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.
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.
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.
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.
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.
[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.
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]
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.
[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]
[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, provided that flagpoles shall be permitted at a maximum height of 20 feet in all zone districts, unless a different flagpole height is otherwise permitted in this chapter. In addition, all flagpoles in the Township shall be subject to Schedule H, Flag Size Requirements Based on Pole Height, which
is included at the end of this chapter and is hereby declared to be part hereof.
[Amended 7-18-2023 by Ord. No. 2023-19]
(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.
[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.
[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.
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.
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.
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.
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.
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.
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.
Unless otherwise provided in this chapter, facilities for the
landing and taking off of aircraft of any kind are prohibited.
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.).
(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.
(3)
Commercial fuel oil distributor.
(4)
Commercial livestock operations.
(5)
Dumps and open burning sites/pits.
(7)
Land application of wastewater and/or sludge.
(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).
(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.
[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.
[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:
(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.
[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.
[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. 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.
(f)
Statement as to how the applicant proposes to provide adequate
sanitary facilities and adequate provision for garbage/recycling collection.
(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.