Buffers shall be provided on the perimeter of all tracts of
nonresidential uses abutting residential zones or uses. The buffer
may include evergreen and deciduous trees and shrubs, fences, walls,
berms or any combination which will provide a visual separation and
screening. Landscaping of required buffers and screens shall take
into account the opportunities presented by existing site features
and shall be compatible in scale and character with the surrounding
prevailing landscape and project features and designed as part of
the overall landscaping plan.
[Added 5-17-2023 by Ord. No. 0-23-07]
A. Purpose. The purpose of this ordinance 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. 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 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."
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.
MAKE-READY PARKING SPACE
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of Electric Vehicle Supply Equipment or Electric
Vehicle Service Equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
al.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g.,
single and two-family homes, executive parking fleet parking with
no access to the general public).
PUBLICLY-ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multi-family 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 paragraph
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 section. Failure to meet the requirements in this
section shall be subject to the same enforcement and penalty provisions
as other violations of Borough of Highlands' 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 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.
D. Requirements for New Installation of EVSE and Make-Ready Parking
Spaces.
1. As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
a.
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 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 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
e.
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
2. As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in 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 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
f.
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
g.
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
h.
Notwithstanding the provisions of 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.
E. Minimum parking requirements.
1. All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to subsection
21-65.14, Off-Street Parking.
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 paragraph D above may be encouraged, but shall
not be required in development projects.
F. Reasonable standards for all New EVSE and make-ready parking spaces.
1. Location and layout of EVSE and Make-Ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2. Installation:
a.
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
b.
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
c.
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
d.
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3. EVSE parking:
a.
Publicly-accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
b.
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
c.
Public parking. Pursuant to NJSA 40:48-2, publicly-accessible
EVSE parking spaces shall be monitored by the municipality's
police department and enforced in the same manner as any other parking.
It shall be a violation of this section to park or stand a 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 Borough of Highlands' 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 three to four feet high with concrete footings placed to
protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
d.
EVSE outlets and connector devices shall be no less than 36
inches and no higher than 48 inches from the ground or pavement surface
where mounted, and shall contain a cord management system as described
in 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 twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
Borough of Highlands 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.
For publicly-accessible municipal EVSE: The fee to use parking
spaces within the municipality identified as EVSE spaces shall be
an initiation fee of $2.99 plus $0.49 per kWh for each hour that the
electric vehicle is connected to the EVSE. There shall be no parking
fee while vehicle is actively charging, but a parking fee of $5 per
hour shall apply 15 minutes after the electrical vehicle stops charging.
b.
This fee may be amended by a resolution adopted by the governing
body.
c.
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable State and Federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
[Ord. No. O-01-02; Ord. No. O-02-10; Ord.
No. O-07-06 §§ 19—21]
A. In conjunction with any principal building or any use of land, there
shall be provided sufficient parking spaces to meet the minimum requirements
specified herein. The required parking may either be provided on-
or off-site. Any part of the parking requirement located on a private
lot other than the one on which the use is located shall be subject
to a cross easement or agreements noted on the deed and recorded at
the County Clerk's Office. Off-site parking provided in a municipal
parking lot may be subject to an off-tract contribution for the construction
of such facility.
B. The development plan shall show the total number of off-street parking
spaces required for the use or combination of uses indicated in the
application. Where shared parking for uses with different peak parking
demands results in a documented need for fewer spaces than the sum
of the individual requirements, the Board may allow the construction
of the lesser number of spaces, provided the site plan shows how the
additional space will be provided if necessary.
C. Residential Zones and Uses.
[Amended 8-18-2021 by Ord. No. O-21-29]
1. The number of off-street parking spaces required for residential
uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and
by reference to the Residential Parking Schedule below, Alternative
parking standards to those shown in the Schedule below 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 sources.
