Estell Manor, NJ Zoning Ordinance

Estell Manor City Zoning Code

ARTICLE VII

Special Regulations

§ 380-38 Sign regulations.

[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 86-10; Ord. No. 93-9]

General regulations. Signs may be erected, altered, maintained, used, removed or moved only in accordance with the regulations set forth below, regardless of where located. These general regulations shall apply to all signs within the City of Estell Manor, but nothing contained in this subsection shall be constructed as permitting any particular sign otherwise prohibited within the City or within any zone or zones:

(1)

No sign shall be permitted which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, other than warning or safety signs.

(2)

No sign shall be erected or maintained on any lot or on any building, structure or other improvement erected or maintained thereon, unless the message on the sign directly relates to the use of said lot, tract or parcel, with the exception of those set forth in Subsection B(1).

(3)

No sign shall be placed in a way that impedes or interferes in any way with the operation of a traffic light, traffic directional signal or general traffic visibility.

(4)

Banners, flags, pennants, tents and similar blank devices are prohibited, except upon the occasion of the opening of a new business use or for special sale events or promotions but said banners, pennants or flags shall not be displayed for more than 14 consecutive days nor more than 56 days in any calendar year. Once banners, pennants or flags utilized in connection with the opening of a new business use or special sale or promotion have been removed, such devices may not be again displayed on the premises in question for a period of at least 30 consecutive days, and such displays shall not be made more than four times in any calendar year.

(5)

No sign shall be attached, affixed or painted on any tree, fence, rock, curb, walk, hydrant, bench or bridge except for signs warning of any hazard, "no-trespassing" signs and political signs as defined in Subsection G(1)(d) below.

(6)

No billboard or billboard-type signs shall be erected or maintained.

(7)

No vehicle shall be regularly parked, stopped or located in such a manner as to be used as or considered to be a sign. Any other sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, vehicle or is on wheels or is otherwise attached so that the sign may be moved from place to place, either within the lot upon which it is located or to another lot, is prohibited.

(8)

To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands. All signs shall be of sound construction and shall be permanently affixed to the ground or building in such a manner so as to conform to the New Jersey Uniform Construction Code.

(9)

In addition to the requirements imposed by this chapter, all signs shall meet all applicable state regulations, including, but not limited to, those set forth in the Roadside Sign Control and Outdoor Advertising Act (N.J.S.A. 27:5-5 et seq.). To the extent that the regulations imposed by the State of New Jersey or any of its agencies are more restrictive than those set forth in this chapter, the more restrictive regulations shall apply. Compliance with this chapter does not in any respect substitute for compliance with the state law; rather, all signs must meet with the more restrictive of the regulations set forth in this chapter and those set forth by the Laws of the State of New Jersey.

Exceptions. The regulations set forth in Subsection A shall be subject to the following exceptions:

(1)

The same shall not apply to any sign or directional device erected or maintained by any governmental body or agency.

(2)

In the ease of permitted commercial and industrial uses, said regulations shall not apply to parking lot markers, directional or entrance and exit signs erected on the premises, provided that the sign does not exceed two square feet in area, and that the number and location of the signs have been approved either as part of a site plan application or otherwise by the Planning Board, and that no such sign contains any advertising matter.

(3)

Off-site directional signs are permitted, provided that the sign does not exceed six square feet in area, that the information on the sign includes no more than a directional arrow, the name of the establishment in question and the distance of that establishment to the sign location, and provided further that only one such sign may be erected or maintained on each street, road or highway serving said establishment.

Maintenance. All signs shall be periodically maintained by their owners, which maintenance shall include painting, repairing and cleaning as necessary. Any sign that falls into a state of disrepair, so that the same is no longer functional, visible or dangerous to the safety of others, or which is peeling or contains missing letters shall cause to be repaired by the owner of said sign.

Sign content. Except for off-premises directional signs as limited herein, all signs, other than temporary signs, shall indicate only the principal name of the establishment, proprietor or owner and a brief description of the principal goods or services or use thereof and a logo or trademark by which the business or owner may be identified.

Discontinued uses. All signs which identify an establishment or business which is no longer in existence or operation shall be removed within 60 days from the date said operation or establishment of business ceases to exist or operate. In the event that said sign is not removed within said time, the City Council may proceed under the provisions of Subsection I(3) hereunder.

Illuminated signs. Where permitted, illuminated signs shall be arranged so that no light or glare is directed or reflected to adjoining lots or streets or into residential windows. Any beam or beacon emanating from a sign whose sole source of artificial illumination is outside the display portion of the sign shall be directed downwards whenever feasible and shall be shielded to prevent spillage off the lot or onto streets, parking and driveway areas.

Signs permitted in all zones. The following types of signs shall be permitted in all zones, subject to the regulations set forth below and elsewhere in this section:

(1)

Temporary signs. Temporary signs, which shall not be illuminated, are permitted only for the following purposes. Said signs shall be erected or placed so as not to obstruct or obscure visibility at corners or intersections or otherwise cause a traffic safety hazard. Temporary signs are also subject to the regulations set forth herein for the type of sign in question.

(a)

Temporary signs advertising events, such as fairs, bazaars, auctions, or other special activities of a similar nature, shall be permitted. Such signs may not be posted more than one month prior to the event being advertised and must be removed within 10 days following the conclusion of the event. Signs for garage sales shall comply with Chapter 212, Garage Sales, of the Code of the City of Estell Manor.

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

(b)

Window signs are permitted on the premises of a business or a commercial use, provided that the same relate to the business or commercial activity conducted on the premises.

(c)

One temporary sign shall be permitted pertaining to the lease, rental or sale of the lot or building upon which the same is erected or maintained, provided that the sign is placed at least five feet inside the property line, and that it shall not exceed six square feet in area, except in the HC Highway Commercial Zone, in which zone it shall not exceed 12 square feet in area. All signs erected or maintained under this subsection shall be removed within seven days following closing or settlement on said property or the execution of a lease for same.

(d)

Political signs, which are signs endorsing a candidate for public office or a position on a public question to be voted upon in an upcoming election shall be permitted, provided that the same are removed within seven days after the election in question has taken place, except that in the case of a successful candidate in a primary election, the sign may be permitted to remain on the premises until seven days after the general election which follows.

(e)

No temporary sign advertising a mechanic, contractor, artisan or tradesman shall be permitted under this section.

(2)

Historical signs. Notwithstanding anything in this chapter to the contrary, signs on structures of historical significance for historical informational purposes are permitted, provided that the information set forth on said signs is limited to one or more of the following items: the name of the original or historic inhabitant or builder, date of construction of the structure and/or historical significance of the structure. Historical signs shall not exceed two square feet in area, and there shall be no more than one historical sign on the premises.

(3)

Signs for nonprofit institutions. Notwithstanding the sign standards for the zone in which the property is located, any property used for a church, school, lodge, club, veterans' organization or similar use which is organized and operated not for profit pursuant to Title 15 of the Revised Statutes of the State of New Jersey may have one sign per street frontage identifying the use by name. Said sign may be freestanding or attached and may contain such messages as those describing upcoming events, times of service or meetings and inspirational messages. The maximum size of a freestanding sign shall be 15 square feet, with a maximum height of 10 feet. No such sign shall be erected or displayed within five feet of any property line. An attached sign may not exceed 10% of the wall surface area of the wall on which said sign is placed.

(4)

Warning signs. Signs warning of any danger, as well as prohibiting trespassing, fishing or hunting, may be erected in all zones.

Signs restricted to particular uses or particular zones. The following regulations shall apply to signs in the following zones:

(1)

Residential signs. The following signs may be used in connection with a residence which is a permitted or valid nonconforming use in any zone:

(a)

One attached or freestanding residential nameplate sign situated within the property line and not to exceed 150 square inches shall be allowed.

(b)

One attached or freestanding sign indicating a permitted home occupation may be permitted, provided that such sign does not exceed 200 square inches in size and that it contains no advertising.

(2)

Highway Commercial Zones. The following regulations shall apply in the HC Highway Commercial Zones only:

(a)

One sign which relates to the business being conducted on the premises and which does not exceed an area equal to 15% of the area of the facade may be placed or inscribed upon the front facade of the building, provided that it shall not project outward more than 12 inches from the facade or extend above the uppermost edge of the facade.

(b)

One freestanding sign relating to the business being conducted on the premises and which does not exceed 32 square feet on any one side shall be permitted. The sign shall not be located closer than 10 feet to any property line.

(c)

If there is one business or use on the lot, the business may elect to use two attached signs and no freestanding sign.

(d)

A roof sign may be used in place of the permitted attached sign if the owner of the building can demonstrate that there is no other location on the building where the legal attached sign can be located. The size of the roof sign may not exceed the size requirements set forth below, nor shall it exceed 10 feet in height in any event.

(e)

The size of permitted freestanding signs shall not exceed 24 square feet or a height of 25 feet.

(f)

Permitted signs may be illuminated either from the interior or exterior, but not both, and shall be subject to the limitations of § 380-38F herein.

