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Berkeley Heights City Zoning Code

PART 11

PARKING, DRIVEWAYS, AND LOADING SPACES

Section 11.1.1 - General Regulations

A.

No building, parking area of five (5) parking spaces or more, or use shall be constructed or modified except in conformity with the provisions of this Article.

B.

Parking for all uses shall be provided on each site, or off-site if allowed in specific zones, with the approval of the Planning Board and shall meet all conditions specified in this Ordinance and at rates as specified in the general parking standards. Whenever there is an alteration of a use which increases or decreases the parking requirements according to this Section, the parking required for that alteration, change, or extension shall be provided in accordance with the requirements of this Section.

C.

No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.

D.

All required facilities shall be provided and maintained as long as the use which the facilities were designed to serve continues to exist. The total extent of off street parking facilities shall not be reduced or enlarged after their provision, except upon the approval of the Planning Board and then only after proof that, by reason of diminution or expansion in floor area, seating area, or the number of employees or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Section. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner that at no time constitutes a nuisance, hazard, or unreasonable impediment to traffic.

E.

All off-street parking spaces shall be marked so as to indicate their location. Failure to keep parking areas in satisfactory condition (i.e., free from holes, clearly delineated, or properly graded) shall be considered a violation of the Ordinance.

F.

In the DD Zone, the required number of parking spaces, their sizes and layout for all uses shall be provided as per the Parking Standards of this Ordinance and the location or proximity of the required number of parking spaces to the property or business which is the subject of an application for development shall be set forth herein. Parking can be located on-site or can be within seven hundred and fifty (750) feet of the property or business, provided that a minimum of fifty (50) percent of the parking is provided either on site or at curbside, and that the remainder of the parking is secured by a renewable lease, or other assurance as is acceptable to the Planning Board.

G.

Reserved.

H.

Any new use in the Downtown Districts including the DD, DH, and HB districts, that cannot meet the parking requirements of this Ordinance within the lot lines of the principal use may meet the parking requirements of this Ordinance in either of the following manners:

1.

The Developer shall show proof at the time of approval of the lease of the required parking spaces within seven hundred fifty (750) feet of the premises and in the same district.

I.

No parking shall be permitted in driveways, aisles, sidewalks, between curb cuts providing access to a site, in site triangles, in any buffer areas or front yards.

J.

If a reservation of parking spaces as landscaped area is approved, the total number and size of the parking area shall not be reduced, to guarantee that required parking can be provided in the future. This extra area shall be extensively landscaped until such time as it is deemed needed for parking.

K.

In the DD, DH, and HB Zones, parking areas in the interior of lots may be located in any yard space but shall be no closer than ten (10) feet to any street property line. Any parking area which is located within fifty (50) feet of a Residential Zone or use shall be separated and screened from said zone or use by a buffer strip as specified in this Part.

L.

In the OR and LI Zones, parking areas shall not be less than fifty (50) feet from the nearest residential zone or use and shall be separated and screened therefrom by a buffer strip as specified in this Part. In the LI Zone, parking areas shall not be located in any front yard area. In the OR Zone, parking areas shall not be permitted in the front yard unless such parking is adjacent to, and not less than forty (40) feet from a "major" or "collector" roadway as classified by the Township Master Plan and is not less than one hundred (100) feet from any residential side street; provided further that any parking in a front yard abutting a major or collector roadway in the OR Zone shall be located at an average grade at least five (5) feet below that of the roadway, shall be screened from such roadway by a vegetative buffer strip, and shall be restricted in use to employees of the facility. No client, patient or visitor parking shall be permitted in the minimum front yard area. In the OR-B Zone, parking areas may be located on all sides of a building, including front yards.

M.

In all zones, no loading facilities shall be located in the front yard. In all cases, loading facilities shall be extensively screened and buffered from view from public thoroughfares.

N.

Parking restrictions in residential zones.

1.

No commercially licensed motor vehicle, truck, van, trailer, or other equipment shall be parked on a residential property in a residential zone unless completely housed in a garage and sheltered from public view, except as provided hereunder.

2.

Commercially licensed automobiles, vans, and trucks are permitted to park on a residential property, provided that all of the following conditions are satisfied:

a.

Such vehicle shall have a single chassis body with not more than four (4) wheels and shall not be more than nineteen (19) feet long and eight (8) feet high and shall not exceed ten (10), one hundred (100) pounds registered gross vehicle weight.

b.

