[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]
[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:
[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; 7-10-2023 by Ord. No. MC
2023-21]
A.
Cannabis License Requirements.
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.
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.
[Amended 10-11-2022 by Ord. No. MC 2022-48; 7-10-2023 by Ord. No. MC
2023-21]
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.
[Amended 7-11-2022 by Ord. No. MC 2022-27]
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)
A 250-foot radius of any other retail cannabis business; or
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:
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:
[Amended 7-10-2023 by Ord. No. MC 2023-21]
a.
All retail cannabis businesses shall adhere to the hours of
operation for retail businesses within the City, Monday to Saturday,
8:00 a.m. to 9:00 p.m. and Sunday, 1:00 p.m. to 9:00 p.m. All Cannabis
Lounges shall adhere to the generally applicable hours of operation
for bars within the City. At least one licensed security guard shall
be onsite at all times during a retail cannabis business's hours of
operation. All patrons must be screened by said security employee
and patrons must demonstrate proof of minimum age (21 years old).
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.
[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:
B.
Open space; each facility shall provide an outdoor recreational space
as follows:
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.
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.
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
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 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.
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).
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.
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.
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.
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.
See SPECIAL FLOOD HAZARD AREA.
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.
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].
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".
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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.
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.
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.
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.
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.
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.
Per the FHACA, "Critical Building" means that:
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
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
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.
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.
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.
Any land area susceptible to being inundated by water from
any source. See "Flood or flooding."
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.
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.
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.
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.
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.
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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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:
Prior to January 31, 1980; or
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.
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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.
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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.
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.
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.
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 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.
A licensed professional engineer shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
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.
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
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.
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.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or non-transient
basis;
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
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" 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.
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.
The Start of Construction is as follows:
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.
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.
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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.
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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.
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For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
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A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
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.
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:
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
Any alteration of an "historic structure", provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
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.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
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.
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.
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.
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
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:
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.
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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).
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[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;
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:
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:
(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;
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.
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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).
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[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.
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.
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:
[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):
[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:
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:
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.
[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.
2.
APPURTENANCE
AWNING
BANNER
BILLBOARD
BUNTING
CANOPY
CHANNEL LETTER
FACADE
FLOOD AWNING
GRADE
MARQUEE
PENNANT
SIGN
SIGN ALTERATION
SIGN AREA
SIGN FACE
SIGN RESTORATION
SIGN SUPPORTING STRUCTURE
SIGN, ABANDONED
SIGN, AIR-INFLATABLE
SIGN, ANIMATED
SIGN, AWNING
SIGN, BALLOON
SIGN, BANNER
SIGN, BLADE
SIGN, BUILDING CANOPY
SIGN, CANOPY
SIGN, CONTRACTOR
SIGN, DIGITAL DISPLAY
SIGN, DIRECTORY
SIGN, FLASHING
SIGN, FREESTANDING
SIGN, GROUND
SIGN, ILLUMINATED
SIGN, INDIRECTLY ILLUMINATED
SIGN, INTERNALLY ILLUMINATED
SIGN, MARQUEE
SIGN, MONUMENT
SIGN, NEON
SIGN, OFF-PREMISES
SIGN, OFFICIAL
SIGN, ON-PREMISES
SIGN, PERMANENT
SIGN, PERMITTED NONCONFORMING
SIGN, POLITICAL
SIGN, PORTABLE
SIGN, PROJECT DEVELOPMENT
SIGN, PROJECTING
SIGN, PUBLIC PURPOSE
SIGN, PYLON
SIGN, READER BOARD
SIGN, REAL ESTATE
SIGN, RESIDENTIAL DEVELOPMENT
SIGN, RESIDENTIAL NAMEPLATE
SIGN, ROOF
SIGN, SIDEWALK
SIGN, SUSPENDED
SIGN, TEMPORARY
SIGN, TRAFFIC CONTROL
SIGN, VEHICLE
a.
b.
c.
d.
e.
f.
SIGN, WALL
SIGN, WINDOW
As used in this section, the following terms shall have the meanings
indicated:
A subordinate part or adjunct of a sign which is affixed
to land or a building or other structure.
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.
A sign made of fabric or other nonrigid light material, with
or without frames.
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."
A lightweight, loosely woven fabric used chiefly for flags
and festive decorations.
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.
A fabricated or formed three-dimensional letter that may
accommodate a light source.
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.
An awning that is greater in vertical height than horizontal
width.
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.
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.
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.
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.
The enlargement, extension or relocation of an existing sign
or support structure.
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.
The area or display surface used for the message.
The routine maintenance and painting of existing, approved
signs that does not change the approved design or increase the total
sign area.
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.
A sign which identifies or advertises a discontinued business,
lessor, owner, product, or activity.
An air- or gas-filled or constant-fan-inflated sign, symbol
or figure.
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.
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.
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.
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.
A vertically oriented wall sign that projects from the facade
of the building to which it is attached.
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.
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.
A temporary sign that identifies the tradesperson of a specific
improvement on the property for which the improvement is being made.
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.
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.
A sign, including the perimeter of a sign, the illumination
of which is not kept constant in intensity at all times.
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.
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.
A sign having characters, letters, figures, designs or outlines
illuminated by electric light or luminous tubes as a part of the sign.
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.
A sign with a light source within it which provides the illumination.
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.
A single- or multi-faced freestanding sign, not attached
to a building, with an upright base extending from the ground.
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.
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."
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.
A sign that is located on property that is the premises,
property or site of the use identified or advertised in the sign.
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.
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.
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.
A sign that is not securely affixed to the ground or otherwise
affixed in a permanent manner to a building or other structure.
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.
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.
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.
A freestanding sign supported and placed upon poles or standards
for support.
A temporary, portable sign that incorporates changeable lettering
and is intended primarily for advertising or announcement purposes.
A sign pertaining to the sale or lease of the premises, or
a portion thereof, on which the sign is located.
A sign identifying a residential major subdivision, condominium,
apartment or townhouse complex, and located entirely on the property
which it is identifying.
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.
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.
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.
Any building sign that is suspended from the underside of
a horizontal plane surface and is connected to this surface.
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.
A permitted sign for the purpose of identifying private parking
areas and directing the flow of traffic on private property.
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:
The absence of a current, lawful license plate affixed to the
vehicle on which the sign is displayed;
The vehicle on which the sign is displayed is inoperable, as
defined by this City Code;
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;
The vehicle on which the sign is displayed is not regularly
used for transportation associated with the use it advertises;
The vehicle remains parked on the premises after normal business
hours when customers and employees are not normally present on the
premises; or
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.
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.
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.
[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.
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:
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.
[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.
E.
F.
TODN/R-8. All development within the TODN/R-8 shall conform to the
following:
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.
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:
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.
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.
