[MC 2002-29 § 17:9-1, December 2, 2002; MC 2005-25 § 1, December 19, 2005; MC 2010-37, December 20, 2010; MC 2012-20, November 26, 2012; MC 2013-01, May 13, 2013; MC 2013-13, December 9, 2013; MC 2013-15, December 9, 2013]
For the purposes of this chapter, the City of Plainfield is hereby divided into zones differentiated as to use and bulk regulations and to be designated as follows:
ZONES
ZONE NAME
ZONE DESIGNATION
Very Low Density Residential
R-1
Low Density Residential
R-2
Low/Moderate Density Residential
R-3
Moderate Density Residential
R-4
Medium Density Residential
R-5
Medium/High Density Residential
R-6
High Density Residential
R-7
Residential Historic Districts
R-VWB, R-CA, R-PW, R-HA, R-B, R-NH
Historic Park Zone
GB, CB
Neighborhood Commercial
NC
Professional Office
PO
General Commercial
GC
Mixed Use
MU
Light Industrial
LI
Transit Oriented Development Downtown Central Business District
TODD/CBD
Transit Oriented Development Downtown North Avenue Historic District
TODD/NAHD
Transit Oriented Development Downtown Cleveland Arts District
TODD/CLAD
Transit Oriented Development Downtown Parking District
TODD/PD
Transit Oriented Development Downtown College District
TODD/CD
Transit Oriented Development Downtown Civic Historic District
TODD/CHD
Transit Oriented Development Downtown Transition District
TODD/TD
Transit Oriented Development Netherwood Train Station Area Zone
TODN/TSA
Transit Oriented Development Netherwood Trainside Commercial Zone
TODN/TSC
Transit Oriented Development Netherwood Trainside Residential Zone
TODN/TSR
Transit Oriented Development Netherwood Parkside Residential 1 Zone
TODN/PSR1
Transit Oriented Development Netherwood Parkside Residential 2 Zone
TODN/PSR2
Transit Oriented Development Netherwood High-Density Residential
TODN/R-8
Transit Oriented Development Netherwood Professional Office
TODN/PO
[MC 2002-29 § 17:9-2, December 2, 2002; MC 2012-20, November 26, 2012; MC 2013-01, May 13, 2013; MC 2013-15, December 9, 2013; MC 2013-16, December 9, 2013]
The location and boundaries of each of the above zone districts are hereby established as shown on a map entitled "Zoning Map, City of Plainfield, New Jersey," which map accompanies and is hereby made a part of this article.
The zone district boundary lines are generally intended to follow street center lines, lot lines as they exist on lots of record at the time of enactment of this chapter, railroad right-of-way lines, and stream corridor lines and the like as indicated on the zoning map unless otherwise indicated by dimensions of the zoning map. In case of uncertainty or disagreement as to the true location of any zone district boundary line, the determination thereof shall lie with the Board of Adjustment. Any use or structure, including signage, awnings, canopies, newspaper stands or other physical entity proposed within a public right-of-way requires the approval of City Council.
[1]
Editor's Note: The Zoning Map referred to herein may be found attached to this chapter. The Plainfield Design Guidelines for Historic Districts and Sites referred to herein may be purchased from the Division of Planning.
[MC 2002-29 § 17:9-3, December 2, 2002]
Zoning affects all land, structures and uses thereof. Zoning standards, controls and designations apply equally to every lot, structure, and use within each district and the district lines vertically in both directions from ground level. No land or premises may be used and no structure can be erected, raised, moved, enlarged, extended, altered or used for any purpose other than a purpose permitted by this chapter for the zone district in which the land and structure(s) are located, and all uses and construction shall be in conformity with the regulations provided for the zone district in which such land or structure(s) are located. Any use not expressly permitted is prohibited.
[MC 2002-29 § 17:9-4, December 2, 2002; MC 2005-25 § 1, December 19, 2005]
This Article establishes the use, bulk requirements and other regulations governing zone districts within the City of Plainfield. Site plan and subdivision design and performance standards set forth in Article XI provide the basis for physical development and redevelopment of land within the zoning classifications.
[MC 2002-29 § 17:9-5, December 2, 2002]
A. 
Purpose. This zone is designed for single-family development at a density not to exceed 1.0 dwelling unit per acre.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-6, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007]
A. 
Purpose. This zone is designed for single-family development at a density not to exceed 2.0 dwelling units per acre.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-7, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007]
A. 
Purpose. This zone is designed for single-family development at a density not to exceed 3.5 dwelling units per acre.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-8, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007]
A. 
Purpose. This zone is designed for single-family and two-family development at a density not to exceed 5.8 dwelling units per acre for single-family dwelling units and 8.7 dwelling units per acre for two-family dwelling units.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-9, December 2, 2002]
A. 
Purpose. This zone is designed for single-family and two-family development at a density not to exceed 7.2 dwelling units per acre for single-family dwelling units and 8.7 dwelling units per acre for two-family dwelling units.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-10, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-27, § 5, November 22, 2010]
A. 
Purpose. This zone is designed for single-family, two-family, townhouse and apartment development at a density not to exceed 7.2 dwelling units per acre for single-family dwelling units, 8.7 dwelling units per acre for two-family dwelling units, twelve (12) dwelling units per acre for apartments and ten (10) dwelling units per acre for townhouses.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-11, December 2, 2002; MC 2010-27, § 6, November 22, 2010]
A. 
Purpose. This zone is designed for single-family, two-family, apartment and townhouse development at a density not to exceed 8.7 dwelling units per acre for single-family dwelling units, 11.6 dwelling units per acre for two-family dwelling units, eighteen (18) dwelling units per acre for apartments and ten (10) dwelling units per acre for townhouses.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-12, December 2, 2002]
A. 
Purpose. This zone is intended to include commercial areas that serve the specific surrounding neighborhoods. The scale and intensity of development should not intrude into but complement the character of the residential neighborhoods they serve.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
Note: The CBD: Central Business District previously codified herein and containing portions of MC 2002-29 was deleted by MC 2012-20. The CBD Zone is now contained within the TODD/CBD Zone.
[MC 2002-29 § 17:9-14, December 2, 2002]
A. 
Purpose. This zone serves to recognize the existing land use pattern resulting from the conversion of residential housing to professional office space, and to provide standards for professional office development.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-15, December 2, 2002]
A. 
Purpose. This zone is intended to include commercial development traditionally associated with high-volume roadways.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-16, December 2, 2002; MC 2010-27, § 7, November 22, 2010]
A. 
Purpose. This zone is intended to recognize areas within the City that are developed with retail/commercial uses on the first floor with apartment units above. It also includes many transition areas within the City, and aims to foster redevelopment by permitting a broad palette of compatible uses. This zone will also serve as a buffer between commercial districts and lower density residential neighborhoods.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-17, December 2, 2002; MC 2010-27, § 7, November 22, 2010; MC 2013-13, December 9, 2013; MC 2013-15, December 9, 2013]
A. 
Purpose. This zone calls for industrial and economic development activities.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-18, December 2, 2002; MC 2005-25 § 1, December 19, 2005; MC 2006-37 Sched. I, November 22, 2006; MC 2012-20, November 26, 2012]
Pursuant to Ordinance MC 2012-20, the former NAHD and CHD Zones are contained in the TODD/NAHD and TODD/CHD Zones.
A. 
Purpose. The purpose of the Historic Zone Districts is to recognize and preserve the unique architectural and neighborhood elements present within specific designated historic areas, and to support the preservation of historic structures and design features at densities consistent with historic patterns of development.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
D. 
Bulk Requirements. See Schedule B.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2010-37, December 20, 2010]
A. 
Purpose. The purposes of the Historic Park Zone are to provide open space, preserve scenic qualities and resources; to provide contrasts to the built environment; to provide opportunities for existing and future outdoor recreational activities; to protect environmentally sensitive areas; to provide adequate opportunities for location of existing and future public utilities, facilities, and service; to preserve the function, capacity, and water quality of the City's stormwater drainage system, and to prevent development of non-park related uses.
B. 
Permitted Uses. See Schedule A.
C. 
Accessory Uses. See Schedule A.
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
[MC 2012-20, November 26, 2012]
A. 
Purpose. The purpose of the Transit Oriented Development Downtown Zones (TODD) is to provide the foundation for a complementary mixture of appropriately intensive commercial and high-density residential land uses in close proximity to the downtown train station. The TODD Zones are intended to be pedestrian friendly to create a symbiotic benefit through the provision of an aesthetically improved, vibrant, and commercially active downtown for Plainfield residents and visitors. The TODD Zones consolidate most of the existing zones within an irregularly based one-quarter (1/4) mile distance from the downtown Plainfield train station. The TODD Zones are seven (7) distinct zone districts, with different purposes, that foster formation of an active, thriving downtown appropriately buffered from surrounding lower density residential uses. Related goals include the following:
1. 
To increase the use of the downtown train station by providing for a concentrated mix of retail, office, residential, public and open space uses that are within walking distance of each other and the train station for shoppers, commuters, residents, employees and visitors;
2. 
To revitalize the downtown train station area by providing for land uses that generate train ridership and enhance economic activity and vitality during day and evening use;
3. 
To improve the appearance and safety of the downtown from the transit corridor to attract shoppers and visitors;
4. 
To encourage a safe, efficient, user friendly and environmentally conscious pedestrian and bicycle oriented system linked to transit use;
5. 
To encourage public and private investment and thereby improve the tax base of the City;
6. 
To provide transit supportive and user-friendly site-design guidelines;
7. 
To preserve and maintain residential neighborhoods in and adjacent to the zones;
8. 
To advance the development of the Green Brook walkway through the area and to add a linkage between the train station and Green Brook through physical and visual connections;
9. 
To address existing and future parking needs of residents, businesses, shoppers and commuters;
10. 
To develop an improved coordinated, visual streetscape within the zones.
B. 
Master Plan and New Jersey Transit Plan Consistency. Design of all development in the TODD Zones shall take into consideration the City master plan guidelines regarding transit-oriented development, most particularly within the Land Use and Circulation elements. The Planning Board may submit site plans for developments within the TODD Zones to New Jersey Transit (NJT) for its advice and comments concerning the relationship of the development to NJT facilities and services and the NJT "Planning for Transit-Friendly Land Use" handbook.
C. 
Transit Oriented Development Downtown/Central Business District (TODD/ CBD).
1. 
Purpose. This zone serves as the main pedestrian shopping district.
2. 
Permitted Uses. See Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
D. 
Transit Oriented Development Downtown/North Avenue Historic District (TODD/NAHD).
1. 
Purpose. This district serves as the entryway into the City for transit users, since it is adjacent to the north side of the downtown train station, and the North Avenue Historic District is the first impression that many travelers have of Plainfield. In addition to Planning Board approval, development is subject to review by the Historic Preservation Commission.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
E. 
Transit Oriented Development Downtown/Cleveland Arts District (TODD/ CLAD).
1. 
Purpose. This district is intended to promote arts, culture, restaurant and entertainment immediately adjacent to the south of the train station. These facilities shall provide pedestrian connections to existing art-oriented activities and historic structures to the surrounding neighborhoods.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
F. 
Transit Oriented Development Downtown/Parking District (TODD/PD).
1. 
Purpose. This district provides parking for the entire TODD Zone. Regulations requiring property owners/developers to pay assessments based on parking needs will be implemented in the future as part of a TODD parking/traffic study.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
G. 
Transit Oriented Development Downtown/College District (TODD/CD).
1. 
Purpose. This district provides for the present and future needs of the Plainfield campus of Union County College (UCC), which anchors this district. This district designates the college as a permitted use and promotes its expansion. Blocks 308 and 309 shall be developed as one unified college campus with linked buildings, open space and safe pedestrian crossings.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
H. 
Transit Oriented Development Downtown/Civic Historic District (TODD/ CHD).
1. 
Purpose. This district preserves the character of the existing Civic Historic District composed of City Hall, the City Hall Annex, the YMCA building and the War Memorial monument within the larger TODD.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
I. 
Transit Oriented Development Downtown/Transition District Zone (TODD/TD).
1. 
Purpose. This district serves as a transition between the high intensity uses permitted in the TODD, CBD, NAHD, CLAD and PD Districts and the surrounding lower density housing and commercial uses at the perimeter of the TODD Zone.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
[MC 2013-01, May 13, 2013]
A. 
Purpose. The purpose of the Transit Oriented Development Netherwood Zones (TODN) is to provide the foundation for a complementary mixture of appropriately intensive commercial and high-density residential land uses in close proximity to the Netherwood Train Station. The TODN Zones are intended to be pedestrian friendly to create a symbiotic benefit through the provision of an aesthetically improved, vibrant, Netherwood commercial district for Plainfield residents and visitors. The TODN Zones consolidate most of the existing zones within an irregularly based one-quarter (1/4) mile distance from the Netherwood train station. The TODN Zones are seven (7) distinct zone districts, with different purposes, that foster formation of an active, thriving area buffered from surrounding lower density residential uses. Related goals include the following.
1. 
To increase the use of the Nethwerwood train station by providing for a concentrated mix of retail, office, residential, public and open space uses that are within walking distance of each other and the train station for shoppers, commuters, residents, employees and visitors;
2. 
To revitalize the Netherwood train station area by providing for land uses that generate train ridership and enhance economic activity and vitality during day and evening use;
3. 
To improve the appearance and safety of the Netherwood District from the transit corridor to attract shoppers and visitors;
4. 
To encourage a safe, efficient, user friendly and environmentally conscious pedestrian and bicycle oriented system linked to transit use;
5. 
To encourage public and private investment and thereby improve the tax base of the City;
6. 
To provide transit supportive and user-friendly site-design guidelines.
7. 
To preserve and maintain residential neighborhoods in and adjacent to the zones;
8. 
To address existing and future parking needs of residents, businesses, shoppers and commuters;
9. 
To develop an improved coordinated, visual streetscape within the zones.
B. 
Master Plan and New Jersey Transit Plan Consistency. Design of all development in the TODN Zones shall take into consideration the City master plan guidelines regarding transit-oriented development, most particularly within the Land Use and Circulation elements. The Planning Board may submit site plans for developments within the TODN Zones to New Jersey Transit (NJT) for its advice and comments concerning the relationship of the developments to NJT facilities and services and the NJT "Planning for Transit-Friendly Land Use" handbook.
C. 
Transit Oriented Development Netherwood/Train Station Area Zone (TODN/TSA).
1. 
Purpose. This zone encompasses the train station proper, and the North and South Avenue train station parking lots only.
2. 
Permitted Uses. See Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
D. 
Transit Oriented Development Netherwood/Trainside Commercial Zone (TODN/TSC).
1. 
Purpose. This zone is intended to be the primary commercial and mixed-use area for the TODN. The zone stretches the entire length of the railroad on both sides of the train station; foot traffic will be strongest in this zone.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
E. 
Transit Oriented Development Netherwood/Trainside Residential Zone (TODN/TSR).
1. 
Purpose. This zone is intended to provide a mixed-use district similar to the TSC but at a lower scale, density, and use intensity. It should also serve as a main provider for TODN style residential units.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
F. 
Transit Oriented Development Netherwood/Parkside Residential Zone 1 (TODN/PSR1).
1. 
Purpose. This zone serves as the transition buffer between the high intensity uses permitted in the TSR and PSR 2 Zones with the surrounding existing lower density housing.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
G. 
Transit Oriented Development Netherwood/Parkside Residential Zone 2 (TODN/PSR2).
1. 
Purpose. This zone serves as a buffer between the higher densities encouraged through the TSC and TSR Zones and the existing adjacent residential development.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
H. 
Transit Oriented Development Netherwood/Professional Office Zone (TODN/PO).
1. 
Purpose. This zone serves as transition between the high intensity uses permitted in the TODN, and the surrounding lower density housing uses at the perimeter of the TODN Zone. This area will serve as the entryway into the TODN Zone and conversion of the existing structures to mixed professional offices/residential uses is encouraged.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
I. 
High-Density Residential Zone (R-8).
1. 
Purpose. This zone provides for higher density residential development along Old South Avenue where commercial development is inappropriate. It is located a half mile from the Netherwood and Scotch Plains/Fanwood Train Stations.
2. 
Permitted uses are as shown in Schedule A which may be found as an attachment to this chapter.
3. 
Accessory uses as defined in Section 17:1-6 are permitted subject to the supplementary zoning restrictions where applicable.
4. 
Bulk Requirements. See Schedule B which may be found as an attachment to this chapter.
[MC 2002-29 § 17:9-19, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-27, §§ 9—13, November 22, 2010; MC 2013-14, December 9, 2013]
A development permit is required to be obtained prior to the installation of any accessory use or structure.
Accessory uses and structures shall be permitted in all districts, subject to the following provisions:
A. 
Location. No accessory use or structure, except as specifically permitted in this chapter, shall be located in a front yard. Accessory uses and structures must be located on the same lot as the principal use or structure to which they are accessory. Accessory uses and structure may not be physically connected to a principal structure.
B. 
Setbacks. Accessory structures, unless specifically regulated otherwise in this chapter, shall be set back from side and rear property lines a minimum three (3) feet to a rear yard property line and three (3) feet to a side yard property line.
C. 
Height. No accessory structure in a residential zone or on a residential property shall be taller than one (1) story or fifteen (15) feet, whichever is less. No accessory structure in a nonresidential zone shall be taller than twenty (20) feet. No accessory structure may exceed the height of the principal structure on the lot.
D. 
Coverage. In residential zones and for residential uses, no accessory structure or use shall have a ground area greater than thirty-five percent (35%) of the ground area of the principal structure to which it is accessory. In nonresidential zones, no accessory structures or use shall have a ground area greater than forty percent (40%) of the ground area of the principal structure to which it is accessory.
E. 
No more than three (3) accessory structures shall be erected on any lot. For the purposes of this section only, a fence shall not be considered an accessory structure. A maximum of two (2) pool tables and two (2) automatic amusement devices are permitted as accessory uses to commercial uses. More than two (2) pool tables and two (2) amusement devices are a principal use and are only permitted as a commercial recreational facility.
F. 
Storage Sheds. Storage sheds shall be considered an accessory structure, and shall not exceed one hundred fifty (150) square feet. The shed must be exclusively used by the occupants of the principal building to which the shed is accessory, and may only contain items customarily associated with residential use such as, but not limited to personal items, lawnmowers, tools and hardware.
G. 
Box Containers. Box containers shall not be considered permitted accessory structures, and shall not be located on any lot in a residential or nonresidential zone.
H. 
No Principal Residence. No garage, apartment over a garage or apartment over an accessory structure shall be allowed as a principal residence.
I. 
The sole EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts.
[Added 5-9-2022 by Ord. No. MC 2022-16]
[MC 2002-29 § 17:9-55, December 2, 2002; MC 2013-13, December 9, 2013]
No driveway shall be permitted to serve any use other than the permitted use on the lot on which the driveway is located.
[MC 2002-29 § 17:9-20, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007]
Assisted living facilities shall:
A. 
Provide individual apartment units with, at a minimum, one (1) unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance;
B. 
Obtain a Certificate of Need from the New Jersey Department of Health and Senior Services;
C. 
Contain a minimum lot area of two (2) acres;
D. 
Have a minimum front yard setback of fifty (50) feet, side yard of thirty (30) feet, and rear yard of fifty (50) feet;
E. 
Provide a buffer area of at least twenty (20) feet in width consisting of massed evergreen and deciduous plantings to an adjacent residential use;
F. 
Have a maximum building height not to exceed forty (40) feet or three (3) stories, whichever is less;
G. 
Have a maximum permitted building coverage not to exceed forty percent (40%), and maximum permitted total lot coverage not to exceed fifty percent (50%).
[MC 2013-14, December 9, 2013]
ATM machines are considered customary and incidental to commercial uses. The following regulations apply to ATM machines:
A. 
Conversion of an existing permitted drive-thru lane to an ATM requires a development permit but does not require site plan approval.
B. 
Installation of a walk-up ATM does not require site plan approval, but does require a development permit.
C. 
Installation of an ATM where such installation requires altering existing or adding additional driveways or parking areas requires site plan approval.
[MC 2002-29 § 17:9-21, December 2, 2002]
Automobile service stations shall be subject to the following requirements:
A. 
The size of any lot upon which any automobile service station is located shall be not less than fifteen thousand (15,000) square feet, and the street frontage of such lot on any street shall be not less than one hundred (100) feet.
B. 
Entrance and exit driveways shall have an unrestricted width of not less than sixteen (16) feet nor more than twenty-four (24) feet, shall be located at least ten (10) feet from any lot line, and shall be positioned to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, right-of-way or portion thereof.
C. 
The area of all driveways and other areas for vehicular use or access shall be paved with a bituminous or concrete surface sufficient to meet City paving specifications applicable to streets and roadways.
D. 
On any premises upon which an automobile service station is located, all motor vehicle service or repairs, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of an enclosed structure.
E. 
No structure used in conjunction with an automobile service station and any filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within ten (10) feet of any side or rear lot line. This ten (10) foot wide buffer area required hereunder shall be at all times kept free and unobstructed for the purposes of ready access by emergency fire and police vehicles. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be located within twenty (20) feet of any street line.
F. 
Storage facilities for gasoline, oil, or other flammable materials in bulk shall be located underground and no nearer than thirty-five (35) feet from any lot line other than a street line. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
G. 
No part of any building or structure used in whole or in part as an automobile service station shall be located within one hundred (100) feet of any boundary line of any residential zone.
[MC 2013-13, December 9, 2013]
A. 
Auto towing facilities are only permitted accessory to permitted automobile service stations, auto dealerships, auto repair, and auto body facilities. Automobile towing facilities are not permitted as principal uses.
B. 
Accessory towing facilities shall be limited to one tow truck.
C. 
Vehicles towed to a facility shall be regulated by outdoor storage regulations in Section 17:9-41C.
D. 
Accessory auto towing facilities shall provide a minimum of three (3) additional parking spaces.
[MC 2002-29 § 17:9-22, December 2, 2002]
Bed and breakfast guesthouses and homestays shall be permitted in residential historic zones, and shall conform to the following regulations:
A. 
Adequate on-site parking in accordance with this article.
B. 
No parking shall be permitted in the front yard.
C. 
Only guests of the facility and their invitees shall be served food and drink on the premises.
D. 
No cooking facilities shall be permitted in guest rooms or suites.
E. 
There shall be a maximum residency limitation on all guests of thirty (30) consecutive days.
F. 
The appearance of the building and all accessory structures must substantially emulate a residential use, and no appearance of a business use may be evident.
G. 
The owner of the premises must maintain primary residence in the on-site principal structure.
[MC 2002-29 § 17:9-23, December 2, 2002]
No lot in a residential zone district shall contain more than one (1) principal building or structure.
[MC 2002-29 § 17:9-24, December 2, 2002; MC 2013-14, December 9, 2013]
The following regulations shall be used to prepare and review buffering and screening for any site plan:
A. 
Residential uses and districts. Any residential use shall be suitably buffered and screened from all uses other than one- and two-family dwellings in order to minimize the impacts of noise, glare, vibration, vehicular traffic, pedestrian activity and other potential nuisances. All buffering and screening must be provided by the non-one- or two-family use. Unless otherwise provided in this chapter, the width of buffering and height of screening shall be provided based on the type of use that is being buffered as follows:
B. 