Only one commercially licensed vehicle which meets all of the above criteria shall be permitted to park on a residential property.

3.

No trailer designed or used for commercial hauling or transporting, shall be regularly parked, or stored on, by or in the vicinity of any lot in any residential district.

a.

Nothing herein shall be deemed to prohibit a person from parking a commercially licensed vehicle on residential property while such vehicle is being used in the transaction of business with the owner or occupant of the residential property.

4.

Recreational vehicles shall not be parked or stored on a residential property unless all of the following conditions are satisfied:

a.

Recreational vehicles may be parked or stored in a garage located on the premises, provided that such garage completely encloses the recreational vehicle.

b.

If stored outside of a garage, such recreational vehicle shall be stored on a parking area which is in addition to such parking spaces as are required per Section 11.1.2. Such vehicle shall be adequately screened from adjacent properties by a fence, wall, gate, door, hedge, trees, landscaping, or a combination of such items.

c.

No recreational vehicle shall be parked or stored in the front yard of any residential property.

d.

Only one (1) recreational vehicle shall be permitted to be parked or stored on a residential property.

O.

Where no specific requirements are cited herein for a particular use, or where, in the opinion of the Planning Board or the Zoning Board of Adjustment as appropriate, the expected number of employees is substantially higher than would be typical for a use specified in Section 11.1.2 of this Article, the Board shall determine the parking, driveway, and loading facilities to be required.

P.

All adjoining parking lots in non-residential districts with greater than twenty-five (25) vehicles if combined must be interconnected.

Q.

Parallel parking shall not be permitted on any roadway if the width thereof is less than thirty (30) feet. Such parking will be permitted on one (1) side of roadways thirty (30) feet or more and less than thirty-six (36) feet in width and on both sides of roadways thirty-six (36) feet or more in width.

(Ord. No. 8-07, § 1(f), 3-27-2007; Ord. No. 2-08, 2-6-2008; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.2 - Required Number of Parking Spaces for Specific Uses

A.

The number of parking spaces for each use shall be determined by the nature of the use, the amount of Gross Floor Area (GFA), or such other measure as noted below. Where the site contains more than one use, the total parking requirement shall be the sum of the requirements of the component uses. Where the computed number of required parking spaces for any use involves a fraction of a parking space, the fraction shall count as an additional parking space if the fraction is one-half (½) or more.

B.

Uses and required spaces as follows:

USE (NON-RESIDENTIAL) REQUIRED SPACES
Houses of Worship (including associated residential structures for religious personnel and associated buildings, but not including school buildings) One space per every four seats in the portion of the building to be used for services plus required spaces for residential use, plus one space for every 200 square feet designed to be used for neither services nor residential uses
Home Occupations Minimum of two spaces plus one space for each employee plus required number for each residence
Homes Emphasizing Special Services, Treatment for Supervision including Homes for Handicapped or Infirm Nursing Care or Intermediate Home Care, Child Care Homes Three spaces for every five beds except for uses exclusively serving children under 16 in which case one space for every three beds is required
Hospital, Clinic, or Other Medical Facility in Excess of 10,000 Square feet The lesser of two spaces per bed or one for each 150 square feet, or one employee on any shift plus one space per doctor plus one space per treatment or examination room
Libraries, Museums, Art Galleries and Similar Uses One space per 500 square feet
Light industry One space per 500 square feet
Fuel Service Stations and Automotive Repair Facilities Three spaces plus three additional spaces per service bay
Movie Theaters One space for every three seats
Nursing Care Institutions, Intermediate Care Institutions developed or sponsored by a public or non-profit Handicapped, Infirm or Child Care Institutions Three spaces for every five beds. Multi-family unit's agency for limited income families or the elderly require only 0.75 spaces per unit.
Offices One space per 400 square feet
Personal services One space per 500 square feet
Medical offices One space per 200 square feet
Retail sales and services One space per 500 square feet
Schools and similar uses
Elementary Two spaces per classroom but not less than one per teacher or staff member
Intermediate One and one-half spaces per classroom but not less than one space per teacher or staff member
Secondary Two and one-half spaces per classroom but not less than one and one-half spaces per teacher or staff member
Social, Fraternal Clubs and Lodges, Union Halls and Similar Uses One space per 300 square feet
Suite Hotel One space per unit plus one space per employee on site at any given time
Warehouse One space per 1,000 square feet

 

* Square feet refers to gross floor area.

