[Added 7-19-2007 by Ord. No. 8-2007]
[Amended 12-6-2007 by Ord. No. 13-2007]
The provisions of this article are a furtherance
of the land use and development controls of land in the City. This
article shall not affect any of the provisions of the zoning, site
plan and subdivision requirements as they apply to the City as a whole.
After a development plan is duly filed, approved and recorded under
the provisions of this article, the land area included in the development
plan shall be governed entirely by the provisions of this article
with the exception that provisions of the zoning, site plan and subdivision
requirements specifically referenced within this article shall also
apply. This article shall not apply to single-family dwellings, two-family
dwellings or minor subdivision applications. The developmental standards
and guidelines contained in this article shall not apply to R-20F
and PA Zones in the Pinelands Forest Area and Preservation Area, respectively.
A.Â
Consideration for approval or disapproval of a development
shall be based on and interpreted in light of the effect of the development
on the comprehensive plan of the City and in light of the effect of
the development on the use of the property adjacent to and in the
areas close to the development.
B.Â
This article shall not be construed to mean the developer can, by right, merely meet the standards set herein. These standards and requirements are minimums only. The Board may require more stringent standards, based on the specific and unique nature of the site and the surrounding areas, in order to protect the health, safety and welfare of the citizens of the City. In cases where additional standards are necessary for a specific site, this article and the City subdivision and land development standards shall apply toward the site until the proposed development plan has been filed, approved and recorded, having met these additional standards. In all instances, the Pinelands area environmental standards contained in Articles V and VI of Chapter 170 shall continue to apply to all development in the City.
[Amended 12-6-2007 by Ord. No. 13-2007]
A.Â
The Board may permit the modification of the provisions
of this article. Any modification of the requirements of this article
shall be subject to the following standards:
(1)Â
The design and improvement shall be in harmony with
the purpose and intent of this article.
(2)Â
The design and improvement shall generally enhance
the development plan or, in any case, not have an adverse impact on
its physical, visual or spatial characteristics.
(3)Â
The design and improvement shall generally enhance
the streetscape and neighborhood or, in any case, not have adverse
impact on the streetscape and neighborhood.
(4)Â
The modification shall not result in configurations
of lots or street systems which shall be impractical or detract from
the appearance of the City.
(5)Â
The proposed modification shall not result in any
danger to the public health, safety or welfare by making access to
the dwellings by emergency vehicles more difficult, by depriving adjoining
properties of adequate light and air or by violating the other purposes
for which ordinances are to be enacted.
(6)Â
Landscaping and other methods shall be used to insure
compliance with the design standards and guidelines of this article.
(7)Â
The minimum lot size of any lot to be created shall
not be reduced below the requirements of this article.
(8)Â
The landowner shall demonstrate that the proposed
modification will allow for equal or better results and represent
the minimum modification necessary.
B.Â
If the Board determines that the landowner has met
his burden, it may grant a modification of the requirements of this
article. In granting modifications, the Board may impose such conditions
as will, in its judgment, secure the objectives and purposes of this
article.
A.Â
The development standards contained in this article shall be used by any applicant in preparing a development plan and by the Board in reviewing the same. In the exercise of its powers of review, the Board may approve, deny, conditionally approve or request modifications to a development plan that is deemed to be inconsistent with the development standards and guidelines or the purposes of this article in accordance with the provisions of § 170-100 herein.
[Amended 12-6-2007 by Ord. No. 13-2007]
B.Â
This article contains both development standards,
which are normative and set forth specific requirements, and development
guidelines, which define a framework and are only indicative. However,
both standards and guidelines shall be interpreted with flexibility.
The Board shall view such standards and guidelines as tools, since
exceptional situations, requiring unique interpretations, can be expected.
When applying such standards and guidelines, the Board shall weigh
the specific circumstances surrounding each application and strive
for development solutions that best promote the spirit, intent and
purposes of this article.
C.Â
The developmental standards and guidelines contained in this article shall be used as the City's minimum requirements. However, such standards and guidelines are not intended to restrict creativity, and an applicant may request a modification or exception from any development standard or guideline. Modifications to the design guidelines and standards contained in this section shall be approved by the Board in accordance with § 170-100 herein.
D.Â
This article shall not apply to single-family dwellings,
two-family dwellings or minor subdivision applications. The developmental
standards and guidelines contained in this article shall not apply
to R-20F and PA Zones in the Pinelands Forest Area and Preservation
Area, respectively.
[Added 12-6-2007 by Ord. No. 13-2007]
BAY — A regularly repeated unit
on a building elevation defined by columns, pilasters or other vertical
elements, or defined by a given number of windows or openings.
A projecting horizontal band on an exterior wall marking
the separation between floors or levels.
An exterior building wall with no openings and generally
constructed of a single material, uniform texture and on a single
plane.
The relationship between the mass of a building and its surroundings,
including the width of street, open space and mass of surrounding
buildings.
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and measured
12 inches above ground level for trees over four inches in diameter.
A vertical pillar or shaft, usually structural.
A parcel, or parcels, of land, an area of water or a combination
of land and water, including floodplain and wetland areas, within
a development site, designed and intended for the use and enjoyment
of residents of the development and, where designated, the community
at large. The area of parking facilities serving the activities in
the common open space may be included in the required area computations.
Common open space shall not include:
The land area of lots allocated for single-family
detached dwellings, single-family semidetached dwellings and duplex
dwellings, front yards, side yards and rear yards, whether or not
the dwellings are sold or rented.
The land area of lots allocated for apartment
and townhouse dwelling construction, including front yards, side yards,
rear yards, interior yards and off-street parking facilities, whether
or not the dwellings are sold or rented.
The land area of lots allocated for total commercial
use, including front yards, side yards, rear yards and parking facilities,
whether or not the commercial facilities are sold or rented.
The land area of lots allocated for public and
semipublic uses, community clubs and community facilities, including
open space for playgrounds and athletic fields which are a part of
the principal use; and front yards, side yards, rear yards and other
open space around the buildings; and parking facilities, whether or
not the schools and churches are sold or rented.
Street rights-of-way, parkways, driveways, off-street
parking, and service areas, except the landscaped central median of
boulevards.
A dynamic, diverse, compact and efficient center that has
evolved and been maintained at a human scale, with an easily accessible
central core of commercial and community services, residential units
and recognizable natural and built landmarks that provide a sense
of place and orientation.
[Added 12-6-2007 by Ord. No. 13-2007]
The character of the buildings, streetscape and neighborhood
which surround a given building or site.
The top part of an entablature, usually molded and projecting.
A small roof tower, usually rising from the roof ridge.
A light, nonstructural outer wall of a building in the form
of a metal grid with infill panels of glass and other materials.
The combination of building height and width, together with
the placement of fenestration, structural elements and architectural
details, may convey a predominantly horizontal or a predominantly
vertical directional emphasis to a building's facade.
A building or space in a building and grounds used for the
day care of senior citizens. However, it does not provide daily health-related
care or services of any kind.
An exterior facade of a structure, or its head-on view, or
representation drawn with no vanishing point, and used primarily for
construction.
Features, natural resources or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment or may require limited development or, in certain
instances, may preclude development.
A building face or wall.
A projecting, flat, horizontal member or molding, also part
of a classical entablature.
