New Providence City Zoning Code
ARTICLE IV
Zoning
§ 310-11 Schedules.
The Schedules of Area, Yard, and Building Requirements are contained in sections associated with each zone as well as in the corresponding schedules (Schedules II and III) attached to this chapter. Should inconsistencies exist between the sections and the corresponding schedules, the section with the most recent revision date shall govern.
§ 310-12 Applicability of regulations.
Except as otherwise provided in this chapter:
A.
No structure shall be erected, and no existing structure shall be moved, altered, added to or enlarged, nor shall any land or structure be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted in the district in which such structure or land is located.
B.
No structure shall be erected, reconstructed, or structurally altered to exceed in height the limit designated for the district in which such structure is located.
C.
No structure shall be erected, altered, enlarged, or rebuilt, nor shall any open space surrounding any structure, including areas above existing roofs, be encroached upon, or reduced in any manner, except in conformity to the yard, lot area, and structure location regulations designated for the district in which such structure or open space is located.
D.
No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and/or setback requirements, parking or other similar requirements for any nonresidential use in a nonresidential zone.
E.
All physical improvements, including but not limited to off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities, shall be provided in accordance with Chapter 305, Subdivision of Land and Site Plan Review.
F.
Special standards applicable to development of the A1, A2, A3, A4 Districts and the AHO, AH-ARO, and PACO Overlay Zones are only set forth in the Chapter 305, Subdivision of Land and Site Plan Review, to expedite the production of lower-income housing. These standards are deemed to be the minimum necessary for public health, safety and welfare and remove standards which may be desirable to achieve but which may also be cost-generating to a developer of lower-income housing and thereby inhibit its production. Any provision of this chapter or any other ordinance which is in conflict with the affordable housing standards of Chapter 305, Subdivision of Land and Site Plan Review, and which imposes restrictions or limitations not required for health and safety, shall be inapplicable to the A1, A2, A3, A4 Districts and the AHO, AH-ARO, and PACO Overlay Zones.
§ 310-13 Permitted, conditional, and accessory uses; cannabis.
A.
Any use not designated as a permitted principal use, accessory use or conditional use is specifically prohibited from any district in the Borough. Permitted uses are as indicated in Schedule I: Permitted Uses.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
B.
All principal permitted uses, permitted accessory uses, and conditional uses permitted herein shall be in conformance with the performance controls set forth in applicable state and Borough ordinances, statutes, rules, and regulations.
C.
Only in mixed-use buildings, or commercial developments that consist of multiple related buildings pursuant to § 310-14B, may more than one principal use be permitted on a single lot.
§ 310-14 Buildings and structures.
A.
Location of structures.
(1)
No building or structure shall be erected in the bed of any approved street or public drainage way, flood control basin or public area reserved on the Zoning Map.
(2)
No building or structure shall be erected unless the lot abuts an approved street giving access to such proposed building or structure.
B.
Number of buildings/structures on a lot. There shall be a maximum of one principal structure and two accessory structures, including a detached private garage. In any zoning district that permits multifamily or commercial development, related compatible buildings under one management may be erected, used, or occupied in accordance with all pertinent standards of this chapter.
C.
Enhanced setbacks. All structures (exclusive of single- and two-family dwellings, driveways, parking lots and detention basins), shall have the following enhanced setback requirements when abutting an R1, R2, R2A, R3, or R3A Zone:
§ 310-15 Accessory structures and uses.
A.
General requirements.
(1)
No accessory structure may be built upon any lot on which there is no principal building or structure.
(2)
No accessory structure(s) shall be located in a required front yard or in any area, such as the secondary front yard of a corner lot, where front yard setbacks apply.
(3)
On through lots, no accessory structure erected in the rear yard shall be nearer to the "rear" street line than the minimum front yard setback for the zone in which such lot is located.
(4)
Any accessory structure attached to the principal building shall be considered part of the principal building.
(5)
No accessory structure shall be constructed closer than 12 feet to any other structure on the same lot, excluding patios.
(6)
Accessory structures in residential zones shall not be located closer than six feet to any rear or side lot line.
B.
Requirements for specific accessory structures and uses.
(2)
Family day care homes.
(a)
Family day care homes are permitted accessory uses in all residential zones pursuant to N.J.S.A. 40:55D-66.5b, in accordance with the following requirements:
(b)
The requirements for family day care homes shall be the same as for single-family dwelling units located within such residential districts.
(3)
Solar energy systems are permitted accessory uses in all zones, pursuant to the standards of the solar energy systems regulations section of this chapter (§ 310-45).
(4)
Electric vehicle charging stations shall be permitted in all zones in accordance with the standards set forth in this chapter (§ 310-48).
(5)
ADA accessible ramps and lifts.
(a)
ADA accessible ramps and/or lifts are permitted accessory structures in all zoning districts and shall be permitted to encroach into the yard setback areas.
(b)
A zoning permit shall be obtained for any ADA accessible ramp or lift. The New Providence Department of Planning and Development shall have the authority to administratively authorize the installation of a handicap ramp/lift as long as it meets all of the following criteria:
(c)
Ramps/lifts shall run with the individual, not the land, and shall be removed if no longer necessary, and shall be removed within 90 days of the person with disabilities no longer residing at the premises.
(d)
Proof of the property owner's consent shall be required if the person applying for the ramp/lift is not the owner.
(e)
Ramp/lifts shall be exempt from impervious coverage calculations and stormwater management calculations.
(6)
Earth terminal antennas are permitted accessory uses in all zones and shall conform to the standards and conditions of Chapter 141.
(7)
Outdoor dining.
(a)
Outdoor dining shall be a permitted accessory use in any zone that permits eating and drinking establishments, including restaurants. Such accessory use shall be subject to this § 310-15B(7).
(b)
Purpose. The purpose of these standards is to permit daytime and early evening outdoor dining on private property and sidewalks adjacent to local eating and drinking establishments for the enjoyment of restaurant patrons without disturbing the immediate neighborhood or pedestrian traffic. It is intended to permit the tasteful, aesthetic use of tables and chairs on adjacent property and sidewalks of local food and eating establishments under the direction and approval of the New Providence Code Enforcement/Department of Planning and Development. It is the intention of the Borough of New Providence to monitor and review the use of these facilities to determine their full impact upon the Borough and the enjoyment of its citizens.
(c)
Permitted installations.
[1]
Temporary outdoor seating as an accessory use to eating or drinking establishments shall be permitted and shall not be included in a restaurant's seating or floor area when calculating on-site parking requirements. Outdoor furnishings are limited to tables, chairs, umbrellas, a menu pedestal, a reservation podium, and other such furnishings as required to conduct the operation as is conducted in the indoor establishment and shall be stored inside the restaurant after normal operating hours. Advertising or promotional features shall be limited to the name of the restaurant on the permitted outdoor furnishings.
(d)
Outdoor dining shall be subject to the following:
[1]
Outdoor seating shall not impede pedestrian flow by maintaining a minimum pathway of at least five feet that is free of obstacles at all times. A zoning permit and site meeting with the Borough's Code Enforcement Official is required prior to location within the right-of-way walkways to ensure that the required five-foot pedestrian path can be established. Once issued, the zoning permit may be retracted for up to one year by the Code Enforcement Official for failure to maintain the minimum five-foot pedestrian pathway.
[2]
It shall be assumed that an outdoor dining area is a privilege and not a right. The Borough Council or designee shall have the right to prohibit the operation of an outdoor dining area wholly or partially with the public right-of-way at any time because of anticipated or unanticipated problems or conflicts with the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, marches, or repairs to the street or sidewalk. To the extent that is possible, the permittee shall be given prior notice of any time period during which the operation of the outdoor dining area be prohibited.
[3]
Outside seating areas shall be defined by an enclosure of at least three feet in height measured from the ground or sidewalk level, where feasible. Waivers from this requirement based on limited width can be made during the permit phase. Enclosures shall be designed in compliance with ADA accessibility guidelines and shall provide safe pedestrian access to the public right-of-way and designated parking spaces. Such enclosure may consist of screens, planters, fencing or other similar materials. The barrier should denote separation of the pedestrian walkway as denoted above.
[4]
The outdoor dining area shall be designed to preserve circulation on the site and any affected Borough right-of-way while also protecting the safety of patrons and pedestrians.
[5]
The owner shall police the area to ensure that it is clean and free of litter and complies with applicable noise standards.
[6]
Outdoor lighting shall be permitted in order to provide safe pedestrian flow and passage. Small individual table lighting is encouraged. Where additional lighting is required, it shall conform to the lighting standards of the Borough of New Providence.
[7]
The hours for outdoor service shall be between 7:00 a.m. and 10:00 p.m. All tables, chairs and equipment shall be removed and placed securely indoors no later than 10:30 p.m.
[8]
No heating or cooking of food or open flames shall be allowed in outside seating areas.
[9]
The owner of an approved outdoor dining area which is located wholly or in partially within the Borough right-of-way shall indemnify and hold harmless the Borough of New Providence and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, arising out of the operation of the outdoor dining area. No such dining area shall be approved, or once approved, permitted to operate, unless the owner has on file with the Borough Clerk a current Certificate of Insurance which certifies that:
[a]
The owner's obligation to indemnify and hold harmless the Borough as provided herein is insured by an insurance carrier authorized to do business in the State of New Jersey.
[b]
The Borough of New Providence is named as an additional insured under this insurance with respect to claims, damages, losses, and expenses arising out of operation of the outdoor dining area.
[10]
Music for outdoor seating areas is not permitted.
§ 310-16 Lot regulations.
A.
Every lot shall include front, side, and rear yards having the areas and dimensions required within the zone in which such lot is located.
B.
No building or structure shall be erected unless the lot abuts an approved street giving access to such proposed building or structure.
C.
In the case of a through lot, the front lot line of such lot, for the purposes of this article, shall be considered that line upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the front lot line shall be the line upon which the primary entrance of the principal building faces, or will face when constructed.
D.
Corner lots:
(1)
On corner lots, the secondary front yard requirement shall be the same as the front yard requirement for buildings fronting on this side street. In the event that no buildings front on the side street, then the side yard shall be the same as the front yard requirement.
(2)
At all street intersections, no obstruction to vision, including fences and plant growth, exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines and 30 feet distant from their point of intersection.
§ 310-17 Yard regulations.
A.
No yard or other open space provided for any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a structure on any other lot.
B.
Projections into required yards. Minimum required yards shall be entirely free of buildings, structures (excluding parking) or parts thereof. Subject to the conditions hereinafter set forth, the following additions may be permitted to extend into required yards in residential districts:
(1)
Fireplaces.
(2)
Bay windows.
(3)
Replacement of existing front, side or back stoops.
(4)
Overhanging second floors under two feet in depth.
(5)
Window wells affording light and air to basement and cellar areas.
(6)
Expansion of an existing structure which is nonconforming as a result of the establishment of this chapter, and which did not result from a granting of a variance to this chapter. The proposed expansion may not extend further into required yards than the existing structure.
(7)
A roof with unenclosed sides over an entrance platform of a dwelling or portico may project up to five feet into the required front yard, provided that the roof over an entrance platform shall not extend beyond the platform and steps, nor shall the total area of the extension into the front yard exceed 25 square feet. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be such that the minimum front yard setback may be the average of the front yard setbacks of the dwellings located on the lots within 200 feet of the perimeter of the subject lot and located on the same side of the street as the subject lot, but in no event shall the minimum front yard setback be less than 10 feet.
(8)
Freestanding flagpoles, children's playground equipment, sandboxes, outdoor fireplaces, and yard clotheslines and posts, but they must be set back at least five feet from any property line. Except for freestanding flagpoles, such structures shall not be located in the front yard.
(9)
Residential heating and cooling units.
(10)
ADA accessible ramps and lifts, pursuant to the standards of this chapter.
C.
Said expansions pursuant to Subsection B(6) above must meet the following conditions:
(1)
The existing building conforms to the bulk requirements for the yard in question or, if the yard requirement is not met, meets all conditions below:
(a)
The maximum dimension of the proposed addition to the building extending into the yard, as measured parallel to the setback line of the yard in question, does not exceed 20% of the maximum dimension of the existing building as measured parallel to said setback line.
(b)
Except as provided in § 310-17B(4) and (7), extension of the building or structure shall in no case exceed four feet into the front or side yard or 10 feet into the rear yard.
(c)
Alteration of the building does not cause the violation of any other regulation contained in this chapter.
§ 310-18 Exceptions to height limits.
A.
Appurtenances attached to principal structures. Church spires, belfries, domes or antennas attached to buildings, penthouses (not for human occupancy), chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, and are not subject to height limitations, except that such features shall not exceed 20% of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which it is intended to serve.
B.
Freestanding non-commercial accessory structures. Water towers, radio and television antennas and flagpoles which are erected as freestanding structures may be erected to a height which can be demonstrated to the approving authority is necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission rules (47 CFR, Part 97), which govern the height of licensed amateur operator radio antennas. The height of the tower or antennae shall conform with U.S. Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (F.A.A.) notification and F.C.C. approval. All freestanding non-commercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.
§ 310-19 Fences and walls.
A.
Purpose. The purpose of this section is to establish requirements governing the construction, erection or installation of any fence or retaining wall located on or within any lot or parcel of land within the Borough of New Providence. The requirements set forth herein are designed to prevent the construction of such fences in such a manner as to constitute a nuisance, create a hazard for fire or rescue personnel, or restrict visibility through or across such lands at locations where such visibility is necessary for the safe operation of vehicles passing, entering or leaving the driveway, lot or parcel of land located on a public thoroughfare; and to otherwise provide for the health, safety and welfare of the residents of the Borough.
B.
Permits. A zoning permit shall be obtained for all fences, prior to the construction, erection, or installation of any fence. In considering applications for the erection of a fence, the Zoning Official shall require a copy of a survey showing the proposed location of the fence with respect to the existing property lines.
C.
Site plan reviews. Fences and retaining walls shall be permitted in all residential districts without the need for site plan review provided that the lot in question already has an existing principal structure. Fences in commercial and industrial districts shall require site plan review. Fences and retaining walls shall be considered as accessory to a principal permitted use and shall be permitted in accordance with the standards set forth below.
D.
General regulations for fences and walls.
(1)
No fence or retaining wall shall be constructed, erected, or placed within a required sight triangle.
(2)
No fence or retaining wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.
(3)
Fences shall be constructed in such a manner that the dressed or finished side of such fence, where applicable, shall face the adjacent property or the public right-of-way excluding railroad property, and all supports for said fence shall be on the interior of said fence and property. This provision shall not preclude the construction and maintenance of a shadowbox type fence, provided that the dressed side of the fence material shall face the adjacent property or public right-of-way and shall be of the same texture, material, and color.
(4)
All fences shall be maintained from the property on which they are located.
(5)
No fence or retaining wall shall be constructed with barbed wire, metal spikes, electrified conductors or other such dangerous material or constructed in such manner as to be dangerous to animals or humans.
(6)
Translucent, transparent or clear plastic or similar materials shall not be permitted.
(7)
Fences constructed of chain link, welded wire, or any flexible material, shall not be permitted in any front yard.
(8)
Chain link fences shall not have privacy strips installed with the exception of fencing surrounding wireless telecommunication tower equipment.
E.
Maximum height and location.
(1)
In determining fence height, the following shall apply:
(a)
For fences that are not uniform in height along the top of the fence, the height shall be measured to the highest point of the fence, except as provided otherwise below.
(b)
Notwithstanding the maximum height limitations applicable to fences, fence posts may exceed the maximum permitted fence height by up to one foot.
(c)
Fence height shall be measured from normal grade. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, excavating, or curbing which alters the grade at the base of the fence from the grade in the general vicinity of the fence.
(d)
For fences located on sloping ground, the height shall be measured from the grade directly below the point of measurement.
(2)
On corner lots, fences within the secondary front yard shall not exceed four feet in height and shall be at least 50% open.
(3)
In any front yard, no fence or wall shall be permitted above the height of three feet and shall be 50% open.
(4)
Fences located in side or rear yards shall not exceed six feet in height.
(5)
In no case shall a fence be located closer than 10 feet to a curbline or to the edge of a paved roadway and not in the public right-of-way.
(6)
In rear or side yards, the only fences permitted are: A fence of durable material and of workmanlike construction, not more than six feet in height. Materials subject to sagging, warping or other distortion under normal usage shall not be considered as durable for the purposes of this subsection.
(7)
Nothing contained in this chapter shall prevent the erection of an open wire fence not exceeding eight feet above ground level, on any public property or public school property.
F.
Swimming pool fences. Every private swimming pool shall have a fence enclosure which complies with the requirements of § 229-18.
G.
Retaining walls. The provisions of this chapter shall not be deemed to prohibit any necessary retaining wall.
H.
Maintenance. Whenever the owner, tenant or person responsible for a particular parcel of land erects a fence in accordance with the terms of this chapter, (s)he shall be responsible for continually maintaining such fence. Fences which are painted shall be painted in only one color. Multicolored fences are prohibited. Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
§ 310-20 Outside storage.
A.
Outside storage of any kind is prohibited within the front yard or secondary front yard in the case of corner lots in any district.
B.
The outdoor storage of any items, materials and equipment, other than those customarily placed in yards incidental to authorized residential use and occupancy, is prohibited in all residential zones.
C.
No open or outside storage of manufacturing or other materials, scrap, junk, or waste products of any kind shall be permitted in any district, except that refuse for collection may be stored in suitably covered containers in rear yards and adjacent to the principal structure. Such containers, on other than single- or two-family lots, shall be completely screened on all sides.
§ 310-21 R1 Single-Family Residential District.
A.
Purpose. The R1 Single-Family District is a single-family residential district that is designed for single-family development in detached structures that reflect the existing patterns of development.
B.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Essential services.
