Egg Harbor City City Zoning Code
ARTICLE XI
Design Standards
§ 170-98 Applicability of article.
[Amended 12-6-2007 by Ord. No. 13-2007]
The provisions of this article are a furtherance of the land use and development controls of land in the City. This article shall not affect any of the provisions of the zoning, site plan and subdivision requirements as they apply to the City as a whole. After a development plan is duly filed, approved and recorded under the provisions of this article, the land area included in the development plan shall be governed entirely by the provisions of this article with the exception that provisions of the zoning, site plan and subdivision requirements specifically referenced within this article shall also apply. This article shall not apply to single-family dwellings, two-family dwellings or minor subdivision applications. The developmental standards and guidelines contained in this article shall not apply to R-20F and PA Zones in the Pinelands Forest Area and Preservation Area, respectively.
§ 170-99 Basis for consideration.
A.
Consideration for approval or disapproval of a development shall be based on and interpreted in light of the effect of the development on the comprehensive plan of the City and in light of the effect of the development on the use of the property adjacent to and in the areas close to the development.
B.
This article shall not be construed to mean the developer can, by right, merely meet the standards set herein. These standards and requirements are minimums only. The Board may require more stringent standards, based on the specific and unique nature of the site and the surrounding areas, in order to protect the health, safety and welfare of the citizens of the City. In cases where additional standards are necessary for a specific site, this article and the City subdivision and land development standards shall apply toward the site until the proposed development plan has been filed, approved and recorded, having met these additional standards. In all instances, the Pinelands area environmental standards contained in Articles V and VI of Chapter 170 shall continue to apply to all development in the City.
[Amended 12-6-2007 by Ord. No. 13-2007]
§ 170-100 Modifications.
A.
The Board may permit the modification of the provisions of this article. Any modification of the requirements of this article shall be subject to the following standards:
(1)
The design and improvement shall be in harmony with the purpose and intent of this article.
(2)
The design and improvement shall generally enhance the development plan or, in any case, not have an adverse impact on its physical, visual or spatial characteristics.
(3)
The design and improvement shall generally enhance the streetscape and neighborhood or, in any case, not have adverse impact on the streetscape and neighborhood.
(4)
The modification shall not result in configurations of lots or street systems which shall be impractical or detract from the appearance of the City.
(5)
The proposed modification shall not result in any danger to the public health, safety or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violating the other purposes for which ordinances are to be enacted.
(6)
Landscaping and other methods shall be used to insure compliance with the design standards and guidelines of this article.
(7)
The minimum lot size of any lot to be created shall not be reduced below the requirements of this article.
(8)
The landowner shall demonstrate that the proposed modification will allow for equal or better results and represent the minimum modification necessary.
B.
If the Board determines that the landowner has met his burden, it may grant a modification of the requirements of this article. In granting modifications, the Board may impose such conditions as will, in its judgment, secure the objectives and purposes of this article.
§ 170-101 Applicability of development standards and guidelines.
A.
The development standards contained in this article shall be used by any applicant in preparing a development plan and by the Board in reviewing the same. In the exercise of its powers of review, the Board may approve, deny, conditionally approve or request modifications to a development plan that is deemed to be inconsistent with the development standards and guidelines or the purposes of this article in accordance with the provisions of § 170-100 herein.
[Amended 12-6-2007 by Ord. No. 13-2007]
B.
This article contains both development standards, which are normative and set forth specific requirements, and development guidelines, which define a framework and are only indicative. However, both standards and guidelines shall be interpreted with flexibility. The Board shall view such standards and guidelines as tools, since exceptional situations, requiring unique interpretations, can be expected. When applying such standards and guidelines, the Board shall weigh the specific circumstances surrounding each application and strive for development solutions that best promote the spirit, intent and purposes of this article.
C.
The developmental standards and guidelines contained in this article shall be used as the City's minimum requirements. However, such standards and guidelines are not intended to restrict creativity, and an applicant may request a modification or exception from any development standard or guideline. Modifications to the design guidelines and standards contained in this section shall be approved by the Board in accordance with § 170-100 herein.
D.
This article shall not apply to single-family dwellings, two-family dwellings or minor subdivision applications. The developmental standards and guidelines contained in this article shall not apply to R-20F and PA Zones in the Pinelands Forest Area and Preservation Area, respectively.
[Added 12-6-2007 by Ord. No. 13-2007]
§ 170-102 Definitions.
BAY — A regularly repeated unit on a building elevation defined by columns, pilasters or other vertical elements, or defined by a given number of windows or openings.
A projecting horizontal band on an exterior wall marking the separation between floors or levels.
An exterior building wall with no openings and generally constructed of a single material, uniform texture and on a single plane.
The relationship between the mass of a building and its surroundings, including the width of street, open space and mass of surrounding buildings.
The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.
A vertical pillar or shaft, usually structural.
A parcel, or parcels, of land, an area of water or a combination of land and water, including floodplain and wetland areas, within a development site, designed and intended for the use and enjoyment of residents of the development and, where designated, the community at large. The area of parking facilities serving the activities in the common open space may be included in the required area computations. Common open space shall not include:
The land area of lots allocated for single-family detached dwellings, single-family semidetached dwellings and duplex dwellings, front yards, side yards and rear yards, whether or not the dwellings are sold or rented.
The land area of lots allocated for apartment and townhouse dwelling construction, including front yards, side yards, rear yards, interior yards and off-street parking facilities, whether or not the dwellings are sold or rented.
The land area of lots allocated for total commercial use, including front yards, side yards, rear yards and parking facilities, whether or not the commercial facilities are sold or rented.
The land area of lots allocated for public and semipublic uses, community clubs and community facilities, including open space for playgrounds and athletic fields which are a part of the principal use; and front yards, side yards, rear yards and other open space around the buildings; and parking facilities, whether or not the schools and churches are sold or rented.
Street rights-of-way, parkways, driveways, off-street parking, and service areas, except the landscaped central median of boulevards.
A dynamic, diverse, compact and efficient center that has evolved and been maintained at a human scale, with an easily accessible central core of commercial and community services, residential units and recognizable natural and built landmarks that provide a sense of place and orientation.
[Added 12-6-2007 by Ord. No. 13-2007]
The character of the buildings, streetscape and neighborhood which surround a given building or site.
