A.
Purpose. The purpose of a buffer strip is to insulate
residential zones and residential uses in nonresidential zones from
adjacent Business and Industrial Districts, from adjacent arterial
and limited access streets, from adjacent cemeteries and funeral homes
and from any adjacent other specified use as may be specified in this
chapter.
[Amended 12-1-2003 by Ord. No. 2003-30]
B.
Width, nature and function of a buffer strip. A buffer
strip shall consist of a strip of land 50 feet wide along the entire
edge of a residential area. There shall be located within the 25 feet
of said strip closest to the residential area natural or planted trees
and shrubbery, the function of which is to conceal business, industrial,
highway, cemetery, funeral home and other uses, which uses shall be
concealed by a buffer strip so that they cannot be seen from any point
within a residential district that is at ground level and within 1/2
mile or less of the district boundary or property line along which
the buffer strip is located.
[Amended 4-19-1965 by Ord. No. 1965-3; 12-1-2003 by Ord. No. 2003-30]
C.
Types of planting in buffer strips. The types of trees
and shrubbery used in a buffer strip may vary, but an applicant for
a building permit in connection with which there must be provided
a buffer strip shall, prior to the filing of the application for said
building permit, file with the Building Inspector or Zoning Officer
a plan for the buffer strip to be provided; the plan shall show the
layout of all existing trees and shrubbery and the layout of all trees
or shrubbery to be planted; the plan shall also show the size and
type of all trees and shrubbery. Said applicant shall file such additional
information as shall be requested. The planting shown on the buffer
strip plan shall not be made until said plan has been approved. The
buffer strip planting must be of types of trees and shrubbery that
will grow high enough to perform their required function within a
reasonable time and be effective throughout the year. In connection
with this latter requirement, evergreen trees and shrubbery will be
used as necessary. No buffer strip planting shall be required if the
same will impede traffic safety.
[Amended 4-19-1965 by Ord. No. 1965-3]
D.
Responsibility for providing and maintaining a buffer
strip and the location thereof. Responsibility for providing and maintaining
a buffer strip and the location thereof shall be as follows:
(1)
Where a business, industrial or nonresidential use
or zone is adjacent to residentially zoned land or a residential use,
it will be the responsibility of the owner of the business, industrial
or nonresidential use to provide space for and to plant a buffer strip.
[Amended 12-1-2003 by Ord. No. 2003-30]
(2)
Where an arterial or limited access street is adjacent
to residential use, it will be the responsibility of the residential
owner or subdivider to provide space for and to plant a buffer strip.
The buffer strip space shall be provided by providing larger lots
than the minimum otherwise required in this chapter in such a manner
that the additional lot areas will form a buffer strip adjacent to
the arterial or limited access street.
(3)
A buffer strip shall consist of additional yard space
over and above that otherwise required in this chapter and shall be
maintained by the owner of the yard.
(4)
If a park or drainage right-of-way is located along
the alignment of a required buffer strip, the park or drainage right-of-way
area may be utilized in providing the buffer strip area; the person
responsible for providing a buffer strip may be made responsible,
however, for planting and maintaining trees and shrubbery of such
a buffer strip, even though part or all of the buffer strip is in
a park or a drainage right-of-way.
(5)
If the applicant is proposing multifamily housing of any kind and there are, or the applicant is proposing to construct, ponds, lakes or watercourses, whether natural or man-made, on or adjacent to the site, there shall be a fifty-foot buffer between the top of the bank around said pond, lake or watercourse and the nearest wall of any residential structure. Said fifty-foot buffer shall be subject to the provisions of Subsection C of this section of the Code of Ordinances of Mount Laurel Township.
[Added 8-15-1988 by Ord. No. 1988-34]
[Amended 12-7-1981 by Ord. No. 1981-26]
A.
Parking lot design.
[Added 12-1-2003 by Ord. No. 2003-30]
(1)
Parking stall dimensions. All parking spaces shall
be 10 feet by 20 feet, and parking lot aisles shall be 25 feet wide.
(2)
Compact car spaces. An applicant may request that
up to 40% of the parking spaces be reduced only in length to any dimension
between 15 and 20 feet. Each parking row shall contain stalls of the
same dimension. The width of stalls shall be not less than 10 feet
wide. All compact parking rows shall be signed to read "compact cars
only."
(3)
Car overhangs. Where parking stalls are directly adjacent
to open space, eighteen-foot-long stalls may be constructed and such
stalls will be counted as 20 feet due to the two-foot car overhang
into the open space area. Where parked vehicles overhang a sidewalk,
the sidewalk shall be six feet wide. In all parking lot designs light
fixtures shall be located five feet behind the curb. Sidewalks in
front of shopping center buildings shall be designed according to
pedestrian volumes and use.
B.
Automobile parking spaces. The following number of
off-street parking spaces shall be provided as set forth below. The
approving body, at its discretion, may require more parking spaces
than those listed below. The Planning Board may also allow some parking
spaces to be unimproved initially, provided that the physical space
is shown on the plans where the unimproved parking spaces could be
constructed at a future date if the need arises as determined by the
Planning Board.