Window and other openings on a building facade.
A drawing which shows the footprint of a building(s) and
building appurtenances which touch or cover the ground, the outline
of which is rendered in solid (figure) and the openings, spaces or
nonbuilt areas surrounding these buildings shown in void or nonrendered
spaces (ground).
See "visual termination."
The part of the end wall of a building between the eaves
and a pitched or gambrel roof.
A principal point of entrance into a district or neighborhood.
A building located at a gateway and which dramatically marks
this entrance or transition through massing, extended height, use
of arches or colonnades, or other distinguishing features.
See "belt course."
The relationship between the dimensions of a building, structure,
street, open space or streetscape element and the average dimensions
of the human body.
A component of common open space, comprising one or more
parcels with a minimum area of 500 square feet, of a distinct geometric
shape, and bounded by streets with curbside parking on a minimum of
50% of their perimeter.
A private street or easement located through the interior
of blocks and providing vehicular and service access to the side or
rear of properties.
A line of communication, such as a pathway, arcade, bridge,
lane, etc., linking two areas or neighborhoods which are either distinct
or separated by a physical feature (e.g., a railroad line, major arterial)
or a natural feature (e.g., a river, stream).
A horizontal beam over an opening in a masonry wall, either
structural or decorative.
A street containing a mix of uses, including the greatest
concentration of commercial development. The main street commercial
area, together with the community green, shall form the focus of the
neotraditional neighborhood.
Wall building material, such as a brick or stone, which is
laid up in small units.
The three-dimensional bulk of a structure; height, width
and depth.
An interconnected system of streets which is primarily a
rectilinear grid in pattern, however, modified in street layout and
block shape as to avoid a monotonous repetition of the basic street/block
grid pattern. Streets are limited to a length from 200 to 1,000 feet.
A motor vehicle service station or garage that is limited
in the intensity of use to serve primarily the immediately surrounding
neighborhood. Such facilities shall be limited to two fuel dispensers
serving no greater than four motor vehicles at any one time and/or
two indoor service bays servicing no greater than two motor vehicles
at any one time.
A pedestrian-oriented neighborhood, with variable lot widths
and sizes, a mix of dwelling unit types, on-street parking and nonresidential
uses, generally located along a main street commercial area or fronting
on a community green. The size of the neighborhood is a five-minute
walk (or about 1,500 feet) from the core.
[Amended 12-6-2007 by Ord. No. 13-2007]
The number of dwelling units in relation to the total land
area proposed to be used for residential purposes, not including rights-of-way,
interior parking areas, access drives, private streets, sidewalks,
common open space and public or semipublic parks and playgrounds.
This can also apply to the specific lot on which a building(s) is
sited. It can be measured in dwelling units per acre (DU/A).
See "internal open space."
A planting area located within the public right-of-way, typically
located between the curb and the sidewalk, and planted with ground
cover and trees.
A column partially embedded in a wall, usually nonstructural.
The angle of slope of a roof or berm.
An open-sided structure attached to a building sheltering
an entrance or serving as a semienclosed space.
The relationship or ratio between two dimensions, e.g., width
of street to height of building wall, or width to height of window.
A paved path provided for pedestrian use and usually located
at the side of a road within a right-of-way. In residential areas,
it is separated from the cartway by a parkway.
That which is reasonably visible, under average conditions,
to the average observer located on any public land or right-of-way
or on any semipublic or private space which is normally accessible
to the general public.
Corner treatment for exterior walls, either in masonry or
frame buildings.
The effect obtained through repetition of architectural elements,
such as building footprints, height, rooflines or side yard setbacks;
of streetscape elements, such as decorative lampposts; or of natural
elements, such as street trees.
The relationship between the solid portions of a building
facade and the voids formed by doors, windows, other openings and
recesses. May also refer to the relationship between building mass
(solids) and side yard setbacks (voids) along a street.
See "recreation area."
The outdoor display of merchandise for sale by a commercial
establishment. The displayed merchandise must be similar to the merchandise
sold within the establishment.
The area or areas on a commercial building facade where signs
may be placed without disrupting facade composition. The signable
area will often include panels at the top of show windows, transoms
over storefront doors and windows, sign boards on fascias, and areas
between the top of the storefront and the sills of second-story windows.
The vertical surface of a lintel over a storefront which
is suitable for sign attachment.
See "sign, icon."
A sign that illustrates, by its shape and graphics, the nature
of the business conducted within.
Functional elements of the streetscape, including but not
limited to benches, trash receptacles, planters, telephone booths,
kiosks, sign posts, street lights, bollards and removable enclosures.
The built and planted elements of a street which define its
character.
See "belt course."
The exterior finish of a surface, ranging from smooth to
coarse.
See "public viewshed."
A buffering or screening device which partially or totally
blocks the view to, or from, adjacent sites by a discernible factor
ranging up to 100%.
A process by which a community participates in evaluating
its existing environment and in developing a common vision for its
future.
A point, surface, building or structure terminating a vista
or view, often at the end of a straight street or coinciding with
a bend.
A.Â
Not less than 15% of the neighborhood shall be allocated
to and shall remain in common open space in perpetuity. Common open
space shall be deed restricted to prohibit future subdivision or development,
except for recreational and cemetery uses which may be permitted with
the approval of the Board. Common open space shall be used for social,
recreational and/or natural environment preservation purposes. The
uses authorized must be appropriate to the character of the common
open space, including its topography, size and vegetation, as well
as to the character of the development, including its size and density,
the characteristics of the expected population, and the number and
type of dwellings to be provided. The common open space shall be provided
in the form of internal open space and peripheral open space.
B.Â
Internal open spaces shall contain a minimum of 500 square feet and shall be of a distinct geometric shape, generally rectilinear or square, bounded by streets with curbside parking on a minimum of 50% of its perimeter. Internal open spaces shall be landscaped such that a minimum of 75% of the area is covered with trees, shrubs, lawn and groundcover. The type of trees and shrubs shall be such that vistas through the internal open space are largely unobstructed. Internal open spaces shall be landscaped according to Pinelands Comprehensive Management Plan vegetation regulations, N.J.A.C. 7:50-6.21 and § 170-73A, and shall use elements such as formal gardens, walkways, monuments, statues, gazebos, fountains, park benches and pedestrian-scale lampposts. Internal open spaces shall be landscaped using elements such as formal gardens, walkways, monuments, statues, gazebos, fountains, park benches, and pedestrian-scale lampposts. Internal open spaces shall be designed as village commons, town squares or urban parks, and shall be designed as an active gathering place for all residents of the development in both day and evening and shall include places for strolling, sitting, social interaction and informal recreation.
[Amended 12-6-2007 by Ord. No. 13-2007]
C.Â
Each community shall be designed to have one primary
internal open space which shall be considered as part of the dedicated
common open space requirement and shall be referred to as the community
green. The community green shall have a minimum area of 10,000 square
feet and the size, shape and design of the community green shall provide
adequate space for concerts, outdoor exhibits and community gatherings
based on the number of residents expected in the development. Public
restrooms, public telephones and police/fire call boxes shall be provided
in each community green. A bus stop shall be provided in or adjacent
to the community green. The community green shall be surrounded by
a concentration of high-density development, which may include commercial,
residential and public and semipublic uses, community clubs and community
facilities. If the development includes a main street commercial area,
the community green shall either front upon a main street, main street
shall terminate at the community green or main street and the community
green shall otherwise be incorporated into a combined community focus
for the development. Nothing herein shall preclude a large tract from
containing two separate developments with two separate community greens.