The top part of an entablature, usually molded and projecting.
A small roof tower, usually rising from the roof ridge.
A light, nonstructural outer wall of a building in the form of a metal grid with infill panels of glass and other materials.
The combination of building height and width, together with the placement of fenestration, structural elements and architectural details, may convey a predominantly horizontal or a predominantly vertical directional emphasis to a building's facade.
A building or space in a building and grounds used for the day care of senior citizens. However, it does not provide daily health-related care or services of any kind.
An exterior facade of a structure, or its head-on view, or representation drawn with no vanishing point, and used primarily for construction.
Features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment or may require limited development or, in certain instances, may preclude development.
A building face or wall.
A projecting, flat, horizontal member or molding, also part of a classical entablature.
Window and other openings on a building facade.
A drawing which shows the footprint of a building(s) and building appurtenances which touch or cover the ground, the outline of which is rendered in solid (figure) and the openings, spaces or nonbuilt areas surrounding these buildings shown in void or nonrendered spaces (ground).
See "visual termination."
The part of the end wall of a building between the eaves and a pitched or gambrel roof.
A principal point of entrance into a district or neighborhood.
A building located at a gateway and which dramatically marks this entrance or transition through massing, extended height, use of arches or colonnades, or other distinguishing features.
See "belt course."
The relationship between the dimensions of a building, structure, street, open space or streetscape element and the average dimensions of the human body.
A component of common open space, comprising one or more parcels with a minimum area of 500 square feet, of a distinct geometric shape, and bounded by streets with curbside parking on a minimum of 50% of their perimeter.
A private street or easement located through the interior of blocks and providing vehicular and service access to the side or rear of properties.
A line of communication, such as a pathway, arcade, bridge, lane, etc., linking two areas or neighborhoods which are either distinct or separated by a physical feature (e.g., a railroad line, major arterial) or a natural feature (e.g., a river, stream).
A horizontal beam over an opening in a masonry wall, either structural or decorative.
A street containing a mix of uses, including the greatest concentration of commercial development. The main street commercial area, together with the community green, shall form the focus of the neotraditional neighborhood.
Wall building material, such as a brick or stone, which is laid up in small units.
The three-dimensional bulk of a structure; height, width and depth.
An interconnected system of streets which is primarily a rectilinear grid in pattern, however, modified in street layout and block shape as to avoid a monotonous repetition of the basic street/block grid pattern. Streets are limited to a length from 200 to 1,000 feet.
A motor vehicle service station or garage that is limited in the intensity of use to serve primarily the immediately surrounding neighborhood. Such facilities shall be limited to two fuel dispensers serving no greater than four motor vehicles at any one time and/or two indoor service bays servicing no greater than two motor vehicles at any one time.
A pedestrian-oriented neighborhood, with variable lot widths and sizes, a mix of dwelling unit types, on-street parking and nonresidential uses, generally located along a main street commercial area or fronting on a community green. The size of the neighborhood is a five-minute walk (or about 1,500 feet) from the core.
[Amended 12-6-2007 by Ord. No. 13-2007]
The number of dwelling units in relation to the total land area proposed to be used for residential purposes, not including rights-of-way, interior parking areas, access drives, private streets, sidewalks, common open space and public or semipublic parks and playgrounds. This can also apply to the specific lot on which a building(s) is sited. It can be measured in dwelling units per acre (DU/A).
See "internal open space."
A planting area located within the public right-of-way, typically located between the curb and the sidewalk, and planted with ground cover and trees.
A column partially embedded in a wall, usually nonstructural.
The angle of slope of a roof or berm.
An open-sided structure attached to a building sheltering an entrance or serving as a semienclosed space.
The relationship or ratio between two dimensions, e.g., width of street to height of building wall, or width to height of window.
A paved path provided for pedestrian use and usually located at the side of a road within a right-of-way. In residential areas, it is separated from the cartway by a parkway.
That which is reasonably visible, under average conditions, to the average observer located on any public land or right-of-way or on any semipublic or private space which is normally accessible to the general public.
Corner treatment for exterior walls, either in masonry or frame buildings.
The effect obtained through repetition of architectural elements, such as building footprints, height, rooflines or side yard setbacks; of streetscape elements, such as decorative lampposts; or of natural elements, such as street trees.
The relationship between the solid portions of a building facade and the voids formed by doors, windows, other openings and recesses. May also refer to the relationship between building mass (solids) and side yard setbacks (voids) along a street.
See "recreation area."
The outdoor display of merchandise for sale by a commercial establishment. The displayed merchandise must be similar to the merchandise sold within the establishment.
The area or areas on a commercial building facade where signs may be placed without disrupting facade composition. The signable area will often include panels at the top of show windows, transoms over storefront doors and windows, sign boards on fascias, and areas between the top of the storefront and the sills of second-story windows.
The vertical surface of a lintel over a storefront which is suitable for sign attachment.
See "sign, icon."
A sign that illustrates, by its shape and graphics, the nature of the business conducted within.
Functional elements of the streetscape, including but not limited to benches, trash receptacles, planters, telephone booths, kiosks, sign posts, street lights, bollards and removable enclosures.
The built and planted elements of a street which define its character.
See "belt course."
The exterior finish of a surface, ranging from smooth to coarse.
See "public viewshed."
A buffering or screening device which partially or totally blocks the view to, or from, adjacent sites by a discernible factor ranging up to 100%.
A process by which a community participates in evaluating its existing environment and in developing a common vision for its future.
A point, surface, building or structure terminating a vista or view, often at the end of a straight street or coinciding with a bend.
§ 170-103 Common open space.
A.
Not less than 15% of the neighborhood shall be allocated to and shall remain in common open space in perpetuity. Common open space shall be deed restricted to prohibit future subdivision or development, except for recreational and cemetery uses which may be permitted with the approval of the Board. Common open space shall be used for social, recreational and/or natural environment preservation purposes. The uses authorized must be appropriate to the character of the common open space, including its topography, size and vegetation, as well as to the character of the development, including its size and density, the characteristics of the expected population, and the number and type of dwellings to be provided. The common open space shall be provided in the form of internal open space and peripheral open space.
B.
