Soil Conservation District, located in an area which has been designated by an agency of federal, state or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
(a) 
Erosion and runoff: Soil Conservation Service Technical Guide;
(b) 
Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and
(c) 
Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.
3. 
All agricultural operations in the Agricultural Production Zone shall be exempt from any ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health. The provisions of Subsection 10-6.8 of this chapter shall apply, however.
10-8.6. 
Windmills. Windmills shall be designed and located so as to minimize noise and other disturbances to surrounding properties.
10-8.7. 
Pinelands Development Credits.
a. 
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement Subsection b below, every parcel of land in the AP Agricultural Production Zone shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a regional growth area. Pinelands development credits may also be allocated to certain properties in the city by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.01 et seq., as amended or supplemented.
b. 
Pinelands development credits are hereafter established in the AP Agricultural Production Zone at the following ratios:
1. 
Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.
2. 
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.
3. 
Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.
4. 
Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.
5. 
Other wetlands: 0.2 Pinelands development credit per 39 acres.
c. 
The allocations established in Subsection b above shall be reduced as follows:
1. 
Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development entitlement.
2. 
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.
3. 
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling on the parcel retained by the owner of the property pursuant to Subsection g below or when a variance for cultural housing is approved by the city pursuant to Subsection 10-6.4Ca11 of this chapter.
4. 
The Pinelands development credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands development credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq., as amended or supplemented, when a waiver of strict compliance is granted by the Pinelands Commission.
d. 
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection b above.
e. 
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Agricultural Production Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this section shall also apply to owners of record of less than 0.10 acres of land in the Agricultural Production Zone, as of February 7, 1979, provided that said owners acquired vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection b above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
f. 
No Pinelands Development Credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection i below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
g. 
Notwithstanding the provision of Subsection f above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
h. 
No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
i. 
Such deed restrictions shall specify the number of Pinelands development credits sold and that the property in the AP Agricultural Production Zone may only be used in perpetuity for the following uses: agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel and no more than 1% of the parcel will be covered with impermeable surfaces; fish and wildlife management, agricultural sales establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, loading and operation of aircraft as part of an ongoing agricultural operation; and agricultural products processing facilities. In all other Pinelands zones the deed restriction shall specify that the property may only be used in perpetuity for agriculture, forestry and low-intensity recreational uses. Said deed restrictions shall be in a form approved by both the Pinelands Commission and the solicitor for the approval agency.
j. 
Pinelands development credits shall be used in the following manner:
1. 
When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the RV Zone is granted by the city, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.
2. 
When a variance for cultural housing is granted by the city in accordance with Subsection 10-6.4Ca11 of this chapter.
3. 
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq., as amended or supplemented.
k. 
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the city with evidence of legal or equitable ownership of the requisite Pinelands development credits; provided, however, that the city may grant preliminary subdivision or site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan the developer shall provide evidence of either legal or equitable Pinelands development credit ownership to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the city with evidence of his, her or its ownership of the requisite Pinelands development credit, that those Pinelands development credits have been redeemed with the city and that title in fee to the premises in question (which title may be subject to mortgage liens and easements which in the opinion of the Pinelands Commission and Approval Agency do not affect the ability of the developer to complete the project) is in the developer. Notification of any such preliminary or final approval shall be made to the Pinelands Commission pursuant to Section 10-11.9d and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands Development Credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6.
10-8.8. 
Recycling Area for Multifamily Housing Developments.
a. 
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling areas and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.[4]
[4]:
Editor's Note: See N.J.S.A. 40:55D-28.
b. 
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
c. 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials, bins or containers.
d. 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.
e. 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
f. 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
10-8.9. 
Driveways.
a. 
The purpose of this Subsection 10-8.9 is to set certain standards for the design and location of driveways and driveway openings in order to promote the safety, public well-being, convenience and public welfare of the city and to permit access to properties for the purposes of combating fires and other emergencies and to ensure emergency vehicle access, and the promotion of public safety.
b. 
No driveway which connects to an existing or proposed public right-of-way within the City of Estell Manor may be constructed or substantially modified unless the owner first obtains a driveway permit from the Zoning Officer. Application for said driveway permit shall be made in duplicate with the Zoning Officer, who shall transmit one copy thereof to the City Clerk. The applicant shall also file with the Fire Department a copy of said application. Said application can be in conjunction with an application for a zoning permit or a building permit. In such case, only the portions of the application dealing with the driveway need be submitted to the Fire Department. No fee shall be charged for a driveway permit, but if a driveway permit is sought in conjunction with a zoning or building permit, the normal fees for such permits shall be applicable.
c. 
The Fire Official shall, after receiving the application for a permit, cause to review the proposed plans and, if necessary, inspect the site of the proposed driveway or modified driveway.
d. 
Minimum Design Requirements. All driveways to be constructed or modified shall be done in accordance with the following minimum requirements:
1. 
Driveways shall intersect the public way at an angle to as near 90° as site conditions will permit and in no case less than 60°.
2. 
Driveways shall have a minimum width of 12 feet maintained.
3. 
The minimum driveway width plus a two-foot-wide strip on each side shall be kept cleared of vegetation and other obstructions. This cleared width shall extend from one foot above the driveway surface to a height of 14 feet and shall be properly maintained.
4. 
Driveways shall be designed to provide as straight a route as possible from the public road to the premises on site. If it is necessary to construct an angle point in the driveway, this angle point shall be no greater than 30°, as measured from the center line of the driveway.
5. 
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
6. 
All driveways constructed after the effective date of this chapter shall be surfaced with compacted material of such quality as to provide a hard surface sufficient to bear a minimum vehicle weight of 36,000 pounds [18 tons] in rainy or snowy weather. This requirement shall not apply to any drives which have been contracted or are under active construction on the effective date of this chapter.
e. 
Visibility. All driveways shall be constructed or modified at such an angle so as to assure maximum visibility in both directions, taking into account physical obstructions which may be present and which cannot be removed or modified by the person seeking to construct the driveway. Any obstructions to vision which can be removed or modified by the person seeking to construct the driveway should be so removed or modified.
f. 
Plot Plan or Sketch.
1. 
All applications for a permit for a driveway or modified driveway shall include a plot plan or sketch, which need not be drawn by a licensed engineer and need not be drawn to scale, showing the location of the proposed driveway and shall include, at a minimum, the following:
(a) 
The name and address of the owner and applicant.
(b) 
The Tax Map Sheet, block and lot number.
(c) 
The property lines and North arrow.
(d) 
The setback and location of structures, proposed and existing.
(e) 
The type of storm drainage to be constructed at the driveway entrance, if necessary.
(f) 
The location of all existing drives.
2. 
In addition, the Fire Department is authorized to approve an application form which, if so approved, shall be utilized by the applicant.
g. 
Approval of Fire Department. No driveway or modified driveway shall be constructed in the City of Estell Manor without the approval of the Fire Department, which approval shall be conveyed to the Zoning Officer. The Zoning Officer shall not issue a permit for the driveway until said approval has been received in writing; provided, however, that if the Fire Department has not inspected and conveyed to the Zoning Officer its approval or disapproval of the proposed plans within 30 days of receipt of its copy of the application, the plan shall be deemed to be approved by the Fire Department.
h. 
Existing Drives. The Fire Official may review existing drives to ascertain whether or not fire equipment can safely enter the premises and have access to all structures and other flammable objects on said premises in order to fight any fires or handle any other emergencies that may occur. The Fire Official may enter onto private property for this purpose. In the event that the Fire Official shall ascertain that there is an obstacle preventing the full utilization of fire or other equipment in emergency situations, that official shall notify the owner or occupant of said property and request that said condition be abated.
i. 
Permits Where No Driveway Contemplated. The lack of a driveway permit shall not prevent the issuance of a building permit, zoning permit or certificate of occupancy, so long as the construction plans do not provide for construction or reconstruction of any driveway.
j. 
Other Construction Pending Driveway Permit. The lack of a driveway permit shall not prevent the issuance of a building permit or zoning permit, so long as there is no construction work involving either a new driveway or modified driveway until said permit shall be received. However, in the case of any such construction involving a new or modified driveway, no certificate of occupancy shall be issued until a driveway permit has been received and its requirements met.
k. 
Certificate of occupancy. There shall be no certificate of occupancy for any construction involving either a new or modified driveway until a driveway permit is received and construction in accordance with its terms has been approved by the Construction Official.
l. 
Records. The Fire Department shall keep records of all permits issued and all inspections made under the provisions of this subsection.
m. 
Maintenance of Driveways. The owner of any driveway for which a permit has been issued under this Subsection 10-8.9 shall maintain the same so that the minimum design standard set forth in Subsection d above shall at all times be met.

10-9 Conditional Uses.

