Township of Montville, NJ Article XV General Provisions

§ 230-119 Schedule of Permitted Uses.

The principal, accessory and conditional uses permitted in each district are set forth in Schedule C, Schedule of Permitted Uses, which is included at the end of this chapter and is hereby declared to be part hereof.

§ 230-120 Schedule of Area and Bulk Requirements.

The area and bulk regulations which control development in each district are set forth in Schedule D, Schedule of Area and Bulk Requirements, which is included at the end of this chapter and is hereby declared to be part hereof.

§ 230-121 Nature and extent of uses of land.

The control and regulation of the uses of buildings and structures, as herein provided, shall equally apply to the nature and extent of the use of the land.

§ 230-122 Existing platted lots.

Any lot or plot as recorded at the time of passage of this chapter that fails to comply with the minimum requirements of Part 4 may be used for any use not otherwise prohibited in such district in which it lies, provided that all of the following requirements are complied with:

A. Said lot is in single ownership, as defined in this chapter.

B. All yard requirements are complied with.

§ 230-123 Subdivision of lot.

When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of Part 2. Subdivision shall be effected in accordance with Part 2.

§ 230-124 Prohibited uses.

[Amended 8-25-2015 by Ord. No. 2015-19]

A. General prohibition. Where a use is not specifically permitted in a zone district, it is prohibited.[1]

[1] Editor’s Note: Former Subsection B, Pipelines, was repealed 04-25-2017 by Ord. No. 2017-16.

B. Cannabis. All classes of cannabis establishments or cannabis distributors or cannabis delivery services, as said terms are defined in Section 3 of P.L. 2021, c. 16, are prohibited in all zones and districts within the Township of Montville. However, this prohibition shall not apply to the delivery of cannabis items and related supplies by a cannabis delivery service licensed and based in a municipality outside of the Township of Montville.

[Added 6-22-2021 by Ord. No. 2021-14]

§ 230-125 Requirements to be met on lot and within zone district; exceptions.

A. Unless otherwise provided herein, all yard, open spaces, vehicular access and off-street parking must be contained on the lot and within the zone district in which the use is located.

B. Shared parking.

(1) Adjacent lots in all commercial, industrial, or office zones may, in conjunction with securing site plan approval, enter into shared parking arrangements. Such shared parking shall be considered a permitted, accessory use in all commercial, industrial, or office zones. The integration, traffic flow plan for such shared parking shall be reviewed and approved by the relevant land use board and shall be memorialized in a permanent easement, which instrument shall be recorded with the relevant state or county recording agency.

(2) The relevant land use board shall apply the standards set forth herein for site plans and shall ensure that the shared parking arrangement makes adequate provision for ingress, egress, emergency access and circulation of traffic, as well as for adequate and safe pedestrian access and use. All uses on each site shall be considered when assessing the adequacy of such proposed parking arrangements. Any change in any such use shall require either site plan approval, or a waiver thereof.

(3) When two such adjacent lots employ such a shared parking arrangement, the yard, buffer and setback provisions of the zoning and land development provisions of this chapter otherwise applicable to such parking arrangements shall not apply to the common boundary.

C. Off-tract parking. It shall be a permitted, accessory use for any existing parking area, or any area proposed for construction or expansion, in any commercial, industrial, or office zone, to be used to satisfy the parking obligation on another lot, subject to the following provisions and subject to site plan approval secured from the appropriate land use board for both affected lots.

(1) The Board shall determine the number of spaces available for use on the proposed off-tract parking site.

(2) The Board shall review the application, consistent with the standards imposed by the land development and zoning provisions of this chapter and, specifically, the provisions of Article X, unless same are waived by the Board in accordance with the law;

(3) The Board shall impose reasonable conditions upon the use of such spaces, including but not limited to the imposition of valet parking arrangements;

(4) The Board shall review the easement agreement entered into between the property owners, which agreement shall contain such conditions as the Board may deem appropriate, including limitations on the use of the servient lot during such periods when the shared parking agreement will be in effect, which agreement shall be perpetual, and which agreement shall, as a condition of approval, be recorded with the appropriate state or county recording agency.

(5) Any violation of the terms and conditions of site plan approval, or of the easement agreement entered into in conjunction therewith, shall be punished/enforced through such methods as the Township shall deem appropriate, and shall be considered a violation of a municipal ordinance susceptible to prosecution in the Municipal Court.

§ 230-126 Reducing area or dimensions prohibited.

No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this Part 4. If already less than the minimum required under this Part 4, said area or dimension shall not be further reduced.

§ 230-127 Principal buildings.

[Amended 8-14-2012 by Ord. No. 2012-22]

A. In all zoning districts, except where otherwise permitted in this chapter, only one principal building may be erected on a lot except for related buildings forming one principal use in the same ownership and limited to the following:

(1) Public or institutional building complexes;

(2) Research, industrial, manufacturing, office, or retail shopping complexes;

(3) Multifamily dwelling complexes;

(4) Country clubs in the LR Zone District;

(5) Residential health care facilities in the R-27F Zone District.

[Added 8-13-2019 by Ord. No. 2019-25]

B. Unless otherwise regulated in this chapter, no principal building shall be located closer to another building than the height of the taller building.

C. On any residential lot, no principal building shall be located closer than 50 feet to any easement or right-of-way intended for power transmission lines, natural gas transmission line or similar major utility facility. Accessory structures which are attached to the principal building, including decks, porches, elevated patios, and like constructions, shall be exempt from this requirement, provided such structures are neither roofed nor enclosed.

[Amended 12-9-2014 by Ord. No. 2014-33]

D. In the TC1 and TC2 Districts, more than one principal building shall be permitted on a lot and shall be in compliance with § 230-141E through N of this chapter relating to wellhead protection.

[Amended 4-9-2019 by Ord. No. 2019-08]

E. More than one principal building shall be permitted on a lot in the PBR Zone District, which buildings shall be designed in accordance with Article XXX.

[Added 9-27-2016 by Ord. No. 2016-23]

F. More than one principal building shall be permitted on a lot in the PBO Overlay Zone District, which buildings shall be designed in accordance with Article XXXI.

[Added 9-27-2016 by Ord. No. 2016-24]

§ 230-128 Accessory structures.

[Amended 12-9-2014 by Ord. No. 2014-33; 2-22-2022 by Ord. No. 2022-06]

Structures which are accessory to a principal building or use shall be subject to the regulations of this section. Unless otherwise provided, these regulations shall apply to both accessory buildings and to accessory structures; provided, however, these regulations shall not apply to signs, swimming pools, tennis courts, private stables, communications antennas, fences and walls, outdoor storage, parking garages, home occupations, solar energy devices, green roofs, or electric vehicle supply/service equipment (EVSE), which are regulated elsewhere in this chapter, unless otherwise indicated.

A. Accessory structures in residential districts.

(1) No accessory structure shall exceed a height of 14 feet.

