[Amended 8-4-2008 by Ord. No. 9-2008]
A. 
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to or enlarged or rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and unless it meets the requirements as set forth by the Schedule of Area, Yard and Building Requirements, appended hereto and constituting a part of this chapter; nor shall it be reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, required off-street parking space and such other regulations designated in said schedule and this chapter for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter, and any certificate of occupancy for such building shall thereupon become null and void. Where applicable, no building shall hereinafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, unless said building complies with the requirements of the New Jersey Wetlands Act and Floodplains Act.[1]
[1]
Editor's Note: See N.J.S.A. 13:9A-1 et seq.
B. 
A foundation compliance certificate from the Zoning Officer shall be required for all new construction. An as-built survey of the location of the foundation shall be required at the earliest practical time after the foundation work has been completed. This requirement is for all new buildings, substantial improvements, or additions to existing buildings. This survey is to be submitted to the Zoning Officer, with a foundation compliance application and a zoning review fee of $35.
C. 
In flood zones and flood hazard areas, a flood elevation compliance certificate from the Zoning Officer shall be required for all new construction. An as-built flood elevation survey certificate shall be required at the earliest practical time after the foundation work has been completed. This requirement is for all new buildings, substantial improvements or additions to existing buildings. This certificate is to be submitted to the Zoning Officer, with an elevation compliance application and a zoning review fee of $35.
D. 
An applicant may seek relief from either or both the as-built foundation compliance certificate or the as-built flood elevation compliance certificate from the Zoning Officer. The request for relief must be in writing, clearly stating that the applicant understands that continued performance of work shall be at his or her own risk, that no relief will be granted for any nonconformity that may result from the failure to obtain the aforementioned compliance certificates in a timely manner, and that the granting of this relief will still require the submission of an accurate as-built documentation prior to the issuance of a certificate of occupancy. This request is to be submitted to the Zoning Officer with a compliance certificate waiver application and a zoning review fee of $35.
E. 
Applications for compliance certificates and waivers shall be on forms prescribed by the Zoning Officer, setting forth all information required for zoning permits generally.
The provisions of this chapter shall not apply to utility distribution or collection lines for water, gas, sewerage and electric and telephone services which are located in a public street or which provide service to private property; provided, however, that public utilities and authorities shall be subject to the provisions of Article IV for the installation of any facilities except collection or distribution lines.
A. 
Every principal building shall be built upon a lot with frontage upon a private or public street which has been improved in accordance with the appropriate Borough standards or for which such improvement has been ensured by the posting of a performance guaranty pursuant to the Land Subdivision Ordinance of the Borough of Tuckerton.[1]
[1]
Editor's Note: See Ch. 231, Subdivision of Land.
B. 
No residential lot shall have erected upon it more than one principal building except as otherwise provided in this chapter.
Off-street parking space shall be provided as specified in Article VII of this chapter and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the principal use is situated and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be surfaced with a dustless, durable, all-weather pavement, surrounded by concrete curbing, clearly marked for car spaces, except when provided in connection with one-family residential uses, and shall be adequately drained, subject to the approval of the Borough Engineer.
A. 
The limitations on signs as set forth in Article VIII of this chapter shall not apply to signs erected by the federal, state, county or municipal government, or agency thereof, nor to any no-trespassing sign erected in accordance with the applicable statutes of the State of New Jersey.
B. 
The limitations on sign area as set forth by this chapter for business zones shall not apply to parking lot markers, directional signs and entrance and exit signs which are erected on the premises, provided that each sign does not exceed two square feet in area and does not contain any advertising of the use on the premises, and further provided that the number and location of said signs are approved by the Planning Board.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil or any other soft material for use off tract unless he shall obtain a permit from the Borough Council as provided in a separate ordinance.
An accessory building attached to the principal building shall comply in all respects with the yard requirements of this chapter in respect to the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building, unless specific provisions of the schedule permit otherwise.
No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.
In the case of irregularly shaped lots, the minimum lot width requirements specified in the schedule shall be measured at the rear line of the required front yard setback parallel to the street line, provided that in no case shall the frontage or the distance between side lot lines at the property line be reduced to less than 20% of the minimum frontage requirement, provided that the requirement for square foot area for the zone in which the lot is located is met.
All yard areas facing on a public street shall be considered as front yards and shall conform to the minimum front yard requirements for the particular zone. The rear yard shall be deemed to be the area opposite the narrower lot frontage, and the remaining lot yard areas shall be side yards.
On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than 2 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection measured along said street lines.[1]
[1]
Editor's Note: See also Ch. 229, Streets and Sidewalks, Art. IV, Visual Obstructions Near Roadways.
