N.J. Admin. Code § 5:21-4.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:21-4.14 - Parking: number of spaces

(a) An adequate number of on-street and off-street parking spaces shall be required in all developments to accommodate residents and visitors. For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7) to be accessible, accessible parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.

(b) For residential developments, parking shall be provided, as set forth in Table 4.4 below. If applicant does not specify the number of bedrooms per unit, note "c" for each category in Table 4.4 shall apply for the parking requirement.

(c) Table 4.4 specifies the maximum number of parking spaces planning boards and other local reviewers shall require. The number of parking spaces is based on the number, size, and type of dwelling.

1. Reviewers may allow fewer parking spaces, when warranted. Factors that may affect parking include the following:

i. Household characteristics;

ii. Access to mass transit;

iii. Geographic location; and

iv. Offsite parking resources.

2. Approvals with fewer parking spaces shall be exempt from the de minimis exception process at N.J.A.C. 5:14-3. The notice requirement shall not apply for approvals with fewer parking spaces.

3. When both the designer and reviewer agree that more parking spaces than the amount specified within Table 4.4 below are needed, the developer shall send notice of the agreement to exceed the standard to the Department, pursuant to N.J.A.C. 5:21-3.6. The notice shall state how many more parking spaces are needed and the reason they are needed.

(d) Garage and driveway combinations shall be counted as follows:

1. Each garage car space shall be counted as 1.0 off-street parking space regardless of the dimensions of the driveway.

2. A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way.

3. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.

(e) When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted.

(f) When, in the judgment of the local approving authority, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.

(g) Municipalities shall comply with the Statewide standard for electric vehicle (EV) charging stations required at P.L. 2021, c. 171. These standards are further defined by the Office of Local Planning Services, Department of Community Affairs, in its Model Statewide Municipal EV Ordinance.

1. Fifteen percent of the spaces approved by municipalities shall be make-ready or installed with EV equipment. Municipalities shall not adopt ordinances exceeding this requirement.

2. Municipalities may encourage, and developers and reviewers may agree to exceed the 15 percent standard in accordance with N.J.A.C. 5:21-3.6.

i. In the event the developer and reviewer agree to exceed the standard, the developer shall send notice to the Department. A copy of the planning board resolution shall be sufficient notice if it describes the excess percentage and reason for it.

ii. Municipalities shall not reject a project solely because an agreement to exceed the 15 percent standard was not reached.

3. Municipalities shall be responsible for enforcement and administration of the EV standards and the model ordinance. This shall include all review and approvals, as well as, ordinances dealing with administration and enforcement, including use, timing, maintenance, and the sharing of EV spaces.

i. Maintenance and enforcement may be delegated to a homeowner's association, subject to approval by local reviewers.

4. Installation of electrical vehicle charging stations and equipment shall comply with the Uniform Construction Code, N.J.A.C. 5:23.

TABLE 4.4

MAXIMUM NUMBER OF PARKING SPACES BASED ON NUMBER, TYPE, AND SIZE OF DWELLINGS^a

Housing unit type/sizeb	Parking requirement per dwelling unit
Single-Family Detached
2 Bedroom	1.5
3 Bedroom	2.0
4 Bedroom	2.5c
5 Bedroom	3.0
Two Family (Duplex)	"Single-Family Detached" values shall apply to
each unit
Garden Apartment
1 Bedroom	1.8
2 Bedroom	2.0c
3 Bedroom	2.1
Townhouse
1 Bedroom	1.8
2 Bedroom	2.3c
3 Bedroom	2.4
High Rise
1 Bedroom	0.8
2 Bedroom	1.3c
3 Bedroom	1.9
Mobile Home
1 Bedroom	1.8
2 Bedroom	2.0c
Retirement Community	Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles.
Recreational Homes (owner occupied)	Values shall be commensurate with the most appropriate housing unit type and size noted above that the recreational homes (owner occupied) resemble.
Mid-Rise Apartment	"Garden Apartment" values shall apply
Assisted livingd	0.50

^aWhen determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.

^bRequirements for attached units (apartment/condominium/townhouse) include provisions for guest parking (0.5 spaces per dwelling unit). Guest parking must either be provided for on street or in common parking areas.

^c If applicant does not specify the number of bedrooms per unit, this parking requirement shall apply.

^d As defined by the New Jersey Department of Health at N.J.A.C. 8:36-1.3, as a facility with apartment-style housing and congregate dining, and other assisted living services available when needed. At a minimum, apartment units have one room, a private bathroom, a kitchenette, and a lockable entrance door.

Source: Modified and adapted from U.S. Department of Commerce, Bureau of the Census, Public Use File--New Jersey (cross-tabulation of vehicles by housing unit for units constructed 1975 to 1980).

N.J. Admin. Code § 5:21-4.14

Amended by R.1999 d.374, effective 11/1/1999 (operative May 1, 2000).
See: 31 N.J.R. 477(a), 31 N.J.R. 3259(a).
Rewrote (d); and in Table 4.4, deleted "offstreet" preceding "parking" in Note c.
Administrative correction.
See: 32 N.J.R. 684(b).
Amended by R.2000 d.480, effective 12/4/2000 (operative June 3, 2001).
See: 32 N.J.R. 2670(b), 32 N.J.R. 4277(a).
In Table 4.4, amended column headings and inserted requirement for assisted living.
Amended by R.2002 d.399, effective 12/16/2002.
See: 34 N.J.R. 2615(a), 34 N.J.R. 4412(a).
In Table 4.4, added "Two Family (Duplex)" and rewrote footnote b.
Public Notice: Notice regarding the Publication of two Notices of Adoption in the December 16, 2002 New Jersey Register.
See: 34 N.J.R. 4343(a), 4412(a), 35 N.J.R. 219(b).
Administrative change.
See: 35 N.J.R. 1663(a).
Public Notice: Application for Special Area Standard for Parking.
See: 46 N.J.R. 458(a), 46 N.J.R. 1480(a).

Amended by 52 N.J.R. 1997(a), effective 11/2/2020

Amended by 55 N.J.R. 1999(a), effective 9/18/2023