A.
All developments shall conform to design standards
encouraging sound development patterns within the Township. Where
an Official Map or Master Plan have been adopted, the development
shall conform to them.
B.
Land identified in the Master Plan or Natural Resources
Inventory as environmentally critical and unsuitable for development
due to flooding, improper drainage, shallow depth to water table,
steep slopes, utility easements or similar problems shall not be designed
for development unless adequate and acceptable methods are formulated
to address the problem.
C.
Specific design considerations may be referred to
the Design Review and Beautification Committee[1] for an advisory review by the Planning Board, the Zoning
Board of Adjustment, the Construction Official and the Site Plan Review
Committee.
[1]
Editor's Note: Said Committee was dissolved 12-15-2009 by
Ord. No. 2612-09.
No access to a nonresidential use in a nonresidential
zone shall be permitted by ingress or egress through a residential
zone.
A.
Any accessory building attached to a principal building
is considered part of the principal building and shall adhere to the
yard requirements for the principal building.
B.
The distance from an accessory building to a side
property line shall not be less than the side yard requirement of
the principal building.
C.
A garage erected in the rear yard shall be placed
no less than four feet from the rear property line. If the lot has
a greater depth than 150 feet, the garage may be located as though
the lot had a depth of only 150 feet. A preexisting nonconforming
detached garage may be rebuilt as of right in the event of destruction
or desire to modernize, provided that the newly constructed garage
does not increase any nonconformity with current ordinance requirements
that exist with the preexisting nonconforming garage.
[Amended 5-7-2013 by Ord.
No. 2720-13]
D.
The distance from an accessory building to a principal
building shall not be less than 10 feet, nor less than six feet from
another accessory building.
E.
Accessory buildings and structures in residential
districts shall not exceed 16 feet in height and may occupy no more
than the equivalent of 25% of a required rear yard or 900 square feet,
whichever is smaller.
F.
Accessory buildings shall be located in the side or
rear yard only. On a corner lot, the setback from each street shall
be no less than the setback for the principal building.
G.
In all zones other than residential zones, accessory
buildings shall meet the height and setback requirements of the principal
building.
H.
A receiving dish antenna or satellite receiving station
shall be considered an accessory structure. It shall be no more than
six feet in height, including the supporting structure. It shall be
located in the rear yard only. On corner lots which have no defined
rear yard, it shall be located in a side yard a minimum of two times
the required front setback from the street line. This type of structure
shall not be mounted on the principal building or on an accessory
building. It shall be screened from view from adjoining properties
and streets by evergreen planting, which shall be at least six feet
in height at the time of planting. There shall be no more than one
receiving dish antenna per lot. A transmitting dish antenna is not
a permitted use.
I.
A structure (whether attached to a building or detached)
used as a radio antenna (including the base, the tower boom and the
antenna), hereafter the "radio antenna structure," may be an overall
maximum of 40 feet in height, provided that the height of the radio
antenna structure (not including the residence with respect to an
attached structure) shall in no event exceed 1.1 times the distance
from the nearest property line. A radio antenna structure may have
an additional 20 feet in height, up to a maximum of 60 feet total
height, upon the issuance of a conditional use permit by the approving
authority; provided, however, that the applicant complies with the
following standards:
(1)
The radio antenna structure is set back from the nearest
lot line not less than 1.1 times the height of the antenna.
(2)
The radio antenna structure is located in the rear
yard.
(3)
The approving authority grants site plan approval.
Among the factors to be considered by the approving authority as part
of site plan and conditional use approval are the precise location
of the radio antenna structure and the adequacy of screening of the
structure.
J.
Solar collectors shall be permitted either as detached structures
or attached to an accessory or principal building.
[Amended 3-20-2018 by Ord. No. 2895-18]
(1)
A detached solar collector shall be:
(a)
Permitted in the rear yard only;
(b)
Prohibited in the front and side yards, except on corner lots
which have no defined rear yard, it may be located in a side yard
at a minimum of two times the required front setback from the street
line;
(c)
Conform to all rear and side yard setback requirements of an
accessory structure;
(d)
Be no more than six feet in height, including the supporting
structure; and
(e)
Be counted as a structure for purposes of calculating lot coverage.
(2)
If they are attached to an accessory or principal building, they
shall be considered a part of the building and they shall not exceed
the height limits established under this chapter. Solar collectors
shall be submitted to the Construction Official for review and approval.
[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No.
1823]
All matters related to the implementation of
the Fair Share Compliance Plan, including but not limited to contributions
to the Housing Rehabilitation Fund, housing rehabilitation activities,
Regional Contribution Agreements and the on-site provision of housing
for low- and moderate-income households, shall be consistent in their
implementation with the standards of the New Jersey Fair Housing Act,[1] the New Jersey Council on Affordable Housing, and the
specific provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
[Amended 6-20-2006 by Ord. No. 2361-06]
Buffer areas are required between residential
and nonresidential development. They are also required between multifamily
or townhouse development and areas zoned, developed or proposed for
single-family dwellings. Buffer areas shall be established in accordance
with the following standards:
A.
All planted screens shall consist of a strip not less
than four feet wide, densely planted with evergreens not less than
four feet high at the time of planting and of a type that will form
a year-round screen of not less than six feet in height within three
years from the date of planting. Utilization of native vegetation
and preservation of natural wooded tracts that meet the dimensional
requirements above shall be utilized over planting non-native species
in the buffer area.
B.
Buffer areas shall be maintained and kept clean of
all debris, rubbish, weeds and tall grass by the owner. Any screen
planting shall be maintained permanently, and any plant material which
does not live shall be replaced within one year or one growing season.
C.
No structure, activity, storage of materials or parking
of vehicles shall be permitted in a buffer area except access drives
from public streets and signs.
D.
A buffer area shall be planted and maintained by the
owner to conceal parking and loading areas, to eliminate the glare
of vehicle lights throughout the year and to screen the building from
the adjoining residential areas. If the approving authority determines
that a planted screen will not provide an effective buffer, it shall
permit the construction of a wood or masonry fence or wall up to six
feet in height in lieu of the planted buffer. In areas where established
vegetation is to be incorporated in the buffer area, supplemental
plantings may be required to achieve the desired screening results.
If the approving authority finds these supplemental plantings may
not grow satisfactorily, stockade fence(s) six feet high shall be
erected in the buffer area.
E.
The use of buffer areas to control on-site stormwater
via disconnected impervious surfaces is encouraged. If utilized for
stormwater treatment, the buffer area shall include plantings that
are conducive to this use.
F.
The approving authority shall have the power to waive
any of the buffer requirements if it determines an adequate buffer
can be provided in other ways or if it is determined that a buffer
is not needed based on the physical features of the area.
A.
No building intended to be used for a one- or two-family
dwelling shall be permitted unless it will be different from any neighboring
building in the following respects:
(1)
Interior room relationships within the building shall
be substantially different from neighboring buildings. This difference
must be reflected in the design or appearance from any neighboring
buildings and must be apparent in the location of windows, doors,
porch, garage or roof design, and the exterior finish with respect
to material of that elevation which faces the street frontage of the
lot. A mirror image of a neighboring building shall not be considered
a substantial difference.
(2)
A "neighboring building" shall mean any building then
in existence or for which a building permit has been issued or an
application filed, erected or to be erected on a lot which is separated
in all directions regardless of intervening streets by less than two
lots from the lot on which the building will be located. No building
shall be deemed to be a neighboring building to any other building
if the rear elevations of the buildings face each other.
(3)
No building appearance shall be so markedly incongruous
in comparison with the appearance of any neighboring building as to
adversely affect property values in the immediate neighborhood.
B.
No building intended to be used for attached dwellings
or for a two-family dwelling where the units are attached side-by-side
shall be permitted unless the following standards are followed:
(1)
There shall be a maintenance agreement binding on
the various owners of the housing units which shall set forth rules
and regulations on the exterior maintenance of the building. Such
rules shall specify the paint color, exterior materials and other
matters related to the exterior of the building which will be visible
from public streets or parking lots serving the dwellings. It shall
also specify who has the responsibility for maintaining the exterior
appearance of the buildings.
(2)
No more than four attached dwellings shall be permitted
without a break in the plane of the front facade of at least four
feet. Surface materials shall be varied to provide interest and a
neighborhood appearance. The use of a single exterior siding material
shall be avoided unless there is sufficient architectural interest
in the facade to avoid the appearance of either an institutional or
nonresidential use.
