N.J. Admin. Code § 19:4-8.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:4-8.2 - Parking

(a) General requirements applicable to parking are as follows:

1. No structure shall be constructed, moved, or altered, and no existing structure or use shall be enlarged, after February 17, 2004 unless the required number of parking spaces are provided in accordance with N.J.A.C. 19:4-8.4.

2. All required parking facilities shall be located off-street and on the same lot occupied by the use served.

3. Required parking facilities shall be solely for the parking of motor vehicles, registered and in operating condition, of patrons, occupants, or employees of such uses.

4. The number, dimensions, location, and construction of barrier free parking spaces shall meet the requirements set forth in the NJ UCC Barrier Free Subcode, N.J.A.C. 5:23-7.

5. Adequate pedestrian circulation shall be provided between parking areas and the structures and uses served, and shall include methods to separate pedestrian and vehicular traffic.

6. No motor vehicle repair, work or service of any kind shall be permitted in connection with any non-residential parking facility, except where otherwise permitted.

7. All areas to be maintained for fire fighting or other emergency purposes shall be appropriately designed and designated in accordance with the New Jersey Uniform Fire Code (NJ UFC), N.J.A.C. 5:18, as determined by the municipal fire official, and identified on a site plan.

(b) Location requirements are as follows:

1. No vehicular use areas are permitted in required front yards or within required buffer areas. Driveways shall intersect ROW's at right angles, or as close as practicable, and shall traverse the required front yard in the shortest path practical.

2. All vehicular use areas shall maintain a five-foot setback from side and rear property lines, except in the Low Density Residential and Neighborhood Commercial zones, where a two-foot setback shall be maintained.

3. Entrances and exits shall not be located within the required line-of-sight triangle of an intersection or less than 50 feet from the intersection of the projected curb lines, except in the Low density residential zone.

(c) Design requirements are as follows:

1. A minimum six feet of landscaped open space shall be maintained as a buffer between buildings and vehicular use areas, exclusive of loading areas.

i. With the exception of new buildings and building additions, the Chief Engineer may waive or modify this requirement in existing vehicular use areas that do not currently provide the required minimum buffer, or for the minor extension of such an area as determined by the Chief Engineer, as follows:

(1) Where such waiver or modification is needed to achieve required parking space dimensions and/or aisle widths; and

(2) Where no practical design alternatives are available to achieve compliance with this subsection.

ii. In cases where the required buffer has been waived or modified, building protection shall be provided to the extent possible, including, but not limited to, striping, wheel stops, guide rails and/or bollards.

2. Entrances and exits shall be located in a safe and convenient manner with minimal impact on traffic movement on adjacent streets. All entrances and exits to parking areas shall have appropriate directional signage for traffic control.

3. Adequate space for queuing of vehicles shall be provided. Uses with drive-through facilities shall provide an adequate queuing lane.

4. All parking stalls shall be marked with four-inch wide lines.

5. All vehicular use areas, except those in the Environmental Conservation zone and single-family and two-family detached residences, shall be curbed with full depth concrete or granite block and paved or otherwise improved with an all-weather dustless material. Use of pavement materials other than asphalt or concrete shall be subject to approval by the Chief Engineer.

6. All vehicular use areas shall be provided with adequate drainage facilities in accordance with N.J.A.C. 19:4-8.6.

7. All vehicular use areas shall be properly screened and landscaped in accordance with N.J.A.C. 19:4-8.9.

8. All vehicular use areas shall be adequately and properly lit in accordance with N.J.A.C. 19:4-8.1 3.

9. Parking spaces that back-out directly into a street are prohibited, except for single-family and two-family detached dwellings.

10. Two feet in any stall length may be provided as a landscape overhang area, provided that required curbing is installed. Landscape overhang areas shall not be permitted in the following locations:

i. The required front yard;

ii. The five-foot property line buffer required in N.J.A.C. 19:4-8.2(b) 2;

iii. The six-foot building buffer required in N.J.A.C. 19:4-8.2(c)1;

iv. The required open space area; and

v. The ends of parking stalls angled less than 60 degrees.

11. Safety islands, with a minimum dimension of five feet, shall be provided between the ends of a parking bay and any driveway, aisle or other areas as deemed necessary by the NJMC. Such islands shall be curbed with full-depth concrete or granite block and landscaped with shade trees and other appropriate vegetation.

12. All parking areas shall be arranged and designed so as to prevent damage to adjacent fences, walls, plantings and lighting structures.

