Borough of Watchung, NJ Article 28-500 CONDITIONAL USES, FENCES & WALLS, SIGNS, PARKING, AND SPECIAL ZONING PROVISIONS

28-501 CONDITIONAL USES.

[Ord. No. OR:09/01 § 28-501; Ord. No. OR:08/06 § 1; Ord. No. 2018-17 § 2]

Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application for a conditional use shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan and/or subdivision review as may be necessary pursuant to this chapter. Noticing and time limits for review of a conditional use application shall be in accordance with the MLUL. Conditional uses in the Borough shall include the following:

A. (Reserved)

[Deleted by Ord. No. 2018-17 § 2]

B. Drive-Through Windows for Restaurants.

1. A drive-through window for a restaurant shall be permitted only if the subject restaurant is part of a shopping center or is otherwise associated with a shopping center with direct vehicular access thereto.

2. A drive-through window for a restaurant shall be permitted only if the subject restaurant does not have direct driveway vehicular access to a public street.

3. A drive-through window for a restaurant, the accompanying driveway, and any associated signage shall be set back a minimum distance of five hundred (500) feet from any lands zoned for residential development.

4. A drive-through window for a restaurant, associated signage and driveway shall be visually screened from adjacent properties by landscaping.

C. Membership Swim Clubs.

1. Any membership swim club shall have a minimum lot size of ten (10) acres.

2. No parking area shall be located within fifty (50) feet of a property line adjoining a residential use.

3. Said use shall have access to a public street.

4. No edge of any pool shall be closer than seventy-five (75) feet from a property line adjoining a residential use.

5. The total land devoted to the use of the pool shall be enclosed with a fence in accordance with applicable requirements.

6. No lighting shall be directed or reflected upon any residential building or adjacent property. All lighting shall be in compliance with the applicable National Electric Code.

7. All pools shall be landscaped to effectively screen the view of the pool from neighboring properties.

8. All pools shall be kept neat and attractive, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.

9. The design of all pools shall comply with applicable construction code standards.

10. Landscaped buffer of twenty-five (25) feet between the property line and any adjoining residential property.

11. The club shall not be open for use between 11:00 p.m. and 8:00 a.m.

D. Public Utility Uses.

1. For purposes of this chapter, the term "public utility uses" shall include such uses as telephone equipment centers, power substations, sewage treatment plants and other utilities serving the public, but shall exclude dumps, sanitary landfills and telecommunications towers except where otherwise permitted by ordinance.

2. The proposed installation of a public utility use in a specific location must be necessary for the convenient and efficient operation of the subject public utility and for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located. The application for conditional use and site plan approval shall include a statement setting forth the need and purpose of the installation.

3. The design of any building in connection with the public utility installation and improvement of such site must not adversely affect the safe and comfortable enjoyment of the properties in the surrounding area.

4. Adequate fences, screening devices and other safety devices must be provided as may be required. Fences, when used to enclose public utility installations such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

5. The maximum building coverage shall be thirty-five percent (35%) and the maximum lot coverage shall be fifty percent (50%). Landscaping, including shrubs, trees and lawns, shall be provided and maintained.

6. Off-street parking and buffer screening shall be provided as determined by the Planning Board during site plan review.

E. Service Stations.

1. The minimum lot size for service stations shall be thirty thousand (30,000) square feet. The minimum lot width and lot frontage shall be one hundred fifty (150) feet.

2. The minimum required front yard setback shall be thirty (30) feet for any structure except permitted signs, the minimum required side yard setback shall be twenty (20) feet for any structure, and the minimum required rear yard setback shall be twenty-five (25) feet for any structure. Gasoline filling pumps or air pumps shall be permitted within the required front yard setback, but shall be no closer than fifteen (15) feet from any street line or side lot line.

3. No new service station shall be located within five hundred (500) feet of any residential zone boundary nor within one thousand (1,000) feet of any property upon which a firehouse, school, playground, church, hospital, public building or institution is located. Moreover, any service station which had been abandoned and which is proposed for reuse as a service station shall meet the location requirements specified herein.

4. All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building except as specifically approved as part of a site plan application.

a. All lubrication, repair, painting or similar activities shall be performed in a fully enclosed building and no motor vehicle parts or partially dismantled vehicles shall be displayed or stored outside of an enclosed building.

b. Electric motors and other spark-emitting devices, when provided, shall be installed in a well-ventilated room where no flammable liquids are stored or handled, unless such devices are approved by the Chief of the Fire Department for use in explosive atmosphere.

5. No damaged, wrecked or dismantled vehicle, junk or trailer shall be allowed to remain in the open on the premises, but must be kept completely within a building or behind a fence screening at least six (6) feet in height so as not to be visible from the street fronting the premises or from any adjoining property. In any case, no damaged, wrecked or dismantled vehicle, junk or trailer shall be kept on the premises for a period exceeding seven (7) days and, further, no more than seven (7) vehicles awaiting repair and/or service including commercial vehicles otherwise kept on site shall be stored overnight on the premises.

6. The maximum building coverage shall be thirty percent (30%) and the maximum lot coverage shall be sixty-five percent (65%). Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.

7. The exterior display, storage and parking of motor vehicles, trailers, boats or other similar equipment for sale or rent shall not be permitted as part of a service station.

8. There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved as part of a site plan application, unless such accessory goods or supplies for sale are contained within a permanent rack, case, cabinet or enclosure of metal or other fireproof material and located on the pump islands or within the principal building.

9. No gasoline service station shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless enclosed within the principal building. Drainage from crankcases shall be kept in closed metal containers, and an oil interceptor shall be provided, subject to the approval of applicable Borough officials. Where flammable liquids are kept, used or handled, provision for, and the use of, dry sand, chemical extinguishing devices or materials shall be as directed by the Fire Department. A reasonable quantity of containerized and labeled and identified noncombustible absorbents, such as sand, shall be kept conveniently available for use in case of leakage or overflow. All storage shall be in compliance with applicable regulations including N.J.S.A. 13:1D et seq.

10. All gasoline and other fuels shall be kept in tanks of an approved design and the tanks shall be buried so that the tops of the tanks shall be at least three (3) feet below the surface of the ground.

a. All tanks are to be buried in such locations approved by the Fire Department, and shall not be located within six (6) feet from any building except upon special permission in writing from the Fire Department.

b. No tank shall be permitted under any shed or building, and all underground tanks shall rest on a bed or cradle of concrete at least six (6) inches thick.

c. Two (2) or more tanks may be installed and connected by pipes, if such tanks are separated by a wall of concrete not less than two (2) feet in thickness or by a wall of earth not less than four (4) feet in thickness; provided that, in any case, the most current standards set forth by the Department of Environmental Protection shall be met.

11. Service stations shall provide off-street parking in accordance with the following provisions:

a. At least six (6) off-street parking spaces shall be provided for the first lift, wheel alignment pit or similar work area, five (5) additional spaces for a second work area, and an additional three (3) spaces for each additional work area, or one (1) marked parking space shall be provided for every one thousand (1,000) square feet of lot area, whichever provides the greater number of parking spaces, provided that no more than twenty (20) parking spaces shall be provided for any service station in any case.

b. Parking spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas, and no designated parking space shall obstruct access to such facilities.

c. No parking shall be permitted on an unpaved area nor within fifteen (15) feet of any property line. Driveways shall be a minimum of ten (10) feet from all lot lines.

12. Any building or buildings to be erected for use as a service station, or in connection therewith, shall be of masonry construction with a fire-resistive roof.

13. Service stations shall provide one (1) public rest room facility for male use and one (1) public rest room facility for female use.

14. Food marts, where the sale of food items requires additional floor area above and beyond that which is customarily necessary for a service station, shall be considered "fast food convenience stores" and are not permitted as part of a service station.