10-9.1. 
Guiding Principles. Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the city and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses.
Except where incidental powers are given to the Zoning Board of Adjustment under the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., the Planning Board shall have original jurisdiction and power to grant a permit for a conditional use under the terms and conditions established by this chapter, under the following stipulations and guiding principles:
a. 
The use for which application is being made is specifically authorized as a conditional use in Section 10-6 of this chapter for the zone in which located.
b. 
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
1. 
Character of the neighborhood and zone.
2. 
Conservation of property values.
3. 
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
4. 
Potential congestion of vehicular traffic or creation of undue hazard.
5. 
Principles and objectives of this chapter, the Master Plan of the city and the Pinelands Comprehensive Management Plans, except where said plan conflicts with the provisions of this Code.
6. 
In addition, the conditional uses shall adhere to the minimum standards specified for the particular use in this section and to such additional conditions and safeguards as in the opinion of the Planning Board or the Board of Adjustment, in exercise of its incidental powers, will implement the intent and objectives of this chapter.
10-9.2. 
Public, Parochial or Private Schools. Public, parochial or private schools, including institutions of higher learning, but not trade or business schools, may be permitted in a residential zone district except for the AP Agricultural Production Zone as a conditional use.
a. 
The application shall be on the official forms heretofore made part of this chapter and shall include a plot and drainage plan of the site, drawn to scale, indicating overall dimensions, topographical conditions, before and after, the location and intended use of existing and proposed buildings, locations of recreational areas, the relationships of the proposed use to streets and adjacent properties and such physical features as might present any deterrent to the protection of the health and safety of the pupils. The application shall include a complete set of architectural plans and a site plan showing existing and proposed buildings and structures. A statement shall be submitted, indicating the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school.
b. 
Before authorizing the Building Inspector to issue a permit, the Planning Board shall determine that the following standards are met:
1. 
Off-street parking shall be provided in the following ratios: elementary schools shall provide one parking space for each staff member or employee, plus adequate space for buses and delivery vehicles; all other schools shall provide 1 1/2 parking spaces for each staff member or employee plus adequate space for buses or delivery vehicles. These requirements may be increased if, in the judgment of the Board of Adjustment or the Planning Board, the unavailability of bus services, the particular location or a relatively high percentage of pupils driving or anticipated to be driving cars to school make such increased requirements desirable.
2. 
No driveway shall open onto a public street within 75 feet of an intersection of the street with another street.
3. 
Illumination for night athletic activities shall be shielded from illuminating adjoining streets and residential areas.
10-9.3. 
Places of Worship. Places of worship may be permitted in all residential zones, except for the AP Agricultural Production Zone, provided that the Planning Board shall determine that:
a. 
The proposed use is a bona fide, nonprofit religious use.
b. 
The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights and otherwise adversely affect the value of adjacent properties; the design of any structures to be erected in connection with such use are in keeping with the general character of the residential area; and sufficient landscaping, including trees, shrubs and lawn, are provided to appropriately buffer the use from adjoining residential properties and to ensure an attractive appearance for the use.
c. 
The buildings will not occupy more than 25% of the lot area and that all other requirements as set forth in this chapter for the zone in which it is to be located are observed, and such use will in no way be detrimental to the surrounding property values. The structure of the use proposed will serve a useful purpose to the general welfare of the city.
10-9.4. 
Home Crafts. Home crafts, as defined by this chapter, may be permitted in an RV Village Residence Zone, R-5 Residence Zone and SD Special Districts with a conditional use permit, provided that the following standards are met and any other requirements as deemed necessary by the Planning Board.
a. 
A home craft shall be carried on entirely within the principal building and shall under no circumstances exceed 20% of the total gross habitable floor area of the principal building.
b. 
No crafts shall require interior or exterior alterations of the principal structure.
c. 
No sign shall be permitted in connection with home crafts.
d. 
No mechanical equipment shall be permitted and no commodity shall be sold on the premises in connection with the home craft.
e. 
A home craft shall be carried on only by a member of the family living within the principal structure.
10-9.5. 
Home Professional Occupation. Home professional occupations, as defined by this chapter, may be permitted in an RV Village Residence Zone, R-5 Residence Zone and SD Special Districts with a conditional use permit, provided that the following standards are met and any other requirements as deemed necessary by the Planning Board.
a. 
A home professional occupation shall be carried on entirely within the principal building and shall not under any circumstances, exceed 50% of the total gross habitable floor area of the principal building.
b. 
No home professional occupation shall require exterior alterations of the principal structure which will cause the structure to be at variance or further at variances with the schedule for the district in which it is located.
c. 
No home professional occupation shall permit the employment of more than two employees who are not permanent residents of the principal structure.
d. 
No home professional occupation shall permit any advertising display other than a professional nameplate as provided for in Section 10-8.
10-9.6. 
Public Service Infrastructure. Public service infrastructure uses, including electric transmission facilities and supporting structures, may be permitted, except that no service or storage yards may be permitted in any zone district with a conditional use. No conditional use permit shall be issued unless the Planning Board shall determine that:
a. 
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
b. 
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
c. 
Adequate and attractive fences and other safety devices will be provided.
d. 
A buffer strip five feet in width and screening are provided and will be periodically maintained as specified in Subsection 10-8.2.
e. 
Adequate off-street parking will be provided.
f. 
All of the area, yard, and building coverage requirements of the respective zone will be met.
10-9.7. 
Quasi-Public Buildings and Recreation Areas. Quasi-public buildings and recreation areas and facilities, including clubhouses, parks, playgrounds, tennis courts and other activities operated by nonprofit organizations, may be permitted. Before authorizing the Building Inspector to issue a permit, the Planning Board shall determine that the following standards are met:
a. 
A statement setting forth full particulars on the operation of the use and a complete list of the proposed charter membership, including names and resident addresses, shall be filed with the Planning Board.
b. 
It is ascertained by the Planning Board that the proposed use is a bona fide, nonprofit organization operated solely for the recreation and enjoyment of the members of the organization.
c. 
It is ascertained by the Planning Board that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights and otherwise adversely affect the value of adjacent properties, so that the design of any structures erected in connection with such use is in keeping with the general character of the residential area, and that sufficient landscaping, including trees, shrubs and lawn, is provided to serve as a buffer between the use and adjoining residential properties and to ensure an attractive appearance for the use.
d. 
The Planning Board finds that buildings will not occupy more than 25% of the lot area, all other requirements as set forth in this chapter for the zone in which it is to be located are observed, that the use will in no way be detrimental to the surrounding property values and that the structure or use proposed will serve a useful purpose to the general welfare of the city.
e. 
The front, rear and side yards shall be increased one foot for each foot by which the building exceeds the height limit herein established for the zone in which it is located.
f. 
The appropriate area and number of off-street parking spaces have been established and met.
g. 
Signs may be illuminated but nonflashing and limited in area to not more than 15 square feet on any one side and shall not be closer than 15 feet from any property line or five feet from any street line.
h. 
All utilitarian and service areas are adequately screened in accordance with standards set forth in Subsection 10-8.2.
10-9.8. 
Motor Vehicle Service Stations and Tire and Battery Sales and Service. Motor vehicle service stations and tire and battery sales and services may be permitted in the HC Highway Commercial Zone, provided that the following standards are observed:
a. 
In addition to the information required in the site plan as spelled out in Subsection 10-11.4a, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
b. 
The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.
c. 
Driveways shall not be more than 24 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 25 feet from the intersection of street lines. No more than two driveways shall be permitted for each 100 feet of street frontage.
d. 
The entire area of the site traveled by motor vehicle shall be hard-surfaced.
e. 
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
f. 
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans or antifreeze and similar products may be displayed on the respective island if provided for in a suitable metal stand or rack.
g. 
No motor vehicle service station, public garage or tire or battery sales outlet shall be located within 500 feet of any public entrance to a school, library, hospital or charitable institution. The distance shall be measured in a straight line from the public entrance to the lot line nearest the entrance along the street line.
h. 
Where the uses abut another property, they shall be screened by a buffer strip not less than 10 feet in width. Screening shall be provided along the rear and side property lines. Buffer strips and screening shall be in accordance with the standard set forth in Subsection 10-8.2.
i. 
All fuel pumps shall be located at least 20 feet from any street or property line and shall be attendant operated.
j. 
A motor vehicle service station or a tire or battery sales outlet may erect one freestanding pole-mounted identification sign, not to exceed 25 feet in height or 50 square feet in area on either of two sides.
10-9.9. 
Mobile Home Parks. Mobile home parks may be permitted in the R-10, RV and R-5 Zones, provided that the following conditions are met:
a. 
The minimum lot area, minimum lot frontage and minimum lot depth for the zone in question shall apply, multiplied by the number of mobile home space within said mobile home park.
b. 
The maximum building coverage shall be 10% of the total lot area.
c. 
The minimum front, side and rear yard requirements for one-family residences for the zone in question shall apply.
d. 
The maximum height of any structure on the premises shall be 35 feet.
e. 
The minimum habitable floor area for each mobile home shall be 750 square feet.
f. 
The mobile home spaces may be clustered within the mobile home park, provided that the above area and bulk requirements are met for the park as a whole and, further, provided that the minimum clustered lot size for a mobile home space is at least 3.2 acres.
g. 
All requirements of any other applicable municipal, county, state or federal laws or regulations shall apply, including but not limited to provisions of Chapter IV of the Administrative Code of the City of Estell Manor, as heretofore or hereafter amended.
10-9.10. 
Extension of Use From HC Zone Into Neighboring Zones. Where a lot or parcel is located in part in an HC Zone District and in part in another zone district, the entire lot or a portion thereof not located in the HC Zone District may be used for a purpose permitted in the HC Zone District upon application for a conditional use permit and upon determination by the Zoning Board that the following standards and conditions are met:
a. 
The use contemplated can best be established by utilizing the portion of the lot or plat in the neighboring zone.
b. 
The site plan shall be appropriate to the adjoining area.
c. 
No portion of the proposed use shall extend more than 500 feet beyond the right-of-way along which the lot has frontage.
10-9.11. 
Neighborhood Business Uses in RV Residential Village Zone. Neighborhood business uses shall be permitted in the RV Residential Village Zone, provided that the following requirements are met:
a. 
Within retail outlet establishments, up to 50% of the building area may be devoted to the processing, assemblage or storing of goods or products to be retailed on the premises, provided that no such area shall front on a public street at street level.
b. 
Where the property line of a proposed business lot abuts a residential lot, a buffer area shall be established which shall include an area of land 10 feet in width as measured from the property line. Such buffer area shall be provided with screening as specified in Subsection 10-8.2.
c. 
Neighborhood commercial uses shall front upon a major arterial or major collector road as specified by the Master Plan of the city.
d. 
The site plan shall be appropriate to the adjoining area.
10-9.12. 
Exemptions to Flood Hazard and Wetlands Restrictions. Any use normally allowed or permitted as a conditional use in the zone underlying a Flood Hazard Zone or a wetland may be permitted as a conditional use if the developer can establish to the satisfaction of the Planning Board that the land in question should not be classified as a flood hazard area or wetland and should not be restricted from the specific use proposed. In such case, said proposal shall be exempt from the requirements of Subsection 10-7.13 of this chapter, but all other regulations applicable to said land use shall apply.
10-9.13. 
Development in a Flood Hazard Zone Outside Wetlands. Development in that portion of the Flood Hazard Zone which is outside the wetlands may be permitted if the applicant demonstrates to the satisfaction of the Planning Board that the development meets the following objectives and conditions:
a. 
Protection and maintenance of water table and water recharge areas.
b. 
Retention of existing floodwater storage capacity.
c. 
Location of construction of public utilities, including sewer, water, gas and electric systems, in a manner which minimizes or eliminates flood damage and infiltration.
d. 
Adequacy of the methods of disposal for sewage, refuse and other wastes resulting from the uses permitted on the site and the methods for providing adequate drainage so as to minimize flood damage.
e. 
Elevation of the lowest floor, including the basement, of a newly constructed or substantially improved structure at or above the level of the one-hundred-year flood.
10-9.14. 
Development in or Near Wetlands.
a. 
Uses. No development in the Pinelands Area shall be permitted in a wetland or a wetlands transition area except for the following uses:
1. 
Horticulture of native Pinelands species in accordance with the requirements of Subsection 10-8.5d;
2. 
Berry agriculture in accordance with the requirements of Subsection 10-8.5d;
3. 
Beekeeping;
4. 
Forestry in accordance with the requirements of Subsection 10-8.5c;
5. 
Fish and wildlife management, provided that there is no significant adverse impact on the wetland as set forth in Subsection b below;
6. 
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection b below;
7. 
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection b below;
8. 
Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that:
(a) 
There is a demonstrated need for the facility that cannot be met for existing facilities;
(b) 
The development conforms with all state and federal regulations; and
(c) 
The development will not result in a significant adverse impact, as set forth in Subsection b below.
9. 
Bridges, roads, trails and utility transmission and distribution facilities and other similar facilities, provided that:
(a) 
There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist.
(b) 
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof.
(c) 
The use represents a need which overrides the importance of protecting the wetland.
(d) 
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland.
(e) 
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
(f) 
The determination as to whether the standards set forth in this Subsection 10-9.14a9 have been met shall be with the approval agency and the Pinelands Commission. If the development does not require the action of any approval agency, then the determination of whether the requirements have been met shall vest in the Zoning Officer of the City of Estell Manor and the Pinelands Commission. The facilities in question shall require the unanimous agreement of both the approval agency or Zoning Officer, as the case may be, and the Pinelands Commission.
b. 
Performance Standards.
1. 
No development, except for those uses which are specifically authorized in Subsection al through 4 above, shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
2. 
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals:
(a) 
An increase in surface water runoff discharging into a wetland;
(b) 
A change in the normal seasonal flow patterns in the wetland;
(c) 
An alteration of the water table in the wetland;
(d) 
An increase in erosion resulting in increased sedimentation in the wetland;
(e) 
A change in the natural chemistry of the ground- or surface water in the wetland;
(f) 
A loss of wetland habitat;
(g) 
A reduction in wetland habitat diversity;
(h) 
A change in wetlands species composition; or
(i) 
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
3. 
Determinations under Subsection b2 above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.
10-9.15. 
Resource Extraction. The continuation of existing resource extraction operations, other than sandwashes, is permitted in the R-25 and R-10 Zones, provided that the applicant meets the requirements of N.J.A.C. 7:50-6, Part VI, Section 8-3 of the Revised General Ordinances of the City of Estell Manor and the following requirements:
a. 
Any application filed for conditional use approval of resource extraction operations shall include at least the following information:
1. 
The applicant's name and address and his interest in the subject property.
2. 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
3. 
The legal description, including block and lot designation and street address, if any, of the subject property.
4. 
A description of all existing uses of the subject property.
5. 
A brief written statement generally describing the proposed development.
6. 
A United States Geological Survey Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown.
7. 
A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.
8. 
The location, size and intended use of all buildings.
9. 
The location of all points of ingress and egress.
10. 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
11. 
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.
12. 
A soils map.
13. 
A reclamation plan which includes:
(a) 
The method of stockpiling topsoil and overburden;
(b) 
The proposed grading and final elevations;
(c) 
The topsoil material application and preparation;
(d) 
The type, quantity and age of vegetation to be used;
(e) 
Fertilizer application, including method and rates;
(f) 
Planting method and schedules; and
(g) 
Maintenance requirements schedule.
14. 
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant;
15. 
A financial surety guaranteeing performance of the requirements of this subsection in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety shall be posted by the property owner or his agent with the city and, for operations in the Pinelands Area, shall name the Commission and the city as the obligee.
16. 
For operations in the Pinelands Area, a certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim and regulations.
17. 
When prior approval for an operation in the Pinelands Area has been granted by the approval agency, evidence of Pinelands Commission review pursuant to Subsection 10-11.9e of this chapter.
b. 
Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:
1. 
Is designed so that no area of excavation, sedimentation pond, storage area, equipment or machinery or other structure or facility is closer than 200 feet to any property line or 500 feet to any residential or nonresource-extraction-related commercial use which is in existence on the date the permit is issued.
2. 
Is to be located on a parcel of land of at least 20 acres.
3. 
Provides that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion.
4. 
Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads.
5. 
Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways.
6. 
Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to ground water.
7. 
Will not involve excavation below the seasonal high water table.
8. 
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each portion of the parcel proposed for extraction will be worked.
9. 
Will involve restoration of all disturbed areas at the completion of resource extraction in accordance with the requirements of Subsection c, restoration standards, below and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guaranty of performance in such amount as may be determined by the Planning Board.
10. 
Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be determined, whichever is less, for age excavation at any time.
11. 
Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan.
c. 
All parcels of land which are used for resource extraction operations shall be restored as follows:
1. 
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
2. 
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule in Subsection 10-9.15b8.
3. 
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and foster revegetation shall be utilized; the slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection c6 of this section.
4. 
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated.
5. 
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated.
6. 
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one-foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of acres which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted.
7. 
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
8. 
Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
(a) 
Stabilization of exposed areas by establishing ground cover vegetation.
(b) 
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
(1) 
The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
(2) 
Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
(3) 
A combination of the planting techniques set forth Subsections (1) and (2) above; or
(4) 
The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.
9. 
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
10. 
The letter of credit, surety bond or other guaranty of performance which secures restoration of each section shall be released after the city has determined that the requirements of Subsection c1 through 9 above are being met and the guaranty of performance is replaced with a maintenance guaranty for a period of two years thereafter.[1]
[1]:
Editor's Note: This subsection, formerly Subsection c9, was renumbered as Subsection c10 7-2-1997 by Ord. No. 97-3.
d. 
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area.
10-9.16. 
Shops, Stores and Markets. Stores, shops and markets as enumerated under Subsection 10-6.3b1 shall be permitted in the RV Village Residence Zone with a conditional use, provided that the Planning Board determines that the development plan is appropriate to and compatible with the existing adjacent land uses and shall not adversely affect them, and provided that the proposed structures are designed to harmonize with the general character of the neighborhood.
10-9.17. 
Undersized Lots of Record. Undersized Lots of Record as enumerated under Subsection 10-7.11c, as amended, shall be permitted under a conditional use permit, provided that the Planning Board determines that the development plan is appropriate to and compatible with the existing adjacent land uses and shall not adversely affect them and provided that the proposed structures are designed to harmonize with the general character of the neighborhood.