(3)
Community residences/shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Bulk standards. All restrictions as set forth in Schedule II of this chapter and as specifically detailed in the following table apply to the R1 Zoning District:
R1 Single-Family Residential Bulk Standards | |
|---|---|
Minimum lot area | 18,000 square feet |
Minimum lot width for interior lots | |
At setback line | 120 feet |
At right-of-way line | 75 feet |
Minimum lot width for corner lots | |
At setback line | 130 feet |
At right-of-way line | 85 feet |
Minimum front yard setback | 40 feet or the prevailing front yard setback line* of existing dwellings located within 200 feet of the perimeter of the subject lot and located on the same side of the street as the subject lot, whichever is less, but in no event less than 10 feet. |
Minimum side yard setback | |
One | For lots wider than 75 feet, the setback shall be 12 feet and for lots 75 feet wide or less, the setback shall be 8 feet; further, in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "yard, side." |
Both | 30% of the lot width |
Minimum rear yard setback | |
Principal structure | 40 feet or 35% of lot depth; whichever is greater |
Decks | 40 feet |
Maximum building coverage | |
Principal one-story building (ranch) | 25% |
Principal building more than one story | 20% of the first 7,500 square feet of lot area and 10% of each additional square foot of lot area in excess of 7,500 square feet. |
Accessory building | 5% |
Maximum lot coverage | 40% |
Maximum height | |
Principal building | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory building | 14 feet |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be subject to the "Yard Regulations" (§ 310-17) standards of this chapter. |
§ 310-22 R2 Single-Family Residential District.
A.
Purpose. The R2 Single-Family District is a single-family residential district that is designed for single-family development in detached structures that reflect the existing patterns of development. The district comprises the majority of the land area within the Borough and much the original development dates to the post-war period. Because many of these residential neighborhoods were created far before the Borough's modern zoning ordinance, flexible mechanisms have been put in place to streamline the process for homeowners attempting to renovate or expand their homes.
B.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Essential services.
(3)
Community residences/shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Bulk standards. All restrictions as set forth in Schedule II of this chapter and as specifically detailed in the following table apply to the R2 Zoning District:
R2 Single-Family Residential District Bulk Standards | |
|---|---|
Minimum lot area | 15,000 square feet |
Minimum lot width for interior lots | |
At setback line | 110 feet |
At right-of-way line | 60 feet |
Minimum lot width for corner lots | |
At setback line | 110 feet |
At right-of-way line | 70 feet |
Minimum front yard setback | 40 feet or the prevailing front yard setback line* of existing dwellings located within 200 feet of the perimeter of the subject lot and located on the same side of the street as the subject lot, whichever is less, but in no event less than 10 feet. |
Minimum side yard setback | |
One | For lots wider than 75 feet, the setback shall be 12 feet and for lots 75 feet wide or less, the setback shall be 8 feet; further, in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "yard, side." |
Both | 30% of the lot width |
Minimum rear yard setback | |
Principal structure | 40 feet or 35% of lot depth; whichever is greater |
Decks | 40 feet |
Maximum building coverage | |
Principal one-story building (ranch) | 25% |
Principal building more than one story | 20% of the first 7,500 square feet of lot area and 10% of each additional square foot of lot area in excess of 7,500 square feet. |
Accessory building | 5% |
Maximum lot coverage | 40% |
Maximum height | |
Principal building | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory building | 14 feet |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be subject to the "Yard Regulations" (§ 310-17) standards of this chapter. |
§ 310-23 R2A Single-Family Residential District.
A.
Purpose. The R2A Single-Family District is a single-family residential district that is designed for single-family development in detached structures. The defining characteristic of the district is the considerable depth associated with the lots compared to the other single-family residential districts of the Borough. R2A Zones are found in several clusters throughout the Borough, creating pockets in the broader R2 Zone.
B.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Essential services.
(3)
Community residences/shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Bulk standards. All restrictions as set forth in Schedule II of this chapter and as specifically detailed in the following table apply to the R2A Zoning District:
R2A Single-Family District Bulk Standards | |
|---|---|
Minimum lot area | 18,000 square feet |
Minimum lot width for interior lots | |
At setback line | 80 feet |
At right-of-way line | 60 feet |
Minimum lot width for corner lots | |
At setback line | 110 feet |
At right-of-way line | 70 feet |
Minimum lot depth | 200 feet |
Minimum front yard setback | 40 feet or the prevailing front yard setback line* of existing dwellings located within 200 feet of the perimeter of the subject lot and located on the same side of the street as the subject lot, whichever is less, but in no event less than 10 feet. |
Minimum side yard setback | |
One | For lots wider than 75 feet, the setback shall be 12 feet and for lots 75 feet wide or less, the setback shall be 8 feet; further, in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "yard, side." |
Both | 30% of the lot width |
Minimum rear yard setback | |
Principal structure | 40 feet or 35% of lot depth; whichever is greater |
Decks | 40 feet |
Maximum building coverage | |
Principal building | 20% of the first 7,500 square feet of lot area and 10% of each additional square foot of lot area in excess of 7,500 square feet. |
Accessory building | 5% |
Maximum lot coverage | 40% |
Maximum height | |
Principal building | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory building | 14 feet |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be subject to the "Yard Regulations" (§ 310-17) standards of this chapter. |
§ 310-24 R3 Two-Family Residential District.
A.
Purpose. The R3 Two-Family Residential District permits the established pattern of development, which consists of a combination of single- and two-family homes surrounding the Borough's South Street corridor. The district acts as a transition area between the single-family districts and the commercial and mixed-use zones.
B.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Two-family dwellings.
(3)
Essential services.
(4)
Community residences/shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Bulk standards. All restrictions as set forth in Schedule II of this chapter and as specifically detailed in the following table apply to the R3 Zoning District:
R3 Two-Family Residential District Bulk Standards | |
|---|---|
Two-Family Dwellings: | |
Minimum lot area | 10,000 square feet |
Minimum front yard setback | 30 feet |
Minimum side yard setback | |
One | 8 feet; in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "yard, side." |
Both | 20 feet |
Minimum rear yard setback | |
Principal structure | 40 feet |
Decks | 40 feet |
Uses Other Than Two-Family Dwellings: | |
Minimum lot area | 8,000 square feet |
Minimum front yard setback | 40 feet or the prevailing front yard setback line* of existing dwellings located within 200 feet of the perimeter of the subject lot and located on the same side of the street as the subject lot, whichever is less, but in no event less than 10 feet. |
Minimum side yard setback | |
One | For lots wider than 75 feet, the setback shall be 12 feet and for lots 75 feet wide or less, the setback shall be 8 feet; further, in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "yard, side." |
Both | 30% of the lot width |
Minimum rear yard setback | |
Principal structure | 40 or 35% of lot depth; whichever is greater |
Decks | 40 feet |
Standards Applicable to All Uses: | |
Minimum lot width for interior lots | |
At setback line | 75 feet |
At right-of-way line | 50 feet |
Minimum lot width for corner lots | |
At setback line | 85 feet |
At right-of-way line | 60 feet |
Maximum building coverage | |
Principal building | 25% |
Accessory building | 5% |
Maximum lot coverage | 50% |
Maximum height | |
Principal building | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory building | 14 feet |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be subject to the "Yard Regulations" (§ 310-17) standards of this chapter. |
§ 310-25 R3A Single- and Two-Family Residential District.
A.
Purpose. The R3A Two-Family Residential District is intended to permit the established pattern of development, which consists of single- and two-family homes similar to that of the R3 Zone, but with significantly increased depths. The district is located in one cluster at the corner of South Street and Central Avenue.
B.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Two-family dwellings.
(3)
Essential services.
(4)
Community residences/shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Bulk standards. All restrictions as set forth in Schedule II of this chapter and as specifically detailed in the following table apply to the R3A Zoning District:
R3A Single- and Two-Family Residential District Bulk Standards | |
|---|---|
Two-Family Dwellings: | |
Minimum lot area | 15,000 square feet |
Minimum lot width | |
At setback line | 100 feet |
At right-of-way line | 100 feet |
Minimum lot depth | 150 feet |
Minimum front yard setback | 30 feet |
Minimum side yard setback | |
One | 12 feet; in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "Yard, Side." |
Both | 30 feet |
Minimum rear yard setback | |
Principal structure | 40 feet |
Decks | 40 feet |
Uses Other than Two-Family Dwellings: | |
Minimum lot area | 10,000 square feet |
Minimum lot width for all lots | |
At setback line | 80 feet |
At right-of-way line | 80 feet |
Minimum lot depth | 125 feet |
Minimum front yard setback | 40 feet or the prevailing front yard setback line* of existing dwellings located within 200 feet of the perimeter of the subject lot and located on the same side of the street as the subject lot, whichever is less, but in no event less than 10 feet. |
Minimum side yard setback | |
One | For lots wider than 75 feet, the setback shall be 12 feet and for lots 75 feet wide or less, the setback shall be 8 feet; further, in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "Yard, Side." |
Both | 30% of the lot width |
Minimum rear yard setback | |
Principal structure | 40 or 35% of lot depth; whichever is greater |
Decks | 40 feet |
Standards Applicable to All Uses: | |
Maximum building coverage | |
Principal building | 25% |
Accessory building | 5% |
Maximum lot coverage | 50% |
Maximum height | |
Principal building | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory building | 14 feet |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be subject to the "Yard Regulations" (§ 310-17) standards of this chapter. |
§ 310-26 R4 Multifamily Residential District.
A.
Purpose. The R4 Multifamily Residential District allows for multifamily developments in addition to single- and two-family and townhouse development. The district is located in three clusters throughout the Borough, and is predominantly built-out with post-war, low-rise multifamily developments. Newer multifamily development occurred in the district in the 2010s along the western side of South Street.
B.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Two-family dwellings.
(3)
Townhouses.
(4)
Multifamily.
(5)
Essential services.
(6)
Community Residences/Shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule II of this chapter and as specifically detailed in the following table apply to the R4 Zoning District.
(2)
Development in the R4 District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
R4 Multifamily District Bulk Standards | |
|---|---|
Single-Family Dwelling: | |
Minimum lot area | 8,000 square feet |
Minimum front yard setback | 40 feet or the prevailing front yard setback line* of existing dwellings located within 200 feet of the perimeter of the subject lot and located on the same side of the street as the subject lot, whichever is less, but in no event less than 10 feet. |
Minimum side yard setback | |
One | For lots wider than 75 feet, the setback shall be 12 feet and for lots 75 feet wide or less, the setback shall be 8 feet; further, in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "Yard, Side." |
Both | 30% of the lot width |
Minimum rear yard setback | |
Principal structure | 40 feet or 35% of lot depth; whichever is greater |
Decks | 40 feet |
Maximum building coverage | 30% |
Maximum lot coverage | 50% |
Uses Other than Single-Family Dwellings: | |
Minimum lot area | 25,000 square feet |
Minimum front yard setback | 30 feet |
Minimum side yard setback | |
One | 15 feet; in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "yard, side." |
Both | 35 feet |
Minimum rear yard setback | 40 feet |
Maximum building coverage | 30% |
Maximum lot coverage | 70% |
Standards Applicable to All Uses: | |
Minimum lot width for all lots | |
At setback line | — |
At right-of-way line | 100 feet |
Maximum height | |
Principal building | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory building | 14 feet |
Maximum residential density | 14 units per acre |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be subject to the "Yard Regulations" (§ 310-17) standards of this chapter. |
§ 310-27 A1 Affordable Housing District.
A.
Purpose. The A1 Affordable Housing District is intended to provide opportunities for affordable housing within the Borough. The district consists of an inclusionary multifamily development as well as market-rate single-family homes.
B.
Permitted principal uses.
(1)
Single-family detached dwellings.
(2)
Two-family dwellings.
(3)
Townhouses.
(4)
Multifamily.
(5)
Essential services.
(6)
Community Residences/Shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule II of this chapter and as specifically detailed in the following table applies to the A1 Zoning District.
(2)
Development in the A1 District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
A1 Affordable Housing District Bulk Standards | |
|---|---|
Minimum lot area | 10,000 square feet |
Minimum front yard setback | 30 feet* |
Minimum side yard setback | |
One | 15 feet |
Both | 35 feet |
Minimum rear yard setback | 20 feet |
Maximum building coverage | 30% |
Maximum lot coverage | 50% |
Maximum height | |
Principal building | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory building | 14 feet, except that recreational buildings and facilities associated with multifamily development shall be governed by the height limitations for principal structures. |
Maximum gross residential density | 6 units per acre |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be subject to the "Yard Regulations" (§ 310-17) standards of this chapter. |
F.
Supplemental standards.
(1)
A minimum of 15% of the land in the A1 District shall be designated as conservation area, open spaces, recreation space and/or common open space.
(2)
Up to 25% of the designated common open space may consist of natural or man-made water bodies.
(3)
The common open space shall exclude private patios and any area located between the front of a building and street, front yard or common parking area.
§ 310-28 A2 Affordable Housing District.
A.
Purpose. The A2 Affordable Housing District is intended to provide opportunities for affordable housing within the Borough. The district consists of inclusionary and multifamily developments in three sections of the Borough.
B.
Permitted principal uses.
(1)
Two-family dwellings.
(2)
Townhouses.
(3)
Multifamily.
(4)
Essential services.
(5)
Community residences/shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule II of this chapter and as specifically detailed in the following table apply to the A2 Zoning District.
(2)
Development in the A2 District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
A2 Affordable Housing District Bulk Standards | |
|---|---|
Minimum lot area | 10,000 square feet |
Minimum front yard setback | 30 feet* |
Minimum side yard setback | |
One | 15 feet |
Both | 35 feet |
Minimum rear yard setback | 20 feet |
Maximum building coverage | 30% |
Maximum lot coverage | 50% |
Maximum height | |
Principal building | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory building | 14 feet, except that recreational buildings and facilities shall be governed by the height limitations for principal structures. |
Maximum gross residential density | 10 units per acre |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be subject to the "Yard Regulations" (§ 310-17) standards of this chapter. |
F.
Supplemental standards.
(1)
A minimum of 20% of the land in the A2 District shall be designated as conservation area, open spaces, recreation space and/or common open space.
(2)
Up to 25% of the designated common open space may consist of natural or man-made water bodies.
(3)
The common open space shall exclude private patios and any area located between the front of a building and street, front yard, or common parking area.
§ 310-29 A3 Affordable Housing District.
A.
Purpose. The A3 Affordable Housing District is intended to provide opportunities for affordable housing within the Borough. The district consists of an inclusionary multifamily development in the northeast section of the Borough.
B.
Permitted principal uses.
(1)
Townhouses.
(2)
Multifamily.
(3)
Essential services.
(4)
Community residences/shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule II of this chapter and as specifically detailed in the following table apply to the A3 Zoning District.
(2)
Development in the A3 District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
A3 Affordable Housing District Bulk Standards | |
|---|---|
Minimum lot area | 10,000 square feet |
Minimum front yard setback | 30 feet* |
Minimum side yard setback | |
One | 15 feet |
Both | 35 feet |
Minimum rear yard setback | 20 feet |
Maximum building coverage | 30% |
Maximum lot coverage | 50% |
Maximum height | |
Principal building | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory building | 14 feet, except that recreational buildings and facilities associated with multifamily development shall be governed by the height limitations for principal structures. |
Maximum gross residential density | 14 units per acre |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops, and similar structures exist, said encroachments shall be subject to the "Yard Regulations" (§ 310-17) standards of this chapter. |
F.
Supplemental standards.
(1)
A minimum of 20% of the land in the A3 District shall be designated as conservation area, open spaces, recreation space and/or common open space.
(2)
Up to 25% of the designated common open space may consist of natural or man-made water bodies.
(3)
The common open space shall exclude private patios and any area located between the front of a building and street, front yard or common parking area.
§ 310-30 A4 Affordable Housing District.
A.
Purpose. The purpose of the A4 Affordable Housing Zone, which applies only to Block 210 Lots 20 and 32, is to provide areas within the Borough designated for multifamily housing, townhouses, and affordable housing opportunities. The intent of this zone is to be developed as a single entity. Should any other section of this chapter conflict with the standards found herein, the standards of this section shall govern.
B.
Principal permitted uses:
(1)
Multifamily.
(2)
Townhouses, subject to the Borough's definition of "Townhouse" found in § 310-6 with the exception of height, which shall be governed by the standards within this section.
(3)
Existing wireless communication tower.
(4)
Public parks, recreation building/facilities, and playgrounds.
(5)
Essential services.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses:
(1)
Home offices/occupations.
(2)
Private parks and playgrounds.
(3)
Private recreational buildings and facilities.
(4)
Garages and off-street parking facilities.
(5)
Solar installations.
(6)
Electric vehicle charging stations.
(7)
Building/roof-mounted wireless communication facility subject to the submission requirements found in this chapter.
(8)
Uses customary and incidental to the principal use.
(9)
Family day care homes.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Bulk standards. The following bulk standards shall apply:
A4 Affordable Housing District Bulk Standards | |
|---|---|
Minimum lot area | 20 acres |
Minimum setbacks: | |
From Commerce Street | 40 feet |
From Spring Street | 40 feet |
From B. 210 L. 21 | 30 feet |
From the R2 Zone | 40 feet |
From internal streets | 12 feet |
Maximum lot coverage | 50% |
Maximum building coverage | 25% |
Maximum building height | |
Townhouses | 3 stories/38 feet. If the residential structure contains a ground-level enclosed parking area, then the calculation of the height and number of stories shall exclude the ground-level parking area. The height of the structure shall be measured from the finished floor of the first floor above the ground level parking area. |
Multifamily | 3 stories/38 feet. If the residential structure contains a ground-level enclosed parking area, then the calculation of the height and number of stories shall exclude the ground-level parking area. The height of the structure shall be measured from the finished floor of the first floor above the ground level parking area. |
Clubhouse | 30 feet |
All other accessory structures | 15 feet |
Minimum distance between buildings | No portion of a building shall be closer to another building than 50% of its height. In the event the adjacent buildings are different heights, the higher height shall govern. |
Minimum parking setback for multifamily | Surface parking areas shall be set back a minimum of 15 feet from the principal building. |
Townhouse driveways | Driveways shall be a minimum of 20 feet between the sidewalk and garage. |
E.
Minimum off-street parking:
(1)
Townhouses: two spaces per dwelling unit, one of which shall be in a garage.
(2)
Multifamily: RSIS.
(3)
A garage and driveway space shall count as two spaces, as well as a dedicated tandem space in a covered garage.
(4)
To the extent feasible, all off-street parking shall be located interior to the property and have limited visibility from the public rights-of-way.
G.
Affordable housing. Very-low-, low- and moderate-income housing shall be constructed in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq., and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., including standards for the split between very-low-, low- and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median-income and 37% of the affordable units are low-income units with the (up to) 50% balance of units allowed at moderate income; bedroom distribution; range of affordability; pricing and rent of units; affirmative marketing; thirty-year minimum affordability controls and construction phasing with the market rate units developed on the tract.
H.