13. Parking areas shall be designed in accordance with Figure 8-1, as follows:

Figure 8-1

Parking Dimensions and Layout

Data in image

(d) The minimum number of required parking spaces per use are as follows:

1. The number of parking spaces provided for all classifications of uses on a site shall be required in accordance with N.J.A.C. 19:4-8.4.

2. Where there is more than one use on a site, the number of required parking spaces shall be the sum of required parking spaces for each use.

3. Space allocated for required parking shall not be used for the parking of vehicles for sale, lease, or rental in conjunction with vehicle sales and rental facilities.

4. Space allocated for required parking shall not be used to satisfy any portion of the site's loading requirement, nor shall such space be used for storage and trailer parking, or any other purpose.

5. Space allocated for required parking shall not be utilized for any loading or truck maneuvering.

6. When required parking calculations result in a fraction of a space, that figure shall be rounded to the closest whole space.

(e) In conjunction with an application for new development, land-banking of required parking may be considered by the NJMC in accordance with the following:

1. The applicant shall satisfactorily demonstrate that the full amount of required parking will not be needed to support a specific tenant or use, or until a later phase of development or construction.

2. The land-banked parking area shall comply with all applicable regulations.

3. All land-banked parking areas shall be deed restricted.

(f) Shared parking requirements are as follows:

1. Parking areas may be shared by more than one use if a shared parking plan prepared in accordance with these regulations is approved by the NJMC. A shared parking plan prepared by a New Jersey-licensed professional engineer or other individual determined by the NJMC to be qualified as an expert in traffic engineering shall be submitted to the NJMC and shall include the following:

i. Determination of required number of spaces:

(1) For new construction, the minimum number of parking spaces constructed for a shared use project shall be determined by a shared parking plan, developed in accordance with the Urban Land Institute's (ULI) Shared Parking Manual, Second Edition, 2005, incorporated herein by reference, as amended and supplemented, or other similarly recognized publication. The Shared Parking Manual can be obtained from the Urban Land Institute, 1025 Thomas Jefferson Street, N.W., Suite 500 West, Washington, DC 20007.

(2) If the shared parking plan assumes the use of an existing parking facility already being utilized by continuing uses, then parking surveys shall be conducted twice during a typical week for a minimum of one month to determine actual parking usage. The surveys shall include morning, afternoon, and evening peaks as appropriate.

ii. A site plan shall show how the actual number of parking spaces required in N.J.A.C. 19:4-8.4 could be provided on the site. The banked parking areas shall be indicated in the site plan as excess open space or future parking garage.

iii. The design of the banked parking area shall comply with all applicable regulations and shall be practical, feasible, and compatible with the site plan.

iv. A shared parking plan may include trip reduction elements, such as shuttle bus operations, that would reduce parking demand.

2. All zoning certificates issued for projects involving shared parking shall be conditioned upon the property owner submitting a study of actual parking usage and demand performed within two years of the issuance of occupancy certification for 85 percent of the development. The NJMC has the right to require the property owner to submit periodic monitoring reports for a period not to exceed 10 years.

3. The property owner shall provide a performance bond sufficient to construct the banked parking area. The performance bond shall be valid for a minimum of two years after the issuance of occupancy certification for 85 percent of the development. The NJMC will authorize the release of the performance bond upon submittal and acceptance of the parking usage study.

4. A deed restriction shall be executed guaranteeing that the property owner will construct the banked parking area directly if the NJMC determines that the shared parking plan should be modified or revoked. Insufficient parking supply shall be evidenced by parking occupancy rates over 98 percent for at least two consecutive hours on at least three typical days within a single month.

5. Before a change in use or operating hours that could increase peak parking demand by at least 10 percent, the property owner shall provide a follow-up study analyzing the change in demand patterns. Any forecasted deficiency shall be met by the construction of additional parking spaces.

6. Parking spaces to be shared cannot be reserved for specific uses, tenants, or individuals.

7. If any shared parking arrangement fails to meet the criteria in this section, the NJMC has the right to terminate the shared parking plan and to enforce the construction of the required parking.

(g) Captive parking will be considered and/or allowed by the NJMC based upon the submission of evidence by the applicant to support a reduction in the total number of parking spaces due to an overlap of separate uses on the same site. Evidence may include studies of similar uses and traffic engineering studies.

N.J. Admin. Code § 19:4-8.2

Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
In (c)5, inserted the last sentence; and in (f)1i(1), substituted "Second Edition, 2005" for "1983".
Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
Added (c)1i and (c)1ii.