(2) An accessory structure shall be located at least 10 feet from a principal building situated on the same lot and shall be at least six feet from any other accessory structure.

(3) No accessory structure shall be located in a front yard.

(4) Accessory structures on corner lots and through lots may not be erected nearer to any secondary street than the required front yard setback for the zone district in which said lot is located.

(5) Accessory structures located in a side or rear yard shall be set back a minimum distance of 10 feet from side and rear lot lines, provided that accessory structures not exceeding 150 square feet in the R-15 Zone may be set back a minimum distance of five feet from side and rear lot lines.

(6) No accessory structure or combination of accessory structures shall cover more than 5% of the lot area.

(7) Accessory structures which are attached to the principal building, including decks, porches, elevated patios, and like constructions, shall comply in all respects with the requirements of this chapter applicable to the principal building, except as follows:

(a) Such structures shall be permitted to encroach a maximum of 25% into the required rear yard, provided the principal building meets the rear yard setback requirements, and further provided that such structures are neither roofed nor enclosed.

(b) Such structures shall be excluded from the calculation of building coverage, provided that such structures are neither roofed nor enclosed.

(c) Fifty percent of the gross area of such structures shall be excluded from the calculation of impervious coverage, provided that such structures are neither roofed nor enclosed, and further provided that such exclusions shall not be applied where there is a concrete or other impervious base underlying said structures.

(8) Twenty percent of the gross area of concrete pavers or stone pavers used for driveways, walkways or at-grade patios which serve single- or two-family residential dwellings shall be excluded from the calculation of impervious coverage, provided that such exclusions shall not be applied where there is a concrete or other impervious base underlying said pavers.

[Amended 7-19-2022 by Ord. No. 2022-22]

(a) When individual plot plans are submitted and the applicant elects to apply the paver reduction factor, the applicant shall be required to provide a table depicting the various impervious coverage components, including but not limited to buildings, accessory structures, driveways, walkways, patios, pools, etc., and any applicable reduction factors for each of the proposed impervious coverage components shall be identified as to their square footage and percentage of requested reduction.

(b) When individual plot plans are submitted and the applicant elects to apply the paver reduction factor, additional stormwater management measures may be required to be reviewed and approved by the reviewing engineer.

(9) No accessory structure shall be used as a dwelling unit for human habitation.

B. Accessory structures in nonresidential districts.

(1) Accessory structures shall not exceed 20 feet in height.

(2) An accessory structure shall not be located closer than 25 feet to another structure.

(3) Accessory structures shall meet the minimum yard requirements for principal buildings.

(4) Accessory uses and structures shall only be permitted to be located on a lot that contains a principal building.

C. Exclusive of height limitations, the provisions of this section shall not apply to:

(1) Mailboxes, flagpoles, lampposts, cooking grills and similar ornamental or utility fixtures;

(2) Service sidewalks and driveways to the dwelling, nor any other paving or at-grade patios, provided that such exclusions as set forth at § 230-128A(7) shall be permitted;

(3) Statues, monuments, flower boxes and similar ornamental or landscaping objects, provided that the same are located a distance of not less than the height of the object from any property line.

(4) Standby generators and transformers, provided that the same shall be set back from all property lines at least 1/2 the required setback of the principal building, shall not be located in a front yard, and shall be screened from view of adjacent properties.

§ 230-129 Affordable housing set-aside requirements.

[Added 12-9-2014 by Ord. No. 2014-33; amended 8-13-2019 by Ord. No. 2019-29]

A. Purpose. This section is intended to ensure that any site that benefits from a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Township or a Township land use board that results in five or more new multifamily or single-family attached dwelling units produces affordable housing at a set-aside rate of 20% for affordable for-sale units and at a set-aside rate of 15% for affordable rental units. This section shall apply except where inconsistent with applicable law.

B. Mandatory set-aside requirement.

(1) Any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, that is approved to contain five or more new dwelling units as a result of a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Township or a Township land use board shall be required to set aside a minimum percentage of units for affordable housing.

(2) For inclusionary projects in which the low and moderate units are to be offered for sale, the minimum set-aside percentage shall be 20%; for projects in which the low- and moderate-income units are to be offered for rent, the minimum set-aside percentage shall be 15%. Where the set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.

(3) Nothing in this section precludes the Township or a Township land use board from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this section consistent with N.J.S.A. 52:27D-311(h) and other applicable law.

(4) This requirement does not create any entitlement for a property owner or applicant for subdivision or site plan approval, a zoning amendment, use variance, or adoption of a redevelopment plan or rehabilitation plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.

(5) This requirement does not apply to any sites or specific zones for which higher set-aside standards have been or will be established, either by zoning, subdivision or site plan approval, or an adopted redevelopment plan or rehabilitation plan.

(6) If the Township's Settlement Agreement with Fair Share Housing Center ("FSHC") dated December 21, 2018, or the Township's 2019 Housing Element and Fair Share Plan, establishes set-aside standards for any specific sites or zones which are different from the set-aside standards set forth in this section, the set-asides established for those sites or zones in the Settlement Agreement or Housing Element and Fair Share Plan shall govern.

(7) Furthermore, this requirement shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings by five or more.

(8) Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.

(9) All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.

(10) All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Chapter 73 of the Township Code and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time, and any applicable order of the Court, including a judgment of compliance and repose order.

§ 230-130 Yard requirements; corner lots and through lots; buildable area.

[Amended 12-9-2014 by Ord. No. 2014-33]

A. Yard requirements. Every lot must provide front, rear and side yards as required by its zone district. All front yards must face upon a dedicated public street or a private street approved by the Planning Board. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet. If a width greater than fifty 50 feet is shown on an adopted Master Plan or Official Map, the required front yard shall be increased by 1/2 the difference between the width of the street and said greater width. The provisions of this section shall not apply in residential districts if an established building line has been formed as follows:

(1) If buildings have been erected within 75 feet and on both sides of a lot the property in question, and one or both of the front yards are less than that required by this chapter, the minimum front yard for a new building on said property shall be the average of the front yards on the adjoining lots and the minimum front yard required by this chapter; provided, however, that no front yard shall be decreased by more than 20% of the minimum front yard required by this chapter.

(2) If a building has been erected within 75 feet and on only one side of the property in question, and the front yard is less than that required by this chapter, the minimum front yard for a new building on said property shall be the average of the front yard on the adjoining lot and the minimum front yard required by this chapter; provided, however, that no front yard shall be decreased by more than 20% of the minimum front yard required by this chapter.

B. Corner lots. The following requirements shall apply to all corner lots, as defined herein:

(1) On corner lots, all yards abutting any street shall be construed as front yards and shall be subject to the front yard setback requirement of the district in which the lot is located. This requirement shall not apply to a yard adjoining a limited access highway, which shall be considered a side yard for the purpose of determining setbacks.

