Mount Laurel Township
City Zoning Code
City Zoning Code
ARTICLE XI
Supplemental Regulations
§ 154-68 Buffer strip requirements.
A.
Purpose. The purpose of a buffer strip is to insulate residential zones and residential uses in nonresidential zones from adjacent Business and Industrial Districts, from adjacent arterial and limited access streets, from adjacent cemeteries and funeral homes and from any adjacent other specified use as may be specified in this chapter.
[Amended 12-1-2003 by Ord. No. 2003-30]
B.
Width, nature and function of a buffer strip. A buffer strip shall consist of a strip of land 50 feet wide along the entire edge of a residential area. There shall be located within the 25 feet of said strip closest to the residential area natural or planted trees and shrubbery, the function of which is to conceal business, industrial, highway, cemetery, funeral home and other uses, which uses shall be concealed by a buffer strip so that they cannot be seen from any point within a residential district that is at ground level and within 1/2 mile or less of the district boundary or property line along which the buffer strip is located.
[Amended 4-19-1965 by Ord. No. 1965-3; 12-1-2003 by Ord. No. 2003-30]
C.
Types of planting in buffer strips. The types of trees and shrubbery used in a buffer strip may vary, but an applicant for a building permit in connection with which there must be provided a buffer strip shall, prior to the filing of the application for said building permit, file with the Building Inspector or Zoning Officer a plan for the buffer strip to be provided; the plan shall show the layout of all existing trees and shrubbery and the layout of all trees or shrubbery to be planted; the plan shall also show the size and type of all trees and shrubbery. Said applicant shall file such additional information as shall be requested. The planting shown on the buffer strip plan shall not be made until said plan has been approved. The buffer strip planting must be of types of trees and shrubbery that will grow high enough to perform their required function within a reasonable time and be effective throughout the year. In connection with this latter requirement, evergreen trees and shrubbery will be used as necessary. No buffer strip planting shall be required if the same will impede traffic safety.
[Amended 4-19-1965 by Ord. No. 1965-3]
D.
Responsibility for providing and maintaining a buffer strip and the location thereof. Responsibility for providing and maintaining a buffer strip and the location thereof shall be as follows:
(1)
Where a business, industrial or nonresidential use or zone is adjacent to residentially zoned land or a residential use, it will be the responsibility of the owner of the business, industrial or nonresidential use to provide space for and to plant a buffer strip.
[Amended 12-1-2003 by Ord. No. 2003-30]
(2)
Where an arterial or limited access street is adjacent to residential use, it will be the responsibility of the residential owner or subdivider to provide space for and to plant a buffer strip. The buffer strip space shall be provided by providing larger lots than the minimum otherwise required in this chapter in such a manner that the additional lot areas will form a buffer strip adjacent to the arterial or limited access street.
(3)
A buffer strip shall consist of additional yard space over and above that otherwise required in this chapter and shall be maintained by the owner of the yard.
(4)
If a park or drainage right-of-way is located along the alignment of a required buffer strip, the park or drainage right-of-way area may be utilized in providing the buffer strip area; the person responsible for providing a buffer strip may be made responsible, however, for planting and maintaining trees and shrubbery of such a buffer strip, even though part or all of the buffer strip is in a park or a drainage right-of-way.
(5)
If the applicant is proposing multifamily housing of any kind and there are, or the applicant is proposing to construct, ponds, lakes or watercourses, whether natural or man-made, on or adjacent to the site, there shall be a fifty-foot buffer between the top of the bank around said pond, lake or watercourse and the nearest wall of any residential structure. Said fifty-foot buffer shall be subject to the provisions of Subsection C of this section of the Code of Ordinances of Mount Laurel Township.
[Added 8-15-1988 by Ord. No. 1988-34]
§ 154-69 Parking requirements; violations and penalties.
[Amended 12-7-1981 by Ord. No. 1981-26]
A.
Parking lot design.
[Added 12-1-2003 by Ord. No. 2003-30]
(1)
Parking stall dimensions. All parking spaces shall be 10 feet by 20 feet, and parking lot aisles shall be 25 feet wide.
(2)
Compact car spaces. An applicant may request that up to 40% of the parking spaces be reduced only in length to any dimension between 15 and 20 feet. Each parking row shall contain stalls of the same dimension. The width of stalls shall be not less than 10 feet wide. All compact parking rows shall be signed to read "compact cars only."
(3)
Car overhangs. Where parking stalls are directly adjacent to open space, eighteen-foot-long stalls may be constructed and such stalls will be counted as 20 feet due to the two-foot car overhang into the open space area. Where parked vehicles overhang a sidewalk, the sidewalk shall be six feet wide. In all parking lot designs light fixtures shall be located five feet behind the curb. Sidewalks in front of shopping center buildings shall be designed according to pedestrian volumes and use.
B.
Automobile parking spaces. The following number of off-street parking spaces shall be provided as set forth below. The approving body, at its discretion, may require more parking spaces than those listed below. The Planning Board may also allow some parking spaces to be unimproved initially, provided that the physical space is shown on the plans where the unimproved parking spaces could be constructed at a future date if the need arises as determined by the Planning Board.