10-10 Nonconforming Uses.

10-10.1. 
Continuance. Except as otherwise provided in this section, the lawful use of land or buildings which did not violate the Land Use Ordinances of the City of Estell Manor or any law of the State of New Jersey regulation uses in the Pinelands Area at the time said use commenced or was commenced pursuant to a duly authorized variance and/or other approval issued by the Pinelands Commission may be continued, although the use of the building does not conform to the regulations specified by this chapter for the zone in which the land or buildings are located, provided that:
a. 
No nonconforming lot shall be further reduced in size.
b. 
No nonconforming buildings shall be enlarged, extended or increased if the enlargement would tend to increase the degree of nonconformance.
c. 
No nonconforming use may be expanded other than conforming residences on nonconforming undersized lots of record.
10-10.2. 
Abandonment. The Planning Board shall find a nonconforming use to be abandoned in the event of an overt act or failure to act which carries a sufficient implication that the owner neither claims nor retains any interest in the subject matter of the abandonment and an intention to abandon.
[Amended 11-6-2002 by Ord. No. 02-07]
10-10.3. 
Restoration. The Zoning Officer shall issue a zoning permit for the restoration of any nonconforming use where the restoration does not exceed the original area of disturbance or footprint. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall floor or roof which the Building Inspector has declared unsafe.
[Amended 11-6-2002 by Ord. No. 02-07]
10-10.4. 
Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back into a nonconforming use.
10-10.5. 
Alterations. A nonconforming building, structure or sign may be reconstructed but not enlarged or extended, unless the building is changed to a building conforming or more nearly conforming to the requirements of this chapter.
10-10.6. 
Zone Changes. In the case of an area which has been or may be in the future transferred from one zone to another zone of a different classification or having different requirements as a result of any changes in the Land Use Ordinances of the City of Estell Manor, the foregoing provisions shall also apply to any nonconforming use created thereby.

10-11 Administration.