D.Â
The community green shall be centrally located to
be within 1,500 feet of 90% of all dwelling units in the development.
This is determined by a radius of 1,500 feet from the outermost boundary
of the community green. In developments where the community green
is combined with a main street commercial area, the radius of 1,500
feet shall also be measured from the outermost boundary of the lots
fronting on the main street commercial area.
E.Â
Peripheral open space shall be required where certain
conditions exist adjacent to the tracts, as specified below:
(1)Â
A peripheral open space area of a minimum of 20 feet
in width shall be provided where the tract abuts any roadway listed
as an arterial or highway.
(2)Â
A peripheral open space area of a minimum of 30 feet
in width shall be provided where the tract abuts an existing tract
of open space, public parkland or an undeveloped tract.
(3)Â
Peripheral open space areas may be used for agricultural
purposes, including wood lots, with the approval of the Board. Peripheral
open space areas used for agricultural purposes shall be a minimum
of 40 feet in width from the boundary of the developed area to the
property line of the tract and shall provide for appropriate buffering
adjacent to the developed area of the property.
(4)Â
Unless peripheral open space areas abutting arterial
and highways contain existing mature trees and vegetation, such areas
shall be densely planted with a mixture of indigenous species trees
to achieve a year-round, visually impervious screen within five years.
F.Â
Common open space, particularly peripheral open space
areas, containing existing attractive or unique natural features,
such as streams, creeks, ponds, woodlands, specimen trees and other
areas of mature vegetation worthy of preservation, may be left unimproved
and in a natural state. As a general principle, the preservation of
undeveloped open space in its natural state is encouraged. A developer
may make certain improvements such as the cutting of trails for walking
or jogging and the provision of picnic areas. In addition, the Board
may require a developer to make other improvements, such as removal
of dead or diseased trees, thinning of trees or other vegetation,
to encourage more desirable growth and grading and seeding. To the
greatest extent possible, common open space shall include all environmentally
sensitive areas, including areas with slopes greater than 20%, one-hundred-year
floodplains, wetlands, areas of seasonally high water and other such
critical areas, as may be determined by the Board. Existing man-made
features may be preserved through incorporation in common open space.
G.Â
Peripheral open space areas may be used for public
and semipublic recreation purposes with the approval of the Board.
Recreational facilities shall be required to serve the anticipated
needs of the developments, taking into account the anticipated characteristics
and demographic profile of the development's population, the recreational
facilities available in neighboring developments and the relevant
provisions regarding recreational facilities contained in the comprehensive
plan. Recreational facilities may include soccer, baseball, football
and other field sports that require open, unlit fields. This requirement
may be satisfied by a public green space in the downtown redevelopment
area.
H.Â
Cemeteries may be permitted in both internal and peripheral
open space areas with the approval of the Board.
I.Â
The buildings, structures and improvements permitted
in the common open space shall be appropriate to the authorized uses
and shall conserve and enhance the amenities of the common open space
with regard to its topography and unimproved condition.
J.Â
The construction schedule of the development shall
coordinate the improvement of the common open space with the construction
of residential dwellings. At no time in the development of various
phases of the community may the total area of common open space in
the developed phases be less than 50% of the gross area of the required
open space unless additional areas to produce the required percentage
are permanently reserved as common open space on the remaining land
of the total development. The location or size of this reserved common
open space on remaining land may be altered or changed upon the approval
and recording of the development plan of an additional phase of development.
K.Â
The method utilized for ownership, administration
and maintenance of common open space shall be approved by the Board
and Council of the municipality. The ownership, administration and
maintenance of common open space shall be arranged to be in accordance
with one or more of the following:
(1)Â
The City may accept dedication of common open spaces
or any interest therein for public use and maintenance, for no consideration
to be paid by the City. Unless waived by the Board and Council of
the municipality at time of approval, the City shall have the option
to accept all or any portion of the common open space at any time
within 10 years of the recording of the final subdivision plan for
the development. The final plan shall contain a note, in language
acceptable to the City solicitor, that the common open space is irrevocably
dedicated to the City for a period of 10 years from the date of the
recording of the final plan. Said note shall also state that the City
shall have no duty to maintain or improve the dedicated common open
space unless and until it has been accepted by formal action of the
Council.
(2)Â
The landowner may establish an automatic-membership
property owners' association made up of the owners of property in
the community, as a nonprofit corporation for the purpose of owning,
administering and maintaining common open space; provided, however,
that the association shall not be dissolved nor shall it dispose of
the common open space by sale or otherwise (except to an organization
conceived and established to own, administer and maintain common open
space approved by the Board and/or Council) without first offering
the common open space for dedication to the City. The property owners'
association shall be empowered to levy and collect assessments from
the property owners of the community to cover replacements, working
capital and operating expenses, insurance against casualty and liability,
and contingencies.
(3)Â
The landowner may establish a deed or deeds of trust,
approved by the Board and/or Council, for the purpose of owning, administering
and maintaining common open space, with the trustee empowered to levy
and collect assessments from the property owners of the community
to cover replacements, working capital, operating expenses, insurance
against casualty, liability, and contingencies.
(4)Â
With permission of the City, and with appropriate
deed restrictions in favor of the City and in language acceptable
to the City solicitor, the developer may transfer the fee-simple title
in the common open space or a portion thereof to a private, nonprofit
organization among whose purposes is the conservation of open space
land and/or natural resources, provided that:
(a)Â
The organization is acceptable to the City and
is a bona fide conservation organization with a perpetual existence;
(b)Â
The conveyance contains appropriate provisions
for proper retransfer or reverter in the event that the organization
becomes unable to continue to carry out its functions; and
(c)Â
A maintenance agreement acceptable to the City
is entered into by the developer, organization and City.
L.Â
In the event that the organization established to
own and maintain common open space, or any successor organization,
shall at any time after the establishment of the community fail to
maintain the common open space in reasonable order and condition in
accordance with the development plan, the Board and/or Council may
serve written notice upon such organization or upon the residents
of the community setting forth the manner in which the organization
has failed to maintain the common open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be corrected within 30 days thereof and shall state the date and place
of a hearing thereon which shall be held within 14 days of the notice.
At such hearing the Board and/or Council may modify the terms of the
original notice as to the deficiencies and may give an extension of
time within which they shall be corrected. If the deficiencies set
forth in the original notice or in the modifications thereof shall
not be corrected within said 30 days or any extension thereof, the
City Council, in order to preserve the taxable values of the property
within the community and to prevent the common open space from becoming
a public nuisance, may enter upon the common open space and maintain
the same for a period of one year. Said maintenance by the City, as
directed by the Board and/or Council, shall not constitute a taking
of said common open space, nor vest in the public any rights to use
the same. Before the expiration of said year, the Board and/or Council
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space,
call a public hearing upon notice to such organization, or the residents
of the community, to be held by the Board and/or Council or its designated
agency, at which hearing such organization or the residents of the
community shall show cause why such maintenance by the City shall
not, at the option of the City, continue for a succeeding year. If
the Board and/or Council or its designated agency shall determine
that such organization is not ready and able to maintain said common
open space in a reasonable condition, the City may, in its discretion,
continue to maintain said common open space during the next succeeding
year and, subject to a similar hearing and determination, in each
year thereafter. The decision of the Board and/or Council shall be
subject to appeal to court in such manner and within the same time
limitation as is provided for appeals by the State of New Jersey.