Land Use | Minimum Number of Off-Street Parking Spaces Required | |
|---|---|---|
All dwellings | 2 per unit located on the lot or in private parking bays | |
Hotels, motels, inns and rooming and boarding houses* [Amended 7-2-1990 by Ord. No. 1990-24; 12-1-2003 by Ord. No. 2003-30] | 1 for each rental room, plus 1 for every employee on the largest shift. If a public restaurant is provided, and 1 space for each 2 seats | |
Restaurants, eating establishments, drinking establishments or other similar establishments* [Amended 7-2-1990 by Ord. No. 1990-24; 12-1-2003 by Ord. No. 2003-30] | 1 for every 2 seats, plus 1 for every employee on the largest shift | |
Coliseums, auditoriums, convention halls, churches, lodges and theaters with permanent seats* [Amended 7-2-1990 by Ord. No. 1990-24] | 1 for every 3 permanent seats, plus 1 for every employee | |
Exhibition halls, convention halls, ballrooms, coliseums, auditoriums and theaters with temporary seats* [Added 7-2-1990 by Ord. No. 1990-24] | 1 for every temporary seat | |
Retail store | 1 for each 200 square feet of floor area, exclusive of basement area if not used for sale or display of merchandise, with a minimum of 3 | |
Offices, office buildings, other similar estab- ishment, including professional office and home occupation in a residential building [Amended 12-1-2003 by Ord. No. 2003-30] | 1 for each 200 square feet of floor area or 1 for each 150 square feet when there is an open floor plan | |
Professional and medical offices, dental offices, clinics and rehab centers [Amended 12-1-2003 by Ord. No. 2003-30] | 1 for each 200 square feet of floor area, plus 1 for every 2 employees and 1 per doctor | |
Animal hospitals and clinics [Added 12-1-2003 by Ord. No. 2003-30] | 1 per doctor, 1 per employee, 1 per every 3 seats | |
Recreational centers, clubs and health and fitness center [Added 12-1-2003 by Ord. No. 2003-30; amended 2-23-2015 by Ord. No. 2015-1] | 1 per 200 square feet of gross floor area, plus 1 for every employee | |
Building and construction contractor equipment storage buildings [Added 12-1-2003 by Ord. No. 2003-30] | 1 per 1,000 square feet of gross floor area | |
Car washes, automatic [Added 12-1-2003 by Ord. No. 2003-30] | 10 stacking spaces per wash lane, plus 1 space per employee | |
Car washes, self-service [Added 12-1-2003 by Ord. No. 2003-30] | 3 stacking spaces per wash lane, plus 1 space per employee | |
Catering facilities [Added 12-1-2003 by Ord. No. 2003-30] | 1 per 150 square feet of gross floor area | |
Country clubs and golf courses [Added 12-1-2003 by Ord. No. 2003-30] | 10 per tee, plus spaces for other uses | |
Convenience stores [Added 12-1-2003 by Ord. No. 2003-30] | 1 per 100 square feet of gross floor area | |
Wholesale establishments [Added 12-1-2003 by Ord. No. 2003-30] | 1 for each 1,000 square feet of floor area, exclusive of basement areas not used for the sale or display of merchandise or manufacturing | |
Golf driving ranges [Added 12-1-2003 by Ord. No. 2003-30] | 2 per tee, plus required spaces for other uses | |
Miniature golf [Added 12-1-2003 by Ord. No. 2003-30] | 2 per hole, plus required spaces for other uses | |
Mixed uses [Added 12-1-2003 by Ord. No. 2003-30] | The total requirement shall be the sum of the component uses computed separately | |
Moving and storage facilities [Added 12-1-2003 by Ord. No. 2003-30] | 1 per 1,000 square feet of gross floor area | |
Postal, parcel, mailing, shipping and delivery services [Added 12-1-2003 by Ord. No. 2003-30] | 1 per 200 square feet of gross floor area | |
Printing and duplicating facilities, studios for dancing, music, art, etc. [Added 12-1-2003 by Ord. No. 2003-30] | 1 per 200 square feet of gross floor area | |
Business and vocational schools, colleges [Added 12-1-2003 by Ord. No. 2003-30] | 1 space per student at peak use, plus 1 per teacher/professor/ administrator and staff | |
Shopping centers [Added 12-1-2003 by Ord. No. 2003-30] | 1 per 200 square feet of gross floor area | |
Hospitals, nursing homes or institutions for the ill or aged | 1 for every 3 beds | |
Bowling alleys | 3 for each alley | |
Industrial establishments, research laboratories and warehouses | 1 for each 2 persons customarily employed at peak employment on the major shift, plus 1 for 3 persons customarily employed at peak employment on the largest adjacent shift if the employees of the 2 shifts are required to be present simultaneously while shifts are changing; or not less than 1 for each 300 square feet of aggregate floor area of buildings if employment data is unknown | |
Schools and child-care cen- ters | 1 for every 600 square feet of floor area, plus adequate storage space for pickup and delivery. 1 space for each employee shall be provided. | |
Funeral homes | 1 for each 3 seats devoted to assembly-room purposes, but in no case less than 50 | |
Motor vehicle service sta- tion or repair garage | 2, either within or without the structure, for each 200 square feet of floor or ground area devoted to repair or service facilities, plus 1 for each employee. In no case shall the spaces for permitted motor vehicle storage in conjunction with a service station be less than 5. | |
Helistop, single-user [Added 5-4-1998 by Ord. No. 1998-1] | 2 | |
Helistop, multiple-user [Added 5-4-1998 by Ord. No. 1998-1] | 5 | |
Buildings or uses other than those specified above [Amended 12-1-2003 by Ord. No. 2003-30] | At least 1 for each 1,000 square feet of gross floor area or lot area, whichever is larger, except when otherwise authorized as a special exception consistent with the principles set forth herein for comparable buildings. | |
Employee parking [Amended 7-2-1990 by Ord. No. 1990-24; 12-1-2003 by Ord. No. 2003-30; 3-1-2004 by Ord. No. 2004-4] | For every use for which there are regular employees, 1 for every 2 employees on the largest shift, in addition to the above parking requirements, unless otherwise specified above except that this provision shall not apply to the category Offices, Office Buildings, but shall apply to the category Professional-Medical Offices. | |
Brewpub [Added 2-28-2022 by Ord. No. 2022-9] | 1 space per 1,000 square feet of gross floor area devoted to production or storage space, plus all off-street parking required of the restaurant use | |
Winemaking, instructional facility [Added 2-28-2022 by Ord. No. 2022-9] | 1 space per 500 square feet of gross floor area for instructional or classroom space, plus 1 space per 2,000 square feet of any storage area | |
Micro brewery, craft distillery, winery [Added 2-28-2022 by Ord. No. 2022-9] | 1 space per 1,000 square feet of gross floor area devoted to production or storage space, plus 1 space per 150 square feet of gross floor area in any sales room or tasting room area | |
Sales room, micro brewery, craft distillery, or winery [Added 2-28-2022 by Ord. No. 2022-9] | 1 space per 150 square feet of gross floor area | |
*NOTE: However, in every case there shall be not less than one space for every two people permitted by the Building and Fire Code. | ||
C.
Truck berths.
(1)
In addition to the parking lot requirements in the preceding section, truck berths for loading and unloading of goods and materials shall be provided.
