Township of Maplewood, NJ
Essex County
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Table of Contents
Table of Contents
A. 
All developments shall conform to design standards encouraging sound development patterns within the Township. Where an Official Map or Master Plan have been adopted, the development shall conform to them.
B. 
Land identified in the Master Plan or Natural Resources Inventory as environmentally critical and unsuitable for development due to flooding, improper drainage, shallow depth to water table, steep slopes, utility easements or similar problems shall not be designed for development unless adequate and acceptable methods are formulated to address the problem.
C. 
Specific design considerations may be referred to the Design Review and Beautification Committee[1] for an advisory review by the Planning Board, the Zoning Board of Adjustment, the Construction Official and the Site Plan Review Committee.
[1]
Editor's Note: Said Committee was dissolved 12-15-2009 by Ord. No. 2612-09.
No access to a nonresidential use in a nonresidential zone shall be permitted by ingress or egress through a residential zone.
A. 
Any accessory building attached to a principal building is considered part of the principal building and shall adhere to the yard requirements for the principal building.
B. 
The distance from an accessory building to a side property line shall not be less than the side yard requirement of the principal building.
C. 
A garage erected in the rear yard shall be placed no less than four feet from the rear property line. If the lot has a greater depth than 150 feet, the garage may be located as though the lot had a depth of only 150 feet. A preexisting nonconforming detached garage may be rebuilt as of right in the event of destruction or desire to modernize, provided that the newly constructed garage does not increase any nonconformity with current ordinance requirements that exist with the preexisting nonconforming garage.
[Amended 5-7-2013 by Ord. No. 2720-13]
D. 
The distance from an accessory building to a principal building shall not be less than 10 feet, nor less than six feet from another accessory building.
E. 
Accessory buildings and structures in residential districts shall not exceed 16 feet in height and may occupy no more than the equivalent of 25% of a required rear yard or 900 square feet, whichever is smaller.
F. 
Accessory buildings shall be located in the side or rear yard only. On a corner lot, the setback from each street shall be no less than the setback for the principal building.
G. 
In all zones other than residential zones, accessory buildings shall meet the height and setback requirements of the principal building.
H. 
A receiving dish antenna or satellite receiving station shall be considered an accessory structure. It shall be no more than six feet in height, including the supporting structure. It shall be located in the rear yard only. On corner lots which have no defined rear yard, it shall be located in a side yard a minimum of two times the required front setback from the street line. This type of structure shall not be mounted on the principal building or on an accessory building. It shall be screened from view from adjoining properties and streets by evergreen planting, which shall be at least six feet in height at the time of planting. There shall be no more than one receiving dish antenna per lot. A transmitting dish antenna is not a permitted use.
I. 
A structure (whether attached to a building or detached) used as a radio antenna (including the base, the tower boom and the antenna), hereafter the "radio antenna structure," may be an overall maximum of 40 feet in height, provided that the height of the radio antenna structure (not including the residence with respect to an attached structure) shall in no event exceed 1.1 times the distance from the nearest property line. A radio antenna structure may have an additional 20 feet in height, up to a maximum of 60 feet total height, upon the issuance of a conditional use permit by the approving authority; provided, however, that the applicant complies with the following standards:
(1) 
The radio antenna structure is set back from the nearest lot line not less than 1.1 times the height of the antenna.
(2) 
The radio antenna structure is located in the rear yard.
(3) 
The approving authority grants site plan approval. Among the factors to be considered by the approving authority as part of site plan and conditional use approval are the precise location of the radio antenna structure and the adequacy of screening of the structure.
J. 
Solar collectors shall be permitted either as detached structures or attached to the principal building. If they are detached, they shall adhere to the requirements set forth for receiving dish antennas in Subsection H of this section. If they are attached to the principal building, they shall be considered a part of the principal building and they shall not exceed the height limits established under this chapter. Solar collectors shall be submitted to the Construction Official for review and approval. The Construction Official shall seek the advice of the Design Review and Beautification Committee[1] prior to approval of the solar collectors.
[1]
Editor's Note: Said Committee was dissolved 12-15-2009 by Ord. No. 2612-09.
[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No. 1823]
All matters related to the implementation of the Fair Share Compliance Plan, including but not limited to contributions to the Housing Rehabilitation Fund, housing rehabilitation activities, Regional Contribution Agreements and the on-site provision of housing for low- and moderate-income households, shall be consistent in their implementation with the standards of the New Jersey Fair Housing Act,[1] the New Jersey Council on Affordable Housing, and the specific provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
[Amended 6-20-2006 by Ord. No. 2361-06]
Buffer areas are required between residential and nonresidential development. They are also required between multifamily or townhouse development and areas zoned, developed or proposed for single-family dwellings. Buffer areas shall be established in accordance with the following standards:
A. 
All planted screens shall consist of a strip not less than four feet wide, densely planted with evergreens not less than four feet high at the time of planting and of a type that will form a year-round screen of not less than six feet in height within three years from the date of planting. Utilization of native vegetation and preservation of natural wooded tracts that meet the dimensional requirements above shall be utilized over planting non-native species in the buffer area.
B. 
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the owner. Any screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year or one growing season.
C. 
No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area except access drives from public streets and signs.
D. 
A buffer area shall be planted and maintained by the owner to conceal parking and loading areas, to eliminate the glare of vehicle lights throughout the year and to screen the building from the adjoining residential areas. If the approving authority determines that a planted screen will not provide an effective buffer, it shall permit the construction of a wood or masonry fence or wall up to six feet in height in lieu of the planted buffer. In areas where established vegetation is to be incorporated in the buffer area, supplemental plantings may be required to achieve the desired screening results. If the approving authority finds these supplemental plantings may not grow satisfactorily, stockade fence(s) six feet high shall be erected in the buffer area.
E. 
The use of buffer areas to control on-site stormwater via disconnected impervious surfaces is encouraged. If utilized for stormwater treatment, the buffer area shall include plantings that are conducive to this use.
F. 
The approving authority shall have the power to waive any of the buffer requirements if it determines an adequate buffer can be provided in other ways or if it is determined that a buffer is not needed based on the physical features of the area.
A. 
No building intended to be used for a one- or two-family dwelling shall be permitted unless it will be different from any neighboring building in the following respects:
(1) 
Interior room relationships within the building shall be substantially different from neighboring buildings. This difference must be reflected in the design or appearance from any neighboring buildings and must be apparent in the location of windows, doors, porch, garage or roof design, and the exterior finish with respect to material of that elevation which faces the street frontage of the lot. A mirror image of a neighboring building shall not be considered a substantial difference.
(2) 
A "neighboring building" shall mean any building then in existence or for which a building permit has been issued or an application filed, erected or to be erected on a lot which is separated in all directions regardless of intervening streets by less than two lots from the lot on which the building will be located. No building shall be deemed to be a neighboring building to any other building if the rear elevations of the buildings face each other.
(3) 
No building appearance shall be so markedly incongruous in comparison with the appearance of any neighboring building as to adversely affect property values in the immediate neighborhood.
B. 
No building intended to be used for attached dwellings or for a two-family dwelling where the units are attached side-by-side shall be permitted unless the following standards are followed:
(1) 
There shall be a maintenance agreement binding on the various owners of the housing units which shall set forth rules and regulations on the exterior maintenance of the building. Such rules shall specify the paint color, exterior materials and other matters related to the exterior of the building which will be visible from public streets or parking lots serving the dwellings. It shall also specify who has the responsibility for maintaining the exterior appearance of the buildings.