Buffers. A twenty-foot buffer shall be maintained along the property boundary abutting the R2 Residential Zone. No buildings, signs, structures (including stormwater management facilities), parking, or roadways shall be permitted within the buffer area.
I.
Signage.
(2)
One freestanding sign is permitted at each entrance to the development. Each sign shall not exceed 50 square feet per side.
(3)
Freestanding signs may be internally illuminated and may also be illuminated by an exterior light source, facing down, not upwards toward the sky.
(4)
Freestanding signs shall be set back a minimum of 15 feet from the lot line.
(5)
Freestanding signs shall be set back a minimum of 12 feet from internal roadways.
(6)
Directional signs are permitted on all internal roadways. Directional signs shall be consistent with each other and the tract's other signage.
(7)
Numbers indicating the addresses of the multifamily residential buildings are permitted to be hung on the exterior walls, not to exceed six square feet and not to protrude more than six inches from the building's surface.
J.
Additional standards.
(1)
Two or more principal uses are permitted on a single tract.
(2)
The development may include a recreational amenity, such as but not limited to a clubhouse, for use by the residents of the entire development.
(3)
To the extent feasible, the existing forested areas of the tract shall be maintained.
(4)
Access roads to the tract shall be permitted from Central Avenue, Spring Street and Commerce Drive.
(5)
To the extent feasible, all resident parking associated with multifamily structures shall be located under the building.
(6)
For surface parking areas associated with multifamily structures, a minimum of 10% of the surface area shall be landscaped and shall include one shade tree for every 20 parking spaces.
(7)
Each multifamily building shall not contain more than 48 units.
(8)
No building shall be in excess of 200 feet in length.
(9)
No dwelling unit and/or room intended for human habitation shall be located in a basement, cellar or attic, with the exception that a townhouse structure and multifamily buildings may have a basement/cellar that contains a general-purpose room such as a family room or recreation room.
(10)
Generators are required for all common areas in multifamily buildings.
(12)
Open space. The development of an inclusionary development in the A4 Zone shall include a donation to the Borough of New Providence the portion of the site that is currently used as a soccer field along with a portion of the adjacent existing driveway.
§ 310-31 RS Residential Senior Affordable Housing District.
A.
Purpose. The RS Residential Senior Affordable Housing District is intended to provide opportunities for age-restricted affordable housing within the Borough. The district consists of a 100% affordable age-restricted multifamily development in the northern section of the Borough.
C.
Permitted accessory uses.
(1)
Home offices/occupations.
(2)
Family day care homes associated with single- and two-family dwellings.
(3)
Solar installations.
(4)
Electric vehicle charging infrastructure.
(5)
Private recreational buildings associated with multifamily development only.
(6)
Other uses customary and incidental to the principal use.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule III of this chapter and as specifically detailed in the following table apply to the RS Zoning District.
(2)
Development in the RS District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
RS Residential Senior Affordable Housing District Bulk Standards | |
|---|---|
Minimum lot area | — |
Minimum lot frontage | 100 feet |
Minimum setbacks | As determined appropriate by the reviewing Board |
Maximum building coverage | 50% |
Maximum lot coverage | 80% |
Maximum height | |
Principal building | 3 stories not to exceed 35 feet |
Maximum gross residential density | 16 units per acre |
Minimum square feet of common space | 900 square feet |
§ 310-32 OR Office and Residential District.
A.
Purpose. The OR Office and Residential District is intended to support the existing neighborhood while encouraging new development along the South Street corridor, which leads into the Borough's downtown. This mixed-use district fronts on South Street and is characterized by office complexes, small-scale retail, and single- and two-family residential development, all of which are mixed-in amongst each other. It is the goal of this district to promote more small-scale mixed-use and office development. The district acts as a prime transition area from the Borough's TBI-2 Zone, as well as several residential districts, into the central downtown corridor.
B.
Permitted principal uses.
(1)
Single-family detached dwellings existing at the time of adoption of this chapter.
(2)
Two-family dwellings existing at the time of adoption of this chapter.
(3)
Townhouses.
(4)
Multifamily.
(5)
Mixed-use buildings (residential permitted on upper floors).
(6)
Child-care centers.
(7)
Eating and drinking establishments.
(8)
Educational use: specialized or vocational schools.
(9)
Essential services.
(10)
Financial institutions (with or without drive-throughs).
(11)
Funeral homes.
(12)
Co-working office space.
(13)
Flex office space.
(14)
Professional office space.
(15)
Personal services.
(16)
Restaurants (no drive-throughs).
(17)
Retail convenience.
(18)
Retail sales.
(19)
Retail sales, food.
(20)
Retail services.
(21)
Community residences/shelters housing persons with developmental disabilities, victims of domestic violence, the terminally ill, persons with head injuries, consistent with N.J.S.A. 40:55D-66.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Permitted accessory uses.
(1)
Home offices/occupations.
(2)
Family day care homes associated with single- and two-family dwellings.
(3)
Solar installations.
(4)
Electric vehicle charging infrastructure.
(5)
Private recreational buildings associated with multifamily development only.
(6)
Other uses customary and incidental to the principal use.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule III of this chapter and as specifically detailed in the following table apply to the OR Zoning District.
(2)
Development in the OR District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
OR Office and Residential District Bulk Standards | |
|---|---|
Single- and two-family dwellings: | |
Minimum lot area single-family | 8,000 square feet |
Minimum lot area two-family | 10,000 square feet |
Minimum front yard setback | 40 feet or the prevailing front yard setback line* of existing dwellings located within 200 feet of the perimeter of the subject lot and located on the same side of the street as the subject lot, whichever is less, but in no event less than 10 feet. |
Minimum side yard setback | |
One | For lots wider than 75 feet, the setback shall be 12 feet and for lots 75 feet wide or less, the setback shall be 8 feet; further, in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "Yard, Side." |
Both | 30% of the lot width |
Minimum rear yard setback | |
Principal structure | 40 feet or 35% of lot depth; whichever is greater |
Decks | 40 feet |
Maximum lot coverage | 50% |
Maximum height | |
Principal structure | 2.5 stories/30 feet average grade to mean level of slope of roof; max 35 feet to peak |
Accessory structure | 16 feet |
All other uses, including mixed-use buildings: | |
Minimum lot area multifamily and townhouses | 25,000 square feet |
Minimum lot area all other uses | 10,000 square feet |
Minimum front yard setback | 15 feet |
Minimum side yard setback | |
One | 15 feet; in no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "yard, side." |
Both | 35 feet |
Minimum rear yard setback | 40 feet |
Maximum height | 30 feet |
Maximum FAR (not applicable to townhomes) | 0.35 |
Maximum lot coverage | |
Townhome | 70% |
Other | 90% |
Standards applicable to all uses: | |
Minimum lot width for all lots | |
At setback line | 100 feet |
At right-of-way line | — |
* | Setback line shall be measured to the front principal building wall. If front yard encroachments of porches, porticos, stoops and similar structures exist, said encroachments shall be permitted pursuant to the "yard encroachments" (§ 310-17) standards of this chapter. |
§ 310-33 C1 Specialty Commercial District.
A.
Purpose. The C1 Specialty Commercial District is intended to support transit-oriented development in a mix of development types and uses in the area immediately to the north of the Murray Hill Train Station. Offices, residential development, and retail uses are permitted within the district, and the architecture is designed to invoke the styles of historic local vernacular.
B.
Permitted principal uses.
(1)
Townhouses.
(2)
Multifamily.
(3)
Mixed-use buildings (residential permitted on upper floors).
(4)
Arts centers.
(5)
Child-care centers.
(6)
Eating and drinking establishments.
(7)
Educational use: specialized or vocational schools.
(8)
Essential services.
(9)
Financial institutions (with or without drive-throughs).
(10)
Funeral homes.
(11)
Institutional and public uses.
(12)
Co-working office space.
(13)
Flex office space.
(14)
Professional office space.
(15)
Personal services.
(16)
Restaurants (no drive-throughs).
(17)
Restaurant fast service.
(18)
Retail convenience.
(19)
Retail sales.
(20)
Retail sales, food.
(21)
Retail services.
E.
Bulk standards.
[Amended 10-10-2023 by Ord. No. 2023-06]
(1)
All restrictions set forth in Schedule III of this chapter and as specifically detailed in the following table apply to the C1 Zoning District.
(2)
Development in the C1 District shall also be subject to the enhanced setbacks and buffer requirements found in § 310-14 and § 310-56, respectively.
C1 Specialty Commercial District Bulk Standards | |
|---|---|
Minimum lot area | 2 acres |
Minimum front yard setback | 15 feet from right-of-way line, except where there is an existing established setback, then the setback shall be the same as the setback of the structures on either side. If one setback is deeper than the other, the deeper setback shall be continued. |
Minimum side yard setback townhouses | In no event shall any new building or addition be permitted to be closer to any side lot line than 60% of the building's or addition's height, measured pursuant to the definition of "yard, side." |
Minimum side yard setback all other uses | — |
Minimum rear yard setback | — |
Maximum FAR (not applicable to townhouses) | 0.30 |
Maximum lot coverage | 80% |
Maximum height | |
Principal building | 2.5 stories/35 feet |
Accessory building | 14 feet |
§ 310-34 C2 Neighborhood Commercial District.
A.
Purpose. The C2 Commercial District is intended to provide for small-scale neighborhood commercial uses along central thoroughfares within the Borough.
B.
Permitted principal uses.
(1)
Mixed-use buildings (residential permitted on upper floors).
(2)
Brewery.
(3)
Child-care centers.
(4)
Eating and drinking establishments.
(5)
Educational use: specialized or vocational schools.
(6)
Essential services.
(7)
Financial institutions (with or without drive-throughs).
(8)
Funeral homes.
(9)
Co-working office space.
(10)
Flex office space.
(11)
Professional office space.
(12)
Personal services.
(13)
Restaurants (with or without drive-throughs).
(14)
Restaurant fast service.
(15)
Retail convenience.
(16)
Retail sales.
(17)
Retail sales, food.
(18)
Retail services.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule III of this chapter and as specifically detailed in the following table apply to the C2 Zoning District.
(2)
Development in the C2 District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
C2 Neighborhood Commercial District Bulk Standards | |
|---|---|
Minimum lot area | None |
Minimum front yard setback | 15 feet from right-of-way line except where there is an existing established setback, then the setback shall be the same as the setback of the structures on either side. If one setback is deeper than the other, the deeper setback shall be continued. |
Minimum side yard setback | — |
Minimum rear yard setback | — |
Maximum FAR | 0.35 |
Maximum lot coverage | 80% |
Maximum height | |
Principal building | 2 stories/30 feet |
Accessory building | 14 feet |
§ 310-35 CCD Central Commercial District.
A.
Purpose. The CCD Central Commercial District is intended to allow for mixed-use development that will cultivate a traditional "Main Street" downtown area, with uses that are typically found in a vibrant downtown commercial district. The standards envision a walkable, pedestrian-friendly downtown, and consequently employ parking and other streetscape standards that are meant to increase connectivity, provide for comfortable public spaces, increase residential uses, and limit the impact of vehicular traffic. The architecture of the downtown is intended to create a desirable and harmonious visual environment that compliments the established pattern of design within the Borough.
B.
Permitted principal uses.
(1)
Mixed-use buildings (residential permitted on upper floors).
(2)
Brewery.
(3)
Brewpub.
(4)
Child-care centers.
(5)
Micro distillery.
(6)
Eating and drinking establishments.
(7)
Educational use: specialized or vocational schools.
(8)
Essential services.
(9)
Financial institutions (without drive-throughs).
(10)
Institutional and public uses.
(11)
Co-working office space.
(12)
Flex office space.
(13)
Professional office space.
(14)
Personal services.
(15)
Restaurants (without drive-throughs).
(16)
Restaurant fast service.
(17)
Retail convenience.
(18)
Retail sales.
(19)
Retail sales, food.
(20)
Retail services.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule III of this chapter and as specifically detailed below apply to the CCD Zoning District.
(2)
Development in the CCD District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
CCD Central Commercial District Bulk Standards | |
|---|---|
Minimum lot area | — |
Maximum front yard setback | 10 feet maximum setback from right-of-way line. Eating and drinking establishments and restaurants are permitted an additional front yard setback to accommodate outdoor dining at a depth reviewed and approved by the reviewing board. A minimum of 5 feet of free and unobstructed pedestrian right-of-way must be obtained. |
Minimum side yard setback | — |
Minimum rear yard setback | — |
Maximum lot coverage | 100% |
Maximum ratio of lot coverage to building coverage | Total improved lot coverage shall amount to no more than double the area of the building coverage |
Maximum building height | 3 stories/38 feet |
Minimum building height | 2 stories/30 feet |
Minimum ground floor height | 12 feet floor to ceiling |
Minimum building facade length | 70% of lot width at setback line |
§ 310-36 CCD-TH Central Commercial Townhouse District.
A.
Purpose. The CCD-TH Central Commercial Townhouse District is intended to attract higher density residential uses to the CCD District, providing a nearby customer base for businesses within easy walking distance. The district will also function as a transition between the more intense Central Commercial District and the R2 Single-Family Residential District.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule III of this chapter and as specifically detailed below apply to the CCD-TH Zoning District.
(2)
Development in the CCD-TH District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
CCD-TH Central Commercial Townhouse District Bulk Standards | |
|---|---|
Townhouses: | |
Minimum lot area | 25,000 square feet |
Minimum lot width for all lots | |
At setback line | 100 feet |
At right-of-way line | 100 feet |
Maximum front yard setback | 10 feet from the right-of-way line |
Minimum side yard setback | |
One | 15 feet |
Both | 30 feet |
Minimum rear yard setback | 15 feet |
Maximum lot coverage | 75% |
Maximum building height | 2.5 stories/35 feet |
Minimum building height | 2 stories/30 feet |
§ 310-37 TBI-1 Technology and Business Innovation Zone 1.
A.
Purpose. The TBI-1 Technology and Innovation Zone 1 is intended to encourage low- to medium-density commercial development for the purpose of high-technology facilities, medical, educational, office, and related facilities in a campus-like setting. This district shall be developed with high-quality design to establish a pleasing aesthetic environment. The land use mix is intended to be developed on lots larger than three acres.
B.
Permitted principal uses.
(1)
Mixed-use buildings (residential is not permitted).
(2)
Ambulatory health care facility.
(3)
Arts center.
(4)
Brewery.
(5)
Brewpub.
(6)
Child-care center.
(7)
Data center.
(8)
Micro distillery.
(9)
Educational use: specialized or vocational schools.
(10)
Essential services.
(11)
Health care testing service facility.
(12)
High-technology incubator business.
(13)
Hotel.
(14)
Hotel/conference facility.
(15)
Institutional and public uses.
(16)
Laboratory.
(17)
Office co-working space.
(18)
Office corporate.
(19)
Office flex.
(20)
Office professional.
(21)
Recreation/sports facility.
(22)
Small wind energy systems.
(23)
Telecom hotel.
(24)
Veterinary clinic.
(25)
Veterinary hospital.
(26)
Wellness and lifestyle center.
D.
Conditional uses.
(1)
Wireless telecommunication facilities - tower or roof/building mounted antennas.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule III of this chapter and as specifically detailed in the following table apply to the TBI-1 Zoning District:
(2)
Development in the TBI-1 District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
TBI-1 Technology and Business Innovation Zone 1 Bulk Standards | |
|---|---|
Minimum lot area | 150,000 |
Minimum lot width for all lots | |
At setback line | 300 feet |
At right-of-way line | 300 feet |
Minimum front yard setback | 100 feet |
Minimum side yard setback | |
One | 50 feet |
Both | 100 feet |
Minimum rear yard setback | — |
Maximum lot coverage | 80% |
Maximum FAR | 0.35 |
Maximum building height | |
Principal structure | 3 stories/45 feet |
Accessory structure | 45 feet for parking garages/14 feet for all other accessory structures |
§ 310-38 TBI-2 Technology and Business Innovation Zone 2.
A.
Purpose. The TBI-2 Technology and Innovation Zone 2 is intended to encourage low-density light industrial and commercial development for the location of high-technology, educational and related facilities. This zone shall be developed with high-quality design to establish a pleasing aesthetic environment.
B.
Permitted principal uses.
(1)
Mixed-use buildings (residential not permitted).
(2)
Ambulatory health care facility.
(3)
Arts center.
(4)
Brewery.
(5)
Brewpub.
(6)
Child-care center.
(7)
Data center.
(8)
Micro distillery.
(9)
Educational use: specialized or vocational schools.
(10)
Essential services.
(11)
Health care testing service facility.
(12)
High-technology incubator business.
(13)
Hotel.
(14)
Institutional and public uses.
(15)
Laboratory.
(16)
Light industrial use.
(17)
Office co-working space.
(18)
Office corporate.
(19)
Office flex.
(20)
Office professional.
(21)
Recreation/sports facility.
(22)
Small wind energy systems.
(23)
Telecom hotel.
(24)
Veterinary clinic.
(25)
Wholesale business.
D.
Conditional uses.
(1)
Wireless telecommunication facilities - tower or roof/building mounted antennas.
E.
Bulk standards.
(1)
All restrictions as set forth in Schedule III of this chapter and as specifically detailed in the following table apply to the TBI-2 Zoning District:
(2)
Development in the TBI-2 District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
TBI-2 Technology and Business Innovation Zone 2 Bulk Standards | |
|---|---|
Minimum lot area | 100,000 square feet |
Minimum lot width for all lots | |
At setback line | 300 feet |
At right-of-way line | 300 feet |
Minimum front yard setback | 100 feet |
Minimum side yard setback | |
One | 50 feet |
Both | 100 feet |
Minimum rear yard setback | — |
Maximum lot coverage | 80% |
Maximum FAR | 0.40 |
Maximum building height | |
Principal structure | 40 feet |
Accessory structure | 35 feet for parking garages/14 feet for all other accessory structures |
F.
Supplementary standards.
(1)
Retail sales as an accessory use shall be subject to the following standards:
(a)
The maximum permitted floor area for the accessory retail use is limited to 2,000 square feet or 5% of the gross floor area, whichever is less and be included in the footprint of the primary structure.
(b)
No outdoor sale of goods shall be permitted.
(c)
The accessory retail use must be clearly incidental to the principal use.
(d)
The products sold must be produced by or related to the principal use.
(e)
A designated parking area shall be provided for the retail use. This parking area shall provide a clearly marked pedestrian access route to the retail portion of the structure that does not intersect with the travel path of any vehicles that serve the principal business.
