Article XXIV Off-Street Parking and Loading

All single-family detached homes shall have a garage.

Each parking space, as hereinbefore defined, shall have the minimum dimensions of nine feet by 18 feet, except as required to meet ADA requirements. All parking spaces shall directly connect to a driveway.

For the purpose of determining the land requirement of an off-street parking area, as hereinbefore defined, each parking space to be provided in accordance with the parking schedule, § 195-142, or as recommended by the Planning Board, pursuant to § 195-148, shall be allotted not less than 350 square feet of area, which shall be sufficient to include the area or the parking space plus area to be devoted to interior drives, backup areas or turning areas. In addition, sufficient entrance and exit driveways shall be provided.

§ 195-143 Electric vehicle supply/service equipment.

All off-street parking areas shall be separated from sidewalks, streets or alleys by curbing, except at entrances and exits, and all such sidewalks, streets or alleys shall be protected from vehicular overhang by wheel bumpers, curbs, planted strips, walls, fences or other appropriate method where the yard depth for accessory uses is not sufficient to accomplish this purpose. Curbing may be designed as flush curbing when being incorporated into a stormwater management scheme utilizing natural vegetation or grassed swales.

(5)

Entrance and exit driveways to and from all off-street parking areas shall be at least 12 feet in width to allow for free one-way movement, and at least 22 feet in width for two-way movement, provided that two-way entrances and exits shall be no wider than 28 feet in width. Whenever possible, one-way movement should be provided for all entrance and exit driveways, as well as interior driveways.

(6)

Wherever practicable and not prohibited in this Part 3, access to off-street parking areas shall be gained from local streets or service streets rather than from streets designated on the Comprehensive Master Plan as arterial streets.

(7)

No required off-street parking shall be encroached upon by buildings, other structures, open storage areas or other uses.

(8)

No layout of an off-street parking area shall be acceptable if such layout would require vehicles to back out onto a street to exit from such off-street parking or loading area.

(9)

When any land or building is used for two or more purposes, the number of parking spaces required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this article. Parking spaces for one use shall not be considered as providing the required parking spaces for any other use.

(10)

Requirements for the provision of parking facilities with respect to two or more property uses of the same or different types may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common off-street parking area, cooperatively established and operated, provided that the total number of spaces designated is not less than the sum of the individual requirements.

(11)

All public garages or roof space allocated for the parking of vehicles shall be considered part of the required off-street parking area.

(12)

When off-street parking areas shall be used at night, they shall be adequately lighted. Such lighting shall be installed and maintained in a manner not to reflect or cause glare into abutting or facing residential properties.

(13)

All parking or loading space surfaces shall be paved in accordance with Township standards.

(14)

Required off-street parking spaces may be provided on a nearby lot, provided that the distance between the parking lot and the entrance to the use it serves shall not exceed 200 feet.

(15)

In residential zones, R-150, R-100, R-75, R-60, and R-A, off-street parking shall be prohibited for all commercially registered vehicles whose empty gross weight, as defined in § 347-30, exceeds 6,500 pounds and for all commercially registered vehicles whose loaded gross weight, as defined in § 347-30, exceeds 8,000 pounds, other than those vehicles temporarily parked for the purpose of making deliveries.

(16)

Tandem parking, such as single, double-length perpendicular parking spot, shall be prohibited.

§ 195-142 Off-street parking schedule.

Off-street parking shall be provided in accordance with the following schedule:

Use	Minimum Spaces
Business and professional offices, banks	3.5 per 1,000 square feet of gross floor area
Civic or fraternal organizations, libraries	3.5 per 1,000 square feet of gross floor area
Commercial recreation facilities, such as bowling alleys and health clubs	3.5 per 1,000 square feet of gross floor area
Dwellings, one- and two-family	2 per unit; a paved private driveway and private garage space shall be considered as fulfilling the dwelling requirement
Dwellings, townhouse and multifamily	As required by the Residential Site Improvement Standards (RSIS)
Educational institutions	1.5 parking spaces per staff member or employee
Funeral homes	1 per each 10 square feet in main chapel or parlor
Furniture stores	3.5 per 1,000 square feet of gross floor area
Gasoline filling stations	2 per each bay or similar service area located within a building, plus 1 per employee on duty; minimum 5
Hospitals	1 per bed
Hotels, motels, rooming houses	1 per guest room and 1 per 1.5 employees
Manufacturing plants	1 per 200 square feet of gross floor area (or 1 per 1.5 employees)
Medical or dental clinics	3.5 per 1,000 square feet of gross floor area
Nursing homes	1 per bed
Personal service businesses	3.5 per 1,000 square feet of gross floor area
Places of assembly, including churches and theaters	1 per 4 seats; Should seating not be provided, then 1 space for each 15 square feet of worship space
Professional offices	1 parking space per employee, plus for the office of a physician, doctor or dentist, 5 spaces for each practitioner on the premises
Restaurants	10 per 1,000 square feet of gross floor area
Retail businesses	3.5 per 1,000 square feet of gross floor area
Service or repair garages	Minimum of 8 spaces
Warehouses, wholesaling operations	1 per 1,000 square feet of gross floor area

If it can be shown that a particular applicant can demonstrate that fewer spaces would be required and that an area can be set aside for additional spaces if necessary, the number of spaces required herein can be reduced by up to 20% of the required spaces.