Parking Schedule for Residential Uses
|
---|
Housing Unit Type/Size
|
Parking Requirement (per unit)
|
---|
One-family and two-familya
|
|
2-bedroom
|
1.5
|
3-bedroom
|
2.0
|
4-bedroom
|
2.5c
|
5-bedroom
|
3.0
|
Garden apartmentb
|
|
1-bedroom
|
1.8
|
2-bedroom
|
2.0c
|
3-bedroom
|
2.1
|
Townhouseb, d
|
|
1-bedroom
|
1.8
|
2-bedroom
|
2.3c
|
3-bedroom
|
2.4
|
Mid-riseb
|
|
1-bedroom
|
1.8
|
2-bedroom
|
2.0c
|
3-bedroom
|
2.1
|
High-riseb
|
|
1-bedroom
|
0.8
|
2-bedroom
|
1.3c
|
3-bedroom
|
1.9
|
Retirement community
|
Values shall be commensurate with the most appropriate housing
type and size noted above that the retirement community resembles
|
Senior citizens housing project
|
1.48
|
Assisted living
|
0.5
|
Notes:
|
a.
|
A minimum of one parking space for a single-family detached
dwelling shall be provided in a garage.
|
b.
|
Requirements for attached units (apartment/condominium/townhouse)
include provisions for guest parkin (0.5 space per dwelling unit).
Guest parking must either be provided for on-street or in common parking
areas.
|
c.
|
If applicant does not specify the number of bedrooms per unit,
this parking requirement shall apply.
|
d.
|
Three-family dwellings shall be subject to the parking requirements
for townhouse development.
|
2. Garage and driveway combinations shall be counted as follows:
a.
Each garage car space shall be counted as 1.0 off-street parking
space regardless of the dimensions of the driveway.
b.
A one-car garage and driveway combination shall count as 2.0
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.
c.
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.
3. When housing is included in mixed-use development, a shared parking
approach to the provision of parking shall be permitted.
4. When in the judgment of the Land Use Board, 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.
5. For projects containing dwelling units required by the New Jersey
Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7),
to be accessible, parking spaces for people with disabilities shall
be provided in accordance with the requirements of the Barrier Free
Subcode and shall be considered part of the total number of required
spaces.
D. Nonresidential Zones and Uses.
1. All parking areas shall be paved, or constructed in accordance with
CAFRA regulations with gravel or porous pavers, subject to the review
and approval of the Borough or Board Engineer; shall be suitably drained
and maintained in good condition; and all spaces and directional instructions
shall be clearly marked and maintained so as to be clearly visible.
Parking spaces shall be delineated by a treated wood guide rail. Such
wood rail shall be constructed of treated timbers, a minimum of thirty
(30) inches above grade and consist of vertical and horizontal members.
The provision of improvements to delineate the parking spaces shall
be at the discretion of the Land Use Board, upon the advice of the
Board Engineer. In cases when a stone parking area is permitted, a
suitable paved area and driveway apron, in the opinion of the Borough
or Board Engineer, shall be provided to retain stone within the parking
area.
[Amended 8-18-2021 by Ord. No. O-21-29]
2. Parking spaces or access aisles, except entrance or exit drives,
shall have a minimum setback of at least one-half (1/2) the required
setback for the principal building but in no case shall this distance
be less than the required setback adjacent to residential districts
or residential uses in a mixed use zone.
3. No change in use within a building shall be allowed unless it can
be shown how sufficient parking will be provided for the new use.
4. Handicapped parking shall be required in accordance with the Americans
with Disabilities Act.
5. Parking lot pavement shall consist of one (1) of the following, to
be measured at a compacted depth:
a.
Four (4) inch bituminous stabilized base with one and one-half
(1 1/2) inch FABC. Up to six (6) inches of DGA stone subbase,
if required by Board Engineer.
b.
Four (4) inches of clean three-quarter (3/4) inch angular crushed
stone.
c.
Other as approved by the approving agency.
6. In general, ninety (90) degree parking spaces shall be nine (9) feet
wide by eighteen (18) feet long; and parallel parking spaces shall
be eight (8) feet wide by twenty-one (21) feet long.