§ 310-39 AH-ARO Affordable Housing Age-Restricted Overlay.
A.
Purpose. The purpose of the Affordable Housing Age-Restricted Overlay Zone (AH-ARO), which applies to Block 221 Lot 5, is to provide areas within the Borough designated for age-restricted, multifamily housing, including age-restricted affordable housing. This district constitutes an overlay, providing property owners with the option of continuing the use of the property as permitted in the underlying zone (TBI-2), or to redevelop with age-restricted residential and affordable housing components.
C.
Permitted accessory uses:
D.
Bulk standards.
(1)
The bulk standards set forth in the following table shall apply to the AH-ARO District.
(2)
Development in the AH-ARO District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
AH-ARO Affordable Housing Age-Restricted Overlay Bulk Standards | |
|---|---|
Minimum lot area | 6.5 acres |
Minimum setbacks | |
Front | 30 feet |
Rear | 20 feet |
Minimum side yard setback | |
One | 15 feet |
Both | 35 feet |
Maximum lot coverage | 60% |
Maximum building coverage | 35% |
Maximum building height | |
Principal structure | 38 feet/3 stories |
Accessory structure | 15 feet |
Minimum distance between buildings | No portion of a building shall be closer to another building than 50% of its height. In the event the adjacent buildings are different heights, the higher height shall govern. |
E.
Minimum off-street parking:
(1)
Townhouses: two spaces per dwelling unit, one of which shall be in a garage.
(2)
Multifamily: 0.75 spaces per unit.
(3)
A garage and driveway space shall count as two spaces, as well as a dedicated tandem space in a covered garage.
(4)
To the extent feasible, all off-street parking shall be located interior to the property and have limited visibility from the public rights-of-way.
G.
Affordable housing. Very-low-, low-, and moderate-income housing shall be constructed in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., including standards for the split between very-low-, low-, and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median income and 37% of the affordable units are low-income units with the (up to) 50% balance of units allowed at moderate income; bedroom distribution; range of affordability; pricing and rent of units; affirmative marketing; thirty-year minimum affordability controls and construction phasing with the market rate units developed on the tract.
H.
Signage.
(2)
One freestanding sign is permitted at each entrance to the development. Each sign shall not exceed 50 square feet per side.
(3)
Freestanding signs may be internally illuminated and may also be illuminated by an exterior light source, facing down, not upwards toward the sky.
(4)
Freestanding signs shall be setback a minimum of 15 feet from the lot line.
(5)
Freestanding signs shall be setback a minimum of 12 feet from internal roadways.
(6)
Directional signs are permitted on all internal roadways. Directional signs shall be consistent with each other and the tract's other signage.
(7)
Numbers indicating the addresses of the multifamily residential buildings are permitted to be hung on the exterior walls, not to exceed six square feet and not to protrude more than six inches from the building's surface.
I.
Additional standards.
(1)
Two or more principal uses are permitted on a single tract.
(2)
Surface parking lots shall include landscaped medians and/or islands when any expanse of pavement exceeds 108 feet in width; otherwise landscaping along the perimeter is required.
(3)
For surface parking areas associated with multifamily structures, a minimum of 10% of the surface area shall be landscaped and shall include one shade tree for every 20 parking spaces.
(4)
Each multifamily building shall not contain more than 48 units.
(5)
No building shall be in excess of 200 feet in length.
(6)
No dwelling unit and/or room intended for human habitation shall be located in a basement, cellar or attic, with the exception that a townhouse structure and multifamily buildings may have a basement/cellar that contains a general-purpose room such as a family room or recreation room.
(7)
Generators are required for all common areas in multifamily buildings.
§ 310-40 AHO Affordable Housing Overlay.
A.
Purpose. The purpose of the Affordable Housing Overlay (AHO) District, which applies to Block 210: Lots 21, 23, 33; Block 221: Lots 2.01 and 6; and Block 340: Lots 4, 6 and 8, is to provide areas within the Borough designated for multifamily and affordable housing opportunities. This district constitutes an overlay, providing property owners with the option of continuing the use of the property as permitted in the underlying zone (TBI-2), or to redevelop with residential and affordable housing components.
C.
Permitted accessory uses:
(1)
Home offices/occupations.
(2)
Private parks and playgrounds.
(3)
Private recreation buildings and facilities.
(4)
Garages and off-street parking facilities.
(5)
Solar installations.
(6)
Electric vehicle charging infrastructure.
(7)
Private recreation buildings and facilities.
(8)
Uses customary and incidental to the principal use.
D.
Bulk standards.
(1)
The bulk standards set forth in the following table shall apply to the AHO District.
(2)
Development in the AHO District shall also be subject to the enhanced setbacks and buffering requirements found in § 310-14 and § 310-56, respectively.
AHO Affordable Housing Overlay Bulk Standards | |
|---|---|
Minimum lot area | 2 acres |
Minimum setbacks | |
Front | 30 feet |
Rear | 20 feet |
Minimum side yard setback | |
One | 15 feet |
Both | 35 feet |
Maximum lot coverage | 60% |
Maximum building coverage | 35% |
Maximum building height | |
Principal structure | 38 feet/3 stories |
Accessory structure | 15 feet |
Minimum distance between buildings | No portion of a building shall be closer to another building than 50% of its height. In the event the adjacent buildings are different heights, the higher height shall govern. |
E.
Minimum off-street parking:
(1)
Townhouses: two spaces per dwelling unit, one of which shall be in a garage.
(2)
Multifamily: RSIS.
(3)
A garage and driveway space shall count as two spaces, as well as a dedicated tandem space in a covered garage.
(4)
To the extent feasible, all off-street parking shall be located interior to the property and have limited visibility from the public rights-of-way.
F.
Maximum number of units.
(1)
Block 210 Lot 21: 9.5 units/acre.
(2)
Block 210 Lot 23: 9.5 units/acre.
(3)
Block 210 Lot 33: 9.5 units/acre.
(4)
Block 340 Lot 4: 16 units/acre.
(5)
Block 340 Lot 6: 17 units/acre.
(6)
Block 340 Lot 8: 9.5 units/acre.
(7)
Block 221 Lot 2.01: 15 units/acre.
(8)
Block 221 Lot 6: 16 units/acre.
(9)
At least 20% of all units created shall be set aside to be occupied by households qualified as very-low-, low-, or moderate-income, in accordance with current standards.
G.
Affordable housing. Very-low-, low-, and moderate-income housing shall be constructed in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq., and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., including standards for the split between very low-, low-, and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median income and 37% of the affordable units are low-income units with the (up to) 50% balance of units allowed at moderate-income; bedroom distribution; range of affordability; pricing and rent of units; affirmative marketing; thirty-year minimum affordability controls and construction phasing with the market rate units developed on the tract.
H.
Signage.
(2)
Freestanding signs may be internally illuminated and may also be illuminated by an exterior light source, facing down, not upwards toward the sky.
(3)
Freestanding signs shall be setback a minimum of 15 feet from the lot line.
(4)
Freestanding signs shall be setback a minimum of 12 feet from internal roadways.
(5)
Directional signs are permitted on all internal roadways. Directional signs shall be consistent with each other and the tract's other signage.
(6)
Numbers indicating the addresses of the multifamily residential buildings are permitted to be hung on the exterior walls, not to exceed six square feet and not to protrude more than six inches from the building's surface.
I.
Additional standards.
(1)
Two or more principal uses are permitted on a single tract.
(2)
Surface parking lots shall include landscaped medians and/or islands when any expanse of pavement exceeds 108 feet in width; otherwise landscaping along the perimeter is required.
(3)
For surface parking areas associated with multifamily structures, a minimum of 10% of the surface area shall be landscaped and shall include one shade tree for every 20 parking spaces.
(4)
Each multifamily building shall not contain more than 48 units.
(5)
No building shall be in excess of 200 feet in length.
(6)
No dwelling unit and/or room intended for human habitation shall be located in a basement, cellar or attic, with the exception that a townhouse structure and multifamily buildings may have a basement/cellar that contains a general-purpose room such as a family room or recreation room.
(7)
Generators are required for all common areas in multifamily buildings.
§ 310-41 PACO Planned Adult Community Overlay.
A.
Purpose.
(1)
The purpose of the Planned Adult Community Overlay (PACO) District, which applies to Block 370 Lot 1, is to provide areas within the Borough designated for age-restricted, multifamily housing, including age-restricted affordable housing opportunities. The PACO allows the existing, underlying zoning (TBI-1) to remain with the option of developing a site within the parameters of this overlay section. The intent of this district is to be developed as a single entity. Any development of this site shall respect the character of the existing single-family residential neighborhood that surrounds the site to the north and west. Additionally, buffers and screening along the perimeter of the site shall be provided pursuant to the standards herein. The Borough's steep slope ordinance, § 310-44, Steep slopes, shall not apply to the PACO.
(2)
The development of the PAC shall be substantially consistent with the concept plan, dated August 13, 2018, attached to the executed settlement agreement between the Borough and Linde North America Inc.
C.
Permitted accessory uses:
(1)
Home offices/occupations.
(2)
Private parks and playgrounds.
(3)
Private recreation buildings and facilities.
(4)
Garages and off-street parking facilities.
(5)
Structured parking beneath the multifamily housing.
(6)
Solar installations.
(7)
Electric vehicle charging infrastructure.
(8)
Private recreation buildings and facilities.
(9)
Uses customary and incidental to the principal use.
D.
Bulk standards. The bulk standards set forth in the following table shall apply to the PACO District:
PACO Planned Adult Community Overlay Bulk Standards | |
|---|---|
Minimum lot area | 21 acres |
Minimum building setbacks | |
From Mountain Avenue | 100 feet for 3 residential stories with and without underground parking; 150 feet for 4 residential stories with and without underground parking. |
From Southgate Road | 40 feet |
From Ryder Way | 80 feet |
From internal streets | 12 feet |
Maximum lot coverage | 50% |
Maximum building coverage | 25% |
Maximum building height | |
Townhouses | 2.5 stories/35 feet |
Multifamily | 3 stories/40 feet; 4 stories/50 feet. The height may increase another story and 15 feet for multifamily buildings with structured parking. |
Clubhouse | 25 feet |
All other accessory structures | 15 feet |
Minimum distance between buildings | No portion of a building shall be closer to another building than 50% of its height. In the event the adjacent buildings are different heights, the higher height shall govern. |
Minimum parking setback for multifamily residential buildings | Surface parking areas shall be set back a minimum of 12 feet from the principal building. |
Townhouse driveways | Driveways shall be a minimum of 18 feet between the sidewalk and garage. |
E.
Minimum off-street parking: RSIS.
G.
Affordable housing. Very-low-, low-, and moderate-income housing shall be constructed in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., including standards for the split between very low-, low-, and moderate-income housing, provided a minimum of 13% of the affordable units are very low-income units at 30% of the median income and 37% of the affordable units are low-income units with the (up to) 50% balance of units allowed at moderate-income; bedroom distribution; range of affordability; pricing and rent of units; affirmative marketing; thirty-year minimum affordability controls and construction phasing with the market rate units developed on the tract.
H.
Buffers.
(1)
There shall be a buffer area that surrounds the entire perimeter of the site. The buffer area shall be 100 feet off Mountain Avenue, 40 feet off Southgate Road, and 80 feet off Ryder Way.
(2)
Buffering shall be located to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties when necessary. Buffering may include but not be limited to fencing, walls, evergreens, shrubs, landscaping, berms, rocks, boulders, open space, ponds, steep slopes, deciduous trees or combinations thereof to achieve the stated objectives.
(3)
Extensive buffering shall be required where intensive land uses abut less intensive uses (i.e., single-family to townhouses/multifamily). Existing natural vegetation, if appropriate for the above stated purposes, shall be retained.
(4)
No buildings, signs, structures (including stormwater facilities), storage of materials, roadways or parking shall be permitted within the buffer areas, with the exception of access roads into the development and freestanding signs, in accordance this section.
I.
Signage.
(2)
One freestanding sign is permitted at each main entrance to the development. Each sign shall not exceed 50 square feet per side.
(3)
Freestanding signs may be internally illuminated and may also be illuminated by an exterior light source, facing down, not upwards toward the sky.
(4)
Freestanding signs shall be setback a minimum of 15 feet from the lot line.
(5)
Freestanding signs shall be setback a minimum of 12 feet from internal roadways.
(6)
Directional signs are permitted on all internal roadways. Directional signs shall be consistent with each other and the tract's other signage.
(7)
Numbers indicating the addresses of the multifamily residential buildings are permitted to be hung on the exterior walls, not to exceed eight square feet and not to protrude more than six inches from the building's surface.
J.
Additional standards.
(1)
Two or more principal uses are permitted on a single tract.
(2)
The multifamily units shall include a recreational amenity, such as a clubhouse or senior center.
(3)
To the extent feasible, the existing forested areas of the tract shall be maintained.
(4)
Access roads to the tract shall be permitted from Southgate Road and/or Ryder Way. No access road shall be permitted to extend from Mountain Avenue.
(5)
Surface parking lots shall include landscaped medians and/or islands.
(6)
For surface parking areas associated with multifamily structures, a minimum of 10% of the surface area shall be landscaped and shall include one shade tree for every 20 parking spaces.
(7)
Multifamily buildings shall not contain more than 135 units.
(8)
No building shall be in excess of 400 feet in length. However, any building in excess of 200 feet shall have significant articulation and offsets so as to not create a monolithic and overbearing aesthetic.
(9)
No dwelling unit and/or room intended for human habitation shall be located in a basement, cellar or attic, with the exception that a townhouse structure may have a basement/cellar that contains a family room or recreation room.
(10)
Generator power is required for the multifamily clubhouse and elevators.
§ 310-42 CCRCO Continuing Care Retirement Community Overlay.
A.
Purpose.
(1)
The purpose of the Continuing Care Retirement Community Overlay (CCRCO) District, which covers Block 320, Lot 18.01 (comprising approximately 24.6 acres), is to:
(2)
This district is an overlay zone, so that the uses permitted in the Technology and Business Innovation Zone I are also permitted, in accordance with the terms of that ordinance section.[1] The intent of this overlay zone is to have the CCRC developed as a single entity. Should any Borough ordinance or section be in conflict or inconsistent with the standards contained in this section, the terms of this section shall take precedence.
C.
Permitted accessory uses:
(1)
Continuing care retirement community accessory uses.
(2)
Off-street parking and loading, including garages and structured parking above and below grade.
(3)
Signs.
(4)
Solar installations.
(5)
Electric vehicle charging infrastructure.
(6)
Private recreation buildings and facilities.
(7)
Uses customarily incidental to the principal use.
D.
Bulk standards. The bulk standards set forth in the following table shall apply to the CCRCO District:
CCRCO Continuing Care Retirement Community Overlay Bulk Standards | ||
|---|---|---|
Minimum lot area | 20 acres | |
Minimum lot width | 300 feet | |
Minimum building setbacks | ||
From Mountain Avenue | 100 feet | |
From Southgate Road | 100 feet | |
From Ryder Way | 100 feet | |
From existing R1 Zone boundary, along the northerly rear lot line of Block 320 Lot 18.01 | 200 feet | |
There shall be no setback requirement along the boundary line of any adjacent CCRC development | ||
Maximum building height | ||
Principal structure | 1) | Maximum of 6 stories (exclusive of up to 2 partial building levels below the 6 stories of the structure, and a building level shall be deemed to be a partial building level, and not a story, if (x) its floor area devoted to human habitation (and excluding the floor area of parking facilities) contains no more than 40% of the floor area of the footprint of the building of which it is a part, (y) no more than 50% of the total area of its perimeter elevations is exposed, i.e., visible from the exterior, and (z) none of the exposed elevations face Mountain Avenue); and |
2) | Maximum height of 80 feet measured to the highest point of the roof, and from the finished floor elevation immediately above the highest partial building level. | |
Detached accessory structure | 15 feet | |
Maximum building length | 200 feet; provided a building can be up to 340 feet in length if a parking deck is included in the calculations. Attached structures separated by a firewall are deemed to be separate buildings. | |
Maximum building coverage | 40% | |
Maximum improved lot coverage | 60% | |
F.
Increased density. The developer may elect to develop up to, but not greater than, 24 units per acre, in accordance with the method of calculation set forth above in Subsection E(1) and (2); however, in addition to the nonresidential development fee, as set forth in N.J.S.A. 40:55D-8.3, et seq., the developer shall pay an additional $3,000 for each ILU over 17 units per acre and an additional development fee of $1,000 for each HCU over 17 units per acre, as set forth more particularly below in this Subsection F (collectively, the "additional fee") into the Borough's Affordable Housing Trust Fund. One half of the payment of the additional fee shall be due at the time of the application for the building permit, and the balance shall be due prior to the issuance of the certificate of occupancy. The computation of density over which the additional fee becomes payable, and payment of the additional fee, shall be in accordance with the following provisions:
(1)
Threshold density. First, one shall compute the number of units over which the additional payment becomes due (the "threshold density"). Assuming that total area of the subject property is 24.6 acres, the threshold density shall be 418 units (= 17 units/acre x 24.6 acres).
(2)
Counting of units. Second, the number of units is then computed as the CCRC development proceeds, with each ILU counting as one unit, and each HCU counting as 1/3 of a unit.
(3)
Payments of additional fee. After the threshold density is reached, then:
(a)
For each ILU thereafter constructed, an additional fee of $3,000 shall be paid (i.e., $1,500 prior to building permit and $1,500 prior to certificate of occupancy) since, as set forth above, each ILU is the equivalent of one unit for which the additional fee is payable.
(b)
For each HCU thereafter constructed, an additional fee of $1,000 per HCU shall be paid (i.e., $500 for each HCU prior to building permit and $500 for each HCU prior to certificate of occupancy) since, as set forth above, each HCU is the equivalent of 1/3 of a unit for which the additional fee is payable.
(4)
Examples. The following examples assume total acreage of 24.6 acres and build-out of 540 ILU's and 108 HCU's.
(a)
Example 1 - Calculation of permitted density. The 540 ILU's and 108 HCU's constitute, in accordance with Subsection E, a total of 576 units for purposes of calculating permitted density (576 units = 540 ILU's + (108 HCU's/3)). At a maximum density of 24 units/acre, the total number of permitted units, based on assumed acreage of 24.6 acres, is 590 (= 24 units/acre x 24.6 acres). Therefore, the 540 ILU's and 108 HCU's are permitted, as they represent 576 units, i.e., less than the 590.