15. Service stations may be permitted one (1) freestanding sign and one (1) sign attached flat against the building. The freestanding sign shall not exceed an area of fifty (50) square feet and a height of ten (10) feet, and shall be set back at least ten (10) feet from all street rights-of-way and lot lines. The signs attached to any building on site shall not exceed thirty (30) square feet in area. Additional signage shall be permitted as may be specifically approved by the Board.

16. Any part of the site subject to access by motor vehicles shall be hard-surfaced, with concrete or bituminous concrete or asphalt, and shall be graded and drained to adequately dispose of all surface water accumulated. Provision shall be made to prevent gasoline spills or spills from other hazardous substances from flowing into the interior of station buildings or upon the highway or into streams by grading driveways, raising door sills and/or other equally effective methods.

17. In addition to the general site plan requirements, scaled maps accompanying the application for any service station shall clearly delineate the following:

a. The actual floor space and/or ground area to be devoted to, or used for, the storage of motor vehicles;

b. The location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station, public building and/or any other building in which the public gathers within one thousand (1,000) feet of the proposed service station;

c. The number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below ground, the number and location of pumps to be installed, and the type and location of all principal structures and accessory structures to be constructed.

18. All of the other area, yard, setback and general requirements of the respective zones and other applicable requirements of this chapter shall be met.

28-502 FENCES AND WALLS.

[Ord. No. OR:07/21 §§ 2—8; amended Ord. No. OR:09/01 § 28-502; 6-18-2020 by Ord. No. 20/03; 7-13-2023 by Ord. No. 23/09]

Fences and walls may be erected on a lot, subject to the following provisions:

A. General Requirements.

1. In a residential district, a fence or wall may be erected to a total height of four (4) feet above the ground, except that the supporting post may extend to a height of four and one-half (4 1/2) feet above the ground. However:

a. Fences shall not be more than fifty (50%) percent solid;

b. An estate fence may be erected to a height of six (6) feet above the ground, except that the supporting post may extend to a height of six and one-half (6 1/2) feet above the ground, and shall not have spikes or points. Estate fences may be permitted around the entire border of the property, including the front yard.

c. Fences may be erected from the front edge of a residence and may extend into the side and rear yards to enclose an area ending at an edge of the lot to the front of the residence at a height of six (6) feet above the ground, except that the supporting post may extend to a height of six and one half (6 1/2) feet above ground. Fences erected pursuant to the within subsection are not required to comply with paragraph a above.

d. Fences surrounding swimming pools, in compliance with the conditions set forth in Section 28-502L2 may be erected to a maximum height of six (6) feet above the ground, except that the supporting post may extend to a height of six and one-half (6 1/2) feet above the ground.

e. For the purposes of this Section 28-502 only, the front yard for residential corner lots or irregularly shaped lots shall be on the street which the front door faces or is designed to face, with the other being treated as a side yard. Where this cannot be determined, such as due to a diagonal or rear facing dwelling, the Zoning Officer shall determine which street frontage shall be considered the front yard.

2. Along boundaries of residential and nonresidential districts, a fence or wall may be erected to a height of six and one-half (6 1/2) feet above the ground, except that the supporting post may extend to a height of seven (7) feet above the ground, to screen nonresidential activities from the view of abutting residences. Fences in this instance may exceed the restrictions contained in § 28-502A.

3. Except where specifically prohibited under the terms of any other applicable ordinance or regulation of the Borough, nothing herein shall be construed to prohibit the use of hedges, trees or other planting anywhere on a lot.

4. Restrictions herein contained shall not be applied so as to prohibit the erection of a wall for the purpose of retaining earth or otherwise contouring or terracing the property.

5. For purposes of measuring the height of a fence for this subsection, the height of the fence shall be measured from the lowest surface of the ground to the highest point of the fence throughout its entire length, with each supporting post(s) to the measure from the finished grade at the base where embedded at ground level to the height point of the post.

B. Construction within Road Right-of-Way Prohibited. No private fence, wall or structure shall be erected within a public right-of-way.

C. Construction Appearance and Materials. All fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. All fences shall be uniform and symmetrical in appearance, shall have posts or columns separated by identical distances, except for deviations required by construction factors, and shall consist of materials conforming to a definite pattern unless waived in whole or in part by the Construction Official. No fence shall be erected of barbed wire, razor wire, topped with metal spikes or other sharp objects, nor constructed of any material or in any manner which may be dangerous to persons or animals, except barbed wire shall be permitted for qualified (under the State Farmland Assessment Act) farms.

D. Location within Sight Triangle. No fence, hedges, trees or other plantings shall be located within a required clear sight triangle.

E. Electrically Charged Fences Permitted. Electrically charged fences are permitted provided that the fence does not exceed six (6) feet in height, is attached to poles that do not exceed six and one-half (6 1/2) feet in height and is charged with a voltage that does not exceed one thousand (1,000) volts. Said fences are to be stained or painted dark brown, dark green or black to blend with landscaping. Poles, insulators and any attachments shall be painted the same color. Wires are not included in the painting requirement. No fence shall be erected on the front of the property, nor shall the fence encompass the entire property.

F. Mesh Deer Fences Permitted. Deer fences which are nonmetallic in appearance are permitted provided they do not exceed eight (8) feet in height above the ground, except that the supporting post may extend to a height of eight and one-half (8 1/2) feet above the ground. Deer fences and poles are to be dark brown, dark green or black to blend with the landscaping.

Deer fences shall be erected from the front edge of the house and may extend around the house to encompass the backyard. No deer fence shall be erected in the front of the property, nor shall the deer fence encompass the entire property, unless the deer fence is shielded from view from adjoining properties and the street by trees, shrubs and other natural conditions. In the case of a corner lot, this restriction only applies to that yard which the property owner designates as the primary front yard.

G. Temporary/Construction Fences. A temporary/construction fence may be erected for the duration of a construction project if required by the Borough or owner for safety reasons. The property owner must obtain a permit for the erection of a temporary construction fence and the temporary construction fence shall be removed upon completion of the construction.

H. Construction within Property Boundary Lines. All fences shall be constructed within property boundary lines.

I. Construction Enclosing and/or Crossing an Easement Prohibited. No fence or wall shall be constructed so as to enclose or cross a Borough easement or an easement in which there are public rights. Fences shall not be built within three (3) feet of any such easement.

J. Maintenance. All fences shall be maintained in a safe, sound and upright condition.

K. Existing Fences. The provisions of this Article shall apply to all fences hereafter constructed. Fences currently existing which violate any provision set forth herein shall not be reconstructed, repaired or replaced to an extent exceeding twenty percent (20%) thereof without the total fence being brought into conformity with the provisions hereof.

L. Swimming Pools.

1. Fences that meet the requirements of § 28-502 and the minimum requirements for swimming pool fences under the Building Official and Code Administrators ("BOCA") International, Inc., as amended by the State of New Jersey Uniform Construction Code ("UCC") may be used.

2. Pursuant to Section 28-502A1d, fences around a swimming pool are allowed to a maximum height of six (6) feet provided that the following conditions are met:

a. Fences around a swimming pool shall only be permitted in the rear yards and side yards of a lot, subject to compliance with the setback limitations applicable to principal structures.

b. The rear of the principal permitted structure may serve as part of the fence around a swimming pool.

c. Fences around a swimming pool must not be more than twenty-five (25) feet from the water's edge.

d. Fences around a swimming pool shall not be more than fifty percent (50%) solid.

M. Buffer Zones, Conservation Easement Areas and Conservation Areas. No fence shall be permitted in any area designated as a buffer zone, conservation easement or conservation area by any other part of the Code of the Borough of Watchung including, but not limited to, §§ 28-413E1 and 28-414E1.