The cost of maintenance of such common open space by the City shall
be assessed ratable against the properties within the community that
have a right of enjoyment of the common open space and shall become
a lien on said properties. The City, at the time of entering upon
said common open space for the purpose of maintenance, shall file
a notice of lien in the Office of the Atlantic County Clerk upon the
properties affected by the lien within the community.
A.Â
The street shall be designed to create blocks that
are generally rectilinear in shape, a modified rectilinear shape or
another distinct geometric shape. Amorphously shaped blocks are generally
discouraged, except where topographic or other conditions necessitate
such a configuration. To the greatest extent possible, blocks shall
be designed to have a maximum length of 600 feet. Terraces shall be
permitted to bisect blocks.
B.Â
Lot areas and lot widths shall vary at random to the
greatest extent possible, in order to eliminate the appearance of
a standardized subdivision. To the extent possible, no more than two
lots in a row shall have the same width. Lots shall vary by a minimum
of five-foot increments.
C.Â
Insofar as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
D.Â
Lots with reverse frontage shall provide a twenty-five-foot
natural landscaped buffer along the street line in addition to the
required rear yard setback. The rear yard setback line shall begin
at the interior limit of the buffer. If the buffer requires additional
supplemental planting to enhance the natural appearance, the reviewing
Board shall determine the acceptable planting, berming and/or fencing
with the advice and support of reviewing professionals.
A.Â
The street layout shall be a modified grid street
pattern adapted to the topography, unique natural features, environmental
constraints of the tract and peripheral open space areas. The street
layout shall take into consideration the location of the community
focus, other internal open space areas, gateways and vistas. A minimum
of two interconnections with the existing public street system rated
as an arterial or collector shall be provided where possible. Linkages
to adjacent developments and neighborhoods with pedestrian and bicycle
paths are recommended where possible.
B.Â
The street layout shall form an interconnected system
of streets primarily in a rectilinear grid pattern, however, modified
to avoid a monotonous repetition of the basic street/block pattern.
The use of culs-de-sac and other roadways with a single point of access
shall be minimized. To the greatest extent possible, streets shall
be designed to have a maximum length of 600 feet, from intersection
to intersection and, to the greatest extent possible, shall either
continue through an intersection or terminate in a "T" intersection
directly opposite the center of a building, an internal open space
area or a view into a peripheral open space area.
A.Â
A minimum of 20% of the total units are set aside
for households of moderate and low income. To the extent possible,
these units should be slated for ownership with the conditional provision
of only the cost-of-living increment assigned upon selling to another
low- or moderate-income family. Half of the units shall be for low-income
families, and half shall be for moderate-income families. This provision
may be modified to satisfy the New Jersey Council on Affordable Housing
(COAH) requirements.
B.Â
Buildings containing dwelling units shall be designed in conformance to the selected design vocabulary. See § 170-118 of this article. Building designs shall vary in terms of footprint, architectural elevations, fenestration, type of roof, height, front entrance, and porch locations. Colors, materials and architectural details should be limited in number, compatibility and repetition throughout the neighborhood.
C.Â
Apartment dwellings located on upper floors above
commercial uses shall have elevator access provided for eight or more
interconnected units.
D.Â
All residential units shall be raised above the level
of the adjacent sidewalk by a minimum of two feet to provide security
and privacy.
E.Â
A minimum of 50% of all dwelling units, excluding
apartment dwellings located on upper floors, shall have a clearly
defined front yard using landscaping, hedging, fencing or a brick
or stone wall, none of which shall exceed three feet in height. Front
yards of attached duplexes or townhouses may be unified into one common
yard treated as a single front yard for the entire building.
F.Â
A minimum of 50% of dwelling units, except apartments,
shall have a front entrance articulated with a covered front entry
porch. Front porches shall be located on the front of the dwelling
facing the sidewalk. The size of front-entry porches shall be a minimum
of five feet deep, from the front wall of the dwelling to the enclosing
porch rail, and 10 feet long.
G.Â
All dwelling units, except apartments located on upper
floors, shall have a private yard or patio a minimum of 400 square
feet in area and enclosed by a masonry wall, wooden fence, trellis
or lattice, evergreen hedge, vines or some combination thereof. The
height of such yard or patio enclosure shall not exceed six feet and
shall be suitable to provide privacy and screen views of neighboring
uses. Each upper-floor apartment dwelling shall be provided with a
terrace consisting of a minimum of 64 square feet, recessed inside
the exterior building wall of the dwelling, or a balcony of 72 square
feet projecting to the outside of the building wall. If a terrace
or balcony is not provided for upper floor apartments, each dwelling
shall be provided with access to a conveniently located common space,
park or green with an additional 100 square feet of area above the
required internal open space. Such additional space shall be designed
as outdoor rooms with hard surfaces and places for movable chairs
and tables.
A.Â
Commercial uses shall be contained in multistory,
mixed-use structures with commercial/retail uses on the ground level
and apartment dwellings or offices on the upper levels. Such buildings
shall vary in terms of footprint and architectural elevations. The
maximum ground-level footprint of a commercial unit in a building
shall be 5,000 square feet. In a three-story building, the second
floor may contain either apartment dwellings or commercial uses.
B.Â
Corner stores may be located in residential areas
of the small community away from the core. Corner-store buildings
shall be designed to appear as a residential building and shall be
limited to one ground-level commercial use not to exceed 1,000 square
feet in gross floor area with apartment dwellings on the upper level(s).
The commercial use in a corner store shall be primarily oriented to
serve the residents of the immediately surrounding neighborhood. A
corner-store building shall be set back a maximum of 10 feet from
the right-of-way line.
C.Â
Restaurants shall be permitted to operate outdoor
cafes on sidewalks, including areas within the public right-of-way
and in courtyards, provided that pedestrian circulation and access
to store entrances shall not be impaired. The following standards
and guidelines are applicable:
(1)Â
To allow for pedestrian circulation, a minimum of
five feet of sidewalk along the curb and leading to the entrance to
the establishment shall be maintained free of tables and other encumbrances.
(2)Â
Planters, posts with ropes, or other removable enclosures
are encouraged and shall be used as a way of defining the area occupied
by the cafe.
(3)Â
Extended awnings, canopies or large umbrellas shall
be permitted and located to provide shade. Colors shall complement
building colors.
(4)Â
Outdoor cafes shall be required to provide additional
outdoor trash receptacles.
(5)Â
Tables, chairs, planters, trash receptacles and other
elements of street furniture shall be compatible with the architectural
character of the building where the establishment is located.
(6)Â
Outdoor cafes shall not be entitled to additional
signage over and beyond what is permitted for this type of establishment.
(7)Â
The operators of outdoor cafes shall be responsible
for maintaining a clean, litter-free and well-kept appearance within
and immediately adjacent to the area of their activities.
