Township of Fairfield, NJ Article VI Off-Street Parking and Loading

§ 45-19 OFF-STREET PARKING AND LOADING REGULATIONS.

§ 45-19.1 Off-Street Parking Requirements.

[1969 Code § 75-36; Ord. No. 591; Ord. No. 729; Ord. No. 738; Ord. No. 779; New; Ord. No. 2000-19 § 1; Ord. No. 2007-19 § 1; Ord. No. 2008-06 § 1; Ord. No. 2009-03 §§ 9, 10]

Off-street parking shall be provided for all uses according to the following schedule:

Land Uses	Required Off-Street Parking Spaces
Auto service stations	3 per bay or 1 per gas pump and 1 per bay, whichever is greater
Banks and savings institutions	1 per 300 square feet of GFA
Business school	1 per 250 square feet of GFA
Carpet store	1 space per 500 square feet of GFA
Child care centers	1 per 6 children plus 1 per employee
Eating establishments	1 space for each 3 seats
Flexible office/warehouse	Utilize component standards
Funeral home	1 per 150 square feet GFA
Furniture store	1 space per 500 square feet of GFA
House of worship	1 per 3 seats. For benches, 1 seat per 18 inches of linear space
Indoor recreation	1 per 250 square feet of GFA
Industrial	1 per 400 square feet of GFA
Manufacturing and assembly operations	1 per 400 square feet of GFA
Medical or dental offices	1 per 150 square feet of GFA
Night clubs	1 space per 75 square feet of GFA
Office	1 per 250 square feet of GFA
Residential (per N.J.A.C. 5:21-4.14)
1. Single-family detached
3 bedroom	2.0, including 1 garage space
4 bedroom	2.5**, including 2 garage spaces
5 bedroom	3.0, including 2 garage spaces
2. Garden Apartment (also Mid-rise)
1 bedroom	1.8
2 bedroom	2.0**
3 bedroom	2.1
3. Townhouse
2 bedroom	2.3**, including 1 garage space
3 bedroom	2.4, including 2 garage spaces
4. Retirement community	Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles. (See notes 8 and 9)
Retail store, and personal service establishments	1 per 200 square feet of GFA
Schools - Elementary (K through 8)	2 per classroom; but not less than 1.5 per teacher and staff
Self-storage	1 space per 5,000 square feet of GFA
Showrooms	1 space per 500 square feet of GFA
Storage areas (primary use)	1 per 5,000 square feet of GFA of storage area and 1 per 250 square feet of GFA of related offices
Warehouse	1 per 1,000 square feet of GFA
Other uses not provided herein shall be determined by the approving authority

Notes relating to parking requirements:

GFA = Gross Floor Area

** If applicant does not specify the number of bedrooms per unit, this off-street parking requirement shall apply.

a. Whenever there is more than one use conducted on any one premises, parking spaces shall be provided in accordance with the combined requirements of each use as shown in the above schedule unless it can be demonstrated through a parking generation analysis prepared by a qualified traffic engineer that the peak parking demand is less than the total number of spaces required by ordinance. Where redevelopment takes place on a site and a reduced number of parking spaces is approved, excess impervious pavement shall be removed and replaced with green space which is to be utilized for stormwater management strategies.

b. Drive-through lanes and windows for banks and other uses, where permitted, shall be provided with room for queuing of 10 automobiles for each drive-through lane and/or window.

c. The inclusion of any use in this table is not meant to imply it is a permitted use in the Township. See the applicable sections of this Code for the enumeration of permitted uses.

d. Alternative residential parking standards 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. (N.J.A.C. 5:21-4.14c)

e. A one car garage and driveway combination shall count as two off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one car garage and driveway combination. (N.J.A.C. 5:21-4.14d)

f. When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted. (N.J.A.C. 5:21-4.14e)

g. For Residential Uses Only. When, in the judgment of the local approving authority, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces. (N.J.A.C. 5:21-4.14f)

h. The Township recommends the following parking requirements for nursing home/congregate care facilities. These uses are not specifically identified in the State Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.): 0.5 space for each nursing bed; 0.75 space for each independent living and assisted living unit.

i. The Township recommends the following standards for senior citizen housing. These uses are not specifically identified in the State Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.): one space for each one bedroom unit and 1.25 spaces for each two bedroom unit, plus one visitor space for each six units.

j. The Township shall require parking lot striping to be maintained so as to remain visible, thus ensuring it directs vehicles in a safe and efficient manner. In the event a parking lot is resurfaced, or the striping fades and the stalls are no longer discernible, the property owner shall be required to restripe the lot consistent with the approved site plan.

k. Any repaving of a parking lot serving a nonresidential use shall be required to obtain a permit from the Township Engineer. Re-striping shall be done in accordance with the approved site plan, or where no such plan exists, the re-striping permit shall be accompanied by a plan depicting the proposed parking lot design, which shall be prepared in accordance with the parking lot design requirements for stall and aisle dimensions as set forth in this chapter. For repaving of a parking lot located within the NJDEP regulated flood hazard area, the developer or permittee shall remove an equivalent amount (in thickness) of existing pavement prior to the placement of the new surface course. The fee for a construction permit from the Township Engineer shall be $10 per 1,000 square feet or part thereof of repaving. The minimum fee for any repaving permit shall be $100.

