Borough of Carteret, NJ Chapter 210 Shopping Centers

[HISTORY: Adopted by the Borough Council of the Borough of Carteret 12-15-1970 as Sec. 7-16 of the 1970 Revised Ordinances, as amended through 3-5-1974. Sections 210-6B and 210-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Licensing procedures — See Ch. 164.

Parking — See Ch. 179.

§ 210-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

OWNER

Any person, joint venture or association who, jointly or severally, owns or, in combination with one (1) or more of the foregoing, shall own, lease, operate, manage or control a shopping center as defined in this section and who shall be deemed persons or parties subject to the provisions of this chapter.

SHOPPING CENTER

The ownership, leasing or rental, and use and operation of five (5) or more retail sales or service stores or shops in one (1) or more buildings or structures situated upon a lot, plot or tract of lands and premises or any contiguous lots or plots or tracts of premises within the borough, and which lands or premises contain a parking lot area for motor vehicles of owners, officers, employees and invitees and patrons thereof.

§ 210-2 License fees established.

For the purposes of the better administration and enforcement of the provisions of this chapter, and the regulation of shopping centers, there is hereby imposed a license fee upon the owners or operators of shopping centers, payable by the persons set forth in the definition of "owner" in § 210-1 to the borough during each calendar year or portion thereof, in advance, the fee for the one-half (1/2) year from and after July 1, 1972, through December 31, 1972, being hereby fixed in the amount of fifty dollars ($50.) per shopping center, and, thereafter, the annual license fee shall be at the rate of one hundred dollars ($100.) per year commencing January 1, 1973.

§ 210-3 Application for license.

Application for a license shall be made to the Borough Clerk and shall be in writing upon forms approved by the Borough Attorney and furnished to each applicant upon request by the Borough Clerk. The license application shall be accompanied by the aforesaid required annual license fee and shall be duly signed and contain true answers to all information requested upon the application form.

§ 210-4 Approval of application.

No license shall be issued by the Borough Clerk until there is endorsed thereon the approval of the Building Inspector, the Police Chief, the Superintendent of the Fire Department and the Health Officer or official designated by the Board of Health, who shall make appropriate investigation and inspection of the shopping premises to ascertain whether or not the buildings, grounds, parking areas, loading and unloading zones, traffic patterns and fire and emergency vehicle zones are in accordance with the best interests of the public safety, health and welfare of the public and borough and each in accordance with such matters as lie within the powers and duties of the aforesaid public officers of the borough.

§ 210-5 Maintenance of public parking lots.

All public parking lot areas of each shopping center shall be properly paved and well maintained and shall be constructed, laid and maintained in accordance with standards equivalent to the present State of New Jersey Highway Pavement Specifications as to materials and installation work, and no holes, ruts, potholes or depressions in the paved area shall be caused, suffered or permitted to exist and to continue or allowed to remain, but they shall be forthwith corrected or properly relaid and reconstructed by such persons or parties owning or operating such shopping center.

§ 210-6 Parking lot regulations.

It shall be the duty of all owners or operators of shopping centers, or their principals, managers, officers and representatives, having parking lot areas or places to comply with the following regulations and to install and maintain the same in accordance with the following additional regulations:

A. Trash.

(1) The parking area shall be free of trash and shall be broom-cleaned as the need arises. The purpose of this regulation is to maintain the area in clean condition at all times.

(2) One (1) trash receptacle shall be provided for every fifty (50) parking spaces within the parking area, and the receptacles shall be emptied as may become necessary.

B. Parking spaces. Each parking space for each vehicle shall be clearly designated by appropriate white markings.

[Amended 4-19-1990 by Ord. No. 90-16]

C. Traffic pattern. A traffic pattern shall be prepared and submitted to the Parking Authority for approval.

D. Illumination of parking lot. All parking areas shall contain a sufficient number of modern lighting fixtures commonly used in large parking areas to provide sufficient illumination for a light intensity of a minimum of five-tenths (0.5) footcandle throughout the parking area.

E. Directional signs, ingress. One (1) freestanding sign shall be erected at each driveway which provides a means of ingress for off-street parking facilities on the premises. The sign shall relate only the name of the use or facility and appropriate traffic instructions, shall not exceed twenty (20) square feet in area for each of two (2) faces, shall be mounted so as not to obstruct vision for a height of seven (7) feet above ground level and shall not exceed eleven (11) feet in height. In such cases where directional signs for ingress are located within a buffer area, such signs shall not exceed fifteen (15) square feet in area for each of two (2) faces.

F. Directional signs, egress. Freestanding signs shall be erected on the premises for the purpose of providing directions to traffic leaving the premises, provided that the number and location of such signs are approved by the Parking Authority. Such signs shall not exceed fifteen (15) square feet in area on each of two (2) sides, shall be mounted so as not to obstruct vision for a height of seven (7) feet above ground level and shall not exceed eleven (11) feet in height. Within the required buffer area, not more than one (1) such sign shall be erected in conjunction with each driveway which provides egress from the premises.

G. Parking lot signs. Freestanding signs may be erected within the parking areas to identify particular areas or sections of the parking lot, provided that not more than one (1) such sign shall be permitted for each forty thousand (40,000) square feet of parking area, and further provided that such signs shall not exceed a height of twenty (20) feet. In addition, freestanding signs may be erected at each end of a parking aisle for identification purposes, provided that such signs shall not exceed one (1) square foot in area nor exceed a height of eleven (11) feet. All of the above-described signs shall be mounted not less than seven (7) feet above the ground.

H. Landscaping. Any portion of the parking area from the curbline not occupied by the parking of vehicles shall be graded and planted with grass seed or sod and such shrubbery or trees as may be desired by the owner. The entire area shall be attractively maintained and kept free of all debris and rubbish.

I. Driveways. Each parking area shall contain such driveways as are necessary to provide proper means of ingress and egress for the parking area.

J. Snow removal. All parking areas shall be cleared of snow within forty-eight (48) hours after the snow has ceased to fall.

§ 210-7 Outdoor lighting.

As a deterrent to the commission of crime or disorderly persons offenses and to discourage, inhibit or deter unlawful breaking and entry, burglary, vandalism, malicious mischief and other crimes or acts of disorderly conduct, the owners or operators of each shopping center shall install and maintain in good operating or functioning order adequate outdoor lighting facilities or lights for illumination of the parking lot area and the front windows and entranceways and doors of all retail shops and stores, and of the rear thereof, and the loading and unloading zone areas and the rear of all stores, including rear doors, entranceways or entrances, and which lights shall be kept illuminated and in working order from one (1) hour after sunset to one (1) hour before sunrise of each day, including weekdays, Sundays and holidays, by the owners or operators of the shopping center, and which lights shall be of sufficient illumination as to make such parts of the building and all parts of such outdoor areas visible from the respective public highways or streets abutting the same.

§ 210-8 Violations and penalties.

[Amended 4-19-1990 by Ord. No. 90-16]

Any person, firm or corporation violating or failing to comply with any provision of this chapter shall be subject to the penalties set forth in § 1-17 of this Code.

§ 210-9 Construal of provisions.

The provisions of this chapter shall be deemed as additional requirements to and not in place of the provisions of any other ordinance or ordinances, rules or regulations of the borough pertaining to the subject matters hereof.