[Added 11-13-2001 by Ord. No. 2001-7]
A.
Accessory buildings and structures.
(1)
Accessory buildings as part of principal buildings.
Any accessory building having a common wall, roof or foundation with
the principal building shall be considered part of the principal building,
and the total structure shall adhere to the yard requirements for
the principal building.
(2)
Location. In all districts except a PD and the HMR-3
Dstrict, accessory buildings or structures may not be erected within
the front, rear or side yard setback areas and shall be set back from
all lot lines as per the bulk requirements for the zoning district
in which they are located, except that if erected on a corner lot,
the accessory building or structure shall be set back from the side
street to comply with the setback line applying to the principal building
for that side street,and except further that no poultry or livestock
shelter (excluding dog runs or other shelters for household pets)
shall be erected, used or located closer than 50 feet to any property
line. If the height of an accessory building or structure exceeds
the minimum side and/or rear yard setbacks established for the zoning
district, the minimum side and/or rear yard setbacks shall be increased
to the height of the accessory building or structure.
Amended 3-8-2006 by Ord. No. 2006-6]
B.
Swimming pools. No private residential outdoor swimming
pool shall be constructed or installed on any lot unless the lot contains
a principal residential building. A pool shall be located in rear
yard areas only and shall occupy no more than 75% of the yard area
in which it is located and shall be located no closer than 20 feet
to any lot line. There shall be no minimum distance requirement between
the pool and principal structure.
C.
Lot configuration.
(1)
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
(2)
Each lot must front upon an approved street, except
that in instances where private streets and/or other accessways are
provided and approved as part of a site plan and/or subdivision submission,
each lot need not front upon an approved street.
(3)
All lots shall be suitable for the purpose(s) of their
intended use. Where there is a question as to the suitability of a
lot or lots for their intended use due to factors such as poor drainage
conditions or flood conditions, percolation tests or test borings
indicating the ground conditions to be inadequate for proper sewage
disposal for on-lot sewage treatment or similar circumstances, the
Board, after adequate investigation and receipt of a written report
by the Township Council, where applicable, may withhold approval of
such lots. If approval is withheld, the Board shall give reasons and
notify the applicant and enter the same in the minutes.
(4)
All lot corners shall be marked in accordance with
the requirements of the New Jersey Map Filing Law.
D.
Preservation of natural features; soil removal.
(1)
Natural features, such as trees, hilltops and views,
natural terrain, open waters, critical areas and natural drainage
ridge lines, shall be preserved to the maximum extent reasonably possible
in designing any development containing such features. The development
plan should demonstrate the avoidance of unnecessary alteration of
existing topography or the removal of vegetation and should propose
development that will otherwise respect the established natural conditions
of the site and its surroundings. Where recommended by the Soil Conservation
District, a stilling basin may be required of a size determined by
the Township Engineer for the purpose of retaining the natural state
of contiguous or on-site streams.
(2)
No topsoil shall be removed from areas intended for
open space. Topsoil moved during the course of construction shall
be redistributed on the lot so as to provide at least four inches
of cover to all areas. All such distributed areas shall be stabilized
by seeding, planting or sodding and be according to an approved soil
erosion and sediment control plan approve by the Soil Conservation
District when the disturbed area exceeds 5,000 square feet. In the
event that the site does not contain sufficient amounts of topsoil
to provide four inches of cover to all areas of the development, the
developer shall supply sufficient amounts to meet this requirement.
Where found necessary by the Board, required seeding, sodding, water
retention structures, riprapping or other activities necessary to
carry out the soil erosion and sedimentation control plan shall be
made, subject to the provisions of adequate performance and maintenance
guaranties.
