Estell Manor City Zoning Code
ARTICLE X
Administration
§ 380-70 Enforcement.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have powers as are conferred upon him by this section and as reasonably may be implied. He shall be appointed by the City Council and shall receive compensation as the City Council shall determine.
§ 380-71 Duties of the Zoning Officer.
It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter. He shall have the right to enter any building or premises during the daytime in the course of his duties.
A.
Written order of violation.
(1)
Where the Zoning Officer, in the course of his duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party in writing to remedy the conditions. The written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for the action, the penalties and remedies which may be invoked by the City and the violator's rights of appeal, all as provided for by this chapter and the laws of the State of New Jersey.
(2)
A copy of the written order shall be transmitted to the Building Inspector, who shall thereupon cause the certificate of occupancy for the building or premises in question to be held null and void. A new certificate of occupancy shall be required for any further use of the building or premises.
B.
A zoning permit, temporary use permit or conditional use permit, as appropriate and provided for elsewhere by this section, shall be a prerequisite to the issuance of a building permit as prescribed by the Building Code for the construction, erection or alteration of any building or part of a building. No such permits shall be issued for any plans which would be in violation of the provisions of this chapter.
C.
The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. The records shall form a part of the records of his office and shall be available for the use of the City Council and other officials of the City, county and state. The records to be maintained shall include at least the following:
[Amended 11-5-1997 by Ord. No. 97-6]
(1)
Application file. An individual permanent file for each application for a permit provided for by this section shall be established at the time the application is made. The file shall contain one copy of the application and all supporting documents, maps and plans, notations regarding pertinent dates and fees; one copy of the resolution of the Planning Board in acting on the application; and the date the permit applied for was issued or denied by the Zoning Officer.
(2)
Monthly report. The Zoning Officer shall prepare a monthly report for the City Council. The report shall cite all actions taken by the Zoning Officer, including all referrals made by him, all permits and certificates issued and denied and all complaints of violations received and all violations found by him and the action taken by him consequent thereon. A copy of the monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor and Planning Board at the same time it is transmitted to the City Council.
§ 380-72 Certificates and permits.
[Amended by Ord. No. 78-13; Ord. No. 79-22; Ord. No. 86-10; Ord. No. 87-4; Ord. No. 89-9]
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter.
A.
Zoning permit. The Zoning Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building or part of any building or the change in the use of any land or building or part thereof where he or she shall determine that the plans are not in violation of the provisions of this chapter. Notwithstanding compliance with all other provisions of this chapter, no zoning permit shall be issued by the Zoning Officer where it is determined that any unsafe structure or condition or any nonconforming buildings not otherwise exempted under this chapter are currently present upon the property for which the permit is sought. All applications for zoning permits shall be made to the Zoning Officer, accompanied by a fee payable to the City of Estell Manor, in such amounts as provided in Chapter 185, Article III, Fees for City Services, for a zoning permit for a primary structure and for an accessory building or structure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B.
Temporary use permit. Upon written direction of the Planning Board, the Zoning Officer is hereby empowered to issue a temporary use permit. A temporary use permit shall only be effective for a period not to exceed six months. The permit may be extended by the Zoning Officer not more than once for an additional period not to exceed six months.
[Amended 11-5-1997 by Ord. No. 97-6]
C.
Conditional use permit. Upon written direction of the Planning Board, the Zoning Officer is hereby empowered to issue any conditional use permit provided for by this section.
D.
Certificate of occupancy permits. Certificates of occupancy shall be issued in accordance with the procedures set forth by the City Council.
(1)
New uses. No building shall be occupied or used until such time as a certificate of occupancy is issued by the Housing Officer after determination that the building, structure or use is in conformance with the provisions of this chapter and all other applicable local ordinances.
(2)
Existing uses. Upon written request from the owner, tenant, occupant or purchaser under contract, the Housing Officer, after inspection, shall issue an occupancy permit for a use legally existing on December 30, 1968, certifying the extent and kind of use and any other existing use which conforms to the provisions of this chapter.
(3)
Change of use. No owner, tenant or other person shall use or occupy any building or structure thereafter, the use of which shall be changed after December 30, 1968, without first procuring an occupancy permit. An occupancy permit once granted under this chapter shall continue in effect for a building not used for residential purposes so long as there is no change of use, regardless of change of identity in tenant or occupant. This section shall not, however, affect any occupancy permit which may be required under any other chapter of this Code.