(2) 
No more than four attached dwellings shall be permitted without a break in the plane of the front facade of at least four feet. Surface materials shall be varied to provide interest and a neighborhood appearance. The use of a single exterior siding material shall be avoided unless there is sufficient architectural interest in the facade to avoid the appearance of either an institutional or nonresidential use.
(3) 
In the event that the choice of heating fuels does not require the use of a conventional brick, stone or masonry chimney, there shall be a simulated conventional chimney provided for each dwelling unit.
A. 
Pursuant to N.J.S.A. 40:55D-66.1, community residences for the developmentally disabled and community shelters for victims of domestic violence, which terms shall have the meanings set forth in N.J.S.A. 40:55D-66.2, shall be a permitted use in residential districts R-1-7, R-1-5, R-1-4, R-2-4 and RGA.
(1) 
If such a residence or shelter houses more than six persons, excluding residence staff, it may be permitted upon the issuance of a conditional use permit by the approving authority, provided that:
(a) 
No more than 15 persons, excluding resident staff, shall be housed in such a residence or shelter.
(b) 
No permit will be issued to a proposed residence or shelter located within 1,500 feet of any existing such residence or shelter.
(c) 
Such a residence or shelter is located only abutting an arterial or collector street.
(2) 
A permit shall be denied if the number of persons, excluding resident staff, resident at such existing residences or community shelters in the Township exceeds 50 persons or five-tenths percent (0.5%) of the population of the Township, whichever is greater.
B. 
If a residence houses mentally ill persons, such residence must have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures established by regulation of the New Jersey Division of Mental Health and Hospitals of the Department of Human Services.
C. 
All such residences or shelters shall comply with all applicable standards of the New Jersey Uniform Construction Code and the Fire Prevention Code then in effect in the Township.
D. 
All such community residences and shelters shall comply with the zoning requirements in the district in which they are located and for the type of housing that it is (single-family detached or single-family attached). Existing housing which does not conform to this chapter shall not be used for community residences or shelters.
E. 
Such residences or shelters shall give preference to persons residing in the Township.
F. 
One on-site parking space shall be provided for each two beds, plus one space for each staff member, whether or not a resident. One of the nonstaff spaces shall be twelve by nineteen (12 x 19) feet to conform to the requirements of this chapter for handicapped parking.
G. 
The exterior design of the facility shall conform to the general character of the area.
[Amended 6-20-2006 by Ord. No. 2361-06]
A. 
Unless waived by the approving authority, concrete curb shall be installed along all streets and along all edges of pavement within a site. The standard curb section shall be 10 feet in length with preformed bituminous cellular-type expansion joint material on not more than twenty-foot centers and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth curve. The finish shall be a smooth float finish with corners rounded. Concrete vertical curbs shall be six by eight by 18 inches (six-inch exposed face), having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained.
B. 
Barrier-free curb ramps shall be constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation.
C. 
Where curbs are waived or where alternate curbs are allowed, such as granite block or rolled concrete curb, an appropriate method of stabilizing the edge of paving, controlling erosion and managing stormwater shall be incorporated in the design.
D. 
On streets and along edges of pavement where the drainage is to be directed into adjoining landscape areas/buffers; flush curb with curb stops (as applicable) or curbing with curb cuts will be permitted in lieu of curb.
[1]
Editor's Note: For additional regulations, see Ch. 239, Streets and Sidewalks, Art. V, Repair and Replacement of Sidewalks and Curbs.
[Amended 6-20-2006 by Ord. No. 2361-06]
All streets shall be provided with catch basins and pipes where the same may be necessary for proper surface drainage. Where feasible, the use of vegetated swales in lieu of inlets and piping is encouraged. Vegetated swales shall be designed in accordance with the latest edition of New Jersey Stormwater Best Management Practices Manual. The requirements of this section shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the stormwater and natural drainage water which originates within the subdivision boundaries and that which originates beyond the subdivision boundaries and passes through the subdivision calculated on the basis of maximum development as permitted under the provisions of this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage on other lands without proper and approved provisions being made for taking care of these conditions.
A. 
The time of concentration used in computing stormwater runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under construction.
B. 
Computations of the rate of flow at any given location shall be based on the Rational Formula, Q = CIA, where:
Q = Flow in cubic feet per second
C = Runoff factor
I = Intensity of rainfall in inches per hour
A = Watershed area in acres
C. 
In setting the value of the runoff coefficient C, consideration shall be given to the physical features of the drainage basin and the best available data on the future density of development of the drainage basin. In no case shall C be less than 0.40 after development.
D. 
The intensity (I) should be based on the following:
(1) 
Ten-year-storm criteria for low points with a relief swale.
(2) 
Twenty-five-year-storm criteria for flow carried in pipes.
(3) 
One-hundred-year-storm criteria for all culvert designs.
(4) 
The Rainfall Intensity = Duration = Frequency Curves published by the United States Department of Commerce, Weather Bureau, shall be used in the above computation.
E. 
Where any development is traversed by a watercourse or where a new swale or piped system is installed, a drainage right-of-way easement shall be dedicated to the Township. A minimum of 15 feet beyond the bank top on at least one side of a watercourse shall be provided for access.
F. 
Stormwater designs shall result in stormwater leaving the property at the same rate that existed prior to the development. All measures shall comply with the soil erosion and sediment control provisions of this chapter.[1] Grading shall direct drainage away from all buildings, prevent the collection of water in pools and avoid the concentration of stormwater from one lot to another.
[1]
Editor's Note: See § 271-57.
G. 
All major developments that exceed one or more acres of land disturbance shall meet the standards outlined in the Township stormwater management and control plan.
H. 
All catch basins installed as part of new development and redevelopment or that exist and are in direct contact with repaving, repairing (excluding repair of potholes and seal coating) shall meet the following standards:
(1) 
Grates shall be the New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996).
(2) 
Whenever curb-opening inlets are used, a clear space in the curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension. Exemptions to this requirement will be waived where the reviewing agency determines that the standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards.
[Amended 6-20-2006 by Ord. No. 2361-06]
Drainage and utility easements shall be along side or rear property lines where possible, shall not be less than 15 feet wide, shall be dimensioned on the plat, shall provide for maintenance access, shall prohibit plantings or construction and shall be identified as follows: "Drainage/utility easement granted to the Township of Maplewood as provided for in the Zoning and Development Regulations Ordinance."
[Amended 4-21-1987 by Ord. No. 1725; 4-16-1991 by Ord. No. 1850; 6-4-1991 by Ord. No. 1859; 6-6-1995 by Ord. No. 1970; 5-4-1999 by Ord. No. 2096-99; 6-20-2006 by Ord. No. 2361-06]
A. 
Residential zones.
(1) 
Fences erected in residential zones, except those required to enclose swimming pools, shall not exceed four feet in height. No fence shall be located closer to the front property line that the building setback line as established in other sections of this chapter. Notwithstanding the foregoing, a six-foot fence may be erected along the rear property line, provided that the property upon which the six-foot fence is to be constructed abuts the rear property line of the adjacent property.
[Amended 3-18-2014 by Ord. No. 2743-14]
(2) 
In the case of a corner property, both street frontages shall be treated separately, and both shall require setbacks as noted in Subsection A(1) above.
(3) 
Notwithstanding the provisions of Subsections A(1) and A(2), the owner of a corner property may erect a fence not in excess of four feet in height, not closer than 15 feet from the property line, on one frontage only but not in the portion common to both front yards. Should the owner of a corner property erect a fence as permitted by this Subsection A(3), that fence shall be placed such that any line drawn perpendicular to the property line on the frontage where the fence is constructed shall not cross both the fence and the side of the structure facing said property line.