(3)
No soil shall be removed from or be imported to any
site within the Township without prior approval of the Township Engineer
or his authorized representative. Additionally, regarding applications
for major subdivision or major site plan development only, the applicant
shall provide the Planning Board or Zoning Board of Adjustment, as
the case may be, with an estimate of the total amount of soil to be
excavated from the site and the total amount of soil to be imported
to the site. The Planning Board or Zoning Board of Adjustment, as
the case may be, shall review the data as part of its review of the
application for development. The information provided by the applicant
shall also address how the soil is to be distributed and stabilized,
including grades and contours. Moreover, if soil is to be imported
to the site, the applicant shall describe to the satisfaction of the
Township Engineer or his authorized representative the method and
frequency of the testing of the imported soil in order to ensure its
quality. Finally, the applicant shall describe the size and number
of vehicles that are anticipated to haul the removed or imported soil,
together with proposed truck routes.
(4)
An effort shall be made to preserve the existing vegetation on the site. All trees having a caliper of six inches or more measured three feet off the ground which are not required to be removed by the proposed construction shall be protected by the installation of a snow fence or similar barrier around the drip line prior to commencement of construction. The limits of disturbance, together with the proposed location and species of the trees, shall be indicated on the site plan and/or subdivision submission. A minimum of three shade trees per lot shall be planted on single-family residential lots, and a minimum of 10 shade trees per acre of gross tract shall be planted in designated common open space areas. See Chapter 119, Landscaping, for additional standards.
(5)
For the protection and enjoyment of natural features,
the Board may require conservation easements. Conservation easements
and wetland transition buffer areas shall be delineated by monuments.
E.
Renewable energy facilities.
[Added 11-10-2010 by Ord. No. 2010-07]
(1)
Solar and photovoltaic facilities.
(a)
General requirements. The following general requirements shall
apply to solar and photovoltaic facilities, regardless of whether
they are accessory, conditional or permitted uses.
[1]
Facilities shall be permitted to be ground mounted and mounted
to principal and accessory structures and buildings.
[2]
The following standard shall apply when a proposal for a ground-mounted
solar facility exceeds a ratio of one to five (1:5) for the area on
which the facility is constructed and installed to the area used for
another purpose(s), or when the facility is constructed and installed
on an area of 10 acres or greater, whichever is first applicable:
[a]
The facility shall be the principal use. Smaller
facilities (pursuant to the above) shall be accessory uses.
[3]
All roof-mounted solar facilities shall be accessory uses.
[4]
Solar facilities do not count in the calculation of maximum
lot coverage or maximum impervious cover, unless the area under the
system (excluding the footings) consists of an impervious material,
such as pavement. Nevertheless, the design of the systems shall comply
with all Township stormwater, grading, and soil disturbance regulations.
[5]
Ground-mounted facilities contained within an area of 1,000
square feet (including the aggregate area of multiple systems) to
10 acres shall require minor site plan approval prior to obtaining
a zoning permit. Systems greater than 10 acres in size shall require
preliminary and final site plan approval prior to obtaining a zoning
permit.
[6]
Ground-mounted facilities greater than 1,000 square feet shall
provide one or more of the following beneath the structures: meadow
grasses or agricultural area for crops or grazing farm animals.
[7]
Site disturbance, including but not limited to grading, soil
removal, excavation, and soil compaction, including beneath a ground-mounted
system, shall be minimized to the extent practical.
[8]
Mounting of the solar structures shall minimize impervious surfaces
except for concrete footings or other support systems.
[9]
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and associated soil compaction.
[10]
Applicants are encouraged to enter into solar
easements with neighboring property owners in order to ensure continuing
access to sunlight for a solar facility.
[11]
All electrical control equipment shall be labeled
and secured to prevent unauthorized access.
[12]
There shall be no signs that are visible from
any public road posted on a solar facility or any associated building
or structure, except for the manufacturer's or installer's identification,
appropriate warning signs, or owner identification.
[14]
In addition to those items required for an application
to be deemed complete, a site plan application shall depict the following:
[a]
Location of proposed and existing overhead and
underground utility and transmission lines.
[b]
Location of any proposed or existing substations,
inverters or transformers.
[c]
Description of how the energy generated by the
facility will be connected to the electrical distribution or transmission
system or the electrical system of the intended energy user.
[d]
Description of any necessary upgrades or modifications
to existing substations or the necessity for a new substation.
[e]
For projects over two MW, the location and elevations
of all transmission lines, support structures and attachments to substations.
