Article VIII Off-Street Parking and Loading

Parallel to 30° angle parking: fourteen-foot aisle width.

Thirty-one- to 45° angle parking: sixteen-foot aisle width.

Forty-six- to 60° angle parking: twenty-foot aisle width.

Sixty-one- to 90° angle parking and access drives: twenty-four-foot aisle widths.

§ 400-55 Off-street parking in residential districts.

Only one-way traffic circulation shall be permitted in aisles exhibiting a width of 20 feet or fewer.

Ingress and egress drives, including access to off-street parking in nonresidential zones, shall be so designed that traffic is not routed through any adjoining residential zone.

Sidewalks, where constructed along the building, shall be located not less than five feet from the building, unless landscaping beds of a minimum depth of five feet are located along 50% of the length of the building to which the sidewalk is adjacent. Where sidewalks adjoin a parking area or access drive, the sidewalks shall be constructed six inches above the surface of the parking area or access drive.

[Amended 1-31-2012 by Ord. No. 2012-1350]

All new uses or expansion of existing uses in nonresidential districts shall be required to provide curbs, sidewalks and shade trees within the street right-of-way. All such facilities shall be installed in accordance with Borough specifications.

Within every parking area of 10,000 square feet or more, provision shall be made for landscaped islands constituting no less than 5% of the total parking area. For every 10 spaces, one shade tree within the parking area or within five feet of the curb or edge of the parking area shall be planted. For the purposes of this section, parking areas will be considered continuous unless they are separated by a building or landscaped area at least 50 feet in width.

[Amended 1-31-2012 by Ord. No. 2012-1350]

Any owner or group of owners of a retail business building or buildings may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirements of each owner participating therein, and further provided that such jointly sponsored facilities comply with all of the other requirements of this chapter.

The amount of off-street parking area required to be imposed may be reduced by the Planning Board if it can be clearly demonstrated by the applicant that the total parking area is not necessary; provided, however, that the entire area of the required parking shall, nevertheless, be provided as part of the lot coverage, and provided that the developer can demonstrate to the Board that the required parking can be developed on site within the letter and spirit of the applicable ordinances of the municipality.

[Amended 11-10-1981 by Ord. No. 81-740]

Each off-street parking area created shall be subject to the approval of the Planning Board to ensure its adequacy with respect to traffic safety, vehicular circulation, access and impact on adjoining properties. To this end, parking spaces shall, wherever possible, be located other than along major accessways to the site.

[Amended 11-10-1981 by Ord. No. 81-740]

No vehicle other than a passenger automobile shall park in any off-street parking area between the hours of 11:00 p.m. and 5:00 a.m., unless the same is screened from view in such manner as may be provided by an approved development plan. No commercial repair work or service of any kind shall be conducted on such parking lots. No sign other than as may be permitted by § 400-62 et seq. shall be maintained. A property owner (or his representative) may assert as a defense to a violation of this section that the violation was committed without the knowledge or permission of the property owner or owner’s agent. Notwithstanding the foregoing, and in addition to any penalty provided for violation of this section set forth in § 400-13 of this chapter, a separate violation may be issued to any person, company, corporation, proprietorship, partnership, association or other business entity who has parked or is responsible for parking or who owns or controls a vehicle in violation of this section, which individual or entity shall be subject to the penalties provided in Article I, General Penalty, of Chapter 1.

[Amended 11-10-1998 by Ord. No. 98-1102; 12-29-1998 by Ord. No. 98-1110; 5-31-2011 by Ord. No. 2011-1341]

Change in use. Whenever in a building erected after the effective date of this chapter there is a change in use or a change in the number of employees, or an increase in floor area, or in any other unit of measurement as is hereinafter set forth, then and in that event, no additional parking facilities shall be required, except that if such change or increase requires an increase of more than 15% in off-street parking facilities, then and in that event, such parking facilities shall be provided as herein required. If by reason of the provisions of this chapter no parking facilities are required and such change or increase creates a need for such parking facilities in accordance with this chapter, then and in that event, such parking facilities shall be furnished as herein required by this chapter.