Requirements.
BUFFERING AND SCREENING REQUIREMENTS
Type Use/Subject
Width Buffering
Height of Screening at Time of Planting
Residential uses other than single- and two-family dwellings
5'
3-4'
Nonresidential uses
10'
6'
Light industrial uses
25'
6'
C. 
Driveways and Parking Lots. All driveways and parking lots shall be suitably buffered and screened to minimize the impacts of noise, lighting and glare, exhaust fumes, views of parked vehicles and other nuisances. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way as follows:
1. 
Buffering shall consist of a minimum five (5) foot wide area surrounding all sides of a parking lot. Where such parking area is located on a tract adjacent to a residential use or district, such buffering shall consist of a minimum ten (10) foot wide area surrounding all sides of a parking lot.
2. 
Screening shall consist of a minimum four (4) foot high visually impervious screen to be located within the buffering area. Where such parking area is located on a tract adjacent to a residential use or district, such screening shall consist of a minimum six (6) foot high visually impervious screen. The height of any required screen shall decrease to a maximum of three (3) feet in height where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians from motor vehicles and police visibility into the lot.
D. 
Loading Areas. All loading areas, including loading dock areas of buildings and driveways providing access to the same, shall be suitably buffered and screened to minimize the impacts of noise, loading and unloading activities, lighting and glare, exhaust fumes, views of loading and unloading vehicles and other nuisances. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way, as follows:
1. 
Buffering shall consist of a minimum ten (10) foot wide area surrounding all sides of a loading area. Where such loading area is located on a tract adjacent to a residential use or district, such buffering shall consist of a minimum twenty-five (25) foot wide area surrounding all sides of a parking lot.
2. 
Screening shall consist of a minimum ten (10) foot high visually impervious screen. If such screen consists of a wall or fence, the buffer area between the wall or fence and the lot line shall be a minimum of ten (10) feet in width and shall also be extensively planted with both deciduous and evergreen trees.
E. 
HVAC equipment and utility service boxes. All ground level HVAC equipment and utility service boxes shall be suitably buffered and screened to minimize views of the same from both within the site itself, as well as from adjacent and nearby properties and public rights-of-way, as follows:
1. 
Buffering shall consist of a minimum three (3) foot wide area surrounding all sides of HVAC equipment and utility storage boxes.
2. 
Screening shall consist of a minimum four (4) foot high evergreen hedge along all sides of the same.
F. 
Fencing, in accordance with Section 17:9-29 may also be utilized to provide screening between residential uses.
[Added 8-16-2021 by Ord. No. MC 2021-24; amended 12-13-2021 by Ord. No. MC 2021-39; 7-11-2022 by Ord. No. MC 2022-27; 10-11-2022 by Ord. No. MC 2022-48; 7-10-2023 by Ord. No. MC 2023-21 ; 2-12-2024 by Ord. No. MC 2024-05; 4-8-2024 by Ord. No. MC 2024-18]
A. 
Cannabis License Requirements.
1. 
Definitions. The definitions set forth in the Act[1] and the Cannabis Regulations are hereby incorporated by reference.
CONCEALMENT
To deliberately hide or destroy to prevent or evade discovery.
HEMP
The plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
HEMP PRODUCT
A finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale.
ILLICIT THC PRODUCT OR INTOXICATING CANNABINOID PRODUCT
Any hemp derived product, including all derivatives, extracts, cannabinoids, materials, compounds, isomers, acids, salts, salts of isomers, mixture, or preparation:
a. 
Used or intended for human consumption;
b. 
That is not made, produced, manufactured, sold, given away, bartered, exchanged, distributed, furnished, marketed, advertised, or otherwise held out for sale by cannabis establishments duly licensed under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 25:6I-1, et seq., or the Cannabis Regulatory, Enforcement Assistance, Marketplace Modernization Act, N.J.S.A. 25:6I-31, et seq.; and
c. 
That contains: 1) any amount of synthesized tetrahydrocannabinol (THC) of any kind, inclusive of acid forms, regardless of name, and including but not limited to THC-O, delta-8 tetrahydrocannabinol, and delta-10 tetrahydrocannabinol; or 2) a total delta-9 tetrahydrocannabinol content tetrahydrocannabinol content concentration level in excess of 0.3% on a dry weight basis; or 3) a total delta-9 tetrahydrocannabinol content in excess of 0.5 milligrams per labeled serving or individual unit or 2.5 milligrams per package regardless of the number of labeled servings or individual units therein; or 4) in the case of a liquid form, a total delta 9-tetrahydrocannabinol content in excess of 1 milligram per individual unit and 6 milligrams per package, with an individual unit being no less than 12 fluid ounces.
PROHIBITED SUBSTANCE
Any illicit THC product.
SYNTHESIZED TETRAHYDROCANNABINOL (THC)
a. 
Tetrahydrocannabinol synthesized in a laboratory or by industry using directed synthetic or biosynthetic chemistry rather than traditional food preparation techniques such as heating or extracting;
b. 
Chemical compounds derived from the hemp plant that are equivalents of the substances contained in marijuana, or in the resinous extracts of marijuana, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity.
TOTAL DELTA-9 TETRAHYDROCANNABINOL CONTENT
Is the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expressed the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis. This post-decarboxylation value of THC can be calculated by using a chromatograph technique using heat, such as gas chromatography, through which THCA is converted from its acid form to its neutral form, THC. Thus, this test calculated the total potential THC in a given sample. The total THC can also be calculated by using a liquid chromatograph technique, which keeps the THCA intact. This technique requires the use of the following conversion: [Total THC=(0.877 x THCA) + THC] which calculates the potential total THC in a given sample.
[1]
Editor's Note: See N.J.S.A. 24-6I-31 et seq.
2. 
City Pre-Vetting of Prospective Licensees. Prior to receiving the evidence of City support set forth in paragraph 3 below, the prospective licensee shall be vetted by the City Department of Economic Development and the Mayor. The vetting process may include, among other things, a review of a prospective licensee's: (i) demonstrated capacity to operate the proposed business; (ii) previous experience similar in scope and magnitude to the proposed business; and (iii) financials.
3. 
Evidence of City Support. In order to obtain a license from the Commission, a prospective licensee must secure support of the City with respect to such application. Such support shall be evidenced in writing from the Mayor of the City.
4. 
State Licensure Required. In order to locate within the City, a cannabis business must first obtain a license from the Commission. Such license must be in good standing during the entirety of the term of that business's operation within the City. The applicant must follow the State's licensing requirements set forth in N.J.A.C. 17:30-6.1.
5. 
City License Required. In order to locate within the City, a cannabis business must first obtain a license from the City. The City license must be renewed annually and is non-transferable. The City license is subject to the licensee obtaining site plan approval. In order to obtain a City license, a prospective licensee must submit an application and application fee to the City's Economic Development Department and must enter into a social equity agreement with the City. The social equity agreement may include:
a. 
Proof of a MBE/WBE/DBE Certification. If the cannabis business operator is not MBE/WBE/DBE certified, a percentage of equity should be allocated towards a minority group. Said minority group shall be located within the City. If there is not a City-based minority group available, then the minority group may be located within Union County and/or State of New Jersey.
b. 
Apprentices. A cannabis retail business shall be required to employ apprentices. Said apprentice shall be someone who has previously been disadvantaged by cannabis drug laws and is preferably enrolled in a re-entry program. The apprentice position shall incorporate training that will lead to a management role and an equity share of the cannabis business within two years.
c. 
Local Sourcing. At least 25% of cannabis products available for purchase from a cannabis retailer shall be cultivated and manufactured in the City of Plainfield and if unavailable in the City of Plainfield, in the State of New Jersey.
d. 
Employment and Training.
(1) 
The staff at any cannabis business shall contain local hires. At a minimum, 30%, or three employees, whichever is greater, of the staff shall reside in the City.
(2) 
All employees of a cannabis business shall complete Cannabis Business Training requirements as outlined in N.J.A.C. 17:30-9.8.
6. 
Site Plan Review Is Required. All proposed cannabis businesses must obtain site plan approval from the Planning Board. All such applications must be reviewed by the Planning Board's Technical Review Committee, together with a representative from the City's Department of Health and Social Services, prior to any Planning Board hearing.
B. 
The City's Land Use and Development Ordinance and any redevelopment plans inconsistent herewith are hereby amended as follows:
1. 
Permitted Locations. The following State cannabis classes are permitted in the following zoning districts:
a. 
Class 1: Cultivation - Light Industrial Zone District (LI).
b. 
Class 2: Manufacture - Light Industrial Zone District (LI).
c. 
Class 3: Wholesale - Light Industrial Zone District (LI).
d. 
Class 4: Distribution - Light Industrial Zone District (LI).
e. 
Class 5: Retail - Any district where retail is a permitted use, subject to compliance with the provisions of this section.
f. 
Class 6: Delivery - Light Industrial Zone District (LI).
2. 
Maximum Number of Facilities.
a. 
A maximum total of seven cannabis facilities operating under Classes 1, 2, 3, 4 and/or 6 shall be permitted within the City. By way of clarification, seven licenses total are permitted under this section, not seven licenses with respect to each class, and microbusinesses shall not count against the total number of licenses.
b. 
A maximum of eight retail cannabis business establishments, operating under Class 5, shall be permitted within the City. Microbusinesses shall not count against the total number of licenses.
3. 
Distance Requirements.
a. 
In addition to any other requirements and limitations established by the Commission from time to time, no retail cannabis business shall be located within:
(1) 
250 feet of door to door of front door retail space by public right-of-way.
b. 
Distances shall be measured from the property lines of the cannabis business site.
C. 
Parking and Loading.
1. 
Parking requirements for retail cannabis businesses:
a. 
A retail cannabis business establishment shall be required to provide no less than one space per 300 square feet of gross floor area.
b. 
Retail cannabis businesses shall also follow the parking regulations set forth in § 17:9-42 and § 17:11-15 of the City's Land Use Ordinance, unless such establishments are located within an area governed by a redevelopment plan, in which case the parking standards set forth in the redevelopment plan shall control.
c. 
Parking requirements may be satisfied through an off-site parking arrangement. A retail cannabis business establishment may lease parking spaces from the Plainfield Parking Utility's municipal parking lots.
2. 
Parking requirements for all other cannabis businesses:
a. 
All non-retail cannabis businesses shall be required to provide no less than one space per 1,000 square feet of gross floor area.
b. 
All non-retail cannabis businesses shall also follow the parking regulations set forth in § 17:9-42 and § 17:11-15 of the City's Land Use Ordinance.
3. 
Loading Requirements:
a. 
A retail cannabis business establishment shall adhere to § 17:11-13 of the City's Land Use Ordinance regarding required loading areas for commercial uses.
b. 
All non-retail cannabis businesses shall adhere to § 17:11-13 of the City's Land Use Ordinance regarding required loading areas for light industrial and warehouses.
D. 
Signage and Display of Products.
1. 
Each business shall be permitted one sign.
2. 
The following words shall be prohibited from appearing on any sign: "cannabis", "marijuana", "pot", "weed" and any other commonly known nickname of cannabis.
3. 
Signage shall comply with the City's 2018 Signage Ordinance, as may be amended from time to time.
Editor's Note: See § 17:9-51, Signs.
4. 
No cannabis products shall be displayed in any windows or doors.
E. 
Operational Requirements.
1. 
Public consumption of cannabis products is prohibited, except that consumption lounges are permitted as specifically set forth herein. "Consumption Lounges" are defined as the public consumption of cannabis products purchased from the Class 5 retail cannabis business onsite and attached to that Consumption Lounge, which complies with the following:
a. 
Consumption of cannabis products not purchased from the onsite retail cannabis business is prohibited.
b. 
The entire perimeter of the Consumption Lounge, whether indoors or outdoors, shall be enclosed and secure and only accessible internally via the cannabis retail business principal building, except for emergency exits.
2. 
All cannabis businesses shall be subject to health and safety review, inspection, and enforcement, including but not limited to an annual health and safety review and inspection, by the City's Quality of Life Task Force.
3. 
In additional to the protocol of the Quality of Life Task Force, all cannabis businesses shall abide by N.J.A.C. Subchapter 17: Monitoring, enforcement actions, and appeal rights.
4. 
Any cannabis business conducting deliveries to a residential dwelling shall adhere to N.J.A.C. 17:30-12.8.
5. 
A cannabis business operations manual is required for any cannabis business as outlined in N.J.A.C. 17:30-9.6.
6. 
Any cannabis microbusiness, as defined in the Cannabis Regulations shall comply with N.J.A.C. 17:30-6.7. A cannabis microbusiness shall be limited to 10 employees and premises no larger than 2,500 square feet.
7. 
Odors. All cannabis businesses shall comply with the following regarding odor:
a. 
A cannabis business shall provide an odor management plan, which shall contain details for air treatment and exhaust.
b. 
All cannabis businesses must provide adequate HVAC air quality equipment.
c. 
Cannabis odor must not permeate outside any cannabis business establishment. This must be demonstrated in the odor management plan.
d. 
All cannabis businesses shall adhere to generally applicable City ordinances regulating odor emissions.
e. 
All retail cannabis businesses must follow the protocols set forth in the Clean Air Act.
8. 
Noise. All cannabis businesses shall comply with the following regarding noise:
a. 
All cannabis businesses shall adhere to all generally applicable noise ordinances and regulations of the City.
b. 
All non-retail cannabis businesses shall take such sound mitigation measures as may be necessary, including but not limited to the installation of insulation if appropriate.
c. 
All non-retail cannabis businesses shall adhere to the requirements of N.J.A.C. 7:29.
9. 
Hours; Security. All cannabis businesses shall comply with the following hours of operation and security requirements:
a. 
All retail cannabis businesses shall adhere to the generally applicable hours of operation for retail businesses within the City. All retail cannabis businesses will operate from 8:00 a.m. – 10:00 p.m. Monday – Saturday, and 1:00 p.m. – 10:00 p.m. on Sundays.
All Cannabis Lounges shall adhere to the generally applicable hours of operation for bars within the City. All Cannabis Consumption Lounges will operate from 11:00 a.m. – 1:00 a.m. Monday – Thursday and Sunday, and from 11:00 a.m. – 2:00 a.m. on Friday – Saturday.
b. 
All non-retail cannabis businesses shall adhere to the generally applicable hours of operation for manufacturing and light industrial businesses within the City.
c. 
Security alarm system installation must follow the requirements as proscribed in N.J.A.C. 17:30-9.10.
10. 
Capacity. All cannabis businesses shall comply with the following capacity restrictions:
a. 
A maximum of 30 patrons per 1,500 square feet of gross floor area shall be permitted in any retail cannabis business establishment. By way of clarification, floor area which is not accessible to customers (e.g., storage) shall not be included in the gross floor area for purposes of this calculation. The business's security employees shall monitor patron capacity and restrict entry if necessary.
b. 
The capacity of all non-retail cannabis businesses shall be governed by the generally applicable requirements for manufacturing and light industrial businesses within the City.
11. 
All cannabis retail businesses shall adhere to N.J.A.C. 17:30-12.4 with regard to curbside retail sales.
12. 
All cannabis retailers shall be prohibited from the cultivation, production, manufacture, or any other action in the creation of cannabis products.
13. 
All cannabis businesses shall adhere to N.J.A.C. 17:30-9.12 regarding storage. All cannabis retail businesses shall adhere to N.J.A.C. 17:30.12.7 regarding storage.
14. 
All cannabis businesses shall follow inventory regulations as set forth in N.J.A.C. 17:30-9.13.
15. 
No person shall make, manufacture, sell, give away, barter, exchange, distribute, furnish, market, advertise, or otherwise hold out for sale any prohibited substance. Notwithstanding the foregoing, nothing in this section shall prohibit any duly licensed cannabis establishment from making, manufacturing, selling, giving away, bartering, exchanging, distributing, furnishing, marketing, advertising, or otherwise hold out for sale any cannabis product in accordance with the Act.
16. 
No person shall engage in an act of concealment of any prohibited substance.
17. 
Except as otherwise provided in this Code, any person who violates any of the requirements of this section or any regulation promulgated thereunder shall be fined not less than $5,000 per occurrence.
18. 
Any prohibited substance made, manufactured, sold, given away, bartered, exchanged, distributed, furnished, marketed, advertised, or otherwise held out for sale in violation of this section is subject to forfeiture and may be seized by the Police Department of the City of Plainfield.
[MC 2007-04 Exh. A, June 20, 2007]
Child care facilities shall be subject to the following regulations:
A. 
Pickup/drop off area; each facility shall provide an area for picking up and dropping off children as follows:
1. 
An on-site area with minimum dimensions of ten by twenty-five (10 x 25) feet; or
2. 
An area within the public right-of-way upon the consent of City Council.
3. 
Pickup/drop off areas are not permitted in front yards.
4. 
Pickup/drop off areas are to be screened from adjacent residences or zones.
B. 
Open space; each facility shall provide an outdoor recreational space as follows:
1. 
Open space areas are not permitted in required front yards;
2. 
Open space areas shall not be more proximate to an adjacent residential dwelling than fifty (50) feet.
3. 
Open space areas shall be screened from adjacent properties by six (6) foot closed fence and/or evergreen screening.
C. 
The provider must present the Zoning Officer with documentation of compliance with the State of New Jersey Division of Youth and Family Services requirements.
[MC 2013-13, December 9, 2013]
A. 
Clothing and donation receptacles shall be regulated by the following provisions:
1. 
Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a clothing/donation receptacle without first obtaining a permit from the City Zoning Officer. Permits are renewable on an annual basis during the month of January. The application shall include the following information: The name and telephone number of the bona fide office of the person or entity who will operate the receptacle. The telephone number shall be a number at which such person can be reached during normal business hours. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office. The applicant shall also provide a phone number for hours outside of business hours to reach a responsible person for emergency purposes.
2. 
The manner in which the person or entity plans to allocate or spend the proceeds of collected donations.
3. 
The names and addresses of those who may share or profit from any clothing or other donations; and
4. 
Written consent from the property owner to place the receptacle on the property and written acknowledgment from the property owner that the property owner shall insure compliance with the provisions of this section and shall be responsible for any violations.
B. 
In addition to the above application requirements, a renewal application must include:
1. 
A statement describing the manner in which the person has used, sold, or distributed any clothing or other donation collected from the receptacle, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates he or she may make in this process during the period covered by renewal;
2. 
The name and telephone number of the bona fide office of any entity which shared or profited from any clothing or other donations collected from the receptacle, and of any entities which may do so during the period covered by the renewal, as well as a phone number for hours outside of business hours to reach a responsible person for emergency purposes; and
3. 
If the location of the receptacle is to be moved, the new location where the receptacle is to be situated, as precisely as possible and written consent from the property owner of the new location.
C. 
The following information shall be clearly and conspicuously displayed on the exterior of the donation clothing receptacle:
1. 
The permit number and its date of expiration;
2. 
The name and address of the registered person or entity that owns or operates the receptacle, and of any other entity which may share or profit from any clothing or other donations collected from the receptacle;
3. 
The telephone number of the owner's bona fide office, and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from items collected from the receptacle. For purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office;
4. 
In cases when any entity other than the person who owns the receptacle may share or profit from any clothing or other donations collected via the receptacle, a notice, written in a clear and easily understandable manner, indicating the entity other than the person that owns the receptacle which may share or profit from such donations;
5. 
A statement, consistent with the information provided to the City in the most recent permit or renewal application, indicating the manner in which the owner anticipates any clothing or other donations collected from the receptacle will be used, sold, or distributed, and the method by which the proceeds of collected donations will be allocated or spent.
D. 
The placement of receptacles shall abide by the following regulations:
1. 
The City of Plainfield shall not grant an application for a permit to place, use, or employ a donation and clothing receptacle if it determines that the placement of the receptacle could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing receptacle within one hundred (100) yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases or the placement of a receptacle where it interferes with vehicular or pedestrian circulation.
2. 
The person placing, using or employing a donation and clothing receptacle shall maintain the receptacle and the area surrounding the receptacle such that there shall be no accumulation of clothing or other items outside the receptacle.
3. 
The clothing and donation receptacle shall be emptied no less than once a week and the area immediately surrounding shall be maintained in a clean and sanitary condition, and the clothing receptacle should remain in good working order and be painted and properly maintained.
E. 
The placement and/or use of a clothing/donation receptacle shall be regulated, and the use and location of receptacles shall be subject to the following requirements:
1. 
The location of clothing and donation receptacles is subject to all regulations regarding accessory structure found at Section 17:9-19.
2. 
No more than three (3) receptacles shall be located on any property.
3. 
Each clothing receptacle shall not exceed six (6) feet in depth, eight (8) feet in width and six (6) feet in height.
4. 
The clothing receptacle shall be located in such a manner that it will not interfere with pedestrian and/or traffic circulation or otherwise cause a traffic hazard by virtue of any obstruction that it may create by its placement.
5. 
The receptacles shall be located in a clearly visible and well-lighted area to permit inspection and enforcement.
6. 
The clothing receptacle shall not be placed in parking stalls or parking aisles or in any location that may interfere with the safe and efficient flow of vehicular and pedestrian circulation. No clothing receptacle shall be placed in a required buffer area or within three feet of a property line, or in a sight triangle or fire zone.
7. 
No clothing receptacle shall be placed in the front yard of a property.
8. 
No clothing receptacle shall be placed in a parking space designated as handicapped parking.
9. 
No clothes shall be stored outside the clothing receptacle.
F. 
Receipt, investigation of complaints.
1. 
Whenever it appears to the Zoning Officer that a person is in violation of this chapter, the person who placed the receptacle shall be advised to correct the condition within twenty-four (24) hours. For other violations of this chapter, the Zoning Officer shall advise the person in violation to cure the said violation within ten (10) days of written notice of the violation. In addition to any other means used to notify the person who placed the receptacle, such warning shall be affixed to the exterior of the receptacle itself.
2. 
In the event that the person who places the receptacle has three (3) violations of this chapter within a year, then the City of Plainfield may revoke the permit and require removal of the clothing receptacle. If the owner of the receptacle does not remove the receptacle after demand by the City, then the City may have the receptacle removed at the expense of the person who placed the receptacle and sell it at public auction or otherwise dispose of any clothing or other donations collected via the receptacle. Any proceeds from the sale of the donations collected via the receptacle shall be paid to the Chief Financial Officer of the City for placement in the general fund.
G. 
In addition to any other penalties or remedies authorized by the laws of this State, any person who violates any provision of this section or the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) which results in seizure of the donation clothing receptacle shall be:
1. 
Subject to a penalty of up to five hundred ($500.00) dollars for the first violation and not to exceed five thousand ($5,000.00) dollars for each subsequent violation. The City may bring this action in the City Municipal Court or the Superior Court of New Jersey as a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the City; and
2. 
Deemed ineligible to place, use, or employ a donation clothing receptacle for solicitation purposes pursuant to this section and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing, using, or employing a donation clothing receptacle by violating the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the Zoning Board of Adjustment to have that person's eligibility restored. The Zoning Board of Adjustment may restore the eligibility of a person who: (1) Acts within the public interest; and (2) Demonstrates that he or she made a good faith effort to comply with the provisions of this section and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and all other applicable laws and regulations, or had no fraudulent intentions.
