Millville City Zoning Code
ARTICLE XV
Specially Protected Uses
§ 30-141 Airports and heliports.
Under the Air Safety and Zoning Act of 1983,[1] the State Commissioner of Transportation has mapped areas around licensed public airports which are considered to be airport safety zones. The Municipal Land Use Law[2] requires that these airport safety zones be shown on the land use plan element of the Master Plan. Additionally, the standards adopted by the New Jersey Department of Transportation governing permitted uses and heights of structures within designated airport safety zone is incorporated by reference. N.J.A.C. 16:62-6.1 to 16:62-6.5 outline a procedure to follow that may permit for the creation or expansion of a prohibited land use or vertical height development within an airport safety zone after municipal approvals have been obtained. See N.J.A.C. 16:62-6.1 et seq.
§ 30-142 Cemeteries.
Cemeteries must conform with both municipal and state standards pursuant to the New Jersey Cemetery Act, 2003 (N.J.S.A. 45:27-1 et seq.). State law requires that the governing body of a municipality consent, by resolution, to a new cemetery or the enlargement of an existing one. Thus, approval by the governing body and the Planning Board or Board of Adjustment is necessary.
§ 30-143 Child-care centers and family day-care homes.
A.
Under the Child Care Center Licensing Act, N.J.S.A. 30:5B-1 et seq., child-care centers are facilities for six or more children and must be licensed by the State Department of Human Services. The Municipal Land Use Law[1] requires that child-care centers be permitted in all nonresidential zones. The state adopted mandatory standards for the general location of child-care centers, as well as minimum standards for the physical plant and facilities, food staff, sanitation and outdoor recreational space. See N.J.A.C. 10:122-1.1 et seq. The Municipal Land Use Law requires that child-care centers be exempt from parking and density standards which otherwise apply to nonresidential uses.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Any child-care program approved by a local board of education and operated by the board or by an approved sponsor in a public school, before or after regular school hours, pursuant to N.J.S.A. 18A:20-34, shall be deemed a permitted use in all residential and nonresidential districts of a municipality and shall be exempt from local zoning restrictions, in accordance with N.J.S.A. 40:55D-66.7a.
C.
A family day-care home is a private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.). The Municipal Land Use Law[2] requires that family day-care homes be permitted in all residential zones and be subject to the same standards which apply to single-family dwelling units in such districts. Family day-care homes are subject to all the requirements in the Municipal Land Use Law (N.J.S.A. 40:55D-66.5a to d).
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 30-144 Community residences.
Licensed community residences for persons with developmental disabilities, victims of domestic violence and persons with head injuries, as defined under the Municipal Land Use Law,[1] are permitted in all residential zones, provided the occupancy does not exceed 15 persons. Community residences operated as a hospice program to persons with terminal illnesses, Alzheimer's disease, and dementia are permitted in all residential zones, provided the occupancy does not exceed 15 persons. The requirements for community residences permitted in all residential districts under the Municipal Land Use Law shall be the same as for single-family dwelling units located within such districts.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 30-145 Condominiums and cooperatives.
§ 30-146 Farms.
The Right to Farm Act, N.J.S.A. 4:1C-1 et seq., preempts municipal land use authority over commercial farms where agriculture is a permitted use under the municipal Zoning Ordinance as of December 31, 1997. Primary jurisdiction to regulate agricultural management practices rests with the County Agricultural Board (CAB) or the State Agricultural Development Committee (SADC). Those entities must consider the limitations imposed by local land use and Zoning Ordinances adopted pursuant to the Municipal Land Use Law[1] in connection with issues related to public health and safety.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 30-147 Groundwater remediation facilities.
The siting of a structure or equipment required for groundwater remedial action approved by the New Jersey Department of Environmental Protection pursuant to P.L. 1977, c. 74 (N.J.S.A. 58:10A-1 et seq.), is essential to the continuation of an existing structure or use of a use or to development of a property. As such, a groundwater remedial action, including the structures and equipment required for the remedial action, shall be an accessory use or structure, shall be a permitted use in all zoning districts, and shall not require a use variance. A zoning permit is required for groundwater remediation facilities. Should the Zoning Officer determine that a "c" or bulk variance is required, the Zoning Board or Planning Board shall hear the application and, if required, establish reasonable terms and conditions for issuance of the variance.
§ 30-148 Manufactured housing.
The Municipal Land Use Law (N.J.S.A. 40:55D-100 et seq.) requires that manufactured housing be subject to the same standards as similar uses, provided that the home is a minimum of 22 feet in width, installed on a permanent foundation and the same person owns the home and the lot on which the home is located.
