City of Estell Manor, NJ Article V Zone District Use Regulations

§ 380-10 R-25 Rural Residence Zone.

[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 83-4; Ord. No. 85-4; Ord. No. 85-9; Ord. No. 89-4; Ord. No. 92-1; Ord. No. 92-4; Ord. No. 94-9; Ord. No. 97-3]

A. Permitted uses.

(1) One-family detached dwellings, provided that clustering of the permitted dwellings shall be required in accordance with § 380-42N whenever two or more units are proposed as part of a residential development.

[Amended 11-14-2018 by Ord. No. 04-2018]

(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 10A, 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. 8:22-1.2, are modified as follows:

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.

OWNER

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:

[i] Out-of-the-box screen rooms and screen tents.

[ii] 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 listed in Subsection A(5)(h)[1][a], [b] and [c] are met, the Municipal Zoning Officer will do a compliance inspection of the campground.

(6) Forestry, in accordance with Chapter 357, Trees, Article II, Tree Cutting and Forestry, of the 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 § 380-42F(4)(b).

(4) Private garages and carports.

(5) Off-street parking facilities as permitted by § 380-40.

(6) Signs, subject to the provisions of § 380-38.

(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 Chapter 315, Soil Removal, of this Code and the provisions of § 380-60, Resource extraction. 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.

(5) One-family detached dwellings that are non-clustered in accordance with § 380-63.

[Added 11-14-2018 by Ord. No. 04-2018]

D. Yard, area and bulk requirements, as specified in the schedule.[1]

[1] Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to this chapter.

§ 380-11 R-10 Residence Zone.

[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 83-4; Ord. No. 85-4; Ord. No. 91-6; Ord. No. 93-9]

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. Clustering of one-family detached dwellings shall be required in accordance with § 380-42N whenever two or more units are proposed as part of a residential development.

[Amended 11-14-2018 by Ord. No. 04-2018]

(2) One-family detached dwellings on lots of at least one acre in accordance with § 380-33E of this chapter.

B. Conditional uses.

(1) Places of worship.

(2) Resource extraction, other than sandwashes, subject to the regulations set forth in § 380-60, Resource extraction. Sandwashes are prohibited.

(3) Public, parochial or private schools for day students.

(4) One-family detached dwellings that are non-clustered in accordance with § 380-63.

[Added 11-14-2018 by Ord. No. 04-2018]

C. Yard, area and bulk requirements as specified in schedule.[1]

[1] Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to this chapter.

§ 380-12 RV Village Residence Zone.

[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 83-4; Ord. No. 85-4; Ord. No. 85-9; Ord. No. 89-4; Ord. No. 91-6]

A. Permitted uses. 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) Confectionery 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.[1]

[1] Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to this chapter.

§ 380-13 R-5 Residence Zone.

[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 83-4; Ord. No. 85-4; Ord. No. 85-9; Ord. No. 91-6]

A. Permitted uses. 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. Clustering of one-family detached dwellings shall be required in accordance with § 380-42N whenever two or more units are proposed as part of a residential development.

[Amended 11-14-2018 by Ord. No. 04-2018]

B. Conditional uses.

(1) Home crafts.

(2) Home professional offices.

(3) One-family detached dwellings that are non-clustered in accordance with § 380-63.

[Added 11-14-2018 by Ord. No. 04-2018]

C. Yard, area and bulk requirements, as specified in the schedule.[1]

[1] Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to this chapter.

§ 380-14 SD Special District.

[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 85-9; Ord. No. 93-9; Ord. No. 97-3]

A. Permitted uses.

(1) One-family detached dwellings, provided that clustering of the permitted dwellings shall be required in accordance with § 380-42N whenever two or more units are proposed as part of a residential development.

[Amended 11-14-2018 by Ord. No. 04-2018]

(2) One-family detached dwellings on lots of at least one acre in accordance with § 380-33E 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.

(3) One-family detached dwellings that are non-clustered in accordance with § 380-63.

[Added 11-14-2018 by Ord. No. 04-2018]

§ 380-15 HC Highway Commercial Zone.

[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 83-4; Ord. No. 85-4; Ord. No. 85-9; Ord. No. 89-4; Ord. No. 91-6; Ord. No. 96-2; Ord. No. 97-3]

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 § 380-15A(1) through (27) 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 § 380-42F(4)(b) of this chapter.

(2) Private garages and carports.

(3) Off-street parking facilities as permitted by § 380-40.

(4) Signs subject to the provisions of § 380-38.

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 § 380-42F(4)(b).