(4) 
Should a corner property owner erect a fence within a location permitted by Subsection A(3), the fence must be buffered by natural shrubbery which shall consist of densely planted evergreens that form a year-round screen and will be sufficient to completely cover the fence within three years. The screen planting shall be maintained, and any plant material which does not live shall be replaced within one year or one growing season. The planted screen shall be such that the fence is not visible from either street.
B. 
Fences in commercial zones shall not exceed six feet in height. No fence shall be located closer to the front property line than the building setback line as established in other sections of this chapter.
C. 
Fences and walls shall not be located in any required sight triangle or within any public right-of-way or easement.
D. 
Metal accordion, grate or grill-type protective gates or doors for retail or commercial establishments shall be installed in the interior of the premises only and shall be so that visibility into the establishment is not diminished as a result of their installation. There shall be no signage or graphics placed on either the grate or any containment box.
E. 
If barbed wire is proposed, it shall only be permitted along the top of a fence, it shall be installed within the overall height limits for fencing as established in this chapter, it shall be permitted only on nonresidential properties, and the use of ribbon-type barbed wire shall not be permitted. Where barbed wire is proposed, it shall not be permitted without the written permission of the adjacent owner.
F. 
Before erecting any fence greater than two feet in height or greater than 16 feet in length, the property owner shall make application to the Construction Official for a fence construction permit.[1] Subsequent to the erection of any such fence, the Construction Official shall inspect the same and, if it is in compliance with this chapter, shall issue a certificate of approval.
[1]
Editor's Note: For fee for fence construction permit, see Ch. 123.
G. 
All fences and walls having a finished side shall be constructed with the finished side facing outward from the property on which it is constructed and toward adjacent properties or the street. For purposes of this section, the "finished side" shall be defined as the side opposite the posts, rails, supporting boards or piers.
[Amended 6-20-2006 by Ord. No. 2361-06]
Provision shall be made for fire hydrants along streets or on the walls of nonresidential structures as approved by the Fire Department or the Township Engineer and in accordance with the Insurance Services Office of New Jersey. The midpoint of all lots served by a central water supply shall be within 500 feet of a functioning fire hydrant. Hydrants shall have fire hose threads conforming to the fire-fighting equipment, with no less than two two-and-five-tenths-inch hose connections and one four-and-five-tenths-inch pumper nozzle. Hydrants shall be set plumb with nozzles 18 inches above finished grade.
[Amended 6-20-2006 by Ord. No. 2361-06]
Standards for floodplains are as set forth in the addendum to this chapter, which is reproduced verbatim from the former zoning ordinance and is hereby made a part of this chapter.[1]
[1]
Editor's Note: Former Article 16 of the Maplewood Zoning and Development Regulations Ordinance, Floodplain Management, was repealed 4-7-1987. See now Addendum A, Flood Damage Prevention, included at the end of this chapter.
[Amended 6-20-2006 by Ord. No. 2361-06]
The objective of this section is to minimize undesirable off-site effects. All area lighting, such as parking lots or for security, shall provide translucent fixtures with shields around the light source. The light intensity at ground level shall be a minimum of 0.5 footcandle and a maximum of 1.0 footcandle. The total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5%. For recreation purposes, more intense lighting may be permitted, provided that the shielding and possible required planting buffer are approved as part of the plat. No lights shall be of rotating, pulsating or other intermittent frequency, nor of changing colors.
[Amended 6-20-2006 by Ord. No. 2361-06]
A. 
Insofar as is practical, lots shall be rectangular, lot lines shall be straight, and side lot lines shall be either at right angles or radial to street lines.
B. 
Each lot must front upon an approved, paved street.
C. 
Corner lots. Corner lots shall be of sufficient size to allow building setbacks to meet the front yard requirements along each street. The remaining two yards shall be considered side yards for the purposes of this chapter.
D. 
Through lots with frontage on two streets are permitted, provided that access shall be to the street with the lower traffic function.
[Amended 6-20-2006 by Ord. No. 2361-06]
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.9 et seq. (the Map Filing Law, as amended), be placed in accordance with said statute and be indicated on the final plat.
[Amended 6-20-2006 by Ord. No. 2361-06]
The lawful use of land or structure existing on the date of adoption of this chapter may be continued although it may not conform to this chapter.
A. 
Abandonment. A nonconforming use shall be considered abandoned if any of the following conditions exist:
(1) 
It is terminated by the owner.
(2) 
A nonconforming use involving a structure is discontinued for 12 consecutive months.
(3) 
A nonconforming use of land without buildings ceases for a period of six months.
B. 
Maintenance. Maintenance may be performed on a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.
C. 
Building additions. If an existing permitted use violates any yard or coverage requirements, an addition or accessory building may be erected without an appeal for a variance, on the condition that the total permitted coverage shall not be exceeded and that the addition shall not violate any setback or other requirements of this chapter.
D. 
Subdivision of lots. An existing lot which has sufficient area and dimensions to permit a subdivision but has a structure on the lot with one or more setback violations may nevertheless be subdivided without an appeal for a variance, provided that the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violation, such as moving the lot line even closer to the existing building.
E. 
Restoration and repairs.
(1) 
Any nonconforming structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Construction Official. If, in his opinion, the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon the granting of an appropriate variance.
(2) 
Where the repair costs are less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 months of the date the building was damaged or condemned with the reconstruction carried out without interruption; otherwise, the damaged structure shall not be rebuilt as a nonconforming use or building. Upon good cause shown, one additional succeeding twelve-month period may be granted by the governing body.
(3) 
The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned. The method of calculation of replacement cost shall be as set forth in the Uniform Construction Code.
[Amended 9-5-1989 by Ord. No. 1796; 2-15-2000 by Ord. No. 2118-00; 12-16-2003 by Ord. No. 2239-03; 12-30-2003 by Ord. No. 2238-03; 6-20-2006 by Ord. No. 2361-06]
The standards set forth in this section apply only to uses requiring site plan approval, unless otherwise stated.
A. 
Access to parking lots. There shall be a maximum of two access drives to any street with their center lines spaced at least 56 feet apart, with no more than two lanes of traffic each, and with their center lines at least 30 feet from any property line. When the property along a street exceeds 500 feet in length, one access drive may be permitted for every 250 feet of frontage. Driveways with widths exceeding 24 feet shall be reviewed by the approving authority with consideration to the width, curbing, traffic flow, radii of curves and traffic lane divider.
B. 
Access to loading and parking spaces. Individual spaces shall be served by interior driveways designed for vehicle access without the need for moving any other vehicle. Spaces shall not have direct access from public streets, major interior drives or private roads. Dead-end aisles shall be avoided wherever possible.
C. 
Buffers. All loading areas and parking lots shall be buffered from adjoining streets, existing residential uses and residential zones in accordance with § 271-37, Buffers.
D. 
Curbing. All parking lots and loading areas shall have granite block or concrete curbing around the perimeter of the parking and loading areas if needed in conjunction with an overall drainage plan. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as a street. Curbing between vehicular and pedestrian ways shall be designed with ramps from the street or parking grade to the sidewalk which shall be no less frequent than one every 65 feet and located in accordance with a pedestrian circulation plan. In lots where the drainage is to be directed into adjoining landscape areas, flush curb with curb stops or curbing with curb cuts will be permitted in lieu of granite block.
E. 
Dimensions.
(1) 
Off-street parking spaces shall be nine feet by 18 feet in accordance with the following schedule. Up to 15% of the spaces in any parking lot which serves uses other than retail commercial may be as small as eight feet by 15 feet for the purpose of serving compact cars. Handicapped parking spaces shall be in compliance with N.J.A.C. 5:23-7.0, as regulated by the Uniform Construction Code.