N. Permits. In order to ensure compliance with the provisions of this Article, before any fence or wall is erected, a zoning permit and building permit, if required, must be obtained from the Building Construction Official and Zoning Official of the Borough. The request for permits shall be accompanied by a survey or plan, to show height and location of the proposed fence or wall in relation to all other structures or buildings and in relation to all streets, lot property lines and yards, and showing type and design of fencing materials. Any plan that includes construction within an easement shall be approved by the Borough Engineer prior to the issuance of the required permit. The zoning permit or building permit, if required, is conditioned upon the as-built conditions meeting the terms and conditions of the permit and this Article.

O. A chain-link fence up to a height of ten (10) feet from the ground may be erected around a sports court.

P. Driveway Entrance/Gates. Driveway gates shall be permitted within the Borough subject to the following terms and conditions:

1. Purpose. The purpose of this subsection is to ensure vehicular access by emergency vehicles, including police vehicles, ambulances and fire trucks, to properties within the Borough of Watchung; and to avoid situations where driveway entrance posts have either been too narrow to allow safe passage of fire apparatus, or where the driveway gates would not open or had to be forced open to allow passage.

2. The minimum distance between driveway entrance pillars, columns or fence posts shall be twelve (12) feet, measured at a right angle across the driveway.

3. Up to thirty (30) feet of driveway before and after the opening between entry pillars or posts shall be as straight as possible. The calculation for the first thirty (30) feet of the entry driveway may include the public right-of-way. If the thirty (30) feet of driveway before or after the entry pillars or posts curves more than four (4) feet off the center line between the posts, then the opening between the posts shall be increased to fourteen (14) feet.

4. The minimum setback between the driveway entrance/gates and the curbline of the roadway (public or private) shall be fifteen (15) feet.

5. There shall be no archway or other structure spanning the driveway above the entry pillars or posts.

6. Any gate within the driveway entrance, the posts of which shall meet the requirements of subsections 28-502P2, 3 and 4 above.

7. For electrified mechanical or hydraulic driveway gates of any type which open automatically when a vehicle approaches or when a button is pushed or a code is pressed into a keypad or by any other method, a release lever that allows the gate(s) to be opened by hand shall be installed in a prominent place that is accessible from outside the gate.

8. Driveway security gates of any type that open by hand or with electric or hydraulic power which can be locked shall have an access key placed in a lock box approved by the Township Fire Official. The lock box and the lock to open the gate shall be accessible from outside the security fencing and gate. Keys to all lock boxes will be carried by Township police officers. Key pads and combination locks shall not be used on security gates. If the driveway entry has a gate and also a gate house that is manned 24 hours a day by a full-time security guard, a lock box shall not be required.

28-503 OFF-STREET PARKING AND LOADING REQUIREMENTS.

[Ord. No. OR:09/01 § 28-503]

A. General Requirements.

1. The requirements of this section shall apply to all uses in the Borough. Except as provided in this chapter, no application for a building permit shall be approved unless there is included with the plan for such building, improvement or use, an area showing the required space reserved for parking and loading provided and designed in accordance with this chapter as set forth in § 28-607. A certificate of occupancy shall not be issued unless the required parking and loading facilities have been provided in accordance with those shown on the approved plan except that where, due to weather conditions, paving is not possible, a temporary certificate of occupancy may be issued for a specified period of time, at the end which said temporary permit shall expire and the improvements shall have been completed. Such period of time shall not exceed one hundred twenty (120) days.

2. Off-street parking areas shall be located on the same lot as the main building or principal use of the property served by said parking area. Notwithstanding any provision of this chapter to the contrary, parking to serve a development containing low and moderate income housing units may be provided on a lot in another zone adjoining the R-M-L VI Zoning District subject to Planning Board approval or approval by the Board having jurisdiction and further provided that the area of any such lot containing such use adjoining the R-M-L VI Zoning District shall not be included in the land area calculation for density purposes

3. Landscaping shall be provided in all parking areas serving multi-family residential and all nonresidential uses in accordance with the design requirements of Article 28-600.

B. Residential Uses.

1. Except as provided herein, off-street parking for residential uses shall be provided and designed in accordance with RSIS. Off-street parking requirements for multi-family development approved or completed within any R-M-L Mount Laurel or other multi-family residential district as of June 3, 1997 shall remain in compliance with this chapter.

2. Except where regulated by RSIS in connection with a subdivision or site plan, detached single-family dwelling units shall be provided with two (2) spaces per 2-bedroom unit; three (3) spaces per 3-bedroom unit; three (3) spaces per 4-bedroom unit; and four (4) spaces per 5 or more bedroom unit.

3. The placement of off-street parking and driveways for single-family residential uses shall be in compliance with the requirements of § 28-401W.

C. Nonresidential Uses — General Standards.

1. All parking and loading areas shall be designed in accordance with the standards contained in Article 28-600 of this chapter. Stormwater drainage for all parking and loading areas shall be designed in accordance with Article 28-600 so as to prevent damage to adjoining properties. All parking and loading areas shall be maintained in a clean, orderly and dust-free condition.

2. Where off-street nonresidential and multi-family parking, loading or service areas are located adjacent to any lot in a residential zoning district and where such parking, loading or service areas are not entirely screened visually from such lot by an intervening building or structure, there shall be provided a continuous planting screen at least five (5) feet in height.

3. Garage space or space within buildings, basements, or on the roofs of buildings, if permitted, may be used to meet the parking requirements of this chapter.

4. Parking spaces and loading spaces shall be clearly marked on the pavement and/or with markers, directional arrows, or traffic directional signs in accordance with the design requirements of Article 28-600.

5. Parking areas for individual nonresidential uses shall be designed to be interconnected with adjacent nonresidential properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street.

6. The off-street parking requirements for two (2) or more uses whether the same or different types of use, may be satisfied by allocating some or all of the required parking for each use in a combined parking facility, provided that the total number of parking spaces is not less than the sum of the required spaces for each individual use and the other design requirements of this chapter are satisfied. Off-street parking facilities for one use shall not be considered as providing off-street parking for another use, except that one half (1/2) of the off-street parking spaces required by any use where peak utilization of the parking facilities will be at night or on Sundays (such as houses of worship, theaters and assembly halls), may be assigned to a use that will be closed at night or on Sundays.

7. The number of off-street parking spaces and loading spaces required by land or buildings used for two (2) or more purposes shall be the sum of the requirements for the individual uses.

8. No off-street parking or loading area shall be used for the sale, repair, dismantling, or servicing of any vehicle, equipment, materials, or supplies.

D. Nonresidential Uses — Parking Requirements.

1. Nonresidential uses shall be provided with adequate off-street parking to accommodate the permitted activities and shall be subject to approval by the Board during site plan review. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different activities with different specified parking requirements, the total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together. Parking requirements based on square footage increments or other standards shall include the number of spaces rounded up to the nearest whole number for any fraction thereof.