(4)
Change of tenancy or ownership. From and after the effective date of this chapter, a certificate of occupancy shall be required whenever there is a change in ownership or tenancy of any building or structure used for dwelling purposes. The owner of said building or dwelling shall open it to reasonable inspection during reasonable hours by the Housing Officer.
(5)
A fee shall be paid to the Housing Officer, in such amount as provided in Chapter 185, Article III, Fees for City Services, by each applicant for a certification of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
§ 380-73 Procedures for zoning permit.
[Amended by Ord. No. 78-10; Ord. No. 78-13; Ord. No. 80-6; Ord. No. 81-10; Ord. No. 82-6; Ord. No. 84-2; Ord. No. 84-10; Ord. No. 85-4; Ord. No. 86-10; Ord. No. 89-4; Ord. No. 89-9; 11-5-1997 by Ord. No. 97-6; 7-11-2001 by Ord. No. 05-01; 12-15-2004 by Ord. No. 11-04; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
All applications for zoning permits shall be made to the Zoning Officer, accompanied by a fee payable to the City Clerk in the amount as provided in Chapter 185, Article III, Fees for City Services. The Zoning Officer shall carefully consider the application and all supporting documents and shall make a determination whether the application is in compliance with the provisions of this chapter and, based upon that determination, shall either issue or deny the zoning permit applied for. In the event that the Zoning Officer denies the permit because the application is not a complete application as defined by N.J.S.A. 40:55D-3, the Zoning Officer shall, within the time provided by said statute, return the application to the applicant with a statement setting forth why said application is not deemed to be complete. Upon obtaining a zoning permit, the applicant may apply to the Building Inspector for a building permit and a certificate of occupancy in the manner prescribed in the Construction Code.
A.
Design and site plan review process.
(1)
Any applicant for construction of any use, other than a one-family dwelling in a residential zone, garage, toolshed, swimming pool which is an accessory use to a single-family dwelling, patio, porch, accessory buildings which will not result in an enlargement or substantial change in the external appearance, or any applicant for a land use permit for a building other than that normally associated with one-family detached dwellings or his agent shall submit to the administrative officer at least 20 days prior to but no more than 28 days prior to the Planning Board meeting at which consideration is desired 18 copies of a notice of filing and application for site plan review on official forms, the site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. Said documents shall be submitted in such form to permit discussion purposes for preliminary approval. The administrative officer shall submit one copy of the same to the Zoning Officer and one copy to the City Engineer. The administrative officer shall immediately notify the Secretary of the Board having jurisdiction over the matter upon receipt of the application for site plan approval.
(2)
The plans and drawings shall be true and accurate and, in a case other than that for a minor site plan, shall be drawn to a scale of not less than one inch equals 50 feet and certified. Architectural drawings and certification may be waived in appropriate cases at the discretion of the Planning Board or, in the case of applications involving historic landmarks, by the Historic Preservation Commission, where the nature of the site plan approval is such as to be deemed not to require the expense of the same. The administrative officer shall refer 14 copies of the plans, drawings and statements to the Planning Board. In case of an application involving an historic landmark or abutting within 200 feet of a site containing an historic landmark, an additional seven copies of the plans, drawings and statements shall be submitted to the administrative officer, to be referred to the Historic Preservation Commission.
(3)
At the time of the submission of the site plan for review, all fees required by § 340-14 shall be paid, and, in addition, if the site plan involves an historic landmark or abuts or is within 200 feet of the site containing an historic landmark, the fees provided by § 380-20H(7) shall be paid.
(a)
Public notice, as described by N.J.S.A. 40:55D-12 of the New Jersey Statutes, as heretofore or hereinafter amended, shall be given by the developer of all hearings at which request is made for preliminary and/or final site plan review for a major site plan.
(b)
The Planning Board shall determine whether the materials submitted are sufficient to enable it to fully consider the criteria required for site plan approval, as set forth by Subsection A(4) and (5) below. If the Planning Board determines that the materials submitted are adequate, it may grant or deny both preliminary and final approval at the initial hearing. If the Planning Board determines that an amendment is required in the application, plans or layout of improvements proposed by the developer, it may require the developer to submit an amended application and such additional or supplemental materials as may be reasonably required for the Planning Board to make a final determination. The Planning Board shall, if the materials submitted tentatively indicate that the proposed development complies with this chapter and all other applicable laws, grant preliminary site plan approval, subject to consideration of final site plan approval upon submission of the additional materials required by it.