Angle of Parking Space
(degrees)
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90
24
24
60
18
18
45
14
18
30
12
18
Parallel
12
18
(2) 
Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:
Loading Space Length
(feet)
Apron Width
(feet)
90 Degrees
(feet)
60 Degrees
(feet)
60
10
72
66
60
12
63
57
60
14
60
54
F. 
Drainage. All parking and loading areas shall provide for storm drainage in accordance with § 271-41, Drainage.
G. 
Surfacing. All off-street parking areas shall be paved with a bituminous concrete or cement binder pavement. Pavement specifications shall be determined by the Engineering Department based on the use characteristics of the parking area.
H. 
Landscaping. Landscaping in and around parking lots and loading areas shall be shown on a landscaping plan. Trees shall be spaced so they do not interfere with driver vision at intersections of driveways, streets and the ends of parking rows. At least one tree for every five parking spaces shall be provided. All areas between the parking area, the building and all pedestrian walkways shall be landscaped. All landscaped areas within the parking lot or loading area shall be elevated and protected by granite block curbing. Plantings which do not survive shall be replaced within one year or one growing season. Shrubbery and tree species selected shall be resistant to pollutants typically found in parking area.
I. 
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use, based on the following schedule. Those uses not listed shall provide sufficient spaces as determined under site plan review.
Minimum Loading Requirements
Type
Gross Floor Area at Which First Berth is Required
Gross Floor Area at Which Second Berth is Required
Number of Additional Square Feet for Each Additional Berth
Assembly operations
*
40,000
30,000
Auto sales
*
40,000
40,000
Cemeteries
None required
Community centers
None required
Dwelling units
None required
Financial institu- tions
10,000
100,000
100,000
Finishing operations
*
40,000
30,000
Hospitals
*
100,000
100,000
Hotels
*
100,000
100,000
Houses of worship
None required
Industrial
*
40,000
30,000
Libraries
None required
Manufacturing
*
40,000
30,000
Offices
*
100,000
100,000
Receiving
*
40,000
30,000
Research
*
40,000
40,000
Restaurants
*
25,000
20,000
Retail stores
*
20,000
20,000
Shipping
*
40,000
30,000
Storage areas
*
40,000
30,000
Utilities
10,000
100,000
100,000
Veterinarian hospitals
*
100,000
100,000
Warehouses
*
40,000
30,000
NOTES:
*
Minimum of one space required.
(1) 
When more than one use is located in a building or where multiple uses are designed as part of a shopping center, industrial complex or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex, shall be dispersed throughout the site to best serve the individual uses and shall be part of site plan approval.
(2) 
There shall be a minimum of one trash/garbage pickup location located either within or outside a building in steel-like, totally enclosed container(s), located and screened to be obscured from view from parking areas, streets and residences. If located within a commercial or industrial building, the doorway(s) may serve both the loading and trash/garbage collection functions. If located outside the building, it may be located adjacent to or within the loading area(s), provided that the container(s) in no way interferes with or restricts the required loading functions.
J. 
Minimum parking requirements. The number of parking spaces for each use shall be determined by the number of dwelling units, the amount of gross floor area, as defined in this chapter, or such other measure as noted. Where a particular function contains more than one use, the minimum parking requirements shall be the sum of the component parts. Where an expansion of an existing use takes place, the parking requirements for the entire use shall be met. Parking spaces, access drives, access space and other circulation to service parking located within that portion of the lot covered by the roof of a building shall not be counted toward meeting the parking requirements of this chapter.
(1) 
Assembly operations: one space for each 800 square feet of gross floor area.
(2) 
Auto sales: one space per 100 square feet of showroom area and sales office.
(3) 
Financial institutions: one space per 200 square feet of gross floor area.
(4) 
Finishing operations: one space per 800 square feet of gross floor area.
(5) 
Hospitals: 1.5 spaces per bed.
(6) 
Hotels: 1.6 spaces per guest room (this requirement also satisfies the parking needs for all accessory uses and employees).
(7) 
Houses of worship: one space per four seats.
(8) 
Industrial: one space per 800 square feet of gross floor area.
(9) 
Manufacturing: one space per 800 square feet of gross floor area.
(10) 
Medical-professional: one space per 150 square feet of gross floor area.
(11) 
Offices: one space per 250 square feet of gross floor area.
(12) 
Receiving: one space per 1,000 square feet of gross floor area.
(13) 
Research: one space per 1,000 square feet of gross floor area.
(14) 
Residential: two spaces per dwelling unit.
(15) 
Restaurants.
(a) 
Eat-in restaurant: one space per three seats or one space per 50 square feet of gross floor area, whichever is greater.
(b) 
Take-out restaurant: one space for every 20 square feet of waiting area floor space.
(c) 
Eat-in/take-out restaurant: the sum of the parking requirements for eat-in and take-out restaurants.
(16) 
Retail stores: one space per 200 square feet of gross floor area.
(17) 
Shipping: one space per 5,000 square feet of gross floor area.
(18) 
Storage areas: one space per 5,000 square feet gross floor area.
(19) 
Theaters: one space per three seats.
(20) 
Utilities: one space.
(21) 
Veterinarian hospitals: six spaces per examination room or doctor, whichever is greater.
(22) 
Warehouses: one space per 5,000 square feet of gross floor area.
(23) 
Business schools: one space for every three classroom seats.
(24) 
Public areas: one space for every 20 square feet of gross floor area.
K. 
Location of parking and loading areas.
(1) 
No off-street loading and maneuvering areas shall be located in any front yard or any street.
(2) 
All parking and loading spaces shall be located on the same lot as the use being served. In the business districts (NB, RB and HB), required parking may be provided on another lot, provided that the parking area is within 500 feet of the use; and further provided that such remote lot or land is in the same ownership as the lands and buildings which it serves and the owner records a declaration in the Essex County Register's Office declaring his intentions not to sell or convey separately the remote lands and the lands and the buildings it serves. The declaration shall describe the property by metes and bounds.
(3) 
No loading or parking spaces shall be located in any required buffer area.
(4) 
Parking spaces for multifamily dwellings and commercial/industrial uses shall be within 150 feet and 300 feet, respectively, of the entrance of the building.
(5) 
All parking and loading spaces shall be set back from any property line a minimum of five feet.
L. 
Residential off-street parking. In addition to other standards set forth herein for parking related to residential uses, the following standards shall apply in the one- and two-family residence and garden apartment zones, even in those situations where site plan approval is not required.
(1) 
Parking for residential uses shall be provided in accordance with the requirements set forth in § 271-50J of this chapter.
(2) 
Parking spaces for residential uses may be located in any yard, but parking shall be prohibited from being located in the yard space between a public street and any principal building. Single-family and two-family dwellings shall have no more than 30% of the front yard area in pavement for parking and shall provide a minimum of one parking space in a garage for each dwelling unit. Single-family dwellings shall have no more than one driveway access to a street.
(3) 
Off-street parking spaces shall not be located nearer to the street line than the building line or setback line, except in one- and two-family dwellings.
(4) 
The parking or storage of boats, trailers, motor homes, aircraft and everything similar is prohibited unless garaged at all times within a wholly enclosed building.
(5) 
The parking or storage of a commercial motor vehicle on any premises in all residential zones is prohibited except that:
[Amended 6-5-2012 by Ord. No. 2693-12; 4-15-2014 by Ord. No. 2747-14]
(a) 
Parking in connection with the transaction of business with the owner or occupant of the premises is permitted.