Type of Use	Number of Parking Spaces Required
Banks, studios and offices	1 per 250 sq. ft. of floor area1
Bowling alley2	4 per lane
Club, lodge or service organization	1 for each 200 sq. ft. of floor area
Elementary schools (Grades K-4)	1 per employee3
Conference facilities	1 per 250 sq. ft. of floor area
Funeral parlor	1 per 25 sq. ft. of floor area devoted to viewing rooms/services plus 4 spaces
General service businesses	1 per 200 sq. ft. of floor area
Professional resident home offices	2 in addition to residential requirements
Hotels and motels	1.25 per unit plus the required spaces for each additional use on site (restaurants and other commercial uses)
Houses of worship	1 per 3 permanent seats (1 seat = 22 inches in calculating the capacity of pews or benches)
Hospital, convalescent and nursing home	1.5 per bed
Intermediate schools (Grades 5-8)	1.5 per employee3
Manufacturing and industrial uses	1 per 400 sq. ft. of floor area or 1 per 2 employees, whichever is greater
Offices	1 per 250 sq. ft. of gross floor area
Offices, Medical	6.0 per 1,000 of gross floor area
Restaurants and cafes	1 per 3 seats4
Quarry	1 per employee
Retail businesses and other commercial activities not otherwise classified herein	1 per 250 sq. ft. of floor area
Scientific or research laboratories	1 per 800 sq. ft. of floor area used for laboratories plus 1 per 250 sq. ft. of floor area used for offices.
Service stations	See § 28-501E11
Shopping centers	4.5 per 1,000 sq. ft. of net habitable floor area
Single-family dwellings	See § 28-503B
Theaters	1 per 3 seats
Warehouses and storage buildings	1 per 600 sq. ft. of floor area or 1 per 2 employees during the peak hour shift, whichever is greater

Notes:
1	Drive-in banks shall provide room for at least eight (8) automobiles per drive-in window for queuing purposes.
2	All other indoor recreational uses shall provide sufficient off-street parking as determined by the Board during site plan review.
3	In all cases sufficient space for school bus loading and unloading shall be provided.
4	In all cases, a sufficient number of spaces shall be provided to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.

2. In the case of a use not specifically mentioned in the parking schedule above, the requirements of off-street parking facilities for a use most similar, compatible or consistent with the use that is mentioned, shall apply. In the event that there is no similar, compatible or consistent use, off-street parking requirements shall be determined by the Board based upon accepted industry standards.

E. Nonresidential Uses - Loading Requirements.

1. Each principal use shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building. A minimum of one (1) space shall be provided for each building. Additional spaces may be necessary and required by the Board depending upon the specific activity. There shall be no loading or unloading from the street.

2. There shall be at least one (1) solid waste pickup location including provision for recyclable materials collection provided by each building which shall be separated from the parking spaces by either a location within the building or in a pick-up location outside the building within a metal container, located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three. If located within the building, the doorway may serve both the loading and solid waste functions and if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container(s) in no way interferes with or restricts loading and unloading functions.

3. No loading or solid waste area shall be permitted in the front yard.

28-504 SIGNS.

[Ord. No. OR:09/01 § 28-504; amended 6-5-2025 by Ord. No. 25/07]

A. General Provisions. All signs hereafter erected or maintained shall conform with the provisions of this Article and the Uniform Construction Code of the Borough of Watchung. Any sign not specifically permitted is hereby prohibited.

1. Permits Required. It shall be unlawful for any person to erect or structurally alter any sign without first obtaining a permit and making payment of the fee required by the Uniform Construction Code of the Borough of Watchung. The erection or relocation of a freestanding sign as defined herein shall require minor site plan submission prior to issuance of any permit.

2. Reference to Zoning Districts. Except as otherwise provided, no outdoor sign or other form of exterior advertising shall be erected or maintained unless the sign complies with the requirements established in this Article for each zoning district.

B. Exempt Signs. The provisions and regulations of this Article shall not apply to the following signs:

1. Professional nameplate signs indicating the name and profession of the occupant of a dwelling, provided such signs do not exceed two (2) square feet. Said signs shall not be lighted between the hours of 9:00 p.m. and 8:00 a.m.

2. Temporary signs placed on windows in commercial establishments or on any other interior or exterior surface of commercial establishments covering no more than twenty-five percent (25%) of the total window area of any given side of the building. Such signs shall not be placed on establishment doors. Glass used in any such doors shall be excluded from calculations for total window area coverage under this section. Such temporary signs shall not be placed for periods exceeding thirty (30) days in duration.

3. Temporary signs of nonprofit and charitable organizations announcing a special event or function provided such signs do not exceed thirty-two (32) square feet. Such temporary signs shall not be placed for periods exceeding thirty (30) days in duration and shall be removed within five (5) days after completion of the event or function.

4. Bulletin boards not over sixteen (16) square feet in area for public, charitable or religious institutions when same are located on the premises of said institutions and located no less than twenty-five (25) feet from any lot line.

5. Signs denoting the architect, engineer or contractor, when placed upon work under construction, and not exceeding sixteen (16) square feet in area. Said signs shall be permitted for fourteen (14) days on any one (1) project while the work is under construction. Such sign shall be located no less than ten (10) feet from any lot line.

6. Memorial signs or tablets, names of buildings and dates of construction when cut into any masonry surface or when constructed of bronze or other incombustible metal.

7. Temporary signs indicating a political preference for a person and/or political party seeking election, or involving a ballot issue (hereinafter "political signs"), provided such signs do not exceed sixteen (16) square feet in area on any one (1) side. When placed on public property or within the public right-of-way, as permitted by the Borough or responsible public entity, political signs shall be placed no sooner than thirty (30) days prior to the day of the election involving such person, party or ballot issue, and shall be removed within five (5) days after such date. No political sign, whether on private or public property, may create a safety hazard. No political sign shall be placed on private property without the property owner's consent. All political signs must be at least one (1') foot from any roadway. No political sign shall be temporarily or permanently affixed to a fire hydrant, utility pole, telephone pole, traffic sign or other public utility structure or posted, painted or otherwise affixed to trees, rocks, or other natural features within a public or private right-of-way.

8. Traffic directional signs as follows:

a. Official traffic and street signs.

b. As shown on an approved subdivision or site plan map.

c. If no development plan is required, such sign shall be located no less than five (5) feet from edge of on-site pavement and have dimensions that do not exceed one foot by two (1 x 2) feet and shall not extend more than three (3) feet in height.

9. On-site real estate or lease signs not exceeding four (4) square feet in area and off-site real estate sales/directional signs not exceeding four (4) square feet in area, when erected and maintained in accordance with the requirements set forth in Subsections E, F, and G in this section.

C. Prohibited Sign Features.

1. No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey, by any county or municipality thereof, or by a public utility or similar agency concerned with the protection of the public health or safety.

2. No neon sign or similar illustrated advertisement shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.

3. The following advertisements are specifically prohibited: any advertisement which uses a series of two (2) or more signs placed in a line parallel to the highway or in similar fashion all carrying a single advertisement message, part of which is contained on each sign.

4. No sign shall have flashing lights or exposed high flashing lights or exposed high intensity illumination.

5. No sign may be placed in such a position to cause a danger to traffic by obscuring visibility.

6. No sign may obstruct any window, or opening intended to provide light by more than twenty-five percent (25%) of the total window, or opening.

7. Exterior signs using moving parts or banners, spinners, pinwheels, flags, pennants or similar signs are prohibited, with the exception of clocks and weather information.

8. Signs visible from the street using the word "stop" or "danger" or any other word, phrase, symbol or character simulating a public safety warning or traffic signal.

9. Roof signs on buildings, structures and vehicles excluding commercial vehicles advertising the intended use.

10. Signs or advertising matter of an indecent or obscene nature as defined by law.

11. Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premise and any other signs unrelated to the premises on which the sign is erected.

12. Signs placed on trees, fences, utility poles or light poles, signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign, but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

13. Signs on vacant property, excluding commercial properties advertising future use, advertising a proposed use without Borough Planning or Zoning Board approval.

D. Prohibited Signs.

1. Billboards, outdoor display structures and signs mounted on trailers, platforms and atop vehicle(s). No existing billboard structure may be replaced.

2. Signs projecting more than three (3) feet from the wall of a building and all roof signs.

3. Signs other than officially authorized signs, tacked, pasted, painted or otherwise attached to poles, posts, trees, fences, sidewalks or curbs.

