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:

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

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:

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

Sign permits and approval.

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

Buffer strip.

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:

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.

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:

Required off-street parking space.

Off-street loading and unloading provisions.

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.

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.

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:

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.

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

Scenic quality. The following regulations shall apply:

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.

Fire management.

Air quality.

Recommended management practices for agriculture.

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:

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:

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

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.

Pinelands development credits shall be used in the following manner:

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.

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]

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.

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:

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.

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.