Internal open spaces shall contain a minimum of 500 square feet and shall be of a distinct geometric shape, generally rectilinear or square, bounded by streets with curbside parking on a minimum of 50% of its perimeter. Internal open spaces shall be landscaped such that a minimum of 75% of the area is covered with trees, shrubs, lawn and groundcover. The type of trees and shrubs shall be such that vistas through the internal open space are largely unobstructed. Internal open spaces shall be landscaped according to Pinelands Comprehensive Management Plan vegetation regulations, N.J.A.C. 7:50-6.21 and § 170-73A, and shall use elements such as formal gardens, walkways, monuments, statues, gazebos, fountains, park benches and pedestrian-scale lampposts. Internal open spaces shall be landscaped using elements such as formal gardens, walkways, monuments, statues, gazebos, fountains, park benches, and pedestrian-scale lampposts. Internal open spaces shall be designed as village commons, town squares or urban parks, and shall be designed as an active gathering place for all residents of the development in both day and evening and shall include places for strolling, sitting, social interaction and informal recreation.
[Amended 12-6-2007 by Ord. No. 13-2007]
C.
Each community shall be designed to have one primary internal open space which shall be considered as part of the dedicated common open space requirement and shall be referred to as the community green. The community green shall have a minimum area of 10,000 square feet and the size, shape and design of the community green shall provide adequate space for concerts, outdoor exhibits and community gatherings based on the number of residents expected in the development. Public restrooms, public telephones and police/fire call boxes shall be provided in each community green. A bus stop shall be provided in or adjacent to the community green. The community green shall be surrounded by a concentration of high-density development, which may include commercial, residential and public and semipublic uses, community clubs and community facilities. If the development includes a main street commercial area, the community green shall either front upon a main street, main street shall terminate at the community green or main street and the community green shall otherwise be incorporated into a combined community focus for the development. Nothing herein shall preclude a large tract from containing two separate developments with two separate community greens.
D.
The community green shall be centrally located to be within 1,500 feet of 90% of all dwelling units in the development. This is determined by a radius of 1,500 feet from the outermost boundary of the community green. In developments where the community green is combined with a main street commercial area, the radius of 1,500 feet shall also be measured from the outermost boundary of the lots fronting on the main street commercial area.
E.
Peripheral open space shall be required where certain conditions exist adjacent to the tracts, as specified below:
(1)
A peripheral open space area of a minimum of 20 feet in width shall be provided where the tract abuts any roadway listed as an arterial or highway.
(2)
A peripheral open space area of a minimum of 30 feet in width shall be provided where the tract abuts an existing tract of open space, public parkland or an undeveloped tract.
(3)
Peripheral open space areas may be used for agricultural purposes, including wood lots, with the approval of the Board. Peripheral open space areas used for agricultural purposes shall be a minimum of 40 feet in width from the boundary of the developed area to the property line of the tract and shall provide for appropriate buffering adjacent to the developed area of the property.
(4)
Unless peripheral open space areas abutting arterial and highways contain existing mature trees and vegetation, such areas shall be densely planted with a mixture of indigenous species trees to achieve a year-round, visually impervious screen within five years.
F.
Common open space, particularly peripheral open space areas, containing existing attractive or unique natural features, such as streams, creeks, ponds, woodlands, specimen trees and other areas of mature vegetation worthy of preservation, may be left unimproved and in a natural state. As a general principle, the preservation of undeveloped open space in its natural state is encouraged. A developer may make certain improvements such as the cutting of trails for walking or jogging and the provision of picnic areas. In addition, the Board may require a developer to make other improvements, such as removal of dead or diseased trees, thinning of trees or other vegetation, to encourage more desirable growth and grading and seeding. To the greatest extent possible, common open space shall include all environmentally sensitive areas, including areas with slopes greater than 20%, one-hundred-year floodplains, wetlands, areas of seasonally high water and other such critical areas, as may be determined by the Board. Existing man-made features may be preserved through incorporation in common open space.
G.
Peripheral open space areas may be used for public and semipublic recreation purposes with the approval of the Board. Recreational facilities shall be required to serve the anticipated needs of the developments, taking into account the anticipated characteristics and demographic profile of the development's population, the recreational facilities available in neighboring developments and the relevant provisions regarding recreational facilities contained in the comprehensive plan. Recreational facilities may include soccer, baseball, football and other field sports that require open, unlit fields. This requirement may be satisfied by a public green space in the downtown redevelopment area.
H.
Cemeteries may be permitted in both internal and peripheral open space areas with the approval of the Board.
I.
The buildings, structures and improvements permitted in the common open space shall be appropriate to the authorized uses and shall conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition.
J.
The construction schedule of the development shall coordinate the improvement of the common open space with the construction of residential dwellings. At no time in the development of various phases of the community may the total area of common open space in the developed phases be less than 50% of the gross area of the required open space unless additional areas to produce the required percentage are permanently reserved as common open space on the remaining land of the total development. The location or size of this reserved common open space on remaining land may be altered or changed upon the approval and recording of the development plan of an additional phase of development.
K.
The method utilized for ownership, administration and maintenance of common open space shall be approved by the Board and Council of the municipality. The ownership, administration and maintenance of common open space shall be arranged to be in accordance with one or more of the following:
(1)
The City may accept dedication of common open spaces or any interest therein for public use and maintenance, for no consideration to be paid by the City. Unless waived by the Board and Council of the municipality at time of approval, the City shall have the option to accept all or any portion of the common open space at any time within 10 years of the recording of the final subdivision plan for the development. The final plan shall contain a note, in language acceptable to the City solicitor, that the common open space is irrevocably dedicated to the City for a period of 10 years from the date of the recording of the final plan. Said note shall also state that the City shall have no duty to maintain or improve the dedicated common open space unless and until it has been accepted by formal action of the Council.
(2)
The landowner may establish an automatic-membership property owners' association made up of the owners of property in the community, as a nonprofit corporation for the purpose of owning, administering and maintaining common open space; provided, however, that the association shall not be dissolved nor shall it dispose of the common open space by sale or otherwise (except to an organization conceived and established to own, administer and maintain common open space approved by the Board and/or Council) without first offering the common open space for dedication to the City. The property owners' association shall be empowered to levy and collect assessments from the property owners of the community to cover replacements, working capital and operating expenses, insurance against casualty and liability, and contingencies.