D.Â
Commercial uses shall be permitted to have sidewalk
displays of retail merchandise. The following standards and guidelines
are applicable:
(1)Â
Sidewalk displays are permitted directly in front
of an establishment, provided that at least five feet of clearance
is maintained at the storefront entrance for adequate and uncluttered
pedestrian access, provided the display is located against the building
wall and not more than three feet deep, and provided the display area
does not exceed 75% of the length of the storefront.
(2)Â
Display cases shall be permitted only during normal
business hours and shall be removed at the end of the business day.
Cardboard boxes shall not be used for sidewalk displays.
(3)Â
Sidewalk displays shall maintain a clean, litter-free
and well-kept appearance at all times and shall be compatible with
the colors and character of the storefront from which the business
operates.
A.Â
Not less than 2% of the gross tract or 450 square
feet per dwelling shall be dedicated as sites for public and semipublic
uses, community clubs or community facilities.
B.Â
Sites for such uses shall be dedicated to appropriate
users, as determined by the Board. Such uses can include churches
and religious institutions, day care and other institutional uses.
C.Â
Such uses shall occupy prominent buildings. Buildings
shall employ additional mass and height, civic architectural design
or other distinguishing features.
D.Â
Parking for such uses shall utilize on-street parking
to the extent possible. If additional off-street parking is required,
it shall be located in the rear of the building or structure and screened
from the viewshed of the street.
A.Â
A sidewalk network shall be provided throughout the
development that interconnects all dwelling units with other units,
nonresidential uses and common open space. Sidewalks shall promote
pedestrian activity within each site and throughout the development;
they shall be separate and distinct from motor vehicle circulation
to the greatest extent possible, provide a pleasant route for users,
promote enjoyment of the development and encourage incidental social
interaction among pedestrians. Sidewalks shall be of barrier-free
design to the greatest extent possible. The pedestrian circulation
system shall include gathering/sitting areas and provide benches,
landscaping and other street furniture where appropriate.
B.Â
Sidewalks shall be a minimum of four feet in width,
expanding to five feet and six feet along major pedestrian routes;
sidewalks in commercial areas shall be 10 to 15 feet in width. Sidewalks
shall be constructed of brick, slate, colored/textured concrete pavers,
concrete containing accents of brick or some combination thereof that
is compatible with the style, materials, colors and details of the
surrounding buildings. The functional, visual and tactile properties
of the paving materials shall be appropriate to the proposed functions
of pedestrian circulation.
C.Â
Walkways shall be raised and curbed along buildings
and within parking lots, where suitable. Pedestrian street crossings
shall be clearly delineated by a change in pavement color and/or texture.
All sidewalks and other pedestrian walkways shall have appropriate
lighting, using poles and fixtures consistent with the overall design
theme for the development.
D.Â
Bikeways shall be provided, where possible, to link
internal open space areas with peripheral open space areas and continuing
on routes through peripheral open space areas. Bikeways do not have
to be marked on local residential streets with low average daily traffic.
Bikeways are required on access and entry roads and on boulevards
with high average daily traffic. Bikeways shall be a minimum of six
feet wide and may use asphalt paving. Bike racks shall be provided
in internal open space areas and recreation areas in the peripheral
open space.
A.Â
The ratio of parking spaces required is found in § 170-62 of the Egg Harbor City Developmental Ordinance.
B.Â
Off-street parking for commercial uses shall be sufficient
to provide parking for the employees of all proposed uses as well
as long-term customer parking. Spaces reserved for employees shall
be designated as such by means of striping and signage. Off-street
parking lots shall be prohibited in any front yard setback area, shall
be located at the rear of buildings on the interior of lots and shall
be accessed by means of common driveways, preferably from side streets
or lanes. Such lots shall be small-sized (less than 25 parking spaces),
where possible, and interconnected with commercial parking lots on
adjacent properties. Cross-access easements for adjacent lots with
interconnected parking lots shall be required in language acceptable
to the City solicitor. Common, shared parking facilities are encouraged,
where possible.
C.Â
Parking for all dwelling units shall be prohibited
in front yard setback areas. Driveways shall be prohibited in any
front yard area. For other dwelling types, driveway access shall be
provided from terraces. Driveways and parking areas shall be set back
a minimum of three feet from the side of dwelling units and 20 feet
from the rear of dwelling units. Driveways shall be set back a minimum
of three feet from any side property line, unless such driveway is
shared by dwellings on two adjacent lots, in which case the driveway
may be located with the driveway center line on the common side lot
line. Parking for townhouses shall be provided in a common off-street
parking area, garages or parking spaces with access from a rear terrace.
Private driveways for townhouses shall connect to lanes only and not
to a street. However, a common driveway serving a minimum of eight
units may be permitted from a street. Parking for apartments may be
located in common parking lots located on a lot other than that containing
the apartment building, but within 400 feet of the apartment building
entrances. If access to a garage is provided from a street, the front
entrance of such a garage shall be set back 15 feet further than the
front wall of the dwelling unit. The location of a garage shall be
set back a minimum of five feet from the side or rear property line.
D.Â
Parking lot landscaping, buffering and screening.
(1)Â
Lots for apartment and nonresidential uses shall balance
the functional requirements of parking with the provision of pedestrian
amenities. Transition areas between parking and civic, commercial
or residential uses shall be designed with textured paving, landscaping
and street furniture.
(2)Â
Parking lot layout, landscaping, buffering and screening
shall prevent direct views of parked vehicles from streets and sidewalks,
avoid spillover light, glare, noise or exhaust fumes onto adjacent
properties, in particular residential properties, and provide the
parking area with a reasonable measure of shade, when trees reach
maturity. In order to achieve these objectives, parking lots exposed
to view shall be surrounded by a minimum of a five-foot-high, year-round,
visually impervious screen, hedge or wall. The height of any required
screen, hedge or wall shall decrease where driveways approach sidewalks
or walkways, in order to provide adequate visibility of pedestrians
from motor vehicles, and shall not interfere with clear sight triangle
requirements.
(3)Â
The interior of all parking lots shall be landscaped
to provide shade and visual relief. This is best achieved by protected
planting islands or peninsulas within the perimeter of the parking
lot. Parking lots with 10 or fewer spaces may not require interior
landscaping if the Land Use Board determines that there is adequate
perimeter landscaping. If this perimeter landscaping is found to be
inadequate, and in parking lots with 11 or more spaces, a minimum
of one deciduous shade tree shall be planted for every six parking
spaces. A six-foot planting diamond or equivalent planter is required.
Choice of plant materials, buffer width, type of screening, location
and frequency of tree planting shall be flexible, provided these objectives
are substantially satisfied.
[Amended 8-28-2014 by Ord. No. 9-2014]
(4)Â
Parking lot layout shall take into consideration pedestrian
circulation and pedestrian walkways. Pavement textures shall be required
on pedestrian accessways and strongly encouraged elsewhere in the
parking lot as surfacing materials or when used as accents.
A.Â
When required, loading docks, solid waste facilities,
recycling facilities and other service areas shall be placed to the
rear or side of buildings in visually unobtrusive locations.
B.Â
Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and landscaping shall also prevent spillover glare, noise or exhaust fumes. Screening and buffering shall be achieved through fire-resistant walls, fences and landscaping, shall be a minimum of five feet tall and shall be visually impervious. Recesses in the building or depressed access ramps may be used. See § 170-114M.