[f]
Location and condition of existing hedgerows and
vegetated windbreaks.
[15]
Abandonment.
[a]
A solar energy system that is out of service for
a continuous eighteen-month period will be deemed to have been abandoned.
[b]
The Planning Board may require as a condition of
final site plan approval that a deed restriction be filed to mandate
the removal of the solar panels if said facility's operations have
been discontinued for 18 months.
[c]
Upon abandonment, the Zoning Officer or designee
may issue a notice of abandonment to the owner. The notice shall be
sent via regular and certified mail, return receipt requested, to
the owner of record.
[d]
The landowner shall have 30 days to respond. If
information is provided demonstrating that the system has not been
abandoned, then the Zoning Officer shall withdraw the notice.
[e]
Any abandoned system shall be removed at the owner's
sole expense within six months after the owner receives the notice
of abandonment from the municipality. If removed by the owner, a demolition
permit shall be obtained and the panels shall be removed. Upon removal,
the site shall be cleaned, restored and revegetated as on site soils
payment.
[f]
If the system is not removed by the owner within
six months of receipt of notice from the Township that the system
has been abandoned and removal is required, the Township may remove
the system as set forth below.
[g]
When an owner of a solar energy system has been
notified to remove same and has not done so six months after receiving
said notice, then the Township may remove such system and place a
lien upon the property for the cost of removal.
(b)
Principal use requirements. The following requirements shall
apply to solar and photovoltaic facilities where they are permitted
or conditional principal uses. These requirements shall be bulk requirements
for permitted uses and conditions for conditional uses.
[1]
Minimum lot size shall be 20 acres.
[2]
The majority of the property is developed or the property is
the subject of a development approval whose vested rights may or may
not be valid. If these standards are not met, then the following shall
apply:
[3]
The following setbacks shall apply to ground mounted systems:
[a]
Front yard: 100 feet, or not less than 200 feet
where a lot abuts a residential use or district.
[b]
Side yard: 50 feet, or not less than 100 feet where
a lot abuts a residential use or district.
[c]
Rear yard: 50 feet, or not less than 100 feet where
a lot abuts a residential use or district.
[d]
Substations shall be set back a minimum of 150
feet from a property line.
[4]
The following minimum screening requirements shall be met. However,
notwithstanding the minimum requirements, the applicant shall demonstrate,
to the satisfaction of the Planning Board, that the proposed screening
provides an impervious visual screen of the facility from neighboring
properties. Additional screening may be needed to meet this requirement.
[a]
A fifty-foot-wide visual screen shall separate
such facilities from properties in residential zone districts, a thirty-foot-wide
visual screen shall separate such facilities from public roads, and
a twenty-foot-wide visual screen shall separate such facilities from
properties in a nonresidential zone district. Plantings shall have
a minimum height of eight feet when planted.
[b]
Screening shall consist of a combination of plantings,
fence and/or earthen berm.
[c]
Substations shall be screened with a double row
of evergreen plantings with a minimum height of eight feet when planted.
[d]
The applicant shall rely upon existing vegetation,
including existing hedgerows or windbreaks that provide screening,
to the maximum extent practical.
(c)
Accessory use requirements. The following requirements shall
apply to solar and photovoltaic facility accessory uses.
[1]
Roof-mounted systems shall be mounted parallel to the roof angle
and shall not exceed a height of 18 inches above the roofline. Notwithstanding,
systems shall not exceed the maximum building height in the zone district.
[2]
Ground systems shall have a twenty-foot side and rear yard setback.
[3]
Ground systems shall have a front yard setback of 100 feet or
shall have a front yard setback equal to or greater than the front
yard setback of the principal structure, whichever is less.
[4]
The gross area of ground-mounted systems, including the aggregate
area of multiple systems, which are greater than 1,000 square feet
shall meet the following screening requirements:
(2)
Wind energy facilities.
(a)
General requirements. The following general requirements shall
apply to wind facilities, regardless of whether they are accessory,
conditional or permitted uses.
[1]
Small wind energy systems shall be considered accessory uses.
Wind energy facilities that do not meet the definition shall be considered
principal uses.