(2)
All retail buildings greater than 10,000 square feet shall provide truck berths in accordance with the following:
[Amended 12-1-2003 by Ord. No. 2003-30]
Gross Floor Area and Outdoor Area Used (square feet) | Required Number of Truck Berths | |
|---|---|---|
From 10,000 to 19,999 | 1 | |
Greater than 20,000 and up to 40,000 | 2 | |
Greater than 40,000 and up to 100,000 | 3 | |
Each additional 60,000 | 1 additional |
(3)
Two or more establishments which are adjacent to each other may combine their gross floor areas and outdoor areas for the purpose of determining the minimum number of truck berths required when adjacent establishments utilize truck berths jointly.
(4) OUTDOOR AREA
As used in this subsection, the following terms shall have the meanings indicated:
Refers to outdoor areas in active use, such as outdoor manufacturing areas, outdoor storage areas and outdoor automobile sales lots. Such areas as yards and other unused open spaces are not intended to be included in the term "outdoor area" as used in this subsection.
(5)
The size of a truck berth shall be a minimum of 45 feet long and 12 feet wide.
(6)
Driveways, aisles, loading platforms and other areas required to make a truck berth usable shall not be included in the minimum area required for a truck berth itself.
(7)
A clear height shall be provided for each truck berth and for each truck accessway between public streets and a truck berth equal to a minimum of 14 feet.
D.
Design. Parking spaces shall be designed in accordance with those provisions of the Subdivision Ordinance dealing with parking lot design criteria.[1] For all nonresidential uses, provision shall be made for short-term truck parking and delivery such as Fed Ex, UPS, etc., where truck berths are not provided. Spaces shall be 12 feet by 20 feet.
[Added 2-7-1983 by Ord. No. 1983-3; amended 12-1-2003 by Ord. No. 2003-30]
E.
Accessible parking.
[Added 2-7-1983 by Ord. No. 1983-3; amended 12-1-2003 by Ord. No. 2003-30]
(1)
Two percent of the parking spaces that serve occupants in buildings of Use Group R-2, R-3, or R-4 that contain accessible dwelling units shall be accessible.
(a)
Where parking is provided within or beneath a building, accessible parking spaces shall also be provided within or beneath the building.
(b)
Where additional parking spaces or parking lot(s) are provided for visitors, the number of required accessible parking spaces shall comply with the table below.
(2)
Ten percent of the parking spaces provided for medical outpatient facilities shall be accessible, with the following exception: 20% of the parking spaces provided by medical facilities that specialize in the treatment of or services for persons with mobility impairment shall be accessible.
(3)
For all other use groups, accessible parking spaces shall comply with the table below. For every eight accessible parking spaces, or fraction thereof, at least one shall be a van-accessible parking space.
Total Parking Spaces | Required Accessible Parking Spaces | |
|---|---|---|
1-25 | 1 | |
26-50 | 2 | |
51-75 | 3 | |
76-100 | 4 | |
101-150 | 5 | |
151-200 | 6 | |
201-300 | 7 | |
301-400 | 8 | |
401-500 | 9 | |
501-1,000 | 2% of total | |
1,001 + | 20, plus 1 for each 100 over 1,000 |
(4)
Accessible parking spaces shall be the closest parking spaces on the shortest accessible route to an accessible building entrance. For buildings with multiple accessible entrances, accessible parking spaces shall be dispersed and shall be located near each of the accessible building entrances.
(5)
Where accessible parking spaces are provided in parking facilities that do not serve a particular building, accessible parking spaces shall be located on the shortest accessible route to an accessible entrance to the parking facility. In multilevel parking structures, van-accessible parking spaces may be clustered on one level.
(6)
Each accessible parking space shall be marked with an R7-8 sign from the Manual of Uniform Traffic Control Devices and shall display the international symbol of accessibility. Beneath the R7-8 sign, each accessible parking space shall also be marked with an R7-8P sign, as required by N.J.S.A. 39:4-198, containing the following language:
PENALTY | |
$100 FIRST OFFENSE | |
SUBSEQUENT OFFENSES | |
$100 MINIMUM AND/OR | |
UP TO 90 DAYS COMMUNITY SERVICE | |
TOW-AWAY ZONE |
(a)
The bottom of the R7-8 sign shall be mounted approximately 60 inches above the parking lot or sidewalk surface when the sign is parallel to the sidewalk and approximately 72 inches above the parking lot or sidewalk surface when the sign is perpendicular to the sidewalk.
(b)
The R7-8 sign shall be centered and mounted at the head of each parking space.
(7)
Each van-accessible space shall be marked with R7-8V sign.
(8)
Dimensional and construction standards shall be as set forth in CABOI/ANSI A1171, Section 4.6, Parking Spaces and Passenger Loading Zones.
F.
Fire lanes.
[Added 2-7-1983 by Ord. No. 1983-3]
(1)
Fire lanes shall be provided on all plans and specifications for the construction or remodeling of any public building where deemed necessary. On the site of existing public buildings where fire lanes are either inadequate or nonexistent and where same are deemed necessary in the opinion of the Township Fire Marshal, the property owner shall be required, upon notice, to provide, locate and designate appropriate fire lanes in accordance with provisions of this chapter.
(2)
Design. Each fire lane shall be constructed to a minimum width of 18 feet, 12 feet of which shall be paved, gravelled or constructed of an appropriate stable base with grass or sod topping. Construction of the fire lane can be combined with a pedestrian path if appropriately located and constructed. All fire lanes shall be visually designated either by their form or by the material used in their construction. In the event that a stable base with grass or sod topping is used in order to have the fire lane blend with the landscaping, its location shall be shown by appropriate shrubbery or other designation. When determining the type of construction which is appropriate for the fire lane, consideration shall be given to the aesthetics of the site.
(3)
Location. Fire lanes shall be located so as to serve the entire building from the building site; so as to provide the most direct means of access for all emergency vehicles; and to be sufficiently close to the building to provide the means to provide protection for the structure while being far enough removed so as to provide safety for the emergency vehicle using the fire lane in the event of the collapse of the building. However, the ultimate authority with respect to the determination for the location of the fire lanes shall lie with the Fire Marshal of the Township of Mount Laurel. The Fire Marshal shall make the aforesaid determination after reviewing recommendations of both the Township Engineer and Township Planner.
