Union City Zoning Code
PART 4
Design Requirements
§ 170-2501 Applicability.
[Amended 8-23-2022 by Ord. No. 5739]
The required improvements and design standards contained in this article shall be applicable to new subdivisions and all existing uses in all zones.
§ 170-2502 General standards.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Site maintenance. All buildings, paved areas, landscaping and other site facilities and improvements shall be adequately maintained at all times. Dead trees or shrubs shall be replaced by the owner. Failure of the owner to comply with these provisions within 30 days of notification by the administrative officer, weather permitting, shall be a violation of this chapter.
B.
The Planning Board shall give consideration to such other elements or aspects of the site plan or proposed use as may relate to the design of the plan, the general environment of the area or the health, safety and general welfare of the public, and the Planning Board may require items of construction, such as retaining walls, guardrails, safety fencing, traffic barricades or other devices, necessary in the interest of public safety and convenience.
C.
Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties as set forth in § 170-3502 for the ultimate installation of the improvements described below. All improvements shall be subject to approval and inspection by the Township Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvement. No underground installation shall be covered until inspected and approved. The applicant shall observe the following requirements and principles for a subdivision or portion thereof:
(1)
Development pattern. The development plat shall conform to design standards that will encourage orderly and harmonious development patterns within the Township.
(2)
Conformance to Master Plan and Official Map. Where either or both an Official Map or Master Plan has been adopted, the development shall conform to the proposals and conditions shown therein. The streets, drainage, rights-of-way, bikeways, school sites, public parks and playgrounds shown on an official adopted Master Plan or Official Map shall be considered in the approval of subdivision plats.
(3)
Further conformance. Where not shown on the Master Plan or Official Map, streets and drainage rights-of-way shall be shown on the final plat or plan in accordance with the applicable statutes of New Jersey and shall be such as to lend themselves to the harmonious development of the Township.
§ 170-2503 Streets and sidewalks.
[Amended 8-23-2022 by Ord. No. 5739; 2-28-2023 by Ord. No. 5757]
Required improvements and design standards shall be applicable to new subdivisions and all existing uses in all zones and shall be as follows:
A.
Streets. The subdivider shall install streets in accordance with the following requirements:
B.
All developments shall be served by paved public streets with adequate crowns. The arrangement of streets shall be such as to provide for the appropriate extension of existing streets and should conform with the topography as far as practicable.
C.
When a new development adjoins land susceptible to being subdivided, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets.
D.
Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic. Street signs shall be metal-on-metal posts of the type, design and standard previously installed elsewhere in the Township. The location of the street signs shall be determined by the Board and Township Engineer, but there shall be at least two street signs furnished at each intersection. All signs will be installed free of visual obstruction.
E.
In the event that a development adjoins or includes existing streets that do not conform to the street width requirements of this chapter, additional land along either or both sides of said street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished, and the dedication shall be expressed as follows: "Street's right-of-way granted permitted the entrance upon these lands for the purpose provided for and expressed in the Land Development Ordinance of the Township." This statement shall in no way reduce the developer's responsibility to provide, install, repair or maintain the facilities in the area dedicated by ordinance and/or as shown on the plan and/or as provided for by any maintenance or performance guaranties. If the development is along one side only, 1/2 of the required extra width shall be dedicated. Additionally, that portion of the existing street or road adjoining or included within a subdivision shall be improved, including excavation, grading, curbing, sidewalk, base courses and surfacing in accordance with the road improvement standards of this chapter.
F.
In all developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street, although a greater width may be required in accordance with the following schedule:
Type of Street | Right-of-Way Width (feet) | Pavement Width (feet) |
|---|---|---|
Arterial | 80 | Determined individually |
Collector | 60 | 40 |
Local | 50 | 36 |
G.
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°, and approaches to all intersections shall follow a straight line for at least 100 feet. No more than two streets shall meet or intersect at any one point, and the center lines of both intersecting streets shall pass through a common point. Measuring from this common point, two intersections shall be spaced at least 125 feet apart. The block corners at intersections shall be rounded at the curbline, with the street having the highest radius requirement, as outlined below, determining the minimum standard for all curblines:
H.
A tangent of at least 100 feet shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the right-of-way shall be 350 feet for a local street, 500 feet for a collector street and 800 feet for an arterial street.
I.
Culs-de-sac shall be no more than 600 feet in length and shall provide a turnaround at the end with a radius of 50 feet on the curbline, plus a utility and planting strip width of 10 feet around the entire cul-de-sac. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the radius becomes tangent to the right curbline of the associated street.
J.
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections. The Board shall reserve the right to recommend the naming of streets to the governing body.
K.
The quality of surfacing and base materials shall adhere to the minimum standards set forth by the Township, County or State Engineer when said paving concerns roads under the jurisdiction and where such standards exist. Streets under the jurisdiction of the Township shall be constructed in accordance with Township standard specifications except as otherwise specified by the Township Engineer.
L.
The approval of any map of land delineating streets by the governing body of the Township shall in no way be construed as an acceptance of any street indicated thereon.
M.
Sight triangle easements shall be required and shall include the area on each street corner that is bounded by the line which connects the sight or connecting points located on each of the right-of-way lines of the intersecting street. The planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements shall be prohibited, and a public right of entry shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight. The distances shown on the sketches between the connecting points and the intersection of the right-of-way lines shall be required.