Land Use
|
Minimum Number of Off-Street Parking Spaces
Required
| |
---|---|---|
All dwellings
|
2 per unit located on the lot or in private
parking bays
| |
Hotels, motels, inns and rooming and boarding
houses*
[Amended 7-2-1990 by Ord. No. 1990-24; 12-1-2003 by Ord. No. 2003-30] |
1 for each rental room, plus 1 for every employee
on the largest shift. If a public restaurant is provided, and 1 space
for each 2 seats
| |
Restaurants, eating establishments, drinking
establishments or other similar establishments*
[Amended 7-2-1990 by Ord. No. 1990-24; 12-1-2003 by Ord. No. 2003-30] |
1 for every 2 seats, plus 1 for every employee
on the largest shift
| |
Coliseums, auditoriums, convention halls, churches,
lodges and theaters with permanent seats*
[Amended 7-2-1990 by Ord. No. 1990-24] |
1 for every 3 permanent seats, plus 1 for every
employee
| |
Exhibition halls, convention halls, ballrooms,
coliseums, auditoriums and theaters with temporary seats*
[Added 7-2-1990 by Ord. No. 1990-24] |
1 for every temporary seat
| |
Retail store
|
1 for each 200 square feet of floor area, exclusive
of basement area if not used for sale or display of merchandise, with
a minimum of 3
| |
Offices, office buildings, other similar estab-
ishment, including professional office and home occupation in a residential
building
[Amended 12-1-2003 by Ord. No. 2003-30] |
1 for each 200 square feet of floor area or
1 for each 150 square feet when there is an open floor plan
| |
Professional and medical offices, dental offices,
clinics and rehab centers
[Amended 12-1-2003 by Ord. No. 2003-30] |
1 for each 200 square feet of floor area, plus
1 for every 2 employees and 1 per doctor
| |
Animal hospitals and clinics
[Added 12-1-2003 by Ord. No. 2003-30] |
1 per doctor, 1 per employee, 1 per every 3
seats
| |
Recreational centers, clubs and health and fitness
center
[Added 12-1-2003 by Ord. No. 2003-30; amended 2-23-2015 by Ord. No. 2015-1] |
1 per 200 square feet of gross floor area, plus
1 for every employee
| |
Building and construction contractor equipment
storage buildings
[Added 12-1-2003 by Ord. No. 2003-30] |
1 per 1,000 square feet of gross floor area
| |
Car washes, automatic
[Added 12-1-2003 by Ord. No. 2003-30] |
10 stacking spaces per wash lane, plus 1 space
per employee
| |
Car washes, self-service
[Added 12-1-2003 by Ord. No. 2003-30] |
3 stacking spaces per wash lane, plus 1 space
per employee
| |
Catering facilities
[Added 12-1-2003 by Ord. No. 2003-30] |
1 per 150 square feet of gross floor area
| |
Country clubs and golf courses
[Added 12-1-2003 by Ord. No. 2003-30] |
10 per tee, plus spaces for other uses
| |
Convenience stores
[Added 12-1-2003 by Ord. No. 2003-30] |
1 per 100 square feet of gross floor area
| |
Wholesale establishments
[Added 12-1-2003 by Ord. No. 2003-30] |
1 for each 1,000 square feet of floor area,
exclusive of basement areas not used for the sale or display of merchandise
or manufacturing
| |
Golf driving ranges
[Added 12-1-2003 by Ord. No. 2003-30] |
2 per tee, plus required spaces for other uses
| |
Miniature golf
[Added 12-1-2003 by Ord. No. 2003-30] |
2 per hole, plus required spaces for other uses
| |
Mixed uses
[Added 12-1-2003 by Ord. No. 2003-30] |
The total requirement shall be the sum of the
component uses computed separately
| |
Moving and storage facilities
[Added 12-1-2003 by Ord. No. 2003-30] |
1 per 1,000 square feet of gross floor area
| |
Postal, parcel, mailing, shipping and delivery
services
[Added 12-1-2003 by Ord. No. 2003-30] |
1 per 200 square feet of gross floor area
| |
Printing and duplicating facilities, studios
for dancing, music, art, etc.
[Added 12-1-2003 by Ord. No. 2003-30] |
1 per 200 square feet of gross floor area
| |
Business and vocational schools, colleges
[Added 12-1-2003 by Ord. No. 2003-30] |
1 space per student at peak use, plus 1 per
teacher/professor/ administrator and staff
| |
Shopping centers
[Added 12-1-2003 by Ord. No. 2003-30] |
1 per 200 square feet of gross floor area
| |
Hospitals, nursing homes or institutions for
the ill or aged
|
1 for every 3 beds
| |
Bowling alleys
|
3 for each alley
| |
Industrial establishments, research laboratories
and warehouses
|
1 for each 2 persons customarily employed at
peak employment on the major shift, plus 1 for 3 persons customarily
employed at peak employment on the largest adjacent shift if the employees
of the 2 shifts are required to be present simultaneously while shifts
are changing; or not less than 1 for each 300 square feet of aggregate
floor area of buildings if employment data is unknown
| |
Schools and child-care cen- ters
|
1 for every 600 square feet of floor area, plus
adequate storage space for pickup and delivery. 1 space for each employee
shall be provided.
| |
Funeral homes
|
1 for each 3 seats devoted to assembly-room
purposes, but in no case less than 50
| |
Motor vehicle service sta- tion or repair garage
|
2, either within or without the structure, for
each 200 square feet of floor or ground area devoted to repair or
service facilities, plus 1 for each employee. In no case shall the
spaces for permitted motor vehicle storage in conjunction with a service
station be less than 5.
| |
Helistop, single-user
[Added 5-4-1998 by Ord. No. 1998-1] |
2
| |
Helistop, multiple-user
[Added 5-4-1998 by Ord. No. 1998-1] |
5
| |
Buildings or uses other than those specified
above
[Amended 12-1-2003 by Ord. No. 2003-30] |
At least 1 for each 1,000 square feet of gross
floor area or lot area, whichever is larger, except when otherwise
authorized as a special exception consistent with the principles set
forth herein for comparable buildings.
| |
Employee parking
[Amended 7-2-1990 by Ord. No. 1990-24; 12-1-2003 by Ord. No. 2003-30; 3-1-2004 by Ord. No. 2004-4] |
For every use for which there are regular employees,
1 for every 2 employees on the largest shift, in addition to the above
parking requirements, unless otherwise specified above except that
this provision shall not apply to the category Offices, Office Buildings,
but shall apply to the category Professional-Medical Offices.
| |
Brewpub
[Added 2-28-2022 by Ord. No. 2022-9] |
1 space per 1,000 square feet of gross floor area devoted to
production or storage space, plus all off-street parking required
of the restaurant use
| |
Winemaking, instructional facility
[Added 2-28-2022 by Ord. No. 2022-9] |
1 space per 500 square feet of gross floor area for instructional
or classroom space, plus 1 space per 2,000 square feet of any storage
area
| |
Micro brewery, craft distillery, winery
[Added 2-28-2022 by Ord. No. 2022-9] |
1 space per 1,000 square feet of gross floor area devoted to
production or storage space, plus 1 space per 150 square feet of gross
floor area in any sales room or tasting room area
| |
Sales room, micro brewery, craft distillery, or winery
[Added 2-28-2022 by Ord. No. 2022-9] |
1 space per 150 square feet of gross floor area
| |
*NOTE: However, in every case there shall be
not less than one space for every two people permitted by the Building
and Fire Code.
|
C.
Truck berths.
(1)
In addition to the parking lot requirements in the
preceding section, truck berths for loading and unloading of goods
and materials shall be provided.