§ 45-19.2 Parking Stall Sizes. [1]

[Ord. No. 2000-19 § 1]

Parking stalls shall be 10 x 20 feet in dimension, provided that parking stalls may be 9 x 18 feet for employees in commercial, industrial and office lots. All parking stalls shall utilize hairpin striping.

[1] Editor's Note: Former Subsection 45-19.2, Off-Street Parking in Nonresidential Zones, containing portions of 1969 Code § 75-38 and Ordinance Nos. 591, 738, 848 and 95-20 was replaced in its entirety by Ordinance No. 2000-19. See Subsection 45-19.1 for off-street parking requirements.

§ 45-19.3 Off-Street Loading and Unloading Space.

[1969 Code § 75-38; Ord. No. 591; Ord. No. 738]

In all zones, for every building or part thereof hereafter erected, which is to be occupied by manufacturing, storage, goods display, retail store, wholesale store or warehouse, market, hospital, laundry, dry cleaning or other use similarly requiring the receipt or distribution of materials or merchandise in vehicles, there shall be provided and maintained on the same premises with such building at least one off-street loading space, independent of any required off-street parking area, with access to a street.

a. Each loading space shall be at least 12 feet in width and 60 feet in depth. The loading space or area shall not encroach on the required aisles or roadways or parking area.

b. Such space may occupy all or part of the required side or rear yard only. No loading dock or platform shall be permitted in the front of a building.

§ 45-19.4 General Requirements for Off-Street Parking Areas.

[1969 Code § 75-39; Ord. No. 591; Ord. No. 714; Ord. No. 738; New; Ord. No. 97-08 § 1; Ord. No. 99-08 § 1]

No building permit or Certificate of Occupancy as required by this chapter shall be issued by the Construction Official for any construction or alteration of a building, the use of land or a change in use in a nonresidential zone until a site plan shall have been submitted to the Planning Board as hereinafter provided and the Planning Board shall have ascertained that all of the following requirements will be complied with:

a. All off-street parking areas shall be surfaced with an asphalt, bituminous or cement binder pavement, which shall be graded and drained to dispose of all surface water.

b. All off-street parking areas shall be used solely for the parking of motor vehicles, and no commercial repair work or service of any kind shall be conducted on such parking area.

c. Off-street parking facilities as accessory to any use permitted in a residence zone shall be provided on the same lot with the permitted principal building.

d. Any owner or group of owners of a business building or buildings may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirements of each owner participating therein, and further provided that such jointly sponsored facilities comply with all the other requirements of this chapter. Furthermore, joint parking facilities may only be established on adjoining properties. In addition, entrances and exits shall be recorded as permanent easements or rights-of-way with the Essex County Register and filed with the Township Clerk. Any owner of a property may lease part of an adjoining lot for parking purposes provided that:

1. The lease is recorded in the Essex County Registrar's Office; and

2. The lease gives exclusive control of the property and leased to the lessee for a period of not less than 10 years;

3. The area so leased cannot be used by the lessor as to any lot area calculations for any application for development filed while the lease is in effect;

4. If at the termination of the lease, the owner does not renew the lease, the holder of the approval previously granted, or any successor, shall, if the project hereby falls short of parking requirements in the ordinance at the time, be required to reapply to the Planning Board for a revised site plan.

e. Those portions of the property which are not used for off-street parking shall be attractively planted with trees, shrubs and plants in size and number and grass lawns as may be required by the Planning Board. Special plantings or fences as may be required by the Planning Board shall be provided along the zone boundary lines so that parking areas shall not be visible from the adjoining or adjacent residential properties. Those portions of the property which are landscaped as required by this subsection shall be adequately maintained by the owner, keeping all plantings alive and healthy or replaced.

f. Any new or expanded parking areas providing parking for more than 30 vehicles shall provide that at least 10% of the parking area shall be landscaped. Landscaping shall include trees, shrubs and plants located in designated areas in the parking lot along landscaped areas between parking bays and at the end of parking bays.

g. Unless otherwise permitted by Subsection 45-12.16 or 45-12.17, no person shall park any motor vehicle in any area except on driveways or parking areas constructed and installed in compliance with Township ordinances or approved site plans, provided the parking of same is not otherwise prohibited.