[2]
"System height" shall be defined as the height above grade of
the tower plus the wind generator.
[3]
"Tower height" shall be defined as the height above grade of
the fixed portion of the tower, excluding the wind generator.
[4]
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
[5]
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
[6]
Small wind energy systems that connect to the electric utility
shall comply with the New Jersey Net Metering and Interconnection
Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
[7]
A met tower shall be permitted under the same standards, permit
requirements, restoration requirements and permit procedures as a
small wind energy system.
[8]
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
[9]
There shall be no signs that are visible from any public road
posted on a wind energy system or any associated building or structure,
except for the manufacturer's or installer's identification, appropriate
warning signs, or owner identification.
[10]
All wind energy systems must comply with the applicable
Federal Aviation Administration regulations and must receive any necessary
Federal Aviation Administration permits.
[11]
All wind energy systems must comply with the applicable
Department of Environmental Protection regulations and must receive
any necessary permits from the Department of Environmental Protection.
[12]
Permit requirements.
[a]
A zoning permit shall be required for the installation
of a wind energy system.
[b]
The zoning permit application shall be accompanied
by a plot plan which includes the following:
[i]
Property lines and physical dimensions of the property;
[ii]
Location, dimensions, and types of existing major
structures on the property;
[iii]
Location of the proposed wind energy system tower;
[iv]
The right-of-way of any public road that is contiguous
with the property;
[v]
Location of overhead utility lines;
[vi]
System specifications, including manufacturer
and model, rotor diameter, system height, and tower type (freestanding
or guyed).
[14]
In addition to those items required for an application
to be deemed complete, a site plan application shall depict the following:
[a]
Location of proposed and existing overhead or underground
utility or transmission lines;
[b]
Location of any proposed substation, inverter or
transformer;
[c]
Description of how the energy generated by the
facility will be connected to the electrical distribution or transmission
system or the electrical system of the intended energy user;
[d]
Description of any necessary upgrades or modifications
to existing substations or the necessity for a new substation;
[e]
For projects over two MW, the location and elevations
of all transmission lines, support structures and attachments to substations.
[15]
Abandonment.
[a]
A wind energy system that is out of service for
a continuous eighteen-month period will be deemed to have been abandoned.
[b]
The Township may issue a notice of abandonment
to the owner of a wind energy system that is deemed to have been abandoned.
The notice shall be sent return receipt requested.
[c]
The owner shall have the right to respond to the
notice of abandonment within 30 days from notice receipt date.
[d]
If the owner provides information that demonstrates
that the wind energy system has not been abandoned, the Township shall
withdraw the notice of abandonment and notify the owner that the notice
has been withdrawn.
[e]
If the Administrator determines that the wind energy
system has been abandoned, the owner of the wind energy system shall
remove the wind generator and the tower at the owner's sole expense
within six months after the owner receives the notice of abandonment.
[f]
If the owner fails to remove the wind generator
from the tower within the time allowed under Subsection E(2)(a)[15][e]
above, the Administrator may pursue legal action to have the wind
generator removed at the owner's expense.
[g]
If the owner fails to remove the wind generator
from the tower within six months of receipt of notice from the Township
that the system has been abandoned and removal is required, the Township
may remove the system as set forth below.
[h]
When an owner of a wind-generating energy system
has been notified to remove same and has not done so six months after
receiving said notice, then the Township may remove such system and
place a lien upon the property for the cost of removal.
(b)
Principal use requirements. The following requirements shall
apply to wind facilities where they are permitted or conditional principal
uses. These requirements shall be bulk requirements for permitted
uses and conditions for conditional uses.
[1]
The minimum lot size shall be 20 acres.
[2]
The following minimum screening requirements shall be met:
[a]
A fifty-foot-wide visual evergreen screen shall
separate such facilities from properties in residential zone districts,
a thirty-foot-wide visual screen shall separate such facilities from
public roads, and a twenty-foot-wide visual screen shall separate
such facilities from properties in a nonresidential zone district.
Plantings shall have a minimum height of eight feet when planted.
[b]
Screening shall consist of a combination of plantings,
fence and/or earthen berm.