N.
Curbs. Belgian block or concrete curbing shall be installed along every street within a subdivision and at intersections with existing Township, county or state roads and shall be laid in a manner approved by the appropriate governmental authority. All curbing shall be constructed in accordance with standard Township specifications. Openings for driveway access shall be in such widths as shall be determined by the Township Engineer. Driveway openings shall not be located closer than 10 feet from the end of radius of an intersecting street. Curb cuts or flush curbs with curb stops shall be utilized wherever possible or where directed by the Township Engineer to meet the requirements of nonstructural stormwater management strategies as outlined in Article XXVIII for applicable applications.
O.
Sidewalks.
(1)
Sidewalks may be provided on both sides of all streets as required by the Board. Sidewalks within developments may be required, at the Board's discretion, depending upon the probable volume of pedestrian traffic, the development's location in relation to other populated areas and the general type of improvement intended.
(2)
Where required, sidewalks shall be constructed in accordance with standard Township specifications.
§ 170-2504 Lots.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Lot dimensions and area shall not be less than the requirements of Part 3, Zoning, of this chapter.
B.
Insofar as practical, side lot lines shall be at right angles to straight streets and radial to served streets.
C.
Each lot must front upon a street having a right-of-way at least 50 feet in width.
D.
Where extra width has been dedicated for the widening of existing streets, lot areas shall be computed from such extra width line, and all setbacks shall be measured from such line.
E.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. The Planning Board may also require that provision be made for conservation easements in environmentally sensitive areas.
F.
Monuments shall be installed for all newly created lots in compliance with the requirements of N.J.S.A. 46:23-9.11q(8). All lot corners shall be marked with a metal alloy pin of permanent character.
§ 170-2505 Easements.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Township departments concerned.
B.
Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
C.
Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.
§ 170-2506 Drainage.
[Amended 8-23-2022 by Ord. No. 5739; 2-28-2023 by Ord. No. 5757; 5-23-2023 by Ord. No. 5767]
A.
All streets shall be provided with catch basins and pipes where the same may be necessary for proper surface discharge and where the use of natural vegetated swales is not practical or approved by the Township Engineer. The requirements of this section shall not be satisfied by the construction of dry wells.
B.
The system shall be adequate to carry off or store the stormwater and natural drainage water which originates not only within the lot or tract boundaries, but also that which originates beyond the lot or tract boundaries. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties of public lands without proper and approved provisions being made for taking care of these conditions.
C.
Techniques for computing stormwater runoff shall be as approved by the Township Engineer. The Rational Method of surface water runoff computation may be used for storm sewers and open channels with drainage basins up to 25 acres in area. The Soil Conservation Method, or other methods approved by the Township Engineer, shall be used for drainage basins larger than 25 acres in area.
D.
Storm sewers, open channels, bridges and culverts, unless otherwise directed by the Township Engineer, shall be designed for minimum flow capacities as follows:
Drainage Basin Size (acres) | Storm Frequency Design Capacity |
|---|---|
0 to 25 | 15-year |
26 to 100 | 25-year |
Over 100 | 50-year |
NOTE: Establishment of surcharge and freeboard deviations shall be based upon the flood of record as specified in Article XIX. Minor street and yard flooding is permitted. The ground level on the first floor of all dwellings shall be one and two feet, respectively, above the surcharge and freeboard elevations.
E.
The materials used in the construction of storm sewers, bridges and other drainage structures shall be in accordance with the specifications of the Standard Specifications for Road and Bridge Construction of the New Jersey State Highway Department, current edition, and any supplements, addenda and modifications thereof. Modification or change of these specifications may be effected only with the knowledge and written consent of the Township Engineer and governing body.
F.
Lots shall be graded to secure proper drainage away from buildings for a distance of five feet and to prevent the collection of stormwater in pools.
[Amended 10-8-2024 by Ord. No. 5829]
G.
Land subject to periodic or occasional flooding (floodplain areas) shall not be plotted for residential occupancy or for any other purpose which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open spaces or other similar uses. All provisions of Article XIX relating to flood hazard areas shall be met.
H.
Drainage structures which are located on state or county rights-of-way shall be approved by the State or County Engineer's office, and a letter from that office indicating such approval shall be directed to the Township Engineer and shall be received prior to the granting of final approval. Drainage structures proposed on a brook or stream shall be approved by the New Jersey Department of Environmental Protection (NJDEP), Division of Water Resources, and a letter from that office shall be directed to the Township Engineer.
I.
Where a lot or tract is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Township conforming substantially with the lines of such watercourse, and such further width or construction or both as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the Township, and, in any event, meeting any minimum widths and locations shown on any adopted Official Map or Master Plan. Such easement dedication shall be expressed on the plat or plan as follows: "Drainage right-of-way easement granted for the purpose provided for and expressed in the Land Development Ordinance."
J.
An existing lot or tract shall not alter property grades so as to divert surface runoff from its natural or preexisting pattern without first filing a topographical contour map indicating existing and proposed property grades with and receiving approval of the Township Engineer.
K.
The leader pipes and/or roof drains of any preexisting use in any zone shall be directed towards the street gutter or storm drainage facility and shall not be directed towards adjacent properties.
L.
The leader pipes and/or roof drains of any new construction in any zone shall be connected, via underground pipes of a material and size approved by the Township Engineer, to a storm drainage facility or in lieu to the street gutter.