(2) Motor vehicle service stations and tire and battery sales and services, subject to the requirements of § 380-54.

D. Yard, area and bulk requirements. As specified in the schedule.[1]

[1] Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to 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.

§ 380-16 C Conservation Zone.

[Added by Ord. No. 82-6; amended by Ord. No. 83-4; Ord. No. 89-4; Ord. No. 93-9; Ord. No. 97-3]

A. Permitted uses.

(1) Berry agriculture and horticulture of natural Pinelands species in accordance with the provisions of § 380-42 of this chapter.

(2) Forestry, provided that all licenses required by Chapter 357, Trees, Article II, Tree Cutting and Forestry, of the Code of the City of Estell Manor are obtained.

(3) Fish and wildlife management, subject to the provisions of § 380-59 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 § 380-59 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 § 380-42F(4)(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, provided that clustering of the permitted dwellings shall be required in accordance with § 380-42N whenever two or more units are proposed as part of a residential development.[1]

[Amended 11-14-2018 by Ord. No. 04-2018]

[1] Editor's Note: See the Revised Schedule of Yard, Area and Bulk Requirements which is included as an attachment to this chapter.

B. Permitted accessory buildings and structures. 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.

(4) One-family detached dwellings that are non-clustered in accordance with § 380-63.

[Added 11-14-2018 by Ord. No. 04-2018]

§ 380-17 FH Flood Hazard Zone.

[Added by Ord. No. 82-6; amended by Ord. No. 83-4]

A. Permitted uses.

(1) All uses permitted in the C Conservation Zone, subject to the provisions of §§ 380-35 and 380-59 of this chapter, as amended by this ordinance.[1]

[1] Editor's Note: "This ordinance" refers to Ord. No. 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 § 380-59.

(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 § 380-59.

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 §§ 380-35 and 380-57 of this chapter.

§ 380-18 AP Agricultural Production Zone.

[Added by Ord. No. 83-4; amended by Ord. No. 85-4; Ord. No. 89-4; Ord. No. 91-11; Ord. No. 92-4; Ord. No. 93-9; Ord. No. 97-3]

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 unit 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 A(1) 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 357, Trees, Article II, Tree Cutting and Forestry, of the Code of the City of Estell Manor are obtained.

(6) Fish and wildlife management and wetlands management.

[Amended 11-14-2018 by Ord. No. 04-2018]

(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 by impermeable surfaces.

[Amended 11-14-2018 by Ord. No. 04-2018]

(8) Pinelands development credits, in accordance with § 380-44.

(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 § 380-18A(1) 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 § 380-18A(1) above.

(d) The applicant purchases and redeems 0.25 Pinelands development credit.

(e) Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 380-44C 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 § 380-42F(4)(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.[1]

[1] Editor's Note: Former Section 10-6.4Cc3 of the 1974 Revised General Ordinances, dealing with the AP Zone, which previously followed this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

D. Yard, area and bulk requirements, as specified in the schedule.[2]

[2] Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to this chapter.

§ 380-19 Regulations applicable to special industrial developments in HC Zone.

[Amended by Ord. No. 79-22; Ord. No. 82-6; Ord. No. 89-4; Ord. No. 97-3]

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 § 380-40.

(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 § 380-42F(4)(b).

C. Conditional uses. (See Article VIII.)

(1) Public service infrastructure.

D. Height, area and bulk requirements. As specified in the schedule.[1]

[1] Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to this chapter.

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 § 380-39.[2]

[2] Editor's Note: Former Section 10-6.6, Regulations Applicable to Special Residential Developments in the R-2 and R-3 Residential Zones, of the 1974 Revised General Ordinances, as amended, which previously followed this section, was repealed by Ord. No. 82-6.

§ 380-20 Historic preservation.

[Amended by Ord. No. 79-22; Ord. No. 82-6; Ord. No. 84-10; Ord. No. 86-10; Ord. No. 89-4; Ord. No. 90-5; Ord. No. 97-3]

A. Intent. It is the purpose and intent of this section 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 § 380-20 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 Board.

(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.[1]

[1] Editor's Note: Original Sec. 10-6.6.d.3, providing expiration of member terms, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) A member of the Historic Preservation Commission may, after public hearing if he requests it, be removed by the governing body for cause.

(8) 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.

(9) 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 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 on applications for development pursuant to § 380-20D(11).

(e) Carry out such other advisory, educational and informational functions as will promote the historic preservation in the municipality.

(10) The Planning Board shall refer to the Historic Preservation Commission every application for development submitted to the 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.

(11) 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 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.