4. No sign other than official traffic control devices or street signs shall be erected within, or encroach upon, the right-of-way of any street unless authorized by other ordinances or regulations of the Borough.

5. Signs rotating or moving by mechanical means.

E. General Regulations.

1. Illumination. All signs shall be shielded to prevent the direct rays of illumination from being cast onto adjoining properties and approaching vehicles.

2. Location. No sign shall be located in a required buffer area.

3. Nonconforming Signs. Nonconforming signs shall not be enlarged, relocated, altered or rebuilt. Further failure to keep such signs in good repair for a period of six (6) consecutive calendar months shall constitute abandonment and the sign shall not be replaced or rehabilitated and shall be removed by the owner.

4. Maintenance of Signs. Signs and, in the case of permitted freestanding signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly. Any sign that is or shall become dangerous or unsafe in any manner whatsoever shall be repaired and made safe or shall be removed.

5. Permit Required. No temporary or permanent sign(s) shall be installed without first obtaining a temporary or permanent sign permit from the Zoning Officer, unless specifically exempted by this chapter.

6. Permitted Hours of Illumination. All signs may be illuminated during the hours of operation of that particular business but in no event later than 1:00 a.m. in the HD District and 10:00 p.m. in all other permitted districts.

F. Signs Permitted in R-R, R-A and R-B Districts.

1. Signs not exceeding one (1) square foot for entrances and exits to driveways or for warning or directional purposes.

2. Identification signs for schools, churches or similar public or quasi-public institutions, clubs, lodges, farms, estates or similar uses provided the area of such signs does not exceed twenty (20) square feet. No such sign shall be located closer than twenty-five (25) feet to a lot line.

3. Signs advertising the sale of products from a farm as defined in this chapter, when the products are grown or raised on the premises, provided the area of such signs does not exceed thirty-two (32) square feet. All such signs shall be located at least twenty-five (25) feet from the edge of pavement or ten (10) feet from a lot line, whichever is greater.

4. Windsocks, flags, holiday banners and wind chimes.

5. One (1) unlighted real estate sign, not over four (4) square feet in area, that is located on the building or lot that is advertised for sale or lease, provided that the same is removed within ten (10) days of the execution of a contract relative to the sale or lease of the property.

6. One (1) unlighted "garage sale" sign per lot that advertises a garage sale on that lot, provided that the sign is removed no later than the day after the end of the sale. Said sign shall not exceed four (4) square feet in area, shall not extend more than seven (7) feet above the ground, shall not interfere with the safe movement of vehicles on adjacent roads and shall not be installed more than five (5) days prior to the date of the sale. "Garage sale" signs placed off-site shall be subject to the same requirements stipulated in the sentence above as well as the following: (a) "garage sale" signs shall be situated only at intersections where a motorist must change direction to find the garage sale and provided that no more than one (1) "garage sale" sign shall be permitted at any single intersection; and (b) no "garage sale" sign shall be located at an intersection controlled by a traffic control signal.

7. (Reserved)

8. Open House Signs. Open house signs shall be permitted in the Borough in accordance with the following conditions, limitations, and restrictions:

a. Open house events shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. and the open house signs shall be permitted only during the actual hours of the open house event.

b. Each open house sign shall be no more than four (4) square feet in area, located so that the top of the sign is no more than two and one-half (2 1/2) feet from ground level, and placed or anchored on the ground in a manner that prevents the sign from being removed by any breeze, wind, or other forces of nature.

c. An open house sign shall only be located within the right-of-way of a municipal street at the intersection of said street with another street. The sign shall be set back from the paved cartway a minimum distance of three (3) feet and located so that visibility at the intersection is in no way diminished.

d. More than one (1) open house sign may be permitted for each open house event, provided that such signs are situated only at intersections where a motorist must change direction to find the open house event and provided further that no more than one (1) open house sign for each open house event shall be permitted at any single intersection. Under no circumstances, however, shall an open house sign be located at an intersection controlled by a traffic control signal. In addition to the foregoing, one (1) open house sign shall be permitted to be displayed at the property that is for sale, but only during the open house event and only in accordance with the same restrictions as are applicable to real estate signs referenced in paragraph 5 above.

e. The writing and symbols appearing on any open house sign shall be limited only to that necessary to assist the automobile-traveling public in locating the subject property in the Borough.

f. All open house signs shall be nonilluminated.

g. Any person posting an open house sign shall be responsible for any damage to person or property caused by the placement or movement of the sign.

9. The maximum height of any ground freestanding sign shall not exceed four (4) feet except as exempted elsewhere in this chapter.

G. Signs Permitted in B-A, B-B, B-C, O-C, H-D and QU Districts.

1. A sign shall identify only the business or use conducted on the premises except that one (1) directory freestanding sign in addition to business or use identity sign shall be permitted in accordance with paragraphs 5 through 8 below and that the height of a directory sign shall not exceed ten (10) feet.

2. Sign(s) attached to a wall of a building shall not exceed five (5) feet in vertical dimension nor exceed in width more than fifty percent (50%) of the width of the wall to which it is attached.

3. The sign area for signs attached to a wall of a building shall not exceed ten percent (10%) of the area of the wall to which the sign is attached. No one (1) individual sign attached to a wall of a building shall exceed one hundred (100) square feet in area.

4. Temporary signs covering any portion of the inside windows of grocery stores which have a gross floor area exceeding twenty thousand (20,000) square feet provided, however such signs shall not exceed fifty percent (50%) of the gross window area. The covering of windows located on doors is prohibited.

5. The maximum above ground height of any freestanding sign shall not exceed the lesser of eighteen (18) feet or the height of the principal building.

6. Freestanding signs shall not exceed fifty (50) square feet in area and shall be limited to one (1) per lot except for corner lots, for which one (1) sign per street frontage will be allowed provided the total street frontage exceeds three hundred (300) feet.

7. No freestanding sign shall be located closer to a lot line than ten (10) feet (excluding the right-of-way line) or the height of the freestanding sign, whichever is greater.

8. No freestanding sign shall be permitted in a side yard or rear yard.

9. One (1) unlighted real estate sign, not over four (4) square feet in area, advertising the sale or lease of the building or lot upon which the sign is maintained, provided that the same is removed within ten (10) days of the execution of a contract relative to the sale or lease of the said property. One (1) unlighted garage sale sign, not over four (4) square feet in area, advertising a garage sale upon the lot which the sign is maintained, provided that same is removed immediately upon the end of the garage sale. "Garage sale" signs placed off site shall be subject to the same requirements stipulated in the sentence above as well as the following: (a) "garage sale" signs shall be situated only at intersections where a motorist must change direction to find the garage sale and provided that no more than one (1) "garage sale" sign shall be permitted at any single intersection; and (b) no "garage sale" sign shall be located at an intersection controlled by a traffic control signal.

10. The Zoning Officer may allow, on a individual basis and upon showing of substantial need, a limited number of unlighted real estate sale or lease, directional signs, and garage sale signs not over four (4) square feet in area, to be placed at locations approved by the Zoning Officer and for limited periods as also approved by the Zoning Officer.

11. Open House Signs. Open house signs shall be permitted in the Borough in accordance with the following conditions, limitations, and restrictions:

a. Open house events shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.; and the open house signs shall be permitted only during the actual hours of the open house event.

b. Each open house sign shall be no more than four (4) square feet in area, located so that the top of the sign is no more than two and one-half (2 1/2) feet from ground level, and placed or anchored on the ground in a manner so as to prevent the sign from being removed by any breeze, wind, or other forces of nature.

c. An open house sign shall only be located within the right-of-way of a municipal street at the intersection of said street with another street. The sign shall be set back from the paved cartway a minimum distance of three (3) feet and located so that visibility at the intersection is not diminished

d. More than one (1) open house sign may be permitted for each open house event, provided that such signs are situated only at intersections where a motorist must change direction to find the open house event and provided further that no more than one (1) open house sign, regardless of the number of open houses being conducted on a given day, shall be permitted at any single intersection. Under no circumstances, however, shall an open house sign be located at an intersection controlled by a traffic control signal.

e. The writing and symbols appearing on any open house sign shall be limited only to that necessary to assist the automobile-traveling public in locating the subject property in the Borough.

f. All open house signs shall be nonilluminated.

g. Any person or organization posting an open house sign shall be responsible for any damage to person or property caused by the placement, removal or movement of the sign, and the removal thereof consistent with the terms of this chapter.