(b) 
One commercial motor vehicle, as defined in N.J.S.A. 39:1-1, having a gross vehicle weight greater than 8,500 pounds, is permitted to be parked on the premises on which a resident resides, provided that it is garaged at all times within a wholly enclosed building so that it is not visible to the public; and
(c) 
A resident may park, in the driveway of the premises in which he/she resides, one autocab, as defined in N.J.S.A. 48:16-1. No more than one autocab may be parked in any premises' driveway at any given time; or
(d) 
A resident may park, in the driveway of the premises in which he/she resides, one commercial vehicle, as defined in N.J.S.A. 39:1-1, having a gross vehicle weight of 8,500 pounds or less. No more than one such vehicle may be parked in any premises' driveway at any given time.
(e) 
With reference to Subsection L(5)(c) and (d) above, all defined vehicles must be parked within five feet of the premises' garage or, if the premises does not have a garage, within five feet of the end of the premises' driveway furthest from the street.
(6) 
Off-street parking. The parking or storage of inoperable, junked, abandoned or unregistered motor vehicles and everything similar is prohibited on any lands or premises in all zones unless within a wholly enclosed building designed and erected for that purpose. A vehicle, other than one registered as an antique, without a valid or current inspection sticker is to be considered, for the purpose of this chapter, an inoperable motor vehicle.
(7) 
Parking of any vehicles on any portion permitted shall be on a hard or aggregate surface for the purpose of compliance with § 271-70A(4)(b).
M. 
Waiver of requirements by the approving authority. Waivers of parking or loading requirements may be given upon the following terms and conditions:
(1) 
The variation for parking is no greater than 20% of the requirements set forth herein.
(2) 
Loading requirements set forth in § 271-50I may be waived entirely.
(3) 
The waiver is determined after a public hearing on the site plan with appropriate notice given to property owners within 200 feet of the property in question.
(4) 
Variations greater than 20% may be permitted, provided that the spaces can be accommodated on the lot. The application for development shall indicate the location of parking spaces to be waived, and all storm drainage systems shall be designed to accommodate the future development of the spaces, if needed. The determination of whether the spaces shall be constructed will be made after the building is occupied and can be made either by the developer or the Township. The area set aside for the parking accommodation shall be constructed of pervious paving materials where feasible. No additional approvals will be required in order to construct the parking facilities shown as long as they are built in accordance with the approved site plan.
[Amended 6-20-2006 by Ord. No. 2361-06]
The following standards apply to all uses in the Township except single-family and two-family dwellings.
A. 
Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent applicable state and federal regulation. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, the type and quality of emission control and the level of monitoring to be conducted.
B. 
Storage and waste disposal. No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department. No bulk storage of materials or equipment shall be in any front yard, nor closer to any street line than 100 feet, nor closer to any side or rear lot line than the minimum setback for principal buildings. Each site shall provide appropriate area(s), properly screened from adjacent property, for the orderly deposit and pickup of trash and garbage.
[Amended 5-20-2003 by Ord. No. 2221-03; 6-20-2006 by Ord. No. 2361-06; 10-20-2015 by Ord. No. 2798-15]
A. 
No lot shall have erected upon it more than one principal use. No more than one principal building shall be permitted on one lot except that shopping centers, multifamily complexes, industrial/office complexes, and convenience stores with a fueling station may be permitted more than one building on a lot in accordance with an approved site plan.
B. 
Notwithstanding, the foregoing, an approved personal wireless service facility may be a permitted secondary principal use on any lot.
[Amended 6-20-2006 by Ord. No. 2361-06]
A. 
All planted trees shall have a minimum diameter of 2.5 inches measured three feet above the ground and be of a species approved by the approving authority. Trees shall be planted no more than 50 feet apart along all new streets and be located within the right-of-way. They shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety. Trimming trees or filling around trees in the yard portion of a lot shall not be permitted unless it can be shown that grading requirements or thinning necessitate removal of trees, in which case those lots shall be replanted to reestablish the tone of the area and to conform with adjacent lots. Planted trees that do not live shall be replaced by the developer during the next planting season.
B. 
No live trees exceeding four inches in diameter measured at four feet above the ground shall be cut down or destroyed except under the following circumstances:
(1) 
Unless their presence would cause hardship or endanger the public or an adjoining property owner.
(2) 
Unless in areas to be occupied by buildings, driveways, sidewalks, parking or recreational area and within a distance of 15 feet around the perimeter of such building, depending upon the species of the tree and conditions to be determined by the Supervisor of the Parks and Shade Tree Department and certified to the Construction Official.
(3) 
Unless the area shall have a cut or fill of land which the Supervisor of the Parks and Shade Tree Department shall determine is injurious to trees. The determination of the Supervisor shall depend upon the species of tree and degree of injury and shall be indicated on the plan referred to.
C. 
In seeking approval under the exceptions listed in § 271-53B(3), the applicant shall prepare an inventory map depicting the existing live trees by size, type, and area of disturbance.
[Amended 6-20-2006 by Ord. No. 2361-06]
Sidewalks shall be installed as determined by the approving authority in the interest of public safety and proper pedestrian circulation considering the nature of adjoining streets and access to facilities such as schools, bus stops, recreation areas and retail services. Sidewalks shall be at least four feet wide and may be constructed of concrete or brick, with a cold joint every four feet and an expansion joint every 20 feet. Concrete sidewalks shall be Class B concrete having a twenty-eight-day compressive strength of 4,500 pounds per square inch, shall be air-entrained and shall be four inches thick except at points of vehicular crossing, where they shall be at least six inches thick. Sidewalks crossing driveways shall be reinforced at the midpoint or 1/3 points with welded wire fabric (66-1212) or equivalent. Where feasible, new or reconstructed sidewalks shall be constructed to slope into neighboring lawns or constructed of permeable paving materials.
Sight triangles shall be required at each corner of an intersection of streets and at intersections of streets and driveways serving commercial, industrial and multifamily housing developments. Driveways shall be classified as a local street for purposes of establishing distances. The area within sight triangles shall be either dedicated as part of the street right-of-way or kept as part of the lot and identified as a sight triangle easement. The standards set forth herein shall apply to all intersections in the Township, regardless of whether an additional right-of-way is dedicated or an easement provided. No grading, planting or structure shall be erected or maintained more than 24 inches above the center-line grade of the intersecting street or driveway or lower than 10 feet above their center lines, excluding street name signs and official traffic regulation signs. Where any intersection involves earth banks or vegetation, including trees, the developer shall trim or selectively thin trees and grade to provide the single triangle. The sight triangle is that area bounded by the intersecting street lines and a straight line connecting sight points located on each of the two intersecting street lines the following distances from the point of intersection:
A. 
Major streets at 100 feet; secondary streets at 60 feet; tertiary streets at 35 feet; and local streets at 25 feet.
B. 
Where the intersecting streets are both of a higher classification than local, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 25 feet on the intersecting street. The classification of existing and proposed streets shall be those shown on the adopted Master Plan.
C. 
Where streets or driveways intersect a state or county road, the sight triangle shall conform to state or county requirements.
D. 
A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided in the Maplewood Zoning and Development Regulations Ordinance."
E. 
Portions of a lot set aside for the sight triangles may be calculated in determining the lot area and minimum setbacks required by the zoning provisions.
[Amended 6-6-1989 by Ord. No. 1784; 6-6-1989 by Ord. No. 1785; 2-4-1997 by Ord. No. 2017-97; 6-20-2006 by Ord. No. 2361-06]
The purpose of this section is to create the legal framework for a system of signs and street graphics.