M.
Stormwater control measures. Applications applicable to § 170-1802C shall be designed in accordance with the performance and design standards outlined in Article XVIII, Stormwater Management and Control.
(1)
No land area, except for single- or two-family residential construction not part of a major subdivision, shall be developed by any person that will result in:
(a)
The volume and/or rate of stormwater runoff occurring at the area being increased over what occurs there under conditions existing on or before the effective date of this chapter.
(b)
The drainage or adjacent areas being adversely affected.
(c)
Soil erosion during and after development being increased over what naturally occurs there.
(d)
Soil absorption and groundwater recharge capacity of the area being decreased below what occurs there under conditions existing on or before the effective date of this chapter.
(e)
The natural drainage pattern of the area being significantly altered.
(2)
In order to duplicate as nearly as possible natural drainage conditions, regulation and control of storm sewer runoff and erosion for the construction shall be through on-site stormwater detention and/or ground absorption systems, which include but are not limited to the following:
(a)
Detention areas which may be depressions in parking areas, excavated basins, basins created through use of curbs, stabilized earth berms or dikes or any other form of grading which serves to temporarily impound and store water.
(b)
Rooftop storage through temporary impoundment and storage of stormwater on flat or slightly pitched building rooftops by use of drain outlets which restrict the stormwater runoff from the roof surface.
(c)
Dry wells or leaching basins which control stormwater runoff through ground absorption and temporary storage.
(d)
Porous asphaltic pavement, which preserves the natural ground absorption capacity of a site and provides a subsurface reservoir for temporary storage of stormwater.
(e)
Any system of porous media, such as gravel trenches drained by porous wall or perforated pipe, which temporarily store and dissipate stormwater through ground absorption.
(f)
Any combination of the above-mentioned techniques which serves to limit stormwater runoff from a given site to what presently occurs there.
(3)
Stormwater detention exclusions and waiver.
(a)
Exclusions. All development of property consisting of 5,000 square feet or less shall be exempt from the on-site detention requirements of this chapter, except when, in the opinion of the Township Engineer, such exemption would be detrimental to the purpose of this chapter.
(b)
Waiver. If, in the opinion of the Township Engineer, detention facilities are impractical or of questionable value, the requirement for on-site detention can be waived with the applicant remitting a sum equal to the construction costs, which shall then be deposited in the Township's Infrastructure Renewal Trust Account to be used at the Township Committee's direction for broader-based detention facilities or infrastructure construction and repair.
(4)
Design of stormwater detention facilities.
(a)
Stormwater detention facilities shall be designed to contain an amount equal to the increase in volume of runoff which would result from the development of any site. The volume of runoff and intensity shall be computed on the basis of the August 2, 1973, storm and shall be equivalent to the rainfall excess as previously defined. The total rainfall for the August 2, 1973, storm was six inches, and the intensity was 3.2 inches per hour.
(b)
The rainfall excess shall be computed for each site using accepted, published runoff coefficients which reflect land use and topography. Acceptable runoff coefficients currently in practice include but are not limited to the following:
Land Use Type | Runoff Coefficients |
|---|---|
Business: | |
Downtown areas | 0.70 to 0.95 |
Neighborhood areas | 0.50 to 0.70 |
Residential: | |
Single-family areas | 0.30 to 0.50 |
Multiunits, detached | 0.40 to 0.60 |
Multiunits, attached | 0.60 to 0.75 |
Residential (suburban) | 0.25 to 0.40 |
Apartment dwelling areas | 0.50 to 0.70 |
Industrial: | |
Light areas | 0.50 to 0.80 |
Heavy areas | 0.60 to 0.90 |
Parks, cemeteries | 0.16 to 0.25 |
Playgrounds | 0.20 to 0.35 |
Railroad yard areas | 0.20 to 0.35 |
Unimproved areas | 0.10 to 0.30 |
Streets: | |
Surface type: | |
Asphaltic | 0.70 to 0.95 |
Concrete | 0.80 to 0.95 |
Brick | 0.70 to 0.85 |
Drives and walks | 0.75 to 0.85 |
Roofs: | 0.75 to 0.95 |
Flat: 2% | 0.05 to 0.10 |
Average: 2% to 7% | 0.10 to 0.15 |
Steep: 7% | 0.15 to 0.20 |
Lawns: heavy soil: | |
Flat: 2% | 0.13 to 0.17 |
Average: 2% to 7% | 0.18 to 0.22 |
Steep: 7% | 0.25 to 0.35 |
NOTE: The range of coefficients for each land use surface type reflects differences in land slope, intensity of development, amount of impervious surface and degree of ground saturation due to antecedent precipitation.
(c)
The runoff coefficients shall be determined for each site for both existing and proposed conditions, and the difference in the two shall be used to compute the volume of rainfall excess for design of stormwater detention facilities. The volume for design is equal to the depth of the rainfall excess multiplied by the area of the site.
(d)
The outlet(s) for any stormwater detention facility shall be designed such that the discharge rate never exceeds the peak runoff rate for conditions existing on or before the effective date of this chapter and such that there is no adverse effect on any other property.