H. Signs Permitted in Regional Shopping Center Complexes.

All signs for a regional retail shopping complex shall adhere to a common architectural theme and may include the following:

1. A Regional Retail Shopping Complex may have two (2) internally illuminated freestanding signs identifying the name of the shopping complex and other information as may be approved by the Board having jurisdiction, with each sign not exceeding one hundred fifty (150) square feet on each side. Each free-standing sign may be attached to a decorative tower as may be approved by the Board. Each freestanding sign shall not exceed twenty (20) feet in height and each sign and any decorative tower to which it is attached shall be set back at least five (5) feet from the Blue Star Drive conservation easement and at least thirty (30) feet from all other property lines.

2. Where an individual activity occupying at least five hundred (500) square feet of net habitable floor area has direct access from the outside, an additional sign identifying the name of the activity also shall be permitted to be attached flat against the building at the entrance to the activity. The size of each additional sign shall be equal to one (1) square foot of sign area per one (1) linear foot of building frontage occupied by the activity.

3. Where the design of a regional retail shopping complex includes a roof over a common walkway along the front of a building, an additional sign identifying the name of an individual activity occupying at least five hundred (500) square feet of net habitable floor area may be suspended in perpendicular fashion from the roof over the common walkway. The size of the suspended signs shall be as determined by the Board. In any case, suspended signs shall be no closer than ten (10) feet at their lowest point to the finished grade below.

4. Additional signs may be approved by the Board to be situated within a regional retail shopping complex, provided that the aggregate square footage of all the signs within the regional retail shopping complex does not exceed the maximum aggregate square footage allowed hereinabove.

I. Signs Permitted in Commercial Zones. Within commercial areas, signs shall be coordinated so as to create an overall appearance of uniformity of style and color, and a proportionality of size and shape. In addition to the standards set forth in the general provisions of this Subchapter, signs within commercial areas for which a sign plan has not been approved by the Planning Board or Board of Adjustment, shall:

1. Comply with all sign regulations for the zone in which the commercial area is located; or

2. All signs within each commercial area shall comply with the area (square footage) restrictions.

3. Complement each other in material, shape, color and lettering style.

J. Awning Signs.

1. All frames are to be manufactured from tubular or shaped structural steel or aluminum with finishes or coatings as required to prevent against corrosion. The frame shall be designed to safely support wind and snow loads as specified in the latest adopted BOCA Code.

2. Vinyl fabric coverings are to be fourteen (14) ounces per yard minimum weight with certification as to tensile strength and flame resistance to meet industry and NEPA and BOCA codes.

3. Fasteners and/or structural attachments shall only be anchored to structural members of the building.

4. All electrical components and/or lighting equipment used in connection with an awning are to be labeled and rated for protective outdoor use and installed by a licensed electrical contractor.

5. Ceilings are optional and may consist of "egg crate," mesh fabric or solid plastic material. Removable panels or sections must be provided to allow access for service and cleaning.

6. All awning signs which project over or above backup walls are to be covered and weather protected with structural plastic, rustproof metal or aluminum.

7. Letter copy on awning signs is to be applied with manufacturer-approved processes.

8. Awning signs may be attached to buildings or structures with the following projection and height limitations:

a. Minimum clearance shall be eight (8) feet unless projecting over a vehicular right-of-way, in which case clearance must be at least fourteen and one-half (14 1/2) feet to avoid damage by trucks or other high vehicles.

b. If the structure has a fringe or valance such fringe or valance may hang below the ceiling line no more than twelve (12) inches.

c. Such signs shall be limited to single-story buildings or to the first level only of multi-story buildings.

d. Awning signs may be attached to buildings requiring property setbacks not to exceed property lines. In the case of buildings in shopping centers or multi-unit developments, such signs may not extend beyond curbs or extend into safety zones. In such installations, drainage gutters are required.

9. Only the copy area of awning signs shall be considered in the square footage limitations. The remaining portion should be considered as awning area only.

28-505 RECREATION AND OPEN SPACE.

[Ord. No. OR:09/01 § 28-505]

A. Recreation Required for Multi-family Development.

1. A recreation area shall be provided and improved by the developer for each multi-family residential development. All active recreation areas shall be no closer to any residential structure than the minimum required setback for the residential structure.

2. All active recreation areas shall be cleared as required, graded for proper drainage, leveled, topsoiled, limed, fertilized and seeded with athletic field and general purpose mixture and must be suitable for playing games, such as touch football and softball on an informal basis. In addition to such multi-purpose field, the active recreation area shall include such recreational facilities as needed to serve the residents of the development. The recreation area shall meet all design standards as set forth in this chapter. Final design should be submitted to Board having jurisdiction for approval as part of any site plan review.

3. The recreation area shall not include any wetlands, wetland transition areas of any kind, streets, drives or space occupied for off-street parking or loading purposes for other facilities. The recreation area shall be contained within the subject development and be entirely within the Borough and readily accessible to all dwelling units proposed within the subject development.

4. The development shall provide for a homeowners' association in accordance with this chapter for the ownership and maintenance of the recreation area(s) for the benefit of the owners and residents of the development, unless the Borough accepts dedication of the recreation area(s) pursuant to § 28-506B4.

B. Open Space.

1. In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:

a. Any lands proposed as open space shall be suitable for the purposes for which it is intended in terms of its location, size, and improvements.

b. Common open space to be administered by a homeowners' association or other open space organization shall be distributed throughout the proposed development so that as many residential dwelling units or buildings as is practicable abut and have direct access to the common open space.

c. Consideration for the protection of environmentally fragile and important resource land areas such as aquatic buffer areas, 500-year flood plains, wetlands and wooded acreage.

2. Board shall review the submitted open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands.

3. Should the proposed development consist of a number of stages, the Board may require the set aside of open space acreage proportionate in size to the stage of development being considered for final approval, even though these lands may be located in a different section of the overall development.

4. Open space may be offered by deed to the Borough or dedicated as common open space to a homeowners' association or other open space organization.

a. If the applicant proposes that the open space shall be dedicated to the Borough, then within forty-five (45) days of the receipt of such application, the Board shall forward such request with its recommendation to the Borough Council prior to the granting of preliminary approval of any application for development containing the subject open space.

b. All open space not offered to and/or not accepted by the Borough shall be common open space owned and maintained by a homeowners' association or other open space organization as provided in the MLUL and this chapter. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.

28-506 HOMEOWNERS' ASSOCIATION AND OTHER OPEN SPACE ORGANIZATIONS.

[Ord. No. OR:09/01 § 28-506]

A homeowners' association or other open space organization shall be established in accordance with the MLUL for the purposes of owning and assuming maintenance responsibilities for the common open space property and the improvements thereon within a development, provided that the Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining the property. A homeowners' association or other open space organization shall be established prior to the issuance of any certificate of occupancy for any building in the development. When established, the homeowners' association or other open space organization shall incorporate into their bylaws the following provisions:

A. Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders under a cooperative development, and other owners of property or interest in the development. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his/her pro rata share of the organization's costs.