(g)

Motor vehicle service stations and tire and battery sales outlets are subject to the provisions of § 380-54J.

(3)

Signs permitted for business and industrial uses. The following regulations shall apply to signs for business and industrial uses in zones other than the HC Highway Commercial Zones:

(a)

(b)

One freestanding sign relating to the business being conducted on the premises and which does not exceed 32 square feet on any one side shall be permitted. The sign may be illuminated but shall not be located closer than 10 feet to any property line.

Sign permits and approval.

(1)

Sign permit required. It shall be unlawful to erect, alter, maintain, relocate, reconstruct or change in any manner by rewording or otherwise have a sign within the City of Estell Manor, except those exempted under Subsection I(2) hereunder, without first making application for and obtaining a permit for same from the Zoning Officer, which said permit shall be in addition to any other licenses or permits which may be required for the premises in question. A person seeking such permit shall follow the following procedure:

(a)

Application shall be made to the Zoning Officer in such form as may be required by him, showing the location of the sign in question, the size of the sign, the materials of which it is to be constructed, the nature of the illumination, if any, including the brightness of the same, and the height of the sign above the ground. Information regarding the exact location of signs to be attached to a building or structure should also be given. Except in the case of announcement-type signs with movable letters, the size and content of all wording on said sign shall be included.

(b)

The application shall be accompanied by a fee as provided in Chapter 185, Article III, Fees for City Services, and, in addition, there shall be an additional fee charged for each square foot of sign relating to business or commercial uses. This provision shall not apply to noncommercial signs. This fee shall be in addition to any fees required by § 340-14.

(2)

The following types of signs do not require a sign permit, nor shall a fee be charged for the same:

(a)

Signs for residential uses, as set forth under Subsection H(1) above.

(b)

Signs erected by a governmental agency.

(c)

Warning signs, such as "no-trespassing," "no-fishing" or "no-hunting" signs.

(d)

Temporary signs as permitted by Subsection G above, including political signs.

(3)

Notification. If at any time any sign is in violation of the provisions of this Code or constitutes a menace to the health, safety, morals or general welfare of the community, it shall notify the record owner and beneficial user of the premises on which the sign is located by serving a written notice upon him, together with a written notice of demand that the condition be remedied within 10 days from the receipt of said notice and demand. Said notice shall be deemed to be served when served to the last known address of said record owner and/or beneficial user and, if said address cannot be located, if sent to the address listed for the owner of the property in question on the tax lists of the City. If the condition is not so remedied within the time in question, the City Council may undertake necessary steps to rectify the same; in which case, all costs incident to the efforts may be assessed against the premises in question in the same manner as a special assessment and shall constitute a lien against the property on which said sign is erected or maintained as such.

Nonconforming signs. The following provisions are intended to either eliminate or bring into conformity all existing signs that do not conform to this chapter:

(1)

Any sign located within the City which does not conform to the provisions of this chapter, but did conform to the applicable laws and ordinances relating to signs at the time it was erected, shall be deemed a nonconforming sign and may continue its use until said sign loses its nonconforming status as defined below.

(2)

A nonconforming sign shall immediately lose its nonconforming status if a sign is altered in any way in structure or size, if the sign is replaced or if it is completely destroyed. Upon the occurrence of any one of the events described in this subsection, the sign shall immediately be brought into compliance with this chapter or removed. The replacement or repair of any sign losing its nonconforming status shall be subject to all provisions of this § 380-38, including the requirement for a permit, if applicable.

(3)

Periodic maintenance, as required herein, shall not be considered an alteration resulting in the loss of a sign's nonconforming status.

(4)

Nothing contained in this § 380-38J shall prevent the Pinelands Commission from requiring the removal of any sign that is not then in compliance with the terms of this § 380-38, regulating signs, or any other section of the Code of the City of Estell Manor, as the same may have hereafter been amended, by January 14, 1991.

§ 380-39 Buffering and screening.

[Amended by Ord. No. 82-6]

Buffer strip.

(1)

Where specified, a buffer strip shall be provided along the side and rear property lines so as to provide protection to adjacent properties. Buffer strips shall be free from structures, accessory buildings, signs, driveways, parking areas, outdoor storage areas, recreation facilities or other active uses.

(2)

Buffer strips shall be attractively planted with trees, shrubs, plants and grass lawns of species approved by the Planning Board and in accordance with approved site plans.

Screening. Where specified, screening shall be provided with buffer strips so as to provide a visual or partial acoustical barrier to conceal the view or sounds of various utilitarian operations and uses from the street or adjacent properties. Screening may consist of the following:

(1)

A solid masonry wall not less than five feet six inches above ground level.

(2)

A solid fencing uniformly painted or of a naturally durable material, such as cedar, cypress or redwood, not less than six feet above ground level and open to the ground to a height of not more than four inches above ground level.

(3)

Dense hedges of shrubbery or evergreens planted at 30 inches on center in a single row or at five feet on center in two staggered rows. Evergreens or shrubs shall be a minimum of four feet above ground level at the time of planting and maintained at a minimum of six feet above ground level after reaching maturity. The composition of such plantings shall be subject to § 380-42A of this chapter.

§ 380-40 Off-street parking.

[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 96-2]

General provisions. Off-street parking spaces, open air or indoor, shall be provided with all new construction or the creation of new uses as specified in this chapter, on the same lot as the use which they are intended to service, except as provided under § 380-40B, and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the use it serves is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways shall be surfaced with a dustless, durable, all-weather surface, clearly marked for car spaces, except when provided in connection with one-family residences, and shall be adequately drained and subject to the approval of the City Engineer. The provision of off-street parking, in accordance with the standards of this section, shall accompany any rebuilding, reconstruction, alteration or remodeling insofar as possible and reasonable without increasing the degree of amount of nonconformance with this chapter existing December 30, 1968.

(1)

The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned by one or more of the collective users.

(2)

All parking areas and appurtenant passageways and driveways serving business uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by business users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.

(3)

None of the off-street parking facilities that are required in this chapter shall be required for any existing building or use, unless the building or use shall be enlarged, rebuilt, reconstructed, altered or remodeled.

(4)

Access aisles and driveways, including driveways to parking areas, shall be not less than 12 feet in width in all zones. Aisles and driveways within parking areas shall have a minimum width of:

(a)

For parking at ninety-degree- to sixty-degree-angle parking, 25 feet.

(b)

For sixty-degree- to forty-five-degree parking, 19 feet.

(c)

For less than forty-five-degree parking, 17 feet.

(d)

For parallel parking, 12 feet.

(5)

A site plan shall be filed with the building permit application where off-street parking facilities are required or permitted under the provisions of this chapter in connection with the use or uses for which application is being made. Surfacing, landscaping and the location and design of entrances, exits, marking and lighting shall be subject to the approval of the Planning Board to ensure adequate relation to traffic safety and protection of the adjacent residence area. The Building Inspector shall hereafter issue a building permit, which may be revoked at any time that the aforementioned requirements are not complied with. Any permittee who uses premises to which the permit relates in violation of any of the conditions specified by this section or fixed to such permit shall be deemed in violation of this chapter and shall be subject to the penalties enumerated in § 380-81, Violations and penalties, of this chapter.

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

Parking areas in commercial zones. Every parcel of land hereafter used as a public or private parking area in a commercial zone shall be developed and maintained in accordance with the following requirements:

(1)

Off-street parking areas shall be effectively screened on any side which adjoins or faces premises situated, in any residence zone district or institutional premises, by a solid, uniformly painted fence or wall not less than four nor more than six feet in height maintained in good condition, provided that, where the adjacent owners agree, in writing, a screening of hedge or other natural landscaping may be substituted for the required fence or wall. No part of any parking area shall be closer than 10 feet to any lot containing any school, hospital or other institutional building unless screened by an unpierced masonry wall.

(2)

Parking areas may be located in any yard space for commercial uses and in any yard but the front yard for other uses, but shall not be closer than 10 feet to any street line or property line.

(3)

Not more than two curb cuts of not less than 20 feet or more than 30 feet in width used as a means of ingress or egress for nonresidential off-street parking areas shall be submitted for each 200 feet of frontage on a public street, nor shall any such curb cut be located closer than 50 feet to the intersection of two public streets.

(4)

Off-street parking areas located in the HC Highway Commercial Zones and which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Planning Board. The shade trees shall be located in a planned manner within the parking lot area in quantity equal to not less than one shade tree for every 10 parking spaces.

(5)

For all commercial and all nonresidential uses in the RV Residential Village and HC Highway Commercial Zones, required parking shall be provided within 150 feet of such use. It shall be measured from the nearest point of the building that such facility is required to serve.

(6)

The provisions of this section may be set by participation in a community parking program designed to serve a larger area, provided that plans for such community parking have been approved by the Planning Board.

Required off-street parking space.

(1)

For one-family detached dwellings, two spaces shall be provided for each dwelling unit.