(2) One rear yard shall be required opposite a front yard. The rear yard shall be identified as that which is opposite the site's narrower front width, regardless of the location of driveways, front doors or front facades. All other yards, if applicable, shall be considered side yards.

(3) No fence, structure, planting or shrubbery over 30 inches above the curb or edge of the roadway or lower than eight feet above the center-line grade of either intersecting street, shall be erected or maintained on any corner lot within the sight triangle easement required per § 230-58Q.

C. Through lots. The following requirements shall apply to all through lots, as defined herein:

(1) The minimum front yard setback requirements shall apply to both streets on which a through lot fronts. This requirement shall not apply to a yard adjoining a limited access highway, which shall be considered a rear yard for the purpose of determining setbacks. The determination of a building's orientation to the street shall take into consideration the surrounding development pattern and the orientation that would best complement the existing neighborhood character and fabric. Where neither street has a uniform development pattern, the determination of the building's orientation shall be at the discretion of the developer.

(2) The placement of accessory structures shall be limited to the sides and rear of the building. The rear of the building shall be construed as that portion of the building opposite and most distant from the building's street orientation, as established under Subsection C(1) above.

(3) In the case of residential through lots, the area to the rear of the dwelling, as established under Subsection C(1) above, shall be buffered from the abutting street by a landscaped buffer not less than 20 feet in width. For lots backing up on arterial streets or highways, the landscaped buffer shall not be less than 20 feet in width. Said buffer area shall be used for no purpose other than landscaping, underground utilities or for any required sidewalk.

D. Extensions into yards. Unless otherwise permitted per § 230-128, no part of any building shall extend beyond the foundation into any required yard, except as follows:

(1) Roof overhangs, bay or bow windows, and chimneys may project a maximum distance of two feet beyond the foundation into any required yard.

(2) Steps attached to an entryway may be permitted in any required yard, provided that such steps shall be minimally set back at least six feet from any lot line, and further provided that such steps are neither roofed nor enclosed.

(3) Nothing in this provision shall be read to restrict the right to provide ramps and other reasonable means of access for the handicapped consistent with the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.

E. Buildable area. No lot shall hereafter be created unless within the building envelope, but outside any conservation easement, there exists a rectangular area of at least 5,000 square feet with a minimum dimension of 50 feet in length or width, within which area the following criteria shall be met:

(1) At least 75% of said area shall consist of existing grades of 15% or less.

(2) A maximum of 25% of said area may consist of existing grades which exceed 15%, provided that such grades do not exceed 25%.

(3) There shall be no freshwater wetland area nor associated transition area except for transition area being eliminated according to an approved transition area averaging plan.

§ 230-131 Exceptions to height requirements.

The height provisions of Part 4 shall not apply to the erection of church spires, belfries, towers designed exclusively for ornamental purposes, chimneys, flues or similar appurtenances not exceeding the height limit by more than 10 feet. The height provisions of Part 4 shall, moreover, not apply to bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located, and further provided that such structures do not exceed the height limit by more than 10 feet. Nothing in Part 4 shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.

§ 230-132 Traffic visibility on corner lots.

No fence, structure, planting or other sight obstruction over 30 inches in height or exceeding the sight line elevation shall be erected or maintained on a corner lot within the sight triangle required per § 230-58Q.

§ 230-133 Temporary permits for temporary structures.

Transportable or wheel-based structures or other temporary structures used for sales, office, storage, or other purpose incidental to and in connection with a permitted construction project may be placed on a construction site. In order to ensure that the location, placement and site conditions relating to such structures will not adversely impact any adjoining property or any adjoining street, nor create any adverse environmental condition, no permit for such structure shall be issued without the approval of the Planning Board or the Subdivision and Site Plan Committee. The location, placement and relevant site conditions, including parking, landscaping, screening, fencing, lighting and the like, shall be shown on or submitted as part of the preliminary subdivision or site plan. In reviewing a proposal for any such structure, the Planning Board or the Subdivision and Site Plan Committee shall consider the location and amount of parking, vehicular and pedestrian traffic circulation, dust and erosion control, drainage, screening, landscaping, lighting and other relevant matters. Any such structure shall be removed from the site prior to the issuance of the last certificate of occupancy for the permitted construction project or building. Temporary storage containers, as defined in § 230-54, shall be permitted only as provided and regulated by § 230-156C herein.

§ 230-134 Commercial vehicles in residential districts.

A. On any residential lot, no person shall park, store or maintain any commercially operated vehicle without first obtaining a parking permit for each permitted vehicle. However, any commercially operated vehicle in connection with construction on the site for which a construction permit has been issued or which is otherwise permitted by Township ordinances shall not be required to obtain a parking permit.

[Amended 3-9-2021 by Ord. No. 2021-03]

B. Parking permits shall be issued in accordance with the following standards:

[Amended 3-9-2021 by Ord. No. 2021-03]

(1) Any commercial vehicle, regardless of registry, other than a pickup truck or regulation van, totally or partially used in a commercial capacity, as defined herein, shall require a permit.

(2) Any pickup truck or regulation van, regardless of registry, equipped with commercial and/or industrial racks, permanent structural alterations and/or advertising, consistent with a commercial vehicle usage as defined herein, shall require a permit. A pickup truck or regulation van, regardless of registry, not meeting the commercial vehicle definition contained herein shall be exempt from the permit requirement.

(3) One permit will be issued per residential lot up to three acres.

(4) One additional permit may be issued per each acre over three acres upon proper application and compliance with all requirements.

(5) In the event that the acreage is reduced after a permit has been issued, the permit will be voided and a new application must be submitted.

(6) All vehicles meeting the definitions contained herein must be garaged or screened from view of neighboring properties. Screening must be approved by the Zoning Officer.

(7) All vehicles meeting the definitions contained herein must be owned or used by a resident of the premises.

(8) No vehicle meeting the definitions contained herein shall exceed a gross weight of 10,000 pounds or 25 feet in length, nor shall any such vehicle, equipment or machinery exceed a total height of nine feet.

(9) Permits will be renewed on a yearly basis and conditions reviewed to determine compliance with this section.

(10) Falsification of any question on the application will result in an immediate denial of the request or revocation if the permit has been issued.

(11) Issuance of a permit requires strict compliance with any restrictions set by the Zoning Officer. Any deviation from such restrictions will subject the applicant to revocation of the permit.

C. Any person desiring a parking permit shall apply to the Zoning Officer. The Zoning Officer shall take action upon the application within 21 days after it is filed.

D. There shall be a fee as set forth in Chapter 169, Fee Schedule, per application to cover administrative costs.

E. A parking permit shall not constitute permission for the applicant to conduct a business in a residential zone, and all applicable provisions of this chapter shall apply.

F. This section shall be enforced by the Zoning Officer who shall be assisted by a member of the Police Department, assigned by the Chief of Police and known as the "Commercial Vehicle Ordinance Officer." It shall be the duty of the Commercial Vehicle Ordinance Officer to assist the Zoning Officer by making inspections, issuing summonses and bringing potential violations to the attention of the Zoning Officer.