Fractional space. When units or measurements determining the number of parking spaces result in a requirement of a fractional space, the fraction shall require one additional parking space.

Nonavailability. At any time that the required off-street parking facilities cease to be available as required, the certificate of occupancy for the building or buildings built in conjunction with such parking areas shall be canceled and become null and void.

Charges. There shall be no charge made for the use of off-street parking facilities. No cars other than self-propelled passenger vehicles shall be permitted to use any of the off-street parking facilities herein required, and no service of any kind shall be extended to the vehicle occupying such off-street parking facilities, except for emergency purposes.

Roof parking is prohibited throughout Montvale. Except as provided for in § 400-55, the establishment, erection and construction of parking structures or tiers intended to provide multilevel parking are prohibited. Underground parking shall be considered as part of the improved area of the lot on which it is situate.

[Amended 1-31-2012 by Ord. No. 2012-1350]

Parking shall be limited to spaces designated and approved for the purpose. No parking shall be permitted on and along accessways or traffic isles. This provision is intended to reaffirm and consolidate the policy of the municipality established elsewhere in this chapter. A property owner (or his representative) may assert as a defense to a violation of this section that the violation was committed without the knowledge or permission of the property owner or owner’s agent. Notwithstanding the foregoing, and in addition to any penalty provided for violation of this section set forth in § 400-13 of this chapter, a separate violation may be issued to any person, company, corporation, proprietorship, partnership, association or other business entity who has parked or is responsible for parking or who owns or controls a vehicle in violation of this section, which individual or entity shall be subject to the penalties provided in Article I, General Penalty, of Chapter 1.

[Added 11-10-1981 by Ord. No. 81-740; amended 5-31-2011 by Ord. No. 2011-1341]

[Amended 7-13-1993 by Ord. No. 93-951; 1-31-2012 by Ord. No. 2012-1350]

Parking for residential uses shall comply with the standards of the Residential Site Improvement Standards at N.J.A.C. 5:21.

Nonresidential uses of public congregation shall provide one off-street parking space for every two persons to be accommodated at any one given time. Other nonresidential uses permitted in the residence district shall provide one off-street parking space for each 200 square feet of floor area devoted to such nonresidential use, which space(s) shall be in addition to parking required for residential use. The off-street parking facilities required for all residential districts shall be on the same plot or parcel of land as the buildings they are intended to serve.

§ 400-56 Off-street parking for multifamily residential uses

[Amended 1-31-2012 by Ord. No. 2012-1350]

The off-street parking facilities for all multifamily residential uses shall be on the same plot or parcel of land as the buildings they are intended to serve.

Except as otherwise provided herein, the off-street parking facilities for all multifamily residential uses shall comply with all of the provisions of the general requirements for nonresidential districts set forth in § 400-54.

§ 400-57 Off-street parking in B-1 and B-2 Business Districts.

In the B-1 and B-2 Business Districts, there shall be one off-street parking space for each 200 square feet of floor area. All parking areas shall be well-screened to a minimum height of four feet by the use of appropriate plantings of sufficient height and density so as to obscure the view of such parking areas from all streets and adjacent properties.

Notwithstanding anything herein to the contrary, no parking shall be located less than 15 feet from a boundary line of a residential district except where such boundary line lies in the bed of a mapped street.

[Amended 1-31-2012 by Ord. No. 2012-1350]

Front yard parking shall be permitted but not within 10 feet of any of the following: a front property line; a front boundary line; an adjacent public street; an adjacent public right-of-way; or a public easement lying wholly or partially within the front yard of the property.

[Amended 9-12-1995 by Ord. No. 95-1008; 1-31-2012 by Ord. No. 2012-1350]

Any establishment which engages in the serving of food and/or beverage for consumption on and/or off the premises shall provide one off-street parking space for every three seats provided and, in addition thereto, one parking space for every 10 square feet of floor area made available to customers for off-premises consumption services.