(2)

Barber and beauty shops, two spaces per chair, plus one additional space for each employee.

(3)

Banks, financial and business offices and professional offices, one parking space for every 150 square feet of building area or major fraction thereof.

(4)

Retail and service stores, except when otherwise specifically covered here, one parking space for every 100 square feet of building area or major fraction thereof.

(5)

For any building, dwelling or structure where more than three persons are sheltered or fed for profit, one space shall be provided for each such person in addition to other spaces which may elsewhere be required.

(6)

Home professional office, three spaces for client use exclusive of spaces required for residential purposes.

(7)

Churches, assembly halls and similar places of public and quasi-public assembly having fixed seating facilities, one parking space for every five seats in the main assembly unit.

(8)

Auditoriums, exhibition halls, assembly halls, community centers and similar places of public and quasi-public assembly not having fixed seating facilities, one parking space for every six persons who may legally be admitted therein at one time under the state fire prevention laws.

(9)

Stores for the retail sale of furniture, appliances, hardware, one parking space for every 400 square feet of building area or major fraction thereof.

(10)

Restaurants and diners (indoor service only), one parking space for every four seats for customers, plus one space for every two employees.

(11)

Drive-in restaurants and coffee shops, one parking space for every 25 square feet of area or major fraction thereof.

(12)

Industrial establishments, one parking space for every 500 square feet of gross floor area of manufacturing or storage area and one parking space for each 200 square feet of gross floor area of office use.

(13)

Other outdoor recreation uses, five parking spaces for each gross acre of land.

(14)

The enumeration of any specific use set forth above shall not be construed as making any such use a legal use in any zone within the City.

Off-street loading and unloading provisions.

(1)

For every building, structure or part thereof having over 4,000 square feet of gross floor area erected and occupied for commerce, laundry, dry cleaning, places of public and quasi-public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building structure or addition thereto having a use which complies with the above definition shall be provided with at least one loading space. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet or fraction thereof of gross area in the building.

(2)

Access to truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.

(3)

Loading space as required under this section shall be provided an area in addition to off-street parking space and shall not be considered as supplying off-street parking space.

(4)

The enumeration of any specific use set forth above shall not be construed as making any such use a legal use in any zone within the City.

Storage of motor vehicles. Where otherwise permitted by this Code, except in the case of automobile sales establishments in the HC Highway Commercial Zone, if 10 or more automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot only if such motor vehicles are adequately screened from adjacent residential uses and scenic corridors under § 380-39. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

§ 380-41 Fences and walls.

No fence or wall hereafter erected, altered or reconstructed in any zone in the City may exceed three feet in height above the ground level when located within 25 feet of the intersection of two street lines.

No fence or wall hereafter erected, altered or reconstructed in any residential zone or on lots in any other zone on which residential buildings are erected shall exceed six feet in height above the adjacent ground level when located more than 25 feet from the street line toward which the front entrance of the main building on the property faces.

The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding 15 feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that the wall does not exceed the heights to be measured from the ground level of the highest adjacent grade.

Every fence or wall shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Building Inspector.

All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.

If the Building Inspector, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for the findings and order such fence or wall or portion of such fence or wall repaired or removed within 15 days of the date of the written notice.

Fences between the lands of adjoining landowners constructed of barbed wire or wire on which barbs or points are strung or fastened shall not be deemed lawful fences unless their erection is consented to by the adjoining owner, and such fences are hereby prohibited without such consent.

[Added by 8-2-2006 by Ord. No. 07-2006]

§ 380-42 Special development standards in the Pinelands Area.

[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 84-10; Ord. No. 89-4; Ord. No. 97-32; Ord. No. 98-2; 4-2-2003 by Ord. No. 03-03; 11-14-2018 by Ord. No. 04-2018; 7-2-2024 by Ord. No. 11-2024; 7-2-2024 by Ord. No. 12-2024]

In addition to the standards set forth in the Code of the City of Estell Manor, all development in the Pinelands Area of the City shall be also consistent with the goals, policies and objectives of the Pinelands Comprehensive Management Plan and N.J.A.C., Title 7, Chapter 50. These standards are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter and the Pinelands Protection Act. In the event of a conflict between any provisions, the stricter provision shall apply. All development in the Pinelands Area shall comply with the standards herein set forth, the requirements of § 340-13F of the Estell Manor Code, as heretofore or hereafter amended, and all of the provisions of the ordinances of the City of Estell Manor:

Vegetation and landscaping. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local population of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27. In addition, the following standards shall apply:

(1)

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

(2)

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

(a)

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

(b)

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

(3)

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection A(4) below.

(4)

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection A(3) above shall incorporate the following elements:

(a)

The limits of clearing shall be identified.

(b)

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.

(c)

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.

(d)

Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

[1]

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

[2]

For limited ornamental purposes around buildings and other structures; or

[3]

When limited use of other shrubs or tree species is required for proper screening or buffering.

Fish and wildlife. No development shall be carried out on the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq., as heretofore or hereafter amended, and unless it avoids disturbance of distinct fish and wildlife habitats that are essential to the continued resting, nesting or eating and feeding of significant populations of fish and wildlife in the Pinelands.

Forestry. Forestry in the Pinelands Area shall be carried out in accordance with the standards set forth in N.J.A.C. 7:50-6.46; as well as those set forth in Chapter 357, Article II, Tree Cutting and Forestry, of the Code of the City of Estell Manor.

Recommended management practices for agriculture. All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or other used in the Pinelands Areas. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

Water quality.

(1)

All development shall be designated and carried out so that the quality of surface water and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.

(2)

Except as specifically authorized in this section, no development which degrades surface water or groundwater quality or which establishes new point sources of pollution shall be permitted.

(3)

No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

(4)

The following point and nonpoint sources may be developed and operated in the Pinelands:

(a)

Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection F(4)(b) through (f) below, provided that:

[1]

There will be no direct discharge into any surface water body.

[2]

All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.

[3]

All public wastewater treatment facilities are designed to accept and treat septage.

[4]

All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

(b)

Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection F(4)(a)[2] above, provided that

[1]

There will be no direct discharge into any surface water body.

[2]

The facility is designed only to accommodate wastewater from residential, commercial and industrial development existing at the time of the application.

[3]

Adherence to Subsection F(4)(a)[2] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees as judged against relevant Federal Environmental Protection Agency guidelines.

[4]

The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

(c)

Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

[1]

There is no practical alternative available that would adhere to the standards of Subsection F(4)(a)[1] above.

[2]

There is no increase in the existing approved capacity of the facility.

[3]

All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

(d)

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[1]

The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter or authorized by variance.

[2]

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(4)(d)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 380-33E or 380-44.

[3]

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.

[4]

The depth to seasonal high water table is at least five feet.

[5]

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.

[6]

The system will be maintained and inspected in accordance with the requirements of Subsection F(5) below.

[7]

The technology has been approved for use by the New Jersey Department of Environmental Protection.

[8]

Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

(e)

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[1]

The standards set forth in Subsection F(4)(d)[1] and [3] through [8] above are met.

[2]

If the proposed development is non-residential and located outside of the RV zone, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

[3]

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(4)(d)[3] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 380-33E or 380-44.

(f)

Surface water runoff, provided that all requirements of Chapter 330, Part 1 are met.

(g)

Alternate design pilot program treatment systems, provided that:

[1]

The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter or authorized by variance;

[2]

The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection F(4)(g)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 380-33E or 380-44;

[3]

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

[4]

The depth to seasonal high water table is at least five feet;

[5]

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

[6]

No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;

[7]

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

[8]

Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

[9]

The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

[10]

Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

[11]

The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection F(4)(g)[9] above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.

(5)

The owner of every on-site septic wastewater treatment facility in the Pinelands Area which was installed pursuant to any construction which received final approval on or after April 1, 1933 shall, as soon as suitable septic disposal facility capacity is available, in accordance with the provisions of Chapter 236 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:

(a)

Have the facility inspected by a qualified technician at least once every five years.

(b)

Where shown to be necessary by said inspection, have such facility cleaned.

(c)

Once every five years, submit to the Board of Health serving the City a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and the date of the same and, if cleaned, the name of the person who performed the cleaning and the date of the same.

(6)

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[1]

[1]

Editor's Note: See N.J.S.A. 58:10A-21 et seq.

(7)

Water management.

(a)

Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

(b)

A diversion within the Pinelands Area portion of Estell Manor City that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection F(7)(b)[1] and [2] below, or outside of either basin, shall be prohibited.

[1]

The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

[2]

The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

(c)

A diversion within the Pinelands Area portion of Estell Manor City involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection F(7)(b)[1] and [2] above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection F(7)(d) below.

(d)

Within the Pinelands Area portion of Estell Manor City a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection F(7)(d)[3] through [6] below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

[1]

When evaluating whether the proposed diversion meets the criteria set forth at Subsection F(7)(d)[3] through [6] below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.