USE (RESIDENTIAL):

Housing Unit Type/Size Resident Parking (Vehicles Per Unit) Guest Parking Total Parking Requirement
Single Family Detached *
1 Bedroom 1.5 NA 1.5
2 Bedroom 2.0 NA 2.0
3 Bedroom 2.0 NA 2.0
4 Bedroom 2.5 NA 2.5
5 Bedroom 3.0 NA 3.0
* Plus one space per room rented if accessory apartments are allowed.
NA = Not Applicable
Multifamily Dwellings
1 Bedroom 1.3 NA 1.3
2 Bedroom 1.5 NA 1.5
3 Bedroom 1.6 NA 1.6
Townhouses
1 Bedroom 1.3 NA 1.3
2 Bedroom 1.8 NA 1.8
3 Bedroom 1.9 NA 1.9
Age-Restricted Senior Housing
1 Bedroom .5 .25 .75
2 Bedroom .75 .25 1.0

 

C.

Electric vehicle charging stations and make-ready spaces shall be provided in accordance with P.L. 2021, c.171, as may be amended or superseded.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.3 - Parking Area Design and Standards

A.

The location, width and layout of internal aisles and driveways shall be appropriate for the proposed circulation. The location and layout of accessory off-street parking and loading space shall provide for efficient circulation and the safety of pedestrians and vehicles. Provision shall be made for access for police, fire, and emergency vehicles. The location of the parking spaces shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures, and landscape.

B.

Parking Space Size and Layout

1.

In all zones, parking spaces for parallel parking shall be at least ten (10) feet wide and twenty-four (24) feet long.

2.

In all zones parking for thirty (30) to ninety (90) degree angle parking shall be at least nine (9) feet wide and eighteen (18) feet long. When parking stalls abut facing parking stalls, a seven (7) foot square planting diamond must be provided for each five (5) front abutting parking stalls.

3.

Where permitted, compact car spaces may be eight (8) feet in width and fourteen (14) feet in length when abutting an island or sidewalk. When abutting another stall, they must be seventeen (17) feet in length.

4.

Handicapped spaces must be at least twelve (12) feet in width and eighteen (18) feet in length.

5.

Spaces within or upon a parking garage or parking structure must comply with the following size standards:

a.

Standard spaces shall be eight and one-half (8½) feet in width by eighteen (18) feet in length.

b.

Compact car spaces shall be seven and one-half (7½) feet in width and fifteen (15) feet in length.

c.

The requirements of Paragraph (a) may be reduced by two (2) feet for aisles serving standard spaces or combination standard/compact bay arrangements. Aisles exclusively serving compact bays may be twenty (20) feet in width.

6.

The number, location, size and marking of spaces for the handicapped shall conform to the design requirements specified by the State of New Jersey in "Barrier Free Design" (N.J.S.A. 52:32-12). In lots or structures containing ten (10) to fifty (50) parking spaces there shall be one (1) handicapped space. In lots or structures of fifty-one (51) to two hundred fifty (250) spaces there shall be two and one-half (2½) percent handicapped spaces. In lots or structures larger than two hundred fifty (250) spaces, there shall be two (2) percent handicapped spaces.

7.

Where parking for compact cars is provided as part of the off-street parking facility, such spaces shall not exceed thirty (30) percent of the total number of spaces. Compact car spaces shall be located within a parking facility and contain proper signage and markings so that use by standard size automobiles is discouraged.

8.

Where pedestrians must cross service roads or access roads to reach parking areas, crosswalks should be clearly designated by pavement markings and/or signs.

9.

All dead end parking aisles shall be designed to provide sufficient backup area for the end stalls of the parking lot.

10.

Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle, unless the lot serves a single office with less than eight (8) required spaces.

11.

A parking space whose longest edge is adjacent to a wall, column, or fence shall have a minimum width of ten (10) feet.

12.

Spaces designated in the Industrial Zone for Parking of School Buses or Commercial Vehicles must comply to the following standards:

a.

Standard School Bus Spaces shall be twelve (12) feet wide and thirty-six (36) feet in length.

b.

Mini Van or Small School Buses shall be twelve (12) feet wide and twenty-four (24) feet in length.

c.

Commercial Vehicles shall be classified as large or small in the use plan and utilize one (1) of the above dimensions of stalls (a) or (b).