(2)
All retail buildings greater than 10,000 square feet
shall provide truck berths in accordance with the following:
[Amended 12-1-2003 by Ord. No. 2003-30]
Gross Floor Area and Outdoor Area Used
(square feet)
|
Required Number of Truck Berths
| |
---|---|---|
From 10,000 to 19,999
|
1
| |
Greater than 20,000 and up to 40,000
|
2
| |
Greater than 40,000 and up to 100,000
|
3
| |
Each additional 60,000
|
1 additional
|
(3)
Two or more establishments which are adjacent to each
other may combine their gross floor areas and outdoor areas for the
purpose of determining the minimum number of truck berths required
when adjacent establishments utilize truck berths jointly.
(4)
OUTDOOR AREA
As used in this subsection, the following terms shall
have the meanings indicated:
Refers to outdoor areas in active use, such as outdoor manufacturing
areas, outdoor storage areas and outdoor automobile sales lots. Such
areas as yards and other unused open spaces are not intended to be
included in the term "outdoor area" as used in this subsection.
(5)
The size of a truck berth shall be a minimum of 45
feet long and 12 feet wide.
(6)
Driveways, aisles, loading platforms and other areas
required to make a truck berth usable shall not be included in the
minimum area required for a truck berth itself.
(7)
A clear height shall be provided for each truck berth
and for each truck accessway between public streets and a truck berth
equal to a minimum of 14 feet.
D.
Design. Parking spaces shall be designed in accordance
with those provisions of the Subdivision Ordinance dealing with parking
lot design criteria.[1] For all nonresidential uses, provision shall be made for
short-term truck parking and delivery such as Fed Ex, UPS, etc., where
truck berths are not provided. Spaces shall be 12 feet by 20 feet.
[Added 2-7-1983 by Ord. No. 1983-3;
amended 12-1-2003 by Ord. No. 2003-30]
E.
Accessible parking.
[Added 2-7-1983 by Ord. No. 1983-3;
amended 12-1-2003 by Ord. No. 2003-30]
(1)
Two percent of the parking spaces that serve occupants
in buildings of Use Group R-2, R-3, or R-4 that contain accessible
dwelling units shall be accessible.
(a)
Where parking is provided within or beneath
a building, accessible parking spaces shall also be provided within
or beneath the building.
(b)
Where additional parking spaces or parking lot(s)
are provided for visitors, the number of required accessible parking
spaces shall comply with the table below.
(2)
Ten percent of the parking spaces provided for medical
outpatient facilities shall be accessible, with the following exception:
20% of the parking spaces provided by medical facilities that specialize
in the treatment of or services for persons with mobility impairment
shall be accessible.
(3)
For all other use groups, accessible parking spaces
shall comply with the table below. For every eight accessible parking
spaces, or fraction thereof, at least one shall be a van-accessible
parking space.
Total Parking Spaces
|
Required Accessible Parking Spaces
| |
---|---|---|
1-25
|
1
| |
26-50
|
2
| |
51-75
|
3
| |
76-100
|
4
| |
101-150
|
5
| |
151-200
|
6
| |
201-300
|
7
| |
301-400
|
8
| |
401-500
|
9
| |
501-1,000
|
2% of total
| |
1,001 +
|
20, plus 1 for each 100 over 1,000
|
(4)
Accessible parking spaces shall be the closest parking
spaces on the shortest accessible route to an accessible building
entrance. For buildings with multiple accessible entrances, accessible
parking spaces shall be dispersed and shall be located near each of
the accessible building entrances.
(5)
Where accessible parking spaces are provided in parking
facilities that do not serve a particular building, accessible parking
spaces shall be located on the shortest accessible route to an accessible
entrance to the parking facility. In multilevel parking structures,
van-accessible parking spaces may be clustered on one level.
(6)
Each accessible parking space shall be marked with
an R7-8 sign from the Manual of Uniform Traffic Control Devices and
shall display the international symbol of accessibility. Beneath the
R7-8 sign, each accessible parking space shall also be marked with
an R7-8P sign, as required by N.J.S.A. 39:4-198, containing the following
language:
PENALTY
| |
$100 FIRST OFFENSE
| |
SUBSEQUENT OFFENSES
| |
$100 MINIMUM AND/OR
| |
UP TO 90 DAYS COMMUNITY SERVICE
| |
TOW-AWAY ZONE
|
(a)
The bottom of the R7-8 sign shall be mounted
approximately 60 inches above the parking lot or sidewalk surface
when the sign is parallel to the sidewalk and approximately 72 inches
above the parking lot or sidewalk surface when the sign is perpendicular
to the sidewalk.
(b)
The R7-8 sign shall be centered and mounted
at the head of each parking space.
(7)
Each van-accessible space shall be marked with R7-8V
sign.
(8)
Dimensional and construction standards shall be as
set forth in CABOI/ANSI A1171, Section 4.6, Parking Spaces and Passenger
Loading Zones.
F.
Fire lanes.
[Added 2-7-1983 by Ord. No. 1983-3]
(1)
Fire lanes shall be provided on all plans and specifications
for the construction or remodeling of any public building where deemed
necessary. On the site of existing public buildings where fire lanes
are either inadequate or nonexistent and where same are deemed necessary
in the opinion of the Township Fire Marshal, the property owner shall
be required, upon notice, to provide, locate and designate appropriate
fire lanes in accordance with provisions of this chapter.
(2)
Design. Each fire lane shall be constructed to a minimum
width of 18 feet, 12 feet of which shall be paved, gravelled or constructed
of an appropriate stable base with grass or sod topping. Construction
of the fire lane can be combined with a pedestrian path if appropriately
located and constructed. All fire lanes shall be visually designated
either by their form or by the material used in their construction.
In the event that a stable base with grass or sod topping is used
in order to have the fire lane blend with the landscaping, its location
shall be shown by appropriate shrubbery or other designation. When
determining the type of construction which is appropriate for the
fire lane, consideration shall be given to the aesthetics of the site.
(3)
Location. Fire lanes shall be located so as to serve
the entire building from the building site; so as to provide the most
direct means of access for all emergency vehicles; and to be sufficiently
close to the building to provide the means to provide protection for
the structure while being far enough removed so as to provide safety
for the emergency vehicle using the fire lane in the event of the
collapse of the building. However, the ultimate authority with respect
to the determination for the location of the fire lanes shall lie
with the Fire Marshal of the Township of Mount Laurel. The Fire Marshal
shall make the aforesaid determination after reviewing recommendations
of both the Township Engineer and Township Planner.