[Added 4-14-1998 by Ord. No. 98-1087]

§ 400-58 Off-street parking in OR-1, OR-2, OR-3 and OR-4 Districts.

[Amended 11-10-1981 by Ord. No. 81-740; 1-31-2012 by Ord. No. 2012-1350]

Except for fitness centers and hotels, as pursuant to § 400-59, and for assisted living residences pursuant to § 400-24E(3), all uses in the OR-1, OR-2, OR-3 and OR-4 Office and Research Districts shall provide a minimum of one parking space for each 300 square feet of building floor area and a maximum of one parking space for every 200 square feet of building floor area.

[Amended 2-28-2017 by Ord. No. 2017-1423]

Except as provided for in § 400-59C:

No more than 15% of the total number of parking spaces provided on the lot shall be permitted in the front yard, and shall be utilized primarily for visitors' parking, and no more than 15% of the maximum permitted lot or impervious surface coverage shall be devoted to parking areas in the front yard inclusive of parking spaces, aisles and driveways; and

No front yard parking areas or access drives shall be located closer than 75 feet to the front property line.

Notwithstanding anything herein to the contrary, no on-surface parking, driveways or accessways shall be located less than 50 feet from a boundary line of a residential district except where such boundary line lies in the bed of a mapped street. The location of multilevel parking garages, in relation to property lines and adjacent uses and zones, shall meet the minimum requirements of § 400-58E.

[Amended 2-28-2017 by Ord. No. 2017-1423]

On sites designated as corner lots, parking shall be permitted in the front yard where such yard does not lie adjacent or opposite to the main entrance to the building, provided that at least one front yard is designated and to the extent that such parking does not extend beyond the building wall associated with such remaining front yard in accordance with the setback requirements established in this article; provided, however, that the setback from the front property line as defined in this chapter shall not be less than 50 feet.

Multilevel parking garages shall be permitted subject to the following requirements:

[Amended 2-28-2017 by Ord. No. 2017-1423]

No multilevel parking garage shall be permitted on a lot that is smaller than five acres in size.

For the purposes of calculating floor area ratio (FAR), the floor area of multilevel parking garages shall not be counted towards the maximum permitted FAR within the district.

The aggregate floor area of all levels of such multilevel parking garages, excluding that level at or nearest the finished grade, shall not exceed 20% of the total lot area.

The maximum permitted lot coverage shall be reduced by one percentage point, or proportion thereof, for each five percentage points calculated in § 400-58E(3) above.

§ 400-59 Supplementary requirements for fitness centers and hotels.

No more than one multilevel parking garage structure shall be permitted per lot, except that a second multilevel parking garage shall be permitted on a lot that exceeds 15 acres in size.

(6)

No multilevel parking garage shall exceed two levels above grade surface parking. The height of the multilevel parking garage shall be at least five feet lower than the height of the principal building on the lot. Nothing contained in this Subsection E(6) is intended to limit the number of cellar levels of a multilevel parking garage. Notwithstanding the foregoing, a multilevel parking garage that is built into a slope may have a maximum of three levels above grade surface parking on the downhill side; provided, however, that the uphill side of the garage shall remain limited to two levels above grade, and the highest point of the downhill side shall not exceed the highest point of the uphill side.

(7)

A roof shall not be required to cover the top level of the multilevel parking garage, provided that a parapet or similar structure is provided around the entire perimeter of the top level. Such parapet or similar structure shall be sufficiently tall to screen all permanently fixed structures, such as stairways or mechanical space, as well as parked vehicles which are to be located on the top level, when viewed from the front, side or rear lot lines.

(8)

The minimum required setbacks for multilevel parking garages, which may be attached or detached from the principal building, shall be the same as that required for a principal building in that district. However, if the lot on which the multilevel parking garage is to be built adjoins a residential district, the setback from the property line adjoining the residential district shall be increased by an additional 50 feet.

