A building or use which:

In the case of an historic landmark, the construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of any landmark; in the case of an historic landmark, the razing of any improvement or the obliteration of any natural feature of said landmark.

Pursuant to N.J.S.A. 40:55D-3 of the New Jersey Statutes, the Clerk of the City of Estell Manor is designated as the "administrative officer."

A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year round and may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities which are solely processing facilities.

Residential dwellings for the seasonal use of employees of an agricultural or horticultural use which because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to the principal use of the lot for agricultural purposes.

Any production of plants, other than trees, or animals useful to any man, including, but not limited to, forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules or goats and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualification for payments or other compensation pursuant to a soil conservation program under an agency of the federal government; provided, however, that the same shall be consistent with the provisions of § 380-22 of the Code of the City of Estell Manor, as heretofore or hereinafter amended. The cutting or harvesting of trees as defined in Chapter 357, Trees, Article II, Tree Cutting and Forestry, of the Code of the City of Estell Manor, as amended, shall not be considered an "agricultural or horticultural purpose or use."

A facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading and packaging of those products.

An establishment, the primary purpose of which is the sale of goods, commodities or service that supports active farm operations.

As applied to a building or structure, a change or rearrangement in the structure or in the existing facilities for an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another. Alterations shall not include additions to the improvement. In the case of an historic landmark, any work done which changes the appearance of the exterior surface of the same shall be considered an alteration.

An individual or community on-site waste water treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.

The application form and all accompanying documents required by the provisions of the Code of the City of Estell Manor or by the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., as heretofore or hereafter amended, or by the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., as heretofore or hereafter amended, which may be required for the approval of a subdivision plat, site plan, conditional use, zoning variance or direction for the issuance of any permit for development approval. In the Pinelands Area, this shall include any application filed with any permitting agency or any approval, authorization or permit which is a prerequisite to initialing development in the Pinelands Area, except as provided in § 380-77A(2) of this chapter.

Any board, body or other authority within the City with authority to approve or disapprove subdivisions, site plans, construction permits, conditional use permits, variances or other applications for development approval.

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

The sum of the gross horizontal areas of every floor of a building, measured from the inside face of exterior walls or from the center line or party or common walls separating two dwelling units.

All gross floor area having a clear ceiling height of at least seven feet, except that not more than 10% of the habitable floor area may have a ceiling height less than seven but not less than five feet; any cellar, open porches, carports, garage or utility space, bay windows not extending more than three feet, balconies and terraces shall not be considered in the computation of habitable floor area.[1]

Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports. Each structure separated by fire walls from adjoining structures under separate occupancy or for separate uses shall be considered a separate building.

That percentage of the lot area covered by building area.

The vertical dimension measured from the average elevation of the finished grade at the perimeter of the building to the highest point of the roof.

A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical projection will coincide with the surface nearest the lot line. A building line shall not be closer to the street line than the required front yard depth.

A portable structure which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living, for travel, recreation, vacation or other short-term uses. Camper does not include mobile homes or other dwellings.

A place used or suitable for camping on which temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.

A certificate issued by the Planning Board or Board of Adjustment in accordance with § 380-20 of this chapter for the construction, alteration, additions to, relocation, improvement, removal or demolition of a landmark or a Pinelands designated site or for any change in the exterior appearance of a lot within 200 feet of the same.

A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.

The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.[2]

The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as heretofore or hereafter amended.[3]

Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit, provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.

The cutting and harvesting of trees on a commercial basis, or otherwise for profit, which requires the obtaining of a permit under the provisions of Chapter 357, Trees, Article II, Tree Cutting and Forestry, of the Code of the City of Estell Manor, as heretofore or hereafter amended.

The change or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including, but not limited to:

All development other than minor development.

A development meeting the criteria of a minor subdivision under § 340-5 of the City of Estell Manor Code or meeting the definition of a "minor site plan" under § 380-3 of this chapter.

The portion of the territory of the City of Estell Manor within which designated regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.