(4)
Fire lanes shall be appropriately posted with signs indicating the words "No Parking - Fire Zone" in red letters on a white background, with a red line bordering the perimeter of the sign, said sign to be 12 inches by 18 inches, made of metal with rust-resistant reflectorized coating and posted at the ends of each fire lane and at one-hundred-foot intervals therein. Fire areas shall also be designated by covering the face and top of the curb of the prohibited area with a solid yellow color of paint. The above criteria for the painting of fire areas is to be considered a minimum and additional painting may be placed on the site consisting of crosshatches, solid yellow areas or such other designations, in addition to the curb painting as may serve to act as a deterrent to parking in fire zones.
G.
Responsibility for erection and maintenance of handicapped parking and fire lanes signs.
[Added 2-7-1983 by Ord. No. 1983-3]
(1)
The owner of the site involved with the construction or remodeling shall be responsible for procuring, erecting and marking handicapped parking spaces and fire lanes.
(2)
All maintenance and repair of the signs and pavement markings, if any, remain the responsibility of the owner and any successor. The maintenance and repair shall be a continuing condition of any approval conferred with respect to the construction, remodeling or occupancy of the building or structure on the premises. Any failure to maintain or repair said signs or pavement markings shall be a basis for voiding the prior approval. Approvals shall be conditional under this subsection and shall include but not be limited to final site plan approval and certificates of occupancy. No such approval shall be held to be void unless a hearing by the issuing officer or agency has been held on notice to the owner of the premises.
H.
Enforcement.
[Added 2-7-1983 by Ord. No. 1983-3]
(1)
No unauthorized vehicles shall be allowed to park, stand or stop in any fire lane or handicapped parking space. For purposes of this section of this Code, the words "No Parking-Fire Zone" which are set forth on any properly posted sign within the Township of Mount Laurel shall be construed to mean that there is a prohibition against parking, stopping, standing or leaving a running vehicle unattended within a fire lane portion of a roadway or parking lot. Any violation of this provision shall be subject to a fine not to exceed $100 for each offense. "Unauthorized vehicle" shall be interpreted to mean a vehicle other than emergency vehicles, with respect to fire lane, and any vehicle which does not prominently display appropriate identification issued by the State of New Jersey, Division of Motor Vehicles, showing that a driver or occupant of the vehicle is a physically handicapped person, with respect to parking in handicapped spaces. It shall be prima facie evidence of guilt that said identification is not prominently displayed. Subsequent production of such identification shall go to mitigation only and not toward guilt or innocence with respect to the offense.
[Amended 5-5-1997 by Ord. No. 1997-11]
(2)
Municipal control of parking, stopping or standing in fire lanes or handicapped parking spaces is exclusive. No approval by the Director of the Division of Motor Vehicles shall be required, nor shall such circumstances be used or accepted as a defense.
(3)
For any vehicle in violation of this section and requiring towing, the cost of said towing will be paid for by the owner of said vehicle.
§ 154-70 Loading and unloading space.
Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered.
§ 154-71 Yard exceptions.
A.
Front yard exceptions. In R-1, R-2, R-3 Residence Districts and Business Districts, the front yards of a proposed building may be decreased in depth to the average alignment of existing buildings within 100 feet on each side of the proposed building and within the same block, if such alignment of existing buildings is less than the front yard requirement for the district.
B.
Yard exceptions for private garages and accessory buildings. A private garage or other accessory building which is not an integral structural part of a main building may be located in the required side or rear yard but not less than six feet from any property line, provided that such building is situated not less than 10 feet farther back from the street line than the rearmost portion of the main building. The provisions of this section shall not apply to a side yard or rear yard which abuts a street. Nothing in this section shall be construed to prohibit the erection of a common or joint garage which is not an integral structural part of a main building or adjoining lots.
§ 154-72 Vision obstruction.
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub, or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring the view.
§ 154-73 Temporary use or structure permit.
[Amended 4-24-2017 by Ord. No. 2017-6; 10-2-2023 by Ord. No. 2023-10]
A.
A permit for a temporary use or structure may be issued by the Township Council for any temporary structure or use, if it deems such structure or use to be beneficial to the general health, safety, or welfare of the community. A temporary use or structure permit issued by the Township Council shall be for a duration of no greater than 30 days.
B.
A temporary permit may be authorized by the Board of Adjustment or Planning Board, as may be appropriate, for a temporary nonconforming structure or use when it will be beneficial to the public health, safety, or general welfare, or which it deems necessary to promote the proper development of the community, provided that such temporary nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permit shall be issued for a specified period of time not exceeding one year and may be renewed annually, for an aggregate period of not more than three years, including the original authorization. Such permit shall be granted through the regular procedures set forth in Chapter 124, Site Plan Review, of this Code, for any structure that is intended to be in place for greater than 30 days. The review of an application for a temporary use or structure permit intended to be installed for greater than 30 days shall be treated as a minor site plan application or use variance application as applicable, subject to the submission requirements of same, and any temporary structures shall be subject to the area, bulk, and height requirements of the applicable zoning district in which they are located.
C.
A temporary permit may be authorized by the zoning and construction official, for a construction trailer, temporary sales office, or similar temporary structure that is necessary for the management of the construction, sales, or initial marketing of improvements related to any subdivision or site plan approval duly granted by the appropriate board, provided that the structure is only permitted to be located on-site for the duration of the construction, initial marketing, or sales period. The temporary structure must be removed from the site at the conclusion of construction, sales, or initial marketing of the development project, at no cost to the Township. Temporary construction trailers must be removed from the site within 30 days of the issuance of a certificate of occupancy. Temporary sales or marketing structures shall be permitted to remain on-site for a maximum of 90 days following the issuance of a certificate of occupancy.
§ 154-74 Nonconforming buildings and uses.
A.
Continuation. Any lawful use of a building or land existing at the effective date of this chapter may be continued although such use does not conform to provisions of this chapter.
B.
Extension.
[Repealed 10-20-1975 by Ord. No. 1975-9]
C.
Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.
D.
Restoration. A nonconforming use or building which is partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed, repaired and used for the same nonconforming use, provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
E.
Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
F.