(9)

A multilevel parking garage may be attached to a principal building or may be connected to the principal building by roofed bridges or other similar covered walkways. The floor area of such bridges or walkways shall be excluded from the calculation of maximum permitted floor area ratio and the required yard setbacks in the zone, provided such roofed bridges or walkways are no closer than 25 feet to a property line.

(10)

No detached multilevel parking garage shall be located more than 100 feet from the principal building.

(11)

A multilevel parking garage shall be architecturally consistent or compatible with the principal building, and all exposed exterior walls and appurtenances shall be faced with finished materials such as brick or masonry and the like. No more than 50% of any exterior facade shall be open, and a solid wall of not less than 3 1/2 feet in height above each floor level along the exterior of each level of the multilevel garage shall be provided.

(12)

A solid-screen vegetated buffer of at least 15 feet in width shall be provided and maintained between the multilevel parking garage and any rear or side lot line.

(13)

On the top level of any above-grade multilevel parking garage, no light stanchion shall be located within 40 feet of the façade wall of the multilevel parking garage. Lighting for that portion of the top level of the multilevel parking garage in which light stanchions are not permitted may be provided by fixtures mounted below the top of the parapet wall. All light fixtures shall be so arranged and shielded so as to reflect light downward and away from all adjoining properties, residential districts and streets. Illumination levels on the top level of a multilevel parking garage shall be reduced to code-minimum egress levels 1/2 hour before the use it serves is closed and no earlier than 1/2 hour before it opens, but in no event shall it exceed code-minimum levels between 11:00 p.m. and 5:30 a.m. Light fixtures used to provide code-minimum egress lighting after hours shall not be mounted above the top of the parapet wall.

(14)

Section 400-54, Subsections B and K, shall not apply to multilevel parking garages.

(15)

Landscaping or berming or a combination thereof shall be provided around the perimeter of a multilevel parking garage, except for those portions of perimeter walls that face a principal building or those portions of the multilevel parking garage which are used for access to the parking garage. The height of such landscaping and berming shall be a minimum of eight feet and may consist of existing and new plant material.

(16)

No above-grade multilevel parking garages shall be permitted above or below habitable space of the principal building. No parking levels of cellar parking garages located below habitable space of the principal building shall be visible above the finished grade of the lot upon which it is situated.

(17)

Relief from the requirements of this § 400-58E shall be treated as a "c" variance pursuant to N.J.S.A. 40:55D-70c.

[Added 1-31-2012 by Ord. No. 2012-1350]

Fitness centers in the OR-4 District shall provide a minimum of one parking space for each 250 square feet of gross floor area and a maximum of one parking space for each 150 square feet of gross floor area.

Hotels in the OR-4 District shall provide a minimum of one parking space per hotel room or 0.75 spaces per hotel room, plus one space per three seats for any restaurant, conference or meeting room within the hotel, whichever is greater.

Parking in the front yard shall be permitted, but shall be limited to visitors only, and shall not be located closer than 25 feet to the front of the property line.

The maximum impervious lot coverage shall be 50% utilizing standard impervious parking techniques for all paved surfaces. However, alternative porous paving systems may be used to attain a total lot coverage of 70%, with no more than 50% of the lot coverage being impervious surface and up to 20 additional percent of the lot coverage being pervious paving surfaces.

[Amended 2-28-2017 by Ord. No. 2017-1423]

The following paving types shall be counted as alternative porous paving systems:

Pavers, over a pervious base or turf blocks, both of which are suitable for pedestrian-only surfaces, or overflow parking areas and emergency-only accessways; and

§ 400-61 Electric vehicle supply/service equipment

Porous pavement, suitable for more general and heavier-use vehicular surface applications. Upon approval, an approved, bonded maintenance plan incorporating best management practices shall be required for all pervious surface areas, to minimize siltation of porous paving areas.

In the OR-4 Zone, the maximum height of fitness centers shall be three stories and 45 feet, whichever is less, and the maximum height for hotels shall be four stories and 60 feet, whichever is less. The maximum height of accessory structures for these uses, such as water slides, umbrellas, lifeguard stations, playground equipment and similar installations, shall be 20 feet.