[c]
Substations shall be screened with a double row
of evergreen trees with a minimum height of eight feet when planted.
[d]
The applicant shall rely upon existing vegetation,
including existing hedgerows or windbreaks that provide screening,
to the maximum extent practical.
[3]
A wind tower shall be set back a distance equal to the system
height.
[4]
A wind tower shall be set back from all utility lines a distance
equal to 1.25 times the system height.
[5]
Substations shall be set back a minimum of 150 feet from a property
line.
[6]
No portion of the wind generator shall extend into any public
road right-of-way, unless written permission is granted by the government
entity with jurisdiction over the right-of-way or any overhead utility
lines, unless written permission is granted by the utility that owns
and/or controls the lines.
[7]
A wind energy system shall not be artificially lighted unless
such lighting is required by the Federal Aviation Administration.
[8]
The wind generator and the tower shall be a neutral color that
is appropriate for its location and will allow the tower to be as
unobtrusive as possible, unless otherwise required by the FAA.
(c)
Accessory use requirements. The following requirements shall
apply to wind facilities where they are accessory uses.
[1]
A wind tower shall be set back a distance equal to the system
height.
[2]
A wind tower shall be set back from all utility lines a distance
equal to 1.25 times the system height.
[3]
No portion of the wind generator shall extend into any public
road right-of-way, unless written permission is granted by the government
entity with jurisdiction over the right-of-way or any overhead utility
lines, unless written permission is granted by the utility that owns
and/or controls the lines.
[4]
A wind energy system shall not be artificially lighted unless
such lighting is required by the Federal Aviation Administration.
[5]
The wind generator and the tower shall be a neutral color that
is appropriate for its location and will allow the tower to be as
unobtrusive as possible, unless otherwise required by the FAA.
F.
Electric
vehicle supply and service equipment.
[Added 9-14-2022 by Ord. No. 2022-05]
(1)
Purpose. The purpose of this subsection is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of electric vehicle supply/service equipment (EVSE) and make-ready
parking spaces through municipal parking regulations and other standards.
EVSE and make-ready parking spaces will support the state's transition
to an electric transportation sector, reducing automobile air pollution,
greenhouse gas emissions, and stormwater runoff contaminants. The
goals are to:
(a)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(b)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(c)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees through charger installations with
diversified compatibility.
(d)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
(2)
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(a)
(b)
(c)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (or EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this Subsection F, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2 indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets, and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus, designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast-charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. "Make-ready" includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
al.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
(3)
Approvals and permits.
(a)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use, and permitted accessory structure in all zoning or
use districts and shall not require a variance pursuant to N.J.S.A.
40:55D-70.
(c)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(d)
The Zoning Officer shall enforce all signage and installation
requirements described in this subsection. Failure to meet the requirements
in this subsection shall be subject to the same enforcement and penalty
provisions as other violations of the Township of Springfield's land
use regulations.
(e)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
[1]
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
[2]
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
[3]
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
(f)
An application pursuant to Subsection F(3)(e) above shall be deemed complete if:
[1]
The application, including the permit fee and all necessary
documentation, is determined to be complete;
[2]
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
[3]
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(g)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(h)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
(4)
Requirements for new installation of EVSE and make-ready parking
spaces.
(a)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
[1]
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces and install EVSE in at least one-third of
the 15% of make-ready parking spaces;
[2]
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional one-third
of the original 15% of make-ready parking spaces; and
[3]
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of make-ready parking spaces.
[4]
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
[5]
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(b)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection F(4)(a) above shall:
[1]
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
[2]
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
[3]
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
[4]
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
[5]
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
[6]
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
[7]
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
[8]
Notwithstanding the provisions of this subsection, a retailer
that provides 25 or fewer off-street parking spaces, or the developer
or owner of a single-family home, shall not be required to provide
or install any electric vehicle supply equipment or make-ready parking
spaces.
(5)
Minimum parking requirements.
(a)
All parking spaces with EVSE and make-ready equipment shall
be included in the calculation of minimum required parking spaces
required throughout this subsection.