B. The organization shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Borough. This offer shall be in the form of a right of first refusal extended to the Borough for action and not withdrawn for a period of one hundred twenty (120) days thereafter, whereupon the right shall expire and the Association be permitted to dissolve.

C. The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

D. The organization shall clearly describe in its bylaws and resolutions all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all the common property.

1. The articles of incorporation shall contain provisions to ensure that adequate funds are available for maintenance of the common open space and the improvements thereon.

2. In the case of townhouse and patio home dwelling units, the bylaws or resolutions shall include regulations governing the provisions for accessory decks, patios and fences for the dwelling units which shall be approved as part of the original site plan application and/or amendments thereto.

3. The articles of incorporation of the organization and the bylaws and resolutions shall be submitted for review by the Board prior to the granting of the original final site plan approval and/or any amended final site plan approval by the Board.

E. The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization and title to the common open space shall be transferred to the members of the homeowners' association based upon a percentage of the dwelling units sold and/or occupied; such schedule shall be subject to review and approval by the Board.

F. Should the association fail to maintain the common open space and the improvements thereon in reasonable order and condition, the Borough may serve written notice upon such organization and shall follow the procedures set forth in the MLUL and if it becomes necessary for the Borough to provide maintenance, the imposition of a lien as set forth in the MLUL shall be followed.

28-507 WIRELESS TELECOMMUNICATIONS FACILITIES.

[Ord. No. OR:09/01 § 28-507]

A. Purpose. The purpose of this chapter is to provide sound land use policies, procedures and regulations for the location and placement of wireless telecommunications structures, antennas and equipment within the Borough in order to protect the community from the adverse impacts of wireless telecommunications facilities and to preserve the scenic and historic and environmental character of the countryside that the Borough Master Plan seeks to protect. This chapter seeks to meet the mandate of the Telecommunications Act of 1996, and at the same time, without limiting the generality of the foregoing, to:

1. Protect residential areas and land uses from the adverse impacts of towers and antennas.

2. Require the location of towers in the H-D Highway Development District, QU Quarry District and B-C Highway Commercial District ("Permitted District") and on high voltage electric transmission towers and water tanks in all districts within the Borough.

3. Encourage use of Borough owned properties or structures.

4. Minimize the total number of towers within the Borough.

5. Strongly encourage the joint use of existing tower sites or structures as a primary option rather than construction of additional single-use towers.

6. Encourage users of towers and antennas to locate them to the extent possible in areas where the adverse impact on the community is minimal.

7. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening and innovative camouflaging techniques.

8. Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.

B. Permitted Use.

1. Notwithstanding anything in this chapter to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to site plan approval, shall be a permitted use in the H-D Highway Development District, QU Quarry District and B-C Highway Commercial District ("Permitted District") and on high voltage electric transmission towers and water tanks in all districts within the Borough. The installation thereof shall be as inconspicuous as possible.

2. Notwithstanding anything in this chapter to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant proves that no existing tower, structure or alternative technology can accommodate the applicant's need. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.

3. If a Borough property or structure can fulfill the requirements of the applicant's antenna location, the applicant must locate on Borough property or structure, if the Borough consents to such location and the property or structure is within a "permitted district."

4. Each applicant shall present competent proof that it has examined the use of Borough owned properties or structures, minimized the total number of towers and telecommunication antennas within the Borough, examined the joint use of existing tower sites or structures as a primary option rather than construction of additional single-use towers or structures and considered areas where the adverse impact on the community is minimal.

5. A wireless telecommunications tower or wireless telecommunications antenna may be permitted as either a principal use or accessory use. Notwithstanding any other provision of the Code of the Borough of Watchung, a different existing structure on the same lot shall not preclude the installation of a wireless telecommunications tower or wireless telecommunications antenna on such lot.

C. Bulk Standards. An applicant proposing to construct a wireless telecommunications tower shall comply with the following bulk standards:

1. Minimum total lot size (the lot upon which the applicant has leased or purchased a portion thereof for its use) - 2 acres (excluding Borough owned properties or structures)

2. Minimum setback of wireless telecommunications tower from:

a. Any property line - Towers must be set back a distance equal to at least 120% of the tower height from any adjoining lot line

b. Any existing residence - Towers must be set back a distance equal to at least 200% of the tower height from all nonappurtenant buildings

c. Any wireless telecommunications tower - 1,500 feet

3. Minimum setback for equipment compound from any property line - The "permitted district" setback requirements for any principal building

4. Maximum height of wireless telecommunications tower - 150 feet

5. Maximum height of attached antenna - 10 feet beyond the highest elevation of the building or structure on which attached

D. Site Plan Requirements. In addition to the site plan requirements contained in this chapter, the following site plan application requirements apply to the installation of wireless telecommunications towers.

1. Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate to the maximum extent practicable adverse visual impacts through the use of color and camouflaging, screening, architectural treatment, landscaping and other appropriate means which shall minimize the visual impact of such antennas and towers on neighboring residences and the character of the Borough as a whole. All potential visual impacts of the wireless telecommunications installation must be analyzed by the applicant to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility. Wireless telecommunications installations should be located to avoid being visually solitary or prominent when viewed from residential areas or public view.

2. Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that significant viewscapes, streetscapes, and landscapes are not visually impaired. The views of and vistas from architecturally significant structures shall not be impaired or diminished by the placement of telecommunications facilities.

3. The wireless telecommunications equipment compound shall be located and screened from residential areas and the public way.

4. The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence no less than seven (7) feet nor more than eight (8) feet high, as authorized by the approving authority. Such fence shall include a locking security gate. The height of the equipment building shall not exceed nine (9) feet for flat roofs and fourteen (14) feet for pitched roofs and the area of the equipment building shall not exceed two hundred (200) square feet. Fences authorized under this chapter shall be exempt from § 28-502 of the Code of the Borough of Watchung.

5. A wireless telecommunications equipment compound no more than one thousand (1,000) square feet in area may be erected in support of wireless telecommunications antenna but only if:

a. It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield completely the wireless telecommunications equipment compound from view; or

b. When a location completely out of public view is not possible, a landscape buffer not less than twenty (20) feet in width shall be provided outside the fence enclosing the wireless telecommunications equipment compound to shield completely the facility from public view. Landscaping shall include native evergreen and deciduous trees not less than eight (8) feet high at the time of planting. The number of trees to be planted shall be the equivalent of staggered double rows at fifteen (15) feet on center around the compound perimeter.

6. A wireless telecommunications equipment compound shall be maintained in accordance with the site plan approved for it in a serviceable, safe and aesthetically pleasing manner.

7. Noise from the telecommunications equipment shall be less than forty (40) decibels at the property line, except for emergency situations requiring the use of a backup generator.

8. All site plan details required herein for wireless telecommunications towers shall be provided and shall include the property and site boundaries, tower location, existing and proposed structures, including accessory structures, existing and proposed ground-mounted equipment, vehicular parking and access and structures and land use designations on the site and abutting parcels.

9. A landscape plan drawn to scale showing proposed landscaping, including species type size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced. The applicant shall be required to comply with the approved landscaping plan and to maintain the plantings.

10. A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators ("BOCA") International, Inc., Code, or the Electronic Industries Association Telecommunications Industries Association ("EIATIA") 222 Revision F Standards, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended, or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.

11. A binding, irrevocable letter of commitment by the applicant and the property owner to lease excess space on the tower to other potential users at prevailing market rates and conditions. The applicant's counsel shall simultaneously submit a separate opinion of counsel expressing such counsel's opinion as to the enforceability of such binding, irrevocable letter of commitment by the Borough under the laws of the State of New Jersey. A Short Form Memorandum of the letter of commitment shall be recorded with the County Clerk prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.

12. Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.