(4)
Fire lanes shall be appropriately posted with signs
indicating the words "No Parking - Fire Zone" in red letters on a
white background, with a red line bordering the perimeter of the sign,
said sign to be 12 inches by 18 inches, made of metal with rust-resistant
reflectorized coating and posted at the ends of each fire lane and
at one-hundred-foot intervals therein. Fire areas shall also be designated
by covering the face and top of the curb of the prohibited area with
a solid yellow color of paint. The above criteria for the painting
of fire areas is to be considered a minimum and additional painting
may be placed on the site consisting of crosshatches, solid yellow
areas or such other designations, in addition to the curb painting
as may serve to act as a deterrent to parking in fire zones.
G.
Responsibility for erection and maintenance of handicapped
parking and fire lanes signs.
[Added 2-7-1983 by Ord. No. 1983-3]
(1)
The owner of the site involved with the construction
or remodeling shall be responsible for procuring, erecting and marking
handicapped parking spaces and fire lanes.
(2)
All maintenance and repair of the signs and pavement
markings, if any, remain the responsibility of the owner and any successor.
The maintenance and repair shall be a continuing condition of any
approval conferred with respect to the construction, remodeling or
occupancy of the building or structure on the premises. Any failure
to maintain or repair said signs or pavement markings shall be a basis
for voiding the prior approval. Approvals shall be conditional under
this subsection and shall include but not be limited to final site
plan approval and certificates of occupancy. No such approval shall
be held to be void unless a hearing by the issuing officer or agency
has been held on notice to the owner of the premises.
H.
Enforcement.
[Added 2-7-1983 by Ord. No. 1983-3]
(1)
No unauthorized vehicles shall be allowed to park,
stand or stop in any fire lane or handicapped parking space. For purposes
of this section of this Code, the words "No Parking-Fire Zone" which
are set forth on any properly posted sign within the Township of Mount
Laurel shall be construed to mean that there is a prohibition against
parking, stopping, standing or leaving a running vehicle unattended
within a fire lane portion of a roadway or parking lot. Any violation
of this provision shall be subject to a fine not to exceed $100 for
each offense. "Unauthorized vehicle" shall be interpreted to mean
a vehicle other than emergency vehicles, with respect to fire lane,
and any vehicle which does not prominently display appropriate identification
issued by the State of New Jersey, Division of Motor Vehicles, showing
that a driver or occupant of the vehicle is a physically handicapped
person, with respect to parking in handicapped spaces. It shall be
prima facie evidence of guilt that said identification is not prominently
displayed. Subsequent production of such identification shall go to
mitigation only and not toward guilt or innocence with respect to
the offense.
[Amended 5-5-1997 by Ord. No. 1997-11]
(2)
Municipal control of parking, stopping or standing
in fire lanes or handicapped parking spaces is exclusive. No approval
by the Director of the Division of Motor Vehicles shall be required,
nor shall such circumstances be used or accepted as a defense.
(3)
For any vehicle in violation of this section and requiring
towing, the cost of said towing will be paid for by the owner of said
vehicle.
Off-street loading and unloading space, with
proper access from a street or alley, shall be provided on any lot
on which a building for trade or business is hereafter erected or
substantially altered.
A.
Front yard exceptions. In R-1, R-2, R-3 Residence
Districts and Business Districts, the front yards of a proposed building
may be decreased in depth to the average alignment of existing buildings
within 100 feet on each side of the proposed building and within the
same block, if such alignment of existing buildings is less than the
front yard requirement for the district.
B.
Yard exceptions for private garages and accessory
buildings. A private garage or other accessory building which is not
an integral structural part of a main building may be located in the
required side or rear yard but not less than six feet from any property
line, provided that such building is situated not less than 10 feet
farther back from the street line than the rearmost portion of the
main building. The provisions of this section shall not apply to a
side yard or rear yard which abuts a street. Nothing in this section
shall be construed to prohibit the erection of a common or joint garage
which is not an integral structural part of a main building or adjoining
lots.
On any corner lot, no wall, fence or other structure
shall be erected or altered and no hedge, tree, shrub, or other growth
shall be maintained which may cause danger to traffic on a street
or public road by obscuring the view.
[Amended 4-24-2017 by Ord. No. 2017-6]
A temporary permit may be authorized by the
Board of Adjustment or Planning Board, as may be appropriate, for
a nonconforming structure or use when it seems beneficial to the public
health or general welfare or which it deems necessary to promote the
proper development of the community, provided that such nonconforming
structure or use shall be completely removed upon expiration of the
permit without cost to the Township. Such permit shall be issued for
a specified period of time not exceeding one year and may be renewed
annually, for an aggregate period of not more than three years, including
the original authorization.
A.
Continuation. Any lawful use of a building or land
existing at the effective date of this chapter may be continued although
such use does not conform to provisions of this chapter.
B.
Extension.
[Repealed 10-20-1975 by Ord. No. 1975-9]
C.
Changes. A nonconforming use of a building or land
may be changed to a nonconforming use of the same or more restricted
classification. Whenever a nonconforming use of a building or land
has been changed to a use of a more restricted classification or to
a conforming use, such use shall not thereafter be changed to a use
of a less restricted classification.
D.
Restoration. A nonconforming use or building which
is partially destroyed by fire, explosion, flood or other phenomenon
or legally condemned may be reconstructed, repaired and used for the
same nonconforming use, provided that building reconstruction shall
be commenced within one year from the date the building was destroyed
or condemned and shall be carried on without interruption.
E.
Abandonment. If a nonconforming use of a building
or land is voluntarily abandoned and ceases for a continuous period
of one year or more, subsequent use of such building or land shall
be in conformity with the provisions of this chapter.
F.
Pervious and impervious areas. A single-family home
proposing an addition that will exceed the maximum impervious surface
shall require a variance therefor. The homeowner must mitigate the
impact of the additional impervious surfaces unless the stormwater
management plan for the development provided for these increases in
impervious surfaces. The mitigation effort must address water quality,
flooding and groundwater recharge as described in the residential
site improvement standards.
[Added 5-21-2007 by Ord. No. 2007-6]
A building may be erected on any lot held in single and separate ownership at the effective date of this chapter which is not of the required minimum area or width, when approved by the Board of Adjustment in accordance with § 154-78, provided that adequate sanitation provisions shall be made.