On-site parking stalls shall be accessed from aisles the width
of which shall be in accordance with the requirements specified below.
Only one-way traffic shall be permitted in aisles serving single-row
parking spaces placed at an angle other than ninety (90) degrees.
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
---|
35
|
12 (one way)
|
45
|
13 (one way)
|
60
|
18 (one way)
|
90
|
24
|
7. Nonresidential Off-Street Parking Requirements. The number of off-street
parking spaces required for any nonresidential use shall be determined
by reference to Parking Schedule below, except for uses which are
regulated as follows:
[Amended 8-18-2021 by Ord. No. O-21-29]
a.
The following standards shall only apply to permitted nonresidential
uses in the Central Business District:
(1)
Restaurant or bar: one space for each four seats or stools.
(2)
All other permitted nonresidential uses: no off-street parking
spaces are required for the first 1,000 square feet of gross floor
area of an individual use. One space shall be provided per 300 square
feet of gross floor area above the first 1,000 square feet.
Parking Schedule for Nonresidential Uses
|
---|
Use
|
Number of Spaces
|
---|
Assembly hall, community building, club, lodge, theater, auditorium,
churches, other places of assembly, eating and drinking establishments
|
1 for every 4 seats or 8 per 1,000 square feet of gross floor
area, whichever is larger
|
Business, commercial, personal service establishments, retail
stores, auto service, wholesale service, offices
|
1 per 600 square feet of gross floor area
|
Ferry transportaion services
|
0.7 space for every passenger seat on all departing boats during
a regular 24-hour period
|
Hotel, motel, inn, B&B (where not a conditional use)
|
1 for each guest unit, plus as required for other facilities
available
|
Marina
|
1 for every boat slip, plus as required for other uses
|
Boat launches
|
10-foot-by-40-foot space for each boat trailer, plus adequate
maneuvering space for ramp, with a minimum of 10 such spaces
|
Boat yard
|
1 for every 3 boat storage spaces
|
Public and private beaches, recreational uses
|
1 for every 250 square feet of beach or recreation area
|
Schools
|
1 for every 15 students
|
Health and fitness establishments
|
1 space per 200 square feet of gross floor area
|
8. Parking Structures. The location of any parking structures, if allowed,
shall not be within four hundred (400) feet of the waterfront, as
defined by the bulkhead or mean high water line. The architectural
design of the façade of a parking structure, if permitted,
shall incorporate features to add visual interest and improve the
overall appearance of the structure as viewed from the street. Such
features may include articulated parapet walls, ornamental projections,
varied planter widths and similar items. The structure should be compatible
with the building(s) served and be compatible in appearance, size,
and bulk with the surrounding structures.
E. Commercial Parking Deficiency Variance and Parking Deficiency Fee.
1. The developer should provide:
a.
Adequate on-site parking to meet the requirements; or
b.
Adequate on-site parking plus acceptable off-site parking to
meet the requirement.
2. If on-site and off-street parking requirements are not met as provided
above, the developer must:
a.
Obtain approval of a parking space variance as subject to the
provisions of this chapter and the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.).
b.
As a part of the variance the developer has the option to provide
a plan for limiting patron numbers to the equivalent of actual parking
spaces provided on site and/or including acceptable off-site spaces.
This plan must include a method for validating the patron count, i.e.,
an official verifiable log with the number of patrons on a daily basis.
Verification is also to be done by on-site visits from the Code Enforcement
Official and Fire Official. This option primarily applies to ferry
companies that are required to keep verifiable Coast Guard Logs. If
a business cannot provide an official verifiable patron log, they
cannot utilize this option.
c.
If the above plan is not provided or accepted by the Land Use
Board, the developer must contribute an annual fee to the Borough
of Highlands Capital Improvement Fund (or as otherwise named by the
Chief Financial Officer), in an amount in accordance with the Parking
Deficiency fee of: fifty ($50.00) dollars per space for one (1) to
nine (9) deficient spaces and one hundred ($100.00) dollars per space
for those deficient ten (10) or more spaces.