[MC 2002-29 § 17:9-26, December 2, 2002]
All community centers are to conform to the following regulations:
A. 
All interior areas designed for potentially noisy activities shall be sufficiently sound insulated or separated from adjacent residential structures so as to avoid any noise nuisance;
B. 
A minimum twenty-five (25) foot setback is required from all residential property lines. A minimum twenty-five (25) foot wide landscaped buffer area consisting of massed evergreen and deciduous plantings shall be provided between a property used by a community center and a residential property line. Existing vegetation may be considered as part of the required buffer area;
C. 
The site shall include or shall be in close proximity to open space that can be utilized for active recreation;
D. 
Any outdoor swimming pool shall be adequately fenced or otherwise enclosed and screened to avoid uncontrolled access and the creation of an attractive nuisance.
[MC 2002-29 § 17:9-27, December 2, 2002]
Conversions from residential use to office use in the Professional Office (PO) Zone and the Mixed Use (MU) Zone shall comply with the following provisions:
A. 
Adequate on-site parking must be provided to the rear of the existing structure. No parking may be permitted within a setback area.
B. 
No structure may be located any closer to a front lot line than the average front setback of the two (2) adjacent structures.
C. 
No retail uses may be conducted from a converted building.
D. 
A mix of residential and office use is permitted provided that adequate on-site parking is available for both uses. No more than two (2) dwelling units may be located in a converted building in the PO Zone.
[Added 5-9-2022 by Ord. No. MC 2022-16]
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 non-residential 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. 
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 paragraph (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 zoning officer shall enforce all signage and installation requirements described in this ordinance. Failure to meet the requirements in this ordinance shall be subject to the same enforcement and penalty provisions as other violations of the City'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 paragraph (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 zoning officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(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.
C. 
Requirements for new installation of EVSE and make-ready parking spaces.
(1) 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a) 
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third 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 one-third of the original 15% of Make-Ready parking spaces; and
(c) 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.
(d) 
Throughout the installation of EVSE in the Make-Ready parking spaces, at least five percent 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 paragraph (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 five percent 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.
D. 
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 § 17:9-42.
(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.
E. 
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 sub code 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 9 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 N.J.S.A. 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality and enforced by the Police Department and Parking Utility 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 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 paragraph (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 paragraph (5) below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the City's ordinances and regulations.
(c) 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be 3 to 4-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 paragraph (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 24-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 City 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 paragraph (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) 
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.
[MC 2002-29 § 17:9-27, December 2, 2002]
No signs, newspaper stands, steps or other structural encroachments shall be permitted into the public right-of-way without receipt of approval from the Plainfield City Council. There shall be no replacement or removal of existing grass areas between the sidewalk or curb in the public right-of-way changing same to concrete, asphalt or other ground surface without receipt of written approval by way of resolution from Plainfield City Council. The City Council shall request the opinion of the Planning Board prior to acting on a request to encroach into the public right-of-way.
[MC 2002-29 § 17:9-28, December 2, 2002]
Family day care homes are permitted home occupations. Childcare centers shall not be considered permitted home occupations. In order to provide for the safety of the children in the family day care homes, the following regulations must be followed:
A. 
Family day care is permitted in all residential zones.
B. 
The provider must be the resident of the premises, and must present the Zoning Officer with documentation of substantial compliance with all Division of Youth and Family Services requirements on an annual basis. The family day care home must be registered pursuant to the. "Family Day Care Provider Registration Act," per N.J.S.A. 46:8D-l et seq.
C. 
For any family day care home not located in a single-family dwelling, side or rear yard which is utilized for recreation activity must be fenced in accordance with this chapter. No recreation area may be located in a front yard area. Any associated equipment shall be restricted to the fenced yard.
D. 
The facility shall comply with all applicable BOCA, State of New Jersey and City building safety regulations.
[MC 2002-29 § 17:9-29, December 2, 2002; MC 2013-13, December 9, 2013]
Fences and walls shall be permitted in all districts, but shall be considered structures requiring an approved development permit prior to construction. Adequate surveys, plans and details are to be submitted to the Zoning Officer in accordance with Article I in order for a determination to be made as to the proposed fence zoning conformance. Fences and walls shall be subject to the following provisions:
A. 
Front Yards.
1. 
In residential zone districts, fences shall be permitted to be located in front yards, provided such fences shall not exceed four (4) feet in height, as measured from ground level, and shall be constructed so that at least fifty percent (50%) thereof is nonsolid and open. Fence types such as board-on-board and stockade shall be considered solid fences. Decorative and retaining walls are permitted to be located in front yards in residential zone districts, provided they shall not exceed two and one half (2-1/2) feet in height, as measured from ground level. Fence posts, corners, gateways, wall piers and entryways may not exceed five (5) feet in height.
2. 
In nonresidential zone districts, fences and decorative walls may be erected in the front yard at or behind the front setback line extending to the rear and/or side lot lines, provided they do not exceed six (6) feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed seven (7) feet in height.
3. 
Chain link fences shall be prohibited in front yards in all zone districts.
B. 
Side and Rear Yards.
1. 
In residential zones, both solid and nonsolid fences shall be permitted to be located in side or rear yards, provided such shall not exceed six (6) feet in height, as measured from the ground level. Decorative walls in residential zones are permitted to be located in side or rear yards, provided such shall not exceed four (4) feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed seven (7) feet in height.
2. 
In nonresidential zones, both decorative walls and solid or nonsolid fences shall be permitted to be located in side or rear yards, provided such shall not exceed six (6) feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed seven (7) feet in height.
3. 
Chain link fences shall be prohibited in side and rear yards of residential properties.
C. 
Finished Exterior Side. All fences or walls shall be constructed so that the finished side, with no fully exposed structurally supporting members, is located on the exterior facing outward away from the property upon which it is located.
D. 
Materials. No fence or wall shall be constructed or installed with barbed wire, metal spikes, or topped with concertina or razor wire, broken bottles or similar materials so as to be dangerous to humans or animals. Chain link fences existing in front yards at the date of passage of this chapter may be continued and/or replaced. No new chain link fences are allowed in front yards.
Editor's Note: This chapter was adopted December 2, 2002 by Ordinance MC 2002-29.
E. 
Drainage. Fences and decorative walls shall be constructed in a manner so as to permit the continued flow of natural drainage and shall not cause surface water to be blocked or dammed, either on the property upon which such is located or on any adjacent lot. Those applying for a development permit to erect a fence or decorative wall shall ensure compliance with this provision.
F. 
Obstruction. No fence shall be constructed within any sight triangle as defined in this article, or installed so as to constitute a hazard to traffic or public safety.
G. 
Retaining Walls. Any permitted wall proposed to be used as a retaining wall may be required to be reviewed by the City Engineer prior to the issuance of a development permit.
H. 
Exceptions. Fences or walls that constitute a permitted buffer area screen approved as part of a site plan application shall be excepted from the above height and location provisions. In addition, fencing required to enclose a tennis court or racquetball court shall be excepted from the above maximum height provisions. Said fence shall not exceed twelve (12) feet in height, as measured from ground level, and may not be located within a required setback area for accessory structures.
[Flood Damage Prevention was replaced in entirety 4-10-2023 by Ord. No. MC 2023-06. Prior history includes MC 2002-29 § 17:9-30, December 2, 2002; MC 2006-30 §§ 1.0—5.0, September 20, 2006; MC 2017-38, December 31, 2017]
[Added 4-10-2023 by Ord. No. MC 2023-06]
These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of The City of Plainfield (hereinafter "these regulations").
These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Section 17:9-30.102 of these regulations.
The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
A. 
Protect human life and health.
B. 
Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
C. 
Manage the alteration of natural floodplains, stream channels and shorelines;
D. 
Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
E. 
Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
F. 
Contribute to improved construction techniques in the floodplain.
G. 
Minimize damage to public and private facilities and utilities.
H. 
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
I. 
Minimize the need for rescue and relief efforts associated with flooding.
J. 
Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
K. 
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
L. 
Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.
Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the City of Plainfield administer and enforce the State building codes, the City Council of the City of Plainfield does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.
Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement Section 17:9-30.103.14 of this chapter.
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
The provisions of these regulations shall not be deemed to nullify any provisions of local, State, or Federal law.
No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this chapter or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
Each day in which a violation of this chapter exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.
Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the violation of this chapter.
Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.
These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.
[Added 4-10-2023 by Ord. No. MC 2023-06]
These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
A. 
The City of Plainfield was accepted for participation in the National Flood Insurance Program on June 25, 1971.
The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the City Hall located at 515 Watchung Avenue, Plainfield, New Jersey 07060.
The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:
1. 
Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Union County, New Jersey (All Jurisdictions)" dated September 20,2006 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1) whose effective date is September 20, 2006 are hereby adopted by reference.
Table 102.2(1)
Map Panel #
Effective Date
Suffix
Map Panel #
Effective Date
Suffix
34039C0028
9/20/2006
F
34039C0040
9/20/2006
F
34039C0029
9/20/2006
F
34039C0038
9/20/2006
F
34039C0039
9/20/2006
F
2. 
Federal Best Available Information. The City of Plainfield shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of this chapter must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 102.2(2)
Map Panel #
Preliminary Date
Suffix
Map Panel #
Preliminary Date
Suffix
34039C0028
4/18/2016
G
34039C0040
4/18/2016
G
34039C0029
4/18/2016
G
34039C0038
4/18/2016
G
34039C0039
4/18/2016
G
3. 
Other Best Available Data. The City of Plainfield shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by The City of Plainfield. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Section 17:9-30.102.2(1) and (2), above. This information shall be used for floodplain regulation purposes only.
4. 
State Regulated Flood Hazard Areas. For State regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation", as defined in Section 17:9-30.201, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 102.2(3)
Name of Studied Water
File Name
Map Number
Stream 14-14-2-2
C0000012
2
Stream 14-14-2-2, Stream 14-14-2-2 Trib
C0000013
1
Cedar Bk
C0000029
4
Green Bk
C0000040
1
Branch 22
SUPPX007
BR22-2
Branch 22
SUPPX008
BR22-3
Green Bk
SUPPX012
G-4
Green Bk
SUPPX013
G-5
Green Bk
Y0000002
1 of 6
Green Bk
Y0000003
2 of 6
Green Bk
Y0000004
3 of 6
Green Bk
Y0000005
4 of 6
Green Bk
Y0000006
5 of 6
Stony Bk
Y0000007
6 of 6
Stony Bk
Y0000008
6 of 6
Cedar Bk
Y0000009
6 of 6
A. 
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section 17:9-30.102.2, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this chapter.
At a minimum, the Local Design Flood Elevation shall be as follows:
1. 
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section 17:9-30.102.2, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
2. 
For any undelineated watercourse (where mapping or studies described in 17:9-30.102.2A1 and A2 above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:
a. 
A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or
b. 
A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Section 17:9-30.105.2-3.
3. 
AO Zones - For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the Local Design Flood Elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the Local Design Flood Elevation is three feet above the highest adjacent grade.
4. 
Class IV Critical Facilities - For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard in accordance with ASCE 24.
5. 
Class III Critical Facilities - For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional one foot of freeboard in accordance with ASCE 24.
[Added 4-10-2023 by Ord. No. MC 2023-06]
The Zoning Officer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Section 17:9-30.107 of these regulations.
The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.
The duties of the Floodplain Administrator shall include but are not limited to:
A. 
Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 17:9-30.102 of these regulations.
B. 
Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
C. 
Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
D. 
Determine whether additional flood hazard data shall be obtained or developed.
E. 
Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.
F. 
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 17:9-30.103.14 of these regulations.
G. 
Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
H. 
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to Section 17:9-30.107 of these regulations.
I. 
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
J. 
Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
K. 
Inspect development in accordance with Section 17:9-30.106 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
L. 
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Section 17:9-30.107 of these regulations.
M. 
Cite violations in accordance with Section 17:9-30.108 of these regulations.
N. 
Notify the Federal Emergency Management Agency when the corporate boundaries of The City of Plainfield have been modified.
O. 
Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in Section 17:9-30.102.2.
The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.
It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including Section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
A. 
Obtain, review, and reasonably utilize data available from a Federal, State, or other source, or
B. 
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Sections 17:9-30.102.2 and 17:9-30.102.3 respectively. This information shall be provided to the Construction Official and documented according to Section 17:9-30.103.15.
Base Flood Elevations may increase or decrease resulting from natural changes (e.g. erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.
Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land- disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.
A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.
All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this chapter unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this chapter. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
A. 
Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
B. 
Determine and include the costs of all ordinary maintenance and minor work, as discussed in Section 17:9-30.102.2, performed in the floodplain regulated by this chapter in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
C. 
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
D. 
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
E. 
Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.
In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.
The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
[Added 4-10-2023 by Ord. No. MC 2023-06]
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:
A. 
Identify and describe the development to be covered by the permit.
B. 
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
C. 
Indicate the use and occupancy for which the proposed development is intended.
D. 
Be accompanied by a site plan and construction documents as specified in Section 17:9-30.105 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
E. 
State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
F. 
Be signed by the applicant or the applicant's authorized agent.
The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.
A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.
[Added 4-10-2023 by Ord. No. MC 2023-06]
The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
A. 
Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
B. 
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 17:9-30.105.2.
C. 
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 17:9-30.105.2C of these regulations.
D. 
Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.
E. 
Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
F. 
Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
G. 
Extent of any proposed alteration of sand dunes.
H. 
Existing and proposed alignment of any proposed alteration of a watercourse.
I. 
Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.
Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:
A. 
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
B. 
Obtain, review, and reasonably utilize data available from a Federal, State or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
C. 
Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.
As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
A. 
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 17:9-30.105.4 of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.
B. 
For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
C. 
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 17:9-30.105.4 of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
D. 
For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
E. 
For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).
When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
[Added 4-10-2023 by Ord. No. MC 2023-06]
Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.
The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
A. 
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 17:9-30.801.2 shall be submitted to the Construction Official on an Elevation Certificate.
B. 
Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 17:9-30.801.2 shall be submitted to the Construction Official on an Elevation Certificate.
C. 
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section 17:9-30.801.2.
D. 
Final inspection. Prior to the final inspection, certification of the elevation required in Section 17:9-30.801.2 shall be submitted to the Construction Official and the Floodplain Administrator on an Elevation Certificate.
The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an Elevation Certificate to the Floodplain Administrator prior to the final inspection.
[Added 4-10-2023 by Ord. No. MC 2023-06]
The Zoning Board of Adjustment shall hear and decide requests for variances. The Zoning Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section 17:9-30.107.5, the conditions of issuance set forth in Section 17:9-30.107.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Zoning Board of Adjustment has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
A variance to the substantial improvement section of this chapter is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this chapter, and the variance is the minimum necessary to preserve the historic character and design of the structure.
A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Section 17:9-30.105.3A of these regulations.
In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
A. 
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
B. 
The danger to life and property due to flooding or erosion damage.
C. 
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
D. 
The importance of the services provided by the proposed development to the community.
E. 
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
F. 
The compatibility of the proposed development with existing and anticipated development.
G. 
The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
H. 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
I. 
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
J. 
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.
Variances shall only be issued upon:
A. 
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
B. 
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
C. 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
D. 
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. 
Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.
[Added 4-10-2023 by Ord. No. MC 2023-06]
Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.
The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.
Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.
A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Added 4-10-2023 by Ord. No. MC 2023-06]
he following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.
100-YEAR FLOOD ELEVATION
Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.
500-YEAR FLOOD ELEVATION
Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.
A ZONES
Areas of 'Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this chapter, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.
ACCESSORY STRUCTURE
Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
AGRICULTURAL STRUCTURE
A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).
AH ZONES
Areas subject to inundation by 1%-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
AO ZONES
Areas subject to inundation by 1%-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
AREA OF SHALLOW FLOODING
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
See SPECIAL FLOOD HAZARD AREA.
ASCE 7
The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
ASCE 24
The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].
BASE FLOOD ELEVATION (BFE)
The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation".
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA AREA
The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available preliminary flood elevation guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BREAKAWAY WALLS
Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such that (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone Certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.
BUILDING
Per the FHACA, "Building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.
CONDITIONAL LETTER OF MAP REVISION
A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CONDITIONAL LETTER OF MAP REVISION - FILL
A Conditional Letter of Map Revision - Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CRITICAL BUILDING
Per the FHACA, "Critical Building" means that:
A. 
It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
B. 
It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.
DEVELOPMENT
Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.
DRY FLOODPROOFING
A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ELEVATED BUILDING
A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.
ELEVATION CERTIFICATE
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
ENCROACHMENT
The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
FEMA PUBLICATIONS
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the State, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 - 3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD OR FLOODING
A. 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters.
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
3. 
Mudslides (I.e. mudflows) which are proximately caused by flooding as defined in A2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph A1 of this definition.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPLAIN OR FLOOD PRONE AREA
Any land area susceptible to being inundated by water from any source. See "Flood or flooding."
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOODPROOFING CERTIFICATE
Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
HABITABLE BUILDING
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
HARDSHIP
As related to Section 17:9-30.107, meaning the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. 
By an approved State program as determined by the Secretary of the Interior; or
2. 
Directly by the Secretary of the Interior in States without approved programs.
LAWFULLY EXISTING
Per the FHACA, means an existing fill, structure and/or use, which meets all Federal, State, and local laws, and which is not in violation of the FHACA because it was established:
A. 
Prior to January 31, 1980; or
B. 
On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this chapter to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.
LETTER OF MAP AMENDMENT
A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP CHANGE
The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on an Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision - Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.
LETTER OF MAP REVISION
A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP REVISION - FILL
A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.
LICENSED DESIGN PROFESSIONAL
Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.
LICENSED PROFESSIONAL ENGINEER
A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
LOCAL DESIGN FLOOD ELEVATION (LDFE)
The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.
LOWEST ADJACENT GRADE
The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.
LOWEST FLOOR
In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of these regulations.
MANUFACTURED HOME
A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE
The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.
NON-RESIDENTIAL
Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK
This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.
RECREATIONAL VEHICLE
A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
RESIDENTIAL
Pursuant to the ASCE 24:
A. 
Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;
B. 
Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
C. 
Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.
SOLID WASTE DISPOSAL
"Solid Waste Disposal" shall mean the storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
SPECIAL FLOOD HAZARD AREA
The greater of the following: (1) Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD HAZARD.
START OF CONSTRUCTION
The Start of Construction is as follows:
A. 
For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
B. 
For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change.
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
A. 
Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of an "historic structure", provided that the alteration will not preclude the structure's continued designation as an "historic structure."
THIRTY-DAY PERIOD
The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this chapter has been issued.
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.
VARIANCE
A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
VIOLATION
A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
WATERCOURSE
A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
WET FLOODPROOFING
Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the Local Design Flood Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.
[Added 4-10-2023 by Ord. No. MC 2023-06]
Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:
A. 
All such proposals are consistent with the need to minimize flood damage.
B. 
All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.
C. 
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.
Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
A. 
The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
B. 
Residential building lots shall be provided with adequate buildable area outside the floodway.
C. 
The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.
[Added 4-10-2023 by Ord. No. MC 2023-06]
Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Section 17:9-30.105.3A of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Section 17:9-30.105.3A is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section 17:9-30.801.2 of this chapter and the floodway requirements of N.J.A.C. 7:13.
The following are prohibited activities:
A. 
The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.
B. 
Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.
All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.
Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.
Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.
The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.
[Added 4-10-2023 by Ord. No. MC 2023-06]
All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Section 17:9-30.801.2.
All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood resistant design and construction.
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section 17:9-30.801.2.
Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section 17:9-30.801.2 of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 17:9-30.801.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
[Added 4-10-2023 by Ord. No. MC 2023-06]
The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.
Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section 17:9-30.801.2 for habitable buildings and Section 17:9-30.501.3.
[Added 4-10-2023 by Ord. No. MC 2023-06]
Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
[Added 4-10-2023 by Ord. No. MC 2023-06]
All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
A. 
Be located and constructed to minimize flood damage;
B. 
Meet the limitations of Section 17:9-30.105.3A when located in a regulated floodway;
C. 
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to Section 17:9-30.102.3;
D. 
Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;
E. 
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section 17:9-30.102.3 or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:
1. 
Specifically allowed below the Local Design Flood Elevation; and
2. 
Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.
F. 
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
G. 
Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.
A. 
Construction and Elevation in A Zones not including Coastal A Zones.
1. 
No portion of a building is located within a V Zone.
2. 
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
3. 
All new construction and substantial improvement of any habitable building (as defined in Section 17:9-30.201) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 17:9-30.102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.
4. 
All new construction and substantial improvements of non-residential structures shall:
a. 
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 17:9-30.102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or
b. 
Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:
(1) 
Meets the requirements of ASCE 24 Chapters 2 and 7; and
(2) 
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.
5. 
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
a. 
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
b. 
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of Section 17:9-30.801.2A4(b) are met;
c. 
Be constructed to meet the requirements of ASCE 24 Chapter 2;
d. 
Have openings documented on an Elevation Certificate; and
e. 
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C.7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
(1) 
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
(2) 
The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;
(3) 
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.
Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.
Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Section 17:9-30.105.3A) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Section 17:9-30.107 of this chapter.
Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section 17:9-30.105.3A of these regulations and N.J.A.C. 7:13.
Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Section 17:9-30.105.3A of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
A. 
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.
B. 
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Section 17:9-30.105.3A of these regulations.
[Added 4-10-2023 by Ord. No. MC 2023-06]
Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.
Temporary structures and temporary storage in floodways shall meet the requirements of Section 17:9-30.105.3A of these regulations.
[Added 4-10-2023 by Ord. No. MC 2023-06]
In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in Section 17:9-30.102.3.
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in Section 17:9-30.102.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section 17:9-30.801.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Section 17:9-30.102.3.
Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in Section 17:9-30.102.3.
Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
[Added 12-13-2021 by Ord. No. MC 2021-40; amended 4-10-2023 by Ord. No. MC 2023-07; 7-10-2023 by Ord. No. MC 2023-17]
The purpose of this section is to define the process, licensing, location, and general operations for vendors engaged in the preparation and sale of food from mobile, non-permanent vehicles, but at stationary locations within the City of Plainfield. It is not the purpose of this section to regulate peddlers/vendors with carts or push carts who travel from place to place making their sales and are already regulated by § 9:7-1 et seq.
A. 
General Provisions.
1. 
Any individual/corporation who wishes to operate as a mobile food vendor must obtain zoning approval from the Zoning Officer, Certificates of Approval from the Fire and Health Departments, an acceptable background check from the Police Department, and a license from the City Clerk. All applications are first to be submitted to the Zoning Officer, and only upon an acceptable finding as to the proposed location, advance on to obtain other approvals. Zoning, fire, police and health approvals shall be obtained prior to the submission of license application to the City Clerk. No mobile food vehicle, pushcart or frozen dessert truck shall sell or offer for sale and goods, wares or merchandise without first obtaining these written approvals.
2. 
The application form for the zoning approval shall be the development permit application used for all zoning applications. The forms for the Police, Fire and Health Division are available in their respective offices. The form for the City Clerk license application shall be the same as the requirements for a Peddler's Permit as defined in Chapter 9, Article 7, Peddlers and Solicitors, of the City Ordinance. All approved certificates are to be brought to the City Clerk at the time of license application.
3. 
All applicants attempting to apply or renew a license shall provide the following to the Zoning Officer at the time of initial application submission:
a. 