C.

Parking Aisle Width

The width of all aisles providing direct access to individual parking stalls shall be in accordance with the minimum requirements set forth below.

Parking Angle Aisle Width One-Way Traffic Aisle Width Two-Way Traffic
0 degrees (parallel) 12 feet 23 feet
30 degrees 11 feet 23 feet
45 degrees 14 feet 23 feet
60 degrees 18 feet 23 feet
90 degrees 23 feet 23 feet

 

D.

Driveways for one (1)-family residential uses shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the development. Driveways serving large volumes of daily traffic or greater than fifteen (15) percent truck traffic shall be required to utilize the maximum dimensions as specified below.

The width of driveways for one (1)-family residential uses shall be based on the following:

Land Use Type (One-Way Traffic) (Two-Way Traffic)
Minimum Width Maximum Width Minimum Width Maximum Width
Single Family Detached Dwellings 8 feet 18 feet N/A N/A
Townhouses and Multifamily 9 feet 18 feet 18 feet 22 feet
8 9 feet 12 feet 18 feet 20 feet
Business or Commercial Uses 12 feet 18 feet 20 feet 24 feet
All Warehouse and Light Industrial Uses 14 feet 18 feet 26 feet 36 feet

 

If parallel parking is allowed along any side of a driveway, the width shall be increased by eight (8) feet.

The curbline openings for such driveways shall be of sufficient width to accommodate the required turning radius.

E.

Paving, Curbing, and Markings

1.

All parking areas, and driveways shall be surfaced with bituminous concrete or material of comparable quality, constructed in accordance with the Standard Details of Berkeley Heights except where a parking space has a curbed end, two (2) feet of the length of the parking space at the curb end may be grassed or landscaped or finished with another appropriate non-impervious surface, so as to allow a parked automobile to overhang the curb.

The paving shall be curbed with granite block set in concrete, constructed in accordance with the Standard Details of Berkeley Heights.

2.

All parking spaces shall be clearly and legally marked with traffic paint showing the parking arrangement within the parking area. Where traffic flow is one-way, arrows shall be painted in aisles and driveways showing the direction of traffic flow.

F.

Grade

All parking spaces except in the AH-1 Zone shall have a grade of no more than five (5) percent. In the AH-1 Zone, parking spaces shall have a grade of no more than fifteen (15) percent.

G.

Drainage

Drainage facilities shall meet the standards and requirements of Part 12 of this Ordinance, Stormwater Management and Control.

H.

Buffer Strips

Buffer strips shall be at least ten (10) feet in width, with plantings or landscaped fencing at least six (6) feet in height. To control the off-site projection of light from vehicle headlights, the buffer shall permit the passage of not more than one-sixteenth ( 1/16) of such light. The size of individual areas of the vertical plane which are not obscured from one side of the buffer to the other shall not exceed four (4) square inches each in area. (Acceptable light transmission measurement procedures will be found in the Standard Details and Design Criteria of Berkeley Heights.)

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.4 - Landscaping

A.

General Standards. The interior and perimeter of all parking lots shall be landscaped to provide visual relief from the undesirable and monotonous appearance of extensive parking areas, to maintain a more desirable ecological balance on the tract and to provide shading that will reduce solar heat gain to both the surface of the parking lot and vehicles parked thereon. Such landscaped areas shall be provided in protected planting islands or peninsulas and around the perimeter of the parking lot and shall be placed so as not to obstruct the vision of motorists. The area and types of plantings shall be provided based on the following:

1.

Interior of Parking Lots.

a.

For parking lots with eight (8) spaces or less, no such interior landscaping shall be required if the Board can determine that there is adequate landscaping directly surrounding the perimeter of the parking lot. In the case that the Board finds that such landscaping is inadequate, then the requirements of Subparagraph b, below, shall apply.

b.

For parking lots with nine (9) or more spaces, a minimum of eight (8) percent of the interior area of the parking lot shall be landscaped with a minimum of one (1) deciduous tree with a minimum caliper of two and one-half (2 1/2) inches, planted for every six (6) parking spaces.

The minimum size for landscaped areas shall be forty-nine (49) square feet. The remainder of any such interior planting areas not containing trees shall be planted with low growing evergreen shrubs.

