[Ord. No. 643; readopted by Ord. No. 2020-1235]
Off-street parking space shall be provided as further specified in this Ordinance, and shall be furnished with necessary passageways and driveways.
Parking for residential dwellings shall comply with NJ RSIS parking standards listed under N.J.A.C. 5:21-4.14, unless otherwise stated in Chapter 31 Article 8.
a. 
All parking areas, passageways and driveways shall be surfaced with a dustless, durable, all-weather pavement (asphalt, bituminous or concrete or equivalent), clearly marked for vehicle spaces, properly graded and adequately drained, all subject to the approval of the Borough Engineer.
b. 
The site plan filed pursuant to Chapter 30, Land Development Ordinance, shall designate the areas to be used for off-street parking, passageways and driveways, and the dimensions thereof.
c. 
Except as provided in subsection 31-801.2d hereof, or as may be permitted in Section 31-803, all parking spaces shall be provided on the same lot as the use to be served by said parking area.
d. 
For business uses in the commercial districts, collective off-street parking areas for two or more buildings or uses located on adjacent lots may be permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users, and provided, further, that no parking space located more than 300 feet from a building may be counted as providing a parking space for that building.
e. 
Except as may be otherwise specifically provided in the regulations of this Ordinance, parking areas may be located in any yard space for business uses, and in any yard except the front yard for other than business uses, but shall not be closer than 50 feet to any street line or 10 feet to any property line. (This paragraph e does not apply to any permitted non-residential use in any residential district.)
f. 
Except as may be otherwise specifically provided in this Ordinance not more than two driveways, of not less than 20 feet nor more than 30 feet in width used as a means of ingress and egress for non-residential off-street parking areas shall be permitted for each 200 feet of frontage on a public street, nor shall any driveway be located closer than 50 feet to the intersection of the right-of-way lines of two public streets.
g. 
1. 
All parking areas must provide curbing of concrete or equivalent, at least seven inches above the parking surface, along the outer perimeter of the parking area, as designated by the Planning Board. Where a fence is required the curbing shall run parallel to the fence and at a distance of five feet from said fence.
2. 
When the parking area adjoins a residential district, the following regulations shall also apply:
(a) 
When a parking area for four or more vehicles adjoins a residential district, a planted buffer strip, as defined in subsection 31-1001.1 at least 10 feet wide shall be provided between the parking area and the adjoining property.
(b) 
A fence shall be erected as provided in subsection 31-1001.1b.
h. 
All parking areas and appurtenant passageways and driveways serving business uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided to deflect light from adjacent residential uses so that no glare is perceptible beyond the property lines.
i. 
Off-street parking areas located in the C Commercial District, and which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Planning Board in accordance with the same standards set forth in Chapter 30, Land Development Ordinance. The shade trees shall be located in a planned manner within the parking area in quantity not less than one shade tree for every 20 parking spaces.
j. 
Parking spaces shall be provided as follows:
1. 
Barber and beauty shops - two spaces per chair plus one additional space for each employee.
2. 
Banks, financial, and business offices and professional offices - one parking space for every 150 square feet of gross floor area or major fraction thereof; home professional office - one parking space for every 150 square feet of gross floor area or major fraction thereof, devoted to such home professional office use, which shall be in addition to the off-street parking space required for the residential use under subsection 31-801.1.
3. 
Shopping centers and shopping malls - one parking space for every 200 square feet of gross floor area or major fraction thereof.
4. 
Supermarkets, self-service food stores - one parking space for every 100 square feet of gross floor area or major fraction thereof.
5. 
Laundromats - one parking space for every two washing machines.
6. 
Motor vehicle sales and service - one parking space for every 200 square feet of gross floor area or major fraction thereof.
7. 
Restaurants (Indoor service only) - one parking space for every four seats for customers, plus one space for every two employees.
8. 
Bowling alleys - five parking spaces for each bowling lane.
9. 
Auditorium, churches, theaters, stadiums, assembly halls, and similar places of public and quasi-public assembly having fixed seating facilities - one parking space for every three seats in the main assembly unit.
10. 
Auditorium, exhibition halls, assembly halls, union halls, community centers, and similar places of public and quasi-public assembly not having fixed seating facilities - one parking space for every three persons who may legally be admitted therein at one time under the State Fire Code.
11. 
Indoor entertainment for profit establishments and bars and taverns - one parking space for every three persons who may legally be admitted therein at one time under the State Fire Code.