A.Â
Buildings located at gateways entering the development
shall mark the transition into and out of the neighborhood in a distinct
fashion using massing, additional height, contrasting materials and/or
architectural embellishments to obtain this effect. Buildings located
at gateways to a community green area or a main street commercial
area shall mark the transition to such areas in a distinct fashion
using massing, additional height, contrasting materials and/or architectural
embellishments to obtain this effect.
B.Â
Focal points or points of visual termination shall
generally be occupied by more prominent, monumental buildings and
structures that employ enhanced height, massing, distinctive architectural
treatments or other distinguishing features.
C.Â
Buildings shall define the streetscape through the
use of uniform setbacks for each block. The streetscape shall also
be reinforced by lines of closely planted shade trees and may be further
reinforced by walls, hedges or fences which define front yards.
D.Â
Exterior public and semipublic spaces, such as courtyards
or plazas, shall be designed to function, to enhance surrounding buildings
and to provide amenities for users in the form of textured paving,
landscaping, lighting, street trees, benches, trash receptacles and
other items of street furniture, as appropriate. Courtyards shall
have recognizable edges defined on at least three sides by buildings,
walls, elements of landscaping and elements of street furniture in
order to create a strong sense of enclosure.
E.Â
Buildings shall be considered in terms of their relationship
to the height and massing of adjacent buildings, as well as in relation
to the human scale.
F.Â
Buildings shall be located to front towards and relate
to public streets, both functionally and visually, to the greatest
extent possible. Buildings shall not be oriented to front toward a
parking lot.
G.Â
Spatial relationships between buildings and other
structures shall be geometrically logical and/or architecturally formal.
On a lot with multiple buildings, those located on the interior of
the site shall front towards and relate to one another, both functionally
and visually. A lot with multiple buildings may be organized around
features such as courtyards, greens or quadrangles which encourage
pedestrian activity and incidental social interaction among users.
Smaller, individualized groupings of buildings are encouraged. Buildings
shall be located to allow for adequate fire and emergency access.
H.Â
The acoustic, thermal, visual and tactile properties
of the proposed paving materials shall be appropriate to the proposed
functions of pedestrian circulation. Modular masonry materials, such
as brick, slate and concrete pavers, or grid, cast-in-place materials,
such as exposed aggregate concrete slabs, shall be used, whenever
possible, on sidewalks, pedestrian walkways and pathways and public
or semipublic plazas, courtyards or open spaces. Asphalt and nonaggregate
exposed concrete slabs should be avoided.
I.Â
Walls and fences shall be architecturally compatible
with the style, materials and colors of the principal building on
the same lot. Stone walls or brick walls with a stone or cast stone
cap are encouraged. Wood fences, decorative metal or cast iron fences,
masonry or stucco walls and stone piers shall be encouraged. Solid
wooden fences are permitted in rear and side yards only. Highway-style
guard rail, stockade or contemporary security fencing such as barbed
wire or razor wire is prohibited.
A.Â
Extensive landscaping shall be required in accordance
with a landscape plan conceived for the community as a whole. All
areas of a site not occupied by buildings, parking lots, other improvements
or textured paving shall be intensively planted with trees, shrubs,
hedges, ground covers and/or grasses, unless such area consists of
attractive existing vegetation to be retained. Perennials and annuals
are encouraged.
B.Â
Landscaping shall be integrated with other functional
and ornamental site design elements, where appropriate, such as recreational
facilities, ground paving materials, paths and walkways, fountains
or other water features, trellises, pergolas, gazebos, fences, walls,
street furniture, art and sculpture.
C.Â
Plant suitability, maintenance and compatibility with
site and construction features are critical factors which shall be
considered. Plantings shall be designed with repetition, structured
patterns and complementary textures and colors and shall reinforce
the overall character of the area.
D.Â
Landscaping plans shall be prepared by a certified
professional in the field of landscape architecture.
E.Â
Removal of debris. All stumps and other tree parts,
litter, brush, weeds, excess or scrap building materials or other
debris shall be removed from the area of the site to be constructed
and disposed of in accordance with the law. No tree stumps, portions
of tree trunks or limbs shall be buried anywhere in the development.
All dead or dying trees, standing or fallen, shall be removed from
the site. If trees and limbs are reduced to chips, they may, subject
to approval of the municipal engineer, be used as mulch in landscaped
areas. Areas which are to remain as open space and undeveloped shall
be cleaned of all debris and shall remain in their natural state.
F.Â
Protection of existing plantings. Maximum effort should
be made to save fine or mature specimens because of size or relative
rarity. These should be protected and preserved. No material or temporary
soil deposits shall be placed within four feet of shrubs or within
two feet of the drip line of trees designated to be retained. Protective
barriers or tree wells shall be installed around each plant and/or
group of plants at the drip line, that are to be retained. Barriers
shall not be supported by the plants they are protecting, but shall
be self-supporting. Barriers, such as snow fences, shall be a minimum
of four feet high and constructed of a durable material that will
last until construction is completed.
G.Â
Slope plantings. Landscaping of the area of all cuts,
fills and/or terraces shall be sufficient to prevent erosion, and
all roadway slopes steeper than one foot vertically to three horizontally
shall be planted with ground covers appropriate for the purpose, soil
conditions, water availability and environment.
H.Â
Additional landscaping. In addition to the required
screening and street trees, additional plantings or landscaping elements
shall be required throughout, where necessary, for climate control,
privacy or for aesthetic reasons.
I.Â
Planting specifications. Deciduous trees shall have
at least a three-inch caliper at the time of planting. Evergreen trees
shall be a minimum of five to six feet high at the time of planting.
Shrubs shall be two feet in height at the time of planting. Only nursery-grown
plant materials shall be acceptable, and all trees, shrubs and ground
covers shall be planted according to accepted horticultural standards.
J.Â
Within two years from the time of planting, all dead
or dying plants installed new, transplanted or designated as existing
trees to be retained on the plan shall be replaced by the developer.
With required maintenance and watering, it shall be as appropriate
for the plant type. Trees or other vegetation which dies after the
second year shall be replaced and maintained by the property owners'
association.
K.Â
Plant species. Selected plant species shall be consistent
with N.J.A.C. 7:50-6.25. The plant species selected should be hardy
for the particular climatic zone in which the development is located
and appropriate in terms of function and size. Trees shall have a
caliper of three inches, shall be nursery grown, shall be of substantially
uniform size and shape and shall have straight trunks. Trees shall
be properly planted and staked and provisions made by the applicant
for regular watering and maintenance until they are established. Dead
or dying trees shall be replaced by the applicant during the next
planting season.
[Amended 12-6-2007 by Ord. No. 13-2007]
L.Â
Other landscape improvements. Landscaping and site
treatment plans shall consider seasonal flowers in planters, planting
beds and hanging baskets.
M.Â
Garbage and recycling. Garbage collection, recycling areas and other utility areas shall be screened around their perimeter by fire-resistant enclosures with a roof or by masonry walls, with a minimum height of five feet. Such a wall shall be capped on the top. A landscaped planting strip a minimum of three feet wide shall be located on three sides of such a facility. Planting material shall be separated from the parking lots by Belgian block curbing, but such facility shall have ramp access for vehicles and carts. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs, ground cover or covered with mulch. Garbage and recycling shall not be placed in the front yard. See § 170-111B.