Means the taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other waterbody, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.

Any lane, way, opening, construction entrance or privately owned road entering upon any public road within the City of Estell Manor, excepting field openings to nonresidential land used exclusively for farming purposes.

One or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same.

All electric lines other than electric transmission lines.

Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and:

In the case of an historic landmark, those immediate remedial actions undertaken to alleviate the results of accidental damage or destruction to private property where time will not permit the owner to obtain site plan approval and a building permit prior to their undertaking.

The erection, construction, alteration or maintenance by public utilities, telephone or municipal or other governmental agencies of underground or overhead gas, electric, steam, water or sewage transmission or distribution systems, including buildings, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or City or other government agencies or for the public health or safety or general welfare.

A single individual doing his own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.

A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.

The Estell Manor Volunteer Fire Department.

The official of the Fire Department designated by that Department to represent it with regard to the inspection and approval of driveways.

The planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including, but not limited to, artificial regeneration, bedding, broadcast scarification, clear cutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelter wood cut and thinning. For purposes of this chapter, the following activities shall not be defined as "forestry":

A building or space accessory to a residence which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

A building or part thereof, other than a private garage, used for the storage of motor vehicles for profit and may include the sale of fuels or accessories or the keeping of vehicles for hire as a secondary use.

The City Council of the City of Estell Manor.

The Commission established under the terms of this chapter.

Any site, building, area, district, structure or object important in American history, or prehistory, architecture, archaeology and culture and to national, state, county, local or regional level. All historic landmarks are historic resources.

Any occupation carried on as a subordinate use solely by a member of the family residing on the premises of a residential lot.

The office, studio or occupational room of a physician, surgeon, dentist, architect, licensed professional engineer, real estate or lawyer engaged in direct personal services.

Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

Those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.

Any surface which does not permit fluids to pass through or penetrate its pores or spaces, typically having a maximum permeability for water of 10^-7 cm/second at the maximum anticipated hydrostatic pressure. The term "impermeable" is equivalent in meaning.

Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees of permeability.

Any structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 60 contiguous days.

Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; church; public office buildings; cemeteries; and other similar facilities.

Includes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.

Any off-street space not less than 12 feet in width, 35 feet in length and 14 feet in height available for the loading or unloading of goods and having direct usable access to the street or alley.

An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

A parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.

An area of land enclosed by the boundary line of the lot and expressed in terms of square feet or acres. Any portion of a lot included in the public right-of-way may be included in calculating "lot area."

The distance between the edge of the right-of-way and the rear lot line. In the case of an irregular lot, the average between the shortest and longest such distance constitutes "lot depth." In the case of a corner lot, the longer of the two street lines shall be considered as the depth.

The line of a street on which a lot fronts or abuts. Corner lots shall be considered as fronting on both streets. (See § 380-27, Yards.)

Each lot line opposite a front lot line.

Any lot line, not a front lot line or a rear lot line, including a lot line of an offset portion of a lot.

The distance between the side lot lines measured at right angles to its depth at the front setback line; in the case of corner lots, the distance between the lot line on the street having the shorter frontage measured at right angles to its depth at the setback line.

A lot bounded on two or more sides by a public right-of-way.

The horizontal distance measured along the full length of a street line abutting the lot line. In the case of corner lots, the shorter of the two street lines shall be considered as the frontage.

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

A movable, portable, year-round dwelling built on a chassis, designed without a permanent foundation, connected to utilities and containing a flush toilet, a bath or shower and a kitchen sink.

Any plot or ground upon which two or more mobile homes or mobile units used for dwelling or sleeping purposes are located.

A plot of ground within a mobile home park designed for the accommodation of one mobile home.

An existing driveway which is paved, widened, narrowed or lengthened, or when its horizontal location is changed. Routine maintenance or repairs, including, but not limited to, the addition of fill materials to the driveway surface, shall not render a driveway a "modified driveway."

A series of rental units, with individual entrances from outside to each unit, operated as a single business for the purpose of providing lodging to transient guests. An office and single dwelling unit may be provided in conjunction with the operation of a "motel."