Pervious and impervious areas. A single-family home proposing an addition that will exceed the maximum impervious surface shall require a variance therefor. The homeowner must mitigate the impact of the additional impervious surfaces unless the stormwater management plan for the development provided for these increases in impervious surfaces. The mitigation effort must address water quality, flooding and groundwater recharge as described in the residential site improvement standards.
[Added 5-21-2007 by Ord. No. 2007-6]
§ 154-75 Nonconforming lots.
A building may be erected on any lot held in single and separate ownership at the effective date of this chapter which is not of the required minimum area or width, when approved by the Board of Adjustment in accordance with § 154-78, provided that adequate sanitation provisions shall be made.
A.
Impervious surfaces. It is hereby required that construction upon a nonconforming lot must comply with all impervious surface requirements of the Township of Mount Laurel. The homeowner must mitigate the impact of the additional impervious surfaces unless the stormwater management plan for the development provided for these increases in impervious surfaces. This mitigation effort must address water quality, flooding, and groundwater recharge as described in the residential site improvement standards (RSIS).
[Added 5-21-2007 by Ord. No. 2007-6]
B.
Lots existing on September 1, 2008.
[Added 2-2-2009 by Ord. No. 2009-2]
(1)
Lot frontage. Such lots shall be considered conforming lots if such lot satisfies the following:
(2)
Lot suitability only in the R-3 Residence District.
(a)
Lots created under the prior lot suitability ordinance[1] and containing an existing dwelling shall be considered conforming lots if the lot satisfies the minimum lot area and the principal structure will satisfy all required yard areas.
(b)
Vacant lots created under the prior lot suitability ordinance and subject to the environmental restriction line shall be considered conforming lots for the initial course of construction if the lot area and minimum yard areas, including the rear yard located outside of the environmental restriction line, are satisfied. After the initial construction of the dwelling, such lots shall be considered conforming lots as specified in Subsection B(2)(a) above.
§ 154-76 Solar energy systems. [1]
[Added 9-25-2017 by Ord. No. 2017-17; amended 2-25-2019 by Ord. No. 2019-6]
B.
Roof-mounted solar energy systems within nonresidential districts shall comply with the following standards:
(1)
Roof-mounted solar energy systems shall be installed only on the principal building of the property.
(2)
A roof-mounted solar energy system shall be mounted parallel to the roof angle and shall not exceed a height of three feet above the edge of the roofline or above the highest point of the roof surface or structure.
(3)
A roof-mounted solar energy system that is to be mounted on a flat roof may be angled to achieve maximum sun exposure, but shall not exceed five feet above the roof.
(4)
In no instance shall any part of a roof-mounted solar energy system extend beyond the roof edge.
(5)
An external disconnect switch shall be provided, and the owner must file a map with the Township Fire and Police Departments clearly showing where the disconnect switch is located. The location of the external disconnect switch must be reviewed and approved by both the Township Fire and Police Departments prior to installation.
(6)
Roof-mounted solar energy systems shall not be visible from ground level and adjacent streets or rights-of-way.
(7)
Architectural renderings should be provided to illustrate anticipated visual impact from the proposed improvements.
(8)
All electric lines/utility wires shall be buried underground, as applicable and by applicable regulation and/or Code. All electric lines/utility wires leading down the side of the structure from rooftop installations shall be placed and tacked as aesthetically as possible.
(9)
The structural design of any solar energy system shall be signed and sealed by a professional engineer, licensed in the State of New Jersey, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey.
(10)
The primary purpose of a solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes for resale.
D.
Ground-mounted solar energy systems within nonresidential districts shall comply with § 154-21F and G as well as the following standards:
(1)
Ground-mounted solar arrays shall comply with the setback and buffer requirements of the underlying zone.
(2)
Section 154-21F(7) and (9) are not applicable.
(3)
Shall be screened from off-site views.
(4)
Solar panels shall not overhang drive aisles and circulation routes, however may be installed over parking spaces, provided a minimum of 14 feet of clearance is provided. Height warning signs shall also be installed.
(5)
Ground-mounted solar arrays shall be permitted within the front yard area in nonresidential districts when located on canopies above fuel pumps, or when located above a nonresidential parking lot. Such ground-mounted solar arrays stall meet any required setback for off-street parking. Such ground-mounted arrays located within a front yard area shall not be subject to the screening requirements of Subsection D(3) above.
[Added 10-2-2023 by Ord. No. 2023-10]
[1]
Editor's Note: Former § 154-76, Conversion of dwellings into two- or three-family uses, was repealed 3-15-1993 by Ord. No. 1993-5.
§ 154-77 Prohibited uses.
A.
Noxious or offensive uses.
(1)
No building may be erected, altered or used and no lot or premises may be used in a Residence or Business District for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise or which constitutes a public hazard whether by fire, explosion or otherwise in the immediately surrounding area. In an Industrial District, no use which shall create a noxious, offensive or hazardous condition beyond an Industrial District boundary line shall be permitted. In determining whether a proposed manufacturing use is noxious, hazardous or offensive, the following standards, in addition to those set forth in Article VII, shall apply. The proposed operation or use shall not:
(a)
Constitute a public nuisance by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust;
(b)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the district boundary line;
(c)
Endanger surrounding areas by reason of fire or explosion;
(d)
Produce objectionable heat or glare in neighboring nonindustrial areas;
(e)
Result in electrical disturbance in nearby residences;
(f)
Contribute to the pollution of waters; or
(g)
Create any other objectionable condition which will endanger public health or safety or be detrimental to the proper use of the surrounding area.
(2)
The applicant for a use which is subject to review by the Board of Adjustment shall demonstrate, as a condition of approval, that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined above and in Article VIII hereof. In order to determine that adequate safeguards are provided, the Zoning Administrative Officer or the Board of Adjustment may require that the applicant submit necessary information, plans, impartial, expert judgments and written assurances; obtain the expert advice of official agencies or of private experts or consultants; and make such reasonable tests as are deemed necessary.
B.
No lot or premises may be used for a trailer camp nor shall any trailer or trailer camp be permitted within any district.
C.
The excavation or removal of sand, gravel, topsoil or similar materials shall not be permitted for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.
D.
No tent shall be used for dwelling purposes in any district.