(b)
Example 2 - Calculation of additional fee. If 108 HCU's are first built, then since they each count as 1/3 of a unit, they will be treated as 36 units (= 108/3). Therefore, the threshold density of 418 units will be reached upon construction of 382 ILU's (= 418 - 36). Thereafter, when an additional 158 ILU's are constructed, for the above total of 540 (= 382 + 158), the additional fee of $3,000/ILU shall be paid for each of said 158 ILU's in excess of the threshold density, for a total additional fee of $474,000 (= 158 ILU's x $3,000/ILU), all payable at one-half prior to building permit and one-half prior to certificate of occupancy.
(c)
Example 3 - Calculation of additional fee. If 418 ILU's are initially constructed, then the threshold density of 418 units will have been reached. If thereafter, 108 HCU's are built, an additional fee of $1,000/HCU shall be paid for each of said 108 HCU's, i.e., an additional fee of $108,000. And if thereafter, 122 ILU's are constructed, bringing the total to 540 ILU's (= 418 + 122), then an additional fee of $3,000/ILU shall be paid for each of said 122 ILU's, i.e., an additional fee of $366,000 (= 122 ILU's x $3,000/ILU), for a total additional fee of $474,000 (= $108,000 + $366,000), all payable at one-half prior to building permit and one-half prior to certificate of occupancy.
(d)
Example 4 - Maximum additional fee. If 540 ILU's and 108 HCU's are constructed on 24.6 acres, then the maximum, total additional fee shall be $474,000 computed as follows:
(540 ILU's + (108 HCU's/3) - 418) x $3,000 = (540 + 36 - 418) x $3,000 = 158 x $3,000 = $474,000 [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] |
G.
Parking.
(2)
The minimum number of parking spaces for the entirety of a CCRC, including for all of its visitors and employees, and all of its components (such as physical rehabilitation facilities, business and medical offices, and dining spaces) shall be based only on the following ratios:
(a)
Parking for the ILU's within the CCRC development shall comply with Table 4.4 in the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1, et seq., ("RSIS"), at 1.3 parking spaces per ILU where the number of bedrooms per unit is not shown on the site plan, N.J.A.C. 5:21-4.14; and
(b)
Parking for the HCU's shall be governed by the long-term care facilities requirement (one parking space for each two beds), all subject to such relief as may be granted under RSIS, including de minimis relief under N.J.A.C. 5:21-3.1, and under the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Setback: parking shall be allowed in any yard, subject to a seventy-foot setback requirement.
H.
Fences. Fences shall conform to the Borough's fence ordinance, found in § 310-19, except that fences eight feet in height shall be permitted around the memory care center, and all fences shall be located outside of the required front, side, and rear yard setback areas, except as otherwise required by law.
I.
Additional zone standards.
(1)
Principal buildings: multiple principal buildings shall be allowed on a single lot.
(2)
Except for stormwater management facilities, utilities, streetlighting, and signage (including related signage lighting), accessory structures shall abide by all setback requirements as established herein.
(3)
To the extent feasible, existing forested areas within required setbacks shall be maintained.
(4)
Any access points to the CCRC development (tract) from Southgate Road, north of Ryder Way would be designated as emergency access only.
(5)
Generators shall be required to provide back-up electric service to the following life safety improvements in common areas: Elevators, fire alarms, egress/access control doors, egress lighting, eyewash station lighting, and mechanical room lighting.
§ 310-43 Riparian Zone Overlay.
A.
The intent of this section is to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of the Borough; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within the Borough; to protect the riparian and aquatic ecosystems of the municipality; to provide for the environmentally sound use of the land resources of the Borough, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Riparian zone protection. Riparian zones adjacent to all waters as described below in this subsection shall be protected from avoidable disturbance:
(1)
The riparian zone is 300 feet wide along both sides of any Category One water, and all upstream tributaries situated within the same HUC 14 watershed.
(2)
The riparian zone is 150 feet wide along both sides of the following waters not identified in Subsection B(1) above:
(a)
Any trout production water and all upstream waters (including tributaries);
(b)
Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water;
(c)
Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the regulated water for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and
(d)
Any segment of a water flowing through an area that contains acid producing soils.
C.
Exceptions.
(1)
The following disturbances are excepted:
(a)
Redevelopment within the limits of existing impervious surfaces; and
(b)
The Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), Subchapter 7, Permits by Rule, establishes permits-by-rule for certain regulated activities. This article hereby adopts by reference said Subchapter as it exists at the time of passage of this chapter and as it may be modified from time to time, as a means of allowing regulated activities in the riparian zone without any other permits or approvals, except as may be required by any other provisions of this Code (e.g., lot grading, tree removal, zoning, site plan). In addition, any permit-by-rule provision that requires notification to the New Jersey Department of Environmental Protection shall also be copied to the Borough Engineer.
(c)
New disturbance in the riparian zone necessary to protect public health, safety or welfare; to provide an environmental benefit; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment.
(2)
An exception to any of the disturbances listed in Subsection C(1)(a) and (b) above shall be granted by the Borough Engineer upon proof, in the case of Subsection C(1)(a), by virtue of submission of appropriate maps and drawings, that the proposed redevelopment is within the limits of impervious surfaces that existed at the time of passage of this chapter, or, in the case of Subsection C(1)(b), that it complies with the requirements of the applicable NJDEP regulations. Application for an exception under Subsection C(1)(a) and (b) above shall be made in the form of an application for a lot grading permit.
(3)
An exception to any of the disturbances listed in Subsection C(1)(c) above shall be granted by the Planning Board upon proof, by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance protects public health, safety or welfare; provides an environmental benefit; prevents extraordinary hardship on the property owner peculiar to the property; or prevents extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. The Board of Adjustment shall have the power to grant these same exceptions if an exception is sought in conjunction with an application required to be heard by it in accordance with N.J.S.A. 40:55D-1 et seq. (Municipal Land Use Law).
D.
Adjustments. Adjustments to the riparian zones established by this article are allowed to the extent they comply with the Stormwater Management Rules (N.J.A.C. 7:8), and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13).
§ 310-44 Steep slopes.
A.
Purpose. According to the Soil Conservation Service, United States Department of Agriculture, soils with a slope of 15% or greater invariably involve severe limitations to development, including but not limited to building and road construction and septic effluent disposal. Moreover, it is found that the removal of vegetation and disturbance of soils in steep slopes by excavation and fill will increase runoff and result in soil erosion and siltation with the resultant pollution of streams as well as the potential danger of flooding and water drainage, thereby having the potential of endangering public and private property and life, and that this condition is aggravated by soil disturbance, construction and development of these slopes which create an additional hazard to the lives and property of those dwelling on the slopes and below them. Accordingly, it has been determined that a major objective of the Borough's zoning regulations should be the protection of areas of steep slopes. To this end, the following requirements and limitations are established:
B.
Limits on disturbance.
(1)
Slopes of 25% or greater shall remain undisturbed, except that any applicant shall be permitted to disturb slopes of greater than 25% in accordance with the following:
(a)
Each application is permitted to have a disturbance of slopes greater than 25%, not to exceed 1% of the slope area in excess of 25% or 10,000 square feet, whichever is less; except that
(2)
Not more that 20% of slopes ranging from 20% to 25% shall be disturbed, and the area of disturbance of such slope area shall not exceed 5% of the total lot area.
(3)
Not more than 30% of slopes ranging from 15% to 20% shall be disturbed, and the area of disturbance of such slope area shall not exceed 10% of the total lot area.
§ 310-45 Certain permitted uses.
A.
Portable home storage units (PODs).
(1)
A portable home storage (POD) unit may be placed upon any property only upon the issuance of a permit by the Zoning Officer.
(2)
Permits will be granted for a period of 90 days. At the expiration of the ninety-day period, the permittee may seek one extension of the permit for up to an additional 90 days for an additional fee.
(3)
PODs are prohibited from being placed in streets or in front yards of a property. POD units must be kept in the driveway of the property at the furthest accessible point from the street. All locations must be paved off-street surfaces. In addition to the permit required above, the applicant must obtain pre-approval from the Zoning Officer in the following situations:
(4)
This section shall be enforced by the Police Department and the Zoning Officer.
B.
Child-care centers. Child-care centers are permitted uses in all nonresidential zones in accordance with the following requirements:
C.
Community residences. Community residences for persons with developmental disabilities, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and adult family day care homes for persons who are elderly or who have a disability.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
In accordance with N.J.S.A. 40:55D-66.1, such use, as defined in this chapter, shall be a permitted use in all residential zoning districts in accordance with the following requirements:
(a)
The requirements shall be the same as for single-family dwelling units located within such districts.
(b)
The facility contains 15 or fewer occupants, excluding staff.
(c)
The facility is licensed by the State of New Jersey in accordance with the standards described at N.J.S.A. 40:55D-66.1 and 66.2.
D.
Essential services.
(1)
Essential services, as defined in § 310-6, are permitted in all zoning districts and shall not be required to be located on a lot, nor shall this chapter be interpreted to prohibit the use of a property in any zone for the above uses.
(2)
Essential services shall not be subject to the bulk standards of this chapter.
E.
Small wind energy systems.
(1) METEOROLOGICAL TOWER or MET TOWER OWNER ROTOR DIAMETER SMALL WIND ENERGY SYSTEM SYSTEM HEIGHT TOTAL HEIGHT IN RELATION TO A WIND ENERGY SYSTEM TOTAL ROOF MOUNTED STRUCTURE HEIGHT TOWER TOWER HEIGHT WIND ENERGY SYSTEM WIND GENERATOR
Definitions. The following definitions shall apply to this section.
A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
An individual or entity that intends to own and operate the small wind energy system in accordance with this section.
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975,c. 217 (N.J.S.A. 52:27D-119 et seq.) and technical bulletins issued pursuant to Section 2 of P.L. 2009, c. 244 (N.J.S.A. 40:55D-66.13), and which will be used primarily for onsite consumption.
The height above grade of the tower plus the wind generator.
The vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.
The highest point above the main roof structure, not including architectural features such as a chimney, cupola, and similar type features, reached by a rotor blade in the vertical position, or any other part of the structure.
A monopole, freestanding, or guyed structure that supports a wind generator.
The height above grade of the fixed portion of the tower, excluding the wind generator.
A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
(2)
Residential zones. Roof-mounted small wind energy systems are conditionally permitted in residential zones pursuant to the conditional use standards found in § 310-46. Ground-mounted wind energy systems are not permitted in any residential zones.
(3)
Commercial zones. Roof- and ground-mounted small wind energy systems are conditionally permitted in commercial zones pursuant to the Conditional Use standards found in § 310-46.
(4)
Industrial zones. In accordance with N.J.S.A. 40:55D-66.11, small wind energy systems are permitted accessory uses in all industrial zones within the Borough.
(5)
Standards relevant to all installations.
(a)
Electrical wires. All wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
(b)
Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration and is subject to Planning Board and Board of Adjustment approval as part of the site plan process.
(c)
Appearance, color and finish. The wind generator and tower shall be non-obtrusive and shall be painted or finished so as to minimize their visual impact on the surrounding landscape.
(d)
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower building, or other structure associated with a small wind energy system visible from any public road shall be prohibited. Small wind energy systems shall not be used for displaying any advertising except for small and reasonable identification of the manufacturer or operator of the system. In no case shall any identification sign be visible from a property line.
(e)
Code compliance. A small wind energy system including tower shall comply with all applicable construction and electrical codes, and the National Electrical Code.
(f)
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 I Renewable Energy Systems.
(g)
Met towers shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
(h)
For wind speeds in the range of 0-25 mph, the noise level of any small wind energy system shall not:
[1]
Exceed 60 dBA measured from any property line; or
[2]
Be in the excess of 5 dBA above the background noise, whichever is greater, as measured at the closest neighboring inhabited dwelling. The measurement will be taken downwind of the turbine to account for the cancelling effect of the sound of the wind itself. The provisions within this section shall not be applicable to the increased sound levels during the occurrence of short-term events such as storms and utility outages.
(6)
Approval requirements.
(a)
Site plan approval. Site plan approval from the Planning Board or Board of Adjustment, as appropriate, shall be required for the installation of a small wind energy system.
(b)
Documents. The site plan application shall be accompanied by a plot plan, which includes the following:
[1]
Property lines and physical dimensions of the property.
[2]
Location, dimensions, and types of existing structures on the property.
[3]
Location of the proposed small wind energy system.
[4]
The right-of-way of any public road that is contiguous with the property.
[5]
Any overhead utility lines.
[6]
Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type.
[7]
Stamped, engineered tower and tower foundation drawings.
[8]
Noise levels of the proposed wind energy system at all property lines and at the closest neighboring inhabited dwelling.
[9]
A visual site distance analysis must be submitted, including all photos of the subject property, that graphically simulates the appearance of any proposed small wind energy system and indicating its view from at least five locations around and within one mile of the proposed tower.
(7)
Expiration. A permit issued for an application approved by the Planning Board or Zoning Board of Adjustment, if appropriate, shall expire if:
(8)
Abandonment.
(a)
A small wind energy system that is out of service for a continuous eighteen-month period will be deemed to have been abandoned.
(b)
The Administrative Officer 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.
(c)
The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(d)
If the owner provides information that demonstrates the small wind energy system has not been abandoned, the Administrative Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(e)
If the Administrative Officer 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.
(9)
Violations. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this chapter.
(10)
Administration and enforcement.
(a)
This subsection shall be administered by the Administrative Officer or other official as designated.
(b)
The Administrative Officer may enter any property for which a permit has been issued under this subsection to conduct an inspection to determine whether the conditions stated in the permit have been met.
(c)
The Administrative Officer may issue orders to abate any violation of this subsection.
(d)
The Administrative Officer may issue a citation for any violation of this subsection.
(e)
The Administrative Officer may refer any violation of this subsection to legal counsel for enforcement.
F.
Solar energy systems.
(1)
Purpose. The primary purpose of the solar energy system will be to provide power for the principal use of the property whereon the said system is to be located and shall not be for the generation of power for commercial purposes for resale, other than as permitted by net metering laws. Solar energy systems shall be permitted as a conditional use in all zones in the Borough of New Providence in accordance with the following standards.
(2)
Residential zones.
(a)
Roof-mounted solar energy systems, shall be permitted on residential buildings provided the systems are in accordance with the following:
[1]
In no event shall the placement of the solar panels result in the total height, including the building and panels, exceeding what is permitted in the zoning district.
[2]
In no instance shall any part of the system extend beyond the edge of the roof.
[3]
If solar systems are attached to accessory buildings, then such systems shall not be located in the front yard and shall not be less than six feet from any property line.
[4]
Rooftop installations must not interfere with any operation of plumbing fixtures protruding from the rooftop level as required by the New Jersey Plumbing Codes.
(b)
Ground-mounted solar energy can be located in the residential zones in accordance with the following:
[1]
Shall not be located within any front yard, easements, or utility line or along the front wall of the principal building.
[2]
Such systems shall maintain the side and rear yard setbacks as stipulated within the respective zoning district.
[3]
Ground-mounted solar energy systems shall not exceed 400 square feet.
[4]
Such systems shall not exceed 10 feet in height.
[5]
Adequate screening in the form of four seasons planting shall be provided along the property line.
[6]
Ground mounted solar energy systems shall not be categorized as accessory buildings.
[7]
Systems shall be located and installed so that the sun glare is directed away from an adjoining property line or public right-of-way.
[8]
System shall be designed by using materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
(c)
Utility notifications and interconnection. Solar systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems in accordance with the Board of Public Utilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Commercial and industrial zones.
(a)
Roof mounted solar energy system on nonresidential properties shall be in accordance with the following:
[1]
In no instance shall any part of the system extend beyond the peak of the roof, extend beyond the maximum height of the roof line or exceed the maximum height permitted for principal buildings in the respective zone.
[2]
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend into the natural setting and existing environment.
[3]
Rooftop installations must not interfere with any operation of plumbing fixtures protruding from the rooftop level as required by the New Jersey Plumbing Codes.
[4]
All applicable building codes must be followed.
[5]
If located on a flat roof, then adequate screening should be provided to eliminate visibility from the public right-of-way, parking lots, and adjacent property. Sight line drawings depicting the visual sight lines from the right-of-way, parking lot, and adjacent properties should be provided at the time of site plan review.
(b)
Ground-mounted solar energy systems provided:
[1]
Solar panels may be installed on a ground-mounted apparatus only on lots with a minimum lot size of five acres.
[2]
Solar panels shall not be located within front yards, easements or utility lines, or along the front facade of the building.
[3]
Such systems shall not exceed 10 feet in height.
[4]
Systems shall be located and installed so that the sun glare is directed away from an adjoining property line or public right-of-way.
[5]
Systems shall be designed by using materials, colors, textures, screening, and landscaping that will blend into the natural setting and existing environment.
(4)
Solar energy commercial operations are prohibited as a principal use. These are systems whose main purpose is to generate energy back into the energy grid systems rather than being consumed on site.
(5)
Signs. There shall be no signs that are visible from any public road posted on a solar energy system or any associated building, except for the manufacturer's or installer's identification in accordance with Subsection F(7) below, appropriate warning signs or owner identification. Solar energy systems shall not be used for displaying any advertising except for small and reasonable identification of the manufacturer or operator of the system. In no case shall any identification sign be visible from a property line.
(6)
Utility notifications and interconnection. Solar systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards in accordance with the Board of Public Utilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7)
Labeling requirements. A minimum of one sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels on the interconnection cabinet of the solar energy system:
(a)
The maximum power output of the system.
(b)
Nominal voltage and maximum current.
(c)
Manufacturer's name, address and telephone number, serial number and model number.
(d)
Emergency and normal shutdown procedures.
(e)
Should the solar energy system interconnection cabinet be located on the inside of a structure, a sign notifying the existence of a solar energy system shall be placed on the outside of the building, near the electrical and/or gas meter in order to notify emergency personnel of the solar energy system.
(8)
Standards for and regulation of solar energy system.
(a)
Construction. Solar energy system construction shall be in accordance with the appropriate sections of the Basic Building Code as adopted and as currently amended, by the State of New Jersey and any future amendments and/or revisions to same.
(b)
The installation of a solar energy system shall conform to the National Electric Code as adopted by the NJDCA and/or any other applicable agency with jurisdiction. The installation of a solar energy system is subject to any and all the electric utility company's requirements for interconnection, its successors and assigns, and/or designated by state authority, in perpetuity.