§ 45-19.5 Driveways.

[1969 Code § 75-40; Ord. No. 591; Ord. No. 729; Ord. No. 738; Ord. No. 2002-02 § 1; Ord. No. 2007-19 § 1; Ord. No. 2009-03 §§ 11,12]

a. Entrances and Exits. Each entrance to and exit from such parking lot shall be at least 50 feet distant from any adjacent property located in any residence zone, and the location and design of entrances, exits, surfacing, landscaping, marking and lighting shall be subject to approval of the Planning Board.

b. Driveway Widths. Two-way driveways shall not be less than 24 feet nor exceed 30 feet in width. One-way driveways shall not be less than 15 feet nor exceed 20 feet in width.

c. Off-Street Parking in Nonresidential Zones. The edge of the driveway or parking pavement shall be no closer than four feet to a side and/or rear property line.

d. Residential Uses Only.

1. In residential zones, R-1, R-2, R-5 and any other property used for detached residential dwellings, the edge of the driveway or parking pavement shall not be closer than four feet to a side property line and no driveway shall be less than 12 feet in width or more than 18 feet in width. Driveways shall not extend, protrude or encroach upon the rear yard, being defined as the area between the rear property line and a line drawn perpendicular to the side lot line at the furthest point of the rear wall of the principal structure, measured from the rear property line and extending across the full width of the lot.

2. Driveways for newly constructed residences or modification to existing driveways must be surfaced with bituminous asphalt, concrete or permeable paving materials as approved by the Township Engineer. A construction permit must be secured from the Zoning Officer prior to the start of work upon said driveway.

3. The fee for a construction permit from the Zoning Officer shall be $25.

4. Driveways serving detached dwellings shall have a curb cut which does not exceed 20 feet in width. This width is to be maintained for a minimum distance of 10 feet into the property. The driveway shall have a width no greater than 10 feet wider than the width dimension of the garages it serves.

5. The maximum impervious coverage in front yards of detached dwellings shall not exceed 25% of the front yard.

6. No more than two curb cuts shall be permitted on any lot containing a detached dwelling and each curb cut shall not exceed 12 feet in width at the street line. A minimum distance of 40 feet shall be required between such curb cuts.

§ 45-19.6 Design Standards.

[1969 Code § 75-41; Ord. No. 591; Ord. No. 738; Ord. No. 2009-03 § 13]

a. All parking areas shall be designed with service aisles to meet the following standards:

1. 45° angle parking: eighteen-foot aisle width for one-way traffic only.

2. 60° and 90° angle parking and access drives: twenty-four-foot aisle width.

b. Lines showing the proper width and depth of parking spaces as required by this chapter shall be painted on the parking surface and shall be maintained at all times.

c. All new uses or expansion of existing uses in nonresidential zones shall be required to provide curbs which may be raised or flush. Flush curbs are to be utilized to allow disconnection of impervious surfaces as a nonstructural stormwater strategy. All such curbs shall be installed in accordance with Township specifications as set forth in this chapter and Land Subdivision Ordinance of Fairfield.

§ 45-19.7 Location of Off-Street Parking in Non-residential Zones.

[New; Ord. No. 2004-16 § 6; Ord. No. 2016-10 § 5; Ord. No. 2017-05 § 5]

Off-street parking shall be located in accordance with the following chart:

Zone	Front	Side	Rear	Minimum Distance to ROW Line	Minimum Buffer to Residential Zone
C-1	Yes	Yes	Yes	10 feet	10 feet
C-2	Yes	Yes	Yes	10 feet	10 feet
C-3	Yes	Yes	Yes	10 feet	50 feet
H-D	Yes(a)	Yes	Yes	30 feet	50 feet
O-P	Yes(a)	Yes	Yes	30 feet	50 feet
L-1	No	Yes	Yes	30 feet	50 feet
L-2	No	Yes	Yes	30 feet	50 feet
L-3	No	Yes	Yes	30 feet	50 feet
MUO-1 [Ord. No. 2016-10 § 5; Ord. No. 2017-05 § 5]	As per C-1 Zone
RZO-1 [Ord. No. 2016-10 § 5; Ord. No. 2017-05 § 5]	As per C-1 Zone

(a)	No off-street parking areas or loading or unloading facilities for industrial, warehouse or distribution uses shall be permitted in the front yard.

§ 45-19.8 Landscaping and Parking Lots.