Up to twenty-five (25) percent of the interior trees shall be evergreen plantings. If the above required trees can not all be located within such interior planting areas, then such shall be planted directly surrounding the perimeter of the parking lot. The area between trees shall be planted with shrubs or ground cover or covered with mulch.

2.

Perimeter of Parking Lots. The perimeter of all parking lots shall be screened from view along all public viewsheds. Such screening shall include the following:

a.

One (1) deciduous or evergreen tree at twenty-five (25) foot intervals along the pavement edge. The minimum tree size shall be two and one-half (2½) inches in caliper or six (6) feet in height if evergreen at the time of planting.

b.

All parking lots shall be screened from view from both within the site and adjacent properties and public right-of-ways as far as practicable with an evergreen hedge or shrubs, fencing or decorative wall up to four (4) feet above the surface of the parking lot. This screen shall be eighty-five (85) percent visually impervious at the time of planting. Parking lot screening shall be a minimum of five (5) feet wide. Planting requirements for parking lots are not exclusive of other planting landscaping requirements, as well as for shade trees.

3.

Driveways. All driveways and parking lots shall be suitably buffered and screened to minimize the impacts of noise, lighting and glare, exhaust fumes, views of parked vehicles and other nuisances. Buffering and screening shall minimize such impacts both within the site itself, as well as from adjacent and nearby properties and public right-of-ways as follows:

a.

Buffering shall consist of a minimum five (5) foot wide area along the sides of a driveway and adjacent lots.

b.

Screening shall consist of a minimum four (4) foot high visually impervious screen to be located within the buffering area. Where such parking area is located on a tract adjacent to a residential use or district, such screening shall consist of a minimum six (6) foot high visually impervious screen. The height of any required screen shall decrease to a maximum of three (3) feet in height where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians from motor vehicles.

4.

Location. The landscaping shall be located in protected areas, such as along walkways, in planting islands or peninsulas, at the end of bays, or in diamond shaped planting islands between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that such will not obstruct clear sight distances.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.5 - Lighting

A.

All parking areas, aisles, and driveways serving business, research or industrial uses shall be illuminated between dusk and dawn when the use is in operation.

B.

Minimum and maximum average illuminations in footcandles, measured at ground level, shall be respectively, 1 and 4 for retail uses; 1 and 2 for commercial and office uses; and 0.5 and 1 for industrial uses, with a maximum of two (2) permitted at plant entrances.

C.

The location, intensity and direction of all outdoor lighting shall not produce glare or other adverse effect on the existing or future use of nearby properties. To reduce skyglow, adverse night vision effects, and impact on residential areas, the lighting fixtures shall provide complete cutoff and light shielding above seventy-five (75) degrees from the downward vertical and must provide that no direct light from the fixture can be seen at any point on residential property or more than one hundred (100) feet from the base of the standard. Light poles shall not be more than twenty-five (25) feet high for residential and commercial properties.

D.

All wiring for light fixtures shall be laid underground, and not strung between poles or buildings.

E.

The maximum pole height shall be eighty (80) feet for the lighting of public or private recreational facilities, including but not limited to football fields, baseball field, softball fields, tennis courts and pickleball courts.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.6 - Loading facility regulations

A.

Buildings or structures which require the receipt or distribution of materials or merchandise by trucks shall provide off-street loading berths according to the following minimum requirements:

Use Floor Area Required Berths
Business and Professional Offices and First 100,000 square feet 1
Public Administration Buildings Next 40,000 square feet 1
Each additional 50,000 square feet or fraction thereof 1
Food Stores and Retail Department Stores 20,000 square feet or fraction thereof 1

 

B.

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

C.

Size. Off-street loading berths shall be at least fifteen (15) feet in width and fifty (50) feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen (14) feet.

D.

Landscaping. All loading areas shall be landscaped to provide adequate visible buffering from surrounding uses. Coniferous trees shall be used for these buffers at a planting height sufficient to screen tractor trailers or other trucks. Planting can be designed in combination with berms or walls.

E.

Loading or unloading areas shall be paved, curbed, and marked to the same standards as required for parking areas.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.7 - Exceptions and Waivers

A.

One-family residential uses in all zones are exempt from the requirements and standards of Section 11.1.3, except those set forth in Section 11.1.3.D. However, for residential uses there shall be a minimum distance of five (5) feet between a driveway and a lot line.

B.