Business Registration Certificate issued by the New Jersey Division of Taxation.
b. 
Proof of ownership or rental of the food vehicle.
c. 
Proof of motor vehicle insurance. A license shall not be issued unless proof of insurance is provided for:
(1) 
Motor vehicle insurance as per N.J.S.A. 39:6B-1,
(2) 
Proof of general liability insurance providing a minimum of $1,000,000 coverage per occurrence.
d. 
A satisfactory motor vehicle inspection report issued no more than 30 days prior to the license application being filed with the City Clerk.
e. 
The make and model of the food vehicle, state license plate number, driver's identification number, and a copy of the state vehicle registration.
4. 
The City Clerk issued license, the police background check, and the Health and Fire Department Certificates of Approval shall be valid for one year and expire on May 31, regardless of the month the license was issued. The applicant shall submit a new license application to be reviewed annually by the end of May of each calendar year with the City Health, Police, and Fire Departments, and obtain a new license from the City Clerk. Annual zoning approval, provided the site location has not changed is not required; a new site will require the submission of a new zoning application. Licenses/permits are not transferable.
5. 
Background checks will be conducted by the Plainfield Police Department on an annual basis for each holder of a license or permit, and their employees who will be working the vehicle. The Police Director or designee shall have the power to deny the license/permit, based on the findings of the background check, should the background check indicate the applicant would be a danger to the health, safety and welfare of the community.
6. 
It is the responsibility of the license/permit holder to ensure that each new employee who engages in the activities regulated by this section completes and receives a permit prior to operating any vehicle.
7. 
Holders of special licenses from the State of New Jersey pursuant to the regulations of N.J.S.A. 45:24-9 as supplemented and amended (honorably discharged veterans and exempt members of volunteer fire departments, volunteer fire engine, hook and ladder, hose supply company or salvage corps, of any municipality in the State of New Jersey who hold exemption certificate issued to them) must complete an application and pay for any background checks with the New Jersey Division of State Police but shall be exempt from any of the City's administrative fees for background checks hereunder. Only honorably discharged veterans who have resided in the State of New Jersey for at least six months and in Union County for at least three months shall qualify for this exemption.
8. 
All annual licenses/permits shall expire on May 31 (or the first regular business day thereafter if the 31st falls on a weekend or holiday) of the following year.
9. 
Upon termination of an employee, all permits of terminated employees must be returned to the City Clerk within 10 days of such termination.
10. 
Number of Licenses.
[Amended 7-10-2023 by Ord. No. MC 2023-17]
a. 
A maximum of twelve licenses/permits shall be available each year for the Church Street area for food vehicles operated by vendors who do not have a brick-and-mortar restaurant or store within the City of Plainfield. As Church Street is the only acceptable location for daily operations of food vehicles, with a six food vehicle capacity limit, permitted vehicles are allowed to operate daily on a first-come-first-served basis - not to exceed the six food vehicle capacity daily.
b. 
A maximum of 12 licenses/permits shall be available each year for food vehicles operated by businesses which, already prior to the application for a license/permit have a brick and mortar eating and drinking establishment or restaurant, including restaurants with a plenary retail consumption license/permit within the City of Plainfield.
c. 
Without amendment to this ordinance, the City Clerk may issue additional licenses for brick-and-mortar operations where circumstances outside business owner's control, such as executive orders which limit occupations on indoor dining, natural disaster, and other similar extreme circumstances, prevent or significantly diminish the operating ability of the brick-and-mortar establishment.
11. 
All of the above licenses, approvals and permits must be displayed in full view on the food vehicle during the course of business.
12. 
Special Event License.
a. 
A mobile food vendor operating at a one-time special event (fair, party, festival, movie production, etc.) is required to comply with this subsection unless already licensed through this section.
b. 
An application for a special event license, which shall include the location and specific duration of the special event, must be filed no later than two weeks before the event. Applications made less than two weeks before the event may be accepted up to the day of the event at the discretion of the Health Officer, Fire Official and City Clerk. A service fee may be charged not to exceed double the standard fee. In no case may a food vehicle operate without the approval of the Fire or Health Official. The special event license shall expire at the end of the special event.
c. 
Special event licenses shall not be subject to the license maximums stated on Subsection A10 above.
13. 
Food vehicle operators are encouraged to register with the City Special Improvement District.
B. 
Inspections; Departments of Health and Fire.
1. 
All food vehicles shall be inspected annually by the City Departments of Health and Fire Prevention Bureau and applicants shall present valid certificates of approval from each office at the time of application submittal to the City Clerk. No food vehicles shall operate without City Health or Fire Department Certificates of Approval. Any mobile food vendor operating without a valid motor mobile food vendor license and/or health certificate shall be deemed a public safety hazard and may be ticketed and/or impounded under the direction of the Police Department or Health Officer.
2. 
New or replacement food vehicles shall be inspected by both the Health Department and Fire Prevention Bureau before operating. Operators shall submit specifications related to equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications at least one week prior to the scheduled inspection. Additionally, operators shall submit information related to the layout, mechanical schematics, construction materials, and finish schedules. The City Health and Fire Departments may request additional information required for a complete review of the food vehicle.
3. 
No changes shall be made to approved food vehicles without reinspection by the City Health and Fire Departments.
4. 
No food vehicle that utilizes propane shall operate with the City of Plainfield without first having been inspected and approved by the Plainfield Fire Department Fire Prevention Bureau. Applicants are advised that they must comply with all National Fire Protection Association codes specifically regarding general safety, fuel and power sources, propane system integrity operational safety and solid fuel safety as applicable.
5. 
Compliant food vehicles shall receive a Certificate of Approval valid as stated in paragraph 1 above.
6. 
Food vehicles failing either inspection may be reinspected at any time. No additional fee will be charged for the first reinspection if application for reinspection is requested within 30 days of the first inspection. The full inspection fee is required for reinspections after that date and for any additional inspections.
C. 
Operational Regulations and Restrictions.
[Amended 4-10-2023 by Ord. No. MC 2023-07]
1. 
All products sold or offered for sale from such vehicles shall comply with all the laws and local ordinances relating to food and food products.
2. 
Food vehicle vendors shall not:
a. 
Offer to sell products in streets where the permitted speed limit is 30 miles per hour or greater.
b. 
Offer to sell or sell products to a person standing in a roadway.
c. 
Allow any unauthorized person to ride in or on the vehicle.
d. 
Offer to sell or sell food to a motorist or occupant of any vehicle.
e. 
Provide in-vehicle dining services or sidewalk tables or chairs.
f. 
Vacate any location without first removing all solid waste and debris which has been caused by the occupancy of the vehicle or its patrons.
3. 
Locations. Notwithstanding anything herein to the contrary, a food vehicle, other than a frozen dessert truck as defined in § 17:1-6, shall ONLY occupy City designated spaces within the public right-of-way strictly in compliance with the conditions imposed by this section and, where applicable, the special conditions set forth below. No mobile food vendor's vehicle shall occupy street space blocking the passage of traffic. All food vehicles must abide by all traffic and parking regulations. Stationary food vehicles are permitted on private property provided that written property owner's consent is submitted. Stationary Food Vehicles shall be permitted at the following public location:
a. 
On the east or west side of Church Street between East Front and East Third streets.
4. 
Plainfield residents may request authorization to have a licensed food vehicle on the driveway of their premises or in the public parking space directly in front of their residence on the public street for special events. These requests shall be filed with the City Clerk who shall approve such application unless public health and safety concerns are apparent. Any such application shall include the number of food vehicles and allowed hours of operation. In no case shall the City Clerk allow hours for this special event prior to 8:00 a.m. or after 9:00 p.m. In no event shall the food vehicle be permitted on the sidewalk or elsewhere in the public right-of-way or on the private residential property.
5. 
No motorized food vehicle shall operate or be parked in any area where parking of motor vehicles is prohibited, restricted or regulated unless written authorization is issued by the Police Director or designee.
6. 
Food vehicle parking on public streets is limited to the hours of 6:00 a.m. to 9:00 p.m. Sunday through Thursday; and 6:00 a.m. to 10:00 p.m. Friday and Saturday. Food vehicles are not permitted to remain at these locations outside of these hours or overnight.
7. 
Each food vendor operator shall place a trash can and recycling can of adequate size within 10 feet of the food vehicle. Vendors are required to remove trash and properly dispose of all trash and recycling material within 25 feet of their vehicle before leaving the site. The vendor shall not dispose of trash or recyclables in or alongside city receptacles.
8. 
Nothing in this section shall limit the City from hiring food vendors for special events. The City, at its own discretion, may determine the number of food vehicles, the allowed hours of operation, and may utilize public property, public recreation facilities, streets and or sidewalks for such events.
9. 
The Police Director or designee, the Health Director or designees, or Fire Official or Zoning Officer designee may cause the City Clerk to revoke or rescind any license granted under this section if the person or organization granted such license shall be found:
a. 
Using false or fraudulent statements in obtaining such license or permit.
b. 
Using false or fraudulent statements or other misrepresentation in the course of carrying on business or employment under such license or permit.
c. 
Conducting the business of mobile food vending contrary to the certificates of approval issued, in an unlawful manner or in such a manner as to constitute a breach of the permits granted, or the peace, or nuisance or a menace to the health, safety, and welfare of the citizens of Plainfield.
d. 
Summonses for violations may also be issued by the above individuals.
D. 
Fees.
1. 
The license fee for food vehicles shall be $1,000 annually, inclusive of the Zoning Officer review, Health, and Fire Department certificates per food vehicle, except that holders of special licenses pursuant to Subsection A7 above shall be exempt. This payment can be made quarterly, but is then to be paid at the rate of $400/quarter. This is to be paid to the City Clerk upon application for the Food Vehicle License or if being paid by installment before the period quarter ends.
2. 
Each applicant is separately responsible for the cost of fingerprinting.
3. 
For special events licenses:
a. 
Businesses with a license/permit with the City and based in Plainfield: $50.
b. 
Plainfield based non-profit or charitable organization: $25.
c. 
All other entities: $100.
4. 
The fee for issuance of a duplicate license to replace a lost license or an amended license shall be $25.
E. 
Violations and Penalties. Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $2,000 per day for each violation. Each offense shall be deemed a separate offense committed on each day that the violation occurs or continues. Violations must be abated within 48 hours of violation issuance. Failure to comply will result is a summons of $150 per day.
[MC 2002-29 § 17:9-31, December 2, 2002]
No subdivision in any zone district will be permitted for an existing lot on which there is presently erected any type of residential structure unless each of the resulting subdivided lots will have street frontage equal to or greater than the largest frontage of any nearby existing lot. Said nearby existing lot must:
A. 
Have the same usage as the proposed subdivided lot;
B. 
Front on the same street as the lot to be subdivided, and;
C. 
Be located within two hundred (200) feet of the lot to be subdivided.
[MC 2002-29 § 17:9-32, December 2, 2002]
The maximum height requirements for each zone district shall apply to all structures in all zone districts, with the exception of the following:
A. 
Building appurtenances such as chimneys, church spires, cupolas, belfries, clock towers or flagpoles designed exclusively for ornamental purposes, provided such appurtenances shall not exceed such height requirements for the district in which such is located by greater than ten (10) feet.
B. 
Mechanical appurtenances such as condensers, exhaust fans, elevator housing and other similar equipment provided that if located in nonresidential zones, they do not extend more than ten (10) feet above the maximum height limitation and are suitably screened by structures that are integrally designed with the building or are otherwise rendered not visible from the ground level of adjacent lots and streets.
C. 
Parapet walls not extending more than four (4) feet above the maximum height limitation.
[MC 2002-29 § 17:9-33, December 2, 2002]
Home occupations shall be permitted as an accessory use to any residence in the City, unless otherwise specified below. All such uses shall require an approved development permit prior to commencement of use and are subject to the following provisions:
A. 
Home occupations shall only be permitted provided they do not change the character of the principal residence from a home to a business or change in any way whatsoever the character of the surrounding neighborhood from a residential neighborhood to a commercial neighborhood. Specifically, the characteristics of the home occupation cannot differ from that expected in a residential neighborhood in the following areas of concern:
1. 
The appearance of the premises, including color, materials, construction, or lighting;
2. 
The risk of physical harm to persons or property due to the nature or volume of any materials stored on site;
3. 
The creation of noise, vibration, dust, smoke, odor, glare, radiation or electrical interference;
4. 
The volume and frequency of vehicular or pedestrian traffic.
B. 
No more than one (1) home occupation may be conducted on a lot and it shall not involve more than thirty percent (30%) of the gross floor area of a principal dwelling unit, including the floor area of an attached garage.
C. 
No more than one (1) person other than the occupants of the dwelling may be involved or employed on the premises in the home occupation.
D. 
The home occupation must be conducted entirely within the principal residence and cannot involve outdoor storage or activities.
The home occupation cannot involve commercial vehicles, other than an occasional cartage vehicle for the delivery of materials related to the home occupation to or from the premises.
[MC 2002-29 § 17:9-34, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-27, §§ 14, 15, November 22, 2010]
Private garages on single- and two-family residential lots shall comply with the following provisions:
A. 
The garage must be a fully enclosed detached accessory structure, or a portion of a principal building, used primarily for the storage of no more than two (2) motor vehicles owned or used by the occupant of the principal structure.
B. 
The garage may not contain more than one (1) commercial vehicle with a rated capacity not exceeding eight thousand five hundred (8,500) pounds gross vehicle weight.
C. 
A one (1) car parking garage, not to exceed twelve by twenty-five (12 x 25) feet or three hundred (300) square feet, for a single-family unit, or a two (2) car garage not to exceed twenty-two by twenty-five (22 by 25) feet or five hundred fifty (550) square feet, for a two-family dwelling unit, shall be provided for all residential dwellings.
D. 
A two (2) car garage may be constructed on a single-family dwelling lot provided it does not exceed the above maximum garage size five hundred fifty (550) square feet.
E. 
If a garage is demolished, a new garage must be constructed within one (1) year of the obtaining of a demolition permit.
F. 
New garages constructed on any properties in residential historic districts shall be detached from the residence and located to the rear of the residence.
G. 
Garages shall be set back a minimum five (5) feet to a rear and side yard property line.
[MC 2002-29 § 17:9-35, December 2, 2002; MC 2017-37, December 11, 2017]
Houses of worship shall conform to the following regulations:
A. 
Houses of worship are permitted uses in the Residential R-6, R-7 and R-CA Zones, the Neighborhood Commercial Zone and in the MU Zone. In all other zones, houses of worship shall be conditional uses.
B. 
The minimum lot size for a house of worship shall be five thousand (5,000) square feet.
C. 
The minimum frontage shall be equal to the frontage required in the zone for which the applicant seeks approval.
D. 
The front yard, rear yard and side yard setbacks to the principal structure shall be equal to the setbacks for principal structures in the zone for which the applicant seeks approval.
E. 
Setbacks for structures used for residential purposes accessory to a place of worship shall be equal to setback requirements for other residential uses in the respective zone. If the zone does not permit residential uses, the principal building setbacks under D above shall apply.
F. 
A residence accessory to a house of worship may only be used as a single-family dwelling, unless it is located in a zone where other types of residential uses are permitted.
G. 
Parking lots are not permitted in a front yard except for drop-off and pick-up lanes.
H. 
Adequate on-site parking is to be provided in accordance with the Schedule of Parking Requirements, including for conditional or accessory uses within the principal structure, based on evidence of capacity and use. In no case will the number of required parking spaces for a house of worship be greater than that required for similar public assemblies (community halls, banquet halls, theaters, funeral parlors and gymnasiums) in the same zone.
I. 
An applicant may rely upon an off-site shared parking arrangement to meet a portion of its on-site parking requirement upon evidence of a written signed contract with the owner and operators of the off-site lot enforceable for the duration of the use of the house of worship, and evidence tending to demonstrate the absence of a conflict in parking use on the off-site lot and that the off-site lot is easily accessible and located a convenient walking distance to the house of worship.
J. 
A house of worship may incorporate accessory uses within the principal structure, provided said uses are permitted in the zone district. Where accessory uses are not permitted in the zone district, a use variance shall be required.
K. 
The following design and performance standards shall apply to houses of worship in the same manner as they apply to similar public assemblies in the same zone district for which the applicant seeks approval (e.g., community halls, banquet halls, theaters, funeral parlors and gymnasiums): buffering and screening, fences, walls, lighting, pick-up and drop-off areas, parking lots, refuse and recycling areas, landscaping, shade trees, sidewalks, interior walkways and signage.
L. 
Houses of worship shall comply with Federal, State and local laws and regulations on equal terms with similarly situated property owners, operators and lessees located in historic districts and occupying and/or operating at, in or with historic sites, objects and properties, because of the compelling governmental interest in preserving and enhancing our nation's, State's, and City's history through recognition and preservation of historically significant architecture, places, people and events, as reflected in said federal, state and local laws and regulations.
[MC 2013-15, December 9, 2013]
Large scale retail and entertainment uses as stated in Schedule A shall be permitted in the Light Industrial Zone, and shall conform to the following regulations (MRC-Manufacturing/Retail/Commercial):
A. 
Lot Area. The total lot area must not be greater than 150,000 SF.
B. 
Lot Frontage. Such uses shall not be located on a site with greater than 650' of frontage.
C. 
Distance. Any new MRC use must maintain a distance of 150 feet from any residential zone or property.
[MC 2002-29 § 17:9-36, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007]
A. 
Corner Lots and Through Lots.
Whenever a lot is bounded by more than one (1) street line, the following provisions shall apply:
1. 
All provisions of this chapter with respect to setbacks and all other restrictions and regulations relating to street lines and front yards shall apply to each street line as a front yard. Every corner lot has two (2) front yards.
2. 
For the purposes of determining the rear yard on a corner lot, the interior lot line opposite the street line with the shortest frontage shall be considered to be the rear lot line and any remaining interior lot lines shall be considered side lot lines for the purposes of determining side yards.
3. 
Each lot shall have a rear yard. In an instance of a through lot and in an instance of a corner lot where the frontage is equal, the yard opposite the street address of the property shall be deemed the rear yard.
B. 
Minimum Improvable Lot Area.
1. 
The building envelope on a lot as defined by the minimum yard requirements for the location of a principal building, or, in the case of uses other than single- and two-family residential, the location of an off-street parking lot, or a loading area, shall enclose a contiguous improvable area, as defined herein, which is not less than the minimum improvable area as defined herein which is not less than the minimum improvable area required by Schedule B, "City of Plainfield Bulk Zoning Requirements."
Editor's Note: Schedule B, referred to herein may be found as an attachment to this chapter.
2. 
The contiguous improvable area shall be of such dimensions that it shall be able to contain within it the shape of a circle whose minimum diameter is not less than as prescribed by Schedule B, "City of Plainfield Bulk Zoning Requirements" for the diameter of the minimum improvable area.
Editor's Note: Schedule B, referred to herein may be found as an attachment to this chapter.
3. 
Any existing detached single-family dwelling which is a conforming use but which is on a lot made nonconforming by the provisions of this section, may be enlarged or expanded within its improvable area provided that such expansion conforms to all other zone district regulations.
[MC 2010-27 § 16, November 22, 2010; MC 2013-13, December 9, 2013; MC 2013-14, December 9, 2013]
A mixed-use structure shall contain permitted commercial uses on the first floor and permitted residential or commercial uses on upper floors. A mixed-use structure shall not contain residential uses on the first floor.
[MC 2002-29 § 17:9-37, December 2, 2002; MC 2007-04, Exh. A, June 20, 2007; MC 2013-14, December 9, 2013]
The following provisions shall apply to valid nonconforming uses, structures and lots at the time of adoption of this chapter.
Editor's Note: Ordinance No. MC 2002-29 which adopted this chapter was adopted December 2, 2002 and became effective December 22, 2002.
A. 
A use, building or structure which is lawfully in existence on the effective date of this chapter and becomes nonconforming at the passage of this chapter or any applicable amendment thereto, or which was a legal nonconforming use under prior ordinances, may be continued as otherwise provided in this section.
Editor's Note: Ordinance No. MC 2002-29 which adopted this chapter was adopted December 2, 2002 and became effective December 22, 2002.
B. 
No existing use, structure or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, unless it is changed to a conforming use as follows:
1. 
Any nonconforming structure or use damaged to less than fifty percent (50%) of its previous existing area or value by fire, natural calamity or other cause may be restored, reconstructed or used as before, provided the area of such use or structure shall not exceed the area which existed prior to such damage nor increase the intensity of use. All repairs shall be completed within one (1) year after damages occur, or within such time extensions granted by the Zoning Officer, which can only be granted upon good cause. Such use shall not be rebuilt except as a conforming use.
2. 
Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use or structure and does not increase the intensity of use. Nothing in this section shall prevent the strengthening or restoring to a safe or lawful condition any part of any structure declared unsafe by the Construction Official.
3. 
A building containing residential nonconforming uses may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of bedrooms or dwelling units.
C. 
Nonconforming uses and structures are considered terminated and shall not be revived in any way except as a conforming use or structure in accordance with the following:
1. 
A nonconforming use or structure abandoned in accordance with this chapter and accompanied by an intent on the part of the owner to abandon such use as evidenced by some act or failure to act which carries with it a sufficient implication that the owner neither claims or retains any interest in the subject matter of the abandonment shall be considered a termination thereof. Such implication shall be rebuttably presumed by nonuse for any period of two (2) or more years. Nonuse by successive owners shall be considered continuous nonuse.
2. 
The change of a nonconforming use or structure to a more or entirely conforming use for any period of time shall be considered an abandonment of the previous nonconforming use, and a reversion to the previous nonconforming use shall not be permitted.
3. 
A nonconforming structure or use which has fifty percent (50%) or more of its nonconforming area or value destroyed by fire, natural calamity or other cause shall be considered an abandonment thereof.
D. 
(Reserved)
E. 
A nonconforming structure may not be enlarged, extended, increased in height, width or depth, moved or relocated, modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms; unless such structure is changed to a structure conforming to the requirements of this chapter except that an existing one- or two-family structure may be enlarged, extended or added to provided:
1. 
The enlargement, extension or addition conforms to all zone requirements; or
2. 
The portion of the enlargement, extension or addition which does not conform to zone requirements consist entirely of the enclosure of existing rear porches; or
3. 
The portion of the enlargement, extension, or addition which does not conform to zone requirements is located entirely to the rear of the existing nonconforming structure, has a side yard setback of no less than five (5) feet, and conforms to all other bulk requirements.
Former Section 17:9-37.1, Mixed-Use Structure, previously codified herein was relocated to Section 17:9-36.1 by Ordinance No. MC 2013-13.
[MC 2013-13, December 9, 2013]
A. 
The Approving Authority may require as a condition of approval that a developer contribute a pro rata share for reasonable and necessary off-tract improvements as a result of the proposed subdivision or site plan in accordance with the provisions of this section. Off-tract improvements shall include:
1. 
Street improvements, water, sewer, drainage or other facilities or other improvements that may be subsequently authorized by the Municipal Land Use Law and necessary easements therefor, where the need for the provision of such improvements off-tract is, in whole or part, made necessary by the proposed subdivision or site plan and based on the circulation and utility elements of the Master Plan.
2. 
Off-tract improvements may consist of new improvements or the extension or modification of existing improvements made necessary in whole or in part by the subdivision or site plan.
