[HISTORY: Article I adopted by the Board of Health of the
City of Estell Manor as indicated in article history. Subsequent articles
adopted by the City Council of the City of Estell Manor as indicated
in article histories. Amendments noted where applicable.]
[Adopted by the Board of Health by Ord. No. 66-7 (Ch. BH-III of the 1974 Revised
General Ordinances)]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the Private
Campgrounds Code as approved by the Department of Health and the Department
of Conservation and Economic Development and filed in the Secretary
of State's office is hereby accepted, adopted and established as a
standard to be used as a guide in determining whether campground dwellings,
as well as their facilities, located in this City are safe, sanitary
and fit for human habitation and rental.[1]
[Amended by Ord. No. 85-11; at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
The Board of Health is hereby authorized and directed to make
inspections to determine the condition of camp dwellings, as well
as their facilities, located within the City in order that they may
perform their duty of safeguarding the health and safety of the occupants
of camp dwellings, as well as their facilities, and of the general
public. For the purpose of making such inspections, the Board of Health
is hereby authorized to enter, examine and survey at all reasonable
times all camp dwellings, as well as their facilities. The owner or
occupant of every camp dwelling, as well as its facilities, or the
person in charge thereof shall give the Board of Health free access
to the camp dwelling, as well as its facilities, at all reasonable
times for the purpose of such inspection, examination and survey.
Repairs or alterations, as are necessary, shall be made in compliance
with the provisions of this chapter or with any lawful rule or regulations
adopted or any lawful order issued pursuant to the provisions of this
chapter. All references herein to Board of Health shall refer to the
Atlantic County Board of Health which assumes primary responsibility
for the inspection and enforcement of this chapter.
Whenever the Board of Health determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter, or of any rule or regulation adopted pursuant thereto,
he shall give notice of the alleged violation to the person responsible
therefor, as hereinafter provided. The notice shall be put in writing
and include a statement of the reasons why it is being issued. The
notice shall be served upon the owner or his agent, or the occupant,
as the case may require, provided that the notice shall be deemed
to be properly served upon the owner or agent, or upon the occupant
if a copy thereof is served upon him personally, or sent by registered
mail to his last known address, or is posted in a conspicuous place
in or about the dwelling affected by the notice, or if he is served
within such notice by any other method authorized or required under
the laws of this state. The notice shall contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this chapter and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Board of Health, provided that
the person shall file in the office of the Board of Health a written
petition requesting a hearing and setting forth a brief statement
of the grounds therefor within 10 days after the day the notice was
served. Upon receipt of the petition, the Board of Health shall set
a time and place for the hearing and shall give the petitioner written
notice thereof. At the hearing, the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, the Board of Health may postpone the date of the hearing
for a reasonable time beyond the ten-day period, if in its judgment
the petitioner has submitted a good and sufficient reason for such
postponement. After the hearing, the Board of Health shall sustain,
modify or withdraw the notice, depending upon its findings as to whether
the provisions of this article and the rules and regulations adopted
pursuant thereto have been complied with. If the Board of Health sustains
or modifies the notice, it shall be deemed to be an order. Any notice
served pursuant to this article shall automatically become an order
if a written petition for a hearing is not filed in the office of
the Board of Health within 10 days after the notice is served. The
proceedings at the hearing, including the findings and decision of
the Board of Health, shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Board of Health.
The record shall also include a copy of every notice or order issued
in connection with the matter. Any person aggrieved by the decision
of the Board of Health may seek relief therefrom in any court of competent
jurisdiction as provided by the laws of the state. Whenever the Board
of Health finds that an emergency exists which requires immediate
action to protect the public health or safety, it may, without notice
or hearing, issue an order, reciting the existence of the emergency
and requiring that the action be taken as he deems necessary to meet
the emergency. Notwithstanding the other provisions of this chapter,
the order shall be effective immediately. Any person to whom the order
is directed shall comply therewith immediately but, upon petition
to the Board of Health, shall be afforded a hearing as soon as possible.
After the hearing, depending upon its findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Board of Health shall continue
the order in effect or modify it or revoke it.
[Amended by Ord. No. 68-4; Ord. No. 68-10; Ord. No. 91-3; at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
A.