(f)
In the case of detention facilities utilizing porous media for ground absorption, such as dry wells, porous pavement or the like, the volume of the porous media shall be large enough to contain the total volume of rainfall excess within the voids. Ground absorption systems shall be used only where the infiltration rate of the receiving soil is acceptable, as determined by percolation tests and soil borings provided by the developer. Provisions shall be made to contain overflow of such systems on site or to surface-drain the overflow in such a way as not to adversely affect any other property.
(g)
If detention facilities utilizing surface impoundment, such as detention basins or rooftop storage, are used, sufficient volume to contain fully the total volume of rainfall excess shall be provided. The outlet of such facilities shall discharge in such a way as not to adversely affect any other property. If rooftop storage is proposed, the weight of the impounded water on the roof shall be accounted for in the structural design of the building, and the roof shall be designed to provide maximum protection against leakage. If earth berms or dikes are used to create the impounding area, they shall be adequately stabilized and the slope protected with vegetative cover, paving or rip-rap to protect against failure or breaching.
(h)
If a combination of different stormwater detention techniques is used, the combined volume of the systems shall be large enough to fully contain the total volume of rainfall excess.
(i)
Stormwater detention facilities shall be maintained regularly by the owner to ensure continual functioning of the systems at design capacity and to prevent the health hazards associated with debris buildup and stagnant water. In no case shall water be allowed to remain in any facility long enough to constitute a mosquito breeding, disease or any other type of health problem. If the land containing the stormwater detention facility or facilities is dedicated to the Township, then the Township shall be responsible for maintenance.
(j)
In accordance with the New Jersey Soil Erosion and Sediment Control Act (P.L. 1975, c. 251),[1] sediment and erosion control measures shall be installed prior to any other site development, shall apply to all aspects of the proposed development and shall be in operation during all stages of development. Increased runoff and sediment, resulting from modified soil and surface conditions caused by the proposed development, shall be minimized and, where possible, retained on site. Detention and sediment and erosion control facilities shall be designed in conformance with the Standards for Soil Erosion and Sediment Control in New Jersey of the New Jersey State Soil Conservation Committee and administered by the Somerset-Union Soil Conservation District.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
N.
Water supply. Water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure.
O.
Sanitary sewers. Each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto, the costs thereof to be borne by the subdivider. All such installation of sewer mains and connections shall be constructed in accordance with the specifications and requirements of the Township and shall be subject to the approval of the Township.
P.
Streetlighting of a type supplied by the utility and of a type and number approved by the Township Engineer shall be provided for all street intersections and along the arterial, collector and local streets and anywhere else deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for streetlighting.
Q.
Public utilities.
(1)
All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the utilities distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and the developer shall provide the Township with four copies of a final plan showing the installed location of the utilities. The developer shall submit to the Board, prior to the granting of final approval, a written instrument from each serving utility, which shall evidence full compliance with the provisions of this subsection; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extensions of services are needed to existing buildings or new buildings in established subdivisions or industrial shopping centers, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.
(2)
In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Township departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines. Such easement shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance."
R.
Energy conservations.
(1)
General. All subdivisions shall, to the greatest degree possible, follow energy-efficient design principles and maximize the use of renewable energy sources. Within the limits of practicability and feasibility, the criteria listed below shall be followed.
(2)
Streets. Streets shall be so oriented as to permit the buildings to be constructed thereon to maximize solar gain. Where possible, streets shall run in an east-west direction.
(3)
Lots. Lots shall also be oriented as to permit buildings to be constructed thereon to maximize solar gain. Where possible, the long access of a lot shall run in a north-south direction.
(4)
Topography. The development shall take advantage of topographic features to maximize solar gain and afford protection from winter winds. Where possible, development shall be oriented to southerly slopes.
(5)
Vegetation. Maximum use shall be made of natural vegetation which will afford protection from winter winds and provide shading in summer.
§ 170-2507 On-site improvements.
[Amended 8-23-2022 by Ord. No. 5739]
Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties, as set forth in § 170-3502, Performance guaranty, for the ultimate installation of any required improvements as described throughout this article. In addition, the Planning Board may require the installation of on-site improvements, as described in this article, prior to the granting of final approval and which it finds essential before the issuance of a construction permit and may require the furnishing of performance guaranties to insure completion of remaining improvements. All such improvements shall be subject to the approval and inspection of the Township Engineer. Site plans shall comply to the requirements and the principles of design specified in throughout this article, as determined to be applicable by the Township Engineer.
§ 170-2508 Building design.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Design, generally.
(1)
Buildings having a gross floor area greater than 40,000 square feet shall be required to use architectural features that provide variety and reduce the visual impact of the building mass, through the use of varied facade materials, facade projections and recesses, judicious use of windows, other openings in the facade, and other similar features.
(2)
Architectural design and materials used in the construction of accessory buildings shall conform to or complement those used in the construction of principal buildings.
(3)
Buildings greater than 40 feet in height shall be required to use architectural features such as pitched roofs, varied rooflines, decorative cupolas, pediments, varied parapet heights and similar features designed to provide variety and reduce the visual impact of the building height. In order to accommodate such features, the height of such features shall be subject to the height exceptions enumerated in § 170-1214.
B.
Barrier-free construction. Barrier-free construction for handicapped persons shall be included as required by law.
C.
Energy conservation. All site plans shall, to the greatest degree possible, follow energy-efficient design principles and maximize the use of renewable energy sources. Within the limits of practicability and feasibility, the criteria listed below shall be followed.