[Amended 6-3-2013 by Ord. No. 4-2013]
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projection of sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projects shall project into the minimum side yards more than 24 inches. Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor may extend into any yard, provided that the total area of all such porches which extend into such yards does not exceed 300 square feet.
Where a building lot has frontage upon a street which, in the Official Map or Master Plan of Tuckerton Borough or any official plan or proposal of Ocean County or the State of New Jersey, is contemplated for right-of-way widening, the required front yard shall be measured from the proposed future right-of-way boundary.
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days of enactment of this chapter and shall be diligently pursued to completion.
Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets and shall otherwise conform to the standards and conditions of this chapter.
Whenever a required setback as established by this chapter conflicts with another regulation of this chapter, such as landscaping, screening or such other similar requirements, the greater dimensions or requirements shall apply.
The height limitations of this chapter shall not apply to church spires, silos, belfries, cupolas and domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes they are to serve and then only in accordance with any other governmental regulations.
A. 
Where two or more abutting nonconforming lots are held in one ownership, either legal or equitable, or subsequently come to be held in one ownership, and said lots are not created by an approved subdivision by the Tuckerton Planning Board, they shall be considered a single lot of record for the purpose of this chapter, and the provisions of this chapter shall not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcels.
B. 
Where two or more abutting nonconforming lots are held in one ownership, either legal or equitable, or subsequently come to be held in one ownership, and said lots were created by an approved subdivision by the Tuckerton Planning Board, they shall be called conforming lots of record for the purpose of this chapter, provided that the applicant shall comply with all other provisions of this chapter.
C. 
Where the owner of a nonconforming lot created by an approved subdivision by the Tuckerton Planning Board, such lot may be used by said owner as a building site and shall be considered a conforming lot, provided that the required open space and other provisions in this chapter conform to the requirements of the zone in which the lot is located.
A. 
Accessory buildings or structures, except as otherwise permitted in this chapter, shall be subject to the following regulations:
(1) 
Where an accessory building or structure is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to the principal building.
(2) 
No detached accessory building or structure shall be located closer than 10 feet to any principal building.
(3) 
No accessory building or structure shall be erected, nor any use be permitted, prior to the establishment or construction of the principal use building and issuance of a certificate of occupancy.
[Amended 4-6-2015 by Ord. No. 1-2015]
(4) 
Accessory buildings or structures shall not exceed one story or 15 feet in height unless altered by special exception. No habitable area shall be permitted above the first story. See the definition of "building height."
[Amended 12-17-2007 by Ord. No. 17-2007]
(5) 
Accessory buildings or structures may not occupy more than 30% of a required rear yard.
B. 
Accessory uses.
(1) 
Professional offices. When such office is combined with a residence, the office shall be the individual office of one member, and one member only, without associates or partners and with office personnel limited to not more than two. The area of said office shall not exceed 50% of the total floor area of the building. This section shall only apply to those professional offices located in a residential zone.
[Amended 4-20-1981 by Ord. No. 2-1981]
C. 
Outdoor storage sheds.
[Added 6-4-2001 by Ord. No. 8-2001; amended 9-18-2006 by Ord. No. 22-2006]
(1) 
"Outdoor storage shed" shall be defined as any structure that is used for storage of personal property, including storage containers, bins or other similar enclosures which are in excess of four feet in height.
(2) 
An outdoor shed shall not exceed 100 square feet.
[Amended 3-21-2016 by Ord. No. 2-2016]
(3) 
An outdoor storage shed shall be located in any yard area other than the front yard and shall conform with all side and rear yard setbacks of the zone. If, however, the outdoor storage shed is located on a lot which is adjacent to a navigable lagoon area, the outdoor storage shed shall be located within three feet of the existing principal structure and conform with all side and rear yard zoning requirements. The rear deck area may be considered part of the principal structure. The shed, however, must be a minimum of 10 feet from the lagoon mean high line or bulkhead even if attached to an existing structure. A "navigable lagoon" shall be defined as recognized by the United State Army Corps of Engineers or NJDEP applicable regulations.
(4) 
The outdoor shed shall not exceed a building height of 10 feet above existing grade.
(5) 
Notwithstanding any provision to the contrary, there shall be no more than one outdoor storage shed per lot, with a total aggregate not to exceed 100 square feet per residential lot.
[Amended 3-21-2016 by Ord. No. 2-2016]
(6) 
An outdoor shed shall be freestanding and shall not be attached to a permanent foundation; however, all sheds located in flood zones shall be properly restrained to prevent movement in the event of floodwaters.
[Added 3-21-2016 by Ord. No. 2-2016]
D. 
Outdoor pools.