N.Â
Energy conservation. To conserve energy, landscaping
shall include the planting of evergreen windbreaks to block northwest
winds in the winter, thereby reducing heating energy costs in the
winter. Deciduous shade trees shall be planted near the southern facades
of buildings to block summer sun, thereby reducing solar heat gain
during the summer months.
A.Â
Shade trees shall be provided along each side of all
streets, public or private, existing or proposed. Shade trees shall
also be massed at critical points, such as at focal points along a
curve in the roadway. In locations where healthy and mature shade
trees currently exist, the requirements for new trees may be waived
or modified.
B.Â
Shade trees shall have a minimum caliper of three
to 3Â 1/2 inches and/or a minimum height of 12 feet at time of
planting and a maximum spacing of 30 feet on center, with exact spacing
to be evaluated on a site-specific basis.
C.Â
The particular species of shade trees shall be determined
upon specific locational requirements, soil types, geology, climate
and indigenous species. The following urban-tolerant street trees
are recommended for streets and elsewhere in a community, and other
species may be considered:
A.Â
Street lights shall be decorative and blend with the
architectural style of the small community.
B.Â
Streets and sites shall provide adequate lighting
while minimizing adverse impacts, such as glare and overhead sky glow,
on adjacent properties and the public right-of-way. House side shields
shall be provided where abutting a residential use.
C.Â
Along all commercial or mixed use streets, parking
areas, sidewalks, walkways, courtyards, community greens and interior
open spaces in a community, twelve-foot-high decorative lampposts
shall be provided at regular intervals. Posts shall be spaced at no
greater than 80 feet on center on both sides of a commercial or main
street. Lighting on residential streets should be confined to the
intersections and corners. Lighting standards shall be consistent
throughout the small community.
D.Â
In residential parking zones, post heights may be
a maximum of 16 feet. In nonresidential zones, post heights may be
25 feet.
E.Â
Use of minimum-wattage metal halide or color-corrected
sodium light sources is encouraged. Non-color-corrected, low-pressure
sodium and mercury vapor light sources are prohibited.
F.Â
Porch light and yard post lighting shall be incorporated
into the street lighting design.
A.Â
Buildings shall generally relate in scale and design
features to the surrounding buildings, showing respect for the local
context. As a general rule, buildings shall reflect a continuity of
treatment obtained by maintaining the building scale or by subtle
graduating changes; by maintaining front yard setbacks; by maintaining
base courses; by continuous use of front porches on residential buildings;
by maintaining cornice lines in buildings of the same height; by extending
horizontal lines of fenestration; and by echoing architectural styles
and details, design themes, building materials and colors used in
surrounding buildings.
B.Â
Buildings on corner lots shall be considered significant
structures since they have at least two front facades visibly exposed
to the street. If deemed appropriate by the Land Use Board, such buildings
may be designed with additional height and architectural embellishments,
such as corner towers, to emphasize their location.
[Amended 8-28-2014 by Ord. No. 9-2014]
C.Â
Buildings shall avoid long, monotonous, uninterrupted
walls or roof planes. Building wall offsets, including projections,
recesses and changes in floor level shall be used in order to add
architectural interest and variety and to relieve the visual effect
of a simple, long wall. Similarly, roofline offsets shall be provided
in order to provide architectural interest and variety to the massing
of a building and to relieve the effect of a single, long roof. The
exterior of townhouses or apartments may be designed to appear as
a single building, such as a large single-family detached dwelling.
D.Â
The brick buildings facing a public street or internal
open space shall be architecturally emphasized through fenestration,
entrance treatment and details. Buildings with more than one facade
facing a public street or internal open space shall be required to
provide several front facade treatments.
E.Â
The architectural treatment of the front facade shall
be continued, in its major features, around all visibly exposed sides
of a building. All sides of a building shall be architecturally designed
to be consistent with regard to style, materials, colors and details.
Blank wall or service area treatment of side and/or rear elevations
visible from the public viewshed is discouraged.
F.Â
All visibly exposed sides of a building shall have
an articulated base course and cornice. The base course shall align
with either the kick plate or sill level of the first story. The cornice
shall terminate or cap the top of a building wall, may project horizontally
from the vertical building wall plane and may be ornamented with moldings,
brackets and other details. The middle section of a building may be
horizontally divided at the floor, lintel or sill levels with belt
or string courses.
G.Â
Gable roofs with minimum pitch of 9/12 should be used
to the greatest extent possible. Where hipped roofs are used, it is
recommended that the minimum pitch be 6/12. Both gable and hipped
roofs should provide overhanging eaves on all sides that extend a
minimum of one foot beyond the building wall. Flat roofs should be
avoided on one-story buildings and are recommended on buildings with
a minimum of two stories, provided that all visibly exposed walls
have an articulated cornice that project horizontally from the vertical
building wall plane. Other roof types should be appropriate to the
building's architecture. Mansard roofs are generally discouraged,
particularly on buildings less then three stories in height. Architectural
embellishments that add visual interest to roofs, such as dormers,
masonry chimneys, cupolas, clock towers and other similar elements,
are encouraged.
H.Â
Fenestration shall be architecturally compatible with
the style, materials, colors and details of the building. Windows
shall be vertically proportioned wherever possible. To the extent
possible, upper-story windows shall be vertically aligned with the
location of windows and doors on the ground level, including storefront
or display windows.
I.Â
Blank, windowless walls are discouraged. Where the
construction of a blank wall is necessitated by local building codes,
the wall should be articulated by the provision of blank window openings
trimmed with frames, sills and lintels or, if the building is occupied
by a commercial use, by using recessed or projecting display window
cases. Intensive landscaping may also be appropriate in certain cases.
J.Â
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
porticoes, porches, overhangs, railings, balustrades and others, where
appropriate. Any such element utilized shall be architecturally compatible
with the style, materials, colors and details of the building as a
whole, as shall the doors.
K.Â
In mixed-use buildings, the difference between ground-floor
commercial uses and entrances for upper-level commercial or apartment
uses shall be reflected by differences in facade treatment. Storefronts
and other ground-floor entrances shall be accentuated through cornice
lines. Further differentiation can be achieved through distinct but
compatible exterior materials, signs, awnings and exterior lighting.
L.Â
Storefronts are an integral part of a building and
shall be integrally designed with the upper floors to be compatible
with the overall facade character. Ground-floor retail, service and
restaurant uses shall have large pane display windows. Such windows
shall be framed by the surrounding wall and shall not exceed 75% of
the total ground-level facade area. Buildings with multiple storefronts
shall be unified through the use of architecturally compatible materials,
colors, details, awnings, signage and lighting fixtures.
M.Â
Fixed or retractable awnings are permitted at ground-floor
level and on upper levels, where appropriate, if they complement a
building's architectural style, materials, colors and details; do
not conceal architectural features, such as cornices columns, pilasters
or decorative details; do not impair facade composition; and are designed
as an integral part of the facade. Canvas is the preferred material,
although other waterproofed fabrics may be used; metal or aluminum
awnings are prohibited. In buildings with multiple storefronts, compatible
awnings should be used as a means of unifying the structure. A license
may be required from City Council prior to installation.