A.
Impervious surfaces. It is hereby required that construction
upon a nonconforming lot must comply with all impervious surface requirements
of the Township of Mount Laurel. The homeowner must mitigate the impact
of the additional impervious surfaces unless the stormwater management
plan for the development provided for these increases in impervious
surfaces. This mitigation effort must address water quality, flooding,
and groundwater recharge as described in the residential site improvement
standards (RSIS).
[Added 5-21-2007 by Ord. No. 2007-6]
B.
Lots existing
on September 1, 2008.
[Added 2-2-2009 by Ord. No. 2009-2]
(1)
Lot
frontage. Such lots shall be considered conforming lots if such lot
satisfies the following:
(2)
Lot
suitability only in the R-3 Residence District.
(a)
Lots created under the prior lot suitability ordinance[1] and containing an existing dwelling shall be considered
conforming lots if the lot satisfies the minimum lot area and the
principal structure will satisfy all required yard areas.
(b)
Vacant lots created under the prior lot suitability ordinance and subject to the environmental restriction line shall be considered conforming lots for the initial course of construction if the lot area and minimum yard areas, including the rear yard located outside of the environmental restriction line, are satisfied. After the initial construction of the dwelling, such lots shall be considered conforming lots as specified in Subsection B(2)(a) above.
[Added 9-25-2017 by Ord.
No. 2017-17; amended 2-25-2019 by Ord. No. 2019-6]
B.
Roof-mounted solar energy systems within nonresidential districts
shall comply with the following standards:
(1)
Roof-mounted solar energy systems shall be installed only on the
principal building of the property.
(2)
A roof-mounted solar energy system shall be mounted parallel to the
roof angle and shall not exceed a height of three feet above the edge
of the roofline or above the highest point of the roof surface or
structure.
(3)
A roof-mounted solar energy system that is to be mounted on a flat
roof may be angled to achieve maximum sun exposure, but shall not
exceed five feet above the roof.
(4)
In no instance shall any part of a roof-mounted solar energy system
extend beyond the roof edge.
(5)
An external disconnect switch shall be provided, and the owner must
file a map with the Township Fire and Police Departments clearly showing
where the disconnect switch is located. The location of the external
disconnect switch must be reviewed and approved by both the Township
Fire and Police Departments prior to installation.
(6)
Roof-mounted solar energy systems shall not be visible from ground
level and adjacent streets or rights-of-way.
(7)
Architectural renderings should be provided to illustrate anticipated
visual impact from the proposed improvements.
(8)
All electric lines/utility wires shall be buried underground, as
applicable and by applicable regulation and/or Code. All electric
lines/utility wires leading down the side of the structure from rooftop
installations shall be placed and tacked as aesthetically as possible.
(9)
The structural design of any solar energy system shall be signed
and sealed by a professional engineer, licensed in the State of New
Jersey, certifying that the structural design complies with all of
the standards set forth for safety and stability in all applicable
codes then in effect in the State of New Jersey.
(10)
The primary purpose of a solar energy system will be to provide
power for the principal use of the property whereon said system is
to be located and shall not be for the generation of power for commercial
purposes for resale.
D.
Ground-mounted solar energy systems within nonresidential districts shall comply with § 154-21F and G as well as the following standards:
(1)
Ground-mounted solar arrays shall comply with the setback and buffer
requirements of the underlying zone.
(2)
Section 154-21F(7) and (9) are not applicable.
(3)
Shall be screened from off-site views.
(4)
Solar panels shall not overhang drive aisles and circulation routes,
however may be installed over parking spaces, provided a minimum of
14 feet of clearance is provided. Height warning signs shall also
be installed.
[1]
Editor's Note: Former § 154-76,
Conversion of dwellings into two- or three-family uses, was repealed
3-15-1993 by Ord. No. 1993-5.
A.
Noxious or offensive uses.
(1)
No building may be erected, altered or used and no lot or premises may be used in a Residence or Business District for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise or which constitutes a public hazard whether by fire, explosion or otherwise in the immediately surrounding area. In an Industrial District, no use which shall create a noxious, offensive or hazardous condition beyond an Industrial District boundary line shall be permitted. In determining whether a proposed manufacturing use is noxious, hazardous or offensive, the following standards, in addition to those set forth in Article VII, shall apply. The proposed operation or use shall not:
(a)
Constitute a public nuisance by reason of dissemination
of noxious, toxic or corrosive fumes, smoke, odor or dust;
(b)
Result in noise or vibration exceeding the average
intensity of noise or vibration occurring from other causes at the
district boundary line;
(c)
Endanger surrounding areas by reason of fire
or explosion;
(d)
Produce objectionable heat or glare in neighboring
nonindustrial areas;
(e)
Result in electrical disturbance in nearby residences;
(f)
Contribute to the pollution of waters; or
(g)
Create any other objectionable condition which
will endanger public health or safety or be detrimental to the proper
use of the surrounding area.
(2)
The applicant for a use which is subject to review by the Board of Adjustment shall demonstrate, as a condition of approval, that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined above and in Article VIII hereof. In order to determine that adequate safeguards are provided, the Zoning Administrative Officer or the Board of Adjustment may require that the applicant submit necessary information, plans, impartial, expert judgments and written assurances; obtain the expert advice of official agencies or of private experts or consultants; and make such reasonable tests as are deemed necessary.
B.
No lot or premises may be used for a trailer camp
nor shall any trailer or trailer camp be permitted within any district.
C.
The excavation or removal of sand, gravel, topsoil
or similar materials shall not be permitted for sale or for use other
than on the premises from which the same shall be taken except in
connection with the construction or alteration of a building on such
premises and excavation or grading incidental thereto.
D.
No tent shall be used for dwelling purposes in any
district.
E.
No commercial migrant labor camp shall be permitted
within any district.
F.
No building, lot, premises or any portion thereof
shall be permitted to be used in any zoning district of the Township
of Mount Laurel, by any person, persons, firm, partnership or corporation,
in or for the business of dealing in secondhand or used motor vehicles
as defined herein. For the purpose of this section, "secondhand or
used motor vehicles" are defined as being motor vehicles which have
not been acquired by a person, persons, firm, partnership or corporation
in a trade-in transaction arriving from and out of a sale or disposition
at retail of new motor vehicles in the Township.
[Amended 4-15-1968 by Ord. No. 1968-4]
G.