E.
No commercial migrant labor camp shall be permitted within any district.
F.
No building, lot, premises or any portion thereof shall be permitted to be used in any zoning district of the Township of Mount Laurel, by any person, persons, firm, partnership or corporation, in or for the business of dealing in secondhand or used motor vehicles as defined herein. For the purpose of this section, "secondhand or used motor vehicles" are defined as being motor vehicles which have not been acquired by a person, persons, firm, partnership or corporation in a trade-in transaction arriving from and out of a sale or disposition at retail of new motor vehicles in the Township.
[Amended 4-15-1968 by Ord. No. 1968-4]
G.
No commercial sanitary landfills shall be permitted in any district other than sanitary landfills operated by the Township of Mount Laurel or an agency thereof; however, nothing set forth in this subsection shall be deemed to prohibit any lawful land reclamation program, which program is herein defined as being a program of filling in premises or making foundational improvements so as to prepare the premises for a use permitted under the terms of this chapter in those cases where the topographical and geological or marginal characteristics of the land render it useless for permitted uses as designated in this chapter. Said lawful land reclamation program shall be permitted, provided that:
[Amended 8-18-1969 by Ord. No. 1969-13]
(1)
An application is made to the Zoning Board of Adjustment for a permit prior to the commencement of such lawful land reclamation program.
(2) GARBAGE REFUSE RUBBISH
All fill to be used in a lawful land reclamation program shall be approved by the Zoning Board of Adjustment and shall not include garbage, refuse, animal, vegetable or other putrescible matter or rubbish as hereinafter defined or any fill or method of fill found by the Board to be detrimental to public health, safety or welfare or to create drainage problems. The words "garbage," "refuse" and "rubbish," as they appear in this chapter, are hereby defined as follows:
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
All putrescible and nonputrescible solid wastes, including body wastes, dead animals and automobiles, solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cardboard, tin cans, glass, bedding, trash and similar materials.
(3)
The Zoning Board of Adjustment shall determine and, where necessary, impose conditions to ensure that the fill and method thereof will not create harbors for rodents, will not cause dust or other annoyance or injury to adjoining properties, will be conducted with regard for public safety, will be commenced and thereafter diligently carried to a conclusion in a reasonable time, will be conducted in such a manner and on such days and between such hours as not to cause annoyance to others and will be stabilized by seeding or other means upon completion.
H.
I.
A use that is not specifically listed in a zoning district is prohibited.
[Added 12-1-2003 by Ord. No. 2003-30]
J.
All permanently installed basketball poles, backboards and nets shall be prohibited from being located in any street right-of-way.
[Added 12-1-2003 by Ord. No. 2003-34]
K.
Amusement facilities.
[Added 12-15-2003 by Ord. No. 2003-20]
L.
Laser light shows and displays.
[Added 12-15-2003 by Ord. No. 2003-20]
M.
Fireworks shows and displays.
[Added 12-15-2003 by Ord. No. 2003-20]
O.
Unless otherwise expressly permitted or authorized, no lot shall be used for more than one principal use.
[Added 10-2-2023 by Ord. No. 2023-10]
§ 154-78 Standards for review of proposed exception or variance.
[Amended 3-15-1993 by Ord. No. 1993-5]
In any instance where either the Board of Adjustment or the Planning Board is required to consider an application for either a conditional use or a variance from the requirements of this chapter, or from the Zoning Map enacted under the Municipal Land Use Law,[1] the Planning Board and/or Board of Adjustment shall, among other things:
A.
Assure itself that the proposed change is consistent with the spirit, purpose and intent of the Zoning Ordinance.
B.
Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.
C.
Determine that the proposed change will serve the best interests of the Township, the convenience of the community (where applicable) and the public welfare.
D.
Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and public schools.
E.
Be guided in its study, review and recommendation by sound standards of subdivision practice, where applicable.
F.
Impose such conditions, in addition to those required, as are necessary to assure that the intent of the Zoning Ordinance is complied with, which conditions may include but are not limited to harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements, adequate standards of parking and sanitation.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 154-79 (Reserved) [1]
[1]
Editor's Note: Former § 154-79, Building and improvement coverage, added 12-17-1973 by Ord. No. 1973-15, was repealed 10-2-2023 by Ord. No. 2023-10.
§ 154-80 Drive-in and/or drive-through restaurant facilities.
[Added 12-7-1981 by Ord. No. 1981-27]
A. RESTAURANT DRIVE-IN AND DRIVE-THROUGH OR TAKEOUT RESTAURANTS CONVENIENCE STORES
The following words shall have the following meanings:
An establishment where refreshments or meals may be obtained by the public for consumption on the premises within the building housing the restaurant and at the tables provided for the public by the owners or management of the establishments.
Establishments where patrons are served or can obtain refreshments or meals for principal consumption outside the confines of the principal building or in automobiles parked upon the premises regardless of whether or not in addition thereto seats or other accommodations are provided for patrons.
Stores commonly known as 7-11, Wawa, Cumberland Farms, etc.
B.
Drive-in restaurants and drive-through and takeout restaurants as well as drive-in and drive-through facilities connected with restaurants and convenience stores are permitted in the Major Commercial, Neighborhood Commercial, Business and Industrial Districts.
§ 154-80.1 Mobile food facilities.
[Added 4-22-2019 by Ord. No. 2019-15]
A.
Mobile food facilities shall be permitted as an accessory use in all nonresidential zones.
B.
Mobile food facilities shall require zoning approval. Failure to provide such information as indicated below shall result in a denial of zoning approval.
D.
The following additional design standards shall apply to mobile food facilities:
(1)
The proposed lot must have an existing active principal use.
(2)
The requirements for mobile food facilities operation area is as follows:
(a)
Space must be a minimum of 20 feet by 40 feet.
(b)
Minimum setback from the right-of-way shall be three feet.
(c)
Minimum setback from property lines shall be 15 feet or 50 feet if adjoining lot is residential.
(d)
An area cannot encroach upon the required minimum parking for the principal use on the lot.
(e)
Shall not be within 50 feet of any fire hydrants or Fire Department connections.
(f)
Shall not interfere with the safe flow of traffic or pedestrian movement.
(g)
Shall not interfere with accessible routes or accessible parking areas.