(4)
The Planning Board shall determine whether or not the proposed site plan and structures will compare favorably with community standards and other neighborhood improvements. In making the determination, the Planning Board shall consider:
(a)
The height, bulk and area of buildings.
(b)
The setback distances from all property lines.
(c)
The size, type and location of signs.
(d)
The size, location, construction and screening of automobile parking areas.
(e)
The relation to the existing buildings and structures in the general vicinity and area.
(f)
All provisions of the Zoning Chapter not mentioned specifically above and the relationship of the proposed project to the health, safety and general welfare of the community, specifically, its relationship to the Comprehensive Plan of the City as it is developed.
(g)
The location of vehicle egress and ingress routes, driveways, etc., and their relationship to neighboring streets.
(h)
For development in the Pinelands Area, all of the requirements of § 380-42 must be met.
(i)
For development in a Flood Hazard Zone, there must be certification by a registered professional engineer or certified architect that all floodproofing measures used for the structure are reasonably adequate to enable it to withstand the impacts and effects of the one-hundred-year flood.
(5)
In addition, where a site plan is deemed to be other than a minor site plan, the Planning Board shall also consider the following:
(a)
Description and location of utility service, including gas and electric lines.
(b)
Size, shape and location of any area reserved for public use.
(c)
The amount, location, sizes, materials and species of landscaping.
(d)
The lighting of buildings, signs and grounds.
(e)
Water supply, drainage and sewerage facilities on the tract of land in question.
(f)
Size, shape and location of any open space to be set aside for the use and benefit of the project or residents thereof.
(g)
Provisions for protection and conservation of soils from erosion from wind or water or from excavation or grading.
(h)
Energy conservation standards as set forth under § 340-13H.
(i)
The environmental impact of the proposed development. To that end, the Planning Board may require an applicant for a major site plan to provide an environmental impact statement, which shall include therein the fiscal impact on City services and facilities and shall conform in every respect to the definition and requirements as set forth in the New Jersey Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq., and regulations adopted pursuant thereto, and specifically to include all requirements set forth in Subchapters 4.0, 9.0 and 10.0 of the New Jersey Coastal Area Facility Review Act rules and regulations promulgated by the Commissioner of Department of Environmental Protection under Docket No. DEP 005-76-03 and as may hereafter be otherwise amended pursuant to the authority aforesaid. Notwithstanding anything therein contained to the contrary, all procedures pertaining to the submission of an application for major site plans as set forth in this Code shall apply to the submission and processing of such environmental impact statement unless otherwise required in the case of a site plan within the jurisdiction of the aforesaid New Jersey Coastal Area Facility Review Act. This requirement is applicable regardless of whether the site in question is subject to the jurisdiction of the New Jersey Coastal Area Facility Review Act.
(6)
In addition, in the case of all applications involving an historic landmark, a site designated by the Pinelands Commission or a historic resource deemed significant pursuant to § 380-42J, the approval agency shall employ the standards contained in § 380-20H in deciding whether to issue, issue with conditions or deny a certificate of appropriateness. In determining the appropriate treatment of a landmark or the conditions that shall be attached to a certificate of appropriateness, the approval agency may also consider the following additional factors:
(a)
Improvements and demolitions. With respect to any application involving alterations to or an addition, improvement, repair, replacement or removal of an historic landmark, the following matters may be considered:
[1]
Its importance to the municipality and the extent to which its historical or architectural value is such that its alteration, improvement, repair, replacement, removal or any addition thereto would be detrimental to the public interest.
[2]
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty or expense.
[3]
The extent to which its retention in its present or altered state would promote the general welfare by maintaining and increasing real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, stimulating interest and study in architecture and design, educating citizens in American culture and heritage or making the municipality a more attractive and desirable place in which to live.
[4]
The probable impact of said alterations, additions, improvements, repairs, replacements or removals upon other historic landmarks within proximity thereto.
(b)
Visual compatibility considered for additions, alterations, improvements or removals. With regard to any application to move an historic landmark or to create an alteration, addition, improvement, repair or replacement of an historic landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered.
(c)
Other considerations. With regard to all applications for alterations, additions, improvements, repairs, replacement or removal of historic landmarks, the following matters shall be considered:
[1]
The impact of the proposed change on its historic and architectural character.
[2]
The proposed use of any structure involved.
[3]
The extent to which the proposed action would adversely affect the public's view of the landmark or a structure which is a part thereof from a public street.