10-11.1. 
Enforcement. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have powers as are conferred upon him by this section and as reasonably may be implied. He shall be appointed by the City Council and shall receive compensation as the City Council shall determine.
10-11.2. 
Duties of the Zoning Officer. It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter. He shall have the right to enter any building or premises during the daytime in the course of his duties.
a. 
Written Order of Violation.
1. 
Where the Zoning Officer, in the course of his duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party in writing to remedy the conditions. The written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for the action, the penalties and remedies which may be invoked by the City and the violator's rights of appeal, all as provided for by this chapter and the laws of the State of New Jersey.
2. 
A copy of the written order shall be transmitted to the Building Inspector, who shall thereupon cause the certificate of occupancy for the building or premises in question to be held null and void. A new certificate of occupancy shall be required for any further use of the building or premises.
b. 
A zoning permit, temporary use permit or conditional use permit, as appropriate and provided for elsewhere by this section, shall be a prerequisite to the issuance of a building permit as prescribed by the Building Code for the construction, erection or alteration of any building or part of a building. No such permits shall be issued for any plans which would be in violation of the provisions of this chapter.
c. 
The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. The records shall form a part of the records of his office and shall be available for the use of the City Council and other officials of the City, county and state. The records to be maintained shall include at least the following:
1. 
Application File. An individual permanent file for each application for a permit provided for by this section shall be established at the time the application is made. The file shall contain one copy of the application and all supporting documents, maps and plans, notations regarding pertinent dates and fees; one copy of the resolution of the Board of Adjustment in acting on the application; and the date the permit applied for was issued or denied by the Zoning Officer.
2. 
Monthly Report. The Zoning Officer shall prepare a monthly report for the City Council. The report shall cite all actions taken by the Zoning Officer, including all referrals made by him, all permits and certificates issued and denied and all complaints of violations received and all violations found by him and the action taken by him consequent thereon. A copy of the monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor, Planning Board and Board of Adjustment at the same time it is transmitted to the City Council.
10-11.3. 
Certificates and Permits. The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter.
a. 
Zoning Permit. The Zoning Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building or part of any building or the change in the use of any land or building or part thereof where he or she shall determine that the plans are not in violation of the provisions of this chapter. Notwithstanding compliance with all other provisions of this chapter, no zoning permit shall be issued by the Zoning Officer where it is determined that any unsafe structure or condition or any nonconforming buildings not otherwise exempted under this chapter are currently present upon the property for which the permit is sought. A fee of $10 shall be payable to the City Clerk for any zoning permit application pursuant to this provision.
b. 
Temporary Use Permit. Upon written direction of the Board of Adjustment, the Zoning Officer is hereby empowered to issue a temporary use permit. A temporary use permit shall only be effective for a period not to exceed six months. The permit may be extended by the Zoning Officer not more than once for an additional period not to exceed six months.
c. 
Conditional Use Permit. Upon written direction of the Planning Board, the Zoning Officer is hereby empowered to issue any conditional use permit provided for by this section.
d. 
Certificate of Occupancy Permits. Certificates of occupancy shall be issued in accordance with the procedures set forth by the City Council.
1. 
New Uses. No building shall be occupied or used until such time as a certificate of occupancy is issued by the Housing Officer after determination that the building, structure or use is in conformance with the provisions of this chapter and all other applicable local ordinances.
2. 
Existing Uses. Upon written request from the owner, tenant, occupant or purchaser under contract, the Housing Officer, after inspection, shall issue an occupancy permit for a use legally existing on December 30, 1968, certifying the extent and kind of use and any other existing use which conforms to the provisions of this chapter.
3. 
Change of Use. No owner, tenant or other person shall use or occupy any building or structure thereafter, the use of which shall be changed after December 30, 1968, without first procuring an occupancy permit. An occupancy permit once granted under this chapter shall continue in effect for a building not used for residential purposes so long as them is no change of use, regardless of change of identity in tenant or occupant. This section shall not, however, affect any occupancy permit which may be required under any other chapter of this revision.
4. 
Change of Tenancy or Ownership. From and after the effective date of this chapter, a certificate of occupancy shall be required whenever them is a change in ownership or tenancy of any building or structure used for dwelling purposes. The owner of said building or dwelling shall open it to reasonable inspection during reasonable hours by the Housing Officer.
5. 
A fee of $20 shall be paid to the Housing Officer, for his use, by each applicant for a certification of occupancy. This is in addition the fees required under Subsection 9-5.7.
10-11.4. 
Procedures for Zoning Permit. All applications for zoning permits shall be made to the Zoning Officer, accompanied by a fee payable to the City Clerk in the amount of $10. The Zoning Officer shall carefully consider the application and all supporting documents and shall make a determination whether the application is in compliance with the provisions of this chapter and, based upon that determination, shall either issue or deny the zoning permit applied for. In the event that the Zoning Officer denies the permit because the application is not a complete application as defined by N.J.S.A. 40:55D-3, the Zoning Officer shall, within the time provided by said statute, return the application to the applicant with a statement setting forth why said application is not deemed to be complete. Upon obtaining a zoning permit, the applicant may apply to the Building Inspector for a building permit and a certificate of occupancy in the manner prescribed in the Construction Code.
a. 
Design and Site Plan Review Process.
1. 
Any applicant for construction of any use, other than a one-family dwelling in a residential zone, garage, toolshed, swimming pool which is an accessory use to a single-family dwelling, patio, porch, accessory buildings which will not result in an enlargement or substantial change in the external appearance, or any applicant for a land use permit for a building other than that normally associated with one-family detached dwellings or his agent shall submit to the administrative officer at least 20 days prior to but no more than 28 days prior to the Planning Board meeting at which consideration is desired 18 copies of a notice of filing and application for site plan review on official forms, the site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. Said documents shall be submitted in such form to permit discussion purposes for preliminary approval. The administrative officer shall submit one copy of the same to the Zoning Officer and one copy to the City Engineer. The administrative officer shall immediately notify the Secretary of the Board having jurisdiction over the matter upon receipt of the application for site plan approval.
[Amended 7-11-2001 by Ord. No. 05-01]
2. 
The plans and drawings shall be true and accurate and, in a case other than that for a minor site plan, shall be drawn to a scale of not less than one inch equals 50 feet and certified. Architectural drawings and certification may be waived in appropriate cases at the discretion of the Planning Board or, in the case of applications involving historic landmarks, by the Historic Preservation Commission, where the nature of the site plan approval is such as to be deemed not to require the expense of the same. The administrative officer shall refer 14 copies of the plans, drawings and statements to the Planning Board. In case of an application involving an historic landmark or abutting within 200 feet of a site containing an historic landmark, an additional seven copies of the plans, drawings and statements shall be submitted to the administrative officer, to be referred to the Historic Preservation Commission.
[Amended 7-11-2001 by Ord. No. 05-01]
3. 
At the time of the submission of the site plan for review, all fees required by Subsection 9-5.7 shall be paid, and, in addition, if the site plan involves an historic landmark or abuts or is within 200 feet of the site containing an historic landmark, the fees provided by Subsection 10-6.612 shall be paid.
(a) 
Public notice, as described by N.J.R.S. 40:55D-12 of the New Jersey Statutes, as heretofore or hereinafter amended, shall be given by the developer of all hearings at which request is made for preliminary and/or final site plan review for a major site plan.
(b) 
The Planning Board shall determine whether the materials submitted are sufficient to enable it to fully consider the criteria required for site plan approval, as set forth by Subsections 4 and 5 below. If the Planning Board determines that the materials submitted are adequate, it may grant or deny both preliminary and final approval at the initial hearing. If the Planning Board determines that an amendment is required in the application, plans or layout of improvements proposed by the developer, it may require the developer to submit an amended application and such additional or supplemental materials as may be reasonably required for the Planning Board to make a final determination. The Planning Board shall, if the materials submitted tentatively indicate that the proposed development complies with this chapter and all other applicable laws, grant preliminary site plan approval, subject to consideration of final site plan approval upon submission of the additional materials required by it.
4. 
The Planning Board shall determine whether or not the proposed site plan and structures will compare favorably with community standards and other neighborhood improvements. In making the determination, the Planning Board shall consider:
(a) 
The height, bulk and area of buildings.
(b) 
The setback distances from all property lines.
(c) 
The size, type and location of signs.
(d) 
The size, location, construction and screening of automobile parking areas.
(e) 
The relation to the existing buildings and structures in the general vicinity and area.
(f) 
All provisions of the Zoning Chapter not mentioned specifically above and the relationship of the proposed project to the health, safety and general welfare of the community, specifically, its relationship to the Comprehensive Plan of the city as it is developed.
(g) 
The location of vehicle egress and ingress routes, driveways, etc., and their relationship to neighboring streets.
(h) 
For development in the Pinelands Area, all of the requirements of Subsection 10-8.5 must be met.
(i) 
For development in a Flood Hazard Zone, there must be certification by a registered professional engineer or certified architect that all floodproofing measures used for the structure are reasonably adequate to enable it to withstand the impacts and effects of the one-hundred-year flood.
5. 
In addition, where a site plan is deemed to be other than a minor site plan, the Planning Board shall also consider the following:
(a) 
Description and location of utility service, including gas and electric lines.
(b) 
Size, shape and location of any area reserved for public use.
(c) 
The amount, location, sizes, materials and species of landscaping.
(d) 
The lighting of buildings, signs and grounds.
(e) 
Water supply, drainage and sewerage facilities on the tract of land in question.
(f) 
Size, shape and location of any open space to be set aside for the use and benefit of the project or residents thereof.
(g) 
Provisions for protection and conservation of soils from erosion from wind or water or from excavation or grading.
(h) 
Energy conservation standards as set forth under Subsection 9-5.6h.
(i) 
The environmental impact of the proposed development. To that end, the Planning Board may require an applicant for a major site plan to provide an environmental impact statement, which shall include therein the fiscal impact on city services and facilities and shall conform in every respect to the definition and requirements as set forth in the New Jersey Coastal Area Facility Review Act, N.J.R.S. 13:19-1 et seq., and regulations adopted pursuant thereto, and specifically to include all requirements set forth in N.J.R.S. 13:19-7 and Subchapters 4.0,9.0 and 10.0 of the New Jersey Coastal Area Facility Review Act rules and regulations promulgated by the Commissioner of Department of Environmental Protection under Docket No. DEP 005-76-03 and as may hereafter be otherwise amended pursuant to the authority aforesaid. Notwithstanding anything therein contained to the contrary, all procedures pertaining to the submission of an application for major site plans as set forth in this Code shall apply to the submission and processing of such environmental impact statement unless otherwise required in the case of a site plan within the jurisdiction of the aforesaid New Jersey Coastal Area Facility Review Act. This requirement is applicable regardless of whether the site in question is subject to the jurisdiction of the New Jersey Coastal Area Facility Review Act.
6. 
In addition, in the case of all applications involving an historic landmark, a site designated by the Pinelands Commission or a historic resource deemed significant pursuant to Subsection 10-8.5j, the approval agency shall employ the standards contained in Subsection 10-6.6i in deciding whether to issue, issue with conditions or deny a certificate of appropriateness. In determining the appropriate treatment of a landmark or the conditions that shall be attached to a certificate of appropriateness, the approval agency may also consider the following additional factors:
(a) 
Improvements and Demolitions. With respect to any application involving alterations to or an addition, improvement, repair, replacement or removal of an historic landmark, the following matters may be considered:
(1) 
Its importance to the municipality and the extent to which its historical or architectural value is such that its alteration, improvement, repair, replacement, removal or any addition thereto would be detrimental to the public interest.
(2) 
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty or expense.
(3) 
The extent to which its retention in its present or altered state would promote the general welfare by maintaining and increasing real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, stimulating interest and study in architecture and design, educating citizens in American culture and heritage or making the municipality a more attractive and desirable place in which to live.
(4) 