[Amended 8-18-2021 by Ord. No. O-21-29]
Roadway pavement shall consist of one (1) of the following,
to be measured at a compacted depth:
A. Five (5) inch bituminous stabilized base with two (2) inch FABC.
Up to six (6) inches of DAG stone subbase, if required by the Engineer.
B. Other as approved by the Board.
Signs shall be provided in accordance with Part 5 of this chapter.
[Added 5-17-2023 by Ord.
No. O-23-08]
The purpose of this section is to provide a regulatory framework
for the construction of Solar Energy Systems in the Borough of Highlands,
subject to reasonable restrictions, which will preserve the public
health, safety, and welfare, while also maintaining the character
of the Borough of Highlands.
[Added 5-17-2023 by Ord.
No. O-23-08]
The following terms, when used in this section, shall have the
following meanings:
SOLAR ENERGY FACILITY
An energy facility that consists of one or more ground-mounted,
free-standing, or building-integrated solar collection devices, solar
energy related equipment and other associated infrastructure with
the primary intention of generating electricity or otherwise converting
solar energy to a different form of energy for primarily off-site
use.
SOLAR ENERGY SYSTEM
A solar energy system consisting of one or more photovoltaic
or solar hot water devices either building integrated, roof-mounted,
or as a canopy as well as related equipment which is intended for
the purpose of reducing or meeting the energy needs of the property's
on-site principal use. Solar energy systems may generate energy in
excess of the energy requirements of a property only if it is to be
sold back to a public utility in accordance with the NJ Net Metering
law.
[Added 5-17-2023 by Ord.
No. O-23-08]
A.
Regulations Applicable in All Residential Zones.
1.
Solar Energy Systems.
a.
Solar energy systems shall be considered a permitted accessory
use.
b.
Permitted types of solar energy systems: roof-mounted in the
form of photovoltaic panels or roof tiles, canopy systems, ground-mounted
systems.
c.
Photovoltaic panels or roof tiles shall be the same color.
d.
Edges of photovoltaic panels and arrays shall be parallel to
the edges of the rooflines.
e.
Solar energy systems shall meet all electrical, building and
fire safety requirements in the New Jersey Construction Code.
f.
For a roof-mounted system installed on a sloped roof, the highest
point of the system shall not exceed the highest point of the roof
to which it is attached as allowed by bulk requirements.
2.
Regulations Applicable to All Non-Residential Zones.
a.
Solar Energy Systems.
(1)
Solar energy systems shall be considered an accessory use.
(2) Permitted types of solar energy systems: roof-mounted
in the form of photovoltaic panels or roof tiles and canopy systems.
(3) Photovoltaic panels or roof tiles shall be the
same color.
(4) Edges of photovoltaic panels and arrays shall be
parallel to the edges of the rooflines.
(5) Solar energy systems shall meet all electrical
and fire safety requirements in the New Jersey Construction Code.
(6) For a roof-mounted system installed on a sloped
roof, the highest point of the system shall not exceed the highest
point of the roof to which it is attached as allowed by bulk requirements.
(7) For a roof-mounted system installed on a flat roof, the highest point of the system shall be permitted in accordance with Section
21-78.
(8) For parking canopies, a solar energy system may
exceed the applicable maximum accessory structure height if it will
cover an impervious surface parking area. Height may not exceed the
height of the primary structure that the parking area serves. Minimum
height of the parking canopy must allow clearance for emergency service
and service vehicles.
[Ord. No. O-07-06 § 18]
Stormwater management facilities in all residential developments
and all developments required by the Municipal Stormwater Regulations
(N.J.A.C. 7:8) shall be designed and constructed in accordance with
Subchapter 7 (Stormwater Management) of N.J.S.A. 5:21 (Residential
Site Improvement Standards), as amended.