A place where gasoline or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale at retail to the public, which may include the sale of accessories, oiling, greasing, washing and light motor vehicle repairs on the premises.

A building containing three or more dwelling units occupied by persons living independently of each other, or a group of such buildings.

A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Means the use of water diverted from surface or ground waters in such a manner that at least 90% of the diverted water is returned to the source surface or ground water at or near the point from which it was taken.

An unoccupied space open to the sky.

Any quantity of land consisting of one or more lots that is capable of being described with such definiteness that its location and boundaries may be established.

The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.

A certificate issued by the Building Inspector for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted plans for the building change and which, where applicable, also states that the purpose for which a building or land is to be used is in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.

A certificate issued by the Building Inspector or upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter or such adjustment therefor which has been granted by the Planning Board and all other applicable requirements have been complied with.

A certificate issued by the Zoning Officer for the conduct of a conditional use, which states that the requirements governing conditional uses in this chapter and all other applicable requirements have been complied with, as certified by the Planning Board.

A certificate issued by the Zoning Officer for the conduct of a use otherwise prohibited by the chapter for a limited time period and stating that the special requirements governing the use and all other applicable requirements have been complied with as certified by the Planning Board.

The Pinelands National Reserve and the Pinelands Area.

That area designated as such by Section 10a of the Pinelands Protection Act.[5]

A use right allocated to certain lands within the City pursuant to the provisions of N.J.A.C. 7:50-5.43, as heretofore or hereinafter amended, that can be used to secure a residential density bonus in other municipalities which have adopted appropriate ordinances permitting their use.

That area designated as such by Section 3i of the Pinelands Protection Act.[6]

N.J.S.A. 13:18A-1 to 13:18A-29.

Any use which is based on resources which are indigenous to the Pinelands, including, but not limited to, forest products, berry agriculture and sand, gravel, clay or ilmenite.

The Planning Board of the City.

A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy, as determined by the Pinelands Commission.

A building in which is conducted the main or principal use of the lot on which the building is situated. An accessory building which is attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

Any real property designed and used for the purpose of camping and associated recreational uses under a condominium or cooperative form of ownership.

All land within the Pinelands Area which is not included in the Preservation Area.

Sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly; roads and streets and other similar services provided or maintained by any public or private entity.

The management program which employs the most efficient use of available technology, natural, human and economic resources.

The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.

A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.

Space allocated for collection and storage of source-separated recyclable materials.

Any work done on any improvement which is not an addition to the improvement and which does not change the exterior surface of any improvement, excluding painting.

When applied to an historic landmark, includes repairs if a building permit is required for same.

A plan prepared for review by the Cape-Atlantic Soil Conservation District which details the proposed use of agricultural recommended management practices.

The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.

A plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005. Such plans shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of nonpoint source pollution; and establish criteria for resource sustainability of soil, water, air, plants and animals.

Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a "restaurant."

The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag of any public, quasi-public, civic, charitable or religious group.

The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines the sign.

A site plan which is limited to the proposed construction of any permitted accessory use or uses, including, but not limited to, signs or off-street parking areas, or any development plan consisting of any expansion or addition to an existing conforming structure and use, provided that said expansion does not increase the habitable floor area of said structure by more than 50%, provided further that such development plan does not involve planned development, the installation of any road improvements or the expansion of public facilities and does not adversely affect development of an adjoining property or properties, and provided further that such development plan does not involve any property on which is located an historic landmark or abuts or is within 200 feet of any property on which is contained an historic landmark.

A solar energy system and all associated components, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility, which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function.

A ramp, landing, walkway or other constructed feature to be located on the exterior of a residential dwelling which is deemed necessary to provide access not otherwise obtainable to the interior of the building.

Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.[7]

The establishment of a characteristic wetland or the removal of exotic species or phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.

The person or persons who are charged with the enforcement of this chapter.

A certificate issued by the Zoning Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located.