G. The provisions of this section shall not be deemed to apply to the parking, storing or maintenance of vehicles, equipment or machinery used in connection with a farm.

§ 230-135 Lot grading and soil removal.

A. Lot grading.

(1) Prior to the issuance of any building permit for a new or extended building or dwelling unit, including a building permit for an in-ground swimming pool or outdoor tennis courts, and prior to the disturbance of more than 5,000 square feet of the surface area of any lot, or the alteration of any contours of a lot which creates verifiable, adverse drainage impacts to adjoining property where a building permit is not required, and prior to the construction of a driveway exceeding 100 feet in length or located within 10 feet of an adjoining property, a lot grading plan prepared by a licensed professional engineer or registered architect shall be submitted to the Zoning Officer and reviewed and approved by the Township Engineer. The lot grading plan shall be in triplicate and shall contain all data and information and shall meet all the requirements listed in a lot grading specifications checklist on file in the Township Building Department. The requirement for a lot grading plan may be waived, in writing, by the Township Engineer if, in his/her opinion, the proposed installation or land disturbance will not present any risks or problems of soil erosion, drainage or other hazards.

(2) Grading plans for subdivisions and site plans which have received preliminary approval from the Planning Board, and which contain sufficient detail as determined by the Township Engineer, may be utilized by an applicant and conditioned upon the applicant certifying, in writing, that all improvements shall be installed identical to that shown on the approved preliminary subdivision or site plan.

(3) The requirements and standards for lot grading plans are set forth in § 230-71.

(4) A minor lot grading plan for land disturbance of less than 5,000 square feet of surface area, or for land disturbances not requiring a grading plan, or for construction of a retaining wall under four feet in height, may be required at the discretion of the Township Engineer if determined that the location, existing grade or other circumstances related to the area to be disturbed are a cause of concern that will require analysis by the Township Engineer. The minor grading plan may be prepared by the property owner or contractor in the employ of the property owner, if said plan is deemed acceptable by the Township Engineer, and no work shall begin until the plan is approved by the Township Engineer. The proposed work shall be shown on the plan in sufficient detail as to clearly depict the improvements to be constructed along with a clear delineation of the limits of proposed land disturbance and soil erosion and sediment control measures.

B. Soil removal. No soil removal operation shall be conducted unless a permit for same has been obtained in accordance with the Chapter 308, Soil Movement. In addition, no soil shall be removed in excess of an amount necessary to reasonably develop a property for a use permitted by Part 4.

§ 230-136 Recreational vehicles and equipment.

The outdoor storage or parking in the open in residential districts of recreational vehicles, boats and trailers of any kind is only permitted subject to the following conditions:

A. Any such vehicle or piece of equipment shall be owned or leased by a resident of the premises.

B. Any such vehicle or piece of equipment shall be located in a side or rear yard only, but in no event in a side yard adjoining a street.

C. Any such vehicle or piece of equipment shall be located so as to meet yard and setback requirements applicable to accessory buildings.

D. No such vehicle or equipment shall preempt any required off-street parking space nor interfere with access to that space.

E. Any such vehicle or piece of equipment shall be screened from view from an adjoining property or street by fencing or dense evergreen planting, except where existing natural screening exists or where topographic conditions would render such screening ineffective as determined by the Zoning Officer.

F. No such vehicle shall have overall dimensions exceeding 20 feet in length, eight feet in width and eight feet in height.

G. No vehicle or equipment regulated herein shall be used as a dwelling, place of abode or sleeping place.

H. In no event shall unhitched trailers used for storage be permitted in residential districts, unless said trailer meets the definition of a temporary storage container, as defined in § 230-54, which shall be permitted only as provided and regulated by § 230-156C herein.

§ 230-137 Public utilities.

Nothing in Part 4 shall be interpreted as prohibiting public utility distribution facilities, such as water distribution lines, sanitary sewer and telephone and electric distribution lines, along with related attendant facilities, intended for local service, which utility systems are permitted in all zone districts when approved by the appropriate serving utility agency.

§ 230-138 Rezoning requests.

A request for rezoning or amendment to any zoning regulation(s) shall be in writing to the Township Committee on forms available from the Land Use Administrator and shall be accompanied by a fee and escrow deposit as provided in Part 1 of this chapter. The Township Committee shall review the request and if it finds that the request has merit, it shall refer same to the Planning Board for a report and recommendation.

§ 230-139 Aircraft facilities.

Unless otherwise provided in this chapter, facilities for the landing and taking off of aircraft of any kind are prohibited.

§ 230-140 Residential cluster development.

A. Any subdivision employing the use of residential cluster as defined in § 230-54 shall adhere to the following standards:

(1) The maximum number of building lots which may be permitted under an approved cluster development plan shall be determined by the number of lots that would be obtained by the conventional subdivision of the tract into regulation lots. The applicant shall establish such density by submitting a qualifying plan, which plan shall depict a conventional nonclustered development. The conventional subdivision plan shall in all respects conform to this chapter as determined by the Planning Board and to all applicable federal, state and county regulations with the exception of the Residential Site Improvement Standards (RSIS),[1] which shall not be employed in designing the qualifying plan. It shall contain all the necessary mapped information required for the submission of a preliminary subdivision, except that the detailed engineering designs of road cross sections and water, sewer and stormwater utilities may be omitted. Certain designs may be required to affirm compliance with the ordinances, such as preliminary detention basin sizing and grading, road and driveway profiles and lot grading. In addition, the applicant shall demonstrate to the satisfaction of the Planning Board and its professional staff that the proposed qualifying layout represents a feasible and appropriate development of the property and that it is an approvable, buildable and reasonable layout.

[1] Editor's Note: See N.J.A.C. 5:21.

(2) The open space area shall be equal to or greater than the same percentage of the total subdivision tract area that the lot areas have been reduced from the area requirements.

(3) Any area reserved as permanent open space shall be suitable for its intended purpose and shall be at a location and of a shape as approved by the Planning Board.

(4) The open space area shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes:

(a) Undeveloped open space.

(b) Public or private recreation facilities.

(c) School grounds, including but not limited to the following purposes: undeveloped open space, recreational areas, environmental study areas and areas to improve access to a school site; provided, however, that the area dedicated shall not be utilized for the purpose of school construction.

(d) Conservation of environmentally sensitive features, including but not limited to steep slopes, wetlands, floodplains and wooded areas.

(5) Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owners' association or other appropriate organization pursuant to Subsection B below.

(6) No single area to be dedicated for public purposes shall be less than seven acres, unless the area is to be joined to an existing parcel of public property or unless a smaller area is shown on the Master Plan or unless, due to unusual circumstances, the area would serve an important public function or the general welfare of the Township or otherwise promote the sound planning objective of the Township as reflected in the Master Plan.