A. 
Table of Design Elements. A Table of Design Elements for street graphics is included herewith. Except in areas of special control, as set forth in Subsection G, no street graphic shall be erected, displayed, substantially altered or reconstructed except in conformance with the Table of Design Elements, hereinafter referred to as "table."
Table of Design Elements
KEY:
Y = Yes; N = No; W = White
Zoning Districts
R-1-7 through R-2-4, RGA
NB, RB
HB
OB, RO, CI, SLI
Basic elements:
Wall graphic, area
2 square feet
20%
20%
10%
Wall graphic, height
1 foot
2 feet
2 feet
2 feet
Ground graphic, area
2 square feet
10 square feet
20 square feet
40 square feet
Auxiliary elements:
Awnings
N
Y
Y
N
Canopies
N
Y
Y
N
Marquees
N
N
Y
N
Time and temperature
N
Y
Y
N
Window
N
(Notes A and B)
N
Surface color
W + 1
All
All
W + 2
NOTES:
Note A: Temporary window graphics must be removed within five days after the close of the sale or special event and in no event may be displayed more than 40 days. Graphics must be attached flat against the window glass and not occupy more than 25% of the total area of the window in which displayed.
Note B: Permanent window graphics may not occupy more than 25% of the total area of the window in which displayed. Any lettering in the window which is less than three inches in height shall not be considered in this calculation.
B. 
Items of information allowed.
(1) 
Each land use is entitled to display street graphics containing up to 10 items of information on each street to which it has access. The name of the proprietor or the name of the business occupying the building and its premises shall count as only one item of information. The name may be displayed on each street frontage, even if the items of information use up the permitted 10 items.
(2) 
An "item of information" means any of the following: a syllable of a word, an abbreviation, a number (whether one digit or more), a symbol or a geometric shape. In addition, graphics combining several shapes are to be assessed one additional item for each noncontinuous plane.
(3) 
Lettering less than three inches in height, if contained in a wall graphic, is not included.
C. 
Ground graphics. Any land use may display one or more ground graphics, provided that:
(1) 
The face of the building or structure is set back at least 35 feet from the street line.
(2) 
The ground graphic shall not exceed 12 feet in height, measured from the grade at the street line.
(3) 
A ground graphic which is six square feet or more in area may be displayed only on a frontage of 100 feet or more.
(4) 
The ground graphic shall be set back from each property line and the street line a minimum of 10 feet or 1 1/2 times the height of the graphic, whichever is greater.
D. 
Wall graphics.
(1) 
The area permitted for wall graphics is shown in the table.
(2) 
"Signable area" of the building means an area of the facade of the building which is free of windows, doors and major architectural detail. The percentage figures shown in the table are based on the signable area. The following provisions apply in calculating the graphic area:
(a) 
If the graphic is enclosed by a box or outline, the total area of the graphic, including the background, is counted as part of the graphic area.
(b) 
If the graphic consists of individual letters, only the area of the letters is counted as part of the signable area.
(3) 
A graphic may not cover or interrupt major architectural features, such as frieze, string courses or other decorative facade details.
(4) 
Wall graphics height, limitations:
(a) 
Wall graphics placed in the space between windows may not exceed in height more than 2/3 of the distance between the top of a window and the sill of the window above or major architectural details related thereto.
(b) 
Wall graphics may not extend above the second story, nor above the roofline of the building to which attached.
E. 
Projecting graphics are not permitted.
F. 
Special situations:
(1) 
Street graphics may be displayed on the side or rear of a building adjacent to an off-street parking area if the off-street parking area is 40 feet or more in width. However, the side or rear of the building may not be included when calculating the signable area.
(2) 
If a building has frontage on two or more streets, each side of the building is to be separately considered.
G. 
Area of special control.
(1) 
A house of worship, school or other quasi-public land use in an R-1-7 through R-2-4 or RGA District may display one ground graphic not larger than 15 square feet in area. Golf courses and private clubs may display one ground graphic not to exceed 10 square feet in area and five feet in height for each vehicular entrance from a public street.
(2) 
Apartments in the RGA District may have one ground graphic not larger than 12 square feet in area and five feet in height for each 200 feet of street frontage.
(3) 
Office buildings in the OB District may have one ground graphic not larger than 20 square feet in area and 12 feet in height.
(4) 
Automobile service stations may have one pole-mounted ground graphic not larger than 15 square feet in area, nor more than 20 feet in height. This sign area is to be included in sign and graphic allowances set forth in the table.
(5) 
The following graphics are prohibited:
(a) 
Billboards.
(b) 
Portable graphics.
(c) 
Graphics with motion or which give the illusion of motion.
(d) 
Flashing, intermittent or changing color light for graphics.
(e) 
Temporary pennants and flags.
(6) 
The following temporary graphics are permitted and do not require a permit:
[Amended 11-14-2011 by Ord. No. 2679-11; 9-4-2012 by Ord. No. 2702-12]
(a) 
Graphics identifying sale, rental or lease of premises; adhesive signage; "open house" signs; "coming soon" signs.
[Amended 3-17-2015 by Ord. No. 2771-15; 4-18-2017 by Ord. No. 2859-17; 7-18-2017 by Ord. No. 2865-17]
[1] 
Sale, rental, or lease signs; adhesive signage; "coming soon" signs.
[a] 
Graphics identifying the sale, rental or lease of the premises on which located and an artisan or contractor identification while at work on the premises, subject to a maximum graphic area of six square feet with a width of no greater than 28 inches in the R-1-7 through R-2-4 and RGA Districts and nine square feet in all other districts. In addition, one sign rider no more than six inches in height may be added above, and up to two sign riders each of which may be no more than six inches in height may be added below. Any sign rider must be related to the sale, rental or lease of the premises at which the sign is located and cannot be used for general advertisement. Ground graphic provisions shall apply. Graphics must be removed within three business days after closing of title or lease or the reason for the graphic has ceased.
[b] 
"Sold" signs, "leased" signs or any sign indicating that the original reason for the sign has ceased shall be prohibited. Notwithstanding the foregoing, "under contract" sign riders are permitted subject to the foregoing provisions. In addition, notwithstanding the foregoing, "coming soon" sign riders are permitted for a period of 14 days subject to the foregoing provisions. A "coming soon" sign rider must have the date of removal listed on the sign rider.
[c] 
Temporary adhesive signage for any purpose is prohibited.
[2] 
On-premises "open house" signs shall be permitted only during the period that the open house is being conducted. Only one sign shall be permitted of each category, that is, "open house," "for sale," "for lease," or wording of the same intent. All signs such as "for sale," "for rent" or "open house" and artisan and contractors shall be restricted to the subject property being offered, and such signs shall be placed no closer than 15 feet from the front curb of the property, as measured from the front edge of the sign, unless there is a permanent obstruction, such as a masonry wall, greater than four feet in height, as measured from the ground, in which the sign shall be placed against the outer portion of the permanent obstruction.
[3] 
In addition, off-premises "open house" signs shall be permitted on the day that the subject property is open for inspection or an open house is being conducted on the following conditions:
[a] 
Any intersection shall have not more than three total directional signs on the corners of the intersection, and there may be only one "open house" sign per open house per intersection.
[b] 
"Open house" signs may be placed from sunrise to sunset on the day that the open house is being held.
[c] 
"Open house" signs may be placed in the grass area between the sidewalk and the street or, in the absence of a sidewalk, within three feet of the curb adjacent to the subject property.
[d] 
No "open house" sign may be placed in such a location so as to create, in the exclusive determination of the Maplewood Police Department, a traffic hazard.