A. General Requirements.
1. All streets shall be provided with manholes, catch basins and pipes
where the same may be necessary for proper surface drainage. On-site
facilities may be permitted. Additionally, all work shall be in accordance
with the established design standards of the Borough.
2. The system shall be adequate to carry off or store the stormwater
and natural drainage water which originates not only within the lot
or tract boundaries, but also that which originates beyond the lot
or tract boundaries. No stormwater runoff, natural drainage water
or water discharged from any source shall be so diverted as to overload
the existing drainage systems or create flooding or the need for additional
drainage structures on other private properties or public lands without
proper and approved provisions being made for taking care of these
conditions. Over-the-sidewalk, under-the-sidewalk and/or through-the-curb
drains for the purpose of disposing of sump pump and/or roof leader
runoff is prohibited. These facilities must outlet into an adequate
watercourse or drainage system as approved by the Board/Borough Engineer.
Specific findings shall be made by the Board/Borough Engineer in this
regard for review and adoption by the approving authority as part
of its written resolution (finding of facts).
3. Techniques for computing stormwater runoff shall be as approved by
the Board/Borough Engineer. The rational method of surface water runoff
computation may be used for storm sewers and open channels with drainage
basins up to twenty-five (25) acres in area.
4. The coefficient of runoff should be based on good engineering judgment
and should take into account the ultimate use of the total drainage
area. The range of coefficients is listed below:
Description of Area
|
Runoff Coefficient
|
---|
Pavement, Impervious areas
|
0.95
|
Residential, 70% impervious
|
0.60 to 0.70
|
Lawn
|
0.3
|
5. Rainfall intensity should be based on rainfall curves for Sandy Hook.
The design storm frequency shall be twenty-five (25) years, except
that a one hundred (100) year design storm frequency criteria shall
be used when specifically required by the approving authority or the
Board/Borough Engineer in individual cases and as mandated by other
governmental entities having jurisdiction. Minimum inlet time shall
be ten (10) minutes.
6. Manning's formula shall be used for design of pipes and open channels
where the coefficient of roughness (n) is:
Description
|
Coefficient of Roughness (n)
|
---|
Reinforced concrete pipe
|
0.013
|
Corrugated metal pipe
|
0.024
|
Corrugated metal pipe, coated and 25% paved
|
0.022
|
Corrugated metal pipe with smooth asphalt lining
|
0.013
|
This formula may be modified, recalculated and redesignated
in the discretion of the Borough Engineer.
7. Storm sewers, open channels, bridges and culverts, unless otherwise
directed by the Borough Engineer, shall be designed for minimum flow
capacities as follows:
Type
|
Design Capacity
|
---|
Drainage systems1
|
25 years
|
Drainage structures2
|
100 years
|
Open channels
|
As determined by Borough Engineer
|
NOTES:
|
---|
1. The term "drainage systems" refers
to the composite of all drainage infrastructure improvements.
|
2. The term "drainage structures"
refers to particular drainage infrastructure improvement such as bridges
and culvert.
|
8. The materials used in the construction of storm sewers, bridges and
other drainage structures shall be in accordance with the specifications
of the Standard Specifications for Road and Bridge Construction of
the New Jersey State Highway Department, current edition, and any
supplements, addenda and modifications thereof unless otherwise specified
by the approving authority. Modifications or change of these specifications
may be requested by the applicant but may be implemented only with
the knowledge and written consent of the approving authority.
9. Lots shall be graded to secure proper drainage away from buildings
and into drainage systems, where possible. Additionally, drainage
shall be provided in a manner which will prevent the collection of
stormwater in pools or other unauthorized concentrations of flow.
Easements shall be required if sheet flow or discharge is across adjacent
properties.
10.
Approval for drainage structures shall be obtained from the
appropriate municipal, County, State and Federal agencies and offices.
Each applicant shall be responsible for making application to the
appropriate authority or agency; and letters of approval from the
appropriate governmental authorities shall be furnished to the Board/Borough
Engineer, with copies to the approving authority, prior to the granting
of final approval.