[2]

The standards set forth at Subsection F(7)(d)[3] through [6] below shall not apply to:

[a]

A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

[i]

Be approximately the same depth as the existing well;

[ii]

Divert from the same aquifer as the existing well;

[iii]

Have the same or lesser pump capacity as the existing well; and

[iv]

Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

[b]

Any proposed diversion that is exclusively for agricultural or horticultural use; or

[c]

Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.

[3]

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Agricultural Production Area.

[4]

A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.

[5]

A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.

[6]

An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.

Miscellaneous regulations regarding chemical and toxic substances. The following regulations shall apply:

(1)

All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.[2]

[2]

Editor's Note: Former Subsection 10-8.5g2 of the 1974 Revised General Ordinances, regarding storage, discharge or disposal of hazardous waste, which previously followed this subsection, was repealed 7-2-1997 by Ord. No. 97-3.

(2)

Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of any such substances to any surface water or groundwater or any land:

(a)

Septic tank cleaners; and

(b)

Waste oil.

(3)

No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.

Scenic quality. The following regulations shall apply:

(1)

All structures in the Pinelands Area within 1,000 feet of the center line of the Tuckahoe River, Middle River or Egg Harbor River, as designated in N.J.A.C. 7:50-6.105, shall be designated to avoid visual impact as viewed from the river.[3]

[3]

Editor's Note: Former Subsection 10-8.5h1 of the 1974 Revised General Ordinances, dealing with the Pinelands Area, which previously preceded this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

(2)

New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

(3)

Aboveground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses in accordance with § 380-42A.

(4)

All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

(5)

This Subsection H shall not be construed as amending any of the requirements on the revised Schedule of Yard, Area and Bulk Requirements.[4] To the contrary, the more stringent requirement of this Subsection H or the Revised Schedule of Yard, Area and Bulk Requirements shall apply.

[4]

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

Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1 through 3 and with the New Jersey Department of Environmental Protection's publication Administrative Guidelines: Barrier Free Design Standards for Parks and Recreation Facilities.

Historic resource preservation.

(1)

For all resources designated by the Pinelands Commission or by the City Council as historic landmarks pursuant to § 380-20F through G hereof, the provisions § 380-20H regarding the requirement for a certificate of appropriateness shall apply.

(2)

The requirement for a certificate of appropriateness shall also apply in the same manner and according to the same procedures for any development not otherwise exempted from review pursuant to § 380-77A(2) of this chapter where a significant resource has been identified pursuant to Subsection J(3) below.

(3)

A cultural resource survey shall accompany all applications for development in the RV Village Residence Zone and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

(a)

This requirement for a survey may be waived by the local approval agency if:

[1]

There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

[2]

The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or

[3]

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection J(3)(b) below.

(b)

A resource shall be deemed to be significant if it meets the qualifications for an historic landmark as defined in Article II hereof.

(4)

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection J(3) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Mayor and City Council pursuant to § 380-20G hereof within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

(5)

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

(a)

A narrative description of the resource and its cultural environment;

(b)

Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;

(c)

A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and

(d)

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology, if necessary to elaborate upon the photographic record.

(6)

If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data; Procedures for Notification, Reporting, and Data Recovery (36 CFR Part 66).[5]

[5]

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

Fire management.

(1)

All proposed developments, or units or sections thereof, of 25 dwelling units or more shall have two accessways of a width and surface composition sufficient to accommodate and support firefighting equipment.

(2)

No development in the Pinelands Area shall be carried out in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in N.J.A.C. 7:50-6.113 unless such development complies with the following standards:

(a)

All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

(b)

The rights-of-way of all roads shall be maintained so that they provide an effective fire break.

(c)

A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, shrubs and ground cover, as follows:

[1]

In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

[a]

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b]

All dead plant material is removed.

[2]

In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:

[a]

Shrubs, understory trees and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b]

All dead plant material is removed.

[3]

In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:

[a]

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b]

No pine tree (Pinus species) is closer than 25 feet to another pine tree.

[c]

All dead plant material is removed.

(d)

All structures shall meet the following specifications:

[1]

Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.

[2]

All projections, such as balconies, ducts and roof gables, shall be construed of fire-resistant materials or materials treated with fire-retardant chemicals.

[3]

Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets; and

[4]

Flat roofs are prohibited in areas where vegetation is higher than the roof.

(e)

All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a perimeter fuel break of 200 feet between all structures and the forest in which:

[1]

Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;

[2]

All dead plant material is removed;

[3]

Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and

[4]

There is a specific program for maintenance.

Air quality.

(1)

All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq.

(2)

Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in any district in the Pinelands Area shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.

(3)

Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

Recommended management practices for agriculture.

(1)

All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

(2)

In the Agricultural Production Zone, a resource conservation plan shall be prepared by the operator of every agricultural use, or the appropriate Soil Conservation District, located in an area which has been designated by an agency of federal, state or local government as having substandard surface water or groundwater. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:

(a)

Erosion and runoff: Soil Conservation Service Technical Guide;

(b)

Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and

(c)

Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

(3)

All agricultural operations in the Agricultural Production Zone shall be exempt from any ordinance or regulation which inhibits efficient crop production, including, but not limited to, ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health. The provisions of § 380-22 of this chapter shall apply, however.

Cluster development in the Pinelands forest area. In the R-25, R-10, R-5, SD and C Zones, clustering of one-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:

(1)

Permitted density:

(a)

In the R-25 and C Zones: one unit per 25 acres.

(b)

In the R-10 Zone: one unit per 10 acres.

(c)

In the R-5 Zone: one unit per five acres.

(d)

In the SD Zone: one unit per 3.2 acres.

(2)

The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection N(1) above, with a bonus applied as follows:

Parcel Size	SD Zone	R-5 Zone	R-10 Zone
<50 acres	0	0	0
50 to 99.99 acres	10%	15%	20%
100 to 149.99 acres	15%	20%	25%
>150 acres	20%	25%	30%

(3)

The residential cluster shall be located on the parcel such that the development area:

(a)

Is located proximate to existing roads;

(b)

Is located proximate to existing developed sites on adjacent or nearby parcels;

(c)

Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

(d)

Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.

(4)

Development within the residential cluster shall be designed as follows:

(a)

Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

(b)

The following minimum yard and bulk requirements shall apply:

[1]

Lot frontage: 120 feet.

[2]

Lot depth: 150 feet.

[3]

Front yard: 50 feet.

[4]

Side yard, each: 20 feet.

[5]

Side yard, both: 50 feet.

[6]

Rear yard: 25 feet.

(c)

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 380-42F(4)(d) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection N(5)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 380-42F(4)(e) or (g). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 380-42F(4)(e) or (g) shall also be permitted;

(d)

The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

(e)

Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than one-half acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

(5)

The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Estell Manor City or incorporated as part of one of the lots within the cluster development area.

(a)

All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Estell Manor City or another public agency or nonprofit organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

(b)

The deed of restriction shall permit the parcel to be managed for:

[1]

Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter; and

[2]

Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

[a]

For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;

[b]

For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;

[c]

For those agricultural uses established after April 6,2009 which do not meet the standards of Subsection N(5)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection N(5)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;

[d]

The deed of restriction to be recorded pursuant to Subsection N(5)(b)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and

[e]

For parcels which meet the standards of Subsection N(5)(b)[2][a] or [b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.

§ 380-43 Windmills.

[Amended by Ord. No. 82-6]

Windmills shall be designed and located so as to minimize noise and other disturbances to surrounding properties.

§ 380-44 Pinelands development credits.

[Amended by Ord. No. 83-4; Ord. No. 89-4; Ord. No. 91-2; Ord. No. 91-11; Ord. No. 92-4; Ord. No. 93-9; Ord. No. 94-4; Ord. No. 97-3]

Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement Subsection B below, every parcel of land in the AP Agricultural Production Zone shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a regional growth area. Pinelands development credits may also be allocated to certain properties in the City by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.01 et seq., as amended or supplemented.

Pinelands development credits are hereafter established in the AP Agricultural Production Zone at the following ratios:

(1)

Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.

(2)

Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.

(3)

Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.

(4)

Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.

(5)

Other wetlands: 0.2 Pinelands development credit per 39 acres.

The allocations established in Subsection B above shall be reduced as follows:

(1)

Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development entitlement.

(2)

The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.

(3)

The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling on the parcel retained by the owner of the property pursuant to Subsection G below or when a variance for cultural housing is approved by the City pursuant to § 380-18A(11) of this chapter.

(4)

The Pinelands development credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands development credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq., as amended or supplemented, when a waiver of strict compliance is granted by the Pinelands Commission.

The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection B above.

Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Agricultural Production Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this section shall also apply to owners of record of less than 0.10 acres of land in the Agricultural Production Zone, as of February 7, 1979, provided that said owners acquired vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection B above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.

No Pinelands Development Credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection I below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.

Notwithstanding the provision of Subsection F above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.