[Added 6-4-2001 by Ord. No. 9-2001]
(1) 
All pools must conform to the following setbacks:
(a) 
Six feet side and rear property line;
(b) 
If on a lagoon or water front, 10 feet from the bulkhead;
(c) 
Ten feet from any street property line;
(d) 
Five feet from a house that is on a foundation or up on piling;
(e) 
Ten feet from a house with a basement.
(2) 
All other requirements from the BOCA National Building Code.
E. 
Storage of up to two currently registered boats may be allowed on lots located in the R-50 and R-75 Zones for seasonal storage from September 1 to May 31. Said boats may be allowed to encroach into the front and rear yard setbacks.
[Added 4-6-2015 by Ord. No. 1-2015; amended 2-16-2016 by Ord. No. 3-2016]
[Amended 4-6-1992 by Ord. No. 4-1992]
All commercial, retail and wholesale establishments and businesses which display or offer for sale any goods, wares, motor vehicles, equipment, trailers, boats, shrubbery or merchandise of any kind whatsoever shall comply with the following standards and requirements:
A. 
No item for sale shall be displayed, stored or parked, nor shall any vehicle, trailer, stand or movable or immovable display or sales facility be placed, located or parked, in the B-1 or B-2 Zoning Districts closer than 20 feet from any street right-of-way line nor 25 feet from an intersection of two street right-of-way lines, between the hours of 9:00 p.m. (10:00 p.m. daylight saving time) and 6:00 a.m.
B. 
No person shall stand, locate, place or park, nor permit or suffer to be located, placed or parked upon any public or private property, any vehicle, trailer, stand, cart or movable or immovable display facility within the business or commercial zoning districts without first having complied with all Borough zoning and land use ordinances. For the purpose of this subsection, any motor vehicle, trailer or movable display facility which remains on one lot for more than one day shall be considered a use of land requiring site plan approval from the Planning Board.
C. 
No commercial, retail and wholesale establishment or business shall display or offer goods for sale from a motor vehicle, trailer, cart, stand or movable or immovable display facility without first having obtained site plan approval from the Planning Board.
The following uses and activities are specifically prohibited in the Borough of Tuckerton:
A. 
The use of any premises or building in such a manner that the health, morals, safety or welfare of the community may be endangered specifically in the Borough of Tuckerton.
B. 
Floating homes and floating home marinas are hereby prohibited in any zone within the Borough of Tuckerton. No marina shall permit the in-water or out-of-water storage of any floating home. No person, firm or corporation shall operate or cause to be operated a floating home marina or rent, hold out for rent or sell any site or space for the location of a floating home. No marina shall use or permit to be used more than 5% of the total number of its approved boat slips or moorage sites for houseboats.
[Added 8-20-1984 by Ord. No. 10-1984]
Any land so designated as open space shall conform to the following standards and regulations:
A. 
Such land shall not have been mined, dredged or otherwise have had its natural land contours altered or leveled or the existing vegetation removed or destroyed except by prior permission of the Borough of Tuckerton.
B. 
No such land so dedicated shall be located in such remote area as to render it unusable for any purpose, including but not limited to scenic, recreation or natural study and function.
C. 
Such land, prior to being dedicated for open space, shall not have been used by such person or persons making said dedication for the disposal of debris or fill, nor shall such materials be stored or deposited on said lands during the development of adjoining land.
D. 
Not more than 50% of such land dedicated shall be entirely covered by water.
[Added 12-19-1994 by Ord. No. 20-1994; amended 5-20-2013 by Ord. No. 3-2013]
All outdoor sales of household goods and property, commonly known as "garage or yard sales," shall comply with the following standards and requirements:
A. 
All sales shall be conducted on the premises of the person having the sale.
B. 
All sales shall be limited in time to no more than the daylight hours of three consecutive days.
C. 
Any and all signs posted to identify the time, date or place of such sales, including but not limited to signs or posters with directions regarding the location of the sale, shall be removed by the end of daylight on the day following which the sale ends.
D. 
The maximum number of sales per property owner/resident shall be three per calendar year.
E. 
All sales shall be in conformance with Borough Code § 255-45.
[Added 10-7-2014 by Ord. No. 9-2014]
A. 
The following items are prohibited from being stored or placed upon all rights-of ways within the Borough of Tuckerton: trailers (not attached to a registered vehicle), construction equipment and construction vehicles.
B. 
The following items are prohibited from being stored or placed upon all residential lots within the Borough of Tuckerton: commercial trailers, construction equipment and construction vehicles. Exceptions: The foregoing items may remain on a residential lot for which there is an active construction permit for a period not to exceed 30 days or issuance of a certificate of occupancy, whichever occurs first. The thirty-day period may be extended at the discretion of the Construction Official for a period not to exceed 90 days total. For purposes of calculating the time set forth above, the time commences on the day the item is first placed or stored on the premises and continues for 30 consecutive calendar days (or any approved extension) regardless if the item is temporarily removed and returned to the premises. No credit is provided for days in which the item may not be on the premises.