The probable impact of said alterations, additions, improvements, repairs, replacements or removals upon other historic landmarks within proximity thereto.
(b) 
Visual Compatibility Considered for Additions, Alterations, Improvements or Removals. With regard to any application to move an historic landmark or to create an alteration, addition, improvement, repair or replacement of an historic landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered.
(c) 
Other Considerations. With regard to all applications for alterations, additions, improvements, repairs, replacement or removal of historic landmarks, the following matters shall be considered:
(1) 
The impact of the proposed change on its historic and architectural character.
(2) 
The proposed use of any structure involved.
(3) 
The extent to which the proposed action would adversely affect the public's view of the landmark or a structure which is a part thereof from a public street.
(4) 
The impact the proposed change would have on the character and ambience of other historic landmarks situated in the vicinity thereof.
(d) 
Additional Matters Considered. In regard to all applications involving an historic landmark, additional pertinent matters may be considered, except that interior arrangement shall not be a factor.
b. 
Payment of Taxes. Every application for site plan approval shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on such property, any approval or other relief granted shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such a manner that the municipality will be adequately protected.
c. 
Planning Board Approval. The Planning Board shall, within 45 days after receipt of the material, approve or disapprove the proposed development or construction. In the event of disapproval, the reason shall be stated clearly to the Zoning Officer, in writing. The Zoning Officer shall deny a zoning permit for the proposed use until the conditions, as the disapproval is based upon, have been corrected and written approval of the Planning Board is obtained.
d. 
Site Plan Approval and Conditional Uses. Where both site plan approval and a conditional use are required, a joint application may be submitted, provided that all conditions for both site plan approval and the conditional use are met and the total fees required for both procedures are paid.
e. 
Temporary Use and Conditional Use Permits.
1. 
All applications for temporary use permits and conditional use permits shall be submitted on official forms made part of this chapter. Twelve copies shall be submitted to the administrative officer at least 20 days prior to but no more than 28 days prior to the Planning Board or Zoning Board meeting at which consideration is desired. One copy of all materials so submitted shall be forwarded to the Zoning Officer and two copies to the City Engineer by the administrative officer. The administrative officer shall immediately notify the Secretary of the Board having jurisdiction over the matter.
2. 
The Board having jurisdiction over the matter shall conduct a public hearing in accordance with the procedures and requirements established by law. In approving an application, the Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety or general welfare of the public.
(a) 
If an application is approved, the Zoning Officer shall be furnished with a copy of the approving resolution of the Board, and he shall issue the permit applied for in accordance with the conditions imposed.
(b) 
If any application is disapproved, the reasons for denial shall be set forth in the disapproving Board's resolution, and a copy of the resolution shall be submitted to the Zoning Officer.
(c) 
The Zoning Officer shall transmit one copy of all approved applications to the Tax Assessor, and, with respect to applications heard by the Zoning Board, he shall transmit one copy of all approved and denied applications to the Planning Board.
(d) 
Upon obtaining a temporary or conditional use permit, the applicant may then apply to the Building Inspector for a building permit and certificate of occupancy, in the manner prescribed in the Building Code.
f. 
Application Details. The materials to be submitted with each application for a zoning permit, temporary use permit or conditional use permit shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building. As a minimum, the application shall include the following information and plans for both before and after conditions:
1. 
The location, use, design and dimensions and height of each use and building.
2. 
The location and arrangement of vehicular accessways and the location, size and capacity of all areas used for off-street parking, loading and unloading. All driveways shall have a minimum width of at least 14 feet.
3. 
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
4. 
The design and treatment of open areas, buffer areas and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices.
5. 
Provisions for water supply, sewage disposal and storm drainage.
6. 
Sufficient data to indicate the traffic and congestion likely to be produced by the proposed use.
7. 
Other data and plans as the Zoning Officer or the Board before which such application is heard may require to properly take action on the application.
g. 
Duties After Completion of Construction. Upon completion of the erection or alteration of any building or structure thereof authorized by any permit and prior to occupancy or use of the same, the holder of such permit shall notify the Zoning Officer of such completion. Permit holders completing new construction shall submit an as-built survey of the property. In all cases, the holder of the permit shall be responsible for cleaning and removal of any debris caused by the construction in question and the final grading of the property. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the requirements of this subsection have been met and that the work has been inspected and approved as being in conformity with the provisions of all applicable laws and ordinances and has issued a zoning certificate of compliance. No fee for the issuance of said certificate of compliance shall be charged, provided that the Zoning Officer finds that all requirements of this subsection have been met on his first visit to the site following the application for said certificate. If, by virtue of the failure of the applicant to meet the requirements of this subsection, subsequent visits on the part of the Zoning Officer are required, a fee equal to $10 for each said subsequent visit shall be charged and shall be paid before said certificate of compliance shall be issued.
h. 
Informal Review Process. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. Any applicants requesting an informal review must comply with the following procedure:
1. 
Submit 18 copies of the informal review application;
2. 
Submit 18 copies of all plans and drawings, which plans and drawing must include the requirements as shown below.
3. 
Fees for review must be submitted at the time of application (see Schedule of Fees and Deposits).[1]
[1]:
Editor's Note: Said Schedule of Fees and Deposits is included at the end of Ch. 9, Land Subdivision.
4. 
Applications and supporting material must be separated into 18 sets, with each set containing copies of all submittals;
5. 
Application packages must be submitted at least 20 days prior to public hearing.
6. 
Any plan/drawing submitted for informal review shall be true and accurate and clearly and legibly drawn or reproduced at a scale of not smaller than one inch equals 100 feet on a sheet of paper not less than 8.5 inches by 11 inches. The plans and drawings shall, at a minimum, contain the following information:
(a) 
Each block and lot involved numbered in conformity with the municipal Tax Map;
(b) 
The location of existing and proposed property lines with dimensions in feet;
(c) 
The zoning district in which the parcel is located, indicating all setbacks, lot coverage, height, floor area ratio and density, both as to required and proposed. The foregoing shall be indicated both as text and graphically;
(d) 
The number of lots resulting from a subdivision, including areas of each in acres if over one acre and in square feet if under one acre;
(e) 
All natural and artificial watercourses, streams, shorelines and water boundaries and encroachment lines;
(f) 
All areas to be disturbed by grading or construction;
(g) 
The location of existing structures and their setbacks from existing and proposed property lines;
(h) 
The location of existing easements or rights-of-way, including power lines;
(i) 
The location of existing railroads, bridges, culverts, drainpipes, water and sewer mains and other man-made installations affecting the tract;
(j) 
The location of existing wells and septic systems;
(k) 
The plans and profiles of proposed utility layouts, such as sewers, storm drains, water, gas, communications and electric, showing feasible connection to existing and proposed utility systems;
(l) 
The location, names and widths of all existing and proposed streets on the property and within 200 feet of the tract.
10-11.5. 
Powers of Board of Adjustment. The Zoning Board of Adjustment shall have those powers as delineated to it under the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40: 55D-1 et seq., including all amendments or supplements to such law heretofore or hereinafter enacted.
10-11.6. 
Appeals. Appeals to the Board of Adjustment or to the Planning Board may be taken in accordance with the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., including any supplements or amendments heretofore or hereafter made thereto, in the manner set forth under such statute.
a. 
Payment of Taxes. Every application for variances, appeals or conditional use permits shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject matter of such application; or, if it is shown that the taxes or assessments are delinquent on the property, any approvals or other relief granted by the Board having jurisdiction thereof shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the City will be adequately protected.
b. 
List of Owners for Notice. The City Clerk shall, within seven days after receipt of a request therefor and upon receipt of the payment of the fee of $10, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice.
c. 
(Reserved)[2]
[2]:
Editor's Note: Former Subsection c, Fees, was repealed 10-1-1986 by Ord. No. 86-10.
d. 
An application for a zoning variance shall not be deemed complete unless submitted on the official forms entitled "notice of filing" and the official forms entitled "application for zoning variance," which forms must be fully completed.
10-11.7. 
Duration of Zoning Variances, Conditional Use Permits and Site Plan Approval.
a. 
If, after a zoning variance, conditional use permit or site plan approval has been authorized by the Zoning Board or Planning Board, the appropriate permit is not lifted and executed by the applicant within a period of one year from the date of the authorization and if construction under the permit does not proceed diligently and is not completed within that time, then such authorization shall be null and void; provided, however, that the holder of such a permit shall be entitled to renew the same for one additional year upon application to the Zoning Officer and payment of a renewal fee of $25. At the expiration of the renewal permit, under which the work or use authorized thereunder has not been completed, the applicant must reapply for a new zoning variance, conditional use permit or site plan approval under the existing law before proceeding further.
b. 
At the time of application, the applicant may request a period of time in excess of one year to construct the proposed structure. The Board having jurisdiction thereof after considering the nature of the structure may include such longer period of time as it deems necessary and reasonable in the permit. If not so included, the applicant shall have a period of one year to complete construction.
c. 
A variance or a conditional use permit shall be deemed to be abandoned when the tenant or owner displays intent of cessation through inactivity or the display of an unspecified "for sale" or "for rent" sign or a combination of any of these for a period of more than two years.
10-11.8. 
Exercise by Planning Board of Powers of Board of Adjustment. Effective as of January 1, 1998, the City of Estell Manor exercises the option provided by N.J.S.A. 40:55D-25c, and, accordingly, the Zoning Board of Adjustment is terminated; provided, however, that in accordance with N.J.S.A. 40:55D-72.1, any application for development submitted to the Zoning Board of Adjustment pursuant to lawful authority before the effective date of this ordinance[3] may be continued at the option of the applicant, and the Board of Adjustment shall have every power which it possessed before the effective date of this ordinance in regard to the application.
[3]:
Editor's Note: "This ordinance" refers to Ord. No. 97-6, adopted 11-5-1997.
10-11.9. 
Pinelands Area Procedures.
a. 
Applicability of Procedures.
1. 
No person shall carry out any development within the Pinelands Area without obtaining development approval in accordance with the procedures set forth in this section.
2. 
Except as provided in Subsection a3 below, the following shall not be subject to the procedures set forth in this section:
(a) 
The improvement, expansion or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenances thereto;
(b) 
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling;
(c) 
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
(d) 
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
(e) 
The repair of existing utility distribution lines;
(f) 
The clearing of less than 1,500 square feet of land;
(g) 
The demolition of any structure that is less than 50 years old;
(h) 
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;
(i) 
The repair or replacement of any existing on-site wastewater disposal system;
(j) 
The repaving of existing paved roads, provided that no increase in the paved width of said roads will occur;
(k) 
The clearing of lands solely for agricultural purposes;
(l) 
Fences, provided that no more than 1,500 square feet of land is to be cleared;
(m) 
Above-ground telephone equipment cabinets;
(n) 
Tree pruning;
(o) 
The following forestry activities:
(1) 
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.
(2) 
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.
(3) 
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 planning activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(4) 
Forest stand improvement designed 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.
(p) 
Prescribed burning and the clearing and maintaining of fire breaks.
(q) 
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to Section 10-8.5a.
3. 
The exceptions contained in Subsection a2 above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C 7:50-6.154 or to any landmark designated in accordance with Subsection 10-6.6 hereof.
4. 
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
b. 
Application Requirements for Minor Development.
1. 
Any application for approval of minor development shall be on the official forms prescribed in Subsection 9-3.2 of the Administrative Code of the City of Estell Manor. To the extent that the following information is not contained on the official forms, the same shall be included by way of addendum or supplement.
(a) 
The applicant's name and address and his interest in the subject property;
(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) 
A description of all existing uses of the subject property;
(d) 
A brief written statement generally describing the proposed development;
(e) 
A United States Geological Survey Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown;
(f) 
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:
(1) 