§ 400-60 Off-street loading.

An off-street loading area shall be provided for the loading and unloading of trucks, subject to the following limitations.

In all nonresidential districts, an off-street loading area shall be provided for the loading and unloading of trucks. However, where an applicant provides credible evidence that a particular nonresidential use does not require a dedicated loading space or spaces for such purposes, the Planning Board may waive such a requirement without having to apply the standards for a "c" variance pursuant to N.J.S.A. 40:55D-70c. No loading or unloading shall be permitted in the front yard. Loading and unloading areas and driveways giving access thereto shall be surfaced with asphalt, bituminous or cement binder and shall be drained to dispose of all surface waters. All outdoor off-street loading and unloading areas shall be well-screened to a height of eight feet by the use of appropriate landscaping so as to obscure the view of such areas from all adjacent streets and properties.

[Amended 1-31-2012 by Ord. No. 2012-1350]

[Added 6-25-2024 by Ord. No. 2024-1556]

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:

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

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

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

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.

Definitions.

CERTIFICATE OF OCCUPANCY

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

CHARGING LEVEL

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

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

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

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE

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

ELECTRIC VEHICLE

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

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 (N.J.S.A. 48:25-1 et seq.).

PRIVATE EVSE

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

PUBLICALLY 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.).

Approvals and permits.

A zoning permit application 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.

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 Subsection C(1) above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Zoning Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Montvale's land use regulations.

An application 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:

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;

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

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

(6)

An EVSE parking space application pursuant to Subsection C(5) above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application. 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.

(7)

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.

Requirements for new installation of EVSE and make-ready parking spaces.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of make-ready parking spaces; and

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

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

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.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:

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

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

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

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

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

(f)

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

(g)

(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.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to the requirements of the zoning district in which they are located.

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

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.

Reasonable standards for all new EVSE and make-ready parking spaces.

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.

EVSE and make-ready parking spaces shall comply with the setback requirements applicable to off-street parking areas for the zoning district in which they are located.

All EVSE and make-ready parking spaces within parking garages or enclosed parking structures shall be located within 50 feet of the vehicular entrance to the garage or structure. In addition, all such buildings shall have at least one care fire blanket for use on electric vehicle fires located at the entrance to such garage or parking structure.

Where practically feasible, EVSE and make-ready parking spaces shall be located a minimum of 75 feet from any wood-frame building or other structure made of combustible material.

Installation.

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.

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

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.

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.

The EVSE and make-ready parking spaces required in Subsection E, above, shall be monitored and enforced by the Borough's Zoning Official.

EVSE parking.

Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE while parked in such spaces. Property owners shall propose a reasonable plan or technological solution to ensure compliance with this requirement.

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.

Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space, or any electric vehicle parked and not connected to the EVSE, shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Code. Signage indicating the penalties for violations shall comply with Subsection F(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.

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

Overnight parking at EVSE spaces located on nonresidential properties (excluding Borough-owned property) shall not be allowed. The owner/operator of the EVSE shall implement restrictions that prohibit charging between the hours of 11:00 p.m. and 5:00 a.m.

(f)

All EVSE equipment shall clearly indicate upon a visual inspection whether the vehicle present is actually being charged. If the vehicle is not being actively charged, it must be readily apparent upon a visual inspection when the vehicle's active charging concluded.

Safety.

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by painted lines, a painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Any stand-alone EVSE bollards should be three- to four-feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

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

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.

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.

(f)

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

Signs.

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.

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.

Wayfinding or directional signs shall not be permitted.

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.

Neon signs and exterior lighting of EVSEs shall not be allowed. Lighting for the EVSE and its user interface, including but not limited to buttons and touch screens, shall be no brighter than necessary to allow safe operation by the user. All signage must comply with Chapter 250 of the Borough Code, entitled "Lighting."

(6)

Usage fees.

For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be established by resolution for each hour or kWh that the electric vehicle is connected to the EVSE.

This fee may be amended by a resolution adopted by the governing body.