(1)
Buildings shall be oriented to maximize solar gain. Where possible, building walls with the greatest number of windows or window area shall face in a southerly direction. The use of active and passive solar energy gain systems in buildings is encouraged.
(2)
Buildings shall be arranged to provide maximum protection for each other in terms of energy-consuming elements.
(3)
The use of energy-efficient building materials and colors is encouraged.
(4)
Site arrangement shall take advantage of topographic features to maximize solar gain and afford protection from winter winds.
(5)
Natural vegetation and landscaping, including fences, walls and earthworks, shall be utilized to maximize protection from wind, channel breezes and shade buildings and pavement.
(6)
The site shall be designed to minimize pavement and afford efficient circulation. The use of footpaths and bike paths in multifamily housing developments, in order to reduce motor vehicle use, is encouraged.
D.
Design of attached single-family homes.
(1)
A single-family attached residence structure shall be designed and constructed with appropriately different single-family attached residence setbacks and rooflines so as to reflect the combination of more than one but not more than six single-family attached residences.
(2)
The architecture employed shall be aesthetically in keeping with the theme of the development and the surrounding area and shall be subject to approval by the Planning Board. All buildings shall be constructed in accordance with the Uniform Construction Codes and shall comply with the following requirements:
(a)
The exterior of each building wall of single-family attached residence shall be of wood, brick or stone facing, solid brick or stone, aluminum or vinyl siding or some other acceptable durable material. Asbestos shingle and cinder or concrete block as exterior finishes are prohibited. The applicant shall submit to the Planning Board, in addition to any and all other documents required by this chapter, floor plans, elevation drawings and color rendering.
(b)
There shall be between single-family attached residences a sound-conditioned fire-rated wall conforming to requirements of the Uniform Construction Codes and exhibiting a sound-transmission classification (STC) of not less than 52, based on the laboratory test procedures specified in the ASTM's (American Society of Testing Materials) latest standard.
E.
Design of multifamily homes in all zones.
(1)
Buildings shall be required to incorporate high-quality architectural features that are characteristic of exemplary buildings reflecting the architecture of other multi-family dwelling units in the NC, DC, and DT Districts. The applicant for any development shall demonstrate such design by providing examples of and comparisons with existing high-quality buildings within the area.
F.
Neighborhood Core Zone design requirements.
(1)
On and after the effective date of this supplement, no such new certificate of occupancy or building permit, in the event one is required, shall be issued unless and until the proposed exterior design of said premises shall have first been submitted to a Screening Committee composed of three members appointed by the Township Committee. Said Screening Committee shall review all said plans and shall indicate approval or disapproval on a copy of said plans to be submitted to the Construction Code Official with a copy to be delivered to the applicant.
(2)
A separate Screening Committee for the Special Improvement District shall be composed of five members, including the Mayor, the Township Construction Code Official and three members of the Special Improvement District appointed by the Special Improvement District Board of Trustees.
(3)
The installation of sliding, folding or rolling doors or gates on storefronts is prohibited.
G.
Transit-Oriented Zone design requirements.
(1)
Buildings shall be designed to be in a style to complement the architecture of the Historic District Overlay Zone and the Union Station Zone. Uses are encouraged to be compatible with passenger rail service requirements to encourage the use of existing passenger rail facilities, and to complement adjacent Kean University campus complex facilities.
§ 170-2509 Roofs.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Exposed sections of metal chimneys shall be enclosed within noncombustible materials such as brick, siding or similar noncombustible material generally in harmony with the building materials used in the principal structure.
§ 170-2510 Cellars and attics.
[Amended 8-23-2022 by Ord. No. 5739]
A.
In one- and two-family dwellings only, the attic portion of the dwelling may be used for habitable purposes other than kitchens. A habitable attic shall have a full stairway as a means of ingress and egress and a ceiling of at least seven feet four inches. Each attic room shall have a minimum area of 90 square feet and shall have openable windows equal to 1/10 of the floor area.
B.
Cellars shall not be occupied as habitable rooms except where they may be used for recreational purposes. The minimum height of a cellar shall be 7 1/2 feet. A crawl space, if provided, shall be at least 18 inches deep.
§ 170-2511 Landscaping.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Natural features, such as trees, natural terrain, open waters and natural drainage lines, shall be preserved whenever possible in designing any development containing such features.
B.
A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on the site. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate the removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area in conformance with adjacent lots. All newly planted shade trees shall be of nursery stock, shall have a minimum caliper of 1 1/2 inches and shall be of a species approved by the Board. In any case, a sufficient number of shade trees shall be provided and planted to ensure a minimum of eight trees per acre of lot area. The location of all trees to be planted shall be approved by the Board.
C.
Shade trees. When required by the Planning Board, the subdivider shall plant shade trees in the front yard of each residential lot in the subdivision as designated by the Planning Board; the trees shall meet current standard specifications of the Township as to location, size, species and planting.
D.
Topsoil protection. Topsoil shall not be removed from a subdivision. For purposes of this provision, topsoil shall be the existing top six inches of arable soil. Topsoil from road surfaces and foundation excavations shall be scraped and stored during the course of construction and redistributed upon the completion of construction so as to provide an even cover to all yard areas opened during the course of development of any lot. Redistributed topsoil shall be stabilized by seeding or planting.
E.