[4]
The impact the proposed change would have on the character and ambience of other historic landmarks situated in the vicinity thereof.
(d)
Additional matters considered. In regard to all applications involving an historic landmark, additional pertinent matters may be considered, except that interior arrangement shall not be a factor.
B.
Payment of taxes. Every application for site plan approval shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on such property, any approval or other relief granted shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such a manner that the municipality will be adequately protected.
C.
Planning Board approval. The Planning Board shall, within 45 days after receipt of the material, approve or disapprove the proposed development or construction. In the event of disapproval, the reason shall be stated clearly to the Zoning Officer, in writing. The Zoning Officer shall deny a zoning permit for the proposed use until the conditions, as the disapproval is based upon, have been corrected and written approval of the Planning Board is obtained.
D.
Site plan approval and conditional uses. Where both site plan approval and a conditional use are required, a joint application may be submitted, provided that all conditions for both site plan approval and the conditional use are met and the total fees required for both procedures are paid.
E.
Temporary use and conditional use permits.
(1)
All applications for temporary use permits and conditional use permits shall be submitted on official forms made part of this chapter. Twelve copies shall be submitted to the administrative officer at least 20 days prior to but no more than 28 days prior to the Planning Board meeting at which consideration is desired. One copy of all materials so submitted shall be forwarded to the Zoning Officer and two copies to the City Engineer by the administrative officer. The administrative officer shall immediately notify the Secretary of the Planning Board.
(2)
The Planning Board shall conduct a public hearing in accordance with the procedures and requirements established by law. In approving an application, the Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety or general welfare of the public.
(a)
If an application is approved, the Zoning Officer shall be furnished with a copy of the approving resolution of the Board, and he shall issue the permit applied for in accordance with the conditions imposed.
(b)
If any application is disapproved, the reasons for denial shall be set forth in the disapproving Board's resolution, and a copy of the resolution shall be submitted to the Zoning Officer.
(c)
The Zoning Officer shall transmit one copy of all approved applications to the Tax Assessor.
(d)
Upon obtaining a temporary or conditional use permit, the applicant may then apply to the Building Inspector for a building permit and certificate of occupancy, in the manner prescribed in the Building Code.
F.
Application details. The materials to be submitted with each application for a zoning permit, temporary use permit or conditional use permit shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building. As a minimum, the application shall include the following information and plans for both before and after conditions:
(1)
The location, use, design and dimensions and height of each use and building.
(2)
The location and arrangement of vehicular accessways and the location, size and capacity of all areas used for off-street parking, loading and unloading. All driveways shall have a minimum width of at least 14 feet.
(3)
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
(4)
The design and treatment of open areas, buffer areas and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices.
(5)
Provisions for water supply, sewage disposal and storm drainage.
(6)
Sufficient data to indicate the traffic and congestion likely to be produced by the proposed use.
(7)
Other data and plans as the Zoning Officer or the Board before which such application is heard may require to properly take action on the application.
G.
Duties after completion of construction. Upon completion of the erection or alteration of any building or structure thereof authorized by any permit and prior to occupancy or use of the same, the holder of such permit shall notify the Zoning Officer of such completion. Permit holders completing new construction shall submit an as-built survey of the property. In all cases, the holder of the permit shall be responsible for cleaning and removal of any debris caused by the construction in question and the final grading of the property. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the requirements of this subsection have been met and that the work has been inspected and approved as being in conformity with the provisions of all applicable laws and ordinances and has issued a zoning certificate of compliance. A fee as provided in Chapter 185, Article III, Fees for City Services, for the issuance of said certificate of compliance shall be charged, provided that the Zoning Officer finds that all requirements of this subsection have been met on his first visit to the site following the application for said certificate. If, by virtue of the failure of the applicant to meet the requirements of this subsection, subsequent visits on the part of the Zoning Officer are required, a fee for each said subsequent visit shall be charged and shall be paid before said certificate of compliance shall be issued.
H.
Informal review process. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. Any applicants requesting an informal review must comply with the following procedure:
(1)
Submit 18 copies of the informal review application;
(2)
Submit 18 copies of all plans and drawings, which plans and drawing must include the requirements as shown below.
(3)
Fees for review must be submitted at the time of application (see Ch. 185, Fees, Art. III, Fees for City Services).
(4)
Applications and supporting material must be separated into 18 sets, with each set containing copies of all submittals;
(5)
Application packages must be submitted at least 20 days prior to public hearing.