(h)
Shall not place any signage outside the approved area of operation.
E.
The following items shall be submitted on the plan for review and approval:
(1)
A survey or plot plan showing all information necessary to accurately depict existing conditions, the proposed location of the mobile food facility area of operation, and how the proposed use will function on the site. Information shall include, but not be limited to, the following:
(a)
The location of all existing and proposed structures, including buildings and utility poles;
(b)
Surrounding driveways, sidewalks, ADA facilities, and parking areas, including number of parking spaces;
(c)
Details of pedestrian and vehicular circulation;
(d)
Proposed storage location for mobile food facility;
(e)
Surrounding uses and natural features;
(f)
Provisions for or access to sanitary facilities for merchants and employees.
(2)
Plan for managing trash and litter generated during operations and removal of same at the close of business daily.
(3)
Signage plan.
(4)
Lighting details, including existing and proposed.
(5)
Details of ancillary activities, including but not limited to seating and tables, where space permits outside of the public right-of-way.
(6)
Any other information deemed necessary for approval.
(7)
Details of food preparation, including but not limited to:
(a)
Food preparation details.
(b)
Anticipated food menu.
(c)
Floor plan of mobile food facility illustrating equipment location.
(d)
Specification sheets for all proposed equipment.
(e)
Colored rendering of mobile vendor vehicle wrap.
(f)
Review and approval from the Burlington County Department of Public Health.
(g)
Review and approval and an inspection from the Mount Laurel Fire Department.
F.
Except as otherwise provided by specific exception in this chapter, persons subject to this chapter, including persons claiming an exemption from the requirement of the municipal licensing, shall not:
(1)
Station, place, set up or maintain wares adjacent to any sidewalk if to do so would place him closer than 200 feet to another vendor who is selling adjacent to the sidewalk, or in the public right-of-way.
(2)
Station, place, set up or maintain its wares or equipment in such a way as would restrict, obstruct, interfere with or impede the pedestrian's right-of-way; restrict, obstruct, interfere with the use or enjoyment from the abutting property; create or become a nuisance; increase traffic congestion, cause or increase traffic delay or hazards; cause or create or constitute a danger to life, health, or property; sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which must be attached to his cart or vehicle which shall be clearly marked and maintained for his patronage use, nor shall any mobile food facility leave any location without first picking up, removing and disposing of any trash or refuse remaining from sales made by him.
(3)
Station, place, set up or maintain its wares closer than 50 feet from the curbline or end of pavement of intersecting streets.
(4)
Place its wares in such way as would reduce the unobstructed pedestrian right-of-way on a sidewalk to less than six feet.
(5)
Engage in business within 25 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
(6)
Engage in business on any sidewalk or along any street within 50 feet of any fire hydrant, or within 25 feet of any crosswalk, bus stop, or a driveway.
(7)
Place its wares in front of the display windows or signs of fixed-location businesses, nor shall they be within 20 feet from the entrance door to a fixed-location business.
(8)
Operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles or pedestrians.
(9)
Solicit, conduct business with or sell to persons in motor vehicles.
(10)
Leave its wares unattended at any time or store, place or leave the same overnight on any sidewalk or public way of the Township.
(11)
Engage in business within 200 feet of the grounds of any church, synagogue or other house of worship while same is in session.
(12)
Use or operate any loudspeaker, public address system, sound amplifier, horn, bell, radio, record player, tape player, CD player, musical instrument or any similar device used to attract attention, entertain the public. The operator of the mobile food facility may listen to music within the truck as long as the sound level is contained within the mobile food facility.
(13)
Sell from any one site or area for a period of more than four hours, including time for setup and breakdown of a mobile food facility. After four hours, the mobile food facility must move to a new location at least 300 feet away from where he was doing business or cease doing business. No vendor may return to the same location in any calendar day. No vendor shall place any object, sign, or person nor take any action designed to reserve a location for their use. Any such object may be removed and kept as evidence of a violation by any person, who shall promptly surrender it to the police.
(14)
Place its wares other than on a mobile food facility, whether it be a cart, single table no larger than 96 inches long by 48 inches wide by 72 inches high or display unit similar to a table which shall occupy a space no larger than 32 square feet.
(15)
Engage in business within 300 feet of any fixed place of business selling substantially similar merchandise; a food vendor shall not operate within 300 feet of a restaurant.
G.
Appearance and maintenance of mobile food facilities.
(1)
All mobile food facilities shall be properly maintained to the same standards as any licensed cooking facility, including proper refrigeration, and food safety regulations.
(2)
Mobile food vehicles must be operated and properly maintained in accordance with all applicable motor vehicle and transportation codes.
H.
Lighting. To the greatest extent feasible, mobile food facilities shall utilize existing surrounding light to avoid creating additional lighting and glare conditions onto adjacent properties. Additional lighting may be permitted where needed, which shall be adequately shielded to eliminate light spillage onto adjacent streets, travelways, properties and uses. The Township Engineer and Construction Official must each agree to this provision considering items such as, but not limited to, spillage, wiring, power sources and general safety.
I.
Trash. One trash receptacle is required for each mobile food vendor, and all solid waste shall be disposed of and removed on a daily basis.
J.
Signage. No identification signage beyond vehicular signage shall be permitted. No mobile food facility shall display more than two exterior informational signs not to exceed two square feet each;
(1)
Any display or offer of sale within the public right-of-way or no more than two feet from the mobile food facility is prohibited;
(2)
All signage must be in accordance with code provisions that regulate signage within the Township and not be placed in right-of-way;
(3)
All vehicular signs shall be in accordance with state motor vehicle standards.
§ 154-80.2 Requirements for residential short-term rental properties.
[Added 2-28-2022 by Ord. No. 2022-5]
A.
Registration and fees.
(1)
All properties to be used as residential short-term rentals shall register with the Township of Mount Laurel and obtain a permit from the Department/Division of Housing prior to advertising or leasing the property as a short-term rental.
(2)
No property shall be utilized or operated as a residential short-term rental property without first obtaining a permit from the Department/Division of Housing.
(3)
Applications for residential short-term rental permits shall be available in the office of the Township Clerk.
(4)
Any property to be used as a residential short-term rental property shall also seek and obtain a rental certificate of occupancy from the Township of Mount Laurel in addition to a short-term rental permit.