(3)
In the event that the choice of heating fuels does
not require the use of a conventional brick, stone or masonry chimney,
there shall be a simulated conventional chimney provided for each
dwelling unit.
A.
Pursuant to N.J.S.A. 40:55D-66.1, community residences
for the developmentally disabled and community shelters for victims
of domestic violence, which terms shall have the meanings set forth
in N.J.S.A. 40:55D-66.2, shall be a permitted use in residential districts
R-1-7, R-1-5, R-1-4, R-2-4 and RGA.
(1)
If such a residence or shelter houses more than six
persons, excluding residence staff, it may be permitted upon the issuance
of a conditional use permit by the approving authority, provided that:
(a)
No more than 15 persons, excluding resident
staff, shall be housed in such a residence or shelter.
(b)
No permit will be issued to a proposed residence
or shelter located within 1,500 feet of any existing such residence
or shelter.
(c)
Such a residence or shelter is located only
abutting an arterial or collector street.
(2)
A permit shall be denied if the number of persons,
excluding resident staff, resident at such existing residences or
community shelters in the Township exceeds 50 persons or five-tenths
percent (0.5%) of the population of the Township, whichever is greater.
B.
If a residence houses mentally ill persons, such residence
must have been approved for a purchase of service contract or an affiliation
agreement pursuant to such procedures established by regulation of
the New Jersey Division of Mental Health and Hospitals of the Department
of Human Services.
C.
All such residences or shelters shall comply with
all applicable standards of the New Jersey Uniform Construction Code
and the Fire Prevention Code then in effect in the Township.
D.
All such community residences and shelters shall comply
with the zoning requirements in the district in which they are located
and for the type of housing that it is (single-family detached or
single-family attached). Existing housing which does not conform to
this chapter shall not be used for community residences or shelters.
E.
Such residences or shelters shall give preference
to persons residing in the Township.
F.
One on-site parking space shall be provided for each
two beds, plus one space for each staff member, whether or not a resident.
One of the nonstaff spaces shall be twelve by nineteen (12 x 19) feet
to conform to the requirements of this chapter for handicapped parking.
G.
The exterior design of the facility shall conform
to the general character of the area.
[Amended 6-20-2006 by Ord. No. 2361-06]
A.
Unless waived by the approving authority, concrete
curb shall be installed along all streets and along all edges of pavement
within a site. The standard curb section shall be 10 feet in length
with preformed bituminous cellular-type expansion joint material on
not more than twenty-foot centers and shall be set in accordance with
approved lines and grades, and radial curbs shall be formed in a smooth
curve. The finish shall be a smooth float finish with corners rounded.
Concrete vertical curbs shall be six by eight by 18 inches (six-inch
exposed face), having a twenty-eight-day compressive strength of 4,000
pounds per square inch and shall be air-entrained.
B.
Barrier-free curb ramps shall be constructed in accordance
with the Design Standards for Curb Ramps for the Physically Handicapped
of the New Jersey Department of Transportation.
C.
Where curbs are waived or where alternate curbs are
allowed, such as granite block or rolled concrete curb, an appropriate
method of stabilizing the edge of paving, controlling erosion and
managing stormwater shall be incorporated in the design.
D.
On streets and along edges of pavement where the drainage
is to be directed into adjoining landscape areas/buffers; flush curb
with curb stops (as applicable) or curbing with curb cuts will be
permitted in lieu of curb.
[Amended 6-20-2006 by Ord. No. 2361-06]
All streets shall be provided with catch basins
and pipes where the same may be necessary for proper surface drainage.
Where feasible, the use of vegetated swales in lieu of inlets and
piping is encouraged. Vegetated swales shall be designed in accordance
with the latest edition of New Jersey Stormwater Best Management Practices
Manual. The requirements of this section shall not be satisfied by
the construction of dry wells. The system shall be adequate to carry
off or store the stormwater and natural drainage water which originates
within the subdivision boundaries and that which originates beyond
the subdivision boundaries and passes through the subdivision calculated
on the basis of maximum development as permitted under the provisions
of this chapter. No stormwater runoff or natural drainage water shall
be so diverted as to overload existing drainage on other lands without
proper and approved provisions being made for taking care of these
conditions.
A.
The time of concentration used in computing stormwater
runoff shall be the equivalent of the time required for water falling
at the most remote point of the drainage area to reach the point in
the drainage system under construction.
B.
Computations of the rate of flow at any given location
shall be based on the Rational Formula, Q = CIA, where:
|
Q = Flow in cubic feet per second
| |
|
C = Runoff factor
| |
|
I = Intensity of rainfall in inches per hour
| |
|
A = Watershed area in acres
|
C.
In setting the value of the runoff coefficient C,
consideration shall be given to the physical features of the drainage
basin and the best available data on the future density of development
of the drainage basin. In no case shall C be less than 0.40 after
development.
D.
The intensity (I) should be based on the following:
(1)
Ten-year-storm criteria for low points with a relief
swale.
(2)
Twenty-five-year-storm criteria for flow carried in
pipes.
(3)
One-hundred-year-storm criteria for all culvert designs.
(4)
The Rainfall Intensity = Duration = Frequency Curves
published by the United States Department of Commerce, Weather Bureau,
shall be used in the above computation.
E.
Where any development is traversed by a watercourse
or where a new swale or piped system is installed, a drainage right-of-way
easement shall be dedicated to the Township. A minimum of 15 feet
beyond the bank top on at least one side of a watercourse shall be
provided for access.
F.
Stormwater designs shall result in stormwater leaving
the property at the same rate that existed prior to the development.
All measures shall comply with the soil erosion and sediment control
provisions of this chapter.[1] Grading shall direct drainage away from all buildings,
prevent the collection of water in pools and avoid the concentration
of stormwater from one lot to another.
G.
All major developments that exceed one or more acres
of land disturbance shall meet the standards outlined in the Township
stormwater management and control plan.
H.
All catch basins installed as part of new development
and redevelopment or that exist and are in direct contact with repaving,
repairing (excluding repair of potholes and seal coating) shall meet
the following standards:
(1)
Grates shall be the New Jersey Department of Transportation
(NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the
NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design
Guidelines (April 1996).
(2)
Whenever curb-opening inlets are used, a clear space
in the curb opening (or each individual clear space, if the curb opening
has two or more clear spaces) shall have an area of no more than seven
square inches, or be no greater than two inches across the smallest
dimension. Exemptions to this requirement will be waived where the
reviewing agency determines that the standard would cause inadequate
hydraulic performance that could not practicably be overcome by using
additional or larger storm drain inlets that meet these standards.
[Amended 6-20-2006 by Ord. No. 2361-06]
Drainage and utility easements shall be along
side or rear property lines where possible, shall not be less than
15 feet wide, shall be dimensioned on the plat, shall provide for
maintenance access, shall prohibit plantings or construction and shall
be identified as follows: "Drainage/utility easement granted to the
Township of Maplewood as provided for in the Zoning and Development
Regulations Ordinance."
[Amended 4-21-1987 by Ord. No. 1725; 4-16-1991 by Ord. No.
1850; 6-4-1991 by Ord. No. 1859; 6-6-1995 by Ord. No. 1970; 5-4-1999 by Ord. No. 2096-99; 6-20-2006 by Ord. No. 2361-06]
A.
Residential zones.
(1)
Fences erected in residential zones, except those
required to enclose swimming pools, shall not exceed four feet in
height. No fence shall be located closer to the front property line
that the building setback line as established in other sections of
this chapter. Notwithstanding the foregoing, a six-foot fence may
be erected along the rear property line, provided that the property
upon which the six-foot fence is to be constructed abuts the rear
property line of the adjacent property.
[Amended 3-18-2014 by Ord. No. 2743-14]
(2)
In the case of a corner property, both street frontages shall be treated separately, and both shall require setbacks as noted in Subsection A(1) above.
(3)
Notwithstanding the provisions of Subsections A(1) and A(2), the owner of a corner property may erect a fence not in excess of four feet in height, not closer than 15 feet from the property line, on one frontage only but not in the portion common to both front yards. Should the owner of a corner property erect a fence as permitted by this Subsection A(3), that fence shall be placed such that any line drawn perpendicular to the property line on the frontage where the fence is constructed shall not cross both the fence and the side of the structure facing said property line.