(6)
Any plan/drawing submitted for informal review shall be true and accurate and clearly and legibly drawn or reproduced at a scale of not smaller than one inch equals 100 feet on a sheet of paper not less than 8.5 inches by 11 inches. The plans and drawings shall, at a minimum, contain the following information:
(a)
Each block and lot involved numbered in conformity with the municipal Tax Map;
(b)
The location of existing and proposed property lines with dimensions in feet;
(c)
The zoning district in which the parcel is located, indicating all setbacks, lot coverage, height, floor area ratio and density, both as to required and proposed. The foregoing shall be indicated both as text and graphically;
(d)
The number of lots resulting from a subdivision, including areas of each in acres if over one acre and in square feet if under one acre;
(e)
All natural and artificial watercourses, streams, shorelines and water boundaries and encroachment lines;
(f)
All areas to be disturbed by grading or construction;
(g)
The location of existing structures and their setbacks from existing and proposed property lines;
(h)
The location of existing easements or rights-of-way, including power lines;
(i)
The location of existing railroads, bridges, culverts, drainpipes, water and sewer mains and other man-made installations affecting the tract;
(j)
The location of existing wells and septic systems;
(k)
The plans and profiles of proposed utility layouts, such as sewers, storm drains, water, gas, communications and electric, showing feasible connection to existing and proposed utility systems;
(l)
The location, names and widths of all existing and proposed streets on the property and within 200 feet of the tract.[1]
[1]
Editor's Note: Original Sec. 10-11.5, Powers of Board of Adjustment, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
§ 380-74 Appeals.
[Amended by Ord. No. 78-13; Ord. No. 85-4; Ord. No. 86-10; 11-5-1997 by Ord. No. 97-6]
Appeals to the Planning Board may be taken in accordance with the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., including any supplements or amendments heretofore or hereafter made thereto, in the manner set forth under such statute.
A.
Payment of taxes. Every application for variances, appeals or conditional use permits shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject matter of such application; or, if it is shown that the taxes or assessments are delinquent on the property, any approvals or other relief granted by the Planning Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the City will be adequately protected.
B.
List of owners for notice. The Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of the payment of the fee provided in Chapter 185, Article III, Fees for City Services, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[1]
Editor's Note: Former Subsection 10-11.6c of the 1974 Revised General Ordinances, Fees, which previously followed this subsection, was repealed 10-1-1986 by Ord. No. 86-10.
C.
An application for a zoning variance shall not be deemed complete unless submitted on the official forms entitled "notice of filing" and the official forms entitled "application for zoning variance," which forms must be fully completed.
§ 380-75 Duration of zoning variances, conditional use permits and site plan approval; renewal.
[Amended by Ord. No. 78-13; Ord. No. 84-6; Ord. No. 96-2]
A.
If, after a zoning variance, conditional use permit or site plan approval has been authorized by the Planning Board, the appropriate permit is not lifted and executed by the applicant within a period of one year from the date of the authorization and if construction under the permit does not proceed diligently and is not completed within that time, then such authorization shall be null and void; provided, however, that the holder of such a permit shall be entitled to renew the same for one additional year upon application to the Zoning Officer and payment of a renewal fee in such amount as provided in Chapter 185, Article III, Fees for City Services. At the expiration of the renewal permit, under which the work or use authorized thereunder has not been completed, the applicant must reapply for a new zoning variance, conditional use permit or site plan approval under then existing law before proceeding further.
[Amended 11-5-1997 by Ord. No. 97-6; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B.
At the time of application, the applicant may request a period of time in excess of one year to construct the proposed structure. The Planning Board after considering the nature of the structure may include such longer period of time as it deems necessary and reasonable in the permit. If not so included, the applicant shall have a period of one year to complete construction.
[Amended 11-5-1997 by Ord. No. 97-6]
C.
A variance or a conditional use permit shall be deemed to be abandoned when the tenant or owner displays intent of cessation through inactivity or the display of an unspecified "for sale" or "for rent" sign or a combination of any of these for a period of more than two years.
§ 380-76 Exercise by Planning Board of powers of Board of Adjustment.
[Amended by Ord. No. 78-12; Ord. No. 93-9; 11-5-1997 by Ord. No. 97-6]
Effective as of January 1, 1998, the City of Estell Manor exercises the option provided by N.J.S.A. 40:55D-25c, and, accordingly, the Zoning Board of Adjustment is terminated; provided, however, that in accordance with N.J.S.A. 40:55D-72.1, any application for development submitted to the Zoning Board of Adjustment pursuant to lawful authority before the effective date of this ordinance[1] may be continued at the option of the applicant, and the Board of Adjustment shall have every power which it possessed before the effective date of this ordinance in regard to the application.