12. 
Hospitals, nursing homes, and similar institutional sues for care of the ill or aged - one parking space for every four beds, plus one additional parking space for every two employees and members of the staff in the two largest working shifts.
13. 
Mortuaries and funeral homes - two parking spaces for every 50 square feet of floor area.
14. 
Non-office public utility installations - five spaces.
15. 
Parks and other outdoor recreation sites - five parking spaces for each gross acre of land up to 50 acres, and one parking space per gross acre of land above 50 acres.
16. 
Industrial uses: Parking shall be provided as follows: one parking space for each 1,000 square feet of building area, plus one parking space for each employee, determined by the maximum number of employees on the premises at any one time, plus five parking spaces. In determining the number of employees, in any case where shift work is involved, where a shift of workers will arrive at the premises before work to relieve a shift that is to depart the site, the number of parking spaces to be provided shall be computed on the basis of the total number of employees on the two largest work shifts.
17. 
Stores for the retail sale of furniture - one parking space for every 500 square feet of gross floor area or major fraction thereof.
18. 
As to any use not specified above, or not otherwise provided for in this Ordinance, provision shall be made for two square feet of parking area for each square foot of floor area in the permitted building.
k. 
Where a property or building is used or occupied for more than one of the uses above set forth or otherwise provided for in this Ordinance, the number of parking spaces provided shall be the total required for all such uses contained on said property or in said building, as the case may be.
l. 
The minimum number of parking spaces required by this Ordinance shall be kept current with any changes in size or use of a building or property and/or number of employees, as the case may be, in addition to the requirements of a Certificate of Occupancy set forth in subsection 31-1204b of this Ordinance. In any case where there is an increase in the size of any building or number of employees, or change in the use of any land or buildings, the occupancy shall immediately report such information to the Zoning Officer who, in conjunction with the Planning Board, shall review such increase to ascertain if additional parking spaces shall be required by reason of such increase or change. In the event any such increase or change shall require additional parking spaces, the same shall immediately be provided; compliance shall be evidenced by a Certificate of Occupancy, and in the event of noncompliance the prior Certificate of Occupancy shall be revoked and the owners, tenants and other parties in interest shall be subject to the penalties of this Ordinance for operation and/or use without a Certificate of Occupancy.
m. 
All off-street parking areas, passageways, and driveways shall be subject to the approval of the Zoning Officer and Planning Board to ensure their adequacy, their relation to traffic safety, protection of the adjacent properties, whether residential or otherwise, and conformity to the requirements of this subject to the standards set forth in this Ordinance.
n. 
In any Business or Industrial District, parking spaces shall be no closer than 10 feet to any building.
For every building, structure or part thereof having 5,000 square feet or more gross building area, erected and occupied for commerce, manufacturing, storage, goods display, retail store, wholesale store or warehouse, distribution center, market, restaurant, laundry, dry cleaning, place of public or quasi-public assembly, industry, or other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained, adequate space for standing, loading, and unloading services in order to avoid undue interference with the public use of streets or alleys, and with areas designated for parking and their passageways and driveways, in accordance with the following standards:
a. 
Every such building, structure or part thereof having at least 5,000 square feet of gross building area, as aforesaid, but less than 10,000 square feet of such gross building area, there shall be provided at least one truck standing, loading and unloading space on the premises, not less than 12 feet in width, 65 feet in length, and 14 feet in height.
b. 
For each additional 25,000 square feet of gross building area as aforesaid, or fraction thereof, there shall be provided one additional truck standing, loading and unloading space having the foregoing minimum dimensions.
c. 
No such truck standing, loading, or unloading space shall be in front of not visible from the front of any building, and no loading or unloading shall be conducted in front of any building.
Access to truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience, and will permit orderly and safe movement of truck vehicles.
Loading space as required under this Section 31-802 shall be provided in an area in addition to off-street parking space and shall not be considered as supplying off-street parking space.
Off-street loading and unloading areas shall be surfaced with a dustless, all-weather pavement (asphalt, bituminous, concrete or equivalent), which shall be adequately drained, all subject to the approval of the Borough Engineer, and subject to the posting of performance guarantees as set forth in this Ordinance.
The number of off-street parking spaces or off-street loading and unloading spaces to be installed initially as required by the provisions of Sections 31-801 and 31-802 for building types or uses other than dwellings or residences, may be reduced provided that:
a. 