(c)
The 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 design complies with all the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.
(d)
Utility company notification. The appropriate electric utility company, its successors and assigns, and/or as designated by state authority, shall be notified in writing by the applicant of any proposed interface to the company's grid prior to installing such interface and shall conform to any legislated requirements governing installations of solar energy systems so as to comply with the utility tariff specifications. Evidence of such notification shall be submitted at time of application for conditional use approval and building permit.
(9)
All electric/utility lines shall be located underground. All electric and utility lines leading down the side of the structure from rooftop installations shall be placed and tacked as aesthetically as possible.
(10)
Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. Although the Borough of New Providence may to an extent possible attempt to mitigate or prevent the occurrence or cause shadows or operating ineffectiveness of existing solar energy systems, the approval of any solar energy system granted by the Borough of New Providence under this article shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the Borough of New Providence or by any other officer or employee thereof for any future claims against said issuance of approval of the solar energy system that results from reliance on this article or any administrative decision lawfully made there under.
(11)
No equipment, framing or other materials directly related to solar operations for any residential or commercial use shall be abandoned in place and whereby after a unit is non-functional or no longer in use, it must be dismantled and removed in its entirety within 120 days.
(12)
Approval requirements.
(a)
Site plan approval. Site plan approval from the Planning Board or Board of Adjustment, as appropriate, shall be required for the installation of a solar energy system.
(b)
Documents. The site plan application shall be accompanied by a plot plan, which includes the following:
[1]
Property lines and physical dimensions of the property.
[2]
Location of the proposed solar energy system.
[3]
The right-of-way of any public road that is contiguous with the property.
[4]
Any overhead utility lines.
[5]
Manufacturer solar energy system specification/cut sheets certified by a licensed New Jersey Engineer, including manufacturer and model.
[6]
A visual site distance analysis must be submitted, including all photos of the subject property, that graphically simulates the appearance of any proposed solar energy system and indicating its view from at least five locations around the property.
[7]
Notification of utility company for interconnection purposes.
[8]
The documents and plans shall contain enough information and accurately depict the installation of the solar energy system for the Borough of New Providence to make a formal decision on the application. The amount of information and accuracy of information shall be in the sole judgment of the Administrative Officer.
(13)
Expiration. A permit issued for an application approved by the Planning Board or Zoning Board of Adjustment, if appropriate, shall expire if:
(14)
Administration and enforcement.
(a)
This subsection shall be administered by the Administrative Officer or other official as designated.
(b)
The Administrative Officer may enter any property for which a permit has been applied for and/or issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.
(c)
At the discretion of the Administrator and/or Borough of New Providence Construction Office for which a zoning, building and/or electrical permit was obtained, as applicable, the Borough reserves the right to require the applicant to obtain and submit an "as-built" survey upon completion of the solar energy system evidencing the exact location and height of the structures to ensure said installation is made in accordance with the requirements of the Borough of New Providence.
(d)
The Administrative Officer may issue orders to abate any violation of this subsection.
(e)
The Administrative Officer may issue a citation for any violation of this subsection.
(f)
The Administrative Officer may refer any violation of this subsection to legal counsel for enforcement.
(15)
Violations.
(a)
It is unlawful for any person to construct, install, or operate a solar energy system that is not in compliance with this subsection.
(c)
Nothing in this section shall be construed to prevent the Borough Council and/or Administrative Officers of the Borough of New Providence from using any other lawful means to enforce this subsection.
(d)
Any solar energy systems installed prior to the adoption of this subsection are exempt from the provisions of this chapter.
G.
Wireless communication facilities. The purpose of this subsection is to establish general guidelines for the siting of wireless telecommunications towers and antennas. Review of all wireless telecommunications facilities, whether a permitted use, conditional use, or use variance application shall comply with the following standards.
(1)
The goals of this section are to:
(a)
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential areas.
(c)
Minimize the total number of towers throughout the community.
(d)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(e)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse visual impact on the community is minimal.
(f)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques.
(g)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
(h)
Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures. In furtherance of these goals, the appropriate land use agency shall give due consideration to the Borough's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
(2) WIRELESS COMMUNICATIONS SUPPORT STRUCTURE WIRELESS TELECOMMUNICATIONS COLLOCATION WIRELESS TELECOMMUNICATIONS EQUIPMENT WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER (WT SERVICE PROVIDER) WIRELESS TELECOMMUNICATIONS TECHNOLOGY (WT TECHNOLOGY)
Definitions. As used in this section, the following terms shall have the meanings indicated:
A structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, a self-supporting lattice tower, guyed tower, water tower, utility pole, or building.
To place or install wireless communications equipment on a wireless communications support structure that is legally existing and complies with the MLUL at N.J.S.A. 40:55D-46.2.
A set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cabling, and coaxial and fiber optic cable, but excluding wireless communications support structures.
An area surrounding or adjacent to the base of a wireless communications support structure within which is located wireless communications equipment.
Any person, business organization, or other entity of any kind, whether public or private, which seeks to install, operate, or maintain any combination of WT technology within the boundaries of the Borough of New Providence, or which already operates or maintains such WT technology as of the effective date of this chapter.
Collectively WT antennas, WT equipment, WT equipment compound and WT towers.
(3)
General requirements.
(a)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. Commercial wireless telecommunications antennas shall be considered a principal use unless used exclusively in conjunction with the operation of another principal use on the same property. In zones where standalone towers are permitted, such lots shall be permitted to have multiple principal uses/structures on a single lot as it relates to wireless telecommunication facilities.
(b)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for development approvals under this chapter or other organizations seeking to locate antennas within the jurisdiction of the Borough; provided, however, that the sharing of such information shall not in any way constitute a representation or warranty that such sites are available or suitable.
(c)
Aesthetics. Towers and antennas shall meet the following requirements:
[1]
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
[2]
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings as well as resemble the architectural style of residential dwellings which may be proximate to the site.
[3]
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(d)
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to surrounding views and shall be subject to applicable lighting standards as are elsewhere contained within the Borough ordinances.
(e)
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations in accordance with law within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(f)
Signs. No signs shall be allowed on an antenna or tower, unless as required by the FAA, the FCC, or any other agency of the state or federal government with the authority to regulate towers and antennas.
(4)
Siting preference.
(a)
If the applicant demonstrates that it is reasonably necessary to install, construct, erect, move, reconstruct, or modify an antenna within the Borough of New Providence, then, subject to all other permitted conditional use standards, the proposed antenna may be located upon an existing building or other structure.
(b)
If the applicant demonstrates that an antenna location on an existing structure is not feasible, then the proposed antenna may be located or collocated upon an existing tower.
(c)
If the applicant demonstrates that collocation on an existing tower is not feasible, then the proposed antenna may be constructed on a new tower, subject to all conditions and standards set forth in this chapter.
(5)
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower, or request a hearing, within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(6)
Applications to collocate wireless communications equipment.
(a)
An application for development to collocate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall not be subject to site plan review provided the application meets the following requirements:
[1]
The wireless communications support structure shall have been previously granted all necessary approvals by the appropriate approving authority.
[2]
The proposed collocation shall not increase:
[a]
The overall height of the wireless communications support structure by more than 10% of the original height of the wireless communications support structure;
[b]
The width of the wireless communications support structure; or
[c]
The square footage of the existing equipment compound to an area greater than 2,500 square feet.
[3]
The proposed collocation complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required.
(7)
Site plan requirements. In addition to compliance with all applicable zoning and site plan requirements, applications for approval of wireless technology shall include the following:
(a)
An access road, turnaround, and one parking space, as may be necessary to provide adequate emergency and service access, using existing roads, public or private, to the maximum extent practicable.
(b)
The color or colors of the proposed wireless technology equipment.
(c)
A Visual Environmental Assessment Form ("Visual EAF") with particular attention given to the visibility of the proposed wireless technology equipment from key viewpoints identified in the Visual EAF, existing tree lines, and proposed elevations.
(d)
A map of existing wireless technology within the Borough of New Providence, which is owned, leased or otherwise under the custody, control, or use of the applicant at the time of application, and of sites within the Borough of New Providence where wireless technology is proposed or projected to be installed, constructed, erected, moved, reconstructed and/or modified by or for the benefit of the applicant within the next two years.
(e)
A certified load analysis report for the building, structure, existing wireless technology tower, or proposed wireless technology tower upon which a wireless technology antenna is proposed to be located, indicating its ability to support possible future, collocated wireless technology antennas.
(f)
The approving authority may waive any of these requirements, for good cause shown, where an application is made to locate the proposed wireless technology antenna upon an existing building, structure, or wireless technology tower.
H.
Sidewalk sales. The sale of goods and commodities outside the confines of a building in the CCD, C1 and C2 Districts may be permitted by the Borough Council in connection with a district-wide promotion by the Chamber of Commerce or other recognized merchants association, conditioned upon application to the Borough Council, 15 days prior to the scheduled event, by the sponsoring organization and further conditioned upon the limitation that such goods and commodities will be offered only in an area contiguous to the building in which the merchant offering said items for sale does business and provided that the same shall not be conducted for more than three continuous business days, exclusive of Sunday.
§ 310-46 Conditional uses.
A.
General. Conditional uses shall be governed as provided below. An applicant shall demonstrate compliance with the specific conditions associated with each use. The Planning Board or Zoning Board as appropriate shall review a conditional use application in the manner set forth at N.J.S.A. 40:55D-67 and Chapter 291 of the Borough's Code. All applications for conditional use require site plan review by the Planning Board or Zoning Board as appropriate.
B.
Automobile service stations and repair establishments. The location, relocation or enlargement of automobile service stations and repair establishments shall be permitted upon authorization by the approving authority in accordance with the following conditions and site plan review.
(1)
No such use shall be located within 1,000 feet of any existing automobile service station or repair establishment.
(2)
No such use shall be located within 150 feet of any residential district or use.
(3)
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
(4)
All repair operations shall be conducted within a building.
(5)
All vehicle parking or storage spaces shall be delineated on the site plan. No vehicle parking or storage shall be permitted outside of the delineated space overnight.
(6)
All tanks shall be underground.
(7)
No vehicle shall be parked, or parking spaces provided within 10 feet of any street or roadways.
(8)
Fuel pumps shall be permitted within the required front yard but in no event closer than 15 feet to street lines, property lines and road-widening easement lines. Canopies above fuel pump islands may extend within 10 feet of a street line.
(9)
The sale or rental of any vehicles or used cars is prohibited.
C.
Places of worship/institutional and public uses/membership and fraternal organizations. Places of worship/institutional and public uses/membership and fraternal organizations may be permitted upon authorization by the approving authority in accordance with the following standards and site plan review.
(1)
Such uses shall be located on a minimum lot area of two acres.
(2)
All vehicular entrances and exits shall be clearly visible from the street, and pedestrian crossing shall be clearly marked.
(3)
All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic, and adequate walkways shall be provided.
(4)
Outdoor play areas shall be adequately separated from vehicular circulation and parking areas as approved by the approving board.
(5)
Ancillary uses such as schools, rectories, convents and other accessory uses for religious and/or sectarian activities shall not be permitted as a freestanding use. Said ancillary uses shall only be permitted when proximate to and accessory to the permitted principal conditional use, e.g., the place of worship.
(6)
No building shall exceed 35 feet in height, with the exception of the height exceptions pursuant to § 310-18.
(7)
All off-street parking provided within 20 feet of any property line shall be protected from adverse impact upon adjacent properties through a visual screen of planting not less than four feet high, of a type or types of planting approved by the approving board.
D.
Small wind energy systems.
(1)
Residential zones. Roof-mounted wind energy systems, whose primary purpose is to provide power for the principal use of the property whereon the said system is to be located and shall not be for the generation of power for commercial purposes for resale, can be located in residential zones in accordance with the following:
(a)
The minimum distance between a roof-mounted wind energy system and a property line shall be equal or greater than the minimum setbacks applicable to the building on which the system sits.
(b)
The total height of the roof mounted structure shall not exceed five feet above the ridge of the roof. The said system shall not be placed on top of any architectural features such as cupola, chimney etc.
(c)
No portion of the roof mounted wind energy system shall extend beyond the edge of the building to which it is attached.
(d)
Small decorative wind turbines: Small wind turbines less than one meter in diameter that use direct current solely for decorative or yard lighting are exempt from the above-mentioned requirements.
(2)
Commercial zones.
(a)
Roof-mounted small wind energy systems are conditionally permitted in commercial zones pursuant to the standards of Subsection D(1) above.
(b)
Ground-mounted small wind energy systems are conditionally permitted in commercial zones pursuant to the following standards:
[1]
Minimum lot size. The minimum lot size for a small wind energy system shall be five acres.
[2]
Setbacks. A wind tower for a small wind energy system shall not be located within any front yard, easements or utility line, and shall maintain a setback of the underlying zone. No portion of the wind generator shall extend beyond the setback line, or into the following:
(c)
Pole mounted wind towers shall not be higher than 25 feet in accordance with the definition of "tower height" in § 310-45.
(d)
Access.
[1]
All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
[2]
The tower shall be designed and installed so as to not provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
E.
Wireless communication facilities. Wireless communication facilities may be permitted upon authorization by the approving authority in accordance with the following standards and site plan review.
F.
Long-term care facility. Long-term care facilities may be permitted upon authorization by the approving authority in accordance with the following standards and site plan review.
§ 310-47 Nonconforming uses, structures, and lots.
A.
Continuation. A use, building or structure lawfully in existence on the date hereof, which shall be made nonconforming by the passage of this chapter, or any applicable amendment thereto may be continued, except as otherwise provided in this article.
B.
Discontinuance of abandoned nonconforming uses. Any nonconforming use that has been deemed to be abandoned shall lose its status as a preexisting nonconforming use.
C.
Alteration, extension, or enlargement of nonconforming use or structure.
(1)
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended, or changed in any manner whatsoever.
(2)
No building in which a nonconforming use exists shall be enlarged, extended, or structurally altered in any manner; provided, however, that:
(a)
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
(b)
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended, or enlarged thereby.
(c)
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
(3)
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking, or other like requirements of this chapter, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure. No structural alterations shall be made which would increase the number of dwelling units.
(4)
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use without application and site plan approval by the Board.
D.
Restoration of preexisting buildings or structures nonconforming because of use. Any nonconforming building or structure sustaining damage to less than 50% (as determined by the Borough Construction Official) of its previous existing floor area may be restored, reconstructed, or used as before, provided that the floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within one year after damage occurs, or such use shall not be rebuilt except as a conforming use.
E.
Restoration of preexisting buildings or structures which are nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking, or requirements of this chapter, other than use, and such building is partially destroyed (up to 50% as determined by the Borough Construction Official), such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
F.
Nonconforming improved lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and such improved lot is nonconforming due to size, shape, area or setback; any existing residential building or structure on the lot may be further improved, provided that:
(1)
The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone.
(2)
Any preexisting nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming, including any vertical additions of any type.
(3)
Any existing and proposed improvement on the preexisting nonconforming improved lot shall not exceed the percentage of building or impervious coverage set forth in this chapter.
(4)
The Borough Construction Official of the Borough of New Providence is hereby authorized and empowered to administratively approve such application and issue any necessary construction permits in accordance with the provisions of this section.
G.
Nonconforming unimproved lot.
(1)
Notwithstanding any other provision of this chapter, for development applications that do not require subdivision or site plan approval, any preexisting nonconforming lot not adjoining any vacant land or vacant lot of the same owner, and which is nonconforming due to shape, or area may be improved with a new building or structure in accordance with the use requirements of this chapter.
(2)
Should a new building or structure be proposed on a preexisting nonconforming lot in accordance with Subsection G(1) above, and should all of the minimum requirements as set forth in this chapter be met, the Borough's Department of Planning and Development officials are hereby authorized and empowered to administratively approve such application and issue any necessary construction permits in accordance with the provisions of this section.
§ 310-48 Off-street parking and loading requirements; electric vehicle service equipment.
A.
Unscheduled uses. Off-street parking requirements for uses not listed in Schedule IV[1] shall be established by the reviewing Board, based upon accepted industry standards.
[1]
Editor's Note: See § 310-48G(2).
B.
Combined uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use unless it can be demonstrated that staggered hours would permit modification pursuant to Subsection E below.
C.
Fractional spaces. Whenever the application of Schedule IV[2] standards results in a fractional space, any fraction of less than 0.5 may be discarded, while a fraction of 0.5 or greater shall be counted as an additional parking space.
[2]
Editor's Note: See § 310-48G(2).
E.
Shared parking.
(1)
Parking for joint or multiple uses, such as day and night or weekday and weekend may be shared between the uses, provided that sufficient spaces are provided for any period of overlap in use.
(2)
The reviewing Board may approve a shared parking plan with a maximum reduction of 30% from the total combined parking requirement for the participating uses without a need for a variance, if all of the following standards are met:
(a)
The applicant shall submit a parking report to the reviewing Board and must demonstrate that the particular combination of uses and the peak periods of demand for parking and/or loading spaces, as applicable, are such that a lesser number of spaces are necessary to meet the total parking and/or loading needs for the development at all times. Standards such as the Urban Land Institute Shared Parking Report or ITE Shared Parking Guidelines may be of assistance in presenting the case for adequate parking arrangements.
(b)
The applicant must demonstrate that the parking and/or loading spaces are located to be reasonably convenient, safe, and suitable for use by the various uses, buildings, and/or lots involved in the shared parking program.
(c)
In all shared parking arrangements, a building, structure or use for which a shared parking agreement is proposed shall be located within 700 feet walking distances of the shared parking lot, measured from the entrance of the building, structure or use or the nearest parking space within the shared parking lot.
(3)
Shared parking agreement.
(a)
In all shared parking arrangements, the applicant must execute a shared parking agreement as a mechanism that will ensure that the shared parking and/or loading spaces, as applicable, will continue to comply with this section for the life of the development.
(b)
The shared parking agreement shall be dedicated and recorded with the County Clerk's Office as an easement on the land on which the parking facilities are to be located to run with the length of the shared uses.
(c)
The shared parking agreement must include the following sections:
[1]
Use of facilities, describing the nature of the shared use such as times and days of the week.
[2]
Maintenance, describing the responsibility for aspects of maintenance of the facilities between the lessor and the lessee regarding cleaning, striping, seal coating, repair.
[3]
Utilities and taxes, describing responsibility for utilities and taxes.