(4)
Should a corner property owner erect a fence within a location permitted by Subsection A(3), the fence must be buffered by natural shrubbery which shall consist of densely planted evergreens that form a year-round screen and will be sufficient to completely cover the fence within three years. The screen planting shall be maintained, and any plant material which does not live shall be replaced within one year or one growing season. The planted screen shall be such that the fence is not visible from either street.
B.
Fences in commercial zones shall not exceed six feet
in height. No fence shall be located closer to the front property
line than the building setback line as established in other sections
of this chapter.
C.
Fences and walls shall not be located in any required
sight triangle or within any public right-of-way or easement.
D.
Metal accordion, grate or grill-type protective gates
or doors for retail or commercial establishments shall be installed
in the interior of the premises only and shall be so that visibility
into the establishment is not diminished as a result of their installation.
There shall be no signage or graphics placed on either the grate or
any containment box.
E.
If barbed wire is proposed, it shall only be permitted
along the top of a fence, it shall be installed within the overall
height limits for fencing as established in this chapter, it shall
be permitted only on nonresidential properties, and the use of ribbon-type
barbed wire shall not be permitted. Where barbed wire is proposed,
it shall not be permitted without the written permission of the adjacent
owner.
F.
Before erecting any fence greater than two feet in
height or greater than 16 feet in length, the property owner shall
make application to the Construction Official for a fence construction
permit.[1] Subsequent to the erection of any such fence, the Construction
Official shall inspect the same and, if it is in compliance with this
chapter, shall issue a certificate of approval.
G.
All fences and walls having a finished side shall
be constructed with the finished side facing outward from the property
on which it is constructed and toward adjacent properties or the street.
For purposes of this section, the "finished side" shall be defined
as the side opposite the posts, rails, supporting boards or piers.
[Amended 6-20-2006 by Ord. No. 2361-06]
Provision shall be made for fire hydrants along
streets or on the walls of nonresidential structures as approved by
the Fire Department or the Township Engineer and in accordance with
the Insurance Services Office of New Jersey. The midpoint of all lots
served by a central water supply shall be within 500 feet of a functioning
fire hydrant. Hydrants shall have fire hose threads conforming to
the fire-fighting equipment, with no less than two two-and-five-tenths-inch
hose connections and one four-and-five-tenths-inch pumper nozzle.
Hydrants shall be set plumb with nozzles 18 inches above finished
grade.
[Amended 6-20-2006 by Ord. No. 2361-06]
Standards for floodplains are as set forth in
the addendum to this chapter, which is reproduced verbatim from the
former zoning ordinance and is hereby made a part of this chapter.[1]
[1]
Editor's Note: Former Article 16 of the Maplewood
Zoning and Development Regulations Ordinance, Floodplain Management,
was repealed 4-7-1987. See now Addendum A, Flood Damage Prevention,
included at the end of this chapter.
[Amended 6-20-2006 by Ord. No. 2361-06]
The objective of this section is to minimize
undesirable off-site effects. All area lighting, such as parking lots
or for security, shall provide translucent fixtures with shields around
the light source. The light intensity at ground level shall be a minimum
of 0.5 footcandle and a maximum of 1.0 footcandle. The total quantity
of light radiated above a horizontal plane passing through the light
source shall not exceed 7.5%. For recreation purposes, more intense
lighting may be permitted, provided that the shielding and possible
required planting buffer are approved as part of the plat. No lights
shall be of rotating, pulsating or other intermittent frequency, nor
of changing colors.
[Amended 6-20-2006 by Ord. No. 2361-06]
A.
Insofar as is practical, lots shall be rectangular,
lot lines shall be straight, and side lot lines shall be either at
right angles or radial to street lines.
B.
Each lot must front upon an approved, paved street.
C.
Corner lots. Corner lots shall be of sufficient size
to allow building setbacks to meet the front yard requirements along
each street. The remaining two yards shall be considered side yards
for the purposes of this chapter.
D.
Through lots with frontage on two streets are permitted,
provided that access shall be to the street with the lower traffic
function.
[Amended 6-20-2006 by Ord. No. 2361-06]
Monuments shall be the size and shape required
by N.J.S.A. 46:23-9.9 et seq. (the Map Filing Law, as amended), be
placed in accordance with said statute and be indicated on the final
plat.
[Amended 6-20-2006 by Ord. No. 2361-06]
The lawful use of land or structure existing
on the date of adoption of this chapter may be continued although
it may not conform to this chapter.
A.
Abandonment. A nonconforming use shall be considered
abandoned if any of the following conditions exist:
B.
Maintenance. Maintenance may be performed on a nonconforming
use, structure or lot, provided that the maintenance work does not
change the use, expand the building or the functional use of the building,
increase the area of a lot used for a nonconforming purpose or increase
the nonconformity in any manner.
C.
Building additions. If an existing permitted use violates
any yard or coverage requirements, an addition or accessory building
may be erected without an appeal for a variance, on the condition
that the total permitted coverage shall not be exceeded and that the
addition shall not violate any setback or other requirements of this
chapter.
D.
Subdivision of lots. An existing lot which has sufficient
area and dimensions to permit a subdivision but has a structure on
the lot with one or more setback violations may nevertheless be subdivided
without an appeal for a variance, provided that the subdivision itself
does not create any new zoning violations and does not increase the
severity of the existing setback violation, such as moving the lot
line even closer to the existing building.
E.
Restoration and repairs.
(1)
Any nonconforming structure or use which has been
condemned or damaged by fire, explosion, flood, windstorm or act of
God shall be examined by the Construction Official. If, in his opinion,
the value of repairing the condition is greater than 50% of the value
of replacing the entire structure, it shall be considered completely
destroyed and may be rebuilt to the original specifications only upon
the granting of an appropriate variance.
(2)
Where the repair costs are less than 50% of the value
of replacing the entire structure, the nonconforming structure or
use may be rebuilt and used for the same purpose as before, provided
that it does not exceed the height, area and bulk of the original
structure. The reconstruction shall commence within 12 months of the
date the building was damaged or condemned with the reconstruction
carried out without interruption; otherwise, the damaged structure
shall not be rebuilt as a nonconforming use or building. Upon good
cause shown, one additional succeeding twelve-month period may be
granted by the governing body.
(3)
The percent damaged or condemned shall be the current
replacement costs of the portion damaged or condemned computed as
a percentage of the current replacement cost of the entire structure,
neither to include the cost of the foundation unless the foundation
is damaged or condemned. The method of calculation of replacement
cost shall be as set forth in the Uniform Construction Code.
[Amended 9-5-1989 by Ord. No. 1796; 2-15-2000 by Ord. No.
2118-00; 12-16-2003 by Ord. No. 2239-03; 12-30-2003 by Ord. No.
2238-03; 6-20-2006 by Ord. No. 2361-06]
The standards set forth in this section apply
only to uses requiring site plan approval, unless otherwise stated.
A.
Access to parking lots. There shall be a maximum of
two access drives to any street with their center lines spaced at
least 56 feet apart, with no more than two lanes of traffic each,
and with their center lines at least 30 feet from any property line.
When the property along a street exceeds 500 feet in length, one access
drive may be permitted for every 250 feet of frontage. Driveways with
widths exceeding 24 feet shall be reviewed by the approving authority
with consideration to the width, curbing, traffic flow, radii of curves
and traffic lane divider.
B.
Access to loading and parking spaces. Individual spaces
shall be served by interior driveways designed for vehicle access
without the need for moving any other vehicle. Spaces shall not have
direct access from public streets, major interior drives or private
roads. Dead-end aisles shall be avoided wherever possible.
C.
Buffers. All loading areas and parking lots shall be buffered from adjoining streets, existing residential uses and residential zones in accordance with § 271-37, Buffers.
D.
Curbing. All parking lots and loading areas shall
have granite block or concrete curbing around the perimeter of the
parking and loading areas if needed in conjunction with an overall
drainage plan. Curbing shall be either depressed at the driveway or
have the curbing rounded at the corners with the access drive connected
to the street in the same manner as a street. Curbing between vehicular
and pedestrian ways shall be designed with ramps from the street or
parking grade to the sidewalk which shall be no less frequent than
one every 65 feet and located in accordance with a pedestrian circulation
plan. In lots where the drainage is to be directed into adjoining
landscape areas, flush curb with curb stops or curbing with curb cuts
will be permitted in lieu of granite block.
E.
Dimensions.