[4] 
All other signs are prohibited from being placed within the public rights-of-way.
(b) 
Violation and penalties.
[Amended 3-17-2015 by Ord. No. 2771-15]
[1] 
Any violation of the above shall be punished by penalty as listed in Article VI of this chapter but in no case less than $100 per violating sign per each day of violation.
[2] 
Additionally, any violating sign may be removed and discarded by officials of the Township of Maplewood.
H. 
Permits.
(1) 
No street graphic other than temporary graphics as set forth in Subsection G(6) or those operations set forth in Subsection H(3) below shall be erected, altered or relocated without an advisory review by the Design Review and Beautification Committee[1], an approval by the Planning Board and a permit issued by the Construction Official.
[1]
Editor's Note: Said Committee was dissolved 12-15-2009 by Ord. No. 2612-09.
(2) 
Applications for permits shall include a drawing showing the design, location, pertinent details and the name and address of the owner and applicant.
(3) 
The following operations shall not require a permit:
(a) 
Changing copy on a theater marquee.
(b) 
Renovating an existing graphic where no change in letter size or copy is made.
I. 
Auxiliary elements. See the table in Subsection A.
(1) 
Awnings and canopies are permitted in the NB, RB and HB Districts. Letters over three inches in height which are displayed are debited against the allowable graphic area.
(2) 
Temporary window graphics are not debited against the allowable graphic area.
(3) 
Indirect illumination, i.e., a light source not seen directly, is permitted.
(4) 
Floodlight illumination is permitted, provided that none of the light shines onto an adjoining property or in the eyes of motorists or pedestrians.
(5) 
Bare bulb illumination is not permitted.
[Amended 6-20-2006 by Ord. No. 2361-06]
All major site plans and major subdivisions shall incorporate soil erosion and sediment control programs according to the approved staging plan, if any, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages. All major developments that exceed one or more acres of land disturbance shall comply with the Low Impact Development Design Standards outlined in the New Jersey Stormwater Best Management Practices Manual. See sections in this article entitled "Floodplain regulations" and "Drainage.”[1]
A. 
Data required.
(1) 
A plan establishing the means for controlling soil erosion and sedimentation at the applicant's expense and certified by the Soil Conservation District is required.
(2) 
The plan shall be prepared by a professional engineer licensed in New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering, as defined in N.J.S.A. 45:8, and shall contain:
(a) 
The location and description of general topography and soil characteristics on and surrounding the site, including a copy of the Soil Conservation Service Soil Survey.
(b) 
Proposed changes to contours showing existing and postconstruction conditions.
(c) 
Proposed measures for controlling soil erosion and sediment during and after construction.
(d) 
The sequence of installing erosion and sediment control measures, including anticipated starting and completion dates.
B. 
General design principles.
(1) 
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
(2) 
Whenever feasible, natural vegetation shall be retained and protected.
(3) 
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
(4) 
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.
(5) 
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.
(6) 
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
(7) 
Sediment shall be retained on-site.
(8) 
Diversions, sediment basins and similar structures shall be installed where required, prior to any on-site grading or land disturbance.
(9) 
Grading and filling. All fill shall be clean fill and/or topsoil. Grading shall be limited to areas shown on an approved plat. Any topsoil disturbed during grading operations shall be redistributed throughout the site.
(10) 
Soil removal and redistribution. Excavation of soil, other than required to construct approved structures and facilities, shall be prohibited. Any application proposing the disturbance of more than 5,000 square feet of surface area of land, as defined in the Soil Erosion and Sediment Control Act (Chapter 251 of the Laws of 1975),[2] shall include the following:
(a) 
The means to control or prevent erosion.
(b) 
Sedimentation basin(s) for soil that does erode due to water.
(c) 
Control of drainage, dust and mud on the premises as well as abutting lands.
(d) 
Preservation of soil fertility and the ability of the area to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer.
(e) 
Maintenance of necessary lateral support and grades of abutting lands, structures and other improvements.
(f) 
Avoidance of pits and declivities which are hazardous or which provide insect breeding locations.
[2]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
C. 
Maintenance. All erosion and sediment control measures shall be maintained for two years after completion or until such measures are permanently stabilized as determined by the Township Engineer, whichever is longer.
D. 
Exemptions. The following are exempt from the soil erosion and sediment control provisions:
(1) 
Land disturbance associated with the construction of a single-family dwelling unit unless such unit is a part of a proposed subdivision, site plan, zoning variance or building permit application involving two or more such single-family dwelling units.
(2) 
Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.
(3) 
Use of land for gardening primarily for home consumption.
(4) 
Percolation tests and/or soil borings.
[1]
Editor's Note: See §§ 271-45 and 271-41, respectively.
[Amended 6-20-2006 by Ord. No. 2361-06]
Streetlighting standards of a type and number approved by the approving authority and the Township Engineer shall be installed at street intersections and elsewhere if deemed necessary by the approving authority.
[Amended 6-20-2006 by Ord. No. 2361-06]
A. 
All developments shall be served by paved streets.
B. 
Residential development bounded by any major or secondary street shall control access to said streets by having all driveways intersect minor streets. Where circumstances may dictate that a driveway enter a major or secondary street as an exception, the lot shall provide on-site turnaround facilities and adjoining lots may be required to share one curb cut.
C. 
Street rights-of-way shall be measured from lot line to lot line. The continuation of an existing street shall be at the same width as the existing street unless a greater width may be required in accordance with the following schedule:
Type of Street
Right-of-Way
(feet)
Paving Width
(feet)
Major street
2-lane
66
36
4-lane
86
56
Secondary street
60
36
Tertiary and local street
50
30
D. 
Where a development adjoins or includes existing streets that do not conform to widths shown on the Master Plan, the Official Map or this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be either dedicated or anticipated in the development design by creating oversized lots in a subdivision and increased building setbacks on a site plan to accommodate the future widening. The additional widening may be offered to the Township and, if offered, shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Maplewood." If the development is along one side only, 1/2 of the required extra width shall be anticipated.
E. 
Local streets shall be designed to discourage through traffic and shall have grades no greater than 10%. No street shall have a grade less than 0.75%. Maximum grades within 100 feet of intersections shall be 4%. The cross section of the cartway from the center line to the curbline or edge of paving shall not exceed a two-percent slope.
F. 
Four-way intersections involving local streets shall be avoided wherever possible. Intersecting street center lines shall not be less than 75° . Approaches to all intersections shall follow a straight line for at least 100 feet measured along the curb. No more than two street center lines shall meet or intersect at any one point. Intersections shall be rounded at the curbline with a curbline radius based on the street with the largest radius: major at 40 feet; secondary at 30 feet; and tertiary and local streets at 20 feet.
G. 
Sight triangles shall be provided as required in § 271-55.
H. 
Dead-end or cul-de-sac streets shall be not longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 40 feet for the paved width and 50 feet for the right-of-way width, and tangent whenever possible to the right side of the road. If a cul-de-sac street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extensions of the street and reversion of the excess right-of-way to the adjoining properties.
I. 
No street shall have a name which duplicates or nearly duplicates in spelling or phonetic sound the name of an existing street so as to be confused therewith. The continuation of an existing street within the Township shall have the same name. The names of new streets shall be approved by the governing body.
J. 
Streets shall be constructed in accordance with the following standards and specifications. Roadways including subgrade, subbase, base courses and pavements shall be constructed in accordance with New Jersey Department of Transportation Standard Specifications, as modified herein. All subsurface utilities, including service connections to each lot (terminating at least two feet behind any sidewalk), and all storm drains shall be installed prior to the construction of final pavement surfaces.