B. 
Prior to the grant of final approval of any subdivision or site plan and prior to the issuance of any construction permits for any land use requiring subdivision or site plan approval pursuant to the LUO, or for any residence or other use of land on an unimproved street or where any off-tract improvements have not yet been installed, the developer shall pay its pro rata share of the cost of providing any reasonable and necessary off-tract improvements. All payments shall be made in the manner set forth hereinafter, it being the intent of this section that the developer shall bear that portion of the cost of the improvements which bears a rational nexus to the needs created by the subdivision or site plan.
C. 
The approving authority shall review each subdivision and site plan application to determine the need for off-tract improvements and the total cost of such improvements. The approving authority shall determine the proportionate amount that is the responsibility of the developer.
D. 
In cases where the need for any off-tract improvements are required and where the approving authority determines that properties other than the developer's will be benefited by the improvement, the Approving Authority shall forward a report to City Council, containing a list and description of all such improvements, together with its request that the City Council determine, as set forth hereinafter, how the improvements should be undertaken.
E. 
Where the Approving Authority has determined that properties other than the developer's will benefit from the installation of off-tract improvements, and has forwarded a report to the City Council, the City Council shall, within forty-five (45) days, make the following determinations:
1. 
That the recommended off-tract improvement should be undertaken in the manner recommended by the Approving Authority;
2. 
The extent to which the improvement should be constructed by the City as a general improvement or as a local improvement and as part of the capital improvement program.
3. 
The City Engineer shall estimate, with the aid of such City officials or departments or other persons having pertinent information or expertise, the cost of the total improvement and the proportionate share assessed to the developer's property will be specially benefited therefrom.
4. 
Once the City Council has made the determinations described above, the developer shall be required, as a condition of final approval of the development, to provide a combination of performance and maintenance guaranties, cash contributions, developer's agreements and/or other forms of surety permitted by law, to insure payment to the City.
F. 
The amounts of money required pursuant to this section shall be estimated sums, and such amounts shall be redetermined by the City Engineer following completion of all off-tract improvements to ensure that the developer shall pay only its pro-rata share of the cost thereof. In the event that the payment made by the developer is less than its share of the actual cost of the improvements, then the developer shall be required to pay its additional proportionate share of the cost thereof.
G. 
Should the developer pay the portion of the cost of improvements determined to be its pro-rata share under protest, legal action shall be instituted within one (1) year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
H. 
In the event that the developer shall not be required to install the off-tract improvements but is required to pay its pro-rata share of the cost therefor, then in that event there shall be paid to the City the amount of the developer's share of the determined cost of the off-tract improvement. All monies received by the City in accordance with the provisions of this section shall be deposited in an interest bearing account, and such funds shall only be used for improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated within ten (10) years from the date of payment, or other mutually agreeable period of time, all deposited funds shall be returned to the developer, or its legal successor in interest, together with accumulated interest, less ten (10%) percent of accumulated interest for administrative costs. If after reasonable and diligent inquiry, the City is unable to locate the developer or its successor in interest in order to return said funds, then the funds shall be placed in the City's general capital improvement fund and shall not be returnable to the developer thereafter.
I. 
At the time of preliminary approval, the engineer for the Approving Authority, in consultation with the City Engineer, shall determine whether any off-tract improvements are required, based on the circulation and utility elements of the Master Plan. The engineer for the Approving Authority shall prepare a report as to the reasonable and necessary off-tract improvements and the fair share payable by the developer. Payment of the fair share shall be a condition of approval. The developer's fair share of the improvements shall be paid in full prior to the issuance of any construction permits or as otherwise required by the approving authority.
[MC 2002-29 § 17:9-38, December 2, 2002]
Outdoor display of retail merchandise shall be permitted, subject to the following regulations:
A. 
Daily Outdoor Retail Sales. Retail stores and service establishments conducting outdoor retail sales and services shall conform to the following provisions:
1. 
The display of merchandise shall be restricted to products sold by an established permitted use located on the premises.
2. 
The display of merchandise shall be restricted to the regular hours of the business' operation and shall be removed at the close of business each day, with the area swept clean each day.
3. 
The length of the merchandise display shall not exceed more than one-half (1/2) of the width of the street frontage occupied by the business. No portion of the display shall project more than three (3) feet from the building facade and should not encroach into the public right-of-way unless approved by the City Council.
4. 
The retail merchandise shall not be displayed in cardboard boxes, but rather shall be placed either on the sidewalk itself or upon a display table or rack as appropriate to the nature of the merchandise.
5. 
The merchandise may contain additional signage indicating the product(s) displayed and its price. Each additional sign shall not be larger than one (1) square foot, and the total additional signage associated with the outdoor display shall consist of no more than three (3) square feet for each business.
6. 
The display shall be maintained in a neat and orderly manner at all times and will be removed when the merchandise is removed.
B. 
Seasonal Outdoor Retail Sales. Temporary outdoor storage and sales of flowers, trees, and other decorative or ornamental plants is permitted from November 24 to December 27, and for a period of one (1) week prior to Easter and one (1) week prior to Mother's Day and shall conform to the following provisions:
1. 
Such storage and sales may not take place in any required setback area.
2. 
No storage or sales may be conducted in a congested area required sight triangle, or within the public right-of-way, where the free flow of pedestrian or vehicular traffic may be impeded or impaired. The reasonable judgment of any City police officer or the Zoning or Construction Official shall be conclusive as to whether the area is congested or whether the flow of traffic is impeded or inconvenienced.
3. 
No storage or sales area may interfere with an existing required parking lot or loading or access areas. If such storage or sales use is conducted from a parking lot or area, sufficient parking must be demonstrated for both the existing and proposed uses. If a site contains only the minimum number of parking spaces for the existing on-site use, seasonal storage and sales is not permitted.
4. 
Any use of any premises pursuant to this section must be an accessory use to the principal permitted use of the premises.
5. 
All stands, plants, and storage structures are to be removed within three (3) days of the date of the event.
C. 
Fees. All persons wanting to conduct any outdoor sales are required to obtain a permit from the Zoning Officer and must pay the fee required in this chapter. All persons wanting to conduct outdoor seasonal retail sales as outlined in subsection B. above shall also post a one hundred ($100.00) dollar bond with the City Clerk in order to insure that an adequate and timely cleanup is conducted.
[MC 2002-29 § 17:9-39, December 2, 2002; MC 2010-27, §§ 17—19, November 22, 2010]
It is the intent of this section to permit outdoor dining areas accessory to restaurant use subject to approval by a committee consisting of representatives of the Planning, Police, Fire and Health Divisions.
A. 
The area utilized for outdoor dining must be accessory in nature to a fully enclosed eating establishment.
B. 
Applicants proposing to establish outdoor dining areas shall submit to the approving committee a layout of the proposed seating areas, which shall include, but not be limited to a depiction of the maximum size of the area, the maximum number and general layout of seats and tables, all aisles and routes of ingress and egress, clearances between tables and chairs, the location of all food preparation and serving areas, an illustration, rendering and/or photograph of all proposed furniture, umbrellas, awnings and signage and any other site detail the committee deems necessary in order to reach a decision for committee approval. Tables and chairs shall be placed and maintained in an orderly fashion and shall not create a hazard. No picnic style tables are permitted.
C. 
No more than ten to twenty-five percent (10-25%) of total on-site restaurant seating shall be provided outdoors. The actual maximum number of outdoor seats shall be decided by the approving committee during the site plan review process. This number shall be based on the total number of seats, the size of the property, the amount of on-site/available parking, the size of the outdoor area, the recommendations of the City Health Department, and any other health and safety issues the committee deems appropriate.
D. 
The seating contained in an outdoor dining area shall not be counted in determining any parking space requirement for a retail food establishment. Additional parking may be required if seating in excess of the maximum above subsection C is permitted.
E. 
The outdoor dining area must be directly accessible to the interior eating area. Areas that must be accessed via property not controlled by the applicant or property owner are not considered directly accessible.
F. 
All outdoor dining areas shall provide adequate aisle area for the unimpeded passage of handicapped individuals.
G. 
A six (6) foot fence and a minimum five (5) foot width evergreen buffer shall be provided if the outdoor dining area is adjacent to a residential zone or property.
H. 
All service areas shall be inside the enclosed restaurant area. No food or dining shall be prepared in the outdoor dining area. Food and drink served in outdoor dining areas shall be the same as that served in the restaurant.
I. 
All outdoor dining areas shall allow at least six (6) feet of unobstructed access to building entrances and exits.
J. 
No outdoor dining area shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
K. 
All outdoor dining areas shall utilize decorative brick payers throughout the surface area of the designated seating area.
L. 
The applicant shall submit a litter control plan which shall include, but not be limited to, a depiction of the number and location of trash receptacles and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. The applicant is responsible for keeping the area and the adjacent public and private areas free and clear of any debris or litter. Areas must be cleaned as needed and at the time the business is closed for the evening. Failure to abide by an established litter control plan shall constitute a violation of any committee approval, and shall subject the applicant to a fine in an amount not less than one hundred ($100.00) dollars per violation.
M. 
The hours of the outdoor dining area shall be the same as the hours of the retail food establishment.
N. 
The applicant shall not direct or permit to be directed to or from the outdoor dining area any bell, siren, whistle, loudspeaker public address system, radio or similar device.
O. 
Nothing herein shall be construed to authorize outdoor dining areas for uses prohibited by the landowner or by this chapter or other rule or regulation. Nothing herein shall be construed to vary, alter, or amend any rule or regulation relating to the sale and consumption of alcoholic beverages. Alcoholic beverages may be served in outdoor dining areas operated by restaurants having a valid Alcoholic Beverage Control retail consumption license, but only in the licensed area and in accordance with the terms of the license.
P. 
Permits for outdoor cafes shall be valid for one (1) year from the date of issuance of the permit. Applicants receiving committee approval for an outdoor dining area shall obtain a permit each year they wish to continue the area from the City Health Department provided that the operations have not changed and the applicant is in compliance with Health Department standards.
[MC 2002-29 § 17:9-40, December 2, 2002; MC 2010-27, §§ 20—22, November 22, 2010]
It is the intent of this section to permit sidewalk cafe areas accessory to restaurant use subject to approval by a committee consisting of representatives of the Planning, Police, Fire and Health Divisions.
A. 
The area utilized for sidewalk cafe areas must be accessory in nature to a fully enclosed eating establishment.
B. 
Applicants proposing to establish sidewalk cafe areas shall submit to the approving committee a layout of the proposed seating areas, which shall include, but not be limited to a depiction of the maximum size of the area, the maximum number and general layout of seats and tables, all aisles and routes of ingress and egress, clearances between tables and chairs and between the seating area and the street curb, the location of all food preparation and serving areas, an illustration, rendering and/or photograph of all proposed furniture, umbrellas, awnings and signage and any other site detail the committee deems necessary in order to reach a decision for site plan approval. Tables and chairs shall be placed and maintained in an orderly fashion and shall not create a hazard. No picnic style tables are permitted.
C. 
No more than ten to twenty-five percent (10-25%) of total on-site restaurant seating shall be provided outdoors. The actual maximum number of outdoor seats shall be decided by the approving committee during the site plan review process. This number shall be based on the total number of seats, the size of the property, the amount of on-site/available parking, the size of the outdoor area, the recommendations of the City Health Department, and any other health and safety issues the committee deems appropriate.
D. 
The seating contained in a sidewalk cafe area shall not be counted in determining any parking space requirement for a retail food establishment. Additional parking may be required if seating in excess of the above subsection C maximum is permitted.
E. 
The sidewalk cafe area must be directly accessible to the interior eating area. Areas that must be accessed via property not controlled by the applicant or property owner are not considered directly accessible.
F. 
The sidewalk cafe area may only be located in front of the building in which the restaurant operates.
G. 
The sidewalk cafe shall not interfere with pedestrian traffic. All sidewalk cafe areas must allow a minimum of five (5) feet between tables and chairs and the curb in order to allow unobstructed public passage including adequate aisle area for the unimpeded passage of handicapped individuals through the area.
H. 
All service areas shall be inside the enclosed restaurant area. No food or dining shall be prepared in the sidewalk cafe area. Food and drink served in sidewalk cafe areas shall be the same as that served in the restaurant.
I. 
All sidewalk cafe areas shall allow at least five (5) feet of unobstructed access to building entrances and exits.
J. 
No sidewalk cafe area shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
K. 
The applicant shall submit a litter control plan which shall include, but not be limited to, a depiction of the number and location of trash receptacles and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. The applicant is responsible for keeping the area and the adjacent public and private areas free and clear of any debris or litter. Areas must be cleaned as needed and at the time the business is closed for the evening. Failure to abide by an established litter control plan shall constitute a violation of any site plan approval, and shall subject the applicant to a fine in an amount not less than one hundred ($100.00) dollars per violation.
L. 
The hours of the sidewalk cafe area shall be the same as the hours of the retail food establishment.
M. 
No tables, chairs, or other equipment shall be attached, chained, or in any manner affixed to any tree, post, sign, curb or sidewalk or City property.
N. 
All tables and chairs shall be removed when the establishment is closed.
O. 
The applicant shall not direct or permit to be directed to or from the outdoor dining area any bell, siren, whistle, loudspeaker public address system, radio or similar device.
P. 
Nothing herein shall be construed to authorize sidewalk cafe areas for uses prohibited by the landowner or by this chapter or other rule or regulation.
Q. 
Nothing herein shall be construed to vary, alter, or amend any rule or regulation relating to the sale and consumption of alcoholic beverages. Alcoholic beverages may be served in sidewalk cafe areas operated by restaurants having a valid Alcoholic Beverage Control retail consumption license, but only in the licensed area and in accordance with the terms of the license.
R. 
Permits for sidewalk cafes shall be valid for one (1) year from the date of issuance of the permit. Applicants receiving site plan approval for a sidewalk cafe area shall obtain a permit each year they wish to continue the area from the City Health Department provided that the operations have not changed and the applicant is in compliance with Health Department standards.
S. 
Insurance. No permit required by this chapter for a sidewalk cafe area shall be issued until the applicant shall have first filed with the approving committee a comprehensive general liability policy issued to the applicant by a public liability insurance company authorized to do business in the State of New Jersey in the amounts specified. Such insurance shall name the City of Plainfield as additional insured with respect to the operation and maintenance of the sidewalk cafe area in the amounts specified by Corporation Counsel. The insurance coverage required by this section shall at all times be maintained for the full amount, and shall contain a clause obligating the company issuing same to give not less than thirty (30) days written notice to the City Clerk before cancellation or amendments of any of the terms thereof. The cancellation of any such policy shall have the immediate affect of suspending the permit to operate the sidewalk cafe until a new policy complying with the provisions of this section is filed with the approving committee and a new permit is issued by the Health Department.
T. 
Indemnification. No permit shall be issued until a statement is filed with the approving committee agreeing to indemnify and hold harmless the City of Plainfield from any and all claims, damages, judgment costs or expenses including attorney fees, be incurred or required to pay because of any personal injury, damages suffered by any person or persons as a result of or related in any operation and maintenance of the sidewalk cafe for which the permit is issued.
U. 
Revocation or Suspension of Permit. Any permit issued hereunder is issued a revocable permit, and is subject to revocation or suspension by the Zoning Officer or Health Department for failure to comply with this chapter or for violation of any other applicable Federal, State, County or municipal law, regulation or ordinance. It shall be unlawful for any person to operate a sidewalk cafe after the suspension or termination of the applicable permit.
[MC 2002-29 § 17:9-41, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-32, December 20, 2010; MC 2013-13, December 9, 2013]
The purpose of this section is to limit outdoor storage in all zones so such storage will not detract from a neighborhood's or the City's appearance or property values. Outdoor storage as described in this chapter is regulated as follows:
A. 
All outdoor storage is subject to the requirements of the City Property Maintenance Code in addition to this chapter.
B. 
Outdoor storage in residential zones and on residential properties is subject to the following:
1. 
Outdoor storage of any kind or nature except that, which is customarily used in conjunction with, and accessory to residential occupancy, is prohibited in all residential zones and on residential properties. Outdoor storage is not permitted in front yard setbacks. Storage for commercial uses is not permitted in residential zones and on residential properties.
2. 
Parking or storage of non-passenger automobiles of Gross Vehicle Weight Rating (GVWR) of eight thousand five hundred (8,500) pounds or greater is not permitted in residential zones or lots. A maximum of one compliant non-passenger vehicle with a GVWR of less than eight thousand five hundred (8,500) pounds is permitted on residential properties. Vehicles that are actively engaged in on-site activity are exempt from this restriction.
3. 
Commercial vehicles with a GVWR of eight thousand five hundred (8,500) pounds or greater, tractor-trailers, their cabs, and full-length school buses are prohibited from being parked or stored in residential zones and on residential properties. One (1) van-type bus may be parked, but not stored overnight, in residential zones and on residential properties.
4. 
No motor home, camping trailer, boat or recreational vehicle, shall be stored in residential zones and on residential properties unless it is stored in a side or rear yard or in a garage. One (1) such unregistered motor vehicle or inoperable vehicle may be located on a residential property in a garage.
5. 
All outdoor storage, except firewood storage on single- and two-family residential lots, is to be screened by fencing and/or landscape material that will reach a height sufficient to screen all such storage from adjacent residences and public rights-of-way. No outdoor storage, other than vehicular, shall be higher than six (6) feet.
6. 
The amount of outdoor storage that can be located on any lot in any residential zone and on residential properties is to occupy no greater land area than fifty (50) square feet.
C. 
Outdoor storage in nonresidential zones is subject to the following:
1. 
All outdoor storage must be customary and incidental to the principal use of the property. The principal use shall include a permanent structure of not less than four hundred (400) square feet occupied as an office for the management of the outdoor storage and one (1) parking space. No storage can be accessory to a use on another lot, and outdoor storage cannot be the principal use on the property.
2. 
Outdoor storage shall only be permitted in the side and rear yards. All outdoor storage is to be screened by fencing of at least six (6) feet in height, and/or landscape material that will reach and be maintained at a height sufficient to screen such storage from the ground level of adjacent properties and public rights-of-way. No storage, other than vehicular as outlined below, is to be higher than six (6) feet.
3. 
Tractor trailers, buses, automobiles, and other vehicles parked on a premises overnight shall be construed as outdoor storage, and not parking, and shall conform to the provisions of this chapter. Only such vehicles that are licensed, registered, and road worthy and are stored in rows in accordance with the above paragraph shall be considered permitted outdoor storage. No trailers, containers or the like shall be utilized for storage purposes.
4. 
Outdoor storage of hazardous, toxic or explosive materials is prohibited unless required to be located outside by applicable State and local fire and/or building regulations and are located in accordance with those regulations. The City of Plainfield Health, Fire and Police Departments are to be advised in writing of any such storage. All such storage is to be in accordance with local, State, and Federal regulations and performance standards.
5. 
Vehicles stored at auto service stations, auto dealerships, auto repair, and auto body facilities are not subject to above outdoor storage regulations 2 and 3. Vehicular storage at such legally permitted uses is permitted in front yards, subject to the provision of a minimum five (5) feet curbed landscape buffer between the public right-of-way and the vehicles. All vehicles must be stored inside structures or within designated parking/storage spaces. All vehicles stored on site shall be awaiting sale, rent, lease, repair, or pick-up.
[MC 2002-29 § 17:9-42, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-27, §§ 23—25, November 22, 2010; MC 2012-20, November 26, 2012; MC 2013-01, May 13, 2013; MC 2013-13, December 9, 2013]
A. 
No nonresidential driveway shall be located within ten (10) feet of an existing adjacent residential property nor within five (5) feet of any other property line, unless otherwise regulated in this chapter. No residential driveway shall be located closer than two (2) feet from a property line.
B. 
No driveway shall be permitted to serve any use other than the permitted use on the lot upon which the driveway is located.
C. 
No building shall be oriented toward a parking lot. All buildings shall be located to allow for adequate fire and emergency access.
D. 
The minimum setbacks for buildings from driveways and parking areas within the site shall be-five (5) feet. This does not apply for one- and two-family dwellings.
E. 
A parking lot shall be located to the rear of a building and/or the interior of the site where its visual impact to adjacent properties and the public right-of-way can be minimized. Parking lots shall be prohibited in any required side yard setback area or front yard area.
F. 
The total number of off-street parking spaces and loading spaces required for all uses or combination of uses shall be provided as specified in this section. Any building or site containing more than one (1) use shall meet the combined parking space and loading requirements for all uses, based on the area utilized for each separate use. The parking space schedule and loading space schedule in this section represents general parking and loading requirements acceptable to the City. Since a specific use may generate parking usage and/or loading/unloading activities that deviates from the requirements enumerated in this section, documentation and testimony shall be presented to the Board as to the anticipated parking usage and loading activities. The parking requirements for any use not specifically indicated shall be determined by the Board based on evidence presented at the time of the application and based on requirements for similar type uses.
G. 
Driveways for one-car garages shall be a minimum of ten (10) feet wide and a maximum width of twelve (12) feet. Driveways for two-car garages shall be a maximum of twenty (20) feet wide.
H. 
Curb cuts for ten (10) foot wide driveways shall be a maximum of fourteen (14) feet wide. Curb cuts for twenty (20) foot wide driveways shall be a maximum of twenty-six (26) feet wide.
I. 
All driveways and parking areas shall be constructed of a durable and dustless asphalt or cement surface material except that driveways for one- and two-family residential dwellings may be decorative stone or pavers. Road stone and quarry stone are not decorative stone.
J. 
In all zone districts, except the Central Business District (CBD) and the North Avenue Historic District Zones, there shall be provided, at the time that any building or structure is erected, enlarged, increased in capacity or has a change of use, parking spaces in accordance with the requirements of the following schedule.
1. 
Consistent with the principles for TODD, the proximity to and availability of mass transit and the pedestrian orientation of development in the TODD Zones, parking requirements that are otherwise required for the uses set forth in the schedule are modified to reduce and eliminate the number of parking spaces required, with the specific intent of regulating parking through zoning rather than as a design and performance standard. Nevertheless, the concepts for shared parking and use of on-street parking in the Residential Site Improvement Standards are incorporated into the schedule.
2. 
Consistent with the principles for TODN, the proximity to and availability of mass transit and the pedestrian orientation of development in the TODN Zones, parking requirements that are otherwise required for the uses set forth in the schedule are modified to reduce and eliminate the number of parking spaces required, with the specific intent of regulating parking through zoning rather than as a design and performance standard. Nevertheless, the concepts for shared parking and use of on-street parking in the Residential Site Improvement Standards are incorporated into the schedule.