13. A copy of the lease or deed for the property.

14. A plan which shall reference all existing wireless telecommunications facilities in the Borough, any such facilities in the abutting municipalities which provide service to areas within the Borough and any changes proposed within the following twelve (12) month period, including plans for new locations and the discontinuance or relocation of existing facilities.

15. A three hundred sixty (360) degree drawn perspective or a photo simulation at four (4) locations (at ninety (90) degree increments) of the proposed tower drawn to an appropriate scale.

16. In implementing the National Environmental Policy Act ("NEPA"), the Federal Communications Commission requires applicants to prepare "environmental assessments" for towers that are proposed to be located in certain environmentally sensitive areas, including: officially designated wildlife preserves or wilderness areas; 100-year floodplain; situations which may affect threatened or endangered species or critical habitats; or situations which may cause significant change in surface features, such as wetland fills, deforestation or water diversion. In addition, an environmental assessment must be prepared when sites listed or eligible for listing in the National Register of Historic Places may be affected. That an environmental assessment is required does not necessarily mean the tower cannot be built. It does, however, call for public notice and opportunity to comment on the environmental impacts of the proposed tower. If the Federal Communications Commission, after review of the comments, makes a finding of "no significant impact," the project has cleared NEPA scrutiny.

E. Design Standards.

1. A wireless telecommunications tower shall be designed and constructed to accommodate at least three (3) antenna arrays of separate telecommunication providers (the applicant's and two (2) co-locators).

2. Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information and safety instructions. Such sign shall not exceed two (2) square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.

3. No lighting is permitted except as follows:

a. Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and

b. No lighting is permitted on a wireless telecommunications tower unless required by the Federal Communications Commission or Federal Aviation Administration.

c. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to the surrounding views.

4. Wireless telecommunications antennas and wireless telecommunications towers shall be properly maintained by the owner or lessee to assure their continued structural integrity. The owner of the tower or antenna shall also perform regular maintenance of the structure and of the site as to assure that it does not create a visual nuisance. An independent licensed professional engineer shall submit a written report to the Borough Engineer every two (2) years and/or after tower modification or the addition of any antennas as to the structure of the tower and any related matters.

5. Wireless telecommunications towers, wireless telecommunications antennas and other equipment shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration.

6. Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.

7. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type structure is necessary for the co-location of additional antennas on the tower. Such structures shall employ camouflage technology where appropriate and where required by the approving authority.

8. Wireless telecommunications towers and wireless telecommunications antennas shall be constructed to the Electronic Industries Association Telecommunications Industries Association ("EIATIA") 222 Revision F Standards, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

9. All equipment shall be designed and automated to the greatest extent reasonably possible in order to reduce the need for on-site maintenance and thereby minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible, minimal off-street parking shall be permitted as needed and as authorized by the approving authority.

10. If required by the Borough Engineer, a 20-foot long by 10-foot wide paved apron at the edge or the road with an accompanying curb out.

F. Health Report.

1. Every application shall be accompanied by a health report certifying that the radio frequency emissions from the antennas are within Federal and State guidelines.

2. Where there are multiple carriers at a location, the health report shall discuss the cumulative effect of the radio frequency emissions of all of the carriers.

G. Antenna Modifications; Abandonment.

1. Whenever antennas are modified or replaced, operators of wireless telecommunications facilities shall provide to the Borough a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators ("BOCA") International, Inc. Code and the EIATIA Standard referenced above. Such modifications shall be subject to site plan review and approval.

2. Operators of wireless telecommunications facilities shall notify the Borough when the use of such antennas and/or ancillary equipment is discontinued. Facilities that are not in operational use for wireless telecommunications purposes for a period of six (6) months shall be removed by the operator at its cost. This removal shall occur within ninety (90) days of the end of such six (6) month period. Upon removal, the telecommunication facility site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment. If the above is not accomplished by the operator or owner, the Borough may remove the same at the operator's or owner's expense. The operator shall be required to submit to the Borough Zoning Officer verification of continued use of the facilities as issued by the State and/or the Federal Communications Commission on or about the first of every calendar year or other renewal period. The Borough retains the right to use any abandoned wireless telecommunications equipment on municipal property for its own use.

3. The applicant for the telecommunications tower shall post a performance bond in the amount of an estimate prepared by the Borough Engineer to ensure the removal of the tower.

H. Co-location and Shared Facilities and Sites.

1. Federal Communications Commission licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, co-locating with other existing wireless facilities and accommodating the co-location of other future facilities where technically, practically and economically feasible.

2. The applicant for the telecommunications tower shall ensure that there is sufficient space on the tower for the installation of Borough communications equipment, if necessary.

I. Nonconforming Wireless Telecommunications Sites.

1. Wireless telecommunications sites in existence on the date of the original adoption of this chapter which do not comply with the requirements of this chapter (are nonconforming), are subject to the following provisions:

a. Such nonconforming sites may continue in use for the purpose presently used, but may not be expanded without complying with this chapter, except as provided below.

b. Such nonconforming sites whose structures are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this chapter, unless destruction to the structure is greater than fifty percent (50%), then repair or restoration will require compliance with this chapter.

c. The owner or operator of any nonconforming site may repair, rebuild and/or upgrade (but not expand such site or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological, or communications standards, without having to conform to the provisions of this chapter.

J. Fees. Site plan application fees and escrows for telecommunications installations shall be as follows:

1. If no new tower is proposed, an application fee of two thousand five hundred ($2,500.00) dollars and an escrow fee of two thousand five hundred ($2,500.00) dollars.

2. If a new tower is proposed, an application fee of four thousand ($4,000.00) dollars and an escrow fee of five thousand ($5,000.00) dollars.

28-508 ELECTRIC VEHICLE SUPPLY/ SERVICE EQUIPMENT AND MAKE-READY PARKING SPACES.

[Added 12-22-2022 by Ord. No. 22/09]

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. 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.

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 fifteen (15) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circuit.

2. Level 2 operates on a forty (40) to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit.

3. Direct-current fast charger (DCFC) operates on a sixty (60) amp or higher breaker on a four hundred eighty (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 2 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 (C.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 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 Borough Engineer and/or Zoning Officer shall enforce all signage and installation requirements described in this ordinance. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Watchung's land use regulations.

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

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 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 (5) 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 fifteen (15%) percent of the required off-street parking spaces, and install EVSE in at least one-third of the fifteen (15%) percent of Make-Ready parking spaces;

b. Within three (3) years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original fifteen (15%) percent of Make-Ready parking spaces; and

c. Within six (6) years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original fifteen (15%) percent of Make-Ready parking spaces.

d. Throughout the installation of EVSE in the Make-Ready parking spaces, at least five (5%) 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 (1) Make-Ready parking space if there will be 50 or fewer off-street parking spaces.

b. Install at least two (2) Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.

c. Install at least three (3) Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.

d. Install at least four (4) 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 four (4%) percent of the total parking spaces as Make-Ready parking spaces, at least five (5%) 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.

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 Section 28-607.

2. A parking space prepared with EVSE or Make-Ready equipment shall count as at least two (2) parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than ten (10%) percent 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 Section 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 (9') feet wide or eighteen (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 Borough Police Department and enforced in the same manner as any other parking regulation. 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 Chapter 1, Section 1-5. 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 Borough of Watchung's applicable zoning 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 twenty-four (24") inches from the face of the curb. Any stand-alone EVSE bollards should be three (3') to four (4') feet in height 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 thirty-six (36") inches and no higher than forty-eight (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 Borough of Watchung 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 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: In addition to any parking fees, there may be a fee to use parking spaces within the municipality identified as EVSE spaces at a rate per hour or per kWh that the electric vehicle is connected to the EVSE. This fee shall be established and amended by a resolution adopted by the Borough Council.

b. 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.