On-site treatment facilities: location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
(2) 
In the case of new structures, soil borings and percolation tests; if on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes indicating where groundwater was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Subsection 10-8.5f.
(g) 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;
(h) 
A soils map, including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development;
(i) 
A map showing existing vegetation, identifying predominant vegetation types in the area and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;
(j) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations; and
(k) 
When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to Subsection e below.
(l) 
In lieu of Subsection a2(a) through (k) above, the application requirements of Section 10-11.9.b.2 shall apply to applications for development of a single-family dwelling on an existing lot of record.
[Added 7-20-1999 by Ord. No. 0-6-99]
2. 
Procedures for applications for the development of a single-family dwelling.
[Added 7-20-1999 by Ord. No. 0-6-99]
(a) 
The Zoning Officer is hereby authorized and directed to issue preliminary zoning permits as a prerequisite to the issuance of a construction permit or other permits or approvals which are needed to develop a single-family dwelling on an existing lot of record within the City of Estell Manor.
(b) 
Applications for a preliminary zoning permit.
(1) 
An application for a preliminary zoning permit shall be submitted to the Zoning Officer and shall include the following:
[a] 
The applicant's name and address and his interest in the subject property.
[b] 
The applicant's signed certification that he is duly authorized to submit the application, that the materials and information are accurate and that duly authorized representatives of the City of Estell Manor and Pinelands Commission are authorized to inspect the property.
[c] 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
[d] 
The street address, if any, the Tax Map sheet and block and lot number of the property.
[e] 
Proof that taxes for the property have been paid.
[f] 
Acreage of the property in square feet.
[g] 
A dated plot plan, with the scale noted, showing:
[1] 
The zoning district in which the property is located.
[2] 
The location and dimensions of all property lines, easements affecting the property and streets abutting the property.
[3] 
The location of all yards and setbacks required pursuant to Chapter X.
[4] 
The location and use of all existing structures and improvements on the property and their intended disposition.
[5] 
A building envelope within which the single-family dwelling is to be located.
[6] 
The location and dimensions of the proposed driveway.
[7] 
The location and dimensions of any proposed accessory structures or improvements.
[8] 
The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located.
[9] 
The location of any proposed water supply well.
[h] 
If proposed, certification that central sewer and/or water service are available.
[i] 
If development of the property is proposed in accordance with the density transfer program of Section 10-7.11e, the street address, if any, the Tax Map sheet, block and lot number and acreage in square feet of the noncontiguous property.
(2) 
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapter X. Such may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of Chapter X.
(3) 
The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapter X.
(4) 
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant of any additional information which is necessary to complete the application.
(c) 
Permit decisions. Within 14 days of determining an application to be complete, the Zoning Officer shall issue either a preliminary zoning permit or a refusal to issue a preliminary zoning permit.
(d) 
Preliminary zoning permit.
(1) 
A preliminary zoning permit shall be issued if:
[a] 
The application is consistent with the requirements of Chapter X or any necessary variance from those requirements has been obtained; and
[b] 
No waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan is necessary or any such waiver has been approved by the Pinelands Commission; and
[c] 
A duly authorized representative of the Pinelands Commission approves the Zoning Officer's determination and so signifies by signing the preliminary zoning permit.
(2) 
A preliminary zoning permit shall expressly incorporate the plot plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with Chapter X and shall specify the expiration date of the permit.
(3) 
The Zoning Officer shall provide copies of the application and the preliminary zoning permit to the Pinelands Commission within five days of the issuance of the permit.
(e) 
Effect of preliminary zoning permit.
(1) 
A preliminary zoning permit represents a determination that the application meets the requirements of Chapter X of the Revised General Ordinances of the City of Estell Manor and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2) 
A preliminary zoning permit shall be valid for two years and shall, during that period, confer the following rights and privileges:
[a] 
The approved application shall not be subject to any substantive revisions of Chapter X of the Revised General Ordinances of the City of Estell Manor or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
[b] 
Any subsequent approvals necessary for the development of the single-family dwelling on the property may be sought without the need for a certificate of filing from the Pinelands Commission.
(3) 
Any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decision requirements of Section 10-11.9d through g.
(f) 
Refusal to issue preliminary zoning permit.
(1) 
The Zoning Officer shall issue a refusal to issue a preliminary zoning permit if any of the following are found to apply:
[a] 
A variance from Chapter X of the Revised General Ordinances of the City of Estell Manor is required;
[b] 
A variance from Chapter X of the Revised General Ordinances of the City of Estell Manor is not required, but the Zoning Officer determines that the application does not meet any requirement of Chapter X that reflects a provision of the Pinelands Comprehensive Management Plan;
[c] 
A waiver of strict compliance from the Pinelands Comprehensive Management Plan is required; or
[d] 
The duly authorized representative of the Pinelands Commission has not attested to the consistency of the application with the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2) 
A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicated solely upon the need to obtain a variance from Chapter X, the refusal shall also indicate that upon the applicant's submission of evidence of Planning Board approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Subsection (d) above.
(3) 
When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from Chapter X, the Zoning Officer shall provide copies of the application and the refusal to the Pinelands Commission within five days of the issuance.
(4) 
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon Subsection (f)(1)[b], [c] or [d] above, the Zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq. and Sections 10-11.9b.1 and 10-11.9d through g of Chapter X of the Revised General Ordinances of the City of Estell Manor. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
(g) 
Zoning Officer vacancy. Should the position of Zoning Officer become vacant for any reason, the application procedures set forth in Section 10-11.9b.2 shall be of no force or effect and the procedures of Section 10-11.9b.1 shall apply until the position has been filled.
c. 
Application Requirements for Other Development.
1. 
All applications for major development, other than forestry and resource extraction operations, to the extent not set forth in the official forms required under Subsection 9-3.2 of the Administrative Code of the City of Estell Manor, shall be accompanied by the information required in N.J.A.C 7:50-4.2(b)5, as well as the following:
(a) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations; and
(b) 
When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to Subsection e below.
2. 
An application for approval of forestry operations shall be subject to the application requirements set forth in Section 4-4 of the General Revised Statutes of the City of Estell Manor.
3. 
An application for approval of resource extraction operations shall be subject to the application requirements set forth in Subsection 10-9.15a of this chapter and Section 8-3 of the General Revised Statutes of the City of Estell Manor.
d. 
Notices to the Pinelands Commission.
1. 
Application Submission and Modifications. Written notification will be given by the Administrative Officer to the Pinelands Commission with 14 days after determination is made by the approval agency that an application for development is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall include:
(a) 
A copy of the resolution of the approval agency.
(b) 
To the extent that the same is not included in the Resolution:
(1) 
The name and address of the applicant;
(2) 
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(3) 
The date on which the application or any change thereto was filed and any application number or other identifying number assigned to the application by the approval agency;
(4) 
Any written reports received by the approval agency on the application for development which have not been previously submitted to the Commission:
(5) 
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plan or reports;
(6) 
The nature of the municipal approval being sought;
(7) 
The date of adoption of the resolution referred to in Subsection d1(a).
(c) 
This provision shall not prevent the approval agency from determining the application on its merits at the time the application is deemed complete, provided that the provisions of Subsection d2 hereunder have been carried out by the applicant.
2. 
Meetings and Hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by regular mail or delivery of the same to the principal office of the Commission at least six days prior to such meeting or hearing. Such notice shall contain at least the following information:
(a) 
The name and address of the applicant;
(b) 
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(c) 
The date, time and location of the meeting, hearing or other formal proceeding;
(d) 
The name of the approval agency or representative thereof which will be conducting the meeting, hearing or other formal proceeding;
(e) 
Any written reports or comments received by the approval agency on the application for development which have not been previously submitted to the Commission; and
(f) 
The purpose for which the meeting, hearing or other formal proceeding is to be held.
(g) 
A copy of the notice to the Pinelands Commission and proof of service thereon shall be filed with the Solicitor of the approval agency at least one week prior to the meeting date.
3. 
Notice of Approvals and Denials. The Pinelands Commission shall be notified of all approvals or denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the receipt of formal written notice of the approval, give notice by certified mail to the Pinelands Commission. Such notice shall contain the following information:
(a) 
The name and address of the applicant;
(b) 
The location, including tax lot and block number and street address, if any, of the property;
(c) 
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued, if any;
(d) 
The date on which the approval agency's approval or denial was issued;
(e) 
Any written reports or comments received concerning the application for development approval not previously submitted to the Commission;
(f) 
Any revisions to the application not previously submitted to the Commission;
(g) 
To the extent known by the applicant or recorded in the minutes of the approval agency, the names and addresses of all persons who actively participated in the proceedings.
(h) 
A copy of said notice, together with proof of service thereof, shall be filed with the approval agency within two weeks of the notification of same.
4. 
Except as provided in Section 10-11.9b.2, the requirements of Section 10-11.9d shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added 7-20-1999 by Ord. No. 0-6-99]
e. 
Review by Pinelands Commission.
1. 
Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection d3 above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the city shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
2. 
Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of the local approval under this section.
3. 
Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
4. 
Except as provided in Section 10-11.9b.2, the requirements of Section 10-11.9e shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added 7-20-1999 by Ord. No. 0-6-99]
f. 
Condition on Prior Approvals of the City. Where a prior approval has been granted by the city, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
1. 
Notification is received from the Pinelands Commission that review of the city's approval is not required; or
2. 
Review of the city's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 4.42 and a final order regarding the approval is received by the city from the Pinelands Commission.
3. 
Proof that any adverse determination of the Pinelands Commission has been reversed by an administrative or judicial body having power to do the same and that no further appeal is pending and that all time limitations for said appeal have expired.
The above provisions shall not, however, prevent the approval agency from modifying the prior approval, provided that there shall be no subsequent approval of an application for development until the above conditions are met.
Except as provided in Section 10-11.9b.2, the requirements of Section 10-11.9f shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added 7-20-1999 by Ord. No. 0-6-99]
g. 
Effect of Pinelands Commission Decision on City Approval. All approvals of applications for variances, site plan approvals or conditional use permits shall be conditioned upon the Pinelands Commission not disapproving the application for the same. No such approval shall be final until notification is received by the Commission that it approves the same or until the provisions of the New Jersey Administrative Code shall have been met, whichever shall later occur. The Commission shall also grant preliminary approval subject to one or more conditions. In such case, the approval agency may, within 60 days, modify its prior approval to include some or all of the conditions imposed by the Commission. If the approval agency does not accept all of the conditions so imposed, the application shall be considered to have been rejected.
h. 
Participation of Pinelands Commission in Public Hearings. The Pinelands Commission may participate in a hearing held in the city involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
i. 
Environmental Commission Review. All applications for major development, forestry and resource extraction shall be referred to the Environmental Commission for review and comment, if the same be established.
j. 
Public Development. All development proposed by the city or any agency thereof will comply with all the requirements for public development in N.J.A.C. 7:50-4.51 et seq. and, unless a variance be obtained, all the standards set forth in this chapter.
k. 
Amendments. In amending this chapter, or any other chapter of the General Revised Ordinances, the city shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
10-11.10. 
Fees for Applications. All applications for a variance, conditional use permit or site plan approval shall be accompanied by the fee and deposit required in Subsection 9-5.7 of the Administrative Code of the City of Estell Manor.