[1]
Editor's Note: "This ordinance" refers to Ord. No. 97-6, adopted 11-5-1997.
§ 380-77 Pinelands Area procedures.
[Amended by Ord. No. 83-4; Ord. No. 83-10; Ord. No. 89-4; Ord. No. 89-11; Ord. No. 97-3]
A.
Applicability of procedures.
(1)
No person shall carry out any development within the Pinelands Area without obtaining development approval in accordance with the procedures set forth in this section.
(2)
Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this section:
(a)
The improvement, expansion or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenances thereto;
(b)
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling;
(c)
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
(d)
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
(e)
The repair of existing utility distribution lines;
(f)
The clearing of less than 1,500 square feet of land;
(g)
The demolition of any structure that is less than 50 years old;
(h)
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;
(i)
The repair or replacement of any existing on-site wastewater disposal system;
(j)
The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur;
[Amended 11-14-2018 by Ord. No. 04-2018]
(k)
The clearing of land solely for agricultural or horticultural purposes;
[Amended 11-14-2018 by Ord. No. 04-2018]
(l)
Fences, provided that no more than 1,500 square feet of land is to be cleared;
(m)
Aboveground telephone equipment cabinets;
(n)
Tree pruning;
(o)
The following forestry activities:
[1]
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.
[2]
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.
[3]
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planning activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
[4]
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(p)
Prescribed burning and the clearing and maintaining of fire breaks.
(q)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 380-42A.
(r)
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure provided that:
[Added 11-14-2018 by Ord. No. 04-2018]
[1]
If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and
[2]
If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.
(s)
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Added 11-14-2018 by Ord. No. 04-2018]
(t)
The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any Comprehensive Plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
[Added 11-14-2018 by Ord. No. 04-2018]
(u)
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Added 11-14-2018 by Ord. No. 04-2018]
(v)
The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
[Added 11-14-2018 by Ord. No. 04-2018]
(3)
The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or to any landmark designated in accordance with § 380-20 hereof.
(4)
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
B.
Application requirements for minor development.
(1)
Any application for approval of minor development shall be on the official forms prescribed in § 340-4 of the Code of the City of Estell Manor. To the extent that the following information is not contained on the official forms, the same shall be included by way of addendum or supplement.
(a)
The applicant's name and address and his interest in the subject property;
(b)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(c)
A description of all existing uses of the subject property;
(d)
A brief written statement generally describing the proposed development;
(e)
A United States Geological Survey Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown;
(f)
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:
[1]
On-site treatment facilities: location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
[2]
In the case of new structures, soil borings and percolation tests; if on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes indicating where groundwater was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 380-42F.
(g)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;
(h)
A soils map, including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development;
(i)
A map showing existing vegetation, identifying predominant vegetation types in the area and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;
(j)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations; and
(k)
When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to Subsection E below.
(l)
In lieu of Subsection B(2)(a) through (k) above, the application requirements of § 380-77B(2) shall apply to applications for development of a single-family dwelling on an existing lot of record.
[Added by 7-20-1999 by Ord. No. 0-6-99]
(2)
Procedures for applications for the development of a single-family dwelling.
[Added by 7-20-1999 by Ord. No. 0-6-99]
(a)
The Zoning Officer is hereby authorized and directed to issue preliminary zoning permits as a prerequisite to the issuance of a construction permit or other permits or approvals which are needed to develop a single-family dwelling on an existing lot of record within the City of Estell Manor.
(b)
Applications for a preliminary zoning permit.
[1]
An application for a preliminary zoning permit shall be submitted to the Zoning Officer and shall include the following:
[a]
The applicant's name and address and his interest in the subject property.
[b]
The applicant's signed certification that he is duly authorized to submit the application, that the materials and information are accurate and that duly authorized representatives of the City of Estell Manor and Pinelands Commission are authorized to inspect the property.
[c]
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
[d]
The street address, if any, the Tax Map sheet and block and lot number of the property.
[e]
Proof that taxes for the property have been paid.
[f]
Acreage of the property in square feet.
[g]
A dated plot plan, with the scale noted, showing:
[i]
The zoning district in which the property is located.
[ii]
The location and dimensions of all property lines, easements affecting the property and streets abutting the property.