(b)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(c)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
(6)
Reasonable standards for all new EVSE and make-ready parking
spaces.
(a)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines, and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(b)
Installation:
[1]
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
[2]
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
[3]
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
[4]
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
[5]
To further encourage accessibility, the Township of Springfield
seeks diversified EVSE installation to accommodate all makes and models
of electric vehicles. When possible and practical, EVSE installation
should include the broadest possible compatibility for all electric
vehicles. This applies to the level of the charging station, charging
station connector compatibility, and charging station manufacturer.
When a property owner or developer installs publicly accessible EVSEs
and/or make-ready parking spaces, those units or collection of units
should be functional and compatible for as many makes and models of
electric vehicles as possible to ensure a wide range of compatibility.
(c)
EVSE parking:
[1]
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
[2]
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
[3]
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the New Jersey State Police and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a nonelectric vehicle in such a space or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in §§ 128-4 and 128-6 of this Code. Signage indicating the penalties for violations shall comply with Subsection F(6)(e) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
[4]
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(d)
Safety.
[1]
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(6)(e) below.
[2]
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with this Code.
[3]
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
[4]
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection F(6)(d)[5] below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
[5]
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
[6]
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
[7]
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Township of Springfield shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
(e)
Signs.
[1]
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this subsection, allowing only charging electric
vehicles to park in such spaces. For purposes of this subsection,
"charging" means that an electric vehicle is parked at an EVSE and
is connected to the EVSE. If time limits or vehicle removal provisions
are to be enforced, regulatory signs, including parking restrictions,
shall be installed immediately adjacent to, and visible from, the
EVSE. For private EVSE, installation of signs and sign text is at
the discretion of the owner.
[2]
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
[3]
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(6)(e)[2] above.
[4]
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[a]
Hours of operations and/or time limits if time
limits or tow-away provisions are to be enforced by the municipality
or owner/designee;
[b]
Usage fees and parking fees, if applicable; and
[c]
Contact information (telephone number and email
address) for reporting when the equipment is not operating or other
problems.
(f)
Usage fees.
[1]
For publicly accessible municipal EVSE: In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as publically owned EVSE spaces shall be $0.05 for each minute that
the electric vehicle is connected to the EVSE for a Level 2 charging
station and $0.25 per minute for a Level 3 charging station.
[2]
This fee may be amended by a resolution adopted by the governing
body.
[3]
Private EVSE: Nothing in this subsection shall be deemed to
preclude a private owner/designee of an EVSE from collecting a fee
for the use of the EVSE in accordance with applicable state and federal
regulations. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space.
(7)
Severability; repealer; when effective.
(a)
Severability. If any clause, section, paragraph, or provision
of this subsection is deemed to be invalid or unenforceable for any
reason, then the Township Council hereby declares its intent that
the balance of the Ordinance not affected by said invalidity shall
remain in full force and effect to the extent that it allows the Township
of Springfield to meet the goals of this subsection.
(b)
Repealer. Any and all ordinances inconsistent with the terms
of this subsection are hereby repealed to the extent of such inconsistencies.
(c)
This subsection shall take effect after passage and publication
according to law.
A development application and/or application
or a construction permit must establish that the intended use will
comply with the performance standards enumerated below. In the case
of a structure being built where the future use is not known, a construction
permit may be issued with the conditions that no certificate of occupancy
will be issued until such time as the proposed use is known and the
future occupant establishes compliance. Subsequent to the approval
of a development application and/or the issuance of a building permit,
the owners and occupants of such approved structures and uses must
adhere at all times to the following performance standards:
A.