N.Â
Light fixtures attached to the exterior of a building
shall be architecturally compatible with the style, materials, colors
and details of the building and shall comply with local building codes.
The type of light source used on the exterior of buildings, signs,
parking areas, pedestrian walkways and other areas of a site, and
the light quality produced, shall be the same or compatible. Facades
shall be lit from the exterior and, as a general rule, lights should
be concealed through shielding or recessed behind architectural features.
The use of low-pressure sodium, fluorescent or mercury vapor lighting,
either attached to buildings or to light the exterior of buildings,
shall be prohibited. Mounting brackets and associated hardware should
be inconspicuous.
O.Â
All air-conditioning units, HVAC systems, exhaust
pipes or stacks, elevator housing and satellite dishes and other telecommunications
receiving devices shall be thoroughly screened from view from the
public right-of-way and from adjacent properties by using walls, fencing,
roof elements, penthouse-type screening devices or landscaping.
P.Â
Fire escapes shall not be permitted on a building's
front facade. In buildings requiring a second means of egress pursuant
to the local building codes, internal stairs or other routes of egress
shall be used.
Q.Â
Solid metal security gates or solid roll-down metal
window coverings shall not be permitted. Link or grill-type security
devices shall be permitted only if installed from the inside, within
the window or door frames. If installed on the outside, the coil box
shall be recessed and concealed behind the building wall. Security
grills shall be recessed and concealed during normal business hours.
Models which provide a sense of transparency, in light colors, are
encouraged. Other types of security devices fastened to the exterior
walls are not permitted.
R.Â
All materials, colors and architectural details used
on the exterior of a building shall be compatible with the building's
style, and with each other. A building designed of an architectural
style that normally includes certain integral materials, colors, and/or
details shall incorporate such into its design. Where appropriate
to the architectural style of a building, shutters shall be provided
on all windows fronting a street or visible from the public right-of-way.
Shutters shall be proportioned to cover 1/2 the width of the window.
A.Â
A design vocabulary shall be established for each
community and shall include the general design qualities as well as
the specific architectural standards to be used. The design vocabulary
shall respond to the general and specific design standards as specified
in this ordinance and relate to the proposed development plan. These
must be presented at concept, preliminary and final plan phases. There
must be a style or styles selected and used throughout the small community.
A variation on the existing historical vernacular architectural style
in the region or the City is recommended. The use of materials, colors,
and massing incompatible with the selected design vocabulary shall
be avoided.
B.Â
A listing of significant compatible features that
will be incorporated into the design of the buildings and streetscape
of a small community shall be prepared in matrix form. Photographic
colored images, drawings or a combination can be used. The horizontal
axis of the matrix shall include all the categories of residential,
commercial, parks and open space, and industrial, if used. The vertical
axis of the matrix shall include the following:
(1)Â
Building mass and style, which includes the volume
of the selected building types and the style selected.
(2)Â
Roofs and roof materials: the various type and pitches
of roofs.
(3)Â
Facade treatment and facade materials: the type of
materials, textures and colors.
(4)Â
Entry and doors: door openings and the area immediately
surrounding.
(5)Â
Windows: window types with detailing.
(6)Â
Eaves, porches and arcades: decorative building elements
like pergolas, cupolas, shutters, etc.
(7)Â
Trim: details of these features in elevation and section
that reflect the architectural styles selected, both vertical and
horizontal.
(8)Â
Towers.
(9)Â
Cross gables and dormers.
(10)Â
Gutters.
(11)Â
Chimneys.
(12)Â
Walls, fences and hedges (front yard).
(13)Â
Walls, fences and hedges (side yards).
(14)Â
Colors.
(15)Â
Driveway.
(16)Â
Pavement materials and textures.
(17)Â
Curb treatment.
(18)Â
Streetlights and signs.
Elements of street furniture, such as benches,
waste containers, planters, phone booths, bus shelters, bicycle racks
and bollards, should be carefully selected to ensure compatibility
with the architecture of surrounding buildings, the character of the
area and with other elements of street furniture. Consistency in the
selection and location of the various elements of street furniture
is critical for maximum effect and functional usage.
[Added 12-15-2022 by Ord. No. 17-2022]
A.Â
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of 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:
(1)Â
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(2)Â
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)Â
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)Â
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.
B.Â
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)Â
(2)Â
(3)Â
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, 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 & ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.Â
Approvals and permits.
(1)Â
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.
(3)Â
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)Â
The Zoning Officer shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of the City of Egg Harbor's land
use regulations.
(5)Â
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:
(a)Â
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;
(b)Â
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met;
(c)Â
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; and
(d)Â
Within the Pinelands Area, the proposed installation complies
with the minimum environmental standards of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-6.1 et seq.).
(6)Â
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)Â
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)Â
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)Â
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.
(d)Â
In the Pinelands Area, an application pursuant to Subsection A(5) above shall also require the submission of a Certificate of Filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of § 170-9A(1)(g) of the Code of Egg Harbor City.
(7)Â
Upon deeming an application complete pursuant to Subsection A(6) above, the Zoning Officer shall issue a zoning permit in accordance with Chapter 170 of the Code of Egg Harbor City, and the following:
(a)Â
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of § 170-32D and 170-32E have been met, unless the proposed development meets the criteria of § 170-9A(1)(g) of the Code of Egg Harbor City.
(8)Â
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.
(9)Â
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.
D.Â
Requirements for new installation of EVSE and make-ready parking
spaces.
(1)Â
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:
(a)Â
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)Â
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)Â
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)Â
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.
(e)Â
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.
(2)Â
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)Â
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)Â
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)Â
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)Â
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.
(e)Â
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.
(f)Â
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)Â
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.
(h)Â
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.
E.Â
Minimum parking requirements.
(1)Â
All parking spaces with EVSE and make-ready equipment shall
be included in the calculation of minimum required parking spaces,
pursuant to the Code of the City of Egg Harbor.
(2)Â
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.
(3)Â
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
F.Â
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)Â
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.
(2)Â
Installation:
(a)Â
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.
(b)Â
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.
(c)Â
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.
(d)Â
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.
(3)Â
EVSE parking:
(a)Â
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)Â
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.
(c)Â
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible
EVSE parking spaces shall be monitored by the municipality's
police department and enforced in the same manner as any other parking.
It shall be a violation of this section 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 is subject to fine and/or
impoundment of the offending vehicle as described in the general penalty
provisions of this Municipal Code.
(d)Â
Signage indicating the penalties for violations shall comply with Subsection F(5) 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.
(e)Â
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)Â
Safety.
(a)Â
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(5) below.
(b)Â
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the City of Egg Harbor's
ordinances and regulations.
(c)Â
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 set back a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet 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.
(d)Â
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(4)(e) 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.
(e)Â
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.
(f)Â
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.
(g)Â
Publicly accessible EVSE 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 City of Egg Harbor 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.
(5)Â
Signs.
(a)Â
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For the purposes of this section, "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.
(b)Â
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.
(c)Â
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(5)(b) above.
(d)Â
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:
[1]Â
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
[2]Â
Usage fees and parking fees, if applicable; and
[3]Â
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
(6)Â
Usage fees.
(a)Â
Private EVSE: Nothing in this section 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.