No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

Such deed restrictions shall specify the number of Pinelands development credits sold and that the property in the AP Agricultural Production Zone may only be used in perpetuity for the following uses: agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel and no more than 1% of the parcel will be covered with impermeable surfaces; fish and wildlife management; wetlands management; agricultural sales establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, loading and operation of aircraft as part of an ongoing agricultural operation; agricultural products processing facilities; and accessory uses. In all other Pinelands zones the deed restriction shall specify that the property may only be used in perpetuity for agriculture, forestry, and low-intensity recreational uses. Said deed restrictions shall be in a form approved by both the Pinelands Commission and the solicitor for the approval agency.

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

Pinelands development credits shall be used in the following manner:

(1)

When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the RV Zone is granted by the City, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.

(2)

When a variance for cultural housing is granted by the City in accordance with § 380-18 all of this chapter.

(3)

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq., as amended or supplemented.

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the City with evidence of legal or equitable ownership of the requisite Pinelands development credits; provided, however, that the City may grant preliminary subdivision or site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan the developer shall provide evidence of either legal or equitable Pinelands development credit ownership to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the City with evidence of his, her or its ownership of the requisite Pinelands development credit, that those Pinelands development credits have been redeemed with the City and that title in fee to the premises in question (which title may be subject to mortgage liens and easements which in the opinion of the Pinelands Commission and Approval Agency do not affect the ability of the developer to complete the project) is in the developer. Notification of any such preliminary or final approval shall be made to the Pinelands Commission pursuant to § 380-77D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands Development Credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6.

§ 380-45 Recycling area for multifamily housing developments.

[Amended by Ord. No. 94-4]

There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling areas and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.[1]

[1]

Editor's Note: See N.J.S.A. 40:55D-28.

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly, separated from, a refuse dumpster.

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials, bins or containers.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

§ 380-46 Driveways.

[Amended by Ord. No. 96-2]

The purpose of this § 380-46 is to set certain standards for the design and location of driveways and driveway openings in order to promote the safety, public well-being, convenience and public welfare of the City and to permit access to properties for the purposes of combating fires and other emergencies and to ensure emergency vehicle access, and the promotion of public safety.

No driveway which connects to an existing or proposed public right-of-way within the City of Estell Manor may be constructed or substantially modified unless the owner first obtains a driveway permit from the Zoning Officer. Application for said driveway permit shall be made in duplicate with the Zoning Officer, who shall transmit one copy thereof to the City Clerk. The applicant shall also file with the Fire Department a copy of said application. Said application can be in conjunction with an application for a zoning permit or a building permit. In such case, only the portions of the application dealing with the driveway need be submitted to the Fire Department. No fee shall be charged for a driveway permit, but if a driveway permit is sought in conjunction with a zoning or building permit, the normal fees for such permits shall be applicable.

The Fire Official shall, after receiving the application for a permit, cause to review the proposed plans and, if necessary, inspect the site of the proposed driveway or modified driveway.

Minimum design requirements. All driveways to be constructed or modified shall be done in accordance with the following minimum requirements:

(1)

Driveways shall intersect the public way at an angle to as near 90° as site conditions will permit and in no case less than 60°.

(2)

Driveways shall have a minimum width of 12 feet maintained.

(3)

The minimum driveway width plus a two-foot-wide strip on each side shall be kept cleared of vegetation and other obstructions. This cleared width shall extend from one foot above the driveway surface to a height of 14 feet and shall be properly maintained.

(4)

Driveways shall be designed to provide as straight a route as possible from the public road to the premises on site. If it is necessary to construct an angle point in the driveway, this angle point shall be no greater than 30°, as measured from the center line of the driveway.

(5)

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.

(6)

All driveways constructed after the effective date of this chapter shall be surfaced with compacted material of such quality as to provide a hard surface sufficient to bear a minimum vehicle weight of 36,000 pounds [18 tons] in rainy or snowy weather. This requirement shall not apply to any drives which have been contracted or are under active construction on the effective date of this chapter.

Visibility. All driveways shall be constructed or modified at such an angle so as to assure maximum visibility in both directions, taking into account physical obstructions which may be present and which cannot be removed or modified by the person seeking to construct the driveway. Any obstructions to vision which can be removed or modified by the person seeking to construct the driveway should be so removed or modified.

Plot plan or sketch.

(1)

All applications for a permit for a driveway or modified driveway shall include a plot plan or sketch, which need not be drawn by a licensed engineer and need not be drawn to scale, showing the location of the proposed driveway and shall include, at a minimum, the following:

(a)

The name and address of the owner and applicant.

(b)

The Tax Map Sheet, block and lot number.

(c)

The property lines and North arrow.

(d)

The setback and location of structures, proposed and existing.

(e)

The type of storm drainage to be constructed at the driveway entrance, if necessary.

(f)

The location of all existing drives.

(2)

In addition, the Fire Department is authorized to approve an application form which, if so approved, shall be utilized by the applicant.

Approval of fire department. No driveway or modified driveway shall be constructed in the City of Estell Manor without the approval of the Fire Department, which approval shall be conveyed to the Zoning Officer. The Zoning Officer shall not issue a permit for the driveway until said approval has been received in writing; provided, however, that if the Fire Department has not inspected and conveyed to the Zoning Officer its approval or disapproval of the proposed plans within 30 days of receipt of its copy of the application, the plan shall be deemed to be approved by the Fire Department.

Existing drives. The Fire Official may review existing drives to ascertain whether or not fire equipment can safely enter the premises and have access to all structures and other flammable objects on said premises in order to fight any fires or handle any other emergencies that may occur. The Fire Official may enter onto private property for this purpose. In the event that the Fire Official shall ascertain that there is an obstacle preventing the full utilization of fire or other equipment in emergency situations, that official shall notify the owner or occupant of said property and request that said condition be abated.

Permits where no driveway contemplated. The lack of a driveway permit shall not prevent the issuance of a building permit, zoning permit or certificate of occupancy, so long as the construction plans do not provide for construction or reconstruction of any driveway.

Other construction pending driveway permit. The lack of a driveway permit shall not prevent the issuance of a building permit or zoning permit, so long as there is no construction work involving either a new driveway or modified driveway until said permit shall be received. However, in the case of any such construction involving a new or modified driveway, no certificate of occupancy shall be issued until a driveway permit has been received and its requirements met.

Certificate of occupancy. There shall be no certificate of occupancy for any construction involving either a new or modified driveway until a driveway permit is received and construction in accordance with its terms has been approved by the Construction Official.

Records. The Fire Department shall keep records of all permits issued and all inspections made under the provisions of this subsection.

Maintenance of driveways. The owner of any driveway for which a permit has been issued under this § 380-46 shall maintain the same so that the minimum design standard set forth in Subsection D above shall at all times be met.

Estell Manor City Zoning Code

ARTICLE VII

Special Regulations

§ 380-38 Sign regulations.

[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 86-10; Ord. No. 93-9]

(1)

No sign shall be permitted which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, other than warning or safety signs.

(2)

(3)

No sign shall be placed in a way that impedes or interferes in any way with the operation of a traffic light, traffic directional signal or general traffic visibility.

(4)

(5)

(6)

No billboard or billboard-type signs shall be erected or maintained.

(7)

(8)

(9)

Exceptions. The regulations set forth in Subsection A shall be subject to the following exceptions:

(1)

The same shall not apply to any sign or directional device erected or maintained by any governmental body or agency.

(2)

(3)

Signs permitted in all zones. The following types of signs shall be permitted in all zones, subject to the regulations set forth below and elsewhere in this section:

(1)

(a)

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

(b)

Window signs are permitted on the premises of a business or a commercial use, provided that the same relate to the business or commercial activity conducted on the premises.

(c)

(d)

(e)

No temporary sign advertising a mechanic, contractor, artisan or tradesman shall be permitted under this section.

(2)

(3)

(4)

Warning signs. Signs warning of any danger, as well as prohibiting trespassing, fishing or hunting, may be erected in all zones.

Signs restricted to particular uses or particular zones. The following regulations shall apply to signs in the following zones:

(1)

Residential signs. The following signs may be used in connection with a residence which is a permitted or valid nonconforming use in any zone:

(a)

One attached or freestanding residential nameplate sign situated within the property line and not to exceed 150 square inches shall be allowed.

(b)

One attached or freestanding sign indicating a permitted home occupation may be permitted, provided that such sign does not exceed 200 square inches in size and that it contains no advertising.

(2)

Highway Commercial Zones. The following regulations shall apply in the HC Highway Commercial Zones only:

(a)

(b)

(c)

If there is one business or use on the lot, the business may elect to use two attached signs and no freestanding sign.

(d)

(e)

The size of permitted freestanding signs shall not exceed 24 square feet or a height of 25 feet.

(f)

Permitted signs may be illuminated either from the interior or exterior, but not both, and shall be subject to the limitations of § 380-38F herein.

(g)

Motor vehicle service stations and tire and battery sales outlets are subject to the provisions of § 380-54J.

(3)

Signs permitted for business and industrial uses. The following regulations shall apply to signs for business and industrial uses in zones other than the HC Highway Commercial Zones:

(a)

(b)

Sign permits and approval.