A special permit is obtained from the Planning Board in accordance with the provision of this Section.
b. 
The reduced number of off-street parking or loading spaces to be installed shall not be less than the minimum number found by the Planning Board to be needed to serve adequately the use or prospective use of the building in the light of the occupancy thereof, customers, employees, traffic in connection therewith, and such other factors as are relevant to parking generated thereby.
c. 
An off-street parking plan providing for not less than the number of parking spaces required by the applicable subsections of Section 31-801 shall be submitted and, if approved, shall become part of any special permit. That part of such parking layout that represents parking spaces or loading spaces in excess of the reduced number to be installed pursuant to special permit, which excess is not to be installed initially, shall not be encroached upon by buildings or other structures, shall remain readily available for future construction and installation of off-street parking, and shall be maintained in its natural state or with such landscaping as shall be required or approved by the Planning Board.
d. 
The applicant shall enter into a written agreement with the Borough by which the applicant agrees to construct and install all or any part of such additional off-street parking at any time or times if the Planning Board, after receipt of a complaint from the Zoning Officer or from any interested person, shall by resolution determine to require such construction and installation, and shall so notify the owner of the premises. The agreement shall also provide that the owner shall maintain the area to be covered by the excess parking space in the manner required by the Planning Board pursuant to this subsection 31-803.1d and that if the owner shall fall to so maintain such area, or fall to construct and install required off-street parking or loading spaces after notice to do so, the Borough shall have the right to enter upon the premises and to cause such maintenance to be performed or such off-street parking to be constructed thereon. The agreement shall further provide that if such maintenance or construction by the Borough becomes necessary, the cost of such, after procedure as required by law, shall become and be a lien on the premises, enforceable and collectible in the same manner as municipal improvement assessments. The form of the agreement shall be subject to approval of the Borough Attorney and shall become a part of any special permit issued.
Any owner or group of owners of a non-residential building or buildings located not more than 300 feet apart in any C or I Zone district may apply for a reduction in the parking requirements of each individual use and to utilize the "shared parking" concept to establish the overall parking requirements for the entire property or properties, provided that:
a. 
A special permit is obtained from the Planning Board after the filing of a "shared parking" application.
b. 
In considering a "shared parking" application, the Planning Board shall follow the procedure for granting relief under 40:55D-70[b].
c. 
There shall be filed with the "shared parking" application, the site plan containing all information required by Chapter 30, Land Development Ordinance. If, approved, the site plan shall become a part of the "shared parking" special permit.
d. 
There shall be filed with the "shared parking" application, five copies of a "shared parking" study prepared by a qualified traffic engineer or transportation planner. If approved, the "shared parking" study shall become a part of any special permit issued. The filing of the written study does not relieve the applicant from the necessity of presenting oral testimony at the time of the hearing on the application. The study shall set forth all criteria used, including peak unit ratios, parking utilization for each unit by half hour periods, parking accumulation totals for each half hour period, employee parking requirements, and any other criteria used in developing the "shared parking" recommendation. Any technical articles, learned treatises or other authorities cited or relied upon shall be listed by title, author, date of publication and address from which copies may be obtained.
e. 
The applicant shall enter into a written agreement with the Borough to limit and restrict the uses placed or to be placed upon the subject property so that the "shared property" provided will not be overutilized. The written agreement shall provide that upon complaint from the Zoning Officer or from any interested person, the Planning Board may limit the number, type or extent of uses on the premises, or the hours of operation of the uses on the premises, so that the "shared parking" will not be over-crowded. The agreement shall also provide that the covenants and undertakings of the applicant will be binding upon its successors and assigns, and also upon its tenants, subtenants and all other persons acquiring any interest in or possession of the premises. The agreement shall be in recordable form and shall be subject to the approval by the Borough Attorney as to form. The agreement shall become a part of any special permit issued by the Planning Board. The failure of the applicant to abide by the terms of the agreement shall constitute a violation of the relief granted, which violation may be prosecuted under Article 13, Violation and Penalties, of this Ordinance.
f. 
The Planning Board shall have the power, in connection with the grant of such "shared parking" special permit, to impose conditions upon the applicant relating to the types of occupancies to be upon the premises, the nature of all commercial uses and their hours of operation. The Planning Board shall have the power to prohibit certain uses or occupancies if the projected parking requirements of the uses or occupancies would overutilize the "shared parking" available.