(1)
Off-street parking spaces shall be nine feet by 18
feet in accordance with the following schedule. Up to 15% of the spaces
in any parking lot which serves uses other than retail commercial
may be as small as eight feet by 15 feet for the purpose of serving
compact cars. Handicapped parking spaces shall be in compliance with
N.J.A.C. 5:23-7.0, as regulated by the Uniform Construction Code.
|
Angle of Parking Space
(degrees)
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
| |
|---|---|---|---|
|
90
|
24
|
24
| |
|
60
|
18
|
18
| |
|
45
|
14
|
18
| |
|
30
|
12
|
18
| |
|
Parallel
|
12
|
18
|
(2)
Off-street loading spaces shall have 15 feet of vertical
clearance and be designed in accordance with the following schedule:
|
Loading Space Length
(feet)
|
Apron Width
(feet)
|
90 Degrees
(feet)
|
60 Degrees
(feet)
| |
|---|---|---|---|---|
|
60
|
10
|
72
|
66
| |
|
60
|
12
|
63
|
57
| |
|
60
|
14
|
60
|
54
|
F.
Drainage. All parking and loading areas shall provide for storm drainage in accordance with § 271-41, Drainage.
G.
Surfacing. All off-street parking areas shall be paved
with a bituminous concrete or cement binder pavement. Pavement specifications
shall be determined by the Engineering Department based on the use
characteristics of the parking area.
H.
Landscaping. Landscaping in and around parking lots
and loading areas shall be shown on a landscaping plan. Trees shall
be spaced so they do not interfere with driver vision at intersections
of driveways, streets and the ends of parking rows. At least one tree
for every five parking spaces shall be provided. All areas between
the parking area, the building and all pedestrian walkways shall be
landscaped. All landscaped areas within the parking lot or loading
area shall be elevated and protected by granite block curbing. Plantings
which do not survive shall be replaced within one year or one growing
season. Shrubbery and tree species selected shall be resistant to
pollutants typically found in parking area.
I.
Minimum loading requirements. Adequate off-street
loading and maneuvering space shall be provided for every use, based
on the following schedule. Those uses not listed shall provide sufficient
spaces as determined under site plan review.
|
Minimum Loading Requirements
| ||||
|---|---|---|---|---|
|
Type
|
Gross Floor Area at Which First Berth
is Required
|
Gross Floor Area at Which Second Berth
is Required
|
Number of Additional Square Feet for Each
Additional Berth
| |
|
Assembly operations
|
*
|
40,000
|
30,000
| |
|
Auto sales
|
*
|
40,000
|
40,000
| |
|
Cemeteries
|
None required
| |||
|
Community centers
|
None required
| |||
|
Dwelling units
|
None required
| |||
|
Financial institu- tions
|
10,000
|
100,000
|
100,000
| |
|
Finishing operations
|
*
|
40,000
|
30,000
| |
|
Hospitals
|
*
|
100,000
|
100,000
| |
|
Hotels
|
*
|
100,000
|
100,000
| |
|
Houses of worship
|
None required
| |||
|
Industrial
|
*
|
40,000
|
30,000
| |
|
Libraries
|
None required
| |||
|
Manufacturing
|
*
|
40,000
|
30,000
| |
|
Offices
|
*
|
100,000
|
100,000
| |
|
Receiving
|
*
|
40,000
|
30,000
| |
|
Research
|
*
|
40,000
|
40,000
| |
|
Restaurants
|
*
|
25,000
|
20,000
| |
|
Retail stores
|
*
|
20,000
|
20,000
| |
|
Shipping
|
*
|
40,000
|
30,000
| |
|
Storage areas
|
*
|
40,000
|
30,000
| |
|
Utilities
|
10,000
|
100,000
|
100,000
| |
|
Veterinarian hospitals
|
*
|
100,000
|
100,000
| |
|
Warehouses
|
*
|
40,000
|
30,000
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Minimum of one space required.
| |
(1)
When more than one use is located in a building or
where multiple uses are designed as part of a shopping center, industrial
complex or similar self-contained complex, the number of loading spaces
shall be based on the cumulative number of square feet within the
building or complex, shall be dispersed throughout the site to best
serve the individual uses and shall be part of site plan approval.
(2)
There shall be a minimum of one trash/garbage pickup
location located either within or outside a building in steel-like,
totally enclosed container(s), located and screened to be obscured
from view from parking areas, streets and residences. If located within
a commercial or industrial building, the doorway(s) may serve both
the loading and trash/garbage collection functions. If located outside
the building, it may be located adjacent to or within the loading
area(s), provided that the container(s) in no way interferes with
or restricts the required loading functions.
J.
Minimum parking requirements. The number of parking
spaces for each use shall be determined by the number of dwelling
units, the amount of gross floor area, as defined in this chapter,
or such other measure as noted. Where a particular function contains
more than one use, the minimum parking requirements shall be the sum
of the component parts. Where an expansion of an existing use takes
place, the parking requirements for the entire use shall be met. Parking
spaces, access drives, access space and other circulation to service
parking located within that portion of the lot covered by the roof
of a building shall not be counted toward meeting the parking requirements
of this chapter.
(1)
Assembly operations: one space for each 800 square
feet of gross floor area.
(2)
Auto sales: one space per 100 square feet of showroom
area and sales office.
(3)
Financial institutions: one space per 200 square feet
of gross floor area.
(4)
Finishing operations: one space per 800 square feet
of gross floor area.
(5)
Hospitals: 1.5 spaces per bed.
(6)
Hotels: 1.6 spaces per guest room (this requirement
also satisfies the parking needs for all accessory uses and employees).
(7)
Houses of worship: one space per four seats.
(8)
Industrial: one space per 800 square feet of gross
floor area.
(9)
Manufacturing: one space per 800 square feet of gross
floor area.
(10)
Medical-professional: one space per 150 square
feet of gross floor area.
(11)
Offices: one space per 250 square feet of gross
floor area.
(12)
Receiving: one space per 1,000 square feet of
gross floor area.
(13)
Research: one space per 1,000 square feet of
gross floor area.
(14)
Residential: two spaces per dwelling unit.
(15)
Restaurants.
(a)
Eat-in restaurant: one space per three seats
or one space per 50 square feet of gross floor area, whichever is
greater.
(b)
Take-out restaurant: one space for every 20
square feet of waiting area floor space.
(c)
Eat-in/take-out restaurant: the sum of the parking
requirements for eat-in and take-out restaurants.
(16)
Retail stores: one space per 200 square feet
of gross floor area.
(17)
Shipping: one space per 5,000 square feet of
gross floor area.
(18)
Storage areas: one space per 5,000 square feet
gross floor area.
(19)
Theaters: one space per three seats.
(20)
Utilities: one space.
(21)
Veterinarian hospitals: six spaces per examination
room or doctor, whichever is greater.
(22)
Warehouses: one space per 5,000 square feet
of gross floor area.
(23)
Business schools: one space for every three
classroom seats.
(24)
Public areas: one space for every 20 square
feet of gross floor area.
K.
Location of parking and loading areas.
(1)
No off-street loading and maneuvering areas shall
be located in any front yard or any street.
(2)
All parking and loading spaces shall be located on
the same lot as the use being served. In the business districts (NB,
RB and HB), required parking may be provided on another lot, provided
that the parking area is within 500 feet of the use; and further provided
that such remote lot or land is in the same ownership as the lands
and buildings which it serves and the owner records a declaration
in the Essex County Register's Office declaring his intentions not
to sell or convey separately the remote lands and the lands and the
buildings it serves. The declaration shall describe the property by
metes and bounds.
(3)
No loading or parking spaces shall be located in any
required buffer area.
(4)
Parking spaces for multifamily dwellings and commercial/industrial
uses shall be within 150 feet and 300 feet, respectively, of the entrance
of the building.
(5)
All parking and loading spaces shall be set back from
any property line a minimum of five feet.
L.
Residential off-street parking and loading. Residential
off-street parking. In addition to other standards set forth herein
for parking related to residential uses, the following standards shall
apply in the one- and two-family residence and garden apartment zones,
even in those situations where site plan approval is not required:
[Amended 6-5-2012 by Ord. No. 2693-12; 4-15-2014 by Ord. No.
2747-14; 12-5-2017 by Ord. No. 2878-17]
(1)
Parking for residential uses shall be provided in accordance with the requirements set forth in § 271-50J of this chapter.