(1)

(a)

(b)

(2)

The following types of signs do not require a sign permit, nor shall a fee be charged for the same:

(a)

Signs for residential uses, as set forth under Subsection H(1) above.

(b)

Signs erected by a governmental agency.

(c)

Warning signs, such as "no-trespassing," "no-fishing" or "no-hunting" signs.

(d)

Temporary signs as permitted by Subsection G above, including political signs.

(3)

Nonconforming signs. The following provisions are intended to either eliminate or bring into conformity all existing signs that do not conform to this chapter:

(1)

(2)

(3)

Periodic maintenance, as required herein, shall not be considered an alteration resulting in the loss of a sign's nonconforming status.

(4)

§ 380-39 Buffering and screening.

[Amended by Ord. No. 82-6]

Buffer strip.

(1)

(2)

Buffer strips shall be attractively planted with trees, shrubs, plants and grass lawns of species approved by the Planning Board and in accordance with approved site plans.

(1)

A solid masonry wall not less than five feet six inches above ground level.

(2)

(3)

§ 380-40 Off-street parking.

[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 96-2]

(1)

(2)

(3)

(4)

Access aisles and driveways, including driveways to parking areas, shall be not less than 12 feet in width in all zones. Aisles and driveways within parking areas shall have a minimum width of:

(a)

For parking at ninety-degree- to sixty-degree-angle parking, 25 feet.

(b)

For sixty-degree- to forty-five-degree parking, 19 feet.

(c)

For less than forty-five-degree parking, 17 feet.

(d)

For parallel parking, 12 feet.

(5)

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

(1)

(2)

Parking areas may be located in any yard space for commercial uses and in any yard but the front yard for other uses, but shall not be closer than 10 feet to any street line or property line.

(3)

(4)

(5)

(6)

Required off-street parking space.

(1)

For one-family detached dwellings, two spaces shall be provided for each dwelling unit.

(2)

Barber and beauty shops, two spaces per chair, plus one additional space for each employee.

(3)

Banks, financial and business offices and professional offices, one parking space for every 150 square feet of building area or major fraction thereof.

(4)

Retail and service stores, except when otherwise specifically covered here, one parking space for every 100 square feet of building area or major fraction thereof.

(5)

(6)

Home professional office, three spaces for client use exclusive of spaces required for residential purposes.

(7)

Churches, assembly halls and similar places of public and quasi-public assembly having fixed seating facilities, one parking space for every five seats in the main assembly unit.

(8)

(9)

Stores for the retail sale of furniture, appliances, hardware, one parking space for every 400 square feet of building area or major fraction thereof.

(10)

Restaurants and diners (indoor service only), one parking space for every four seats for customers, plus one space for every two employees.

(11)

Drive-in restaurants and coffee shops, one parking space for every 25 square feet of area or major fraction thereof.

(12)

(13)

Other outdoor recreation uses, five parking spaces for each gross acre of land.

(14)

The enumeration of any specific use set forth above shall not be construed as making any such use a legal use in any zone within the City.

Off-street loading and unloading provisions.

(1)

(2)

(3)

Loading space as required under this section shall be provided an area in addition to off-street parking space and shall not be considered as supplying off-street parking space.

(4)

The enumeration of any specific use set forth above shall not be construed as making any such use a legal use in any zone within the City.

§ 380-41 Fences and walls.

Every fence or wall shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Building Inspector.

All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.

[Added by 8-2-2006 by Ord. No. 07-2006]

§ 380-42 Special development standards in the Pinelands Area.

(1)

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

(2)

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

(a)

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

(b)

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

(3)

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection A(4) below.

(4)

(a)

The limits of clearing shall be identified.

(b)

(c)

(d)

Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

[1]

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

[2]

For limited ornamental purposes around buildings and other structures; or

[3]

When limited use of other shrubs or tree species is required for proper screening or buffering.

Water quality.

(1)

(2)

Except as specifically authorized in this section, no development which degrades surface water or groundwater quality or which establishes new point sources of pollution shall be permitted.

(3)

No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

(4)

The following point and nonpoint sources may be developed and operated in the Pinelands:

(a)

[1]

There will be no direct discharge into any surface water body.

[2]

[3]

All public wastewater treatment facilities are designed to accept and treat septage.

[4]

All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

(b)

[1]

There will be no direct discharge into any surface water body.

[2]

The facility is designed only to accommodate wastewater from residential, commercial and industrial development existing at the time of the application.

[3]

[4]

(c)

Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

[1]

There is no practical alternative available that would adhere to the standards of Subsection F(4)(a)[1] above.

[2]

There is no increase in the existing approved capacity of the facility.

[3]

(d)

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[1]

The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter or authorized by variance.

[2]

[3]

[4]

The depth to seasonal high water table is at least five feet.

[5]

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.

[6]

The system will be maintained and inspected in accordance with the requirements of Subsection F(5) below.

[7]

The technology has been approved for use by the New Jersey Department of Environmental Protection.

[8]

(e)

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[1]

The standards set forth in Subsection F(4)(d)[1] and [3] through [8] above are met.

[2]

If the proposed development is non-residential and located outside of the RV zone, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

[3]

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(4)(d)[3] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 380-33E or 380-44.

(f)

Surface water runoff, provided that all requirements of Chapter 330, Part 1 are met.

(g)

Alternate design pilot program treatment systems, provided that:

[1]

The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter or authorized by variance;

[2]

[3]

[4]

The depth to seasonal high water table is at least five feet;

[5]

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

[6]

[7]

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

[8]

Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

[9]

The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

[10]

[11]

(5)

(a)

Have the facility inspected by a qualified technician at least once every five years.

(b)

Where shown to be necessary by said inspection, have such facility cleaned.

(c)

(6)

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[1]

[1]

Editor's Note: See N.J.S.A. 58:10A-21 et seq.

(7)

Water management.

(a)

Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

(b)

[1]

The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

[2]

The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

(c)

(d)

[1]

[2]

The standards set forth at Subsection F(7)(d)[3] through [6] below shall not apply to:

[a]

A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

[i]

Be approximately the same depth as the existing well;

[ii]

Divert from the same aquifer as the existing well;

[iii]

Have the same or lesser pump capacity as the existing well; and

[iv]

Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

[b]

Any proposed diversion that is exclusively for agricultural or horticultural use; or

[c]

[3]

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Agricultural Production Area.

[4]

[5]

[6]

Miscellaneous regulations regarding chemical and toxic substances. The following regulations shall apply:

(1)

All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.[2]

[2]

(2)

(a)

Septic tank cleaners; and

(b)

Waste oil.

(3)

No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.

Scenic quality. The following regulations shall apply:

(1)

[3]

Editor's Note: Former Subsection 10-8.5h1 of the 1974 Revised General Ordinances, dealing with the Pinelands Area, which previously preceded this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

(2)

(3)

Aboveground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses in accordance with § 380-42A.

(4)

All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

(5)

[4]

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

Historic resource preservation.

(1)

(2)

(3)

(a)

This requirement for a survey may be waived by the local approval agency if:

[1]

There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

[2]

[3]

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection J(3)(b) below.

(b)

A resource shall be deemed to be significant if it meets the qualifications for an historic landmark as defined in Article II hereof.

(4)

(5)

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

(a)

A narrative description of the resource and its cultural environment;

(b)

Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;

(c)

A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and

(d)

(6)

[5]

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

Fire management.

(1)

(2)

(a)

All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

(b)

The rights-of-way of all roads shall be maintained so that they provide an effective fire break.

(c)

A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, shrubs and ground cover, as follows:

[1]

In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

[a]

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b]

All dead plant material is removed.

[2]

In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:

[a]

Shrubs, understory trees and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b]

All dead plant material is removed.

[3]

In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:

[a]

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b]

No pine tree (Pinus species) is closer than 25 feet to another pine tree.

[c]

All dead plant material is removed.

(d)

All structures shall meet the following specifications:

[1]

[2]

All projections, such as balconies, ducts and roof gables, shall be construed of fire-resistant materials or materials treated with fire-retardant chemicals.

[3]

Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets; and

[4]

Flat roofs are prohibited in areas where vegetation is higher than the roof.

(e)

All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a perimeter fuel break of 200 feet between all structures and the forest in which:

[1]

Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;

[2]

All dead plant material is removed;

[3]

Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and

[4]

There is a specific program for maintenance.

Air quality.

(1)

All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq.

(2)

(3)

Recommended management practices for agriculture.

(1)

(2)

(a)

Erosion and runoff: Soil Conservation Service Technical Guide;

(b)

Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and

(c)

Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

(3)

(1)

Permitted density:

(a)

In the R-25 and C Zones: one unit per 25 acres.

(b)

In the R-10 Zone: one unit per 10 acres.

(c)

In the R-5 Zone: one unit per five acres.

(d)

In the SD Zone: one unit per 3.2 acres.