[4]
Signage, describing signage allowances and restrictions.
[5]
Enforcement, describing facility usage enforcement methods.
[6]
Cooperation, describing anticipated communication methods should conflict arise between parties.
[7]
Insurance, describing insurance requirements for the facilities.
[8]
Indemnification, describing indemnification as applicable and negotiated.
[9]
Termination, describing how to or if this agreement can be terminated and post termination responsibilities.
[10]
Supplemental covenants, as needed.
F.
Access drives and driveways.
(1)
General.
(a)
There shall be adequate provisions for ingress and egress to all parking spaces.
(b)
No access drive or driveway, pathway or any other means of egress or ingress shall be located in any residential zone to provide access to uses other than those permitted in such residential zone.
(c)
In residential zones, driveways shall not be closer than six feet to any rear or side lot line or street side lot line.
(2)
One- and two-family dwellings.
(a)
Access drives or driveways for one- and two-family dwellings shall be located entirely on the lot with the principal building and shall be not less than 10 feet wide and not more than 14 feet wide at the curbline for single driveways or 18 feet for double driveways.
(b)
No more than one driveway entrance is permitted for any one-family dwelling.
(c)
Two driveway entrances may be used for a two-family dwelling where the units are side-by-side divided by a vertical wall with two separate garages located on opposite sides of the structure.
(d)
All access driveways and/or driveways to one- and two-family homes shall be paved to the standards of the Borough Department of Planning and Development.
(3)
All other uses.
(a)
Access drives or driveways shall be paved and not less than 12 feet wide and so designed as to minimize interference with traffic on abutting streets. If customer parking is involved, access driveways shall be at least 20 feet wide, except that if only one-way traffic is permitted, the driveway shall be at least 12 feet wide. In addition, a sidewalk at least six feet wide shall be provided to permit pedestrian ingress and egress to and from the building.
(b)
In the interest of safety, the following requirements with respect to the location and construction of driveways shall apply:
G.
Minimum required off-street parking schedule.
(1)
Affordable Housing Zoning Districts and Overlays that were approved as part of a court order or similar compliance process may have standards that differ from Schedule IV. Where there is conflict between those zoning districts' standards and Schedule IV, the standards of the individual districts shall govern.
(2)
Schedule IV parking requirements:
Type of Use | Required Off-Street Parking |
|---|---|
Residential Uses | |
Single-family | 2 for each dwelling unit, one of which shall be in the garage |
Two-family | 2 for all other dwelling units; 1 space per unit shall be in a garage |
Townhouse | 2 for each dwelling unit, one of which shall be in the garage |
Multifamily | Residential Site Improvement Standards RS Zone: 3/4 space per unit |
Nonresidential Uses | |
Ambulatory health care facility | 10 per building plus 1 per 200 square feet |
Arts center/theater/movie theater | 1 per 100 square feet of gross floor area or 1 for each 3 seats, whichever is greater |
Automobile repair establishment/automobile service station | 4 for each bay plus 1 for every 1 1/2 employees |
Brewery/micro distillery/drinking establishment | 1 per 3 occupants at capacity, as determined by the Uniform Construction Code requirements |
Brewpub/eating establishment/restaurant | 1 for every 3 seats |
Data center | 1 per employee |
Educational (excluding primary and secondary schools) | 1 per employee plus 0.9 per student |
Financial institutions | 1 per 300 square feet |
Funeral home | 10 for each viewing room; minimum 30 spaces |
Health care testing facility | 10 per building plus 1 per 150 square feet |
Hotel | 1 per sleeping room; Restaurants or other amenity space that are open to the public shall be calculated separately |
Hotel with conference facility | 1 per sleeping room, plus 1 space for each 1,000 square feet of conference or similar space; Restaurants or other amenity space that are open to the public shall be calculated separately |
Laboratory/light industrial use | 1 for each 800 square feet of gross floor area |
Long-term care facility | 1 for every 2 beds |
Office (excluding home office) | 1 per 300 square feet of gross floor area |
Personal service/retail service | 1 per 300 square feet of gross floor area |
Places of worship/membership/fraternal organizations | 1 for each 3 seats. Where the specific amount of seating is undetermined, then 1 parking space shall be required for each 250 square feet of assemblage area. |
Recreation/sports facility | 4 per 1,000 square feet of gross floor area |
Restaurant drive-through | 1 per 4 seats |
Retail uses not separately listed | 4 per 1,000 square feet of gross floor area |
School — primary (elementary and intermediate) | 1 per employee or as determined appropriate by the reviewing Board |
School — secondary | 1 per employee plus 5 per classroom or as determined appropriate by the reviewing Board |
Telecom hotel | 1 per 300 square feet of gross floor area |
Veterinary clinic | 1 per 300 square feet of gross floor area |
Veterinary hospital | 6 per doctor |
Wholesale | 1 per 500 square feet of gross floor area |
H.
Parking restrictions in residential zones.
(1)
No commercially licensed motor vehicle, truck, van, trailer, or other equipment shall be parked on a residential property in a residential zone unless completely housed in a garage and sheltered from public view, except as provided hereunder.
(2)
Commercially licensed automobiles, vans, and trucks are permitted to park on a residential property, provided that all of the following conditions are satisfied:
(a)
Such vehicle shall have a single chassis body with not more than four wheels and shall not be more than 20 feet long and eight feet high and shall not exceed 10,100 pounds registered gross vehicle weight (GVWR).
(b)
Only one commercially licensed vehicle which meets all of the above criteria shall be permitted to park on a residential property.
(3)
No trailer designed or used for commercial hauling or transporting, shall be regularly parked or stored on, by or in the vicinity of any lot in any residential district.
(a)
Nothing herein shall be deemed to prohibit a person from parking a commercially licensed vehicle on residential property while such vehicle is being used in the transaction of business with the owner or occupant of the residential property.
(4)
Recreational vehicles shall not be parked or stored on a residential property unless all of the following conditions are satisfied:
(a)
Recreational vehicles may be parked or stored in a garage located on the premises, provided that such garage completely encloses the recreational vehicle.
(b)
If stored outside of a garage, such recreational vehicle shall be stored on a parking area which is in addition to such parking spaces as are required in Schedule IV of this chapter.[3] Such vehicle shall be adequately screened from adjacent properties by a fence, wall, gate, door, hedge, trees, other plant material, landscaping or a combination of such items. Such screening shall be subject to all other regulations set forth in this chapter.
[3]
Editor's Note: See § 310-48G(2).
(c)
No recreational vehicle shall be parked or stored in the front yard of any residential property.
(d)
Only one recreational vehicle shall be permitted to be parked or stored on a residential property.
I.
Electric vehicle supply/service equipment.
(1)
Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of electric vehicle service equipment ("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:
(a)
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
(b)
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(c)
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(d)
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.
(2) CERTIFICATE OF OCCUPANCY CHARGING LEVEL(a) (b) (c) ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station." {Note: Definition is directly from legislation and cannot be changed.}
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (C.48:25-1 et al.). {Note: Definition is directly from legislation and cannot be changed.}
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multifamily parking lots, etc.).
(3)
Approvals and permits.
(a)
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.
(c)
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(d)
The Zoning Officer shall enforce all signage and installation requirements described in this chapter. Failure to meet the requirements in this chapter shall be subject to the same enforcement and penalty provisions as other violations of New Providence's land use regulations.
(e)
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:
[1]
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;
[2]
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
[3]
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.
(f)
An application pursuant to Subsection I(3)(e) above shall be deemed complete if:
[1]
The application, including the permit fee and all necessary documentation, is determined to be complete;
[2]
A notice of incompleteness is not provided within 20 days after the filing of the application; or
[3]
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.
(g)
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.
(h)
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.
(4)
Requirements for new installations of EVSE and Make-Ready parking spaces.
(a)
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:
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
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.
(b)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection I(4)(a) above shall:
[1]
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
[2]
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
[3]
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
[4]
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.
[5]
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.
[6]
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
[7]
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.
[8]
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.
(5)
Minimum parking requirements.
(a)
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Schedule IV.[4]
[4]
Editor's Note: See § 310-48G(2).
(b)
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.
(c)
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
(6)
Reasonable standards for all new EVSE and make-ready parking spaces.
(a)
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.
(b)
Installation:
[1]
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.
[2]
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.
[3]
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.
[4]
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.
(c)
EVSE parking:
[1]
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. The use of time limits is optional and shall be determined by the owner.
[2]
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.
[3]
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the Borough'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 non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric 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 the Borough's Code.[5] Signage indicating the penalties for violations shall comply with Subsection I(6)(e) 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]
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(d)
Safety.
[1]
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 I(6)(e) below.
[2]
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with New Providence's ordinances and regulations.
[3]
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable 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.
[4]
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 I(6)(d)[5] 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.
[5]
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.
[6]
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.
[7]
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, New Providence 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.
(e)
Signs.
[1]
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.
[2]
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.
[3]
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 I(6)(e)[2] above.
[4]
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:
(f)
Usage fees.
[1]
For publicly accessible municipal EVSE. The fee to use public parking spaces within the municipality identified as EVSE spaces shall be the same as any metered space for non-EVSE.
[2]
This fee may be amended by a resolution adopted by the governing body.
[3]
Private EVSE. Nothing in this subsection 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.
J.
Off-street loading requirements.
(1)
Nonresidential. All nonresidential uses shall provide for off-street loading and unloading by providing one parking space for the first 10,000 square feet and an additional space for each additional 10,000 square feet of gross floor area. All such spaces shall be designed, planned, and constructed in accordance with generally accepted engineering and construction practices and be reviewed by the Borough Department of Planning and Development prior to submission to the reviewing board under site plan review.
(2)
Multifamily. One loading space shall be required for multifamily residential developments with 20 or more units. Such loading space shall be appropriately located to accommodate move-in/move-out operations as well as package delivery services.
§ 310-49 Signs.
A.
Purpose. The purpose of this section is to promote and protect the public health, safety, and welfare by creating a more attractive residential and commercial climate within all areas of the municipality. This section is intended to create a more attractive business climate by further enhancing the streetscape improvement project undertaken by the community. This section seeks to enhance and protect the physical appearance of all areas by reducing the obstructions and hazards to pedestrian and auto traffic caused by indiscriminate placement and use of signs.
B.
Applicability.
(1)
All signs within the Borough of New Providence shall be subject to the provisions of this section.
(2)
No sign shall be placed on, or attached to a building, or erected independently, for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein.
C. ABANDONED SIGN AWNING AND CANOPY BANNER OR PENNANT SIGN CHANGEABLE COPY HOLIDAY DECORATION SIGN IDENTIFICATION SIGN SIGN AREA SIGN FACE SIGN FASCIA SIGN ICON SIGN, ANIMATED OR MOVING SIGN, AWNING SIGN, BILLBOARD SIGN, BUS SHELTER SIGN, CANOPY SIGN, CHANGEABLE SIGN, COMMUNITY INFORMATION SIGN, CONSTRUCTION SIGN, CONTRACTOR SIGN, DEVELOPER SIGN, DIRECTIONAL AND INFORMATIONAL SIGN, DIRECTORY SIGN, FACADE SIGN, FREESTANDING SIGN, HOME OCCUPATION OR SIGN, HOME PROFESSIONAL OFFICE SIGN, ILLUMINATED SIGN, INFLATABLE SIGN, MARQUEE SIGN, MEMORIAL OR NAMEPLATE SIGN, NEIGHBORHOOD IDENTIFICATION SIGN, NONCONFORMING SIGN, POLITICAL SIGN, PORTABLE SIGN, PROJECTING SIGN, REAL ESTATE SIGN, STREET BANNER SIGN, SUSPENDED SIGN, TEMPORARY SIGN, VEHICLE SIGN, WALL SIGN, WINDOW SIGNABLE FACADE AREA
Definitions. As used in this section, the following terms shall have the meanings indicated:
A sign no longer used for its original intent or a sign on a vacant, unoccupied, or abandoned property.
A temporary or portable roof-like covering that project from the wall of a building for the purpose of shielding openings from the elements. Under no circumstances can an awning or canopy be opaque or let light through. Awnings and canopies may extend a maximum of six feet from the exterior wall with the building.
Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered pennant signs or banners for the purpose of this chapter.
A sign, or portion of a sign, that is designed so that characters, letters, or illustrations can be changed or rearranged, manually, without altering the face or the surface of the sign.
Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local, or religious holiday or observance.
A sign giving the nature, logo, trademark, or other identifying symbol; address; or any combination of the name, symbol and address of a buildings business development, or establishment on the premises where it is located.
The area of a sign which is computed by multiplying the greatest width of the sign face by the greatest height of the sign face. The sign area shall include the sign face and any framing, trim or molding, but shall not include the supporting structure. (See "signable facade area.")
The area or display surface used for the message.
The vertical surface of a lintel over a storefront that is suitable for sign attachment.
A sign that illustrates by its shape and graphics, the nature of the business conducted within.
Any sign or part of a sign, which changes physical position by any movement, or rotation or which gives the visual impression of such movement or rotation.
A sign that is mounted to or painted on or attached to an awning that is otherwise permitted by this chapter.
A sign which contains a commercial message, and which directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
A sign which contains a commercial message, and which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
A sign that is mounted to or painted on or attached to a canopy that is otherwise permitted by this chapter.
A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face of or the surface of the sign and is not electronic in nature.
A sign which contains messages of civic groups, churches or places of worship, and local special events which direct attention to a church or place of worship, facility, event, club, or organization.
A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals, or firms having a role or interest with respect to the structure or project.
Any on-site sign advertising the name or business of a mechanic, contractor, or artisan performing work on the premises where the sign is placed.
Any on-site or off-premise sign identifying or directing traffic to a particular site or development for an approved period of time longer than 30 days.
Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit." Window signs such as those that indicate hours of operation, credit card acceptance, and business affiliations are considered as informational signs. No sign with a commercial message legible from a position on the street shall be considered directional or informational.
Signs listing the tenants or occupants of a building or group of buildings. The respective professions or business activities may also be included as part of the sign.
See "sign, wall."
Any immovable sign not affixed to a building.
A sign containing only the name and occupation or professional of a permitted home occupation or permitted home professional office.
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
Any display or object capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.
A sign that is mounted, or painted on, or attached to a marquee that is otherwise permitted by this chapter.
Memorial signs or tablets, names of building and date of erection when cut into any masonry surface, integral to the construction of a building, or when constructed of bronze or other incombustible material mounted on the face of a building, bench, or other structure.
Signs which identify any type of housing development, by name. No advertising for real estate agents, developers, contractors, builders, architects or other is permitted on neighborhood identification signs.
Any sign that does not conform to the regulations of this chapter.
A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.
A sign that is not permanent, affixed to a building, structure, or the ground.
A sign which is fixed to a building or other structure that extends beyond the surface to which it is affixed. Projecting signs shall be at least eight feet from the ground and should project no more than four feet from the structure.
A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
Any banner sign which is stretched across and hung over a public right-of-way.
A sign hanging down from a marquee, awning, canopy, porch, or roof overhang that would exist without the sign.
A sign constructed of paper, cloth, canvas, plastic, plywood, or other lightweight material intended to be displayed for a short period of time, not to exceed 30 days exclusive of construction signs, contractor signs, and developer signs.
A sign affixed or painted on a vehicle or trailer and parked at a specific location for a period of four or more days so that its primary purpose is as a commercial message.
A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than six inches from such building, or structure.
A sign that is applied to or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
The rectangular, continuous area on the wall of a building, which extends from the top line of windows and doors on the first floor, and the bottom line of the second-floor windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings.
D.
Approvals required.
(1)
Each application for development shall include a sign plan showing a description of the message, trademark, symbol, or insignia, and the specific design, location, size, dimensions, colors, materials, height above ground, construction, and illumination of proposed signs in accordance with the following regulations.
(2)
Any sign hereafter erected in New Providence, which is exposed to public view, shall conform to the provisions of this section and any other ordinance or regulation of New Providence, the county, state or federal government relating to the erection and maintenance of signs. In the event of conflicting regulations, the most restrictive regulation shall prevail.
(3)
No existing sign shall be enlarged, rebuilt, structurally altered, or relocated except in accordance with the provisions of this chapter. Furthermore, the failure to issue a permit for any sign shall not relieve the owner or lessee of the premises from the duty of safely maintaining any such structures.
(4)
All development applications shall submit all signs to be approved by the Planning Board or Zoning Board of Adjustment.
(5)
In applications where only sign modification is sought and no other site modifications are proposed, any sign exceeding the maximum area, height, or otherwise not in conformance with the requirements of this section shall require application and approval for minor site plan with waiver(s).
(6)
No sign, other than exempt signs, shall be erected without first obtaining a sign permit from the Zoning Office. Permit applications shall be accompanied by a plan, drawn to scale, showing details of the sign, type of illumination, type of materials, colors, its size, and location on the building and/or lot. Permits for window signs and changeable copy signs shall be valid as long as there is no change in the sign area, location, and type of such signs that have been authorized by permit.
(7)
If applicable, a building permit from the Construction Official may be required.
E.
General provisions.
(1)
No sign other than street, traffic or similar official signs shall be erected within or project over the right-of-way of any public street, sidewalk, or public promenade, except as hereafter provided.
(2)
Street signs shall be in conformance with the New Jersey Department of Transportation Standards and the Manual on Uniform Traffic Control Devices for Streets and Highways, latest edition. The location of street signs shall be determined by the Borough Engineer and shall be free from visual obstruction.
(3)
No signs shall be erected, altered or replaced which are not in accordance with the standards established in this section.
(4)
No sign shall be placed on any property without the consent of the property owner.
(5)
No sign shall be attached to utility poles, public structures, trees, stumps, fenceposts, other signs or signposts, but shall be free-standing or attached to buildings in accordance with this section, except as otherwise provided herein for "warning signs."
(6)
No sign shall be erected so as to project over any property line.
(7)
No signs shall be clustered, and no commercial shopping center or office complex identification signs shall contain individual signs for individual tenants except as part of an approved site plan or waiver of site plan approval by the appropriate municipal agency.
(8)
No permanent marquees or canopies extending over a sidewalk or public right-of-way shall be erected, except in connection with entrances to public buildings. Special permission for a temporary canopy, extending over a sidewalk or public right-of-way, to be in use for 24 hours only, may be granted by the Construction Official.
F.
Exemptions. The following signs shall be permitted in any zone without prior approvals; however, all signs are subject to the requirements of the General Provisions section found in Subsection E above.