(1) 
The pavement design shall be the responsibility of the developer and shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils along in the proposed streets. The design shall follow current recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Township Engineer. Pavement shall be of one type throughout the development and be either bituminous concrete flexible pavement or portland cement concrete rigid pavement, except that where existing concrete roadways are being widened, the widened pavement shall be portland cement concrete and the remaining pavement in the development may be either bituminous or cement. The use of pervious paving materials is encouraged for driveways and accessways to minimize stormwater runoff and promote groundwater recharge.
(a) 
Rigid portland cement paving shall be expansion-joint-type paving utilizing Type A expansion joints (any alternate type joints shall be approved by the Township Engineer), shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of 6.5 inches.
(b) 
Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches with a wearing surface of not less than two inches of compacted pavement, Type FABC-1; a compacted bituminous stabilized base course of not less than 2.5 inches; and a dense graded aggregate base course to provide the remaining depth. Bituminous stabilized base may be substituted for aggregate base on a ratio of one part stabilized base to three parts aggregate base.
(2) 
Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the proposed subgrade and filled with a suitable subbase material, such as sand, gravel or stone, as determined by the Township Engineer. Where required by the Engineer, a system of Type F underdrains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material shall be applied.
(3) 
Subbase and/or aggregate base courses.
(a) 
Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as described above. If used, graded aggregate base courses shall be at least four inches thick and be Soil Aggregate, Type 5, Class A, or Type 2, Class A or B.
(b) 
Portland cement pavements must be constructed with a minimum of six inches of a granular-type subbase Type 4, Class E. Any subbase course of aggregate base course shall have a minimum thickness of four inches.
(4) 
Bituminous base courses.
(a) 
Bituminous base courses for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) except that New Jersey Department of Transportation requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four inches.
(b) 
Prior to placement of any bituminous base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat.
(5) 
Bituminous pavements. Bituminous pavements shall consist of a bituminous concrete surface course Type FABC-1. The bituminous pavement wearing surface shall generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Township Engineer. Any areas of the base course in need of repair shall be removed and replaced at the discretion of the Township Engineer. If the Township Engineer directs, a leveling course of FABC material shall be placed on any uneven or below grade base courses prior to the placement of finished pavement. Pavement surfaces shall be placed only with permission of the Township Engineer.
(6) 
Alternate pavement types. If alternate pavement types are proposed either for decorative purposes, physical restrictions, existing conditions or shortages in certain construction materials, a detail of the type and/or location of alternate pavement types shall be submitted for approval. Approval shall be based upon the equipment, materials and methods proposed for use and the Township Engineer's inspection, testing and approval of a section of such pavement. If the Township Engineer does not approve the sample section of pavement, the developer shall replace it with permitted pavement.
Street signs shall be of a type, design and material approved by the governing body. There shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction.
Residential pools shall be installed only on lots containing a residence. All swimming pools shall be installed in accordance with the following standards. Approval of a swimming pool can be issued by the Construction Official, provided that no variances are required.
A. 
Construction. All materials used in the construction of swimming pools shall be of durable quality and waterproof, and the pool shall be so designed as to facilitate its filling, emptying, cleaning, disinfecting, filtering and circulating of the water. Pools are to be installed in a workmanship-like manner by competent and experienced person(s). Maximum pool height shall not be more than four feet above the existing median grade at the pool perimeter. Pool equipment for aboveground pools such as decks, platforms, diving boards, slides, awnings, canopies and similar appurtenances are prohibited. Pool ladders (handrails) may exceed four feet, but ladders are to be unfastened and removed by a responsible person when the pool is unattended.
B. 
Lighting. No artificial lighting shall be maintained or operated in connection with a swimming pool in such a manner as to be a nuisance or an annoyance to neighboring properties.
C. 
Fences and shrubbery. Swimming pools shall be enclosed by a structurally adequate fence a minimum of four feet in height and a maximum of six feet in height and at least four feet back from the pool's edge, so constructed as to prevent any person or animal from gaining access beneath or through or by ease of climbing said fence, and which shall have a similarly substantial gate or gates of the same height as the fence, with facilities for locking when the pool is unattended. Swimming pool gates shall be closed at all times, except when opened for the purpose of ingress or egress, and shall be fitted with a mechanism for automatically returning to a closed, latched position. When the swimming pool is not in use, gates shall be locked and shall be opened only by key or combination. Shrubbery such as thick foliage evergreen having year-round growth and of a type that, within three years from the date of planting, will form a screen of not less than the height of the fence for private pools and not less than six feet for public pools bordering residential zones. Shrubbery shall be planted along the outer periphery of the fence, except at gates, to screen the fence as well as the swimming pool.
[Amended 1-19-1988 by Ord. No. 1738; 10-18-1988 by Ord. No. 1765]
D. 
Location and area. The swimming pool shall not be closer than 10 feet to any side or rear lot lines of the property; provided, however, that no part of any pool shall be constructed within the front yard. Pools shall be constructed in rear yards only, and the water surface shall not exceed 50% of the total area of the rear yard. In the case of corner lots, the pool shall be located in a side yard area set back a minimum of 1.5 times the required front yard setback for the zoning district in which it is located, screened from view from the street, and its water surface shall not exceed 15% of the total area of the lot.
E. 
Lifeguard service. All public swimming pools shall provide competent lifeguard service during hours when the pool is in use.
F. 
Noise limitations. It shall be the responsibility of the owners of pools to inhibit any unnecessary or unusual noise which may annoy, disturb or otherwise impose or intrude on the comfort, repose, health, peace or safety of others.
G. 
Draining of pool. When emptying a pool, the discharged water shall be disposed of in an approved manner and shall not be diverted to abutting properties.
H. 
Licenses and inspections. A license fee in addition to a permit fee shall be required upon approval of an application for a swimming pool. The license fee shall also be payable periodically every three years thereafter upon the inspection and approval of the pool by the Building Department. Inspections made initially during construction or thereafter that reveal violations of this section or of the current BOCA National Building Code Subcode will necessitate discontinuance of use and removal of the pool.
A. 
Housing trailers may be installed on private property only in the event of fire which partially or totally destroys a residence and may be permitted to remain thereon until the main residence is made habitable, but in no event shall the trailer be permitted to remain longer than 90 days.
B. 
The property owner shall apply to the Construction Official for a certificate of use and shall not install the trailer until the Construction Official issues said certificate.
C. 
The trailer shall be placed to the rear of the property and shall not be located within six feet of any structure located on adjacent property and shall be so placed to permit full and complete access to the front and sides of the building under repair.
D. 
All trailers shall be inspected regularly for habitability under the standards set forth in Chapter 149, Housing, of the Code of the Township of Maplewood.
E. 
A trailer may also be used for a temporary construction office located on a construction site. Prior to its use for a temporary purpose, a temporary permit must be obtained from the Construction Official.
[Amended 6-20-2006 by Ord. No. 2361-06]
No open space providing front, side or rear yard space for one building shall be considered as providing the yard provisions of another. A lot with frontage on two or more streets, including corner lots, shall have the building set back from each street not less than the required front yard.
[Added 6-20-2006 by Ord. No. 2361-06]
All site plans and subdivisions shall, when feasible, preserve natural features, such as trees, forests, brooks, swamps, hilltops, and viewsheds. Sufficient existing trees and vegetation shall be maintained to enhance soil stability and landscape treatment of the areas.
[Added 6-20-2006 by Ord. No. 2361-06]
Any off-site improvements associated with a site plan and subdivision shall conform to the stormwater management and drainage standards listed in this chapter.