(2)
Parking spaces for residential uses may be located
in any yard, but parking shall be prohibited from being located in
the yard space between a public street and any principal building.
Single-family and two-family dwellings shall have no more than 30%
of the front yard area in pavement for parking and shall provide a
minimum of one parking space for each dwelling unit. Single-family
dwellings shall have no more than one driveway access to a street.
(3)
Off-street parking spaces shall not be located nearer
to the street line than the building line or setback line, except
in one- and two-family dwellings.
(4)
The parking or storage of boats, trailers, motor homes,
aircraft and everything similar is prohibited unless garaged at all
times within a wholly enclosed building.
(5)
The parking or storage of a commercial motor vehicle
on any premises in all residential zones is prohibited except that:
(a)
Parking in connection with the transaction of
business with the owner or occupant of the premises is permitted.
(b)
One commercial motor vehicle, as defined in
N.J.S.A. 39:1-1, having a gross vehicle weight greater than 8,500
pounds, is permitted to be parked on the premises on which a resident
resides, provided that it is garaged at all times within a wholly
enclosed building so that it is not visible to the public; and
(c)
A resident may park, in the driveway of the premises in which
he/she resides, one autocab, as defined in N.J.S.A. 48:16-1. No more
than one autocab may be parked in any premises' driveway at any given
time; or
(d)
A resident may park, in the driveway of the premises in which
he/she resides, one commercial vehicle, as defined in N.J.S.A. 39:1-1,
having a gross vehicle weight of 8,500 pounds or less. No more than
one such vehicle may be parked in any premises' driveway at any given
time.
(6)
Off-street parking. The parking or storage of inoperable,
junked, abandoned or unregistered motor vehicles and everything similar
is prohibited on any lands or premises in all zones unless within
a wholly enclosed building designed and erected for that purpose.
A vehicle, other than one registered as an antique, without a valid
or current inspection sticker is to be considered, for the purpose
of this chapter, an inoperable motor vehicle.
(7)
Parking of any vehicles on any portion permitted shall be on a hard or aggregate surface for the purpose of compliance with § 271-70A(4)(b).
M.
Waiver of requirements by the approving authority.
Waivers of parking or loading requirements may be given upon the following
terms and conditions:
(1)
The variation for parking is no greater than 20% of
the requirements set forth herein.
(3)
The waiver is determined after a public hearing on
the site plan with appropriate notice given to property owners within
200 feet of the property in question.
(4)
Variations greater than 20% may be permitted, provided
that the spaces can be accommodated on the lot. The application for
development shall indicate the location of parking spaces to be waived,
and all storm drainage systems shall be designed to accommodate the
future development of the spaces, if needed. The determination of
whether the spaces shall be constructed will be made after the building
is occupied and can be made either by the developer or the Township.
The area set aside for the parking accommodation shall be constructed
of pervious paving materials where feasible. No additional approvals
will be required in order to construct the parking facilities shown
as long as they are built in accordance with the approved site plan.
[Amended 6-20-2006 by Ord. No. 2361-06]
The following standards apply to all uses in
the Township except single-family and two-family dwellings.
A.
Air, water and environmental pollution. No use shall
emit heat, odor, vibrations, noise or any other pollutant into the
ground, water or air that exceeds the most stringent applicable state
and federal regulation. No permit shall be issued for any use where
a state permit is required until the state has ascertained and approved
the level and quality of emission, the type and quality of emission
control and the level of monitoring to be conducted.
B.
Storage and waste disposal. No materials shall be
deposited so they can be transferred off the lot, directly or indirectly,
by natural forces such as precipitation, surface water, evaporation
or wind. All materials which might create a pollutant or be a safety
and health hazard shall be stored indoors and/or be enclosed in appropriate
containers to eliminate such pollutant or hazard. No flammable or
explosive substance shall be stored on a property except under conditions
approved by the Fire Department. No bulk storage of materials or equipment
shall be in any front yard, nor closer to any street line than 100
feet, nor closer to any side or rear lot line than the minimum setback
for principal buildings. Each site shall provide appropriate area(s),
properly screened from adjacent property, for the orderly deposit
and pickup of trash and garbage.
[Amended 5-20-2003 by Ord. No. 2221-03; 6-20-2006 by Ord. No. 2361-06; 10-20-2015 by Ord. No. 2798-15]
A.
No lot shall have erected upon it more than one principal use. No
more than one principal building shall be permitted on one lot except
that shopping centers, multifamily complexes, industrial/office complexes,
and convenience stores with a fueling station may be permitted more
than one building on a lot in accordance with an approved site plan.
B.
Notwithstanding, the foregoing, an approved personal wireless service
facility may be a permitted secondary principal use on any lot.
[Amended 6-20-2006 by Ord. No. 2361-06]
A.
All planted trees shall have a minimum diameter of
2.5 inches measured three feet above the ground and be of a species
approved by the approving authority. Trees shall be planted no more
than 50 feet apart along all new streets and be located within the
right-of-way. They shall be balled and burlapped, nursery grown, free
from insects and disease and true to species and variety. Trimming
trees or filling around trees in the yard portion of a lot shall not
be permitted unless it can be shown that grading requirements or thinning
necessitate removal of trees, in which case those lots shall be replanted
to reestablish the tone of the area and to conform with adjacent lots.
Planted trees that do not live shall be replaced by the developer
during the next planting season.
B.
No live trees exceeding four inches in diameter measured
at four feet above the ground shall be cut down or destroyed except
under the following circumstances:
(1)
Unless their presence would cause hardship or endanger
the public or an adjoining property owner.
(2)
Unless in areas to be occupied by buildings, driveways,
sidewalks, parking or recreational area and within a distance of 15
feet around the perimeter of such building, depending upon the species
of the tree and conditions to be determined by the Supervisor of the
Parks and Shade Tree Department and certified to the Construction
Official.
(3)
Unless the area shall have a cut or fill of land which
the Supervisor of the Parks and Shade Tree Department shall determine
is injurious to trees. The determination of the Supervisor shall depend
upon the species of tree and degree of injury and shall be indicated
on the plan referred to.
C.
In seeking approval under the exceptions listed in § 271-53B(3), the applicant shall prepare an inventory map depicting the existing live trees by size, type, and area of disturbance.
[Amended 6-20-2006 by Ord. No. 2361-06]
Sidewalks shall be installed as determined by
the approving authority in the interest of public safety and proper
pedestrian circulation considering the nature of adjoining streets
and access to facilities such as schools, bus stops, recreation areas
and retail services. Sidewalks shall be at least four feet wide and
may be constructed of concrete or brick, with a cold joint every four
feet and an expansion joint every 20 feet. Concrete sidewalks shall
be Class B concrete having a twenty-eight-day compressive strength
of 4,500 pounds per square inch, shall be air-entrained and shall
be four inches thick except at points of vehicular crossing, where
they shall be at least six inches thick. Sidewalks crossing driveways
shall be reinforced at the midpoint or 1/3 points with welded wire
fabric (66-1212) or equivalent. Where feasible, new or reconstructed
sidewalks shall be constructed to slope into neighboring lawns or
constructed of permeable paving materials.
[Amended 1-19-2021 by Ord. No. 3015-20]
A.
SIGHT TRIANGLE
Definitions.
As used in this article, the following terms shall have the meanings
indicated:
A triangle at an intersection formed by two roads or rights-of-way
and a third line, which must be kept clear of obstructions so that
vehicles or pedestrians in one road can see vehicles approaching in
the other road.
B.
Implementation.
Sight triangles shall be required for any development project approved
subsequent to the effective date of this section at each corner of
an intersection of streets and at intersections of streets and driveways
serving residential, commercial, industrial and multifamily housing
developments. Driveways shall be classified as a local street for
purposes of establishing distances. Sight triangles shall be in conformity
with the standards set forth by the American Association of State
Highway and Transportation Officials ("AASHTO"), a policy on Geometric
Design of Highways and Streets 2011, 6th Edition, Section 9.5, Sight
Distance, as amended and adopted by the Township Engineer. No grading,
planting or structure shall be erected or maintained which impedes
the sight triangle. Where any intersection involves earth banks or
vegetation, including trees, the developer shall trim or selectively
thin trees and grade to provide the sight triangle.
[Amended 6-6-1989 by Ord. No. 1784; 6-6-1989 by Ord. No.
1785; 2-4-1997 by Ord. No. 2017-97; 6-20-2006 by Ord. No.