Should a proposed use not have a matching parking requirement listed herein, the applicant shall provide a parking analysis based on accepted industry standards, such as the Institute of Traffic Engineers or other published standard satisfactory to the Zoning Officer.

Off-street parking shall be prohibited for all commercial registered vehicles larger than 8,000 pounds, other than those parked temporarily for the purpose of making deliveries, in the following residential zones within the Township: R-60, R-75, R-100, R-150 and R-A.

Parking and/or storage of all utility and recreational vehicles, including but not limited to boats, trailers, and campers, on private driveways is prohibited in the R-60, R-75, R-100, R-150 and R-A Districts, unless the said vehicle, as defined hereinabove, is parked on the owner's private driveway at least 15 feet distant from the curbline and six feet distant from the adjoining property owner's side and rear yards.

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 stormwater runoff contaminants. The goals are to:

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

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.

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 (N.J.S.A. 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:

Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)

Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

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.

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 pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. "Make ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c.362 (N.J.S.A. 48:25-1 et 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.).

Approvals and permits.

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

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 § 195-143C(1) above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The administrative official, Zoning Officer, and/or Municipal Engineer 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 the Township of Clark's land use regulations.

(5)

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

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;

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

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c.217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

(6)

An application pursuant to § 195-143C(5) above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A one-time written correction notice is not issued by the administrative official, Zoning Officer, and/or Municipal Engineer 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.

Requirements for new installation of EVSE and make-ready parking spaces.

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:

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of make-ready parking spaces.

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.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in § 195-143D(1) above shall:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

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)

(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.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Article XXIV, § 195-142, Off-street parking schedule, of the Township of Clark Code.

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.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

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.

Reasonable standards for all new EVSE and make-ready parking spaces.

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.

Installation.

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.

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.

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.

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.

EVSE parking.

Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

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.

Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code contained in Chapter 1, Article III, § 1-21, Maximum penalty. Signage indicating the penalties for violations shall comply with § 195-143F(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.

Private parking. The use of EVSE shall be monitored by the property owner or designee.

Safety.

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 § 195-143F(5) below.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Township of Clark's ordinances and regulations.

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 set back 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.

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 § 195-143F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

(e)

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(f)

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(g)

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Clark 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.

Publicly accessible EVSEs 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.

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.

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 § 195-143F(5)(b) above.

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.

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 zero for each hour that the electric vehicle is connected to the EVSE or per kWh.

This fee may be amended by a resolution adopted by the governing body.

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.

§ 195-144 Off-street loading.

An off-street loading space shall have minimum dimensions of 12 feet by 25 feet for standard two-axle commercial vehicles and 14 feet by 50 feet for standard three-or-more-axle vehicles. A minimum clear height of 14 feet shall be required.

Off-street loading spaces for commercial and industrial uses shall be provided in accordance with the following:

Floor Area Devoted to Use (square feet)	Number of Spaces Required
30,000 to 70,000	2
70,000 to 120,000	3
Each additional 60,000	1

§ 195-145 Screening requirements.

All off-street parking areas with provision for more than five vehicles, or establishments with more than two loading bays or spaces for the temporary parking of commercial vehicles, shall be effectively screened on each side which adjoins or faces a residential district or an institutional premises, except that such screening shall not be required where the parking or loading area is already effectively screened by a natural terrain feature or a street classified in the major street portion of the Comprehensive Master Plan as a major arterial street requiring a right-of-way of 80 feet or more.

Such screening shall be a solid wall or a solid fence, not less than five feet in height, together with a three-foot planting strip on the outside of such wall or fence, planted in shrubs and evergreens. In lieu of such wall, fence and planting strip, a compact evergreen hedge of not less than three feet in height at the time of planting may be used. The fence, wall, planting strip or hedge shall be maintained in good condition, and no advertising shall be placed thereon. Where appropriate, native vegetation is required.

The screening shall be so designed that vehicle sight distance shall not be affected by entrances, exits and street intersections. Where an off-street parking area abuts or adjoins another, a five-foot-wide planting strip, maintained in good condition, may be used in lieu of the required screening. Separation in impervious areas with the use of vegetative strips of land is encouraged to minimize runoff and to enhance water quality.

§ 195-146 Street access regulations.

Any portion of any entrance or exit driveway shall not be any closer than 20 feet to the curbline of an intersecting street.

Any two driveways leading from a street to a single lot shall not be within 30 feet of each other at their intersections with the front lot line for an interior lot and 40 feet for a corner lot. Driveways require a two-foot setback from any property line.

No lot shall have more than two driveway entrances or exits along the same street. Not more than one such driveway shall be provided unless traffic circulation on the site and to and from the street will be facilitated.

In any commercial or industrial district, no vehicle entrance or exit to or from any lot used for commercial or industrial purposes shall be permitted to or from any local street where such street serves abutting properties in any adjacent residential district.

Requiring the installation of traffic control signs on manners of ingress or egress to commercial properties.

Any application for development which is presented to the Board of Adjustment or the Planning Board of the Township of Clark for commercial property of whatsoever nature and which provides for ingress and egress shall have been determined by the Planning Board or Board of Adjustment to be one way only, shall be signed accordingly, prior to the issuance of a final certificate of occupancy, and the owners of the property shall, as a condition of issuance of a certificate of occupancy and of final approval by any Board, be required to grant to the Township of Clark the authority to approve all motor vehicle laws and regulations on the property.