All HVAC and mechanical equipment shall be adequately screened from view by landscaping or as approved with another means of concealment.
§ 170-2601 Parking dimensions and location.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767; 12-17-2024 by Ord. No. 5842]
A.
Parking space size. Each parking space shall have minimum length of 20 feet (18 feet where curb overhang is provided) and a minimum width of nine feet measured perpendicular to the axis of the length.
B.
Parking aisle widths. The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parallel parking space shall be a minimum of 22 feet in length and 10 feet wide. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided to it without requiring the moving of any other motor vehicles. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
Angle of Parking Space (Degrees) | 1-Way Aisle (feet) | 2-Way Aisle (feet) |
|---|---|---|
90 | Prohibited | 24 |
60 | 18 | 20 |
45 | 15 | 20 |
30 | 12 | 18 |
Parallel | 12 | 18 |
C.
Parking setbacks and buffers.
(1)
All off-street parking and loading areas, except for parking which is accessory to one- or two-family dwellings, shall, unless otherwise provided by this chapter, meet the location requirements prescribed in the following schedule:
Schedule of Minimum Distances for Location of Parking and Loading Areas | ||||
|---|---|---|---|---|
Zone | From Buildings (feet)2 | From Streets (feet)4 | From Property Lines (feet) | From Residential Zones (feet)5 |
Residential districts1 | 10 | 10 | 10 | 10 |
CC | 10 | 10 | 10 | 25 |
C/I | 10 | 10 | 10 | 25 |
Open Space districts | 10 | 25 | 10 | 25 |
Mixed-Use districts | 5(3) | 10 | 10 | 10 |
NOTES: | |
|---|---|
(1) | All uses except one-family dwellings. |
(2) | Loading areas and parking spaces adjoining garage doors excepted. |
(3) | Ten feet from front of building. |
(4) | Parking prohibited in front yard except for parking in residential driveway or in the C/I District, provided that no parking shall be situated within 100 feet of any residential zone district. |
(5) | But not less than 10% of the average lot depth from a rear property line. |
(2)
Transitional landscaped buffer areas.
(a)
Except as otherwise provided in Subsection § 170-2602C, a transitional landscaped buffer area of 25 feet shall be required on all lots in all zones, except the residential zones, along all side and rear property lines when the same abut a residential zone or residential lot, and including lots that are split-zoned with a residential zone.
(b)
In the case of undersized lots, said requirement may be reduced as a minimum design standard to 10% of the affected lot width or lot depth (whichever applied), but in no case less than the footages set forth as parking/loading setbacks in Subsection E(1) above, plus five feet.
(c)
The parking/loading and transitional buffer requirements shall not pyramid; however, the minimum footages provided shall equal the greater requirement. Additionally, parking space overhangs shall not intrude into the minimum transitional buffer area.
D.
Off-street loading. In all districts, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be maintained on the same premises with such building at least one off-street loading space.
(1)
Each loading space shall be at least 12 feet in width and 30 feet in length and have a fourteen-foot clearance above grade; provided, however, that the Planning Board may require additional length of up to 55 feet, depending on the length of vehicles using space.
(2)
Such space shall be located in the side or rear yard only, but in no case in a side yard adjoining a street.
(3)
Loading areas involving on-site maneuvering of trucks shall have provision for a minimum turning path for a WB-50 design vehicle in accordance with standards published by AASHTO and shown in the diagram appended to this chapter when articulated vehicles are allowed access to the site.
E.
Location of parking and loading.
(1)
No parking of vehicles shall be permitted in fire lanes, landscaped areas, aisles, buffer areas, sidewalks or turning areas.
(2)
The off-street parking facilities required for one-family, two-family and multifamily dwellings shall be on the same lot or parcel of land as the buildings they are intended to serve.
(3)
The off-street parking facilities required for nonresidential uses, as permitted by this chapter, shall be provided within 250 feet of the building they are intended to service, measured to the nearest point of the building. However, nothing in this chapter shall be construed as including any municipal parking lot, conducted and maintained by the Township of Union, as satisfying any off-street parking requirement.
(4)
Notwithstanding the provisions of Subsection E(3) above, the following provisions shall apply to certain uses:
(5)
Parking shall be accommodated on grade, subgrade or in a basement, on parking decks or in parking garages.
F.
Parking for one- and two-family dwellings.
(1)
One required space for each dwelling unit shall be in an enclosed garage, and multiple garages for the same building shall be contiguous.
(2)
No driveway or parking area shall be located in the minimum required side yard or rear yard setback.
(3)
All parking shall take place in driveways and designated parking areas. Sidewalks serving one- and two-family dwellings shall not be used for parking.
(4)
All driveways or aprons shall be constructed of concrete or bituminous concrete.
(6)
A driveway shall have a minimum length of 22 feet.
(7)
Whenever possible, apron cuts for driveways on opposite sides of a street shall have a centerline offset of at least 25 feet.
(8)
The maximum gradient for driveways shall be no more than 7% (a seven-foot rise in 100 feet), with a near-level area from 12 to 16 feet long in front of the garage it services.
G.
Parking of trucks and other vehicles in residential zone districts.
(1)
Trucks.