None of the parking facilities required in this Ordinance shall be required for any building or use, existing at the time of adoption of this Article, unless said building shall be enlarged; in which case off-street parking shall be provided as required in this Article.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.8 - Additional Parking Standard for AH Zones

A.

No parking space assigned to a townhouse unit can be more than three hundred fifty (350) feet away from the entrance to that unit. All off-street parking lots shall be visually screened with a five (5) foot high, ninety (90) percent visually-impervious landscape barrier as seen by a standing person. Parking lots must also have one (1) tree for each six (6) spaces planted in an island or parking diamond, or as specified in the landscape standards of this Ordinance, whichever is greater.

B.

Non-overnight guest parking for housing can be provided at curbside on secondary streets. Curbside parallel parking shall be allowed on streets which have a minimum width of thirty-six (36) feet and meets all other construction standards as approved by the Township Engineer.

C.

Guest parking is not allowed on Springfield, Plainfield, or Snyder Avenues.

D.

Except in the AH-1 Zone, no parking lot shall be allowed in the front yard and no parking lot shall be located closer than ten (10) feet from an AH site boundary line In the AH-1 Zone parking may be located in the front yard and must be setback at least five (5) feet from the front property line.

E.

Garages may be considered as parking spaces only if restricted to such use by homeowners' association restrictions and covenants.

F.

For townhouses which have an attached or an integrally designed garage, the front-yard setback shall be sufficient to park one (1) car in the driveway, as well as provide adequate pedestrian circulation space around and between the vehicle. Garages shall be setback a minimum of ten (10) feet from the front facade if driveway access is through the front or side yard. No setback is required if access is through rear yard.

(Ord. No. 11-2010, § 5, 8-10-2010; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.9 - Private Street Design Standards

A.

Where approved as part of a development plan, a private street which has reduced width and turning radius, may be permitted by the Board with the following conditions:

1.

The design of such private street shall meet all other applicable design standards of this Ordinance for a public street and the applicant shall demonstrate the following:

a.

The street is specifically designed to accommodate the projected traffic flow and access and shall be designed for the safety, control, efficient movement, and convenience of motor vehicle traffic access into and out of the site, for service and emergency vehicle access, and general traffic circulation in the Township.

b.

Roadway construction specifications shall meet Township standards.

c.

Drainage, both on and off the site, will not be impaired.

d.

The drainage system and facilities can be easily maintained.

2.

A site plan controlling access to a private street shall not be approved unless the control and disposal of said land controlling access has been placed with the Township or unless a protective deed restriction has been approved by the Board.

3.

The applicant shall establish, prior to final approval, or as a condition to such approval, an entity responsible to maintain the streets. The Board shall require a developer's agreement which shall include the Township's right to enter the premises to make repairs and/or conduct other necessary maintenance. The cost for such repairs and/or maintenance by the Township shall be paid by the property owner(s) and shall include all legal, administrative, clerical, planning and engineering costs associated with the work.

4.

No new, improved or expanded street, whether private or public, that will provide access to a new major or minor residential subdivision or non-residential use shall be permitted to create a corner lot or a lot with more than one (1) street frontage of an existing residential lot which is not part of the proposed subdivision or site plan. If the Applicant can demonstrate to the Planning Board that no alternative layout is possible or practicable that could otherwise provide access to the subject property, the Planning Board may impose reasonable conditions on the proposed development that would ensure the protection of the existing residential lot, including but not limited to, the dedication of additional lands to the affected propertie(s), conservation easements, the installation of landscape buffering and fencing or other similar measures. The Applicant shall be responsible for all costs associated with any off-tract improvements imposed by the Board as required under Part 10A — Off Tract Improvements.

Any development that will create a variance condition on a neighboring property which is not part of the development, shall be required to notice for that variance and provide testimony in support of that variance in accordance with the Municipal Land Use Law.

(Ord. No. 10-2011, § 2, 4-26-2011; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.10 - Sidewalk and Walkway Design Standards

A.

This Section shall apply to all applications for development except subdivisions governed by Part 9 of this Ordinance.

B.

The following standards shall be used to develop and review a development plan that involves the construction of new or repair of an existing sidewalk or walkway:

1.

Every lot shall have pedestrian walkway access to a public sidewalk. Such access shall be designed for the safety, control, efficient movement, convenience, and encouragement of pedestrian traffic into and out of the site and to promote pedestrian circulation generally within the Township.

2.