(2)

Parcel Size	SD Zone	R-5 Zone	R-10 Zone
<50 acres	0	0	0
50 to 99.99 acres	10%	15%	20%
100 to 149.99 acres	15%	20%	25%
>150 acres	20%	25%	30%

(3)

The residential cluster shall be located on the parcel such that the development area:

(a)

Is located proximate to existing roads;

(b)

Is located proximate to existing developed sites on adjacent or nearby parcels;

(c)

Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

(d)

Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.

(4)

Development within the residential cluster shall be designed as follows:

(a)

Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

(b)

The following minimum yard and bulk requirements shall apply:

[1]

Lot frontage: 120 feet.

[2]

Lot depth: 150 feet.

[3]

Front yard: 50 feet.

[4]

Side yard, each: 20 feet.

[5]

Side yard, both: 50 feet.

[6]

Rear yard: 25 feet.

(c)

(d)

(e)

(5)

(a)

(b)

The deed of restriction shall permit the parcel to be managed for:

[1]

[2]

Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

[a]

[b]

[c]

[d]

[e]

§ 380-43 Windmills.

[Amended by Ord. No. 82-6]

Windmills shall be designed and located so as to minimize noise and other disturbances to surrounding properties.

§ 380-44 Pinelands development credits.

[Amended by Ord. No. 83-4; Ord. No. 89-4; Ord. No. 91-2; Ord. No. 91-11; Ord. No. 92-4; Ord. No. 93-9; Ord. No. 94-4; Ord. No. 97-3]

Pinelands development credits are hereafter established in the AP Agricultural Production Zone at the following ratios:

(1)

Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.

(2)

Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.

(3)

Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.

(4)

Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.

(5)

Other wetlands: 0.2 Pinelands development credit per 39 acres.

The allocations established in Subsection B above shall be reduced as follows:

(1)

(2)

The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.

(3)

(4)

The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection B above.

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

Pinelands development credits shall be used in the following manner:

(1)

(2)

When a variance for cultural housing is granted by the City in accordance with § 380-18 all of this chapter.

(3)

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq., as amended or supplemented.

§ 380-45 Recycling area for multifamily housing developments.

[Amended by Ord. No. 94-4]

[1]

Editor's Note: See N.J.S.A. 40:55D-28.

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly, separated from, a refuse dumpster.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

§ 380-46 Driveways.

[Amended by Ord. No. 96-2]

The Fire Official shall, after receiving the application for a permit, cause to review the proposed plans and, if necessary, inspect the site of the proposed driveway or modified driveway.

Minimum design requirements. All driveways to be constructed or modified shall be done in accordance with the following minimum requirements:

(1)

Driveways shall intersect the public way at an angle to as near 90° as site conditions will permit and in no case less than 60°.

(2)

Driveways shall have a minimum width of 12 feet maintained.

(3)

(4)

(5)

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.

(6)

Plot plan or sketch.

(1)

(a)

The name and address of the owner and applicant.

(b)

The Tax Map Sheet, block and lot number.

(c)

The property lines and North arrow.

(d)

The setback and location of structures, proposed and existing.

(e)

The type of storm drainage to be constructed at the driveway entrance, if necessary.

(f)

The location of all existing drives.

(2)

In addition, the Fire Department is authorized to approve an application form which, if so approved, shall be utilized by the applicant.

Records. The Fire Department shall keep records of all permits issued and all inspections made under the provisions of this subsection.

Estell Manor City Zoning Code

ARTICLE VII

Special Regulations

§ 380-38 Sign regulations.

[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 86-10; Ord. No. 93-9]

(1)

No sign shall be permitted which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, other than warning or safety signs.

(2)

(3)

No sign shall be placed in a way that impedes or interferes in any way with the operation of a traffic light, traffic directional signal or general traffic visibility.

(4)

(5)

(6)

No billboard or billboard-type signs shall be erected or maintained.

(7)

(8)

(9)

Exceptions. The regulations set forth in Subsection A shall be subject to the following exceptions:

(1)

The same shall not apply to any sign or directional device erected or maintained by any governmental body or agency.

(2)

(3)

Signs permitted in all zones. The following types of signs shall be permitted in all zones, subject to the regulations set forth below and elsewhere in this section:

(1)

(a)

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

(b)

Window signs are permitted on the premises of a business or a commercial use, provided that the same relate to the business or commercial activity conducted on the premises.

(c)

(d)

(e)

No temporary sign advertising a mechanic, contractor, artisan or tradesman shall be permitted under this section.

(2)

(3)

(4)

Warning signs. Signs warning of any danger, as well as prohibiting trespassing, fishing or hunting, may be erected in all zones.

Signs restricted to particular uses or particular zones. The following regulations shall apply to signs in the following zones:

(1)

Residential signs. The following signs may be used in connection with a residence which is a permitted or valid nonconforming use in any zone:

(a)

One attached or freestanding residential nameplate sign situated within the property line and not to exceed 150 square inches shall be allowed.

(b)

One attached or freestanding sign indicating a permitted home occupation may be permitted, provided that such sign does not exceed 200 square inches in size and that it contains no advertising.

(2)

Highway Commercial Zones. The following regulations shall apply in the HC Highway Commercial Zones only:

(a)

(b)

(c)

If there is one business or use on the lot, the business may elect to use two attached signs and no freestanding sign.

(d)

(e)

The size of permitted freestanding signs shall not exceed 24 square feet or a height of 25 feet.

(f)

Permitted signs may be illuminated either from the interior or exterior, but not both, and shall be subject to the limitations of § 380-38F herein.

(g)

Motor vehicle service stations and tire and battery sales outlets are subject to the provisions of § 380-54J.

(3)

Signs permitted for business and industrial uses. The following regulations shall apply to signs for business and industrial uses in zones other than the HC Highway Commercial Zones:

(a)

(b)

Sign permits and approval.

(1)

(a)

(b)

(2)

The following types of signs do not require a sign permit, nor shall a fee be charged for the same:

(a)

Signs for residential uses, as set forth under Subsection H(1) above.

(b)

Signs erected by a governmental agency.

(c)

Warning signs, such as "no-trespassing," "no-fishing" or "no-hunting" signs.

(d)

Temporary signs as permitted by Subsection G above, including political signs.

(3)

Nonconforming signs. The following provisions are intended to either eliminate or bring into conformity all existing signs that do not conform to this chapter:

(1)

(2)

(3)

Periodic maintenance, as required herein, shall not be considered an alteration resulting in the loss of a sign's nonconforming status.

(4)

§ 380-39 Buffering and screening.

[Amended by Ord. No. 82-6]

Buffer strip.

(1)

(2)

Buffer strips shall be attractively planted with trees, shrubs, plants and grass lawns of species approved by the Planning Board and in accordance with approved site plans.

(1)

A solid masonry wall not less than five feet six inches above ground level.

(2)

(3)

§ 380-40 Off-street parking.

[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 96-2]

(1)

(2)

(3)

(4)

Access aisles and driveways, including driveways to parking areas, shall be not less than 12 feet in width in all zones. Aisles and driveways within parking areas shall have a minimum width of:

(a)

For parking at ninety-degree- to sixty-degree-angle parking, 25 feet.

(b)

For sixty-degree- to forty-five-degree parking, 19 feet.

(c)

For less than forty-five-degree parking, 17 feet.

(d)

For parallel parking, 12 feet.

(5)

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

(1)

(2)

Parking areas may be located in any yard space for commercial uses and in any yard but the front yard for other uses, but shall not be closer than 10 feet to any street line or property line.

(3)

(4)

(5)

(6)

Required off-street parking space.

(1)

For one-family detached dwellings, two spaces shall be provided for each dwelling unit.

(2)

Barber and beauty shops, two spaces per chair, plus one additional space for each employee.

(3)

Banks, financial and business offices and professional offices, one parking space for every 150 square feet of building area or major fraction thereof.

(4)

Retail and service stores, except when otherwise specifically covered here, one parking space for every 100 square feet of building area or major fraction thereof.

(5)

(6)

Home professional office, three spaces for client use exclusive of spaces required for residential purposes.

(7)

Churches, assembly halls and similar places of public and quasi-public assembly having fixed seating facilities, one parking space for every five seats in the main assembly unit.

(8)

(9)

Stores for the retail sale of furniture, appliances, hardware, one parking space for every 400 square feet of building area or major fraction thereof.

(10)

Restaurants and diners (indoor service only), one parking space for every four seats for customers, plus one space for every two employees.

(11)

Drive-in restaurants and coffee shops, one parking space for every 25 square feet of area or major fraction thereof.

(12)

(13)

Other outdoor recreation uses, five parking spaces for each gross acre of land.

(14)

The enumeration of any specific use set forth above shall not be construed as making any such use a legal use in any zone within the City.

Off-street loading and unloading provisions.

(1)

(2)

(3)

Loading space as required under this section shall be provided an area in addition to off-street parking space and shall not be considered as supplying off-street parking space.

(4)

The enumeration of any specific use set forth above shall not be construed as making any such use a legal use in any zone within the City.