2361-06]
The purpose of this section is to create the
legal framework for a system of signs and street graphics.
A.
Table of Design Elements. A Table of Design Elements for street graphics is included herewith. Except in areas of special control, as set forth in Subsection G, no street graphic shall be erected, displayed, substantially altered or reconstructed except in conformance with the Table of Design Elements, hereinafter referred to as "table."
|
Table of Design Elements
| |||||||
|---|---|---|---|---|---|---|---|
|
KEY:
| |||||||
|
Y = Yes; N = No; W = White
| |||||||
|
Zoning Districts
| |||||||
|
R-1-7 through R-2-4, RGA
|
NB, RB
|
HB
|
OB, RO, CI, SLI
| ||||
|
Basic elements:
| |||||||
|
Wall graphic, area
|
2 square feet
|
20%
|
20%
|
10%
| |||
|
Wall graphic, height
|
1 foot
|
2 feet
|
2 feet
|
2 feet
| |||
|
Ground graphic, area
|
2 square feet
|
10 square feet
|
20 square feet
|
40 square feet
| |||
|
Auxiliary elements:
| |||||||
|
Awnings
|
N
|
Y
|
Y
|
N
| |||
|
Canopies
|
N
|
Y
|
Y
|
N
| |||
|
Marquees
|
N
|
N
|
Y
|
N
| |||
|
Time and temperature
|
N
|
Y
|
Y
|
N
| |||
|
Window
|
N
|
(Notes A and B)
|
N
| ||||
|
Surface color
|
W + 1
|
All
|
All
|
W + 2
| |||
|
NOTES:
| |
|---|---|
|
Note A: Temporary window graphics must be removed
within five days after the close of the sale or special event and
in no event may be displayed more than 40 days. Graphics must be attached
flat against the window glass and not occupy more than 25% of the
total area of the window in which displayed.
| |
|
Note B: Permanent window graphics may not occupy
more than 25% of the total area of the window in which displayed.
Any lettering in the window which is less than three inches in height
shall not be considered in this calculation.
|
B.
Items of information allowed.
(1)
Each land use is entitled to display street graphics
containing up to 10 items of information on each street to which it
has access. The name of the proprietor or the name of the business
occupying the building and its premises shall count as only one item
of information. The name may be displayed on each street frontage,
even if the items of information use up the permitted 10 items.
(2)
An "item of information" means any of the following:
a syllable of a word, an abbreviation, a number (whether one digit
or more), a symbol or a geometric shape. In addition, graphics combining
several shapes are to be assessed one additional item for each noncontinuous
plane.
(3)
Lettering less than three inches in height, if contained
in a wall graphic, is not included.
C.
Ground graphics. Any land use may display one or more
ground graphics, provided that:
(1)
The face of the building or structure is set back
at least 35 feet from the street line.
(2)
The ground graphic shall not exceed 12 feet in height,
measured from the grade at the street line.
(3)
A ground graphic which is six square feet or more
in area may be displayed only on a frontage of 100 feet or more.
(4)
The ground graphic shall be set back from each property
line and the street line a minimum of 10 feet or 1 1/2 times the height
of the graphic, whichever is greater.
D.
Wall graphics.
(1)
The area permitted for wall graphics is shown in the
table.
(2)
"Signable area" of the building means an area of the
facade of the building which is free of windows, doors and major architectural
detail. The percentage figures shown in the table are based on the
signable area. The following provisions apply in calculating the graphic
area:
(3)
A graphic may not cover or interrupt major architectural
features, such as frieze, string courses or other decorative facade
details.
(4)
Wall graphics height, limitations:
(a)
Wall graphics placed in the space between windows
may not exceed in height more than 2/3 of the distance between the
top of a window and the sill of the window above or major architectural
details related thereto.
(b)
Wall graphics may not extend above the second
story, nor above the roofline of the building to which attached.
E.
Projecting graphics are not permitted.
F.
Special situations:
(1)
Street graphics may be displayed on the side or rear
of a building adjacent to an off-street parking area if the off-street
parking area is 40 feet or more in width. However, the side or rear
of the building may not be included when calculating the signable
area.
(2)
If a building has frontage on two or more streets,
each side of the building is to be separately considered.
G.
Area of special control.
(1)
A house of worship, school or other quasi-public land
use in an R-1-7 through R-2-4 or RGA District may display one ground
graphic not larger than 15 square feet in area. Golf courses and private
clubs may display one ground graphic not to exceed 10 square feet
in area and five feet in height for each vehicular entrance from a
public street.
(2)
Apartments in the RGA District may have one ground
graphic not larger than 12 square feet in area and five feet in height
for each 200 feet of street frontage.
(3)
Office buildings in the OB District may have one ground
graphic not larger than 20 square feet in area and 12 feet in height.
(4)
Automobile service stations may have one pole-mounted
ground graphic not larger than 15 square feet in area, nor more than
20 feet in height. This sign area is to be included in sign and graphic
allowances set forth in the table.
(6)
The following temporary graphics are permitted and
do not require a permit:
[Amended 11-14-2011 by Ord. No. 2679-11; 9-4-2012 by Ord. No.
2702-12]
(a)
Graphics identifying sale, rental or lease of premises; adhesive
signage; "open house" signs; "coming soon" signs.
[Amended 3-17-2015 by Ord. No. 2771-15; 4-18-2017 by Ord. No. 2859-17; 7-18-2017 by Ord. No. 2865-17]
[1]
Sale, rental, or lease signs; adhesive signage; "coming soon"
signs.
[a]
Graphics identifying the sale, rental or lease
of the premises on which located and an artisan or contractor identification
while at work on the premises, subject to a maximum graphic area of
six square feet with a width of no greater than 28 inches in the R-1-7
through R-2-4 and RGA Districts and nine square feet in all other
districts. In addition, one sign rider no more than six inches in
height may be added above, and up to two sign riders each of which
may be no more than six inches in height may be added below. Any sign
rider must be related to the sale, rental or lease of the premises
at which the sign is located and cannot be used for general advertisement.
Ground graphic provisions shall apply. Graphics must be removed within
three business days after closing of title or lease or the reason
for the graphic has ceased.
[b]
"Sold" signs, "leased" signs or any sign indicating
that the original reason for the sign has ceased shall be prohibited.
Notwithstanding the foregoing, "under contract" sign riders are permitted
subject to the foregoing provisions. In addition, notwithstanding
the foregoing, "coming soon" sign riders are permitted for a period
of 14 days subject to the foregoing provisions. A "coming soon" sign
rider must have the date of removal listed on the sign rider.
[c]
Temporary adhesive signage for any purpose is prohibited.
[2]
On-premises "open house" signs shall be permitted only during
the period that the open house is being conducted. Only one sign shall
be permitted of each category, that is, "open house," "for sale,"
"for lease," or wording of the same intent. All signs such as "for
sale," "for rent" or "open house" and artisan and contractors shall
be restricted to the subject property being offered, and such signs
shall be placed no closer than 15 feet from the front curb of the
property, as measured from the front edge of the sign, unless there
is a permanent obstruction, such as a masonry wall, greater than four
feet in height, as measured from the ground, in which the sign shall
be placed against the outer portion of the permanent obstruction.
[3]
In addition, off-premises "open house" signs shall be permitted
on the day that the subject property is open for inspection or an
open house is being conducted on the following conditions:
[a]
Any intersection shall have not more than three
total directional signs on the corners of the intersection, and there
may be only one "open house" sign per open house per intersection.
[b]
"Open house" signs may be placed from sunrise to
sunset on the day that the open house is being held.
[c]
"Open house" signs may be placed in the grass area
between the sidewalk and the street or, in the absence of a sidewalk,
within three feet of the curb adjacent to the subject property.
[d]
No "open house" sign may be placed in such a location
so as to create, in the exclusive determination of the Maplewood Police
Department, a traffic hazard.
[4]
All other signs are prohibited from being placed within the
public rights-of-way.
(b)
Violation and penalties.
[Amended 3-17-2015 by Ord. No. 2771-15]
H.
Permits.
(1)
No street graphic other than temporary graphics as set forth in Subsection G(6) or those operations set forth in Subsection H(3) below shall be erected, altered or relocated without an advisory review by the Design Review and Beautification Committee[1], an approval by the Planning Board and a permit issued
by the Construction Official.
[1]
Editor's Note: Said Committee was dissolved 12-15-2009 by
Ord. No. 2612-09.