No commercial sanitary landfills shall be permitted
in any district other than sanitary landfills operated by the Township
of Mount Laurel or an agency thereof; however, nothing set forth in
this subsection shall be deemed to prohibit any lawful land reclamation
program, which program is herein defined as being a program of filling
in premises or making foundational improvements so as to prepare the
premises for a use permitted under the terms of this chapter in those
cases where the topographical and geological or marginal characteristics
of the land render it useless for permitted uses as designated in
this chapter. Said lawful land reclamation program shall be permitted,
provided that:
[Amended 8-18-1969 by Ord. No. 1969-13]
(1)
An application is made to the Zoning Board of Adjustment
for a permit prior to the commencement of such lawful land reclamation
program.
(2)
GARBAGE
REFUSE
RUBBISH
All fill to be used in a lawful land reclamation program
shall be approved by the Zoning Board of Adjustment and shall not
include garbage, refuse, animal, vegetable or other putrescible matter
or rubbish as hereinafter defined or any fill or method of fill found
by the Board to be detrimental to public health, safety or welfare
or to create drainage problems. The words "garbage," "refuse" and
"rubbish," as they appear in this chapter, are hereby defined as follows:
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
All putrescible and nonputrescible solid wastes, including
body wastes, dead animals and automobiles, solid market and industrial
wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cardboard, tin
cans, glass, bedding, trash and similar materials.
(3)
The Zoning Board of Adjustment shall determine and,
where necessary, impose conditions to ensure that the fill and method
thereof will not create harbors for rodents, will not cause dust or
other annoyance or injury to adjoining properties, will be conducted
with regard for public safety, will be commenced and thereafter diligently
carried to a conclusion in a reasonable time, will be conducted in
such a manner and on such days and between such hours as not to cause
annoyance to others and will be stabilized by seeding or other means
upon completion.
H.
I.
A use that is not specifically listed in a zoning
district is prohibited.
[Added 12-1-2003 by Ord. No. 2003-30]
J.
All permanently installed basketball poles, backboards
and nets shall be prohibited from being located in any street right-of-way.
[Added 12-1-2003 by Ord. No. 2003-34]
K.
Amusement facilities.
[Added 12-15-2003 by Ord. No. 2003-20]
L.
Laser light shows and displays.
[Added 12-15-2003 by Ord. No. 2003-20]
M.
Fireworks shows and displays.
[Added 12-15-2003 by Ord. No. 2003-20]
[Amended 3-15-1993 by Ord. No. 1993-5]
In any instance where either the Board of Adjustment
or the Planning Board is required to consider an application for either
a conditional use or a variance from the requirements of this chapter,
or from the Zoning Map enacted under the Municipal Land Use Law,[1] the Planning Board and/or Board of Adjustment shall, among
other things:
A.
Assure itself that the proposed change is consistent
with the spirit, purpose and intent of the Zoning Ordinance.
B.
Determine that the proposed change will not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood and that the use of the property adjacent
to the area included in the proposed change or plan is adequately
safeguarded.
C.
Determine that the proposed change will serve the
best interests of the Township, the convenience of the community (where
applicable) and the public welfare.
D.
Consider the effect of the proposed change upon the
logical, efficient and economical extension of public services and
facilities, such as public water, sewers, police and fire protection
and public schools.
E.
Be guided in its study, review and recommendation
by sound standards of subdivision practice, where applicable.
F.
Impose such conditions, in addition to those required,
as are necessary to assure that the intent of the Zoning Ordinance
is complied with, which conditions may include but are not limited
to harmonious design of buildings, planting and its maintenance as
a sight or sound screen, the minimizing of noxious, offensive or hazardous
elements, adequate standards of parking and sanitation.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 12-17-1973 by Ord. No. 1973-15]
No lot, tract or parcel of ground shall be developed
in such a manner so as to exceed eighty-percent coverage of the land
with buildings and/or improvements. Improvements shall include all
paving, concrete and macadam or any other material which replaces
land and/or landscaping. It is the intention of this provision to
maintain at least 20% of the site in open and/or landscaped area for
the purpose of percolation, aesthetics, buffering, preservation of
natural features and other ecological considerations. This provision
shall apply to all uses in all districts in the Township, unless a
more restrictive standard is imposed elsewhere.
[Added 12-7-1981 by Ord. No. 1981-27]
A.
RESTAURANT
DRIVE-IN AND DRIVE-THROUGH OR TAKEOUT RESTAURANTS
CONVENIENCE STORES
The following words shall have the following meanings:
An establishment where refreshments or meals may be obtained
by the public for consumption on the premises within the building
housing the restaurant and at the tables provided for the public by
the owners or management of the establishments.
Establishments where patrons are served or can obtain refreshments
or meals for principal consumption outside the confines of the principal
building or in automobiles parked upon the premises regardless of
whether or not in addition thereto seats or other accommodations are
provided for patrons.
Stores commonly known as 7-11, Wawa, Cumberland Farms, etc.
B.
Drive-in restaurants and drive-through and takeout
restaurants as well as drive-in and drive-through facilities connected
with restaurants and convenience stores are permitted in the Major
Commercial, Neighborhood Commercial, Business and Industrial Districts.
[Added 4-22-2019 by Ord.
No. 2019-15]
A.
Mobile food facilities shall be permitted as an accessory use in
all nonresidential zones.
B.
Mobile food facilities shall require zoning approval. Failure to
provide such information as indicated below shall result in a denial
of zoning approval.
D.
The following additional design standards shall apply to mobile food
facilities:
(1)
The proposed lot must have an existing active principal use.
(2)
The requirements for mobile food facilities operation area is
as follows:
(a)
Space must be a minimum of 20 feet by 40 feet.
(b)
Minimum setback from the right-of-way shall be three feet.
(c)
Minimum setback from property lines shall be 15 feet or 50 feet
if adjoining lot is residential.
(d)
An area cannot encroach upon the required minimum parking for
the principal use on the lot.
(e)
Shall not be within 50 feet of any fire hydrants or Fire Department
connections.
(f)
Shall not interfere with the safe flow of traffic or pedestrian
movement.
(g)
Shall not interfere with accessible routes or accessible parking
areas.
(h)
Shall not place any signage outside the approved area of operation.
E.