B. Open space organization for residential cluster development.

(1) In the case of a residential cluster, the developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, unless said open space is to be dedicated to the Township.

(2) Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township.

(3) In the event that such organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 35 days or any permitted extension thereof, the governing body, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development to be held by the governing body, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.

(4) The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

C. Nothing contained herein shall be construed to require the Planning Board to approve any subdivision employing clustering if said subdivision is in conflict with any provision of the Montville Township Master Plan or if said subdivision will in any way result in a land use pattern that will adversely affect that portion of the Township in which it falls.

D. Residential clustering is optional with the subdivider, and the foregoing requirements apply only if such option is exercised.

E. The deed for any lot created under residential cluster development shall reflect that fact and shall reference the recorded final plat under which the lot was established.

§ 230-141 Development standards in Critical Water Resources (CWR) Overlay Districts.

The following development standards shall apply in the Critical Water Resources (CWR) Overlay Districts:

A. There shall be no underground fuel storage.

B. Except for septic systems as permitted by law, there shall be no filling in of low land areas for building construction. This provision shall not be deemed to prohibit the filling of land for lot grading purposes when approved as part of a lot grading plan or development application under established lot grading requirements.

C. In the Prime Aquifer/aquifer proper area, new commercial and individual private residential wells are prohibited. In the Restricted Area/aquifer recharge basin (area between the Prime Aquifer and the aquifer recharge basin boundary), only individual private residential wells are allowed.

D. No soil removal operations shall be permitted where soil is to be removed within four feet of the seasonal high water table. Prior to the issuance of a permit for any soil-removal operation, the depth to the seasonal high water table shall be confirmed by subsurface explorations, such as soil surface borings and test pits and by test borings taken at a time of the year approved by the Township Engineer.

E. In the event that new public water supply wells are installed in locations outside the boundaries of the CWR, a new wellhead protection area must be established for each new well. Subsequently, all of the regulations detailed in this subsection, as well as Subsections F through N below, are to be applied to the new wellhead protection area.

F. All major development, as defined in § 230-54, within the CWR must demonstrate conformance with the Township's enhanced stormwater management requirements pertaining to groundwater recharge and runoff water quality, as described in § 230-111 of this chapter, in order to eliminate the potential for degrading or contaminating the surface water and groundwater within the CWR.

G. A detailed hydrogeologic investigation shall be required for any new major development or redevelopment within the CWR. The hydrogeological investigation should include site-specific discussions, including:

(1) Introduction and background information (description, relation to contaminated sites, etc.).

(2) Water well records, if available.

(3) Field investigations (as applicable: test wells, pump tests, etc.).

(4) Water supply needs.

(5) General geology/hydrogeology.

(6) Groundwater flow directions and gradients.

H. The following high-risk uses that are potential major sources of groundwater contamination are prohibited in both of the designated areas of the CWR:

(1) Building materials and contractor's yards.

(2) Cemeteries.

(3) Commercial fuel oil distributor.

(4) Commercial livestock operations.

(5) Dumps and open burning sites/pits.

(6) Junk or salvage yards.

(7) Land application of wastewater and/or sludge.

(8) Machine shops.

(9) Metal plating establishments.

(10) Motor vehicle sales (new and used).

(11) Motor vehicle service stations.

(12) Bulk storage operations involving liquids, hazardous substances or wastes, or petroleum products (excluding residential/commercial heating oil storage) in excess of de minimis quantities as defined by N.J.S.A. 13:1D-1 et seq., N.J.S.A. 13:1K-6 et seq. (Industrial Site Recovery Act), N.J.S.A. 58:10B-1 et seq., and N.J.S.A. 58:10-23.11a et seq. (or most current).

(13) Recycling center.

(14) Sanitary landfill or solid waste transfer facility.

(15) Non-single-family sewage treatment/disposal pond.

(16) Radioactive materials operations or disposal.

(17) Quarries and mining operations.

(18) Unenclosed road salt stockpiles.

(19) Oil and hazardous substance pipelines.

[Added 4-25-2017 by Ord. No. 2017-16]

I. Any high-risk use located within the CWR in existence prior to August 14, 2007, shall be exempted from compliance with the requirements of Subsections E through N of this section.

J. Any material change or expansion of an existing high-risk use or property that would, in the opinion of the applicable Township official, result in a major soil removal permit, minor site plan, major site plan, major subdivision application to the Planning Board, or otherwise meet the definition of a major development would require full compliance with the ordinance contents. Specifically excluded are those activities that are described in and governed by § 230-143, Right to farm, of this chapter.

K. The owner/operator of any new commercial and industrial uses within the CWR shall submit his or her spill prevention control and countermeasure (SPCC) plans and any other written emergency procedures to the Township, upon request.

L. The owner/operator of any new commercial and industrial uses within the CWR shall submit to the Board of Health and Township Engineer the following information and reports:

(1) Copies of all federal, state and county operational applications, approvals and permits, and reports and monitoring results that are related to environmental, pollution control, hazardous substance, hazardous waste and drinking water rules and regulations at the time of submittal to the federal, state and county authorities.

(2) Copies of all notices, reports and documents that are filed with federal, state and county authorities in the event of any release of a hazardous substance or contamination, at the time of filing.

(3) Copies of all notices, orders, rules, decisions, recommendations, enforcement actions or similar documentation at the time of receipt by or on behalf of the owner/operator from any federal, state of county authorities in connection with enforcement of environmental, pollution control, hazardous substance, hazardous waste and drinking water rules and regulations.

M. All garbage dumpsters for residential, commercial or industrial land uses within the Critical Water Resources District shall be operated in an environmentally safe manner, including but not limited to the use of watertight lids, covered, regularly emptied dumpsters, no outdoor storage of solid waste, etc.

N. All new dumpster locations or relocations should be located as distant from stormwater collection facilities as practicable. In no case shall dumpster enclosures be located immediately upstream of any inlet, catch basin or vegetated swale.

§ 230-142 Performance standards for nonresidential uses.

A. Before the issuance of any building permit or certificate of occupancy for a nonresidential use, all of the following regulations must be complied with:

(1) Noise. See Table II in the Township Noise Ordinance.[1]

[1] Editor's Note: Table II, Maximum Permissible Octave Band Sound Pressure Levels in Decibels, is included at the end of Ch. 255, Noise.

(2) Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the National Fire Protection Association or Factory Insurance Association or Township Building Code or Fire Prevention Code, whichever one is more restrictive. All operations shall be carried on, and combustible raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of said National Fire Protection Association or Factory Insurance Association.

(3) Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be readily detectable without instruments. Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright 1951, by the Manufacturing Chemists Association, Inc., Washington, D.C., or the latest approved revision thereof, shall be utilized as a guide in determining such quantities of offensive odors.