(2)
Applications for permits shall include a drawing showing
the design, location, pertinent details and the name and address of
the owner and applicant.
I.
Auxiliary elements. See the table in Subsection A.
(1)
Awnings and canopies are permitted in the NB, RB and
HB Districts. Letters over three inches in height which are displayed
are debited against the allowable graphic area.
(2)
Temporary window graphics are not debited against
the allowable graphic area.
(3)
Indirect illumination, i.e., a light source not seen
directly, is permitted.
(4)
Floodlight illumination is permitted, provided that
none of the light shines onto an adjoining property or in the eyes
of motorists or pedestrians.
(5)
Bare bulb illumination is not permitted.
[Amended 6-20-2006 by Ord. No. 2361-06]
All major site plans and major subdivisions
shall incorporate soil erosion and sediment control programs according
to the approved staging plan, if any, including anticipated starting
and completion dates. The purpose is to control soil erosion and sediment
damages. All major developments that exceed one or more acres of land
disturbance shall comply with the Low Impact Development Design Standards
outlined in the New Jersey Stormwater Best Management Practices Manual.
See sections in this article entitled "Floodplain regulations" and
"Drainage.”[1]
A.
Data required.
(1)
A plan establishing the means for controlling soil
erosion and sedimentation at the applicant's expense and certified
by the Soil Conservation District is required.
(2)
The plan shall be prepared by a professional engineer
licensed in New Jersey, except in instances where the preparation
of a plan does not include or require the practice of engineering,
as defined in N.J.S.A. 45:8, and shall contain:
(a)
The location and description of general topography
and soil characteristics on and surrounding the site, including a
copy of the Soil Conservation Service Soil Survey.
(b)
Proposed changes to contours showing existing
and postconstruction conditions.
(c)
Proposed measures for controlling soil erosion
and sediment during and after construction.
(d)
The sequence of installing erosion and sediment
control measures, including anticipated starting and completion dates.
B.
General design principles.
(1)
Stripping of vegetation, grading or other soil disturbance
shall be done in a manner which will minimize soil erosion.
(2)
Whenever feasible, natural vegetation shall be retained
and protected.
(3)
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
(4)
Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during construction or other land disturbances.
(5)
Drainage provisions shall accommodate increased runoff
resulting from modified soil and surface conditions during and after
development or land disturbance.
(6)
Water runoff shall be minimized and retained on site
wherever possible to facilitate groundwater recharge.
(7)
Sediment shall be retained on-site.
(8)
Diversions, sediment basins and similar structures
shall be installed where required, prior to any on-site grading or
land disturbance.
(9)
Grading and filling. All fill shall be clean fill
and/or topsoil. Grading shall be limited to areas shown on an approved
plat. Any topsoil disturbed during grading operations shall be redistributed
throughout the site.
(10)
Soil removal and redistribution. Excavation of soil, other than required to construct approved structures and facilities, shall be prohibited. Any application proposing the disturbance of more than 5,000 square feet of surface area of land, as defined in the Soil Erosion and Sediment Control Act (Chapter 251 of the Laws of 1975),[2] shall include the following:
(a)
The means to control or prevent erosion.
(b)
Sedimentation basin(s) for soil that does erode
due to water.
(c)
Control of drainage, dust and mud on the premises
as well as abutting lands.
(d)
Preservation of soil fertility and the ability
of the area to support plant and tree growth by maintenance of adequate
topsoil consisting of at least six inches of the original layer.
(e)
Maintenance of necessary lateral support and
grades of abutting lands, structures and other improvements.
(f)
Avoidance of pits and declivities which are
hazardous or which provide insect breeding locations.
[2]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
C.
Maintenance. All erosion and sediment control measures
shall be maintained for two years after completion or until such measures
are permanently stabilized as determined by the Township Engineer,
whichever is longer.
D.
Exemptions. The following are exempt from the soil
erosion and sediment control provisions:
(1)
Land disturbance associated with the construction
of a single-family dwelling unit unless such unit is a part of a proposed
subdivision, site plan, zoning variance or building permit application
involving two or more such single-family dwelling units.
(2)
Land disturbance of 5,000 square feet or less of the
surface area of land for the accommodation of construction for which
the Standard Building Code of the State of New Jersey would require
a building permit.
(3)
Use of land for gardening primarily for home consumption.
(4)
Percolation tests and/or soil borings.
[Amended 6-20-2006 by Ord. No. 2361-06]
Streetlighting standards of a type and number
approved by the approving authority and the Township Engineer shall
be installed at street intersections and elsewhere if deemed necessary
by the approving authority.
[Amended 6-20-2006 by Ord. No. 2361-06]
A.
All developments shall be served by paved streets.
B.
Residential development bounded by any major or secondary
street shall control access to said streets by having all driveways
intersect minor streets. Where circumstances may dictate that a driveway
enter a major or secondary street as an exception, the lot shall provide
on-site turnaround facilities and adjoining lots may be required to
share one curb cut.
C.
Street rights-of-way shall be measured from lot line
to lot line. The continuation of an existing street shall be at the
same width as the existing street unless a greater width may be required
in accordance with the following schedule:
|
Type of Street
|
Right-of-Way
(feet)
|
Paving Width
(feet)
| ||
|---|---|---|---|---|
|
Major street
| ||||
|
2-lane
|
66
|
36
| ||
|
4-lane
|
86
|
56
| ||
|
Secondary street
|
60
|
36
| ||
|
Tertiary and local street
|
50
|
30
| ||
D.
Where a development adjoins or includes existing streets
that do not conform to widths shown on the Master Plan, the Official
Map or this chapter, additional land along both sides of said street
sufficient to conform to the right-of-way requirements shall be either
dedicated or anticipated in the development design by creating oversized
lots in a subdivision and increased building setbacks on a site plan
to accommodate the future widening. The additional widening may be
offered to the Township and, if offered, shall be expressed on the
plat as follows: "Street right-of-way easement granted to the Township
of Maplewood." If the development is along one side only, 1/2 of the
required extra width shall be anticipated.
E.
Local streets shall be designed to discourage through
traffic and shall have grades no greater than 10%. No street shall
have a grade less than 0.75%. Maximum grades within 100 feet of intersections
shall be 4%. The cross section of the cartway from the center line
to the curbline or edge of paving shall not exceed a two-percent slope.
F.
Four-way intersections involving local streets shall
be avoided wherever possible. Intersecting street center lines shall
not be less than 75° . Approaches to all intersections shall follow
a straight line for at least 100 feet measured along the curb. No
more than two street center lines shall meet or intersect at any one
point. Intersections shall be rounded at the curbline with a curbline
radius based on the street with the largest radius: major at 40 feet;
secondary at 30 feet; and tertiary and local streets at 20 feet.
H.
Dead-end or cul-de-sac streets shall be not longer
than 600 feet and shall provide a turnaround at the end with a radius
of not less than 40 feet for the paved width and 50 feet for the right-of-way
width, and tangent whenever possible to the right side of the road.
If a cul-de-sac street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extensions of the
street and reversion of the excess right-of-way to the adjoining properties.
I.
No street shall have a name which duplicates or nearly
duplicates in spelling or phonetic sound the name of an existing street
so as to be confused therewith. The continuation of an existing street
within the Township shall have the same name. The names of new streets
shall be approved by the governing body.
J.
Streets shall be constructed in accordance with the
following standards and specifications. Roadways including subgrade,
subbase, base courses and pavements shall be constructed in accordance
with New Jersey Department of Transportation Standard Specifications,
as modified herein. All subsurface utilities, including service connections
to each lot (terminating at least two feet behind any sidewalk), and
all storm drains shall be installed prior to the construction of final
pavement surfaces.
(1)
The pavement design shall be the responsibility of
the developer and shall be based upon traffic loading projections
and field sampling and laboratory analysis of the subgrade soils along
in the proposed streets. The design shall follow current recommendations
of the Asphalt Institute, the Portland Cement Concrete Association
or such other generally recognized standards as may be acceptable
to the Township Engineer. Pavement shall be of one type throughout
the development and be either bituminous concrete flexible pavement
or portland cement concrete rigid pavement, except that where existing
concrete roadways are being widened, the widened pavement shall be
portland cement concrete and the remaining pavement in the development
may be either bituminous or cement. The use of pervious paving materials
is encouraged for driveways and accessways to minimize stormwater
runoff and promote groundwater recharge.