(a)
Only one currently registered operational, commercial or noncommercial light vehicle not exceeding seven feet by seven feet by 20 feet or 8,600 pounds' gross vehicle weight (GVW) may be parked on any property in a residential zone, provided that the vehicle is parked on a paved driveway leading to a garage. The following vehicles are also permitted:
(b)
(Reserved)
(c)
Vehicles are limited to those being used in connection with a service, pickup or delivery being provided at the property.
(d)
Pickup trucks and similar vehicles permitted under this chapter shall not be used for the storage of grass clippings, refuse, debris, etc.
(2)
Recreational vehicles. In residential districts, the parking of recreation equipment shall not be permitted.
(3)
Utility trailers. In residential districts, the parking of trailers and flatbeds such as those used for the moving or hauling of equipment and materials shall not be permitted.
(4)
The parking or storage of disabled or nonoperable vehicles and all dump trucks are prohibited in residential areas.
H.
Tow trucks. The parking and/or storage of tow trucks in streets or on property in all zones is prohibited, except that in gas stations one tow truck is allowed to be used to service the station's customers and not to be used as a towing business.
§ 170-2602 Parking lot lighting and landscaping requirements.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767]
A.
Parking lot lighting.
(1)
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes.
(2)
The lighting plan in and around the parking areas shall provide for nonflare color-corrected lights focused downward.
(3)
Lighting intensity.
(a)
The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated, shall average a minimum of 0.5 footcandle over the entire area and shall be provided by fixtures with a mounting height of not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source, spaced a distance not to exceed five times the mounting height.
(b)
The light intensity shall not exceed 0.5 footcandle along any property line or 0.3 footcandle at a residential property line.
(c)
Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky flow.
(d)
The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to municipal review and approval.
B.
Natural features. The provisions of § 170-2510A, regarding preservation of natural features, shall be complied with.
C.
Parking lot landscaping and screening.
(1)
Except for one- and two-family detached dwellings, a screen planting of a dense evergreen material not less than four feet in height shall be provided between the off-street parking areas and any lot line or street line, except where a building intervenes or where the distance between such areas and the lot line or street line is greater than 150 feet. See § 170-2601C(2).
(2)
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicle and loading platforms from any public street, adjacent residential districts or uses and the front yards of adjacent commercial and industrial uses. Such screening shall be by an extension of the building, a fence, a wall, planting or a combination thereof and shall not be less than four feet in height.
(3)
Each off-street parking area shall have a minimum area equivalent to one parking space per every 30 parking spaces landscaped with half of said spaces having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such landscaped spaces shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility and shall not be construed as meeting the requirements for buffers or screening as specified in this chapter.
§ 170-2603 Right-of-way design and construction.
[Amended 8-23-2022 by Ord. No. 5739; 2-28-2023 by Ord. No. 5757; 5-23-2023 by Ord. No. 5767]
A.
Surfacing. All parking and loading areas and access drives shall be paved as outlined below or the equivalent as determined by the Township Engineer and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably paved, drained and maintained.
(1)
Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous, stabilized base course, constructed in layers of not more than two inches compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Roads and Bridge Construction (1983) and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department specifications and amendments thereto.
(2)
Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous, stabilized base course, prepared and constructed in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department specifications and amendments thereto.
(3)
Where subbase conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbases shall be made in the following manner: The areas shall be excavated to a depth of six to 12 inches below the proposed finished grade and filled with suitable subbase material, as determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material, as described heretofore, shall be spread thereon.
B.
Curbing. All paved areas shall be bounded by concrete or granite block curbing six inches above the paved surfaces and meeting specifications provided by the Township Engineer. Curb cuts or flush curbs with curb stops shall be utilized wherever possible or where directed by the Township Engineer to meet the requirements of nonstructural stormwater management strategies as outlined in Article XVIII for applicable applications. Marking. All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
C.
Drainage and stormwater control. Adequate provision shall be made for storm drainage facilities and control following the provisions of § 170-2506 and, if applicable, Article XVIII.
D.
Sidewalks. Sidewalks shall be constructed in appropriate locations between buildings and parking areas as required by the Planning Board. When used in pedestrian sidewalks or ornamental walkways as part of a landscape plan, paver blocks shall be set in a bed of mortar and grouted with mortar. When used as an ornamental edging, paver blocks shall be treated as curbing and set in mortar so as to prevent shifting. Paver blocks shall be considered impervious surface.
E.
Driveway aprons. No driveway or apron shall be constructed unless the same complies with the following requirements:
(1)
Business and industrial zones.
(a)
All such driveways or aprons shall be constructed of concrete or bituminous concrete.
(b)
Driveway aprons shall be a minimum of 12 feet wide and a maximum of 20 feet wide for one-way traffic, and a minimum of 20 feet wide and a maximum of 30 feet wide for two-way traffic.
(c)
No apron may be located within 10 feet of an end-of-radius curve at an intersecting street.
(2)
Residential zones. Residential aprons shall not be wider than the maximum driveway width as regulated in § 170-2601F(5).
(3)
In such instances as may require two or more aprons at one location, there shall be at least 35 feet of curbing of the same height as contiguous curbs in the area between said driveway apron.
(4)
Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.
(5)
Driveways for nonresidential uses shall have a minimum width of 10 feet for one-way traffic and 20 feet for two-way traffic and shall conform to the transition requirements of § 170-2601C(2).
§ 170-2604 Shared parking.