(12) 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.[2]

[2] Editor's Note: Former Subsection 10-6.6f of the 1974 Revised General Ordinances, dealing with ancillary powers of the Zoning Board, which previously followed this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

F. 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 Article II of this chapter 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 § 380-20F(3) 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 H 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 F(1) 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.

G. 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 § 380-20F(2) hereof.

(5) Action on the application for an amendment to the designation list and map shall be taken in accordance with § 380-20F(1) through (9) hereof.

H. 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 archaeological 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 H(1) above. 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.

[Amended 11-5-1997 by Ord. No. 97-6]

(3) Following receipt of the report of the Historic Preservation Commission, the Planning Board shall take action on the application for a certificate of appropriateness. In taking said action, the Planning Board 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 H(1) 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.

[Amended 11-5-1997 by Ord. No. 97-6]

(4) Repair of a landmark or Pinelands-designated site as defined in Article II 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 H(15) shall apply for such applications subject to Pinelands Commission review.

(6) The Planning Board shall make available to the Historic Preservation Commission a copy of every application submitted to the 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.

[Amended 11-5-1997 by Ord. No. 97-6]

(7) All applicants shall pay a fee to the Historic Preservation Commission for preliminary review, as provided in Chapter 185, Article III, Fees for City Services.

(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 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.

[Amended 11-5-1997 by Ord. No. 97-6]

(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 § 380-77D 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 H(1) hereof.

(10) In the event that no permit is otherwise required for an activity governed by Subsection H(1) hereof, the applicant shall apply directly to the Planning Board for a certificate of appropriateness and shall provide the information listed in Subsection H(8)(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.

[i] 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 CFR Part 67); and the structure or feature must be protected sufficiently to preserve those qualities that make it significant.

[ii] 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.

[i] 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.

[ii] The archaeological resource shall be incorporated into open space whenever project designs or land use activities permit.

[iii] 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.

[i] Subdivision, for purposes of new construction, shall not be permitted unless the information required in Subsection H(9) hereof indicates that the proposed work is consistent with the requirements of this section.

[ii] Subdivision for purposes other than new construction shall not be subject to the provisions of this chapter.

[e] Preservation at another location:

[i] 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 Part 67), and the structure or feature must be protected and maintained sufficiently to preserve those qualities that make it significant.

[ii] 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.

[iii] 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.

[iv] 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 § 380-20H(11)(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 CFR Part 66).[3]

[3] Editor's Note: See 48 FR 44716-01, 1983 WL 113234.

(12) Within 45 days of the receipt of the report of the Historic Preservation Commission as set forth in Subsection H(2), 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 H(15) 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 H(8)(f) hereof shall be submitted to the Pinelands Commission for its review pursuant to § 380-77D 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 § 380-77D 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 H 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 or Historic Preservation Commission on a certificate of appropriateness.

[Amended 11-5-1997 by Ord. No. 97-6]

I. Interpretive statement.

(1) In adopting this § 380-20 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.[4]

[4] Editor's Note: See Ch. 155, Construction Code, Art. I, Enforcement.

(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 section 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.

§ 380-21 Manufactured homes.

[Amended by Ord. No. 78-13; Ord. No. 85-9]

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.

§ 380-22 Animals.

[Amended by Ord. No. 78-13; Ord. No. 79-8; Ord. No. 82-6; Ord. No. 83-4]

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/fowl shall be divided into classifications as follows:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(1) Large animals, including cows, bulls, horses, donkeys and ponies.

(2) Medium animals, including sheep, goats and pigs.

(3) Small animals/fowl, including chickens, geese, ducks, rabbits and turkeys.

C. None of the above farm animals/fowl may be raised on any tract consisting of less than two acres.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

D. On any lot consisting of between two acres and up to three acres, one horse or pony may be kept or two medium animals.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

E. On any lot between three acres and up to five acres, two large animals or six medium animals may be kept.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

F. On any lot between five acres and up to 10 acres, four large animals or 12 medium animals may be kept. One additional large animal or three additional medium animals may be kept for each additional two acres over 10 acres.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

G. The number of small animals/fowl may not exceed 20 times the number of medium animals except for turkeys. It shall be unlawful to operate or maintain a commercial turkey farm within the City limits, and it shall be unlawful for any person to raise more than five turkeys at any time.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

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) Fencing requirements.

(a) The total fenced-in area, referred to in Subsection J(3) herein, shall be the sum total of the following:

[1] Each large animal: 4,000 square feet.

[2] Each medium animal: 1,333 square feet.

[3] Each small animal: 66.65 square feet.

(b) 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.