Electrical and/or electronic devices. All electric
or electronic devices shall be subject to the provisions of Public
Law 90-602, 90th Congress HR 10790, dated October 18, 1968, entitled
“An Act for the Protection of Public Health and Safety from
the Dangers of Electronic Product Radiation.” Radiation products,
as defined in DHEW Publications No. (FDA) 75-8003, shall be so limited
and controlled so that no measurable energy can be recorded at any
point beyond the property boundaries. The applicant, upon request,
shall produce certified data wherein measurements made in accordance
with the procedures and standards set forth in the DHEW Publication
No. (FDA) 75-8003 adequately demonstrate compliance with the minimum
standards established by the Act. All other forms of electromagnetic
radiation lying between 100 KHz and 10 GHz shall be restricted to
the technical limits established in the Federal Communication Commission’s
Rules and Regulations. Additionally, electric or electronic equipment
shall be shielded so there is no interference with any radio or television
reception at the lot line (or beyond the operator’s dwelling
unit in the case of multifamily dwellings) as the result of the operation
of such equipment.
B.
Glare. No nonagricultural use shall produce a strong,
dazzling light or reflection of a strong, dazzling light or glare
beyond its lot lines. Exterior lighting shall be shielded, buffered
and directed so that glare, direct light or reflection will not become
a nuisance to adjoining properties, adjoining units, adjoining districts
or streets. Unless required by law, no lighting shall be a rotating,
pulsating or other intermittent frequency.
C.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which could cause
the temperature to rise or fall in any natural body of water or watercourse.
D.
Noise. Nonagricultural noise levels shall not exceed
the standards established by the New Jersey Department of Environmental
Protection as they may be adopted and amended.
E.
Odor. Odors due to nonagricultural and nonresidential
uses shall not be discernible at or beyond any lot line.
F.
Storage and waste disposal. No materials or waste
may be deposited upon a lot in a location or in a manner which may
result in such waste or material being transferred off the lot by
natural causes or forces. No materials or waste may be deposited upon
the lot in a manner or a location or where they can contaminate an
underground aquifer or in any way render an underground aquifer undesirable
as a source of water supply or recreation or where they will damage
or destroy aquatic life. Provision shall be made for all material
or waste which might cause fumes or dust or which constitute a fire
hazard or which may be edible or otherwise attractive to rodents and
insects to be enclosed in appropriate containers to eliminate such
hazards. With respect to solid waste each property owner shall:
(1)
Assume full responsibility for adequate and regular
collection and removal of all refuse, except to the extent such services
are provided by the Township, in which case the property owner shall
assume full responsibility for compliance with all regulations governing
the provision of those services.
(2)
Comply with all applicable regulations of the New
Jersey Department of Environmental Protection.
(3)
Permit no accumulation on the property of any solid
waste, junk or refuse.
(4)
Comply with all provisions of the State Sanitary Code,
Chapter VIII, Refuse, Disposal, Public Health Council of the New Jersey
Department of Health and the Public Nuisance Code.
(5)
Provide adequate, covered solid waste containers,
stored out of public view and secured from vandalism. Compactor units
shall afford completely sealed operation and efficient access by collection
vehicles.
G.
Ventilation. No use shall obstruct the natural ventilation
of adjacent uses or contaminate the air with heat or odor. Further,
no air conditioners or exhaust fans shall be permitted to discharge
exhausted air unless they comply with the minimum building setback
requirements of this chapter and are equipped with baffles to deflect
the discharged air away from adjacent uses.
H.
Vibration. There shall be no vibration which is discernible
to the human senses of feeling beyond the immediate lot.
I.
Dust. Dust due to nonagricultural operations shall
not be permitted to escape beyond the immediate lot.
J.
Radiation. No use shall produce levels of radiation
in excess of the level established by the Radiation Protection Act,
L.1958, c. 116 (N.J.S.A. 26:2D-1 et seq.) and standards promulgated
pursuant thereto by the New Jersey Department of Environmental Protection.
K.
Air, water and environmental pollution. No use shall
emit any pollutant into the ground, water or air that exceeds the
most stringent applicable federal, state or local statute, regulation
and ordinance.
L.
Nuisance. No use shall produce any nuisance source
of injury or sickness, foul or noxious waters, gases or vapors which
may be hazardous or injurious to the public health, safety and welfare.
A.
Height limits. Penthouses or roof structures for the
housing of stairways, tanks ventilating fans, air-conditioning equipment
or similar equipment required to operate and maintain the building,
skylights, spires, cupolas, flagpoles, chimneys or similar structures
may be erected above the heights prescribed by this chapter but in
no case more than 20% more than the maximum height permitted for use
in the district; mechanical equipment or other such roof-mounted structures
shall be adequately screened from view. Silos, barns and other agricultural
structures shall have no height restrictions.