(1)
One real estate sign advertising the sale, lease, or rent of the premises upon which the sign is located, which sign shall not exceed 18 inches high by 24 inches wide or three square feet. These signs must be set back three linear feet from all property lines. The sign must be mounted so that the top of the sign is no more than 60 inches above the ground.
(2)
One temporary construction sign of architects, engineers, real estate agencies, or corporations on the lot(s) to which it relates. Said signs shall not exceed six square feet. In addition, said signs must be removed within seven days of the issuance of the final Department of Planning and Development certificate of occupancy of the project to which the sign relates. It must be mounted so that the top of the sign is no more than 48 inches above the ground. The sign shall not be located in any sight triangle.
(3)
One temporary contractor sign per contractor shall be permitted only during the period the contractor is actively performing work on the lands or premises where the sign is placed. The sign shall not exceed six square feet in area, and the top of the sign shall not be more than three feet above the ground. The sign shall not be located in any sight triangle and shall be located behind the street line by a minimum of three feet.
(4)
Decorations for a recognized officially designated holiday or observance provided that they do not create a traffic or fire hazard, and provided that said signs are removed within 15 days after the holiday.
(5)
Official municipal, county, state or federal governmental signs.
(6)
Political and personal opinion signs shall be permitted throughout the Municipality. Political and personal opinion signs shall be removed within three days after the event they advertise. Political signs and personal opinion signs shall not exceed six square feet and shall not be attached to trees or utility poles.
(7)
Temporary garage sale or yard sale. Such signs may not exceed three square feet; may not be erected more than seven days prior to such sale; and must be removed immediately upon conclusion of the event. No premise shall be permitted to erect such signs more than two times in any calendar year.
(8)
Flags of the United States of America, the States, county, or municipality, foreign nations having diplomatic relations with the United States, and any other flag adopted and sanctioned by an elected legislative body or competent jurisdiction, provided that such flag shall not exceed 25 square feet and shall not be flown from a pole that exceeds 35 feet in height.
(9)
The following signs will be permitted in any public, quasi-public, commercial, or industrial districts without prior approvals:
(a)
Change in the copy of a changeable copy once a permit for the sign has been issued.
(b)
Grand opening signs which shall be no larger than 20 square feet in area, provided that the sign is not placed for more than 30 days. These signs may be banner signs mounted on the facade or building and must be at least eight feet high above sidewalk elevation and no higher than the second habitable floor of the building, or other types of similar temporary signs.
(c)
A portable swinger, "A" frame, or sandwich sign that can be no larger than five square feet when utilized to advertise daily specials, special events, restaurant menu specials and the like, providing the sign is located in front of the establishment and is only displayed when the establishment is open for business. Under no circumstances can these signs impede pedestrian flow or be displayed when the enterprise is not open.
(d)
Restaurant menu when displayed in a glass case affixed to the exterior building wall for that purpose, or when displayed on a signboard located in close proximity to the restaurant entrance located on private property. The area of the signboard or display case shall not exceed the menu size by more than 30%.
(e)
Temporary window signs shall not exceed 25% of the total storefront window area and shall be promptly removed upon termination of the sale or event and shall not be displayed for longer than 30 days. Paper signs should be hung one foot behind the glass attached to a rigid backer board and highlighted with a spotlight.
(f)
Directional and Informational window signs including hours of operation, credit card acceptance, and business affiliations are considered informational signs, and are not included in the 25% maximum permitted window sign area. No sign with a commercial message legible from a position on the street shall be considered directional or informational.
(g)
Temporary banner signs over the public right-of-way shall be approved and permitted by the official action of the Borough Council and be permitted by permit for 14 days. If temporary banner signs are proposed along a county roadway, permission must be granted by Union County.
G.
General sign design guidelines. The sign's design should complement the design of its host building or site and the overall character of the business district. Signs should be designed and painted by professional sign makers or experienced artists. Each sign should be designed in accordance with the following standards.
(1)
Appearance. Signs should be compatible with their surroundings. Signs for businesses in a common building or contiguous structure, shopping, office, or industrial center should be compatible with each other. Signs attached to the same building should be the same shape, background color and dimension, regardless of individual business ownership or tenancy in the building.
(2)
Materials. High-quality materials will ensure that a sign will look attractive, reduce maintenance costs, and last longer. Sign materials and finished textures should complement the building materials. Permanent signs should be made of wood, high-density foam simulating wood, medium density overlay and finished plywood, brass, copper, or bronze. Plastic and lexan materials should be used for internally illuminated signs.
(3)
Placement. Signs should be integrated with the building without obscuring important architectural details or storefront windows. Signs should be mounted so as to minimize damage to historic materials and finished with architectural details to complement the sign, such as ornamental iron or brass supports and routed wood posts and edges to provide detail and relief.
(4)
Lettering. Lettering and character typefaces should match the scale of the building and size of the sign as well as consider of the adjacent roadway speed limits and whether pedestrians are in the area.
(5)
Color. The colors should be compatible with the style and color scheme of the building and its neighbors. Color schemes should be kept simple, limited to two or three colors, and based on a host building's painted exterior detailing, such as window trim and cornices. Earth tones, primary colors, and pastels are appropriate and can be designed with subtle combinations, and variations. Fluorescent, luminescent and iridescent colors and tones should only be used for traffic safety signs. Signs with a strong color contrast are more legible.
(6)
Lighting. Decorative light fixtures, such as gooseneck, hooded, historic reproduction, and alcove fixtures, are encouraged that are complimentary to the design of building, sign, or site. Signs should be evenly lit with no isolated bright or dark spots. No substantial light or glare may be directed or reflected onto adjacent streets or properties. Internally illuminated signs should use LED lights to the extent feasible and lettering should be channel set.
H.
Specific design standards.
(1)
All height limitations shall be measured from the average grade at the curbline to the top or bottom of the sign, as is specified, or its supporting structure.
(2)
Where any sign, flag, or banner is located over a walkway, sidewalk, pedestrian way, or other public area, the bottom of the sign, flag, or banner shall be at least eight feet above grade level of the pedestrian area.
(3)
Signs shall be located outside of sight triangles.
(4)
All of the illuminated signs shall be either indirectly lighted or of the diffused lighting type, unless illuminated by an interior source. No sign shall be lighted by using unshielded incandescent bulbs, lasers, neon or gas discharge tubes, mirrors reflecting a direct light source or similar devices. Buildings or structures may not be outlined by tubing or strings of lights except for seasonal lighting which may remain on a building but shall not be illuminated post season.
(5)
An application for an illuminated sign must include a lighting fixture catalogue cut or manufacturer's product description sheet with isolux or lumens specifications and mounting information. It shall indicate the lighting intensity (lumens) that would be generated by any lighting devices shining onto the sign and the rest of the property and neighboring properties and the lumens that would be projecting from any illuminated signs as part of the sign plan. (This information is part of the manufacturer's data sheet.) Externally illuminated signs consisting of three or fewer 100-watt incandescent light bulbs, or compact fluorescent lights of comparable illuminating capacity, shall be exempt from submitting a lumens plan.
(6)
Attached wall signs shall be affixed parallel to wall to which they are attached, and the face of the sign shall project no more than 10 inches from the surface of the wall.
(7)
All signs shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts or landscaping, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The owner of any property on which a sign is located and those responsible for the maintenance of the sign shall be equally responsible for the condition of the area in the vicinity of the sign and shall be required to keep this area clean, sanitary, and free from noxious or offensive substances, rubbish, and flammable waste materials. If the sign is not made to comply with adequate safety standards, the Zoning Officer shall require its removal with in 30 days.
(8)
All signs should have a consistent sign design throughout a particular project. The design theme would include style of lettering, construction, material, type of pole or standard (wood or metal) size and lighting. Color of letters and background should be carefully considered in relation to the color of the material of the buildings or where the signs are proposed to be located.
(9)
The sign area of two-sided signs shall be computed using one side of the sign if the signs are identical.
(10)
The area of wall signs shall be computed by first measuring the initial letter, number, logo, trademark or symbol or letters of the name independently as a rectangle enclosing the letter, number, logo, trademark, or symbol and adding thereto the area of a rectangle enclosing all the remaining letters, numbers, logos, trademarks, or symbols forming the sign. Other wall signs of a solid face construction, which are placed and securely fastened to the building wall and are complete in and of themselves shall have the area computed on the basis of a rectangle formed by a complete sign.
I.
Prohibited signs.
(2)
No sign of any type shall be permitted to obstruct driving vision, pedestrian or vehicular traffic, traffic signals, traffic directional and identification signs, walkways, entrances, exits, fire escapes, doorways, other places of business, 48 inch wide sidewalks, or other signs or windows of the building on which they are located, or in any way affect the safety of the public. The Borough of New Providence is authorized to remove any such sign at the expense of the permittee or owner of the property upon which it is located or person or entity responsible for erecting the sign.
(3)
Billboard or off-premise signs. The Borough of New Providence hereby prohibits all billboard and/or off-premise signs.
(4)
Additional prohibited signs include but are not limited to:
(a)
Changeable copy signs, except as otherwise permitted herein.
(b)
Neon or gas tubing like signs.
(c)
Beacons.
(d)
Tethered balloons.
(e)
Signs using red, yellow, and green lights which mimic the operation of any traffic control signal.
(f)
Roof signs or signs mounted on the roof.
(g)
Signs painted directly onto buildings.
(h)
Inflatable signs.
(i)
Animated or moving signs.
(j)
Mobile signs.
(k)
Mechanical or electrical signs employing devices to revolve, flash or display movement or the illusion of movement or scrolling text and images.
(l)
Internally illuminated awning and canopy signs.
(m)
Internally illuminated projecting and suspended signs (box signs).
(n)
Vehicle(s) or trailer(s) permanently located to serve as a sign in circumvention of this chapter.
(o)
Signs which present lewd language or graphic sexual depictions.
(p)
Bench signs.
(q)
Bus shelter signs.
J.
Developer signs. One on-site temporary developer sign for projects that have received final site plan or subdivision approval from the Board of jurisdiction shall be permitted. The sign shall identify the project and shall be shown on the final site plan or subdivision map. The sign area shall not exceed 30 square feet and the sign height shall not exceed four feet about the adjacent ground level. The sign shall be located outside of sight triangles and shall be located behind the street line by a minimum of three feet. Once construction is completed, prior to the release of sureties, or when the project is dormant for over three months, the on-site temporary sign shall be removed.
K.
Public and quasi-public uses.
(1)
Community event signage.
(a)
Community event signs sponsored by a civic organization, club, municipality or house of worship shall be permitted.
(b)
Community event signs shall be no larger than four feet by six feet.
(c)
Community event signs shall be setback at least 15 feet from any street or property line, and that such signs shall only be erected for a period of 14 days and shall be removed immediately following the event.
(d)
These signs are exempt from permit filing, but the community event organizer must register the sign with the Borough Department of Planning and Development, including sign location, event date, sign specifications and person or persons responsible for the sign with a contact phone number with the Zoning Officer or other designated official.
(2)
A place of worship may have two signs not to exceed a total of 32 square feet displayed on the property. One sign may be an identification sign and one sign may be a changeable copy sign.
L.
All residential districts and uses located in New Providence.
(1)
A permitted home office/occupation may have one sign not to exceed four square feet in area or be higher than five feet above surrounding grade level. The sign shall be set back a minimum of three feet from all property lines. Where a building housing a permitted home office/occupation is located within six feet of the front lot line or the street line, one projecting sign may be used in lieu of a small freestanding sign noted above. The projecting sign shall not exceed four square feet in area. The projecting sign shall be permitted to be located between an imaginary line drawn perpendicular to the top of any first or ground floor windows and/or doors and the top of the floor of the second floor.
(2)
No other displays or changes in facade that alter the residential character of the building shall be permitted in any residential district.
(3)
Neighborhood identification signs shall not exceed six square feet in area, shall not be more than 18 inches above ground level, and shall not exceed five feet high.
M.
Commercial and industrial districts.
(1)
Freestanding signs.
(a)
One freestanding sign shall be permitted at a rate of one square foot of sign (per side), for every two linear feet of street frontage. Freestanding signs shall not exceed a total maximum area of 50 square feet per side.
(b)
Freestanding signs shall be located a minimum of 10 feet away from all property lines and outside of any sight triangles.
(c)
Freestanding signs shall be mounted so that the bottom of the sign is at least 18 inches above ground level.
(d)
Freestanding signs shall be monument-style and no higher than 10 feet above ground level.
(e)
Freestanding signs may be internally illuminated. Freestanding signs may also be illuminated by an exterior light source, facing down, not upwards towards the sky.
(f)
Individual freestanding signs for multiple tenants or tenant structures shall not be permitted.
(2)
Building signs.
(a)
Facade, wall, suspended, projecting, and window signs shall have a maximum total area of 4% of the total of the area of the building facade fronting on a principal entrance, but in no case shall any individual sign be greater than 50 square feet. One building sign per public entrance (maximum of 2) shall be permitted.
[1]
As a general guideline and best practice, 25 square feet is the preferred sign size for a public entrance facade/wall sign. The Borough encourages applicants to work with the Borough's Department of Planning and Development to determine the most appropriate size and location of public entrance signs.
(b)
Wall signs shall be located between the top line of windows or doors on the first floor, and the bottom line of the second-floor windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings. (See "signable facade area.")
(c)
Wall signs shall not project beyond the roof or sides of the building. Wall signs may not project more than six inches beyond the front surface of the building.
(d)
In addition to the permitted signs, projecting, or suspended signs with a display area not greater than four square feet that maintain a height of eight feet over the sidewalk or surrounding grade and do not project more than four feet from the exterior wall, shall be permitted under a canopy for each storefront or business service having an individual public entrance from the exterior of the building. This sign area shall not count against the maximum signage permitted per this section.
(e)
Suspended signs may not extend farther away from the exterior wall of the building than the structure from which it is supported. In no case shall the suspended sign be greater than four feet from the exterior wall of the building.
(f)
One etched or painted permanent window sign shall be permitted in one storefront window of any retail or commercial business, providing it does not exceed 25% of the window area.
(g)
One awning or canopy sign shall be permitted on the awning or canopy providing the maximum letter height does not exceed 18 inches. Under no circumstances shall the awning or canopy be internally illuminated. Awnings and canopies are permitted to encroach upon the sidewalk a minimum of three and maximum of six feet and be located eight feet above surrounding adjacent grade level. The signage should be provided on the valance and should be limited to the store, business name or street number. No other text should be on the awning.
(h)
Changeable copy signs are permitted for gasoline service stations to provide fuel pricing information.
(3)
Directory signs shall be permitted in relation to each building, provided the directory is no more than six square feet in area and four feet in height. The sign shall not be located in the front yard setback.
(4)
Directional signs. Directional signage shall be permitted on sites where necessary to safely and effectively convey persons to their intended destination. Directional signs shall be consistent with each other and the site's other signage and shall be limited to six square feet in area and four feet in height. The signs shall not be used for advertising purposes and may be internally illuminated.
N.
Maintenance.
(1)
The property owner shall be responsible for maintaining all signs erected on a tax lot. This maintenance shall include repainting, repairing and cleaning, as necessary. No sign shall be permitted to exhibit:
(2)
If the Zoning Officer determines that any sign is in a state of disrepair so as to no longer be reasonably capable of presenting its message or abandoned or a danger to the public health or public safety, he shall give written notice of the condition of the sign to the owner of the sign and to the owner of record of the tax lot.
(3)
The property owner shall thereafter have 30 days to repair or remove said sign.
(4)
If said sign is not satisfactorily repaired or removed within the thirty-day period, the Zoning Officer may thereafter take such actions as are permitted pursuant to this chapter.
O.
Abandonment. Abandoned signs and their supporting structures shall be removed within 30 days. The Borough may thereafter take such actions as are permitted pursuant to this chapter.
P.
Permits fees.
(1)
All signs, excluding those specifically exempted within this section, shall require a sign permit from the Zoning Officer and, if applicable, a building permit from the Construction Code Official. The applicant shall furnish the Zoning Officer with a fee as required and the necessary information from which to determine whether the subject sign meets the requirements of this section.
(2)
Individual signs placed within a multiple sign structure subsequent to its installation shall require a separate permit.
(3)
Where the erection of a sign has not been completed within six months after the date of issuance of the permit, the permit shall become null and void and subject to reapplication. The Zoning Officer shall have the discretion to grant a reasonable continuation of time where unavoidable conditions prevented the initiation or completion of work within the prescribed time period.
(4)
Fees shall be established pursuant to the requirements of § 147-4 of the Code of the Borough of New Providence.
(5)
Notwithstanding the provisions of this section, the Borough Council in its absolute and sole discretion, or by contract or agreement, may provide advertising for any business, organization or use when such advertising is deemed to be in furtherance of the public good, health, safety and/or general welfare.
Q.
Enforcement.
(1)
If the Zoning Officer shall find that any sign regulated herein is unsafe, insecure, in need of repair, equipped with flashing or blinking lights, or otherwise in violation of this section, the Zoning Officer shall give written notice to the owner thereof or to his/her attorney. If the owner fails to remove, alter or repair the sign within 30 days after such notice, the Zoning Officer may initiate further action as provided in this section in order to abate or remedy the violation.
(2)
Upon failing to comply with the violation notice from the Zoning Officer within the time specified, the Zoning Officer is authorized to cause the removal of the sign, and any expense incidental thereto shall be paid by the permittee or owner of the property upon which the sign is located.
R.
Violations and remedies.
(1)
Penalties. Any violation of any provision of this section shall, upon conviction, be subject to the penalty provisions as set forth in § 1-15, Violations and penalties, of the Code of the Borough of New Providence.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The following individuals shall be subject to potential punishment:
(3)
Each day a violation continues shall constitute a separate and distinct offense, punishable as such in accordance with the following:[1]
(a)
Any person or entity who is convicted of violating any provision of this section within one year of the date of a previous violation of the same provision of this section, and who was fined for the previous violation, shall be sentenced by the Municipal Court an additional fine as a repeat offender. The additional fine imposed by the Court upon such person or entity for a repeat offense shall not be less than the minimum fine fixed for a violation of the section but shall be calculated separately and in addition to the fine imposed for the violation of this section.
(b)
The imposition of penalties herein shall not preclude the Borough of New Providence or any other person from instituting an action to prevent the unlawful construction, reconstruction, installation, alteration, repair, conversion, or use of a sign, or to restrain, correct or abate a violation.