(a)
Rigid portland cement paving shall be expansion-joint-type
paving utilizing Type A expansion joints (any alternate type joints
shall be approved by the Township Engineer), shall be reinforced,
constructed with Class B air-entrained concrete and shall have a minimum
thickness of 6.5 inches.
(b)
Flexible bituminous concrete pavements shall
have an equivalent structural depth of at least 10 inches with a wearing
surface of not less than two inches of compacted pavement, Type FABC-1;
a compacted bituminous stabilized base course of not less than 2.5
inches; and a dense graded aggregate base course to provide the remaining
depth. Bituminous stabilized base may be substituted for aggregate
base on a ratio of one part stabilized base to three parts aggregate
base.
(2)
Where subbase conditions are wet, springy or of such
nature that surfacing would be inadvisable without first treating
the subbase, these areas shall be excavated to a depth of at least
12 inches below the proposed subgrade and filled with a suitable subbase
material, such as sand, gravel or stone, as determined by the Township
Engineer. Where required by the Engineer, a system of Type F underdrains
shall be constructed beneath the surface of the paving and connected
to a suitable drain. After the subbase material has been properly
placed and compacted, the surfacing material shall be applied.
(3)
Subbase and/or aggregate base courses.
(a)
Bituminous concrete pavements (and stabilized
bases) may be constructed on subgrade without subbase or aggregate
base courses, provided that the subgrade can be satisfactorily prepared
as described above. If used, graded aggregate base courses shall be
at least four inches thick and be Soil Aggregate, Type 5, Class A,
or Type 2, Class A or B.
(b)
Portland cement pavements must be constructed
with a minimum of six inches of a granular-type subbase Type 4, Class
E. Any subbase course of aggregate base course shall have a minimum
thickness of four inches.
(4)
Bituminous base courses.
(a)
Bituminous base courses for use with bituminous
concrete pavements shall consist of plant-mixed bituminous stabilized
base course (stone mix or gravel mix) except that New Jersey Department
of Transportation requirements for the construction of the base course
shall be amended to allow the laying of the base course with a single
lift maximum thickness not exceeding four inches.
(b)
Prior to placement of any bituminous base course,
the finished surface of any underlying subbase or aggregate base shall
receive a prime coat.
(5)
Bituminous pavements. Bituminous pavements shall consist
of a bituminous concrete surface course Type FABC-1. The bituminous
pavement wearing surface shall generally not be installed until just
prior to the time the streets are prepared for final acceptance. Prior
to the installation of a bituminous concrete surface, the bituminous
base course shall be inspected by the Township Engineer. Any areas
of the base course in need of repair shall be removed and replaced
at the discretion of the Township Engineer. If the Township Engineer
directs, a leveling course of FABC material shall be placed on any
uneven or below grade base courses prior to the placement of finished
pavement. Pavement surfaces shall be placed only with permission of
the Township Engineer.
(6)
Alternate pavement types. If alternate pavement types
are proposed either for decorative purposes, physical restrictions,
existing conditions or shortages in certain construction materials,
a detail of the type and/or location of alternate pavement types shall
be submitted for approval. Approval shall be based upon the equipment,
materials and methods proposed for use and the Township Engineer's
inspection, testing and approval of a section of such pavement. If
the Township Engineer does not approve the sample section of pavement,
the developer shall replace it with permitted pavement.
Street signs shall be of a type, design and
material approved by the governing body. There shall be at least two
street signs furnished at each four-way intersection and one street
sign at each T-intersection. All signs shall be installed free of
visual obstruction.
Residential pools shall be installed only on
lots containing a residence. All swimming pools shall be installed
in accordance with the following standards. Approval of a swimming
pool can be issued by the Construction Official, provided that no
variances are required.
A.
Construction. All materials used in the construction
of swimming pools shall be of durable quality and waterproof, and
the pool shall be so designed as to facilitate its filling, emptying,
cleaning, disinfecting, filtering and circulating of the water. Pools
are to be installed in a workmanship-like manner by competent and
experienced person(s). Maximum pool height shall not be more than
four feet above the existing median grade at the pool perimeter. Pool
equipment for aboveground pools such as decks, platforms, diving boards,
slides, awnings, canopies and similar appurtenances are prohibited.
Pool ladders (handrails) may exceed four feet, but ladders are to
be unfastened and removed by a responsible person when the pool is
unattended.
B.
Lighting. No artificial lighting shall be maintained
or operated in connection with a swimming pool in such a manner as
to be a nuisance or an annoyance to neighboring properties.
C.
Fences and shrubbery. Swimming pools shall be enclosed
by a structurally adequate fence a minimum of four feet in height
and a maximum of six feet in height and at least four feet back from
the pool's edge, so constructed as to prevent any person or animal
from gaining access beneath or through or by ease of climbing said
fence, and which shall have a similarly substantial gate or gates
of the same height as the fence, with facilities for locking when
the pool is unattended. Swimming pool gates shall be closed at all
times, except when opened for the purpose of ingress or egress, and
shall be fitted with a mechanism for automatically returning to a
closed, latched position. When the swimming pool is not in use, gates
shall be locked and shall be opened only by key or combination. Shrubbery
such as thick foliage evergreen having year-round growth and of a
type that, within three years from the date of planting, will form
a screen of not less than the height of the fence for private pools
and not less than six feet for public pools bordering residential
zones. Shrubbery shall be planted along the outer periphery of the
fence, except at gates, to screen the fence as well as the swimming
pool.
[Amended 1-19-1988 by Ord. No. 1738; 10-18-1988 by Ord. No.
1765]
D.
Location and area. The swimming pool shall not be
closer than 10 feet to any side or rear lot lines of the property;
provided, however, that no part of any pool shall be constructed within
the front yard. Pools shall be constructed in rear yards only, and
the water surface shall not exceed 50% of the total area of the rear
yard. In the case of corner lots, the pool shall be located in a side
yard area set back a minimum of 1.5 times the required front yard
setback for the zoning district in which it is located, screened from
view from the street, and its water surface shall not exceed 15% of
the total area of the lot.
E.
Lifeguard service. All public swimming pools shall
provide competent lifeguard service during hours when the pool is
in use.
F.
Noise limitations. It shall be the responsibility
of the owners of pools to inhibit any unnecessary or unusual noise
which may annoy, disturb or otherwise impose or intrude on the comfort,
repose, health, peace or safety of others.
G.
Draining of pool. When emptying a pool, the discharged
water shall be disposed of in an approved manner and shall not be
diverted to abutting properties.
H.
Licenses and inspections. A license fee in addition
to a permit fee shall be required upon approval of an application
for a swimming pool. The license fee shall also be payable periodically
every three years thereafter upon the inspection and approval of the
pool by the Building Department. Inspections made initially during
construction or thereafter that reveal violations of this section
or of the current BOCA National Building Code Subcode will necessitate
discontinuance of use and removal of the pool.
A.
Housing trailers may be installed on private property
only in the event of fire which partially or totally destroys a residence
and may be permitted to remain thereon until the main residence is
made habitable, but in no event shall the trailer be permitted to
remain longer than 90 days.
B.
The property owner shall apply to the Construction
Official for a certificate of use and shall not install the trailer
until the Construction Official issues said certificate.
C.
The trailer shall be placed to the rear of the property
and shall not be located within six feet of any structure located
on adjacent property and shall be so placed to permit full and complete
access to the front and sides of the building under repair.
D.
All trailers shall be inspected regularly for habitability
under the standards set forth in Chapter 149, Housing, of the Code
of the Township of Maplewood.
E.
A trailer may also be used for a temporary construction
office located on a construction site. Prior to its use for a temporary
purpose, a temporary permit must be obtained from the Construction
Official.
[Amended 6-20-2006 by Ord. No. 2361-06]
No open space providing front, side or rear
yard space for one building shall be considered as providing the yard
provisions of another. A lot with frontage on two or more streets,
including corner lots, shall have the building set back from each
street not less than the required front yard.
[Added 6-20-2006 by Ord. No. 2361-06]
All site plans and subdivisions shall, when
feasible, preserve natural features, such as trees, forests, brooks,
swamps, hilltops, and viewsheds. Sufficient existing trees and vegetation
shall be maintained to enhance soil stability and landscape treatment
of the areas.
[Added 6-20-2006 by Ord. No. 2361-06]
Any off-site improvements associated with a
site plan and subdivision shall conform to the stormwater management
and drainage standards listed in this chapter.