[Amended 8-23-2022 by Ord. No. 5739]
A shared parking approach may be permitted for mixed-use developments to meet off-street parking requirements in the DC and DT Zone Districts subject to the review procedures specified herein.
A.
An applicant requesting approval of a shared parking approach shall prepare and submit a shared parking analysis report to the Board and its professionals for review. In preparing the analysis, the applicant shall follow the procedures for shared parking specified in the current edition of the Institute of Transportation Engineers (ITE) Parking Generation. The report shall evaluate and illustrate the temporal distribution of the parking demand for all of the uses proposed and confirm that the peak parking demand can be met either fully on site or through an approved off-site parking arrangement with the Township for utilization of a municipally owned parking lot or facility.
B.
For the purpose of calculating the peak parking demand for a shared parking approach, the minimum number of parking spaces for each use shall be as follows:
(1)
Retail sales, retail service (non-food): one space per 500 gross square feet.
(2)
Office: one space per 500 gross square feet.
(3)
Bank: one space per 500 gross square feet.
(4)
Place of assembly: one space per 200 gross square feet.
(5)
Restaurant: one space per 200 gross square feet.
(6)
Residential: as required by Residential Site Improvement Standards (R.S.I.S.) [N.J.A.C. 5:21-4.14(b)].
C.
When using an off-site parking arrangement with the Township as part of a shared parking approach, all or a portion of the parking may be provided as off-site parking at a municipally owned lot or parking facility located within the same shared parking zone as the proposed development site. Shared parking zones include areas within the DT and DC Zone Districts plus additional areas as described in the accompanying Shared Parking Zone Map adopted as part of this section and are generally described as follows:
(1)
Zone 1: south of Morris Avenue between Johnson Place and Floyd Terrace, including Blocks 2902, 2903, and portions of 2904, 2905, 2906, 2917 and 2918.
(2)
Zone 2: north of Morris Ave to Vauxhall Road, including Block 4214 and portions of 4211 (municipal parking lot only), 4213, 4215, 2319, and 2320.
(3)
Zone 3: north of Vauxhall Road to Lentz and Mountainview Avenues, including portions of Blocks 5207, 5208, 5212, 2303, and 2302.
D.
The net additional parking demand on municipal parking shall be calculated pursuant to the shared parking analysis as follows:
(1)
Calculate the net peak demand on municipal parking for both nonresidential and residential uses as follows:
A | Total number of parking spaces required to satisfy nonresidential uses at point of peak demand. |
B | Total number of parking spaces required to satisfy residential uses at point of peak demand. |
C | Total number of parking spaces required to satisfy peak demand (residential and nonresidential combined) (A+B). |
D | Less on-site parking supply (existing to remain and proposed). |
E | Net peak demand on municipal parking (C-D). |
(2)
Calculate the net nonresidential parking demand at the point of total peak parking demand:
A | Total number of parking spaces required to satisfy nonresidential uses at point of peak demand. |
D | Less on-site parking supply (existing to remain and proposed). |
E | Net nonresidential demand on municipal parking at peak (A - D). |
(3)
Calculate the additional demand on municipal parking associated with the residential component as follows:
C | Total peak demand on municipal parking (A + B). |
F | Net nonresidential demand on municipal parking at peak (A - D). |
G | Net additional demand on municipal parking at peak (C - F). |
(4)
If the available on-site parking is greater than nonresidential demand at peak (i.e., the number in Row F above is negative), then the net additional demand on municipal parking at peak is calculated by subtracting the available on-site parking from the residential parking demand at peak (Row B).
E.
The applicant shall enter into a Payment In Lieu of Parking ("PILOP") with the Township, pursuant to the requirements of § 170-1303 per space for the net additional parking demand on municipal parking.
F.
Annual parking permits for residential uses.
(1)
The Township will establish and make available an annual allocation of municipal parking permits for use by the residential occupants of the mixed-use development equivalent to the number of parking spaces required by Residential Site Improvement Standards (RSIS). Each residential unit will be entitled to a minimum of one parking permit and a maximum of two parking permits up to the limit of spaces allocated to the development.
(2)
Municipal parking permits will permit residents to park in municipal parking lots overnight or when no on-site parking is available. A municipal parking permit shall not guarantee the availability of a space in a municipal lot, nor shall a specific municipal parking space be allocated to a residential unit unless otherwise permitted by the Township.
(3)
The annual municipal parking shall be $250 per year or an amount equivalent to the annual per space maintenance cost as determined by the Township plus an administrative fee as may be established by municipal ordinance.
(4)
The Township Administrator shall be responsible for administering the municipal parking permits set forth as part of the shared parking program.
§ 170-2605 Electric vehicle supply/service equipment.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Purpose. 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 storm water runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. CERTIFICATE OF OCCUPANCY CHARGING LEVEL(1) (2) (3) ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
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, nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4)
An appointed officer, as determined by the Township, 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 the Township of Union's land use regulations.
(5)
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c)
A one-time written correction notice is not issued by the appointed officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking spaces.
(1)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-1/3 of the 15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-1/3 of the original 15% of make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this 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.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 170-2702, Site plans.
(2)
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2)
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. The use of time limits is optional and shall be determined by the owner.
(b)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Township of Union's ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Union shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be established by a resolution adopted by the governing body.
(b)
This fee may be amended by a resolution adopted by the governing body.
(c)
Private EVSE: Nothing in this chapter 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.