The following items shall be submitted on the plan for review and
approval:
(1)
A survey or plot plan showing all information necessary to accurately
depict existing conditions, the proposed location of the mobile food
facility area of operation, and how the proposed use will function
on the site. Information shall include, but not be limited to, the
following:
(a)
The location of all existing and proposed structures, including
buildings and utility poles;
(b)
Surrounding driveways, sidewalks, ADA facilities, and parking
areas, including number of parking spaces;
(c)
Details of pedestrian and vehicular circulation;
(d)
Proposed storage location for mobile food facility;
(e)
Surrounding uses and natural features;
(f)
Provisions for or access to sanitary facilities for merchants
and employees.
(2)
Plan for managing trash and litter generated during operations
and removal of same at the close of business daily.
(3)
Signage plan.
(4)
Lighting details, including existing and proposed.
(5)
Details of ancillary activities, including but not limited to
seating and tables, where space permits outside of the public right-of-way.
(6)
Any other information deemed necessary for approval.
(7)
Details of food preparation, including but not limited to:
(a)
Food preparation details.
(b)
Anticipated food menu.
(c)
Floor plan of mobile food facility illustrating equipment location.
(d)
Specification sheets for all proposed equipment.
(e)
Colored rendering of mobile vendor vehicle wrap.
(f)
Review and approval from the Burlington County Department of
Public Health.
(g)
Review and approval and an inspection from the Mount Laurel
Fire Department.
F.
Except as otherwise provided by specific exception in this chapter,
persons subject to this chapter, including persons claiming an exemption
from the requirement of the municipal licensing, shall not:
(1)
Station, place, set up or maintain wares adjacent to any sidewalk
if to do so would place him closer than 200 feet to another vendor
who is selling adjacent to the sidewalk, or in the public right-of-way.
(2)
Station, place, set up or maintain its wares or equipment in
such a way as would restrict, obstruct, interfere with or impede the
pedestrian's right-of-way; restrict, obstruct, interfere with the
use or enjoyment from the abutting property; create or become a nuisance;
increase traffic congestion, cause or increase traffic delay or hazards;
cause or create or constitute a danger to life, health, or property;
sell food, drinks, ice cream or confections of any kind for immediate
consumption unless he has available for public use his own litter
receptacle which must be attached to his cart or vehicle which shall
be clearly marked and maintained for his patronage use, nor shall
any mobile food facility leave any location without first picking
up, removing and disposing of any trash or refuse remaining from sales
made by him.
(3)
Station, place, set up or maintain its wares closer than 50
feet from the curbline or end of pavement of intersecting streets.
(4)
Place its wares in such way as would reduce the unobstructed
pedestrian right-of-way on a sidewalk to less than six feet.
(5)
Engage in business within 25 feet of any location where the
curb has been depressed to facilitate pedestrian or vehicle movement.
(6)
Engage in business on any sidewalk or along any street within
50 feet of any fire hydrant, or within 25 feet of any crosswalk, bus
stop, or a driveway.
(7)
Place its wares in front of the display windows or signs of
fixed-location businesses, nor shall they be within 20 feet from the
entrance door to a fixed-location business.
(8)
Operate in such a manner as to restrict the continued maintenance
of a clear passageway for vehicles or pedestrians.
(9)
Solicit, conduct business with or sell to persons in motor vehicles.
(10)
Leave its wares unattended at any time or store, place or leave
the same overnight on any sidewalk or public way of the Township.
(11)
Engage in business within 200 feet of the grounds of any church,
synagogue or other house of worship while same is in session.
(12)
Use or operate any loudspeaker, public address system, sound
amplifier, horn, bell, radio, record player, tape player, CD player,
musical instrument or any similar device used to attract attention,
entertain the public. The operator of the mobile food facility may
listen to music within the truck as long as the sound level is contained
within the mobile food facility.
(13)
Sell from any one site or area for a period of more than four
hours, including time for setup and breakdown of a mobile food facility.
After four hours, the mobile food facility must move to a new location
at least 300 feet away from where he was doing business or cease doing
business. No vendor may return to the same location in any calendar
day. No vendor shall place any object, sign, or person nor take any
action designed to reserve a location for their use. Any such object
may be removed and kept as evidence of a violation by any person,
who shall promptly surrender it to the police.
(14)
Place its wares other than on a mobile food facility, whether
it be a cart, single table no larger than 96 inches long by 48 inches
wide by 72 inches high or display unit similar to a table which shall
occupy a space no larger than 32 square feet.
(15)
Engage in business within 300 feet of any fixed place of business
selling substantially similar merchandise; a food vendor shall not
operate within 300 feet of a restaurant.
G.
Appearance and maintenance of mobile food facilities.
(1)
All mobile food facilities shall be properly maintained to the
same standards as any licensed cooking facility, including proper
refrigeration, and food safety regulations.
(2)
Mobile food vehicles must be operated and properly maintained
in accordance with all applicable motor vehicle and transportation
codes.
H.
Lighting. To the greatest extent feasible, mobile food facilities
shall utilize existing surrounding light to avoid creating additional
lighting and glare conditions onto adjacent properties. Additional
lighting may be permitted where needed, which shall be adequately
shielded to eliminate light spillage onto adjacent streets, travelways,
properties and uses. The Township Engineer and Construction Official
must each agree to this provision considering items such as, but not
limited to, spillage, wiring, power sources and general safety.
I.
Trash. One trash receptacle is required for each mobile food vendor,
and all solid waste shall be disposed of and removed on a daily basis.
J.
Signage. No identification signage beyond vehicular signage shall
be permitted. No mobile food facility shall display more than two
exterior informational signs not to exceed two square feet each;
(1)
Any display or offer of sale within the public right-of-way
or no more than two feet from the mobile food facility is prohibited;
(2)
All signage must be in accordance with code provisions that
regulate signage within the Township and not be placed in right-of-way;
(3)
All vehicular signs shall be in accordance with state motor
vehicle standards.
[Added 2-28-2022 by Ord. No. 2022-5]
A.
Registration
and fees.
(1)
All properties to be used as residential short-term rentals shall
register with the Township of Mount Laurel and obtain a permit from
the Department/Division of Housing prior to advertising or leasing
the property as a short-term rental.
(2)
No property shall be utilized or operated as a residential short-term
rental property without first obtaining a permit from the Department/Division
of Housing.
(3)
Applications for residential short-term rental permits shall be available
in the office of the Township Clerk.