§ 30-149 Schools.
Municipalities have the right to determine through zoning where schools will be permitted. However, once that decision is made, a school board is not required to conform with municipal site plan or design standards. Rather, the new school must comply with standards adopted by the State Board of Education. Where public schools are permitted by zoning, the Municipal Land Use Law[1] requires that private nonprofit schools also shall be permitted.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 30-150 Utilities and cable television.
A.
Public utilities are not exempt from local zoning and land use requirements. However, utilities have a special right of appeal to the state Board of Public Utilities who can override local zoning if it finds that the proposed use is necessary for the service, convenience or welfare of the public.
B.
Cable television companies are not exempt from local zoning and land use requirements. However, cable television companies have a special right of appeal to the Office of Cable Television.
§ 30-150.1 Wind and solar facilities permitted in industrial zones.
The Municipal Land Use Law (N.J.S.A. 40:55D-66.11) states that a renewable energy facility on a parcel or parcels of land comprising 20 or more contiguous acres that are owned by the same person or entity shall be a permitted use within every industrial district of a municipality. In regard to solar facilities in industrial zones, they are a conditional use only as roof-mounted accessory uses in conjunction with an industrial principal use except as otherwise permitted in N.J.S.A. 40:55D-66.11.
§ 30-150.2 Small wind energy systems.
A.
The purpose of this section is to: 1) facilitate the permitting of small wind energy systems; (2) preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system.
B.
Standards. A small wind energy system shall be a permitted use in all zones subject to the following requirements:
(1)
Setbacks. A wind tower for a small wind energy system shall be set back a distance equal to the City's building set back requirements. No portion of the wind generator shall extend beyond the setback line, nor into the following:
(2)
Access.
(a)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(3)
Lighting. A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(4)
Appearance, color, and finish. The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color of finish is approved in the zoning approval.
(5)
Signs. There shall be no signs that are visible from any public road posted on a small wind generator system or any associated building, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(6)
Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class 1 Renewable Energy Systems at N.J.A.C. 14:4-9.
(7)
Met towers. A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
C.
Permit requirements.
(1)
Permit. A zoning permit shall be required for the installation of a small wind energy system.
(2)
Documents: The zoning permit application shall be accompanied by a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing major structures on the property;
(c)
Location of the proposed small wind energy system tower;
(d)
The right-of-way of any public road that is contiguous with the property;
(e)
Any overhead utility lines;
(f)
Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
(3)
Fees. The application for a zoning permit for a small wind energy system must be accompanied by the fee required.
(4)
Expiration. A permit issued pursuant to this section shall expire if:
D.
Abandonment.
(1)
A small wind energy system that is out of service for a continuous eighteen-month period will be deemed to have been abandoned.
(2)
The Administrator may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(4)
If the owner provides information that demonstrates the small wind energy system has not been abandoned, the Administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(5)
If the Administrator determines that the small wind energy system has been abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within six months after the owner receives the notice of abandonment.
E.
Zoning permit procedure.
(1)
An owner shall submit an application to the Administrator for a zoning permit for a small wind energy system.
(3)
If the application is approved, the Administrator will return one signed copy of the application with the zoning permit and retain the other copy with the application.
(4)
If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrator's decision pursuant to the appropriate appeals authority. The applicant may reapply if the deficiencies specified by the Administrator are resolved.
§ 30-150.3 Solar, photovoltaic energy facility, and wind energy generating facility.
A.
Notwithstanding any law, ordinance, rule or regulation to the contrary, a solar or photovoltaic energy facility or structure constructed and operated on the site of any landfill or closed resource extraction operation shall be a permitted use.
B.
Notwithstanding any law, ordinance, rule or regulation to the contrary, a wind energy generation facility or structure constructed and operated on the site of any landfill or closed resource extraction operation shall be a permitted use.
§ 30-150.4 Electrical vehicle supply/service equipment.
A.
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.
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 Millville'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; and
(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.
(6)
An application pursuant to Subsection B(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.
(7)
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.
(8)
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.
C.
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 one-third 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 one-third 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 C(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 section, 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.
D.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces.
(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.
E.
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.[1] Signage indicating the penalties for violations shall comply with Subsection E(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.
(d)
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 E(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the City of Millville'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 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 E(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 EVSEs 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 Millville 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 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 E(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)
For publicly accessible municipal EVSE: In addition to any parking fees, a fee to use parking spaces within the municipality identified as EVSE spaces may be charged.
(b)
This fee may be amended by a resolution adopted by the governing body.
(c)
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.