TABLE OF PARKING REGULATIONS
Use
Off-Street Parking Requirements
Residential
Single-family
See RSIS Standards
Two-family
Townhouse
Apartment
Art studio/art gallery
1 space per 300 square feet of gross floor area
Assisted living facility
1 space per 2.5 rooms
Automobile repair shop
1 space per 300 square feet of gross floor area plus 3 spaces per work bay
Automobile service station
1 space per two pumps or 4 spaces, whichever is greater
Automotive body shop
2 spaces per bay and work area
Automotive dealership
2.5 spaces per 1,000 square feet per gross floor area of interior sales space + 3 spaces per service bay
Bank
1 space per 300 square feet of gross floor area
Banquet hall
1 space per 3 persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the design capacity of the structure under BOCA Regulations + 1 space for every two employees on the maximum shift
Bed and breakfast homestay
1 space per guest room + 2 spaces per dwelling unit
Bed and breakfast guesthouse
1 space per guest room + 1 space per employee + 2 spaces per dwelling unit
Car wash
1 space per employee + 5 spaces per washing lane
Childcare facility
1 space per employee but no less than 5 spaces
Community center
4 spaces per 1,000 square feet of gross floor area
Community residence for the developmentally disabled
1 space per employee
Family day care
1 space per employee
Funeral home
1 space per 200 square feet of gross floor area
Health club
1 space per 75 square feet of gross floor area
Home Occupation
1 space per employee + applicable RSIS requirements based on dwelling unit type
Hospital
2 spaces per bed
Hotel
1 space per guest room + 1 space per 2 employees + 1 space per 150 square feet of banquet and conference space
House of worship
1 space per 4 seats; every two and one-half (2 1/2) feet (thirty (30) inches) of a pew measured horizontally shall be considered a seat
Laundromat
1 space per 2 washer and dryer machines
Manufacturing and assembly
1 space per 1,000 square feet of gross floor area
Medical office
1 space per 175 square feet of gross floor area
Nightclub
1 space per 3 persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the design capacity of the structure under BOCA Regulations
Nursery and landscaping facility
No less than 3 spaces plus 1 space per 300 square feet of interior retail
Nursing home
1 space per 3 resident rooms
Office
1 space per 400 square feet of gross floor area
Personal service
1 space per 300 square feet of gross floor area
Research
1 space per 1,000 square feet of gross floor area
Restaurant
1 space per 3 seats
Residential units in all TODD Zones
1 parking space for each dwelling unit
Residential units in all TODN Zones
1 parking space for each dwelling unit
Retail sales and service
1 space per 300 square feet of gross floor area
Senior/Age Restricted Housing
1 space for every three residential dwelling units
Tavern
1 space per 2 seats
Theater
1 space per 3 seats
Veterinary hospital
1 space per 300 square feet of gross floor area
Warehouse & distribution facility
1 space per 2,000 square feet of gross floor area
K. 
For uses not specifically described herein, parking requirements shall be determined by the approving authority during a public hearing. These requirements are considered minimum standards, and parking may be provided in excess of these requirements, but in no case shall the provided parking for nonresidential uses exceed these minimum requirements by more than ten percent (10%). This restriction shall not apply to single- and two-family dwelling units.
L. 
All permitted and required accessory off-street parking spaces shall be located on the same lot as the use to which the spaces are accessory, or upon an adjacent lot in common ownership.
M. 
All loading areas shall be located on the same lot as the use being served. No loading area shall be located in a front yard. There shall be no loading in a yard abutting, or in a public right-of-way. No loading space shall be located within forty (40) feet of an intersection of any two (2) public rights-of-way. The off-street loading space shall be located on the property so as to permit any vehicle to be parked in the loading space with no portion of the vehicle extending into the public street.
1. 
Loading spaces shall be provided and designed as required for all uses in the LUO. Shared loading areas, with shared ingress/egress points and properly recorded shared access easements, are encouraged in order to reduce access points at the public right-of-way. Shared loading areas are subject to approving authority review and approval.
2. 
In all TODN Zones loading spaces shall be provided and designed as required for all uses in the LUO. Shared loading areas, with shared ingress/egress points and properly recorded shared access easements, are encouraged in order to reduce access points at the public right-of-way. Shared loading areas are subject to approving authority review and approval.
N. 
No commercial parking garage or area for twenty-five (25) or more vehicles shall have an entrance or exit for vehicles within one thousand (1,000) feet along the same side of a street upon which is located a school, public playground, house of worship, hospital, public library or institution for dependents or children, except where such property is in another block or on another street on which the zone line does not abut. Such access shall not be closer to the intersections of any two (2) streets than fifty (50) feet. No access drive or driveway shall be located in any residential district to provide access to uses other than those permitted in such residential zone. No driveway shall serve any use other than the permitted use on the lot upon which the driveway is located.
O. 
In all districts, for every building, or part thereof, which is to be utilized for a childcare facility there shall be provided one (1) off-street loading area (pick-up/drop-off) which shall have a minimum dimension of ten (10) feet by twenty-five (25) feet.
P. 
In all zone districts and for all uses except single- and two-family dwellings, parking lots or individual spaces shall be prohibited within front yard areas. The front yard parking permitted accessory to one- and two-family dwellings is only those spaces directly in front of usable garages in accordance with the Residential Site Improvement Standards. No other front yard parking is permitted.
Q. 
Parking spaces are to be a minimum of nine feet by eighteen (9x18) feet.
R. 
Use and occupancy of any structure containing two (2) or more residential dwelling units is subject to and conditioned upon an equitable distribution of off-street accessory parking spaces among those occupying the structure. Use and occupancy is further conditioned upon the property owner providing the tenants of each dwelling unit such parking as approved by the Planning Board or Zoning Board or other approving authority at no additional cost to the tenant. In addition, if parking is included in the rental agreement, such parking as required by the Residential Site Improvement Standards shall be provided. On-site parking shall not be provided to any party other than a resident of said structure, nor shall the parking be used for any purpose other than parking.
S. 
TODD Zones.
1. 
In the TODD/TD Zones, on-site parking spaces for residential units and any other parking that is provided must be on site.
2. 
In all other TODD Zones, on-site parking is not required. Parking requirements and optional parking shall be provided by one of the following options, or a combination of the following options: (1) on-site parking; (2) purchase of long-term parking permits from the City Parking Bureau that must be renewed in order to retain Certificates of Occupancy, in which case the property owner bears the obligation of obtaining the permits and providing them to the tenants; or (3) contribution to a public parking deck.
3. 
Shared parking is encouraged in all TODD Zones and is required for the residential component of all mixed use developments. The methodology to calculate the number of shared parking spaces shall be that found in the most recent publication of the Urban Land Institute Shared Parking or approved equivalent.
4. 
Alternative parking standards to those shown in the Table of Parking Regulations shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.
5. 
The approving authority may reduce the minimum number of parking spaces required where the applicant can demonstrate the following to the Board's satisfaction:
a. 
Variations in the accumulation of vehicles by hour, by day, or by season; or
b. 
Relationships that exist among the land uses that result in visiting multiple land uses on the same auto trip; or
c. 
Another shared parking approach.
6. 
A developer of new commercial and mixed use construction or residential rehabilitation, that requires the provision of parking spaces, may undertake a study, conducted by a transportation planner or engineer, to determine the modal split for travel by its employers and visitors. Based on the expected distribution of travel modes, the approving authority shall determine the parking requirement applicable to the proposed development. The authority can reduce the actual provision of parking spaces by requiring the applicant to pave, construct or pay for, through the parking structure mechanism, only the number of parking spaces determined necessary, based on the agree-upon results of the modal split study.
7. 
Where possible, connections or provisions for future connections to abutting parking lots serving retail or service uses shall be shown on the site plan.
T. 
TODN Zones.
1. 
In the TODN/PSR1 and PSR2 Zones, parking spaces for residential units must be on site.
2. 
In all other TODN Zones, parking requirements shall be satisfied by one of the following options, or a combination of the following options: (1) on-site parking; (2) purchase of long-term parking permits from the City Parking Bureau that must be renewed in order to retain certificates of occupancy, in which case the property owner bears the obligation of obtaining the permits and providing them to the tenants; or (3) adjacent to the property via cross-easements/long-term leases in order to create a seamless shared parking experience for patrons and residents in the area.
3. 
Shared parking is encouraged in all TODN Zones and is required for the residential component of all mixed use developments. The methodology to calculate the number of shared parking spaces shall be that found in the most recent publication of the Urban Land Institute Shared Parking or approved equivalent.
4. 
Alternative parking standards to those shown in the Table of Parking Regulations shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.
5. 
The approving authority may reduce the minimum number of parking spaces required where the applicant can demonstrate the following to the Board's satisfaction:
a. 
Variations is the accumulation of vehicles by hour, by day, or by season; or
b. 
Relationships that exist among the land uses that result in visiting multiple land uses on the same auto trip; or
c. 
Another shared parking approach.
6. 
A developer of new commercial and mixed use construction or residential rehabilitation, that requires the provision of parking spaces, may undertake a study, conducted by a transportation planner or engineer, to determine the modal split for travel by its employers and visitors. Based on the expected distribution of travel modes, the approving authority shall determine the parking requirement applicable to the proposed development. The authority can reduce the actual provision of parking spaces by requiring the applicant to pave, construct or pay for, through the parking structure mechanism, only the number of parking spaces determined necessary, based on the agree-upon results of the modal split study.
7. 
Where possible, connections or provisions for future connections to abutting parking lots serving retail or service uses shall be shown on the site plan.
[MC 2002-29 § 17:9-43, December 2, 2002]
The interior area of all parking lots shall be landscaped to provide visual relief from the undesirable and monotonous appearance of extensive parking areas, and to provide shading that will reduce solar heat gain to both the surface of the parking lot and vehicles parked thereon. Such landscaped areas shall be provided in protected planting islands or peninsulas within the perimeter of the parking lot and shall be placed so as not to obstruct the vision of motorists. The area and types of plantings shall be provided based on the number of parking spaces in the lot, as follows:
A. 
For parking lots with ten (10) spaces or less, no such interior landscaping shall be required if the Board determines there is adequate landscaping directly surrounding the perimeter of the parking lot. If the Board finds that such landscaping is inadequate, then the requirements of subsection B2 below shall apply.
B. 
For parking lots with eleven (11) or more spaces, a minimum of five percent (5%) of the interior area of the parking lot shall be provided with planting islands containing a minimum of one (1) deciduous tree planted for every five (5) parking spaces abutting such island. Planting islands in parking lots shall also conform to the following requirements:
1. 
The minimum width of planting islands shall be five (5) feet on the side of parking spaces ten (10) feet between parking bays. If sidewalks are incorporated through either the long sides of the landscape islands between parking bays or through the landscape islands on the sides of parking spaces, their width shall be added to these requirements.
2. 
No more than eight (8) parking spaces shall be placed in one (1) row of parking without an intervening landscape island.
3. 
Where the parking lot design will result in pedestrians cutting perpendicularly through landscape islands, sidewalks shall be installed at regular intervals across the islands.
4. 
The remainder of any such interior planting areas not containing trees shall be planted with low-growing evergreen shrubs.
5. 
Parking lot lighting may be sited within landscape islands, however, without hindering necessary lighting coverage.
[MC 2002-29 § 17:9-44, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-27 § 26, November 22, 2010; MC 2013-13, December 9, 2013]
Porches and decks shall be permitted on all residential lots as accessory structures. Adequate surveys, plans and details are to be submitted to the Zoning Officer, in accordance with Article I, in order for a determination to be made as to the proposed porch and/or deck zoning conformance. Porches and decks shall require an approved development permit prior to construction, and shall be subject to the following provisions:
A. 
Porches. For all residential structures, porches shall not be located in the required side yard setback area but may be located in the required front or rear yard setback area, provided they do not extend more than eight (8) feet into the front yard setback area. Porches shall not be closer than seventeen (17) feet to the front property line and twenty-two (22) feet to the rear property line. The porch shall be considered a permanent encroachment into the front or rear yard setback of the principal building. The required setbacks shall continue to be measured from the foundation of the principal use. Porch flooring shall be tongue and groove material and not made of structural lumber/pressure treated decking.
B. 
Decks. For residential structures, decks shall not be located in a front yard but may be located in the required side or rear yard, provided they do not extend more than fifteen (15) feet into the rear yard setback area or closer than six (6) feet to the side lot line. Decks are not permitted above the first story level of any structure.
C. 
Steps. Steps for porches and decks shall not be located closer than six (6) feet from the property line.
D. 
Enclosures. Porches and decks shall not be heated or air conditioned and at least fifty percent (50%) of the exterior wall area shall be open and nonglazed.
E. 
For townhouses, apartments and nonresidential uses, decks and porches may not extend into any required yard setback area.
F. 
Upper story structures are not permitted over decks/porches if those decks/porches encroach into required yards.
G. 
No use is permitted above a porch.
[MC 2002-29 § 17:9-45, December 2, 2002; MC 2013-13, December 9, 2013]
The following shall be permitted when located in a yard and/or setback area:
A. 
Fire escapes provided they do not project more than four (4) feet into a yard and they are no closer than two (2) feet to a property line; fire escapes are not permitted in a front yard.
B. 
Weather protecting and energy efficient front door enclosures that project no more than five feet into a front setback area, and are no larger than forty (40) square feet in total area, and provided the principal structure complies with the required front yard setback.
C. 
Ground story bay windows, provided they project no more than two (2) feet into the required yard;
D. 
Cornices, eaves, gutters, bay windows and chimneys, provided they do not project more than eighteen (18) inches from an exterior building wall into any required yard setback, and provided they remain at least two (2) feet from all yard lines;
E. 
Entrance platforms, ramps for the handicapped and steps leading to a basement or first floor, provided they do not project more than four (4) feet into a side or rear yard setback.
[MC 2002-29 § 17:9-46, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; 10-12-2021 by Ord. No. MC 2021-33]
Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by the reason of the deposit, discharge or dispersal of liquid or solid wastes in any form, in a manner or amount so as to cause permanent damage to the sod and stream, or to affect adversely the surrounding area, or by reason of the creation of noise, vibration, electromagnetic or other disturbance, or by reason of illumination by artificial light or light reflection beyond the limits of the lot on, or from which, such light or light reflection emanates, or which involves any dangerous fire, explosive, radioactive or other hazard, or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety, or general welfare, is prohibited in all zones. Any use not expressly permitted in this chapter is prohibited. Rooming houses or boardinghouses are not permitted uses in the City of Plainfield. The keeping and raising of chickens for a noncommercial basis in residential properties is prohibited.
[MC 2002-29 § 17:9-47, December 2, 2002]
Swimming pools, tennis courts and racquetball courts shall be permitted on all lots used as single- and two-family dwellings in residential districts and on any tract developed for apartments or townhouses. Adequate surveys, plans and details are to be submitted to the Zoning Officer in order for a determination to be made as to the proposed fence zoning conformance. Swimming pools, tennis courts and racquetball courts are considered accessory structures, and shall require an approved development permit prior to construction, and shall be subject to the following provisions:
A. 
Location. Swimming pools, tennis courts or racquetball courts shall be permitted in a rear or side yard area.
B. 
Coverage. The surface area of a swimming pool, tennis court or racquetball court shall be considered impervious, unless such court consists primarily of grass or pervious surface, and shall be subject to the applicable bulk requirements set forth in this chapter. Any area paved with concrete, asphalt, brick or other solid surface which functions as a walkway to or completely surrounds a swimming pool, tennis court or racquetball court shall also be considered impervious.
C. 
Setbacks. No part of the surface area of a swimming pool, tennis court or racquetball court, including structures attached thereto, or any pool filtering equipment whether or not such is attached, shall be closer than ten (10) feet to any side or rear lot line. Any impervious area which functions as a walkway to or which abuts a swimming pool, tennis court or racquetball court shall be set back a minimum of three (3) feet from any lot line.
D. 
Fencing. The entire swimming pool, tennis court or racquetball court shall be fenced. Said fence shall be a minimum of six (6) feet in height for swimming pools and shall be a minimum of eight (8) feet in height to a maximum of twelve (12) feet in height for tennis courts and racquetball courts and shall be of such design that it securably controls access to such area. Where such is located on a corner lot and the fence on the side facing the street is nonsolid, that portion of the fence shall be adequately screened with evergreen shrubs not less than four (4) feet in height.
E. 
Swimming Pool Drainage. No swimming pool shall drain into a public sanitary sewer or be located in such a manner that water from the pool or filtering equipment drains onto another property.
[MC 2002-29 § 17:9-48, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-27, § 27, November 22, 2010]
The following regulations shall apply to residential development:
A. 
Dwelling Unit Size. Minimum dwelling unit floor areas based on dwelling unit type shall be as follows:
1. 
Apartments
Dwelling Unit Type
Minimum Floor Area (square feet)
Studio/Efficiency Apartment
500 S.F.
One (1) Bedroom Apartments
750 S.F.
Two (2) Bedroom Apartments
1,000 S.F.
Apartments with three (3) or more bedrooms
1,100 S.F. + 150 S.F. per additional bedroom
2. 
Single-Family Dwelling Units
Zone
Minimum Floor Area (square feet)
R-1
2,500 S.F.
R-2
1,700 S.F.
R-3
1,300 S.F.
R-4
750 S.F.
R-5
750 S.F.
R-6
1,500 S.F.
R-7
1,100 S.F.
R-CA
1,700 S.F.
R-HA
2,500 S.F.
R-VWB
2,500 S.F. (R-1 Zone); 1,700 S.F. (R-2 Zone)
B. 
Elevation. No dwelling unit shall be located below grade, whether fully or partially.
C. 
Number of Dwelling Units per Building. For all townhouse developments, any building shall contain a maximum of six (6) dwelling units. A minimum of four (4) townhouse units must face a public street.
D. 
Single- and Two-Family Development Standards. The following look-a-like provisions/elevation standards shall be used to prepare and review any subdivision for a new single- and/or two-family residential development. The purpose of this section is to encourage construction in character with the existing residential neighborhood and to encourage construction that is diverse and aesthetically pleasing.
1. 
No dwelling unit shall hereafter be constructed in any residential zone which shall be like or substantially like any neighboring dwelling as hereinafter defined, in more than two (2) of the following six (6) respects:
a. 
Height of the main roof ridge above the elevation of the first floor;
b. 
Length of the main roof ridge;
c. 
Width between outside walls at the ends of the dwelling under the main roof perpendicular to the length thereof;
d. 
Relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the dwelling in the front elevation;
e. 
Relative location of windows in the front elevation;
f. 
The materials used in the front elevation.
For subparagraphs a, b, c and d above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than six (6) feet.
For subparagraph e above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than three (3) feet.
For subparagraph f above, dwellings shall be deemed to be like each other if the difference between materials used is not more than thirty-five percent (35%) of the facade area.
Dwellings between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in relative location of such elements.
2. 
For the purposes of this section, a neighboring dwelling, as stated above is defined as any principal dwelling on any lot which is located as follows in relation to the subject lot:
a. 
Any lot which is within one-hundred (100) feet, or three (3) lots, whichever is greater, and along the same side of the street as the subject lot, without regard to intervening street lines.
b. 
Any lot, which is directly across said street from the subject lot or from a lot referenced in the above paragraph.
3. 
The main entrance into all single-family detached residential dwellings and the first floor of all two-family dwellings shall be located within the front elevation of all residential structures. Side yard main entrances are prohibited. Main entrances of structures on corner lots may be from either elevation facing the street. No utility meters or other utilitarian improvements that detract from the appearance of the front elevation shall be located on the front elevation of a residential structure.
[MC 2002-29 § 17:9-49, December 2, 2002; MC 2017-06, February 13, 2017]
A. 
Satellite Dishes and Antennas Under One (1) Meter in Size. It is the purpose of this subsection to allow satellite dishes and antennas one (1) meter in size or less in accordance with Federal Communications Commission (FCC) regulations, subject to the following regulations:
1. 
The preferred location of any satellite dish shall be in the side or rear yard, not visible from the street, unless the placement in the rear yard would unreasonably delay or prevent, or unreasonably increase the cost of installation, maintenance or use of such satellite dish or preclude the reception or transmission of an acceptable quality signal;
2. 
Installation of equipment that is merely duplicative and not necessary for the reception of video programming is prohibited;
3. 
Where the satellite dish is located on or immediately adjacent to the residence, the satellite dish shall be painted to blend with the color of the residence, unless painting the satellite dish would result in voiding the manufacturer's warranty, would unreasonably delay or prevent, or unreasonably increase the cost of installation, maintenance or use of such satellite dish or preclude the reception or transmission of an acceptable quality signal; and
4. 
Where the satellite dish is not attached to or immediately adjacent to the residence, the owner shall take reasonable measures to screen or camouflage the satellite dish from view by the installation of shrubbery or other screening measures that do not unreasonably delay or prevent, or unreasonably increase the cost of installation, maintenance or use of such satellite dish or preclude reception or transmission of an acceptable quality signal.
B. 
Satellite Dishes and Antennas Over One (1) Meter in Size. It is the purpose of this subsection to allow satellite dishes and antennas, over one (1) meter in size, in accordance with Federal Communications Commission (FCC) regulations, but only in locations that will not detract from neighborhood or community appearance or value and provided they are structures accessory to a principal use. Satellite dishes and antennas shall be permitted in any district and require an approved development permit prior to construction. Satellite dishes and antennas are subject to the following regulations:
1. 
Satellite dishes and antennas may be located on roofs, but cannot exceed the height limitations in any zone. Satellite dishes in residential zones shall be no larger than three (3) feet in diameter, and satellite dishes in nonresidential zones shall be no larger than six (6) feet in diameter.
2. 
All satellite dishes and antennas must comply with FCC regulations, and installers or property owners must provide such proof to the Zoning Officer.
3. 
Satellite dishes and antennas shall not be located in a front yard nor be visible from the public right-of-way. They can be located in side and rear yards in compliance with applicable principal building setback requirements. The yard setback refers to the outside dimension of the structure, not the central location.
4. 
All satellite dishes and antennas shall be wire mesh and/or painted in earth tone colors in order to reduce their visibility. All satellite dishes and antennas shall be located and screened by fencing or landscaping sufficient to screen them from view to the maximum extent possible that would not impair reception.
5. 
No more than one (1) satellite dish/antenna shall be installed on a lot in the residential zones, and no more than two (2) shall be installed on lots in nonresidential zones.
[MC 2006-37 Sched. I, November 22, 2006]
Senior centers are permitted in the CBD: Central Business District and the MU: Mixed Use Districts provided conformance with the following standards:
A. 
Senior centers may be constructed as a stand-alone use occupying the entirety of a building, or in the alternative, may occupy a portion of a building otherwise utilized for residential use.
B. 
Development of senior centers is restricted to parcels having frontage on roadways classified as, or having the characteristics of, minor arterials.
C. 
Area and Bulk Requirements:
1.
Minimum Lot Area
1 acre
2.
Maximum Density
50 dwelling units/acre
3.
Minimum Lot Width
150 feet (measured at arterial roadway right-of-way; 50 feet at all other roadways, if abutting)
4.
Minimum Lot Depth
200 feet
5.
Minimum Front Yard Setback
0 feet
6.
Minimum Side Yard Setback
10 feet adjacent to residential; 5 feet adjacent to commercial
7.
Minimum Rear Yard Setback
5 feet (except ingress/egress stairs can encroach into the rear yard provided at least a 3-foot setback is maintained)
8.
Maximum Floor Area Ratio
3.5
9.
Maximum Percent Building Cover
75%
10.
Maximum Percent Total Lot Cover
90%
11.
Minimum Number of Stories
3
12.
Maximum Number of Stories
5
13.
Maximum Building Height
65 feet (Measured from the average elevation of the existing grade elevations found at the building corners)
14.
Minimum Improvable Area
32,000 square feet
15.