(4)
Any property to be used as a residential short-term rental property
shall also seek and obtain a rental certificate of occupancy from
the Township of Mount Laurel in addition to a short-term rental permit.
(5)
No short-term rental permit shall be issued to any property that
has not been granted a rental certificate of occupancy.
(6)
A short- term rental registration fee of $250 shall be paid upon
initial registration.
(7)
All short-term rental properties shall have a responsible party identified
on the registration form that shall be the primary contact person
for any matter related to the short-term rental of a property.
(8)
Once issued, a short-term rental permit shall be valid for one year
from the date of issuance.
(9)
A previously permitted short-term rental property may extend the
duration of the permit by an additional year by paying an annual renewal
fee of $100, which shall be due no later than one year after the date
the initial permit is issued, and with the property receiving a new
certificate of occupancy as a rental unit.
(10)
A short-term rental permit shall be considered void and expired upon
any sale or transfer of title of a property for which a permit had
previously been granted. A new owner of a property that had previously
been issued a short-term rental permit must submit a new application
for a new permit if the property is to be continually used as a short-term
rental after a sale or transfer of title.
(11)
All short-term rentals shall be subject to the Township hotel and motel occupancy tax as per Chapter 139 of the Township Code.
(12)
Once a complete application for a residential short-term rental permit
has been submitted, the Department/Division of Housing shall have
10 business days to either issue a permit or deny the issuance of
a permit. If a permit is denied, the reasons for denial of a permit
shall be stated in writing.
(13)
If denied, an applicant for a residential short-term rental permit
shall have up to 10 business days to appeal a denial. Any appeal of
a denial of a permit shall be made in writing to the Department/Division
of Housing, stating the grounds for the appeal.
(14)
Within 30 days of the receipt of any such appeal, the Township Manager
or their designee shall hear and adjudicate the appeal.
B.
Short-term
rental use restrictions and operational requirements.
(1)
Short-term rentals shall be permitted as an accessory use to permitted
principal residential uses in all zoning districts of the Township.
(2)
All properties to be used as a short-term rental shall otherwise
be occupied and maintained by the owner as their primary place of
residence.
(3)
Short-term rentals of residential properties shall be limited to
a maximum cumulative total of 100 days in a calendar year in which
they may be leased.
(4)
A dwelling unit shall be limited to a single short-term rental contract
at any one time.
(5)
Any property to be used as a short-term rental residential property
that is not otherwise owner-occupied or will be used as a short-term
rental property for more than 100 days in a calendar year shall be
considered to be a hotel or motel, and subject to all zoning and other
regulations of the Township for hotels and motels.
(6)
No short-term rental of a residential property shall be permitted
within any dormitory, assisted living facility, community residence,
convalescent home, adult day care, community shelters for victims
of domestic violence, transitional housing facility, or residence
for the developmentally disabled.
(7)
The advertisement and contract for any short-term rental property
shall indicate the number of off-street parking spaces that are available
for use by tenants.
(8)
At all times during the duration of a contract rental of a residential
short-term rental property, either the owner or the identified responsible
party shall be available for the purpose of responding to any complaints
regarding the condition of the property or any nuisance complaints
from the Mount Laurel Township Police Department regarding the conduct
of any occupants of the short-term rental property.
(9)
The owner or identified responsible party of any residential short-term
rental property shall maintain an up-to-date log of all lessees and
occupants of a short-term rental property. Said log shall be available
for inspection by Township staff or the Mount Laurel Township Police
Department upon request.
(10)
If at any time during the duration of a contract rental of a residential
short-term rental the owner or the identified responsible party cannot
be reached within two hours to respond to a complaint, this shall
be considered to be a violation of this section.
(11)
If any short-term rental property is the subject of three or more
violations or substantiated nuisance complaints, the Township may
revoke the short-term rental permit, and the property will not be
eligible to apply for another permit for at least two years following
the revocation of the short-term rental permit.
[Added 2-28-2022 by Ord. No. 2022-9]
A.
A tasting
room and/or salesroom for sampling and purchasing of beverages produced
on the premises may be permitted as an accessory use.
B.
An instructional
facility may be permitted as an accessory use to a winery.
C.
A micro
brewery, craft distillery, or winery may include outdoor seating on
the premises provided that the seating area is enclosed by fencing,
landscaping, or gates at least 36 inches in height, and does not interfere
with any necessary pedestrian or vehicular circulation.
D.
The hours of operation where sales of alcoholic beverages for consumption on the premises is permitted shall be limited to those hours set forth in § 61-10 of the Township Code.
E.
No operation
of a kitchen or restaurant on the premises shall be permitted, and
no prepared food shall be sold on the premises. Finger food snacks
may be offered on the premises without charge.
F.
Live
entertainment is permitted inside the facility during all hours of
operation. Outdoor entertainment on the premises shall be limited
to the hours of between 12:00 noon to 12:00 midnight.
G.
All
storage of waste materials, garbage, and recyclable materials shall
be in enclosed containers, and stored inside the primary building,
or within a separately enclosed structure that will completely confine
any odors.
[Added 2-28-2022 by Ord. No. 2022-9]
A.
A sales
room for a micro brewery, craft distillery, or winery may include
outdoor seating on the premises provided that the seating area is
enclosed by fencing, landscaping, or gates at least 36 inches in height,
and does not interfere with any necessary pedestrian or vehicular
circulation.
B.
The hours of operation where sales of alcoholic beverages for consumption on the premises is permitted shall be in accordance with § 61-10 of the Township Code.
C.
No operation
of a kitchen or restaurant on the premises shall be permitted, and
no prepared food shall be sold on the premises. Finger food snacks
may be offered on the premises without charge.
D.
Live
entertainment is permitted inside the facility during all hours of
operation. Outdoor entertainment shall be limited to between the hours
of 12:00 noon to 12:00 midnight.
[Added 2-28-2022 by Ord. No. 2022-9]
A.
Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection A(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
B.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall
be included in the calculation of minimum required parking spaces.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
C.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE. [Note: The use of time limits is optional and shall be determined
by the owner.]
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public Parking. Pursuant to NJSA 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection C(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection C(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Mount Laurel Township's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection C(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
Mount Laurel Township shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection C(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: The Township of Mount
Laurel will award EVT station by bid, state contract, or co-op and
fee will be set by awarding company. Fee is to be in accordance with
bid, state contract, or co-op.
(b)
This fee may be amended by a resolution adopted by the governing
body.
(c)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.