[Ord. No. 2000-19 § 1]

a. All loading areas shall be landscaped and screened sufficiently to obscure the view of parked vehicles, loading platforms and loading activities from any lot line or street line throughout the year. Such screening shall be an extension of the building, fence, berm, wall, planting or combination thereof, and shall not be less than six feet in height.

b. In parking lots, at least 5% of the total square footage of interior parking area, including access ways, shall be landscaped with trees and shrub plantings no higher than three feet. Such landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars, but in a manner not impairing visibility. The landscaping should be located in protected areas such as along walkways, in center islands, or at the end of bays.

c. In parking lots containing more than 35 vehicles, at least 8% of the interior parking area shall be landscaped with shrubs and trees.

d. Parking areas with less than 20 spaces shall be screened from the street with landscaping, fencing or a wall but no interior parking lot landscaping is required.

e. One shade tree with a minimum of 2 1/2 inches to three inch caliper shall be provided for every 10 parking spaces in the vicinity of the parking lot. The preservation or relocation of the existing trees is encouraged to meet this requirement. This provision excludes trees required for landscape buffers or street tree planting.

f. Curbed planting islands of nine feet in width shall be placed at the end of each row of parking spaces along an internal traffic aisle.

g. A maximum of 20 parking spaces shall be permitted in a row without a curbed planting island of nine feet in width. At the Board's discretion, seven foot by seven foot curbed planting diamonds containing shade trees may be considered if overall effect exceeds that which would be created by standard planting islands.

h. Parking lots in excess of 100 vehicles shall, where practical, be subdivided into modules utilizing continuous curbed planting islands on a minimum ten-foot width located perpendicular to the parking stalls.

i. Landscaping within the parking lots shall not obstruct the view of approaching vehicles. Shrubs within sight lines shall not exceed a mature height of three feet and trees shall not contain branches lower than seven feet in height as measured from the curbline.

j. Parking areas shall be screened from interior drives using landscape berms, evergreens, deciduous, flowering trees and shrubs to create a continuous landscape strip. Pedestrian walkways shall be integrated within these strips where determined necessary by the Board.

k. Interior parking and landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area to prevent cross-space driving wherever possible. A portion of the landscaping for interior parking spaces, not to exceed 40% of the total requirement, may be relocated to emphasize corridors or spatial landscaped area within the general parking area, if helpful in achieving better traffic patterns or use, or in achieving greater overall aesthetic effect.

l. Parking structures shall receive landscape treatment that softens the bulk and scale of the structures and screens the ground level cars from public rights-of-way and buildings. Upper deck level planting shall be treated similarly to a parking lot on grade.

m. Any and all landscaping and parking delineation and designation required pursuant to a site plan approval shall constitute a continuing obligation of the property owner for purposes of maintenance and replacement of all landscaping and parking delineation.

§ 45-19.9 Electric Vehicle Parking Requirements.

[Added 5-22-2023 by Ord. No. 2023-09]

a. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:

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

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

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

4. Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

b. Definitions.

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217, (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

1. Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

2. Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

3. Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

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

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multifamily parking lots, etc.).

c. Approvals and Permits.

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

2. EVSE and make-ready parking spaces installed pursuant to subsection c4 below in development applications that are subject to site plan approval are considered a permitted accessory use as described in subsection a1 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 section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Township of Fairfield land use regulations.

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

(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 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

6. An application pursuant to subsection c5 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.

d. 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:

1. Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

2. Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

3. Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

4. Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

5. 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.

e. As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in e. above shall:

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

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

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

4. 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.

5. Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

6. In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

7. 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.

8. 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.

f. Minimum Parking Requirements.

1. All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces.

2. A parking space prepared with EVSE or make-ready equipment shall count as 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 e5 above may be encouraged, but shall not be required in development projects.

g. Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.

1. Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

2. Installation:

(a) Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

(b) Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

(c) To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(d) Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(e) EVSE parking spaces shall be reserved and used solely by electric vehicles.

(f) EVSE parking shall not be located within a required front or side yard.

(g) EVSE parking shall not be located underneath buildings or otherwise enclosed space.

h. EVSE Parking.

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

2. 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.

3. Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the Fairfield Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with subsection j5 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.

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

j. Safety.

1. Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to subsection j5 below.

2. Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with § 45-29.11, Lighting.

3. 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 three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

4. EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in subsection j5 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.

5. 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.

6. 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.

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

k. Signs.

1. 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.

2. 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.

3. Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with subsection k2 above.

4. 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:

(a) Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

(b) Usage fees and parking fees, if applicable; and

(c) Contact information (telephone number) for reporting when the equipment is not operating or other problems.

§ 45-20 CELL TOWER REGULATIONS.

[Ord. No. 2000-19 § 1; Ord. No. 2002-13 § 1]

Subject to agreement with the municipality cell towers may be permitted on municipal-owned property, provided that such towers shall be set back a minimum of 50 feet from property lines, and further provided that the height of a tower shall not exceed 150 feet.

§ 45-21 (RESERVED) [1]

[1] Editor's Note: Former § 45-21, Communication antennas within the public-right-of-way, Ord. No. 2018-02, was repealed 12-23-2019 by Ord. No. 2019-28.