Minimum Buffer Width When Abutting Residential Use
5 feet (except ingress/egress stairs can encroach into the buffer provided at least a 3 foot buffer is maintained)
16.
Minimum Driveway, Parking Area Buffer
5 feet
17.
Minimum Driveway Setback From Residential Use
5 feet
18.
Parking Stall Number
Four (4) stalls per 1,000 square feet of floor area dedicated to activity use where stand alone development is proposed. Where mixed use development is proposed, 1.5 stalls per dwelling unit. Shared parking to accommodate the needs of the nonresidential component is permitted provided each residential unit will have at least one dedicated parking space at all times.
[MC 2004-37, December 20, 2004; MC 2013-13, December 9, 2013]
A. 
No person shall operate a sexually oriented business within one thousand (1,000) feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal or County playground or place of public resort and recreation, or any hospital or any child care center, or within one thousand (1,000) feet of any area zoned for residential use. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section where another sexually oriented business, an elementary or secondary school or school bus stop, or any municipal or County playground or place of public resort and recreation, or any hospital or any child care center, is subsequently established within one thousand (1,000) feet, or a residential district or residential lot is subsequently established within one thousand (1,000) feet.
B. 
Buffer Zone. Every sexually oriented business shall be surrounded by a perimeter buffer of at least fifty (50) feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. The municipality may, by ordinance, require the perimeter buffer to meet additional requirements or standards. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section.
C. 
No sexually oriented business shall display more than two (2) exterior signs, consisting of one (1) identification sign and one (1) sign giving notice that the premises are off limits to minors. The identification sign shall be no more than forty (40) square feet in size.
[MC 2013-14, December 9, 2013]
A. 
Plant Placement. Shade trees shall be planted at intervals of forty (40) feet along a right-of-way and a minimum of three and one-half (3.5) feet inside the sidewalk, on or near the right-of-way line or, if such location is not possible, in the planting strip between the curb and the sidewalk, a minimum of two (2) feet from the curb. In rights-of-way where existing shade trees are consistently located at a certain location so as to form a line parallel to the street, shade trees may be placed to continue this pattern.
B. 
If determined by the Shade Tree Commission and City Engineer that physical conditions within the City right-of-way do not allow the safe and effective planting of the required trees, the City Land Use Boards, may upon recommendation of the Commission and City Engineer, require an applicant to make a cash contribution or obtain permission to plant trees at other locations to the Plainfield Shade Tree Fund to be used solely for the planting and preservation of trees. In arriving at the determination of such number of trees and the cash contribution, the Board shall take into consideration the above recommendations. The costs of any experts hired for this purpose shall be borne by the applicant. The cash contribution per tree shall be the estimated cost of purchasing and planting if it were to be planted on the site.
[Added 4-8-2024 by Ord. No. MC 2024-17; amended 7-8-2024 by Ord. No. MC 2024-38]
[Added 4-8-2024 by Ord. No. MC 2024-17; amended 7-8-2024 by Ord. No. MC 2024-38]
An ordinance to establish requirements for tree removal and replacement in the City of Plainfield, reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[Added 4-8-2024 by Ord. No. MC 2024-17; amended 7-8-2024 by Ord. No. MC 2024-38]
For the purpose of this Section 17:9-49D, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this ordinance clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" means the requirement is always mandatory and not merely directory.
APPLICANT
Any "person," as defined below, who applies for approval to remove trees regulated under this Section 17:9-49D.
CRITICAL ROOT RADIUS (CRR)
The zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a six-inch DBH would have a CRR = 6" x 1.5' = 9'.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a mature tree generally measured at a point four and one-half feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the four-and-one-half-foot height, the DBH shall be measured at the highest point before any division.
HAZARD TREE
A tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. [Municipalities may choose to require a Licensed Tree Expect to make all Hazard tree determination]
(a) 
Has an infectious disease or insect infestation;
(b) 
Is dead or dying;
(c) 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
(d) 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
(e) 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or Licensed Tree Expert (LTE).
PERSON
Any individual, resident, corporation, utility, company, partnership, firm, or association.
PLANTING STRIP
The part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
RESIDENT
An individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this Section 17:9-49D is removed or proposed to be removed.
STREET TREE
A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or 10 feet from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
TREE
A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
TREE CALIPER
The diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
TREE REMOVAL
To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
[Added 4-8-2024 by Ord. No. MC 2024-17; amended 7-8-2024 by Ord. No. MC 2024-38]
(a) 
Application Process.
(1) 
Any person planning to remove any non-street tree with DBH of six inches or more on their property shall submit a Tree Removal Application to the Zoning Officer. No non-street tree shall be removed until municipal officials have reviewed and approved the removal. All Tree Removal Applications shall require that tree survey be submitted as part of the application to determine number, sizes, and exemptions of trees for the assessment of fees. Applicants will be subject to an application fee as per the Tree Replacement Requirements Table below.
(2) 
Any person planning to remove a street tree, as defined as tree removal, shall submit a Tree Removal Application to the Zoning Officer. No street tree shall be removed until municipal officials and the Shade Tree Commission have reviewed and approved the removal.
(b) 
Tree Replacement Requirements.
(1) 
Any person, who removes one or more non-street tree(s), as defined as tree removal, with a DBH of 6" or more per acre, unless otherwise detailed under subsection 17:9-49D.4, shall be subject to the requirements of the Tree Replacement Requirements Table.
(2) 
Replacement tree(s) shall:
(A) 
Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the Tree Replacement Criteria in the table below;
(B) 
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
(C) 
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and
(D) 
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
Tree Replacement Requirements Table
Category
Tree Removed
(DBH)
Tree Replacement Criteria
Application Fee
1
6" (for non-street trees) to 12.99"
Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed
$75
2
DBH of 13" to 22.99"
Replant 2 trees with minimum tree calipers of 1.5" for each tree removed
$100
3
DBH of 23" to 32.99"
Replant 3 trees with minimum tree calipers of 1.5" for each tree removed
$150
4
DBH of 33" or greater
Replant 4 trees with minimum tree calipers of 1.5" for each tree removed
$175
(c) 
Replacement Alternatives.
(1) 
If the municipality determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:
(A) 
Plant replacement trees in a separate area(s) approved by the municipality.
(B) 
Pay a fee of (amount to be set by municipality) per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.
[Added 4-8-2024 by Ord. No. MC 2024-17; amended 7-8-2024 by Ord. No. MC 2024-38]
All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the municipality by all persons claiming an exemption. All persons claiming and exemption shall submit at least one statement from an NJ licensed tree expert as per NJ Statute 45:15C-11 or arborist.
1. 
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
2. 
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality;
3. 
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
4. 
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean up, or NJDEP approved habitat enhancement plan;
5. 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
6. 
Hazard trees may be removed with no fee or replacement requirement;
7. 
Any street tree removed by official action taken by the Shade Tree Commission.
[Added 4-8-2024 by Ord. No. MC 2024-17; amended 7-8-2024 by Ord. No. MC 2024-38]
This Section 17:49D shall be enforced by the Zoning Officer during the course of ordinary enforcement duties.
[Added 4-8-2024 by Ord. No. MC 2024-17; amended 7-8-2024 by Ord. No. MC 2024-38]
Any person(s) who is found to be in violation of the provisions of this Section 17:49D shall be subject to a fine of $1,600 per violation committed.
[MC 2002-29 § 17:9-50, December 2, 2002; MC 2013-14, December 9, 2013]
All lots shall have private walkway access to a public sidewalk in the right-of-way. Property owners are required to contact the Plainfield Division of Engineering and obtain a street opening permit prior to removal of any sidewalk in the public right-of-way. Sidewalk replacement/reconstruction in historic districts is subject to Section 17:10-4. Where bluestone, slate, or other non-concrete sidewalk slabs are to be replaced with concrete, property owners shall contact the Department of Public Works for reutilization.
[MC 2002-29 § 17:9-51, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-16 § 3, July 7, 2010; MC 2013-13, December 9, 2013; MC 2013-14, December 9, 2013; amended 11-19-2018 by Ord. No. MC 2018-24]
A. 
Purpose.
1. 
It is not the purpose or intent of this section to regulate the content displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purposes of this section are to:
a. 
Protect the public health, safety and welfare;
b. 
Regulate the size, height, number, location, type, illumination and other physical characteristics of signs in order to promote the public health, safety and welfare, and specifically the preservation of aesthetics and property values, by encouraging signs that will create a desirable visual environment through creative yet orderly design arrangements relating sign assemblage to structural facades;
c. 
Incorporate Design Standards into this article and section;
d. 
Promote traffic safety by ensuring that signs do not increase the probability of vehicle crashes by distracting attention or obstructing vision of drivers, bicyclists or pedestrians and other sidewalk, transit and roadway users;
e. 
Allow signs that aid orientation, identify activities and events, describe local history and character or serve other educational purposes as an attractive part of the built environment rather than an intrusion upon it;
f. 
Minimize or eliminate adverse or nuisance effects of signs on adjacent public and private property and protect privacy;
g. 
Encourage replacement of preexisting nonconforming signs and abandoned signs with signs that conform to this article and section and the Design Standards;
h. 
Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City, including the replacement of nonconforming signs with conforming signs.
2. 
A certain document, entitled "Plainfield Signage Design Standards," three copies of which are on file in the office of the Clerk, is hereby adopted and incorporated into this section as if fully repeated herein, which, together with this section, shall control signs as herein provided.[1] Each and every aspect of the Plainfield Signage Design Standards shall have the same force and effect as every other part of this section. Nonmaterial additions, insertions, deletions and changes, if any, to the Design Standards, such as titles, definitions, and photographs, may be made by the Planning Board by resolution with a copy provided to City Council and the Mayor; material changes shall be adopted by ordinance by City Council in the usual course of ordinance adoption.
[1]
Editor's Note: The Plainfield Signage Design Standards are included as an attachment to this chapter.
B. 
Definitions.
1. 
See § 17:1-6 (reference where to find definitions in the LUO).
2. 
As used in this section, the following terms shall have the meanings indicated:
APPURTENANCE
A subordinate part or adjunct of a sign which is affixed to land or a building or other structure.
AWNING
Any structure with a frame attached to a building or other structure which can be raised to a closed position against the building or structure.
BANNER
A sign made of fabric or other nonrigid light material, with or without frames.
BILLBOARD
A sign having one or two sides, which directs attention to anything except the business or function offered upon the premises where the sign is located. See also "off-premises sign."
BUNTING
A lightweight, loosely woven fabric used chiefly for flags and festive decorations.
CANOPY
Any structure, other than an awning or marquee, made of cloth, plastic, metal or other substance and providing a permanent roof-like shelter over a public or quasi-public right-of-way.
CHANNEL LETTER
A fabricated or formed three-dimensional letter that may accommodate a light source.
FACADE
The exterior portion of a building exposed to public view. When calculating the total area of a facade for sign purposes, the facade is the total frontage of a property multiplied by the first-floor height. When the first floor on a multistory building is not architecturally delineated, that height shall be no greater than 14 feet.
FLOOD AWNING
An awning that is greater in vertical height than horizontal width.
GRADE
Grade shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final grade for sign height computation.
MARQUEE
A permanent, roof-like structure extending from part or all of a building or other structure over a public or quasi-public right-of-way and constructed of some durable material, such as metal, glass or plastic.
PENNANT
A triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles, intended to flap in the wind.
SIGN
Any device, structure, fixture, painting, form (whether fixed or flexible) or visual image using words, graphics, symbols, numbers, or letters designed and used for the purpose of communicating a message or attracting attention.
SIGN ALTERATION
The enlargement, extension or relocation of an existing sign or support structure.
SIGN AREA
The entire area within a contiguous perimeter enclosing the limits of a sign and including the frame of the sign, but not including structural elements outside the limits of such sign, which do form an integral part thereof.
SIGN FACE
The area or display surface used for the message.
SIGN RESTORATION
The routine maintenance and painting of existing, approved signs that does not change the approved design or increase the total sign area.
SIGN SUPPORTING STRUCTURE
All frames, glass or other coverings, gooseneck arms, light bulbs, lights, shields, shades, reflectors, supports, brackets, braces, screws, bolts, fastenings or other items or devices which constitute a part of the appurtenance, support system, and frame for any sign, of any kind or nature, awning, canopy or marquee.
SIGN, ABANDONED
A sign which identifies or advertises a discontinued business, lessor, owner, product, or activity.
SIGN, AIR-INFLATABLE
An air- or gas-filled or constant-fan-inflated sign, symbol or figure.
SIGN, ANIMATED
A sign that uses movement or change of lighting to depict action or the illusion of movement or to create a special effect or scene, or to change effects, scenes or messages.
SIGN, AWNING
A sign that is painted, attached to or part of a roof-like structure, covering or extending over a walkway, sidewalk, or exterior place, supported by a frame attached to a building and/or the ground, with a surface made of fabric or a more-rigid material, and which can be retractable.
SIGN, BALLOON
A sign consisting of a bag made of lightweight material supported by helium or hot or pressurized air which is greater than 24 inches in diameter.
SIGN, BANNER
A temporary lightweight sign that is attached to or imprinted on a flexible surface that deforms under light pressure and that is typically constructed of nondurable materials, including, but not limited to, cardboard, cloth, and/or plastic.
SIGN, BLADE
A vertically oriented wall sign that projects from the facade of the building to which it is attached.
SIGN, BUILDING CANOPY
A covering, usually of fabric, supported on poles stretching from the doorway of a building toward or to a public right-of-way, with an address imprinted on one or both long sides of the canopy, or on the front (street-facing) side of the canopy.
SIGN, CANOPY
Any sign that is part of or attached to any structure, other than an awning or marquee, made of cloth, plastic, metal or other substance, that provides a roof-like shelter over a public or quasi-public right-of-way.
SIGN, CONTRACTOR
A temporary sign that identifies the tradesperson of a specific improvement on the property for which the improvement is being made.
SIGN, DIGITAL DISPLAY
An on-premises sign, or portion thereof, that displays electronic static images, static graphics and/or static texts. Such a sign has the capability of being changed or altered by electronic means on a fixed display screen composed of electronically illuminated segments and/or a series of grid lights, including light emitting diode (LED), cathode ray, plasma screen, liquid crystal display (LCD), fiber optic, light bulbs or other electronic media or technology.
SIGN, DIRECTORY
A ground or wall sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.
SIGN, FLASHING
A sign, including the perimeter of a sign, the illumination of which is not kept constant in intensity at all times.
SIGN, FREESTANDING
A single- or double-faced sign supported by one or more uprights, posts, or bases affixed to the ground and not attached to any part of a building. Types of freestanding signs include monument, pylon, and post signs.
SIGN, GROUND
Any sign, other than a freestanding sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.
SIGN, ILLUMINATED
A sign having characters, letters, figures, designs or outlines illuminated by electric light or luminous tubes as a part of the sign.
SIGN, INDIRECTLY ILLUMINATED
An illuminated, nonflashing sign whose illumination is derived from an external artificial source and is so arranged that no direct rays of light are projected from the artificial source into an area where anyone resides or into any public street or public way. Indirect illumination is not enclosed within the framing of the sign.
SIGN, INTERNALLY ILLUMINATED
A sign with a light source within it which provides the illumination.
SIGN, MARQUEE
A sign mounted on a permanent, roof-like structure extending from part or all of a building or other structure over a public or quasi-public right-of-way and constructed of durable material.
SIGN, MONUMENT
A single- or multi-faced freestanding sign, not attached to a building, with an upright base extending from the ground.
SIGN, NEON
A sign made of tubes containing neon (or other gas) that glows when subjected to electric voltage applied to electrodes at the ends of the tubes.
SIGN, OFF-PREMISES
A sign that is located on property that is not the premises or property of the use identified or advertised in the sign; also known as a "third-party sign," "billboard," or "outdoor advertising."
SIGN, OFFICIAL
Any sign, symbol, or device erected and maintained by a federal, state, county or local government agency for the purpose of informing or guiding the public; or for the protection of the health, safety, convenience or general welfare of the public.
SIGN, ON-PREMISES
A sign that is located on property that is the premises, property or site of the use identified or advertised in the sign.
SIGN, PERMANENT
A sign attached to a building or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite.
SIGN, PERMITTED NONCONFORMING
A sign that was legally erected and maintained prior to the adoption, revision or amendment of an ordinance regulating signs but which fails to conform to the sign regulations by reason of such adoption, revision or amendment.
SIGN, POLITICAL
A sign identifying or referencing a political campaign, vote, election, event, referendum, party, political affiliation, cause or candidate, or having any communication relating to any issue whatsoever, including the physical and/or electronic location thereof.
SIGN, PORTABLE
A sign that is not securely affixed to the ground or otherwise affixed in a permanent manner to a building or other structure.
SIGN, PROJECT DEVELOPMENT
A temporary sign intended to identify a development project under construction, which may include the project name, general contractor, architect and prime real estate agent.
SIGN, PROJECTING
A sign that is wholly or partly dependent on a building for support and that projects more than nine inches from such building and is generally perpendicular to the building fascia, excepting signs located on a canopy, awning, or marquee. Types of projecting signs include blade signs.
SIGN, PUBLIC PURPOSE
A sign designed to promote the public health, safety and welfare, including, but not limited to, official government notices, government signs, signs to control and direct traffic on public streets, street identification signs, and signs erected by public utility companies to warn of dangerous or hazardous conditions.
SIGN, PYLON
A freestanding sign supported and placed upon poles or standards for support.
SIGN, READER BOARD
A temporary, portable sign that incorporates changeable lettering and is intended primarily for advertising or announcement purposes.
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises, or a portion thereof, on which the sign is located.
SIGN, RESIDENTIAL DEVELOPMENT
A sign identifying a residential major subdivision, condominium, apartment or townhouse complex, and located entirely on the property which it is identifying.
SIGN, RESIDENTIAL NAMEPLATE
A wall sign permitted for the sole purpose of identifying the inhabitant residing therein, the house name and/or identifying the address of the house.
SIGN, ROOF
A sign that is mounted on the roof of a building or is wholly dependent on a building for support, and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof.
SIGN, SIDEWALK
A temporary, moveable, nonilluminated sign located within the public right-of-way that is not permanently affixed to a wall, structure or to the ground.
SIGN, SUSPENDED
Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface.
SIGN, TEMPORARY
A sign designed to be moved periodically or displayed for a limited and comparatively short period of time only, without a foundation, footing or similar permanent underground anchoring system, and signs mounted on wheels. A temporary sign shall be construed to be the same temporary sign despite modifications to the location or message of such sign during the period the sign is displayed.
SIGN, TRAFFIC CONTROL
A permitted sign for the purpose of identifying private parking areas and directing the flow of traffic on private property.
SIGN, VEHICLE
Any sign exceeding ten (10) square feet in area mounted, painted, placed on, attached or affixed to a trailer, watercraft, truck, automobile or other form of motor vehicle so parked or placed so that the sign thereon is discemable from a public street or right-of-way as a means of communication and which, by its location, size and manner of display, is reasonably calculated to exhibit commercial advertising of a business, product, service, function or other activity, or to supply directional information to an off-site business. A vehicle sign is a vehicle that functions primarily as a sign rather than as a transportation device, as determined by consideration of any of the following factors:
a. 
The absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed;
b. 
The vehicle on which the sign is displayed is inoperable, as defined by this City Code;
c. 
The vehicle on which the sign is displayed is not parked in a lawful or authorized location or is on blocks or other supports or is parked in a manner that is not in conformity with the identified parking space on the lot;
d. 
The vehicle on which the sign is displayed is not regularly used for transportation associated with the use it advertises;
e. 
The vehicle remains parked on the premises after normal business hours when customers and employees are not normally present on the premises; or
f. 
The vehicle remains parked in the same vicinity of the property in a location which maximizes its visibility from the public street or right-of-way on a regular basis.
SIGN, WALL
A sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the face of the wall and not projecting more than nine (9) inches from such surface.
SIGN, WINDOW
A sign which is applied, painted, hung, affixed or attached to the interior or exterior of a window or otherwise part of a window or located within 18 inches of the interior of the window and which can be seen from a public street or public parking facility.
C. 
General standards.
1. 
The Sign Design Standards which are adopted separately are specifically incorporated herein by reference and made a part of this article and section.[2]
[2]
Editor's Note: The Plainfield Signage Design Standards are included as an attachment to this chapter.
2. 
Any sign not expressly permitted by this section is prohibited.
3. 
Material. Signs shall be constructed of durable materials, maintained in good condition and not allowed to deteriorate or become dilapidated. All signs, together with all supports, appurtenances, braces, anchors and other parts, shall be kept in continual repair, including cleaning, painting, replacing of defective parts and otherwise maintaining a presentable condition. Lack of proper maintenance shall be considered abandonment and is subject to removal upon notification by the Zoning Officer or Construction Code Official.
4. 
Appurtenances and supporting structures. Notwithstanding the restrictions found elsewhere in this article concerning sign shape and area, sign appurtenances and sign supporting structures shall be permitted only when designed as an integral part of the sign, constructed of similar materials, and graphically compatible in color, shape, position, and scale with the permitted sign face. Sign appurtenances and supporting structures shall not increase the proposed sign area by greater than 15%. Sign appurtenances and sign supporting structures shall not extend above or below the sign face by more than 25% of the sign face height and shall not project outward beyond the face of the proposed sign.
5. 
Setback. The sign setback shall be measured from the property line to the nearest part of the sign, including any appurtenance, supporting structure, base, frame or decorative elements.
6. 
Height. Sign height shall be measured between the grade immediately below the sign and the highest point of the highest element of the sign. Wall signs shall not project above the top or beyond the ends of the wall surface upon which they are placed, nor shall wall signs be placed on a parapet or similar architectural device such that the sign would project above the elevation of the roof behind such parapet or other device.
7. 
Area. Sign area shall be computed by determining the total area of any signboard, sign face or sign background at its largest horizontal and vertical dimensions, including framing, trim or molding, and the area of the appurtenance or other sign supporting structure, regardless of whether the framing, trim, molding, support structure, or appurtenance conveys a message or any part of the message on the sign. Where there is no framing, the sign area shall be deemed to be the area of the smallest rectangular figure that can encompass all of the figures and their supporting logos or elements, if any. For double-faced signs, only one display face shall be measured in computing the total sign area where the sign faces are parallel, or where the interior angles formed by the faces are 45° or less. The maximum area for a window sign is 25% of the window.
8. 
Projections. No wall sign may project from the outer face of a wall or extend over any public right-of-way more than nine inches unless otherwise provided for in this article. Any wall sign which projects more than nine (9) inches from the outer wall face shall be considered a blade sign and must conform to all applicable provisions for blade signs set forth in this article. An awning is not a wall sign.
9. 
Alterations. Any sign alteration, except those specified in § 17:9-51C.1, and nonstructural maintenance and/or repairs, requires conformance to all requirements of this article, except as provided in Subsection H, entitled "Preexisting nonconforming signs."
10. 
Illumination. Signs, including channel letter signs, may be spotlighted or backlighted from the rear with a diffused light source, unless such illumination is specifically prohibited elsewhere in this section. Individual letters/numbers/symbols forming a sign are permitted to have internal illumination; internally illuminated box signs (internally illuminated boxes that are larger than the individual letters and illuminate anything other than individual letters/numbers/symbols) are not permitted. All illumination shall be subject to the following.
a. 