(3)
The landowner may establish a deed or deeds of trust, approved by the Board and/or Council, for the purpose of owning, administering and maintaining common open space, with the trustee empowered to levy and collect assessments from the property owners of the community to cover replacements, working capital, operating expenses, insurance against casualty, liability, and contingencies.
(4)
With permission of the City, and with appropriate deed restrictions in favor of the City and in language acceptable to the City solicitor, the developer may transfer the fee-simple title in the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:
(a)
The organization is acceptable to the City and is a bona fide conservation organization with a perpetual existence;
(b)
The conveyance contains appropriate provisions for proper retransfer or reverter in the event that the organization becomes unable to continue to carry out its functions; and
(c)
A maintenance agreement acceptable to the City is entered into by the developer, organization and City.
L.
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after the establishment of the community fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Board and/or Council may serve written notice upon such organization or upon the residents of the community setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Board and/or Council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the City Council, in order to preserve the taxable values of the property within the community and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. Said maintenance by the City, as directed by the Board and/or Council, shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Board and/or Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or the residents of the community, to be held by the Board and/or Council or its designated agency, at which hearing such organization or the residents of the community shall show cause why such maintenance by the City shall not, at the option of the City, continue for a succeeding year. If the Board and/or Council or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the City may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Board and/or Council shall be subject to appeal to court in such manner and within the same time limitation as is provided for appeals by the State of New Jersey. The cost of maintenance of such common open space by the City shall be assessed ratable against the properties within the community that have a right of enjoyment of the common open space and shall become a lien on said properties. The City, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the Office of the Atlantic County Clerk upon the properties affected by the lien within the community.
§ 170-104 Blocks and lots.
A.
The street shall be designed to create blocks that are generally rectilinear in shape, a modified rectilinear shape or another distinct geometric shape. Amorphously shaped blocks are generally discouraged, except where topographic or other conditions necessitate such a configuration. To the greatest extent possible, blocks shall be designed to have a maximum length of 600 feet. Terraces shall be permitted to bisect blocks.
B.
Lot areas and lot widths shall vary at random to the greatest extent possible, in order to eliminate the appearance of a standardized subdivision. To the extent possible, no more than two lots in a row shall have the same width. Lots shall vary by a minimum of five-foot increments.
C.
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
D.
Lots with reverse frontage shall provide a twenty-five-foot natural landscaped buffer along the street line in addition to the required rear yard setback. The rear yard setback line shall begin at the interior limit of the buffer. If the buffer requires additional supplemental planting to enhance the natural appearance, the reviewing Board shall determine the acceptable planting, berming and/or fencing with the advice and support of reviewing professionals.
§ 170-105 Streets.
A.
The street layout shall be a modified grid street pattern adapted to the topography, unique natural features, environmental constraints of the tract and peripheral open space areas. The street layout shall take into consideration the location of the community focus, other internal open space areas, gateways and vistas. A minimum of two interconnections with the existing public street system rated as an arterial or collector shall be provided where possible. Linkages to adjacent developments and neighborhoods with pedestrian and bicycle paths are recommended where possible.
B.
The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern, however, modified to avoid a monotonous repetition of the basic street/block pattern. The use of culs-de-sac and other roadways with a single point of access shall be minimized. To the greatest extent possible, streets shall be designed to have a maximum length of 600 feet, from intersection to intersection and, to the greatest extent possible, shall either continue through an intersection or terminate in a "T" intersection directly opposite the center of a building, an internal open space area or a view into a peripheral open space area.
§ 170-106 Affordable housing; residential development.
A.
A minimum of 20% of the total units are set aside for households of moderate and low income. To the extent possible, these units should be slated for ownership with the conditional provision of only the cost-of-living increment assigned upon selling to another low- or moderate-income family. Half of the units shall be for low-income families, and half shall be for moderate-income families. This provision may be modified to satisfy the New Jersey Council on Affordable Housing (COAH) requirements.
B.
Buildings containing dwelling units shall be designed in conformance to the selected design vocabulary. See § 170-118 of this article. Building designs shall vary in terms of footprint, architectural elevations, fenestration, type of roof, height, front entrance, and porch locations. Colors, materials and architectural details should be limited in number, compatibility and repetition throughout the neighborhood.
C.
Apartment dwellings located on upper floors above commercial uses shall have elevator access provided for eight or more interconnected units.
D.
All residential units shall be raised above the level of the adjacent sidewalk by a minimum of two feet to provide security and privacy.
E.
A minimum of 50% of all dwelling units, excluding apartment dwellings located on upper floors, shall have a clearly defined front yard using landscaping, hedging, fencing or a brick or stone wall, none of which shall exceed three feet in height. Front yards of attached duplexes or townhouses may be unified into one common yard treated as a single front yard for the entire building.
F.
A minimum of 50% of dwelling units, except apartments, shall have a front entrance articulated with a covered front entry porch. Front porches shall be located on the front of the dwelling facing the sidewalk. The size of front-entry porches shall be a minimum of five feet deep, from the front wall of the dwelling to the enclosing porch rail, and 10 feet long.
G.
All dwelling units, except apartments located on upper floors, shall have a private yard or patio a minimum of 400 square feet in area and enclosed by a masonry wall, wooden fence, trellis or lattice, evergreen hedge, vines or some combination thereof. The height of such yard or patio enclosure shall not exceed six feet and shall be suitable to provide privacy and screen views of neighboring uses. Each upper-floor apartment dwelling shall be provided with a terrace consisting of a minimum of 64 square feet, recessed inside the exterior building wall of the dwelling, or a balcony of 72 square feet projecting to the outside of the building wall. If a terrace or balcony is not provided for upper floor apartments, each dwelling shall be provided with access to a conveniently located common space, park or green with an additional 100 square feet of area above the required internal open space. Such additional space shall be designed as outdoor rooms with hard surfaces and places for movable chairs and tables.
§ 170-107 Commercial development.
A.
Commercial uses shall be contained in multistory, mixed-use structures with commercial/retail uses on the ground level and apartment dwellings or offices on the upper levels. Such buildings shall vary in terms of footprint and architectural elevations. The maximum ground-level footprint of a commercial unit in a building shall be 5,000 square feet. In a three-story building, the second floor may contain either apartment dwellings or commercial uses.
B.