(4) Smoke, dust, gases and other forms of air pollution. There shall be no emission of smoke, dust, gases or other forms of air pollution which would in any way violate the New Jersey Air Pollution Control laws or the New Jersey Air Pollution Control Code. (See N.J.A.C. 7:27-1.1 et seq. and N.J.S.A. 26:2C-1 et seq.)

(5) Liquid and solid wastes. There shall be no discharge at any point of treated or untreated sewage or industrial waste into any stream, lake, reservoir or into the ground of any material which may contaminate the water supply or endanger human health and welfare. No industrial waste shall be discharged into any system, nor shall any wastes be discharged into the public sewer system, which are dangerous to the public health and safety. All methods of sewage and industrial waste treatment and disposal shall be approved, as applicable, by the New Jersey Department of Environmental Protection, the Township Board of Health and the Water and Sewer Department. All methods of treatment and disposal shall comply with the requirements of these agencies.

(6) Radioactivity. No activities shall be permitted which cause radioactivity in violation of 10 CFR 1.20, entitled "Standards for Protection Against Radiation," dated June 16, 1957, or any subsequent revision or amendment thereto.

(7) Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate side on which such use is conducted.

(8) Glare and heat. No operation will be conducted which will produce heat or direct or sky-reflected glare beyond the property line of the lot on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on public highways and neighboring property.

(9) Utilities. All telephone and electric service on the property shall be by underground conduit.

B. Procedure for building permits and certificates of occupancy.

(1) If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards, the Planning Board shall request a deposit of $1,000 to be submitted with the application, which will be used to defray the cost of the special reports required to process it. The Planning Board shall refer the application for investigation and report to one or more expert consultants selected by the Board as qualified to advise on conformance with the required performance standards. Such consultant or consultants shall make their report within 45 days after his or their receipt of such application. A copy of such report shall be promptly furnished to the applicant. At the next regular meeting of the Board or within 30 days of receipt of the consultant's report, whichever comes sooner, the Board shall render a decision in the form of a written report regarding said application. Any permit authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations in operation conforming to the applicable performance standards and the applicant's paying fees in excess of $1,000, if needed, to cover the expert's above-mentioned reports. All moneys not used to pay for the services of the expert consultant or consultants deemed reasonable and necessary by the Board for advice shall be returned to the applicant at the time the Board renders the written decision.

(2) The Zoning Officer shall investigate any alleged violation of the performance standards, and, if there are reasonable grounds to believe that a violation exists, he/she shall notify the governing body. The governing body shall investigate the alleged violation and for such investigation may employ qualified experts. If the experts find that such a violation exists, the costs of the expert's service shall be paid by the violator. If there was no violation, the Township shall pay said costs.

§ 230-143 Right to farm.

[Amended 12-9-2014 by Ord. No. 2014-33; 3-9-2021 by Ord. No. 2021-03]

A. Purpose. The purpose of this section is to encourage the continuation and expansion of commercial and home agricultural pursuits by continuing a positive agricultural business climate and protecting the farmer against unjustified private nuisance suits, where recognized methods and techniques of agricultural production are applied and are consistent with relevant federal and state law and nonthreatening to the public health and safety; at the same time, this section acknowledges the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey. This section is not intended to, in whole or in part, supersede any other ordinance of the Township of Montville. The retention of agricultural activities is desirable to all citizens in Morris County because it ensures numerous social, environmental and economic benefits, including the preservation of open space, atmospheric habitat, the preservation of land as a nonreplenishable resource and as a source for agricultural products for this and future generations, and the protection and maintenance of the aesthetic beauty of the countryside and rural character of the community which includes farm and architecture and scenic variety.

B. Right to farm. Farms, as defined herein, shall be permitted in any zone, and it shall be presumed that such uses, agricultural activities and structures in connection therewith shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with the acceptable agricultural management practices defined herein.

C. Permitted uses. All uses and structures customarily incidental to farms and agricultural activities shall be permitted accessory uses on all farms, as defined herein, including, but not limited to:

(1) The storage, processing and sale of farm products where produced.

(2) The use of irrigation pumps and equipment.

(3) The application of manure, chemical fertilizers, insecticides, pesticides and herbicides.

(4) On-site disposal of organic agricultural waste.

(5) Installation of soil and water conservation practices in accordance with a Conservation Plan approved by the Morris County Soil Conservation District.

(6) Transportation of slow-moving equipment over roads within the municipality.

(7) Utilization of tractors and other necessary equipment.

(8) The employment of farm laborers.

(9) The creation of noise, dust, odors and fumes inherently associated with such uses.

(10) The conducting of farm practices at any and all times when necessary.

(11) Recreational use (snowmobiling, off-highway vehicle use, hunting, etc.) as permitted by the farm owner, with the provision that any recreational use of farm land that changes the underlying agricultural nature of the land shall be subject to the usual site plan review, variance application and all permits where otherwise required.

(12) Provisions for the wholesale and retail marketing of the agricultural output of the farm which include the building of temporary and permanent structures, signage and parking areas for said purpose which all must conform with applicable provisions of this chapter, including requirements for accessory structures as set forth in § 230-128, and design standards for site plans as set forth in Part 2 of this chapter. Notwithstanding any requirements herein to the contrary, the following provisions shall also apply to all farm markets/farm stands:

(a) Parking areas for farm markets/farm stands may be graveled so as to reduce impervious coverage. Additional temporary or seasonal parking may be provided on maintained, grassed areas.

(b) Farm markets/farm stands shall be permitted to be located in a front yard, provided that said structures meet the minimum front yard setback for the zone district in which it is located, and further provided that said structures meet the minimum side and rear yard setbacks set forth for accessory structures in § 230-128A(5).

(13) The raising and keeping of farm animals in accordance with § 230-161.2, Keeping of animals.

(14) The raising and keeping of swine shall be prohibited, except as permitted pursuant to Chapter 438, Swine, of the Township Code.

D. Notice of farm use.

(1) For the purpose of giving due notice of the within farm rights to new residents of the municipality, the Planning Board shall require an applicant for every major and minor subdivision, as a condition of approval of such application, to provide every purchaser of a lot within said subdivision with a copy of the ordinance codified in this section; and

(2) Whenever a new major or minor subdivision abuts a farm, as defined herein, or a new major or minor subdivision contains space which was not owned by individual homeowners or a homeowners' association, and said space is at least five acres in size, then the following language shall be inserted in the deed of all lots:

Grantee is hereby noticed that there is presently, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust, and fumes associated with agricultural practices permitted under the "Right to Farm" section of the Municipal Zoning Regulations.

§ 230-143.1 Regulation of slopes.