10-12 Violations and Penalties.

10-12.1. 
Zoning Officer. This chapter shall be enforced by the Zoning Officer as provided by law. Where financial security is involved, the Zoning Officer shall be furnished with written proof that the required and proper clearance has been authorized. The owner or agent of a building or premises where a violation of the provisions of the regulations shall have been committed or shall exist or the lessee or tenant of any part of the building or premises in which the violation shall have been committed or shall exist or the agent, architect, building contractor or any other workman or person who shall commit, take part or assist in any violation or who shall maintain any building or premises in which any violation of this chapter shall exist, the provisions of Section 3-6 shall apply.
10-12.2. 
Aiding in Violations. Not only the owner or owners of the land in question shall be guilty of a violation of this chapter if they suffer or permit any of the acts herein prohibited to be done to or upon their lands, but any officers, agents, employees or independent contractors of any land owners who, directly or indirectly, aid or abet such acts or who authorize or direct or supervise such acts or bring in or upon the land or use or operate any truck, bulldozer, shovel or other equipment in performing any of the acts prohibited hereunder shall also be guilty of a violation of this chapter and, upon conviction, shall be subject to the penalties provided herein.
10-12.3. 
Penalties. The penalties for violations found under this chapter shall be one or more of the following: imprisonment for a term of up to 90 days; a fine of up to $1,000; or a period of community service of up to 90 days. Each day that a violation is found to have existed under this chapter shall be considered as a separate violation.