[iii]
The location of all yards and setbacks required pursuant to this chapter.
[iv]
The location and use of all existing structures and improvements on the property and their intended disposition.
[v]
A building envelope within which the single-family dwelling is to be located.
[vi]
The location and dimensions of the proposed driveway.
[vii]
The location and dimensions of any proposed accessory structures or improvements.
[viii]
The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located.
[ix]
The location of any proposed water supply well.
[h]
If proposed, certification that central sewer and/or water service are available.
[i]
If development of the property is proposed in accordance with the density transfer program of § 380-33E, the street address, if any, the Tax Map sheet, block and lot number and acreage in square feet of the noncontiguous property.
[2]
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with this chapter. Such may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of this chapter.
[3]
The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with this chapter.
[4]
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant of any additional information which is necessary to complete the application.
(c)
Permit decisions. Within 14 days of determining an application to be complete, the Zoning Officer shall issue either a preliminary zoning permit or a refusal to issue a preliminary zoning permit.
(d)
Preliminary zoning permit.
[1]
A preliminary zoning permit shall be issued if:
[a]
The application is consistent with the requirements of this chapter or any necessary variance from those requirements has been obtained; and
[b]
No waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan is necessary or any such waiver has been approved by the Pinelands Commission; and
[c]
A duly authorized representative of the Pinelands Commission approves the Zoning Officer's determination and so signifies by signing the preliminary zoning permit.
[2]
A preliminary zoning permit shall expressly incorporate the plot plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with this chapter and shall specify the expiration date of the permit.
[3]
The Zoning Officer shall provide copies of the application and the preliminary zoning permit to the Pinelands Commission within five days of the issuance of the permit.
(e)
Effect of preliminary zoning permit.
[1]
A preliminary zoning permit represents a determination that the application meets the requirements of Chapter 380, Zoning, of the Code of the City of Estell Manor and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
[2]
A preliminary zoning permit shall be valid for two years and shall, during that period, confer the following rights and privileges:
[a]
The approved application shall not be subject to any substantive revisions of Chapter 380, Zoning, of the Code of the City of Estell Manor or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
[b]
Any subsequent approvals necessary for the development of the single-family dwelling on the property may be sought without the need for a certificate of filing from the Pinelands Commission.
[3]
Any subsequent approvals to be sought, including, but not limited to, construction permits, shall be subject to the notice, review and decision requirements of § 380-77D through G.
(f)
Refusal to issue preliminary zoning permit.
[1]
The Zoning Officer shall issue a refusal to issue a preliminary zoning permit if any of the following are found to apply:
[a]
A variance from Chapter 380, Zoning, of the Code of the City of Estell Manor is required;
[b]
A variance from Chapter 380, Zoning, of the Code of the City of Estell Manor is not required, but the Zoning Officer determines that the application does not meet any requirement of this chapter that reflects a provision of the Pinelands Comprehensive Management Plan;
[c]
A waiver of strict compliance from the Pinelands Comprehensive Management Plan is required; or
[d]
The duly authorized representative of the Pinelands Commission has not attested to the consistency of the application with the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
[2]
A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicated solely upon the need to obtain a variance from this chapter, the refusal shall also indicate that upon the applicant's submission of evidence of Planning Board approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Subsection B(2)(d) above.
[3]
When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from this chapter, the Zoning Officer shall provide copies of the application and the refusal to the Pinelands Commission within five days of the issuance.
[4]
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon Subsection B(2)(f)[1][b], [c] or [d] above, the Zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq. and §§ 380-77B(1) and 380-77D through G of Chapter 380, Zoning, of the Code of the City of Estell Manor. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
(g)
Zoning Officer vacancy. Should the position of Zoning Officer become vacant for any reason, the application procedures set forth in § 380-77B(2) shall be of no force or effect and the procedures of § 380-77B(1) shall apply until the position has been filled.
C.
Application requirements for other development.
(1)
All applications for major development, other than forestry and resource extraction operations, to the extent not set forth in the official forms required under § 340-4 of the Code of the City of Estell Manor, shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)5, as well as the following:
(a)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations; and
(b)
When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to Subsection E below.
(2)
An application for approval of forestry operations shall be subject to the application requirements set forth in Chapter 357, Trees, Article II, Tree Cutting and Forestry, of the Code of the City of Estell Manor.