§ 380-41 Fences and walls.

Every fence or wall shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Building Inspector.

All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.

[Added by 8-2-2006 by Ord. No. 07-2006]

§ 380-42 Special development standards in the Pinelands Area.

(1)

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

(2)

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

(a)

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

(b)

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

(3)

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection A(4) below.

(4)

(a)

The limits of clearing shall be identified.

(b)

(c)

(d)

Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

[1]

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

[2]

For limited ornamental purposes around buildings and other structures; or

[3]

When limited use of other shrubs or tree species is required for proper screening or buffering.

Water quality.

(1)

(2)

Except as specifically authorized in this section, no development which degrades surface water or groundwater quality or which establishes new point sources of pollution shall be permitted.

(3)

No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

(4)

The following point and nonpoint sources may be developed and operated in the Pinelands:

(a)

[1]

There will be no direct discharge into any surface water body.

[2]

[3]

All public wastewater treatment facilities are designed to accept and treat septage.

[4]

All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

(b)

[1]

There will be no direct discharge into any surface water body.

[2]

The facility is designed only to accommodate wastewater from residential, commercial and industrial development existing at the time of the application.

[3]

[4]

(c)

Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

[1]

There is no practical alternative available that would adhere to the standards of Subsection F(4)(a)[1] above.

[2]

There is no increase in the existing approved capacity of the facility.

[3]

(d)

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[1]

The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter or authorized by variance.

[2]

[3]

[4]

The depth to seasonal high water table is at least five feet.

[5]

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.

[6]

The system will be maintained and inspected in accordance with the requirements of Subsection F(5) below.

[7]

The technology has been approved for use by the New Jersey Department of Environmental Protection.

[8]

(e)

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[1]

The standards set forth in Subsection F(4)(d)[1] and [3] through [8] above are met.

[2]

If the proposed development is non-residential and located outside of the RV zone, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

[3]

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(4)(d)[3] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 380-33E or 380-44.

(f)

Surface water runoff, provided that all requirements of Chapter 330, Part 1 are met.

(g)

Alternate design pilot program treatment systems, provided that:

[1]

The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter or authorized by variance;

[2]

[3]

[4]

The depth to seasonal high water table is at least five feet;

[5]

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

[6]

[7]

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

[8]

Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

[9]

The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

[10]

[11]

(5)

(a)

Have the facility inspected by a qualified technician at least once every five years.

(b)

Where shown to be necessary by said inspection, have such facility cleaned.

(c)

(6)

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[1]

[1]

Editor's Note: See N.J.S.A. 58:10A-21 et seq.

(7)

Water management.

(a)

Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

(b)

[1]

The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

[2]

The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

(c)

(d)

[1]

[2]

The standards set forth at Subsection F(7)(d)[3] through [6] below shall not apply to:

[a]

A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

[i]

Be approximately the same depth as the existing well;

[ii]

Divert from the same aquifer as the existing well;

[iii]

Have the same or lesser pump capacity as the existing well; and

[iv]

Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

[b]

Any proposed diversion that is exclusively for agricultural or horticultural use; or

[c]

[3]

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Agricultural Production Area.

[4]

[5]

[6]

Miscellaneous regulations regarding chemical and toxic substances. The following regulations shall apply:

(1)

All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.[2]

[2]

(2)

(a)

Septic tank cleaners; and

(b)

Waste oil.

(3)

No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.

Scenic quality. The following regulations shall apply:

(1)

[3]

Editor's Note: Former Subsection 10-8.5h1 of the 1974 Revised General Ordinances, dealing with the Pinelands Area, which previously preceded this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

(2)

(3)

Aboveground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses in accordance with § 380-42A.

(4)

All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

(5)

[4]

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

Historic resource preservation.

(1)

(2)

(3)

(a)

This requirement for a survey may be waived by the local approval agency if:

[1]

There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

[2]

[3]

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection J(3)(b) below.

(b)

A resource shall be deemed to be significant if it meets the qualifications for an historic landmark as defined in Article II hereof.

(4)

(5)

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

(a)

A narrative description of the resource and its cultural environment;

(b)

Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;

(c)

A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and

(d)

(6)

[5]

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

Fire management.

(1)

(2)

(a)

All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

(b)

The rights-of-way of all roads shall be maintained so that they provide an effective fire break.

(c)

A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, shrubs and ground cover, as follows:

[1]

In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

[a]

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b]

All dead plant material is removed.

[2]

In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:

[a]

Shrubs, understory trees and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b]

All dead plant material is removed.

[3]

In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:

[a]

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b]

No pine tree (Pinus species) is closer than 25 feet to another pine tree.

[c]

All dead plant material is removed.

(d)

All structures shall meet the following specifications:

[1]

[2]

All projections, such as balconies, ducts and roof gables, shall be construed of fire-resistant materials or materials treated with fire-retardant chemicals.

[3]

Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets; and

[4]

Flat roofs are prohibited in areas where vegetation is higher than the roof.

(e)

All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a perimeter fuel break of 200 feet between all structures and the forest in which:

[1]

Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;

[2]

All dead plant material is removed;

[3]

Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and

[4]

There is a specific program for maintenance.

Air quality.

(1)

All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq.

(2)

(3)

Recommended management practices for agriculture.

(1)

(2)

(a)

Erosion and runoff: Soil Conservation Service Technical Guide;

(b)

Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and

(c)

Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

(3)

(1)

Permitted density:

(a)

In the R-25 and C Zones: one unit per 25 acres.

(b)

In the R-10 Zone: one unit per 10 acres.

(c)

In the R-5 Zone: one unit per five acres.

(d)

In the SD Zone: one unit per 3.2 acres.

(2)

Parcel Size	SD Zone	R-5 Zone	R-10 Zone
<50 acres	0	0	0
50 to 99.99 acres	10%	15%	20%
100 to 149.99 acres	15%	20%	25%
>150 acres	20%	25%	30%

(3)

The residential cluster shall be located on the parcel such that the development area:

(a)

Is located proximate to existing roads;

(b)

Is located proximate to existing developed sites on adjacent or nearby parcels;

(c)

Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

(d)

Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.

(4)

Development within the residential cluster shall be designed as follows:

(a)

Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

(b)

The following minimum yard and bulk requirements shall apply:

[1]

Lot frontage: 120 feet.

[2]

Lot depth: 150 feet.

[3]

Front yard: 50 feet.

[4]

Side yard, each: 20 feet.

[5]

Side yard, both: 50 feet.

[6]

Rear yard: 25 feet.

(c)

(d)

(e)

(5)

(a)

(b)

The deed of restriction shall permit the parcel to be managed for:

[1]

[2]

Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

[a]

[b]

[c]

[d]

[e]

§ 380-43 Windmills.

[Amended by Ord. No. 82-6]

Windmills shall be designed and located so as to minimize noise and other disturbances to surrounding properties.

§ 380-44 Pinelands development credits.

[Amended by Ord. No. 83-4; Ord. No. 89-4; Ord. No. 91-2; Ord. No. 91-11; Ord. No. 92-4; Ord. No. 93-9; Ord. No. 94-4; Ord. No. 97-3]

Pinelands development credits are hereafter established in the AP Agricultural Production Zone at the following ratios:

(1)

Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.

(2)

Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.

(3)

Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.

(4)

Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.

(5)

Other wetlands: 0.2 Pinelands development credit per 39 acres.

The allocations established in Subsection B above shall be reduced as follows:

(1)

(2)

The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.

(3)

(4)

The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection B above.

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

Pinelands development credits shall be used in the following manner:

(1)

(2)

When a variance for cultural housing is granted by the City in accordance with § 380-18 all of this chapter.

(3)

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq., as amended or supplemented.

§ 380-45 Recycling area for multifamily housing developments.

[Amended by Ord. No. 94-4]

[1]

Editor's Note: See N.J.S.A. 40:55D-28.

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly, separated from, a refuse dumpster.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

§ 380-46 Driveways.

[Amended by Ord. No. 96-2]

The Fire Official shall, after receiving the application for a permit, cause to review the proposed plans and, if necessary, inspect the site of the proposed driveway or modified driveway.

Minimum design requirements. All driveways to be constructed or modified shall be done in accordance with the following minimum requirements:

(1)

Driveways shall intersect the public way at an angle to as near 90° as site conditions will permit and in no case less than 60°.

(2)

Driveways shall have a minimum width of 12 feet maintained.

(3)

(4)

(5)

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.

(6)

Plot plan or sketch.

(1)

(a)

The name and address of the owner and applicant.

(b)

The Tax Map Sheet, block and lot number.

(c)

The property lines and North arrow.

(d)

The setback and location of structures, proposed and existing.

(e)

The type of storm drainage to be constructed at the driveway entrance, if necessary.

(f)

The location of all existing drives.

(2)

In addition, the Fire Department is authorized to approve an application form which, if so approved, shall be utilized by the applicant.

Records. The Fire Department shall keep records of all permits issued and all inspections made under the provisions of this subsection.