10-13 Interpretation and Conflict With Other Laws.

a. 
All standards set up in this chapter are to be interpreted as minimum standards required. Nothing herein contained shall be construed to prohibit or prevent the use of higher standards.
b. 
Whenever any provisions set forth in this chapter are to be found in conflict with mandatory state or federal laws, the mandatory state or federal laws shall govern and this chapter shall be construed accordingly so that conflict shall not affect the validity of this chapter.

10-14 Ancillary Powers.

Wherever, pursuant to the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.R.S.A. 40:55D-1 et seq., powers ordinarily given to the Zoning Board or the Planning Board may be exercised by the other under its ancillary powers, the same shall be exercised in the same manner and with the same effect as if such powers were being exercised by the Board to whom they are ordinarily delegated.

10-15 Pending Applications.

All applications for development filed prior to February 28, 1978, may be continued, but any appeals arising out of decisions made on such application shall be governed by the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq.

10-16 Contribution Disclosure.

[Added 7-5-2000 by Ord. No. 0-5-00]
10-16.1. 
Short Title. This section shall be known as the "Contribution Disclosure Ordinance."
10-16.2. 
Purpose. Whereas, municipal Master Plans include well thought out, long-term decisions about the development capacity of community; and whereas, municipal Master Plans are implemented through the enactment of local land use ordinances; and whereas, deviations from these local ordinances by way of variances pursuant to N.J.S.A. 40:55D-70d provide opportunities for significant private gain; and whereas, openness in government and a fair and impartial variance application process are crucial to assuring the continuing integrity of the municipal Master Plan, its implementing ordinances and the integrity of the variance application process; and whereas, disclosure of political contributions by property owners, developers and professionals will enhance the township's existing commitment to openness in government and provide further guaranties for a fair and impartial variance application process; and whereas, disclosure of political contributions by property owners, developers and professionals will effectuate the purposes of the Municipal Land Use Law to promote morals and the general welfare; therefore, it is accordingly found and determined that the paramount public interest in enhancing the township's commitment to openness in government, in providing further guaranties for a fair and impartial variance application process and in promoting morals and the general welfare through the integrity of the municipal planning process requires the supplementation of the municipal application checklist to mandate the listing of specified political contributions made by property owners, developers and the professionals whose services they use in applications for major zoning variances.
10-16.3. 
Definitions.
APPLICATION CHECKLIST
The list of submission requirements adopted by ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3.
DEVELOPER
A developer as defined by N.J.S.A. 40:55D-4, i.e., the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
PROFESSIONAL
Any person or entity whose principals are required to be licensed by New Jersey law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.
CONTRIBUTION
Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of the section, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.
CONTRIBUTION DISCLOSURE STATEMENT
A list specifying the amount, date and the recipient of any and all Contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee, of or pertaining to, this municipality, made up to one year prior to filing the variance application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.
10-16.4. 
General Provisions.
a. 
Disclosure Requirements.
1. 
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d shall include in the application contribution disclosure statements for all developers; all associates of said developers who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and all professionals who apply for or provide testimony, plans or reports in support of said variance and who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application. Regardless of whether the owner of the property which is the subject of the variance application falls in any of the categories established in the preceding sentence, the applicant shall include in the application a contribution disclosure statement for said owner.
2. 
During the pendency of the application process until final site plan approval is granted, any applicant for a variance pursuant to N.J.S.A. 40:55D-70d shall amend its contribution disclosure statements to include continuing disclosure of all contributions within the scope of disclosure requirement of the above paragraph.
b. 
Inclusion of Contribution Disclosure Statements as an Element of the Application Checklist.
1. 
An Application Checklist Ordinance is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the contribution disclosure statements specified in Subsection a of this section be submitted by the applicant for a variance pursuant to N.J.S.A. 40:55D-70d.
2. 
The Municipal Planning Board shall amend its Application Checklist for variances pursuant to N.J.S.A. 40:55D-70d to include the contribution disclosure statements specified in Subsection a of this section.
3. 
An application shall not be deemed complete by the administrative official or accepted for public hearing by the municipal agency until the required contribution disclosure statement are submitted.
c. 
Availability of the Disclosure Statement. All contribution disclosure statements shall be available in the office of the administrative officer for review by any member of the public.
d. 
Intent of the Disclosure Statement. It is the intent of this section that the disclosure statement shall serve to inform the public and not serve as evidence relevant to the decision criteria for variance applications pursuant to N.J.S.A. 40:55D-70d.