11.
Where required by the Borough and for a lot or tract traversed
by a watercourse, surface or underground drainageway or drainage system,
channel or stream, there shall be provided and dedicated a drainage
right-of-way easement to the Borough conforming substantially with
lines of such watercourse and such further width for construction,
or both, as will be adequate to accommodate expected stormwater runoff
in the future, based upon reasonable growth potential in the Borough
and, in any event, meeting any minimum widths and locations shown
on any adopted official map or Master Plan. Such easement dedication
shall be expressed on the plat as follows: "Drainage easement granted
for the purposes provided for and expressed in the Land Development
Ordinance of the Borough."
12.
To the extent possible, overland flow through vegetated ground
cove is strongly encouraged in order to provide for water quality.
The use of swales and/or water quality basins is the preferred method
of providing for water quality. Water quality shall be provided prior
to the runoff discharge from the site.
The Borough may approve the use of recharge basins and/or seepage
pits on a case-by-case basis.
B. Major Developments.
1. Major developments include all residential, governmental, commercial
or industrial developments which add one half (1/2) or more acres
of impervious surface, and to all other developments which pose a
significant potential for pollution of surface or ground waters.
2. The flood and erosion control standards for detention will require
that volumes and rates be controlled so that after development the
site will generate no greater peak runoff at the site than prior to
development. Computations may be based on United States Soil Conservation
Service procedures, (United States Soil Conservation Service, Urban
Hydrology for Small Watersheds, Technical Release No. 55, January
1986) or as the estimated maximum rainfall for the estimated time
of concentration of runoff at the site. Tabulations of estimated maximum
rainfall are available from the New Jersey Department of Environmental
Protection and shall be the basis for calculation unless more reliable
localized data is available, which then shall be used accordingly.
3. The water quality requirement for detention will require prolonged
retention of a small design storm which shall be either a one (1)
year frequency Type III storm or a storm of one and one-quarter (1 1/4)
inches of rainfall in two (2) hours. Provisions shall be made for
it to be retained and released so as to evacuate ninety (90%) percent
in approximately eighteen (18) hours in the case of residential development
and thirty-six (36) hours in the case of other developments. This
is usually accomplished by a small outlet at the lowest level of detention
storage, with a larger outlet or outlets above the level sufficient
to control the small design storm. If the above requirement would
result in an outlet smaller than three (3) inches in diameter, the
period of retention shall be waived so that three (3) inches will
be the minimum outlet size used. Where soils have sufficient permeability,
the production of zero runoff from the site under conditions of the
water quality storm will be considered sufficient to meet the water
quality requirement for residential developments, provided that the
groundwater does not rise to within two (2) feet of the bottom of
the detention basin. For other than residential developments, approvals
will be on a case-by-case basis after technical review by the Board/Borough
Engineer. The object of this review will be to avoid pollution of
groundwater.
C. Alternatives to Detention Basins. In lieu of or in combination with
detention basins and after submission of adequate proofs, reviewed
and approved by the Board or Borough Engineer, basic requirements
for stormwater management may be satisfied by means of rooftop storage,
tanks, infiltration pits, dry wells or gravel layers underneath paving,
with appropriate consideration for length of life and feasibility
of continued maintenance.
D. Maintenance and Repair.
1. The property owner shall be responsible for the maintenance of detention
basins or other stormwater facilities and the method of funding such
maintenance.
2. A schedule of maintenance inspections shall be established.
3. Agreements shall be prepared providing, in the case of privately
owned and maintained drainage facilities, that in the event maintenance
or repair is neglected, the Borough has the authority to perform necessary
work and charge the property owner accordingly. In the case of public
takeover of the facilities, a fund shall be established to provide
for the necessary maintenance.
Removal and protection of trees shall be in accordance with Chapter
22, Tree Removal, of the Borough of Highlands Code.