(3)
An application for approval of resource extraction operations shall be subject to the application requirements set forth in § 380-60A of this chapter and Chapter 315, Soil Removal, of the Code of the City of Estell Manor.
D.
Notices to the Pinelands Commission.
[Amended 11-14-2018 by Ord. No. 04-2018]
(1)
Application submission and modifications. Written notification shall be given by the Administrative Officer, by e-mail or regular mail, to the Pinelands Commission within seven days after determination is made by the approval agency that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall include:
(a)
A copy of the resolution of the approval agency.
(b)
To the extent that the same is not included in the resolution:
[1]
The name and address of the applicant;
[2]
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
[3]
A brief description of the proposed development, including uses and intensity of uses proposed;
[4]
The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;
[5]
The date on which the application or any change thereto was filed and any application number or other identifying number assigned to the application by the approval agency;
[6]
The approval agency with which the application or change thereto was filed;
[7]
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports;
[8]
The nature of the municipal approval or approvals being sought; and
[9]
The date of adoption of the resolution referred to in Subsection D(1)(a).
(c)
This provision shall not prevent the approval agency from determining the application on its merits at the time the application is deemed complete, provided that the provisions of Subsection D(2) hereunder have been carried out by the applicant.
(2)
Meetings and hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by e-mail, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:
(a)
The name and address of the applicant;
(b)
The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;
(c)
The date, time and location of the meeting, hearing or other formal proceeding;
(d)
The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;
(f)
The purpose for which the meeting, hearing or other formal proceeding is to be held;
(g)
A copy of the notice to the Pinelands Commission and proof of service thereon shall be filed with the Solicitor of the approval agency at least one week prior to the meeting date.
(3)
Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the receipt of formal written notice of the approval or denial, give notice by e-mail or regular mail to the Pinelands Commission. Such notice shall contain the following information:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(c)
The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;
(d)
The date on which the approval or denial was issued by the approval agency;
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;
(f)
Any revisions to the application not previously submitted to the Commission;
(g)
A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted; and
(h)
A copy of said notice, together with proof of service thereof, shall be filed with the approval agency within two weeks of the notification of same.
(4)
Except as provided in § 380-77B(2), the requirements of § 380-77D shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
E.
Review by Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection D(3) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the City shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2)
Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of the local approval under this section.
(3)
Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
(4)
Except as provided in § 380-77B(2), the requirements of § 380-77E shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added by 7-20-1999 by Ord. No. 0-6-99]
F.
Condition on prior approvals of the City.
(1)
Where a prior approval has been granted by the City, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
(a)
Notification is received from the Pinelands Commission that review of the City's approval is not required; or
(b)
Review of the City's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order regarding the approval is received by the City from the Pinelands Commission.
(c)
Proof that any adverse determination of the Pinelands Commission has been reversed by an administrative or judicial body having power to do the same and that no further appeal is pending and that all time limitations for said appeal have expired.
(2)
The above provisions shall not, however, prevent the approval agency from modifying the prior approval, provided that there shall be no subsequent approval of an application for development until the above conditions are met.
(3)
Except as provided in § 380-77B(2), the requirements of § 380-77F shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Added by 7-20-1999 by Ord. No. 0-6-99]
G.
Effect of Pinelands Commission decision on City approval. All approvals of applications for variances, site plan approvals or conditional use permits shall be conditioned upon the Pinelands Commission not disapproving the application for the same. No such approval shall be final until notification is received by the Commission that it approves the same or until the provisions of the New Jersey Administrative Code shall have been met, whichever shall later occur. The Commission shall also grant preliminary approval subject to one or more conditions. In such case, the approval agency may, within 60 days, modify its prior approval to include some or all of the conditions imposed by the Commission. If the approval agency does not accept all of the conditions so imposed, the application shall be considered to have been rejected.
H.
Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the City involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
I.
Environmental Commission review. All applications for major development, forestry and resource extraction shall be referred to the Environmental Commission for review and comment, if the same be established.
J.
Public development. All development proposed by the City or any agency thereof will comply with all the requirements for public development in N.J.A.C. 7:50-4.51 et seq. and, unless a variance be obtained, all the standards set forth in this chapter.
K.
Amendments. In amending this chapter, or any other chapter of the Code of the City of Estell Manor, the City shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
§ 380-78 Fees for applications.
[Amended by Ord. No. 86-10]
All applications for a variance, conditional use permit or site plan approval shall be accompanied by the fee and deposit required in § 340-14 of the Code of the City of Estell Manor.