All sidewalks and walkways shall meet the construction specifications as set forth in applicable Township Ordinances or as approved by the Township Engineer. All public sidewalks, roadway crosswalks and internal pedestrian walkways within the Downtown Districts shall consist of brick and/or other textured surface materials including cobblestone, patterned and colored concrete, concrete accented by brick or other textured material approved by the Board and Engineer. Sidewalks must promote a pleasant ambiance for the pedestrian. Specifications shall also apply to the maintenance, repair or upgrading of existing sidewalks located in that portion of the public right-of-way that directly abuts the lot to be developed.

3.

The Board may waive the paving material specifications required by Paragraph 2 above, if the applicant can demonstrate that the substitute paving material(s) will be architecturally compatible with the style, materials, colors, and details of buildings and other structures on the site and on adjacent properties and create a more attractive development generally. In no instance, however, shall a sidewalk located in a public right-of-way be permitted to be constructed of asphalt.

C.

Sidewalks shall be provided in the right-of-way along all public streets. The location and width of sidewalks shall be determined based on the location and width of existing sidewalks adjacent to or near the site to be developed.

Sidewalk widths shall meet the following minimum width to adequately serve the anticipated pedestrian traffic which will utilize them:

Low intensity residential use 4 feet
Higher intensity use and along retail frontage 8-10 feet

 

D.

Walkways shall be located on a site to provide access from public sidewalks to a building or use and to facilitate pedestrian circulation generally within a site.

E.

Driveway aprons shall be designed to permit access to any driveway from a street as follows:

1.

Driveway aprons shall be constructed between the curb (or edge of pavement) and the sidewalk, or in the absence of sidewalk, for a distance of four (4) feet back from the curb (or edge of pavement). The standard for materials shall be six (6) inches of Class B Concrete as specified in the New Jersey State Highway Specifications, as amended.

2.

Standards for the construction of driveway aprons shall be set forth by the Township Engineer.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Section 11.1.11 - Design Standards for Recycling

A.

The following standards shall be used to develop and review all Site Plans involving residential uses with regards to the provision of temporary recyclable storage areas:

1.

Residential uses with bi-weekly recyclable collection. All dwelling units shall be designed to have a temporary recyclable storage area inside each unit. Such area shall be designed to accommodate two (2) weeks accumulation of designated recyclables per dwelling unit and any storage devices that may be necessary to assist a dwelling unit's occupants in meeting the Township's recycling requirements. The size of such storage area shall be a minimum of six (6) square feet and may be located in either the kitchen, laundry room, basement, storage closet, or attached garage.

2.

Non-residential uses shall be designed to have a temporary recyclable storage area inside the building of each occupant. Such storage area may be located anywhere within the interior of a building, including basements, storage closets or attached garages, but not in a hallway or corridor that is necessary for internal circulation or emergency access. This area shall be designed to accommodate a one (1) week accumulation of designated recyclables per occupant and any storage devices that may be necessary to assist an occupant in meeting the Township's recycling requirements. Accumulation calculations shall be based on average generation rates developed by the Association of New Jersey Environmental Commissions.

3.

Residential and non-residential uses with frequencies of collection other than bi-weekly shall be designed accordingly to the approval of the Board.

B.

The following standards shall be used to develop and review any solid waste disposal and/or recycling collection storage facility for site plan applications not involving residential uses:

1.

Solid waste and recyclable storage facilities shall be located in proximity to one (1) another or may be combined in a single common facility. Such facilities shall be centrally located and convenient for the users of the site. Recyclable storage facilities may be located inside a building. Such facilities shall not be located so as to be focal points in courtyards or parking areas.

2.

Adequate pedestrian and vehicular access shall be provided to all solid waste and recycling storage facilities. Such vehicular access shall accommodate the type of vehicles used for the collection of solid waste and designated recyclable materials.

3.

Storage facilities shall be designed to reduce discernible odors and contain such within the storage facility area.

4.

Outdoor storage facilities shall be visually screened from all directions by a complete structural enclosure and landscaping. Such structural enclosure shall consist minimally of a six (6) foot high solid wooden fence. The design and color of such a fence shall be complimentary to the architectural style of buildings on a site. Such structural enclosure may also be designed of a similar or compatible architectural style, including materials and colors, to compliment the buildings on a site. All structural enclosures shall have swinging gates or doors that shall be kept completely closed. The design of a structural enclosure may include a roof.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)