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.
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.