(5)
No short-term rental permit shall be issued to any property that has not been granted a rental certificate of occupancy.
(6)
A short- term rental registration fee of $250 shall be paid upon initial registration.
(7)
All short-term rental properties shall have a responsible party identified on the registration form that shall be the primary contact person for any matter related to the short-term rental of a property.
(8)
Once issued, a short-term rental permit shall be valid for one year from the date of issuance.
(9)
A previously permitted short-term rental property may extend the duration of the permit by an additional year by paying an annual renewal fee of $100, which shall be due no later than one year after the date the initial permit is issued, and with the property receiving a new certificate of occupancy as a rental unit.
(10)
A short-term rental permit shall be considered void and expired upon any sale or transfer of title of a property for which a permit had previously been granted. A new owner of a property that had previously been issued a short-term rental permit must submit a new application for a new permit if the property is to be continually used as a short-term rental after a sale or transfer of title.
(11)
All short-term rentals shall be subject to the Township hotel and motel occupancy tax as per Chapter 139 of the Township Code.
(12)
Once a complete application for a residential short-term rental permit has been submitted, the Department/Division of Housing shall have 10 business days to either issue a permit or deny the issuance of a permit. If a permit is denied, the reasons for denial of a permit shall be stated in writing.
(13)
If denied, an applicant for a residential short-term rental permit shall have up to 10 business days to appeal a denial. Any appeal of a denial of a permit shall be made in writing to the Department/Division of Housing, stating the grounds for the appeal.
(14)
Within 30 days of the receipt of any such appeal, the Township Manager or their designee shall hear and adjudicate the appeal.
B.
Short-term rental use restrictions and operational requirements.
(1)
Short-term rentals shall be permitted as an accessory use to permitted principal residential uses in all zoning districts of the Township.
(2)
All properties to be used as a short-term rental shall otherwise be occupied and maintained by the owner as their primary place of residence.
(3)
Short-term rentals of residential properties shall be limited to a maximum cumulative total of 100 days in a calendar year in which they may be leased.
(4)
A dwelling unit shall be limited to a single short-term rental contract at any one time.
(5)
Any property to be used as a short-term rental residential property that is not otherwise owner-occupied or will be used as a short-term rental property for more than 100 days in a calendar year shall be considered to be a hotel or motel, and subject to all zoning and other regulations of the Township for hotels and motels.
(6)
No short-term rental of a residential property shall be permitted within any dormitory, assisted living facility, community residence, convalescent home, adult day care, community shelters for victims of domestic violence, transitional housing facility, or residence for the developmentally disabled.
(7)
The advertisement and contract for any short-term rental property shall indicate the number of off-street parking spaces that are available for use by tenants.
(8)
At all times during the duration of a contract rental of a residential short-term rental property, either the owner or the identified responsible party shall be available for the purpose of responding to any complaints regarding the condition of the property or any nuisance complaints from the Mount Laurel Township Police Department regarding the conduct of any occupants of the short-term rental property.
(9)
The owner or identified responsible party of any residential short-term rental property shall maintain an up-to-date log of all lessees and occupants of a short-term rental property. Said log shall be available for inspection by Township staff or the Mount Laurel Township Police Department upon request.
(10)
If at any time during the duration of a contract rental of a residential short-term rental the owner or the identified responsible party cannot be reached within two hours to respond to a complaint, this shall be considered to be a violation of this section.
(11)
If any short-term rental property is the subject of three or more violations or substantiated nuisance complaints, the Township may revoke the short-term rental permit, and the property will not be eligible to apply for another permit for at least two years following the revocation of the short-term rental permit.
§ 154-80.3 Micro brewery, craft distillery, or winery.
[Added 2-28-2022 by Ord. No. 2022-9]
A.
A tasting room and/or salesroom for sampling and purchasing of beverages produced on the premises may be permitted as an accessory use.
B.
An instructional facility may be permitted as an accessory use to a winery.
C.
A micro brewery, craft distillery, or winery may include outdoor seating on the premises provided that the seating area is enclosed by fencing, landscaping, or gates at least 36 inches in height, and does not interfere with any necessary pedestrian or vehicular circulation.
D.
The hours of operation where sales of alcoholic beverages for consumption on the premises is permitted shall be limited to those hours set forth in § 61-10 of the Township Code.
E.
No operation of a kitchen or restaurant on the premises shall be permitted, and no prepared food shall be sold on the premises. Finger food snacks may be offered on the premises without charge.
F.
Live entertainment is permitted inside the facility during all hours of operation. Outdoor entertainment on the premises shall be limited to the hours of between 12:00 noon to 12:00 midnight.
G.
All storage of waste materials, garbage, and recyclable materials shall be in enclosed containers, and stored inside the primary building, or within a separately enclosed structure that will completely confine any odors.
§ 154-80.4 Sales room, micro brewery, craft distillery, or winery.
[Added 2-28-2022 by Ord. No. 2022-9]
A.
A sales room for a micro brewery, craft distillery, or winery may include outdoor seating on the premises provided that the seating area is enclosed by fencing, landscaping, or gates at least 36 inches in height, and does not interfere with any necessary pedestrian or vehicular circulation.
B.
The hours of operation where sales of alcoholic beverages for consumption on the premises is permitted shall be in accordance with § 61-10 of the Township Code.
C.
No operation of a kitchen or restaurant on the premises shall be permitted, and no prepared food shall be sold on the premises. Finger food snacks may be offered on the premises without charge.
D.
Live entertainment is permitted inside the facility during all hours of operation. Outdoor entertainment shall be limited to between the hours of 12:00 noon to 12:00 midnight.
§ 154-80.5 Electric vehicle charging stations.
[Added 2-28-2022 by Ord. No. 2022-9]
A.
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 A(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.
B.
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.
C.
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. [Note: The use of time limits is optional and shall be determined by the owner.]
(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 NJSA 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 subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection C(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.
(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 C(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Mount Laurel Township'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 setback 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 C(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, Mount Laurel Township 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 C(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: The Township of Mount Laurel will award EVT station by bid, state contract, or co-op and fee will be set by awarding company. Fee is to be in accordance with bid, state contract, or co-op.
(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.