Corner stores may be located in residential areas of the small community away from the core. Corner-store buildings shall be designed to appear as a residential building and shall be limited to one ground-level commercial use not to exceed 1,000 square feet in gross floor area with apartment dwellings on the upper level(s). The commercial use in a corner store shall be primarily oriented to serve the residents of the immediately surrounding neighborhood. A corner-store building shall be set back a maximum of 10 feet from the right-of-way line.
C.
Restaurants shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired. The following standards and guidelines are applicable:
(1)
To allow for pedestrian circulation, a minimum of five feet of sidewalk along the curb and leading to the entrance to the establishment shall be maintained free of tables and other encumbrances.
(2)
Planters, posts with ropes, or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.
(3)
Extended awnings, canopies or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors.
(4)
Outdoor cafes shall be required to provide additional outdoor trash receptacles.
(5)
Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.
(6)
Outdoor cafes shall not be entitled to additional signage over and beyond what is permitted for this type of establishment.
(7)
The operators of outdoor cafes shall be responsible for maintaining a clean, litter-free and well-kept appearance within and immediately adjacent to the area of their activities.
D.
Commercial uses shall be permitted to have sidewalk displays of retail merchandise. The following standards and guidelines are applicable:
(1)
Sidewalk displays are permitted directly in front of an establishment, provided that at least five feet of clearance is maintained at the storefront entrance for adequate and uncluttered pedestrian access, provided the display is located against the building wall and not more than three feet deep, and provided the display area does not exceed 75% of the length of the storefront.
(2)
Display cases shall be permitted only during normal business hours and shall be removed at the end of the business day. Cardboard boxes shall not be used for sidewalk displays.
(3)
Sidewalk displays shall maintain a clean, litter-free and well-kept appearance at all times and shall be compatible with the colors and character of the storefront from which the business operates.
§ 170-108 Public and semipublic uses and community facilities.
A.
Not less than 2% of the gross tract or 450 square feet per dwelling shall be dedicated as sites for public and semipublic uses, community clubs or community facilities.
B.
Sites for such uses shall be dedicated to appropriate users, as determined by the Board. Such uses can include churches and religious institutions, day care and other institutional uses.
C.
Such uses shall occupy prominent buildings. Buildings shall employ additional mass and height, civic architectural design or other distinguishing features.
D.
Parking for such uses shall utilize on-street parking to the extent possible. If additional off-street parking is required, it shall be located in the rear of the building or structure and screened from the viewshed of the street.
§ 170-109 Sidewalks and bikeways.
A.
A sidewalk network shall be provided throughout the development that interconnects all dwelling units with other units, nonresidential uses and common open space. Sidewalks shall promote pedestrian activity within each site and throughout the development; they shall be separate and distinct from motor vehicle circulation to the greatest extent possible, provide a pleasant route for users, promote enjoyment of the development and encourage incidental social interaction among pedestrians. Sidewalks shall be of barrier-free design to the greatest extent possible. The pedestrian circulation system shall include gathering/sitting areas and provide benches, landscaping and other street furniture where appropriate.
B.
Sidewalks shall be a minimum of four feet in width, expanding to five feet and six feet along major pedestrian routes; sidewalks in commercial areas shall be 10 to 15 feet in width. Sidewalks shall be constructed of brick, slate, colored/textured concrete pavers, concrete containing accents of brick or some combination thereof that is compatible with the style, materials, colors and details of the surrounding buildings. The functional, visual and tactile properties of the paving materials shall be appropriate to the proposed functions of pedestrian circulation.
C.
Walkways shall be raised and curbed along buildings and within parking lots, where suitable. Pedestrian street crossings shall be clearly delineated by a change in pavement color and/or texture. All sidewalks and other pedestrian walkways shall have appropriate lighting, using poles and fixtures consistent with the overall design theme for the development.
D.
Bikeways shall be provided, where possible, to link internal open space areas with peripheral open space areas and continuing on routes through peripheral open space areas. Bikeways do not have to be marked on local residential streets with low average daily traffic. Bikeways are required on access and entry roads and on boulevards with high average daily traffic. Bikeways shall be a minimum of six feet wide and may use asphalt paving. Bike racks shall be provided in internal open space areas and recreation areas in the peripheral open space.
§ 170-110 Required off-street and on-street parking.
A.
The ratio of parking spaces required is found in § 170-62 of the Egg Harbor City Developmental Ordinance.
B.
Off-street parking for commercial uses shall be sufficient to provide parking for the employees of all proposed uses as well as long-term customer parking. Spaces reserved for employees shall be designated as such by means of striping and signage. Off-street parking lots shall be prohibited in any front yard setback area, shall be located at the rear of buildings on the interior of lots and shall be accessed by means of common driveways, preferably from side streets or lanes. Such lots shall be small-sized (less than 25 parking spaces), where possible, and interconnected with commercial parking lots on adjacent properties. Cross-access easements for adjacent lots with interconnected parking lots shall be required in language acceptable to the City solicitor. Common, shared parking facilities are encouraged, where possible.
C.
Parking for all dwelling units shall be prohibited in front yard setback areas. Driveways shall be prohibited in any front yard area. For other dwelling types, driveway access shall be provided from terraces. Driveways and parking areas shall be set back a minimum of three feet from the side of dwelling units and 20 feet from the rear of dwelling units. Driveways shall be set back a minimum of three feet from any side property line, unless such driveway is shared by dwellings on two adjacent lots, in which case the driveway may be located with the driveway center line on the common side lot line. Parking for townhouses shall be provided in a common off-street parking area, garages or parking spaces with access from a rear terrace. Private driveways for townhouses shall connect to lanes only and not to a street. However, a common driveway serving a minimum of eight units may be permitted from a street. Parking for apartments may be located in common parking lots located on a lot other than that containing the apartment building, but within 400 feet of the apartment building entrances. If access to a garage is provided from a street, the front entrance of such a garage shall be set back 15 feet further than the front wall of the dwelling unit. The location of a garage shall be set back a minimum of five feet from the side or rear property line.
D.
Parking lot landscaping, buffering and screening.
(1)
Lots for apartment and nonresidential uses shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and civic, commercial or residential uses shall be designed with textured paving, landscaping and street furniture.