Private campground. An annual license fee for a private campground shall be payable to the Clerk in such amounts as provided in Chapter 185, Fees, Article III, Fees for City Services. Applications for permits for a private campground license shall be made to the City Clerk, and no permit shall be issued by the City unless the annual license fee is first paid.
B.
Camp cars or trailers. Anything to the contrary contained notwithstanding,
any owner of land in the City may maintain and occupy upon his land
his camp car or camp trailer for a period not to exceed two weeks
per year, provided that the camp car or camp trailer has a self-contained
sanitary unit or similar facilities approved by the local Board of
Health.
[Amended by Ord. No. 69-7]
Nothing contained herein shall prohibit owners of camping trailers,
tent trailers, travel trailers and similar vehicles from noncommercial
storage of the vehicles upon their land in the City, during the time
as the vehicles are not in actual use, provided that commercial storage
or storage of nonowned vehicles is prohibited.
The Board of Health is hereby authorized and empowered to make
and adopt written rules and regulations as it may deem necessary for
the proper enforcement of the provisions of this chapter, provided
that the rules and regulations shall not be in conflict with the provisions
of this chapter or in any way alter, amend or supersede any of the
provisions thereof. The Board of Health shall file a certified copy
of all rules and regulations which it may adopt in its office and
in the office of the Clerk of the City.
[Amended by Ord. No. 93-6; at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
The violation of this chapter, or a violation of the Public Campgrounds Code, N.J.A.C. 8:22-1.1 et seq., or any other sanitary code adopted by the New Jersey State Department of Health pursuant to N.J.S.A. 26:1A-7 et seq., shall, unless otherwise provided therein, be subject to the penalty provided in Chapter 1, Article II, General Penalty.
[Adopted 11-5-2008 by Ord. No. 09-2008 (Ch. IV, Sec. 4-7,
of the 1974 Revised General Ordinances)]
No more than five licenses or permits shall be issued in the
City of Estell Manor.
No campground shall have more than 250 sites or units in the
City of Estell Manor.
All campgrounds to be governed by New Jersey Statutes under
this article:
A.
Campground health and safety will be governed by N.J.S.A. 26:1A-7
and N.J.A.C. 8:22-1.1 through 8:22-10.6.
B.
Proprietary campground health and safety will be governed by N.J.A.C.
Title 5, Chapter 10A, N.J.A.C. 5:10A-1.1 though 5:10-2.15.
C.
Proprietary campground occupancy shall be governed in accordance
with N.J.S.A. 45:22A-51.
D.
In administering construction issues in regard to campgrounds, the
City of Estell Manor will comply with N.J.A.C. 5:23 and 5:23A as well
as N.J.U.C.C. Bulletin 93-7.
A.
In public campgrounds, winter camping shall be permitted only upon
designated winter campsites as set forth in the licensing application.
B.
From November 1 through March 31 of the following year, no designated
winter campsite in a public campground, or any site or unit in a proprietary
campground, shall be occupied for more than 21 consecutive days within
each calendar month. Each winter camper must vacate the property for
at least eight consecutive days in any one calendar month before returning;
provided that in public campgrounds, two sites may be designated as
winter sites which may be occupied year round as the residence of
the campground owner, manager or caretaker.
C.
Public campgrounds with approved winter campsites must maintain a
registration logbook between November 1 and March 31 of the following
year. This must show daily occupancy of winter sites, including the
name, permanent address of the occupant or occupants, and vehicle
registration of the occupant or occupants. Such records shall be sent
monthly to the Municipal Zoning Officer.
D.
Costs of enforcement. Reasonable fees incurred by the City of Estell
Manor in enforcing the campground regulations herein shall be reimbursed
to the City by any campground operator or owner who is found to be
in violation, provided that in the event that any such enforcement
action is limited to the jurisdiction of the Estell Manor Municipal
Court, then, in that event, such reimbursement provisions shall not
apply.
E.
No campsite or unit in the City of Estell Manor shall have a recreational
vehicle of over 400 square feet placed on it, and no accessory structure
or a cumulative of accessory structures shall be over 300 square feet
total (300 square feet of accessory structure allowed on each site
without Pinelands approval).