All lighting sources shall be completely shielded from the view of vehicular traffic.
b. 
Such illumination shall not project light above the highest elevation of the front wall of the building for wall-mounted signs or more than five feet above ground level for freestanding signs.
c. 
Backlighted signs shall not have a white or light-colored background or signboard.
d. 
Where a sign is located on a lot adjacent to a lot used for residential purposes, it shall not permit any light to shine into or onto adjacent or upper-story residential uses or to cause a nuisance to the adjacent residential use.
e. 
No illuminated sign located on a lot adjacent to or across the street from any residential district and visible from such residential district shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m., unless the use to which the sign pertains is open for business during those hours. Neon signs shall not be illuminated after 9:00 p.m.
f. 
All wiring for permanent illuminated signs shall be installed and maintained so that it is not within public view. The running of wiring or conduit along the exterior wall of a building to access a sign is specifically prohibited unless, in the judgment of the Construction Official, there is no practical way to run the conduit so that it is not within public view.
g. 
No illuminated sign shall be of such a color or located in such a manner as to be confused with, or to diminish or detract in any way from, the effectiveness of any traffic signal or similar official safety or warning device or public purpose sign.
h. 
Digital display signs shall be limited to nonresidential zone districts and limited to one per site. Digital display signs shall have a minimum duration of eight seconds for each message displayed on the screen; only one message may be displayed per screen. The transition (dwell) time between messages shall be one second or less, without any special effects such as visual dissolve, fading, flashing or video.
11. 
Ground-floor uses having a side or rear facade fronting on a parking lot shall be permitted to have one additional sign on the facade of the building facing the parking lot, provided that such sign meets all of the standards of this article and the Design Guidelines.
12. 
Ground-floor uses located on corner lots having a second facade fronting on a public street shall be permitted to have one additional sign on the building facade facing the second street, provided that such sign meets all of the standards of this article and the Design Standards.
13. 
Second-floor uses. Window signs may be utilized for permitted upper-floor commercial occupancies.
14. 
Whenever any change of use, occupancy or vacancy occurs, all signs and appurtenances no longer relating to the prior use and occupancy of the premises shall be immediately removed. In addition, any sign not conforming to any requirement of this section and removed in accordance with this requirement shall not be replaced unless it conforms to all requirements of this section and proper permits are obtained.
15. 
Any lawfully existing sign may be repaired or lettered within the size, height, number or location of the permit originally issued for the sign without need to obtain a new permit. This section does not regulate sign content unless otherwise specified herein.
16. 
All driveway entrance/exit signs, warning and directional signs, and parking signs placed within a property's boundaries directed at drivers of vehicles, pedestrians, bicyclists, and wheelchair users shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) standards, except where the sign exceeds the safety standards in the MUTCD or the MUTCD does not apply.
D. 
Exempt signs. The following signs are permitted without need to obtain a permit, if installed as per the requirements stated below and the Design Standards:
1. 
Ordinary maintenance, servicing, repainting, cleaning, altering, or changing the information of an existing permitted sign for a legal occupant, provided the size, area, height, location and/or structure are not changed.
2. 
Nonilluminated freestanding real estate signs for residential uses, provided they do not exceed six square feet in area and four feet in height. No more than one such sign, and two on a corner lot, shall be erected on a property, and it must be set back a minimum of five feet from all property lines. Freestanding or wall-mounted real estate signs for nonresidential uses, provided they do not exceed 20 square feet. No more than one such sign, and two on corner lots, shall be erected, and it must be set back from all property lines at least 10 feet. A window sign of up to 20 square feet shall be used if the required setback does not exist. All real estate signs must pertain to the property on which they are located and shall not be placed within any sight triangle or public right-of-way. All real estate signs shall be removed within two weeks of execution of a contract and/or closing for the lease or sale of the property/space.
3. 
Credit or charge card signs within window areas for commercial uses, or signs indicating membership in professional or trade organizations, provided such signs do not exceed one square foot.
4. 
Signs not exceeding one square foot attached to gasoline pumps, provided that their sole purpose is to communicate fuel prices.
5. 
Signs painted on or affixed to operating, registered, licensed commercial motorized vehicles.
6. 
Signs accessory to licenses and permits issued by the City Clerk, including, but not limited to, garage sales, auctions, and banners.
7. 
Traffic, parking, directional, informational and street identification signs, as approved by any City, county, state or federal agency, installed in any public right-of-way.
8. 
Any political sign, except that temporary signs relating to a campaign, candidate, issue, referenda, or any particular vote, election or event which are located in a public right-of-way outside of required sight triangles shall be removed within two (2) weeks after the date of the political event, vote, referendum, election or other object of the temporary sign. Any such political sign may be located on private property without time restriction.
9. 
Sidewalk signs.
10. 
Where a commercial tenant vacates a building or shopping center where its occupancy was noticed on a permitted directory or other sign, and a new tenant occupies the vacated space, the sign may be changed to provide notice of the new tenant, providing the sign is not otherwise changed, upon the issuance of a CO.
E. 
Temporary signs other than political signs require a development permit and are subject to the following:
1. 
Banners, pennants and bunting may be used for special promotional events, holidays and grand openings, provided they are not be displayed more than two times per calendar year and may be installed for no more than two months at a time. Such signs shall not constitute an aggregate area greater than 50 square feet, must be attached to a permanent structure, and shall only be illuminated indirectly.
2. 
Project signs may be permitted for new developments approved by land use boards pursuant to final approval from the approving authority. No more than one project sign shall be permitted on any lot identifying each developer, builder, contractor, architect, engineer or others associated with the development. Such signs shall only be located on the project site and shall not exceed 24 square feet in area or six feet in height, unless they are wall-mounted, at which time they shall not exceed the height of the structure.
3. 
Contractor signs are permitted for work associated with active construction permits for the duration of the exterior improvement activity, provided such sign area does not exceed six square feet; maintains a minimum setback of 10 feet from all property lines; is not illuminated; and is removed within two weeks of completion of the permitted work.
F. 
Application procedures.
1. 
Property owners are required to obtain a development permit for ALL signs unless the sign is exempt as indicated above.
2. 
A property owner shall file an application with the Zoning Officer for the issuance of a development permit to install, alter, modify, or expand any sign except exempt signs as described in this article, or as permitted in § 17:9-51C9 above.
3. 
A property owner may be required to also submit an application for a construction permit or other permits for the erection or modification of a sign, which shall only be issued subsequent to the issuance of a development permit.
4. 
If the Zoning Officer determines that a proposed sign does not conform to the requirements contained herein, the Officer shall deny the application and instruct the applicant that land use board approval would be required to be filed.
5. 
When an application for development must be filed with a land use board, the application must include ALL signs installed or proposed to be installed as part of a consolidated sign plan for the property prior to the issuance of any sign permits.
G. 
Prohibited signs. The following signs shall be prohibited within the City of Plainfield, unless otherwise specified within this section:
1. 
Signs attached to trees, telephone poles, public benches, streetlights, or placed on any public property or in the public right-of-way unrelated to politics or issues;
2. 
Any sign for advertising purposes that mimics or is substantially similar to a public purpose sign;
3. 
Upper-story blade signs;
4. 
Flood awning signs;
5. 
Signs placed within designated sight triangles and signs which directly obstruct driver's lines-of-sight;
6. 
Banners that stretch across a public right-of-way between telephone poles, trees or other structures;
7. 
Pylon signs, roof signs and billboard signs, except those that are preexisting and permitted;
8. 
Any sign that, in the professional judgment of the Zoning Officer, presents an immediate danger to the public health, safety or welfare;
9. 
Signs that advertise or identify a use which has ceased operation;
10. 
Any nonconforming sign, as defined herein;
11. 
Abandoned signs;
12. 
Vehicle signs;
13. 
Signs containing obscene, pornographic or lewd messages;
14. 
Signs that obstruct a fire escape, door, window or other required accessway;
15. 
Signs that are not accessory to a principal use on a property;
16. 
Air-inflatable signs.
H. 
Preexisting nonconforming signs. Permitted signs and supporting structures and appurtenances erected or installed prior to the effective date of this article and section, and which were, at the time of such erection or installation, in compliance with all applicable statutes and ordinances, but which no longer comply with the requirements of this article and section, including the Design Standards, are considered preexisting nonconforming signs. Preexisting nonconforming signs may continue, provided the sign itself is not altered, modified, or changed in any way, except that the content, message or letters may be changed to indicate a new tenant, business or change in the use, including product or service offered, if the new use (and tenant or business) is a permitted use and occupancy. If said sign is altered, modified or changed in any other way, a development permit is required to be obtained and the new or altered, changed or modified sign shall conform with this article and section, including the Design Standards. A lawful preexisting nonconforming sign may be repaired, including the letters, without obtaining a development permit.
I. 
Enforcement. The Zoning Officer shall be responsible for the administration and enforcement of all sign regulations. The Zoning Officer shall initiate enforcement procedures if any sign is in violation of the regulations contained herein and may call upon the Director of Public Safety and any duly authorized agents to assist in the enforcement of this section. The Zoning Officer may require the immediate removal of a sign if the sign presents an immediate danger to the public health, safety and welfare.
[MC 2002-29 § 17:9-52, December 2, 2002; MC 2013-13, December 9, 2013]
Nothing in this section shall be construed to prohibit trailers hauling, loading or unloading merchandise in the course of their customary function. No trailer shall be used except as specified hereunder.
A. 
Trailers used for temporary residency by any occupant of a dwelling that is being reconstructed due to damage from fire, flood, other natural calamity or other cause shall be subject to the following provisions:
1. 
The trailer is placed only on the same lot which contains the dwelling that is being reconstructed.
2. 
An approval development permit shall be obtained from the Zoning Officer prior to the placement of such temporary trailer on the site. The Zoning Officer, under the advisement of the Construction Code Official and Chief of the Fire Department shall be responsible for determining the most practical location for such trailer.
3. 
The time period of occupancy of such trailer shall not exceed six (6) months, provided however, that the Zoning Officer may extend the time period of occupancy for an additional time period of occupancy for an additional time period of up to three (3) months due to exceptional circumstances that prevent the reconstruction and reoccupancy of the damaged building within the initial six (6) month time period. However, in no instance shall such trailer be occupied for a time period to exceed nine (9) months, unless extended by the Zoning Board of Adjustment.
B. 
Trailers used for construction offices and for storage of materials and supplies on a job site may be used during the period of construction only. All material storage and construction office trailers must be removed if no site work or construction activity has occurred on site for forty-five (45) days or more, or if construction activity has substantially slowed. Such trailers must be removed upon issuance of a certificate of occupancy of the new structure(s).
C. 
Trailers for temporary use including but not limited to storage trailers and modified mobile homes for office use and classroom space may be placed on a lot in a nonresidential zone provided that:
1. 
"Temporary use" means use prior to final occupancy of a permanent structure;
2. 
The temporary use is in conjunction with a principal building and a permitted use being undertaken, or approved to be undertaken on the lot;
3. 
Trailers are not to be located between a principal structure and the front street line and all required setbacks and yards specified for the respective zone are observed;
4. 
On a corner lot, trailers shall not be located between a principal building and any adjacent street line and shall observe all required setbacks and yards specified for the respective zone;
5. 
Site plan approval for a permanent principal structure on the same lot is obtained prior to placement of a trailer;
6. 
Use of a trailer permitted under this section does not commence prior to site plan approval and does not exceed one (1) year from the date of such site plan approval unless extended by approving authority;
7. 
The time period of occupancy of such trailer shall not exceed six (6) months, provided however, that the Zoning Officer may extend the time period of occupancy for an additional time period of occupancy for an additional time period of up to three (3) months due to exceptional circumstances within the initial six (6) month time period. However, in no instance shall such trailer be occupied for a time period to exceed nine (9) months, unless extended by Planning Board.
D. 
Clothing receptacles are permitted structures accessory to a house of worship, social service agency, fire department, first aid rescue squads and schools, and are regulated via Section 17:9-19.
[MC 2012-20, November 26, 2012]
A. 
TODD/CBD. All development within the TODD/CBD shall conform to the following:
1. 
The use and design of the ground floor shall contain retail and service uses that are intended to generate pedestrian traffic. No residential dwelling units shall be located on the ground floor.
2. 
Any new or renovated mixed-use structure, where the renovation involves upper floors, must have a residential floor area at least as large as the existing upper floor areas or fifty percent (50%) of the area of the ground floor, whichever is less.
3. 
3. No dwelling unit shall contain more than three (3) bedrooms.
4. 
Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit either in the unit or in common areas accessible only to residents. Window air-conditioning units are not permitted. Television connection shall be provided for each unit. Satellite dishes shall be located only on the roof.
B. 
TODD/NAHD. All development within the TODD/NAHD shall conform to the following:
1. 
All development within the TODD/NAHD shall be compatible with the historic character of the district and subject to review by the Historic Preservation Commission.
2. 
The use and design of the ground floor shall contain retail and service uses that are intended to generate pedestrian traffic. No residential dwelling units shall be located on the ground floor.
3. 
No dwelling unit shall contain more than three (3) bedrooms.
4. 
Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit either in the unit or in common areas accessible only to residents. Window air-conditioning units are not permitted. Television connection shall be provided for each unit. Satellite dishes shall be located only on the roof.
C. 
TODD/CLAD. All development within the TODD/CLAD shall conform to the following:
1. 
Parking shall be provided in accordance with the TODD standards set forth for the TODD Zones in Section 17:9-42 of the LUO.
2. 
Pedestrian walkways connecting Cleveland Avenue with Watchung Avenue are to be preserved and enhanced consistent with pedestrian design standards at Sections 17:11-21 and 17:11-22.
3. 
The use and design of the ground floor shall contain permitted uses that are intended to generate pedestrian traffic. No residential dwelling units shall be located on the ground floor.
4. 
No dwelling unit shall contain more than three (3) bedrooms.
5. 
The approving authority can grant a height bonus to construct one (1) additional story for providing an additional front yard setback of five (5) feet for a total front yard setback of fifteen (15) feet to be used for outdoor dining, art exhibits, or other permitted uses, or for first floor art gallery, cultural activities, or restaurant uses as deemed appropriate.
6. 
Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit either in the unit or in common areas accessible only to residents. Window air-conditioning units are not permitted. Television connection shall be provided for each unit. Satellite dishes shall be located only on the roof.
D. 
TODD/CD. All development within the TODD/CD shall conform to the following:
1. 
Parking shall be provided in accordance with the TODD standards set forth for the TODD Zones in Section 17:9-42 of the LUO.
2. 
Conformance with the pedestrian and bicycle provisions located at Sections 17:11-21 and 17:11-22 is required.
E. 
TODD/PD. All development within the TODD/PD shall conform to the following:
1. 
The design, building, operating and maintaining of any parking structure shall only be addressed on completion of the Downtown Parking and Traffic Study and as part of a capital improvement program.
2. 
Parking structures and related facilities must be owned or operated by a public agency in order to be allowed as a principal use.
3. 
All ground floor street frontage floor area, other than that necessary for vehicular and pedestrian and utility access must be occupied by the permitted uses, other than residential uses. No more than fifty percent (50%) of the ground floor can be used for parking.
4. 
At least twenty-five percent (25%) of the upper floor parking spaces are reserved for commuters.
5. 
The façade of the parking structure shall be compatible with adopted architectural standards and the surrounding character of the area, subject to architectural review by the approving authority.
6. 
The use and design of the ground floor area that is not used for parking shall contain permitted uses that are intended to generate pedestrian traffic. No residential dwelling units shall be located on the ground floor.
7. 
No dwelling unit shall contain more than three (3) bedrooms.
8. 
Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit either in the unit or in common areas accessible only to residents. Window air-conditioning units are not permitted. Television connection shall be provide for each unit. Satellite dishes shall be located only on the roof.
9. 
Two (2) additional floors may be constructed above the four (4) levels of the parking structure provided the following provisions are satisfied:
a. 
Only residential uses are permitted on the fifth and sixth floors.
b. 
Each residential dwelling is to have a minimum of one thousand (1,000) square feet of livable floor area.
c. 
All other residential dwelling unit standards contained in the LUO are followed.
d. 
One (1) parking space is reserved in the parking deck for each residential unit.
e. 
Indoor bicycle storage areas consistent with Section 17:11-22 are included.
10. 
The pedestrian walkways between East Second Street and Front Street are to be preserved and enhanced for pedestrian linkage to the Green Brook Walkway and the train station consistent with pedestrian standards at Section 17:11-21.
F. 
TODD/CHD. All development within the TODD/CHD shall conform to the following:
1. 
Be compatible with the historic character of the district and subject to review by the Planning Board and the Historic Preservation Commission.
G. 
TODD/TD. All development within the TODD/TD shall conform to the following:
1. 
Dwellings shall conform to Article IX Section 17:9-48A—Residential Dwelling Units.
2. 
Parking shall be provided in accordance with the TODD standards set forth for the TODD Zones in Section 17:9-42 of the LUO.
[MC 2013-01, May 13, 2013]
A. 
TODN/TSA. All development within the TODN/TSA shall conform to the following:
1. 
No dwelling units are to be built in this zone. The zone will consist only of the historically designated Netherwood train station and NJ Transit parking lots.
2. 
The train station structure shall contain retail, restaurant, and service uses that are complimentary to, and of reasonable assistance to the traveling public.
B. 
TODN/TSC. All development within the TODN/TSC shall conform to the following:
1. 
Parking shall be provided in accordance with the Residential Site Improvement Standards as set forth in Section 17:9-42 of the LUO. Approving authorities may allow a reduced number of spaces as provided for therein.
2. 
The provision of the "Netherwood Walkway" connecting all properties in the TSC adjacent to the Raritan Valley Railroad Line to the Netherwood Train Station is required as a part of development of all properties. The walkway design is to be consistent with the pedestrian design standards in Section 17:11-25.
3. 
The use and design of the ground floor shall contain permitted uses that are intended to generate pedestrian traffic. No residential dwelling units except a rear unit for an on-site manager shall be located on the ground floor.
4. 
No dwelling unit shall contain more than three (3) bedrooms.
5. 
Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit either in the unit or in common areas accessible only to residents. Window air-conditioning units are not permitted. Television connection shall be provided for each unit; satellite dishes shall be located only on the roof.
6. 
All ground floors of mixed-use buildings shall contain an entrance lobby and fifty percent (50%) of the rear first floor area shall consist of private, indoor building amenities and common space for residents. This area can be reduced below fifty percent (50%) if an on-site manger's apartment is provided as per paragraph 3 above.
C. 
TODN/TSR. All development within the TODN/TSR shall conform to the following:
1. 
The use and design of the ground floor shall contain retail and service uses that are intended to generate pedestrian traffic. No residential dwelling units shall be located on the ground floor.
2. 
No dwelling unit shall contain more than three (3) bedrooms.
3. 
Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit either in the unit or in common areas accessible only to residents. Window air-conditioning units are not permitted. Television connection shall be provided for each unit. Satellite dishes shall be located only on the roof.
D. 
TODN/PSR1. All development within the TODN/PSR1 shall conform to the following:
1. 
Parking shall be provided in accordance with the Residential Site Improvement Standards as set forth in Section 17:9-42 of the LUO. Approving authorities may allow a reduced number of spaces as provided for therein.
2. 
Conformance with the pedestrian and bicycle provisions located at Sections 17:11-25 and 17:11-26 is required.
E. 
TODN/PSR2. All development with the TODN/PSR2 shall conform to the following:
1. 
Parking shall be provided in accordance with the Residential Site Improvement Standards as set forth in Section 17:9-42 of the LUO. Approving authorities may allow a reduced number of spaces as provided for therein.
2. 
Conformance with the pedestrian and bicycle provisions located at Section 17:11-25 and 17:11-26 is required.
F. 
TODN/R-8. All development within the TODN/R-8 shall conform to the following:
1. 
Dwellings shall conform to Article IX 17:9-48A and B-Residential Dwelling Units.
2. 
Parking shall be provided in accordance with the Residential Site Improvement Standards as set forth in Section 17:9-42 of the LUO. Approving authorities may allow a reduced number of spaces as provided for therein.
3. 
Conformance with the pedestrian and bicycle provisions located at Sections 17:11-25 and 17:11-26 is required.
4. 
Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit either in the unit or in common areas accessible only to residents. Window air-conditioning units are not permitted. Television connection shall be provided for each unit. Satellite dishes shall be located only on the roof.
G. 
TODN/PO. All development within the TODN/PO shall conform to the following:
1. 
Dwellings shall conform to Article IX 17:9-48A and B-Residential Dwelling Units.
2. 
Parking shall be provided in accordance with the Residential Site Improvement Standards as set forth in Section 17:9-42 of the LUO. Approving authorities may allow a reduced number of spaces as provided for therein.
3. 
Conformance with the pedestrian and bicycle provisions located at Sections 17:11-25 and 17:11-26 is required.
4. 
Buildings with residential uses shall provide laundry facilities and central air conditioning for each dwelling unit either in the unit or in common areas accessible only to residents. Window air-conditioning units are not permitted. Television connection shall be provided for each unit. Satellite dishes shall be located only on the roof.
[MC 2002-29 § 17:9-53, December 2, 2002]
Vending machines and telephone booths shall be permitted in all zones if contained entirely within a building, and may be located outdoors in all nonresidential zones. Outdoor vending machines and telephone booths shall require an approved development permit prior to installation or construction, subject to the following provisions:
A. 
A maximum of two (2) vending machines and/or two (2) telephone booths shall be permitted outdoors on any lot devoted to a commercial use. Such shall be attached to or placed immediately adjacent to the principal building and shall not be located closer to any lot line than the required setbacks. Additionally, no outdoor telephone booth shall be located within one hundred (100) feet of any residence or residential structure.
B. 
The location of such shall not be so situated as to cause a traffic or safety hazard, as determined by the Chief of Police.
[MC 2002-29 § 17:9-54, December 2, 2002]
A wireless communication facility shall:
A. 
Be attached to or placed atop an existing structure or building, with a maximum height of ten (10) feet above the peak of the existing building;
B. 
Be located on the following prioritized locations:
1. 
On lands or structures owned by the City of Plainfield;
2. 
On lands or structures where there are existing wireless facilities, water tanks or other structures;
3. 
Other locations proven to be essential to provide required service to the community, provide that the location does not result in the facility being visually solitary or prominent when viewed from residential areas and the public right-of-way.
C. 
Permit the location of telecommunications equipment in a detached building as an accessory use, provided the building complies with the following:
1. 
The building must be located at least twice its intended height from a property line. The maximum height for the accessory building shall be twelve (12) feet.
2. 
A six (6) foot high security fence shall surround the building, and adequate screening shall surround the building.
3. 
Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
4. 
All lighting must be building mounted, motion-sensitive, and focused downward to reduce glare on adjacent properties.
5. 
Building-mounted antennas may not project more than two (2) feet from the exterior wall of a building.
D. 
Demonstrate that they minimize visual impacts on the surrounding area and are buffered by vegetation, topographic features or structures to the maximum extent feasible.
Former Section 17:9-55, Access to Uses, previously codified herein, was relocated to Section 17:9-19.1 by Ordinance MC 2013-13.
Former Section 17:9-56, Sexually Oriented Businesses, previously codified herein, was relocated to Section 17:9-49B by Ordinance MC 2013-13.