(2)
Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spillover light, glare, noise or exhaust fumes onto adjacent properties, in particular residential properties, and provide the parking area with a reasonable measure of shade, when trees reach maturity. In order to achieve these objectives, parking lots exposed to view shall be surrounded by a minimum of a five-foot-high, year-round, visually impervious screen, hedge or wall. The height of any required screen, hedge or wall shall decrease where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians from motor vehicles, and shall not interfere with clear sight triangle requirements.
(3)
The interior of all parking lots shall be landscaped to provide shade and visual relief. This is best achieved by protected planting islands or peninsulas within the perimeter of the parking lot. Parking lots with 10 or fewer spaces may not require interior landscaping if the Land Use Board determines that there is adequate perimeter landscaping. If this perimeter landscaping is found to be inadequate, and in parking lots with 11 or more spaces, a minimum of one deciduous shade tree shall be planted for every six parking spaces. A six-foot planting diamond or equivalent planter is required. Choice of plant materials, buffer width, type of screening, location and frequency of tree planting shall be flexible, provided these objectives are substantially satisfied.
[Amended 8-28-2014 by Ord. No. 9-2014]
(4)
Parking lot layout shall take into consideration pedestrian circulation and pedestrian walkways. Pavement textures shall be required on pedestrian accessways and strongly encouraged elsewhere in the parking lot as surfacing materials or when used as accents.
§ 170-111 Required loading and service areas.
A.
When required, loading docks, solid waste facilities, recycling facilities and other service areas shall be placed to the rear or side of buildings in visually unobtrusive locations.
B.
Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and landscaping shall also prevent spillover glare, noise or exhaust fumes. Screening and buffering shall be achieved through fire-resistant walls, fences and landscaping, shall be a minimum of five feet tall and shall be visually impervious. Recesses in the building or depressed access ramps may be used. See § 170-114M.
§ 170-113 Neighborhood design standards and guidelines.
A.
Buildings located at gateways entering the development shall mark the transition into and out of the neighborhood in a distinct fashion using massing, additional height, contrasting materials and/or architectural embellishments to obtain this effect. Buildings located at gateways to a community green area or a main street commercial area shall mark the transition to such areas in a distinct fashion using massing, additional height, contrasting materials and/or architectural embellishments to obtain this effect.
B.
Focal points or points of visual termination shall generally be occupied by more prominent, monumental buildings and structures that employ enhanced height, massing, distinctive architectural treatments or other distinguishing features.
C.
Buildings shall define the streetscape through the use of uniform setbacks for each block. The streetscape shall also be reinforced by lines of closely planted shade trees and may be further reinforced by walls, hedges or fences which define front yards.
D.
Exterior public and semipublic spaces, such as courtyards or plazas, shall be designed to function, to enhance surrounding buildings and to provide amenities for users in the form of textured paving, landscaping, lighting, street trees, benches, trash receptacles and other items of street furniture, as appropriate. Courtyards shall have recognizable edges defined on at least three sides by buildings, walls, elements of landscaping and elements of street furniture in order to create a strong sense of enclosure.
E.
Buildings shall be considered in terms of their relationship to the height and massing of adjacent buildings, as well as in relation to the human scale.
F.
Buildings shall be located to front towards and relate to public streets, both functionally and visually, to the greatest extent possible. Buildings shall not be oriented to front toward a parking lot.
G.
Spatial relationships between buildings and other structures shall be geometrically logical and/or architecturally formal. On a lot with multiple buildings, those located on the interior of the site shall front towards and relate to one another, both functionally and visually. A lot with multiple buildings may be organized around features such as courtyards, greens or quadrangles which encourage pedestrian activity and incidental social interaction among users. Smaller, individualized groupings of buildings are encouraged. Buildings shall be located to allow for adequate fire and emergency access.
H.
The acoustic, thermal, visual and tactile properties of the proposed paving materials shall be appropriate to the proposed functions of pedestrian circulation. Modular masonry materials, such as brick, slate and concrete pavers, or grid, cast-in-place materials, such as exposed aggregate concrete slabs, shall be used, whenever possible, on sidewalks, pedestrian walkways and pathways and public or semipublic plazas, courtyards or open spaces. Asphalt and nonaggregate exposed concrete slabs should be avoided.
I.
Walls and fences shall be architecturally compatible with the style, materials and colors of the principal building on the same lot. Stone walls or brick walls with a stone or cast stone cap are encouraged. Wood fences, decorative metal or cast iron fences, masonry or stucco walls and stone piers shall be encouraged. Solid wooden fences are permitted in rear and side yards only. Highway-style guard rail, stockade or contemporary security fencing such as barbed wire or razor wire is prohibited.
§ 170-114 Landscaping.
A.
Extensive landscaping shall be required in accordance with a landscape plan conceived for the community as a whole. All areas of a site not occupied by buildings, parking lots, other improvements or textured paving shall be intensively planted with trees, shrubs, hedges, ground covers and/or grasses, unless such area consists of attractive existing vegetation to be retained. Perennials and annuals are encouraged.
B.
Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as recreational facilities, ground paving materials, paths and walkways, fountains or other water features, trellises, pergolas, gazebos, fences, walls, street furniture, art and sculpture.
C.
Plant suitability, maintenance and compatibility with site and construction features are critical factors which shall be considered. Plantings shall be designed with repetition, structured patterns and complementary textures and colors and shall reinforce the overall character of the area.
D.
Landscaping plans shall be prepared by a certified professional in the field of landscape architecture.
E.
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the area of the site to be constructed and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the municipal engineer, be used as mulch in landscaped areas. Areas which are to remain as open space and undeveloped shall be cleaned of all debris and shall remain in their natural state.
F.
Protection of existing plantings. Maximum effort should be made to save fine or mature specimens because of size or relative rarity. These should be protected and preserved. No material or temporary soil deposits shall be placed within four feet of shrubs or within two feet of the drip line of trees designated to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants at the drip line, that are to be retained. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. Barriers, such as snow fences, shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed.
G.
Slope plantings. Landscaping of the area of all cuts, fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three horizontally shall be planted with ground covers appropriate for the purpose, soil conditions, water availability and environment.
H.
Additional landscaping. In addition to the required screening and street trees, additional plantings or landscaping elements shall be required throughout, where necessary, for climate control, privacy or for aesthetic reasons.
I.