C. 
The following items may be placed upon a residential lot upon issuance of a permit by the construction office: temporary storage units, equipment storage boxes and dumpsters. No permit shall issue unless there is an open construction permit issued for the subject property. Permitted items may remain upon said property for the period of time specified in the permit which time shall not exceed 90 days or until issuance of a certificate of occupancy, whichever is earlier:
D. 
No storage is permitted on any unimproved lot which is not contiguous with a developed lot under common ownership.
E. 
All permitted placement or storage shall comply with the setbacks of the zone in which the property is located.
F. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMERCIAL TRAILER
Any commercially registered trailer, or trailer used for business purposes, open or closed, with a deck or floor area in excess of 40 square feet.
[Amended 5-16-2016 by Ord. No. 12-2016]
CONSTRUCTION EQUIPMENT
Any item used for construction, erection, renovation, remodeling, demolition, landscaping and/or storage including, but not limited to, storage containers, dumpsters, ladders, scaffolding and other similar items.
CONSTRUCTION VEHICLE
Any wheeled equipment or vehicle, whether self-propelled or towed, and used for construction, erection, renovation, remodeling, demolition, grading, landscaping and/or storage including but not limited to backhoes, bulldozers, compactors, rollers, graders, cranes, excavators, dump trucks, dump trailers, tractors, rolloffs, tar kettles, low bed trailers, wood chippers and other similar items.
RIGHT-OF-WAY
Improved roads of the Borough of Tuckerton.
[Added 8-20-2018 by Ord. No. 4-2018]
All storage and/or parking of campers, camper trailers, recreational vehicles or motor homes shall be prohibited on any public street or roadway for any period of time exceeding 72 hours. All such campers, camper trailers, recreational vehicles or motor homes stored or parked on private property must meet all setback requirements of the zone in which the property is located and must be registered in a manner so as to permit operation on the public streets and roadways. No stored or parked campers, camper trailers, recreational vehicles or motor homes shall be connected to water and/sanitary sewer utility service or be allowed to be occupied for habitation, and may not be used for storage of material other than recreational-vehicle-related items.
[1]
Editor's Note: Former § 255-48.2, Storage of boats, trailers and commercial vehicles, added 9-18-2006 by Ord. No. 21-2006, was repealed 4-6-2015 by Ord. No. 3-2015.
[Added 9-18-2006 by Ord. No. 21-2006]
No tractor-trailers or commercial trailers empowered by truck tractors as defined in N.J.S.A. 39:1-1 shall be stored or used as a storage facility on any property in the Borough except in accordance with a site plan approval or Land Use Board resolution and for a period not to exceed 182 days.
[Added 9-18-2006 by Ord. No. 21-2006]
Sections 255-48.2 and 255-48.3 shall be enforced by the Police Department, Code Enforcement Officer or Zoning or Construction Official of the Borough.
[Added 10-5-2020 by Ord. No. 9-2020]
Effective upon adoption, any new structure or improvements which require a zoning or construction permit in the Tuckerton Beach area, said area being that portion of the Borough of Tuckerton in the R-50 District located south of Bass Road, must be on lots with a grade elevation above the crown of the road abutting such lot or 12 inches above the edge of the pavement of the road abutting such lot. Any grading on any lot within the Borough of Tuckerton shall not impact detrimentally upon any adjoining property.
[Added 6-21-2021 by Ord. No. 11-2021]
A. 
The following uses shall be prohibited in all zoning districts in the Borough of Tuckerton:
(1) 
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 5-2-2022 by Ord. No. 4-2022]
A. 
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and 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. 
Definitions. As used in this section, the following terms shall have the meanings indicated
CERTIFICATE OF OCCUPANCY
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 (C.52:27D-119 et seq.) and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
(1) 
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
(2) 
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
(3) 
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
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.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT OR (EVSE)
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."
MAKE-READY PARKING SPACE
The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c.362 (C.48: 25-1 et al.).
PRIVATE EVSE
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).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multifamily parking lots, etc.).
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 C.40:55D-70.
(2) 
EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.
(3) 
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4) 
The Borough Zoning Official shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Borough of Tuckerton'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 C.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 (C.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 Borough Zoning Official 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 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 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 Subsection D(2)(e) above, 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 Chapter 225 of the Borough of Tuckerton Municipal Code.
(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.
(4) 
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.
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.
(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 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 Borough of Tuckerton'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, Borough of Tuckerton 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 permitting 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 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. In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be _____[1] for each hour that the electric vehicle is connected to the EVSE.
[1]
Editor's Note: As adopted.
(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.