[Added 3-9-2021 by Ord. No. 2021-03]

It is the purpose of this section to protect the health, safety and welfare of people and property within the Township of Montville from improper construction, building and development on steep slope areas, and more particularly, but without limitation, to reduce the hazards which exist with development in steep slope areas by reason of erosion, siltation, flooding, soil slippage, surface water runoff, pollution of potable water supplies from nonpoint sources, destruction of unique and scenic vistas. It is a further purpose of this section to encourage appropriate planning, design and development sites within steep slope areas which preserve and maximize the best use of the natural terrain, and maintain ridgelines and skylines intact. To meet the purpose of this section, all subdivisions, site plans, lot grading plans, and other development plans shall be required to meet the following requirements.

A. The applicant shall prepare a slope map based on two-foot contour intervals which delineates by category the following slope classes:

(1) Slope categories:

(a) 0% to 14.9%;

(b) 15% to 19.9%;

(c) 20% to 24.9%;

(d) 25% or greater.

(2) The slope map shall include a calculation of the area of proposed disturbance within all existing and/or proposed lots, as well as within any proposed road right-of-way.

B. Disturbance for development, regrading, and/or stripping of vegetation shall be permitted within the various categories of slope classes to the extent specified below:

Slope Categories	Maximum Disturbance
0% to 14.9%	None
15% to 19.9%	50%
20% to 24.9%	33.3%
25% or greater	0%

(1) The reviewing board, when acting on a development application, and the Township Engineer, when acting on a grading permit, shall have the discretion to waive the maximum disturbance limitations set forth above, provided the proposed disturbance does not exceed such limitations by 25% or 100 square feet, whichever is smaller. Such disturbance may be permitted if it can be determined that the disturbance of the critical slope area is consistent with sound planning and promotes the goals and objectives of the Township's Master Plan; would not substantially impair the purposes of the Township's Zoning and Land Use Ordinances; and would otherwise result in practical difficulties for the applicant. Where it is determined that such pocket or pockets are proximate to other steep slope areas and collectively are of such size to constitute a significant and substantially contiguous area, the Board and/or Township Engineer may determine that the area is subject to the requirements of this section.

C. No land disturbance or construction activity shall be undertaken within any area with slopes exceeding 14.9% unless the developer has first secured a grading permit from the Township Engineer pursuant to § 230-71, Grading plan. Whenever disturbance is proposed in areas with slopes exceeding 14.9%, a detailed grading plan and architectural plans shall be submitted. The plans shall be designed to ensure that drainage and/or erosion problems will not result from the proposed developments. The architecture of all buildings shall be designed to follow the natural topography to the greatest extent possible in order to minimize disturbance of steep slopes.

D. Whenever any variance or grading permit is sought for any addition to or modification of an existing single-family dwelling, and/or the lot on which it is located, the Board of Adjustment, when acting on a variance, and the Township Engineer, when acting on a grading permit, may waive the requirements of Subsection A of this section to the extent they are applicable when it is reasonably clear that there exist no on-site slopes in excess of 14.9%, or that any slopes in excess of 14.9% are remote from the areas of proposed development and/or disturbance.

E. The Township Engineer may, at his/ her discretion, waive the requirements of this section for slopes that have been previously altered from their natural state through construction performed under an approved permit, lot grading plan, or altered prior to the adoption of controlling legislation.

§ 230-143.2 Buffer requirements.

[Added 3-9-2021 by Ord. No. 2021-03]

A. When required. Unless specifically regulated otherwise by this chapter, a buffer shall be provided wherever a nonresidential zone district abuts any of the "R" residential zone districts along a side or rear lot line.

B. Location. The buffer area shall be located in the nonresidential zone district and shall be adjacent to the "R" residential zone district boundary.

C. Buffer depths. The minimum depth of the buffer adjacent to the "R" residential zone district required by § 230-143.2A shall be as set forth in the following table. The buffer depth shall be measured from and perpendicular to the property line shared with the "R" residential zone district.

Zone District	Minimum Buffer Depth From Side Lot Line (feet)	Minimum Buffer Depth from Rear Lot Line (feet)
B-1	5	15
B-2, B-3, OB-1, OB-1A	10	25
B-4, OB-2A, OB-4, I-2, I-2A	12	25
B-5, OB-3, OB-5, I-1A, I-1B	25	25

D. Buffer design. All buffers required by § 230-143.2A shall be designed as follows:

(1) The buffer area shall be used only as a buffer planting strip on which shall be placed evergreen trees, shrubbery, berms, hedges, fencing and/or other suitable elements sufficient to constitute an effective screen. Buffers shall provide a year-round visual screen to the extent feasible.

(2) No building or impervious surface shall be permitted within the buffer area. Grading and earthwork shall not be permitted within the buffer area except to enhance the integrity of the buffer, such as the creation or supplementing of earthen berms, and to enhance stormwater infiltration within the buffer area. Existing vegetation should be preserved in the buffer area where practical.

(3) Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material that does not live shall be replaced within one year or one growing season, provided all landscape plans as approved shall be continually complied with.

(4) Notwithstanding the foregoing, reasonable areas for easements for utilities, storm drainage pipes or other such infrastructure necessary for the development may be waived, provided that there is no reasonable alternative to locating such utilities, pipes or infrastructure within the buffer area, all as determined by the Planning Board or Board of Adjustment.

(5) Fences or walls that constitute an effective screen shall be permitted within the required buffer area.

§ 230-143.3 Special permits.

[Added 3-9-2021 by Ord. No. 2021-03]

A. Temporary tent or parking lot sales. The Zoning Officer may issue a special permit for a temporary tent or parking lot sale subject to the following conditions:

[Amended 5-10-2022 by Ord. No. 2022-15]

(1) Temporary tent or parking lot sales means any temporary or interim activities conducted on retail properties for the purpose of promoting seasonal sales and special events, which may be conducted under a weather-protected canopy or open air. Parking lot sales shall include car washes, information fairs and other nonprofit and charity events, as well as commercial events. Sales of food, beverages, and alcoholic beverages are excluded from the definition of temporary tent or parking lot sales and are required to acquire a mobile retail food establishment permit pursuant to Subsection B of this section.

(2) Any person, entity, organization or business seeking to conduct a temporary tent or parking lot sale in the Township of Montville shall first complete an application and obtain a zoning permit from the Zoning Officer. A fee of $150 per tent or parking lot sale shall be remitted with the application.

(3) Applications for a special permit shall be made to the Zoning Officer and shall be signed by the applicant. The application shall contain the following information:

(a) Name, address, phone number and email address of person, entity, organization or business making the application.

(b) Name, address, phone number and email address of person owning the premises, if other than the applicant, and notarized consent of the owner of the premises to the tent or parking lot sale application.

(c) Dates and hours of tent or parking lot sale, including start and end dates.

(d) Name, address, phone number and email address of the tent company, size of the tent to be used, and flame retardant certification, when applicable.