Planting specifications. Deciduous trees shall have at least a three-inch caliper at the time of planting. Evergreen trees shall be a minimum of five to six feet high at the time of planting. Shrubs shall be two feet in height at the time of planting. Only nursery-grown plant materials shall be acceptable, and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards.
J.
Within two years from the time of planting, all dead or dying plants installed new, transplanted or designated as existing trees to be retained on the plan shall be replaced by the developer. With required maintenance and watering, it shall be as appropriate for the plant type. Trees or other vegetation which dies after the second year shall be replaced and maintained by the property owners' association.
K.
Plant species. Selected plant species shall be consistent with N.J.A.C. 7:50-6.25. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size. Trees shall have a caliper of three inches, shall be nursery grown, shall be of substantially uniform size and shape and shall have straight trunks. Trees shall be properly planted and staked and provisions made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.
[Amended 12-6-2007 by Ord. No. 13-2007]
L.
Other landscape improvements. Landscaping and site treatment plans shall consider seasonal flowers in planters, planting beds and hanging baskets.
M.
Garbage and recycling. Garbage collection, recycling areas and other utility areas shall be screened around their perimeter by fire-resistant enclosures with a roof or by masonry walls, with a minimum height of five feet. Such a wall shall be capped on the top. A landscaped planting strip a minimum of three feet wide shall be located on three sides of such a facility. Planting material shall be separated from the parking lots by Belgian block curbing, but such facility shall have ramp access for vehicles and carts. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs, ground cover or covered with mulch. Garbage and recycling shall not be placed in the front yard. See § 170-111B.
N.
Energy conservation. To conserve energy, landscaping shall include the planting of evergreen windbreaks to block northwest winds in the winter, thereby reducing heating energy costs in the winter. Deciduous shade trees shall be planted near the southern facades of buildings to block summer sun, thereby reducing solar heat gain during the summer months.
§ 170-115 Shade trees.
A.
Shade trees shall be provided along each side of all streets, public or private, existing or proposed. Shade trees shall also be massed at critical points, such as at focal points along a curve in the roadway. In locations where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified.
B.
Shade trees shall have a minimum caliper of three to 3 1/2 inches and/or a minimum height of 12 feet at time of planting and a maximum spacing of 30 feet on center, with exact spacing to be evaluated on a site-specific basis.
C.
The particular species of shade trees shall be determined upon specific locational requirements, soil types, geology, climate and indigenous species. The following urban-tolerant street trees are recommended for streets and elsewhere in a community, and other species may be considered:
§ 170-116 Lighting.
A.
Street lights shall be decorative and blend with the architectural style of the small community.
B.
Streets and sites shall provide adequate lighting while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and the public right-of-way. House side shields shall be provided where abutting a residential use.
C.
Along all commercial or mixed use streets, parking areas, sidewalks, walkways, courtyards, community greens and interior open spaces in a community, twelve-foot-high decorative lampposts shall be provided at regular intervals. Posts shall be spaced at no greater than 80 feet on center on both sides of a commercial or main street. Lighting on residential streets should be confined to the intersections and corners. Lighting standards shall be consistent throughout the small community.
D.
In residential parking zones, post heights may be a maximum of 16 feet. In nonresidential zones, post heights may be 25 feet.
E.
Use of minimum-wattage metal halide or color-corrected sodium light sources is encouraged. Non-color-corrected, low-pressure sodium and mercury vapor light sources are prohibited.
F.
Porch light and yard post lighting shall be incorporated into the street lighting design.
§ 170-117 Architectural design standards and guidelines.
A.
Buildings shall generally relate in scale and design features to the surrounding buildings, showing respect for the local context. As a general rule, buildings shall reflect a continuity of treatment obtained by maintaining the building scale or by subtle graduating changes; by maintaining front yard setbacks; by maintaining base courses; by continuous use of front porches on residential buildings; by maintaining cornice lines in buildings of the same height; by extending horizontal lines of fenestration; and by echoing architectural styles and details, design themes, building materials and colors used in surrounding buildings.
B.
Buildings on corner lots shall be considered significant structures since they have at least two front facades visibly exposed to the street. If deemed appropriate by the Land Use Board, such buildings may be designed with additional height and architectural embellishments, such as corner towers, to emphasize their location.
[Amended 8-28-2014 by Ord. No. 9-2014]
C.
Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections, recesses and changes in floor level shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The exterior of townhouses or apartments may be designed to appear as a single building, such as a large single-family detached dwelling.
D.
The brick buildings facing a public street or internal open space shall be architecturally emphasized through fenestration, entrance treatment and details. Buildings with more than one facade facing a public street or internal open space shall be required to provide several front facade treatments.
E.
The architectural treatment of the front facade shall be continued, in its major features, around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details. Blank wall or service area treatment of side and/or rear elevations visible from the public viewshed is discouraged.
F.
All visibly exposed sides of a building shall have an articulated base course and cornice. The base course shall align with either the kick plate or sill level of the first story. The cornice shall terminate or cap the top of a building wall, may project horizontally from the vertical building wall plane and may be ornamented with moldings, brackets and other details. The middle section of a building may be horizontally divided at the floor, lintel or sill levels with belt or string courses.
G.
Gable roofs with minimum pitch of 9/12 should be used to the greatest extent possible. Where hipped roofs are used, it is recommended that the minimum pitch be 6/12. Both gable and hipped roofs should provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall. Flat roofs should be avoided on one-story buildings and are recommended on buildings with a minimum of two stories, provided that all visibly exposed walls have an articulated cornice that project horizontally from the vertical building wall plane. Other roof types should be appropriate to the building's architecture. Mansard roofs are generally discouraged, particularly on buildings less then three stories in height. Architectural embellishments that add visual interest to roofs, such as dormers, masonry chimneys, cupolas, clock towers and other similar elements, are encouraged.
H.
Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned wherever possible. To the extent possible, upper-story windows shall be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows.
I.
Blank, windowless walls are discouraged. Where the construction of a blank wall is necessitated by local building codes, the wall should be articulated by the provision of blank window openings trimmed with frames, sills and lintels or, if the building is occupied by a commercial use, by using recessed or projecting display window cases. Intensive landscaping may also be appropriate in certain cases.
J.
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades and others, where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors and details of the building as a whole, as shall the doors.
