[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 86-10; Ord. No. 93-9]
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 B(1).
(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 G(1)(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 ease 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 I(3) 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, 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. Signs for garage sales shall comply with Chapter 212, Garage Sales, of the Code of the City of Estell Manor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(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.
(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 I(2) 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 as provided in Chapter 185, Article III, Fees for City Services, and, in addition, there shall be an additional fee 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 § 340-14.
(2)
The following types of signs do not require a sign permit, nor shall
a fee be charged for the same:
(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 § 380-38, 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 § 380-38J shall prevent the Pinelands Commission from requiring the removal of any sign that is not then in compliance with the terms of this § 380-38, regulating signs, or any other section of the Code of the City of Estell Manor, as the same may have hereafter been amended, by January 14, 1991.
[Amended by Ord. No. 82-6]
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 § 380-42A of this chapter.
[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 96-2]
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 § 380-40B, 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:
(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 § 380-81, Violations and penalties, of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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 § 380-39. 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.
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 are 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 by 8-2-2006 by Ord. No. 07-2006]
[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 84-10; Ord. No. 89-4; Ord. No. 97-32; Ord. No. 98-2]
In addition to the standards set forth in the Code 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., Title 7, 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 § 340-13F 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:
(3)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection A(4) 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 A(3) 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.
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 water and groundwater 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 water or groundwater 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 Subsection F(4)(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 F(4)(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 F(4)(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 F(4)(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 wastewater,
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 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 F(4)(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 § 380-33E or 380-44.
[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 F(5) 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 wastewater treatment systems which
are intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
[2]
If the proposed development is non-residential and located outside
of the RV zone, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are
met.
[Amended 11-14-2018 by Ord. No. 04-2018]
[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 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 F(4)(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 § 380-33E or 380-44.
(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 groundwater 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 F(4)(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 § 380-33E or 380-44;
[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; and
[Amended 11-14-2018 by Ord. No. 04-2018]
[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 F(4)(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.
[Amended 11-14-2018 by Ord. No. 04-2018[1]]
[1]
Editor's Note: This ordinance also repealed original Subsection
f4(g)(12), which immediately followed this subsection, and which stated
that no system would 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.
(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.[3]
[3]
Editor's Note: Former Subsection 10-8.5g2 of the 1974 Revised
General Ordinances, regarding storage, discharge or disposal of hazardous
waste, which previously followed this subsection, was repealed 7-2-1997
by Ord. No. 97-3.
(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)
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.[4]
[4]
Editor's Note: Former Subsection 10-8.5h1 of the 1974 Revised
General Ordinances, dealing with the Pinelands Area, which previously
preceded this subsection, was repealed 4-5-1989 by Ord. No. 89-4.
(2)
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.
(3)
Aboveground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses in accordance with § 380-42A.
(4)
All electric transmission lines shall be located on existing towers
or underground to the maximum extent practical.
(5)
This Subsection H shall not be construed as amending any of the requirements on the revised Schedule of Yard, Area and Bulk Requirements.[5] To the contrary, the more stringent requirement of this Subsection H or the Revised Schedule of Yard, Area and Bulk Requirements shall apply.
[5]
Editor's Note: The Schedule of Yard, Area and Bulk Requirements
is included as an attachment to this chapter.
I.
Recreation. All recreation areas and facilities in the Pinelands
Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2
and 7:50-6.144(a)1 through 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.
(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 § 380-77A(2) of this chapter where a significant resource has been identified pursuant to Subsection J(3) 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
(4)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection J(3) 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 § 380-20G 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 Part 66).[6]
[6]
Editor's Note: See 48 FR 44716-01, 1983 WL 113234.
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 firefighting 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)
(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 water or groundwater. 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:
(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 § 380-22 of this chapter shall apply, however.
N.
Cluster development in the Pinelands forest area. In the R-25, R-10,
R-5, SD and C Zones, clustering of one-family detached dwellings shall
be required whenever two or more units are proposed as part of a residential
development. The following standards shall apply:
[Added 11-14-2018 by Ord.
No. 04-2018]
(2)
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection N(1) above, with a bonus applied as follows:
|
Parcel Size
|
SD Zone
|
R-5 Zone
|
R-10 Zone
|
|---|---|---|---|
|
<50 acres
|
0
|
0
|
0
|
|
50 to 99.99 acres
|
10%
|
15%
|
20%
|
|
100 to 149.99 acres
|
15%
|
20%
|
25%
|
|
>150 acres
|
20%
|
25%
|
30%
|
(3)
The residential cluster shall be located on the parcel such that
the development area:
(4)
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one acre in size but may be larger
if dictated by unusual site conditions. In no case shall the average
size of residential lots within a cluster exceed 1.1 acres;
(c)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 380-42F(4)(d) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection N(5)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 380-42F(4)(e) or (g). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 380-42F(4)(e) or (g) shall also be permitted;
(d)
The residential cluster development area shall include such
land and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot
lots, swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than one-half acre of land or the equivalent of one acre
of land for every 25 residential lots, whichever is greater.
(5)
The balance of the parcel located outside of the residential cluster
development shall be owned and managed by a duly constituted homeowners'
association, a nonprofit conservation organization, Estell Manor City
or incorporated as part of one of the lots within the cluster development
area.
(a)
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor of Estell Manor City or another public agency or nonprofit organization.
In all cases, such restriction shall be expressly enforceable by the
Pinelands Commission; and
(b)
The deed of restriction shall permit the parcel to be managed
for:
[1]
Low-intensity recreation, ecological management and forestry,
provided that no more than 5% of the land may be cleared, no more
than 1% of the land may be covered with impervious surfaces and any
such uses or activities are approved and conducted in accordance with
the requirements of this chapter; and
[2]
Where agricultural use exists on a parcel proposed for cluster
development, the following standards shall apply:
[a]
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;
[b]
For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for cluster development;
[c]
For those agricultural uses established after April 6,2009 which do not meet the standards of Subsection N(5)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection N(5)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;
[d]
The deed of restriction to be recorded pursuant
to Subsection N(5)(b)[2][a] or [b] above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or 3%, whichever is greater, unless a Resource Management
System Plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
Resource Management System Plan shall be provided. If the deed of
restriction is in favor of Atlantic County or the State Agricultural
Development Committee, evidence of their approval shall also be provided;
and
[e]
For parcels which meet the standards of Subsection
N(5)(b)[2][a] or [b] above, a provision shall be recorded in the deed
for each residential lot within the cluster development area which
acknowledges agricultural use of the protected land outside the cluster
development area and recognizes the legal protections afforded to
that use through the deed of restriction and any applicable statutes.
[Amended by Ord. No. 82-6]
Windmills shall be designed and located so as to minimize noise
and other disturbances to surrounding properties.
[Amended by Ord. No. 83-4; Ord. No. 89-4; Ord. No. 91-2; Ord. No. 91-11; Ord. No. 92-4; Ord. No. 93-9; Ord. No. 94-4; Ord. No. 97-3]
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 § 380-18A(11) 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; wetlands 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; agricultural
products processing facilities; and accessory uses. 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.
[Amended 11-14-2018 by Ord. No. 04-2018]
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 § 380-18 all 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 § 380-77D 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.
[Amended by Ord. No. 94-4]
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.[1]
[1]
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.
[Amended by Ord. No. 96-2]
A.
The purpose of this § 380-46 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.