(e) Sketch on an accurate site survey indicating the proposed location of the tent on the property. Tent or parking lot sales shall only be permitted within parking lots where the principal use on the property has available parking in excess of the number of parking spaces required pursuant to Chapter 230, Schedule E, Off-Street Parking Requirements.[1] Should the plan not comply with established parking requirements, applications shall be rejected. Applicants may thereafter apply to the Planning Board and/or Board of Adjustment for a site plan amendment.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

(f) Statement as to how the applicant proposes to provide adequate sanitary facilities and adequate provision for garbage/recycling collection.

(g) A signage plan.

(h) Proof of comprehensive general liability insurance in an amount of at least $1,000,000.

(4) Upon submission of a complete application, the Zoning Officer shall forward the application to the Montville Police Department as to traffic safety as it relates to the placement of any temporary structure and to the Fire Official for compliance with the Uniform Fire Code.

(5) If approved, applicants must enter into a hold harmless agreement with the Township indemnifying the Township, its elected officials, officers, directors and employees from any and all claims, damages, judgment costs or expenses, including attorney fees, which they or any of them may incur or be required to pay because of any personal injury, death, or any property damage suffered by any person(s) as the result of or related in any way to the operation and maintenance of the sidewalk, tent or parking lot sale for which the permit is issued. Such agreement shall be in a form approved by the Township Attorney or his/her designee.

(6) The number of tent and/or parking lot sales permitted at any one property shall be limited to two per calendar year.

(7) The duration of each tent and/or parking lot sale shall be limited to a maximum of 30 days per calendar year. The thirty-day period shall be inclusive of any time for setup and dismantling/removal of any temporary structures prior to the commencement and at the end of any such sale.

(8) Tent and/or parking lot sales may operate from dawn until dusk or during the regular business hours of the principal use of the property, whichever timeframe is more restrictive.

(9) Tent and/or parking lot sales shall be permitted in all nonresidential zones and on lots containing a permitted nonresidential use within a residential zone, provided the following criteria are met:

(a) Tent and/or parking lot sales shall not be located within 100 feet of a lot developed with a residential use.

(b) Tent and/or parking lot sales shall not be located within 35 feet of adjacent buildings, property lines; burnable materials, grass or vegetation.

(c) Tent and/or parking lot sales shall not be located within 100 feet of any gasoline pump or distribution point.

(d) Tent and/or parking lot sales shall not be located within 10 feet of any public roadway or public sidewalk.

(10) Temporary sales tents shall meet the following design requirements:

(a) Height. Temporary sale tents shall not exceed a maximum height of 20 feet.

(b) Footprint. Temporary sale tents shall not exceed a maximum footprint of 500 square feet.

(c) Lighting. Temporary tents shall not be illuminated by an artificial lighting source.

(11) Temporary signs advertising the temporary tent and/or parking lot sale may be installed in accordance with an approved sign plan as part of the permit. Signs shall be limited to 40 square feet in area, affixed directly to the tent and nonilluminated. One such sign is permitted per street frontage of the lot or site upon which the tent is erected.

(12) In addition to any other penalties or remedies authorized by the State of New Jersey, any person or establishment who violates any provisions of this section shall be subject to a penalty of up to $2,000 for each violation. The Zoning Officer may bring this action in either the Municipal Court or Superior Court, as the summary proceeding under the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the Township.

B. Mobile retail food establishments. The Zoning Officer may issue a special permit for a mobile retail food establishment subject to the following conditions:

[Amended 9-14-2021 by Ord. No. 2021-20]

(1) Any person, entity, organization or business seeking to operate a mobile retail food establishment, as defined in § 230-54, on private property in the Township of Montville, or on Township-owned property, shall first obtain a zoning permit from the Zoning Officer. Said zoning permit shall be in addition to any and all licenses and/or permits as required from the Township Health Department, pursuant to Chapter 419, Food and Beverages, and/or as required by the State of New Jersey.

(2) Zoning permits shall be required for mobile retail food establishments on an annual basis for year-round vendors or a temporary basis for individual events as determined to be applicable prior to commencing operation within the Township. Permits shall specify the nature, location and extent of the operation. Permits issued pursuant to the provisions of this chapter shall be valid as follows:

(a) Year-round permits shall be valid for a one-year period beginning July 1 and shall not be prorated if obtained after July 1.

(b) Temporary permits shall be valid for not more than 10 consecutive days and may be issued up to four times per year.

(3) Mobile retail food establishments shall be permitted to operate on private property in any zone wherein eating and drinking establishments are permitted uses pursuant to this chapter, or on Township-owned property, subject to the following:

(a) Mobile retail food establishments shall obtain written approval from the owner of the property where their business will be conducted.

(b) Mobile retail food establishments shall not operate within 50 feet of an existing fixed retail food establishment without the prior written consent of the owner or authorized representative of the retail food establishment.

(c) Mobile retail food establishments shall not operate at any one location for more than two hours in one twenty-four-hour period, except if it is in relation to an approved limited special event or private function.

(d) The vendor must setup and operate the mobile retail food establishment unit so as to maintain a minimum five-foot clear pedestrian pathway in all directions from the unit.

(4) In zones wherein eating and drinking establishments are not permitted uses pursuant to this Chapter 230, including residential zones, mobile retail food establishments may only be permitted to operate on private property for approved limited special events or private functions.

(5) Zoning permits for limited special events and/or private functions shall only be issued under the following conditions:

(a) The owner of the property where the event will occur shall have invited the mobile retail food establishment to participate and mobile food vending is part of the event activities.

(b) The permit shall be good for a maximum of 10 consecutive days and there shall be at least 90 days between events at the same location.

(c) The mobile retail food establishment unit may not remain at the location for longer than the duration of the special event and while there must be located so as to avoid creating conflicts with pedestrian or motor vehicle traffic or creating other public safety problems.

(d) Mobile retail food establishments which operate for special events and/or functions must have either temporary or year-long permits and must have and maintain all other licenses and approvals necessary to lawfully operate as a mobile retail food establishment within the Township.

(6) Mobile retail food establishments may operate from 7:00 a.m. until 10:00 p.m. Monday through Friday and from 9:00 a.m. until 10:00 p.m. Saturday and Sunday, unless the property is residentially zoned or within 100 feet of a residential zone, in which case, the hours of operation shall be limited to 9:00 a.m. to 9:00 p.m. Mobile retail food establishments shall not park outdoors overnight on private property, except when part of an event extending for more than one day which has been authorized by the Township and/or except when authorized pursuant to § 230-156, Outdoor storage.

(7) Mobile retail food establishments shall provide trash and recycling receptacles within 10 feet of their site and shall collect all trash and debris within 25 feet before leaving their site. Collected trash must not be deposited in public trash receptacles.

(8) No mobile retail food establishment shall provide in-truck dining services or sidewalk tables and chairs.

(9) Mobile retail food establishments shall not be used as overflow and/or accessory kitchens for a fixed retail food establishment.

(10) Mobile retail food establishments shall be subject to Chapter 255, Noise, Chapter 281, Peddling and Soliciting, and Chapter 419, Food and Beverages.