K.
In mixed-use buildings, the difference between ground-floor commercial uses and entrances for upper-level commercial or apartment uses shall be reflected by differences in facade treatment. Storefronts and other ground-floor entrances shall be accentuated through cornice lines. Further differentiation can be achieved through distinct but compatible exterior materials, signs, awnings and exterior lighting.
L.
Storefronts are an integral part of a building and shall be integrally designed with the upper floors to be compatible with the overall facade character. Ground-floor retail, service and restaurant uses shall have large pane display windows. Such windows shall be framed by the surrounding wall and shall not exceed 75% of the total ground-level facade area. Buildings with multiple storefronts shall be unified through the use of architecturally compatible materials, colors, details, awnings, signage and lighting fixtures.
M.
Fixed or retractable awnings are permitted at ground-floor level and on upper levels, where appropriate, if they complement a building's architectural style, materials, colors and details; do not conceal architectural features, such as cornices columns, pilasters or decorative details; do not impair facade composition; and are designed as an integral part of the facade. Canvas is the preferred material, although other waterproofed fabrics may be used; metal or aluminum awnings are prohibited. In buildings with multiple storefronts, compatible awnings should be used as a means of unifying the structure. A license may be required from City Council prior to installation.
N.
Light fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors and details of the building and shall comply with local building codes. The type of light source used on the exterior of buildings, signs, parking areas, pedestrian walkways and other areas of a site, and the light quality produced, shall be the same or compatible. Facades shall be lit from the exterior and, as a general rule, lights should be concealed through shielding or recessed behind architectural features. The use of low-pressure sodium, fluorescent or mercury vapor lighting, either attached to buildings or to light the exterior of buildings, shall be prohibited. Mounting brackets and associated hardware should be inconspicuous.
O.
All air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be thoroughly screened from view from the public right-of-way and from adjacent properties by using walls, fencing, roof elements, penthouse-type screening devices or landscaping.
P.
Fire escapes shall not be permitted on a building's front facade. In buildings requiring a second means of egress pursuant to the local building codes, internal stairs or other routes of egress shall be used.
Q.
Solid metal security gates or solid roll-down metal window coverings shall not be permitted. Link or grill-type security devices shall be permitted only if installed from the inside, within the window or door frames. If installed on the outside, the coil box shall be recessed and concealed behind the building wall. Security grills shall be recessed and concealed during normal business hours. Models which provide a sense of transparency, in light colors, are encouraged. Other types of security devices fastened to the exterior walls are not permitted.
R.
All materials, colors and architectural details used on the exterior of a building shall be compatible with the building's style, and with each other. A building designed of an architectural style that normally includes certain integral materials, colors, and/or details shall incorporate such into its design. Where appropriate to the architectural style of a building, shutters shall be provided on all windows fronting a street or visible from the public right-of-way. Shutters shall be proportioned to cover 1/2 the width of the window.
§ 170-118 Design vocabulary.
A.
A design vocabulary shall be established for each community and shall include the general design qualities as well as the specific architectural standards to be used. The design vocabulary shall respond to the general and specific design standards as specified in this ordinance and relate to the proposed development plan. These must be presented at concept, preliminary and final plan phases. There must be a style or styles selected and used throughout the small community. A variation on the existing historical vernacular architectural style in the region or the City is recommended. The use of materials, colors, and massing incompatible with the selected design vocabulary shall be avoided.
B.
A listing of significant compatible features that will be incorporated into the design of the buildings and streetscape of a small community shall be prepared in matrix form. Photographic colored images, drawings or a combination can be used. The horizontal axis of the matrix shall include all the categories of residential, commercial, parks and open space, and industrial, if used. The vertical axis of the matrix shall include the following:
(1)
Building mass and style, which includes the volume of the selected building types and the style selected.
(2)
Roofs and roof materials: the various type and pitches of roofs.
(3)
Facade treatment and facade materials: the type of materials, textures and colors.
(4)
Entry and doors: door openings and the area immediately surrounding.
(5)
Windows: window types with detailing.
(6)
Eaves, porches and arcades: decorative building elements like pergolas, cupolas, shutters, etc.
(7)
Trim: details of these features in elevation and section that reflect the architectural styles selected, both vertical and horizontal.
(8)
Towers.
(9)
Cross gables and dormers.
(10)
Gutters.
(11)
Chimneys.
(12)
Walls, fences and hedges (front yard).
(13)
Walls, fences and hedges (side yards).
(14)
Colors.
(15)
Driveway.
(16)
Pavement materials and textures.
(17)
Curb treatment.
(18)
Streetlights and signs.
§ 170-119 Street furniture.
Elements of street furniture, such as benches, waste containers, planters, phone booths, bus shelters, bicycle racks and bollards, should be carefully selected to ensure compatibility with the architecture of surrounding buildings, the character of the area and with other elements of street furniture. Consistency in the selection and location of the various elements of street furniture is critical for maximum effect and functional usage.
§ 170-120 Electric vehicle supply/service equipment.
[Added 12-15-2022 by Ord. No. 17-2022]
A.
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. CERTIFICATE OF OCCUPANCY CHARGING LEVEL(1) (2) (3) ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE) MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4)
The Zoning Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the City of Egg Harbor's land use regulations.
(5)
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met;
(c)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations; and
(d)
Within the Pinelands Area, the proposed installation complies with the minimum environmental standards of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.1 et seq.).
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(d)
In the Pinelands Area, an application pursuant to Subsection A(5) above shall also require the submission of a Certificate of Filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of § 170-9A(1)(g) of the Code of Egg Harbor City.
(7)
Upon deeming an application complete pursuant to Subsection A(6) above, the Zoning Officer shall issue a zoning permit in accordance with Chapter 170 of the Code of Egg Harbor City, and the following:
(a)
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of § 170-32D and 170-32E have been met, unless the proposed development meets the criteria of § 170-9A(1)(g) of the Code of Egg Harbor City.
(8)
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(9)
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking spaces.
(1)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this subsection, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to the Code of the City of Egg Harbor.
(2)
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2)
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3)
EVSE parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code.
(d)
Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(e)
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the City of Egg Harbor's ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g)
Publicly accessible EVSE shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the City of Egg Harbor shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For the purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from, the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
(6)
Usage fees.
(a)
Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.