C.
Public election voting places. The provisions of this
chapter shall not be construed as to interfere with the temporary
use of any property as a voting place in connection with a municipal
or other public election.
D.
Public utility lines. Public utility lines for the
transportation and distribution and control of water, electricity,
gas, oil, steam, telegraph and telephone communications and their
supporting members, other than buildings or structures, shall not
be required to be located on a lot, nor shall this chapter be interpreted
as to prohibit the use of a property in any zone for the above uses.
E.
Projection into side yards. A bay window, stoop, chimney
or fireplace, eave, overhang or similar structure protecting not more
than 21 inches from the wall of a building may extend into any required
setback, provided that it does not reduce the width dimension of a
driveway, which driveway shall not be less than 10 feet.
F.
Stormwater management basin lots are not required
to meet the bulk requirements of the zone in which the property is
located. Minimum lot area will be determined by the size required
to construct and maintain a stormwater basin as recommended by the
Board engineer and approved by the Board.
[Added 9-12-2007 by Ord. No. 2007-08]
A homeowners’ association or other open
space organization may be established for the purposes of owning and
assuming maintenance responsibilities for the common open space and
common property designed within a development, provided that the Board
is satisfied that the organization will have a sufficient number of
members to reasonably expect a perpetuation of the organization in
a manner enabling it to meet its obligations and responsibilities
in owning and maintaining any property for the benefit of owners or
residents of the development. A homeowners’ association or open
space organization shall be established prior to the issuance of any
certificate of occupancy for any building in the development. If established,
the organization shall incorporate the following provisions:
A.
Membership shall be limited to and mandatory for all
property owners, condominium owners, stockholders and other owners
of property or interest in the development. Required membership and
the responsibilities upon the members shall be in writing between
the organization and each member in the form of a covenant, with each
agreeing to liability for his/her pro rata share of the organization’s
costs.
B.
The organization shall be responsible for liability
insurance, taxes, maintenance and other obligations assumed by the
organization and shall hold the municipality harmless from any liability.
The organization shall not be dissolved and shall not dispose of any
open space property by sale or otherwise, except to an organization
conceived and established to own and maintain the open space or property
for the benefit of such development, and thereafter such organization
shall not be dissolved, nor dispose of any of its open space or real
property until such time as some other entity is approved by the Township
to assume all the duties, functions and obligations of the original
organization.
C.
The assessment levied by the organization upon each
member may become a lien on each member’s property. The organization
shall be allowed to adjust the assessment to meet changing needs.
D.
The organization shall clearly describe in its bylaws
and resolutions all the rights and obligations of each tenant and/or
owner, including a copy of the covenant, model deeds and articles
of incorporation of the organization and the fact that every tenant
and property owner shall have the right to use all the common property.
E.
The articles of incorporation shall contain provisions
to ensure adequate funds are available for maintenance of the common
elements. In the case of townhouse and patio home dwelling units the
bylaws or resolutions shall include regulations governing the provisions
for accessory decks, patios and fences for the dwelling units which
shall be approved as part of the original site plan application and/or
amendments thereto. The articles of incorporation of the organization
and the bylaws and resolutions shall be submitted for review by the
reviewing board prior to the granting of the original final or amended
site plan approval.
F.
The articles of incorporation, covenants, bylaws,
model deeds and other legal instruments shall ensure that control
of the organization and title to the common open space shall be transferred
to the members of the homeowners’ association based on a percentage
of the dwelling units sold and/or occupied; such schedule shall be
subject to review and approval by the reviewing board.
G.
Should the association fail to maintain the common
open space or common property in reasonable order and condition, the
Township may serve written notice upon such organization and shall
follow the procedures set forth in N.J.S.A. 40:55D-43b; and if it
becomes necessary for the Township to provide maintenance, the imposition
of a lien as set forth in N.J.S.A. 40:55D-43c shall-be followed.
