The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the uses of land.
No land may be used and no structure may be erected, raised, moved, extended, enlarged, altered, demolished, or used, for any purpose other than that permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.
No building or part thereof shall be erected, constructed, altered or moved until a building permit has been issued by the Building Inspector. No building permit shall be issued unless all the following requirements and conditions are complied with:
A. 
All applications for a building permit shall be filed by the owner or his agent and shall state the intended use of the structure and the land. All specifications for a permit for a new structure shall be accompanied by detail plans and specifications drawn to scale of 1/4 inch equals one foot with dimensions and by a plot plan drawn to scale not smaller than one inch equals 50 feet by a licensed land surveyor of the State of New Jersey. The plot plans shall show the actual dimensions of all proposed and existing buildings, all open spaces, the established building line within the block, utility lines, parking or paved areas and any natural physical features upon the lot or within 50 feet of said lot. In addition, such other information as may be necessary or desirable to provide for the enforcement of this article shall be provided to the Building Inspector upon his request.
B. 
All plans, specifications and plot plans required by this section and by any officer or body of the Township charged with the enforcement and administration of this article shall be signed by a duly licensed architect of the State of New Jersey or by a licensed professional engineer where permitted by law, or by the owner of a one-family dwelling only if occupied by the owner. In the event the plans, specifications and plot plans have been prepared by the owner or an agent of the owner other than the above architect or engineer, the owner shall file an affidavit to that effect in accordance with state law.
C. 
The intended use, plans, specifications and plot plans shall conform in all respects with the provisions of this article and with the provisions of any other applicable Township ordinance, code or state regulations.
D. 
Where site or plot plan approval of an intended use is required from the Planning Board, such approval shall be obtained prior to the issuance of a building permit.
E. 
Where there is a question as to the suitability of a lot for its intended use due to topography, rock formations, flood conditions, public safety or other similar circumstances which in the opinion of the Building Inspector may adversely affect the health, safety or general welfare of the occupant of the lot or the public, the Building Inspector shall not issue a permit unless so ordered by the Township Council.
F. 
Every building permit shall expire one year from the date of issuance thereof. The Building Inspector shall revoke any building permit if he finds that actual conditions and construction do not adhere to either the plans or specifications submitted to him or to any other applicable Township or state regulations. A revoked building permit may not be reinstated unless the above nonadherence is corrected.
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector. The certificate of occupancy shall state that the use, building and premises complies with all the provisions of this article and all other applicable Township and state requirements. Certificates of occupancy shall be granted or denied within one week of application therefor being received by the Building Inspector.
A. 
Certificate of occupancy shall specify the use of the land or building and any circumstances or conditions imposed by any public agency, code or regulations. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, will be treated as a new use and a new certificate of occupancy shall be required pursuant to § 600-72. Prior to the issuance of a certificate of occupancy for the change in use, all provisions of this chapter shall be complied with the same as if the new use were a new structure or a new use of land, unless waived by the Planning Board.
B. 
No certificate of occupancy shall be issued by the Building Inspector until he has ascertained that all requirements of this Part 4 are fully complied with. Any other applicable Township or state regulations, Board of Adjustment order, Township Council order, Township Engineer order or plot plan approved by the Planning Board shall be complied with prior to issuance of a certificate of occupancy.
C. 
When by reason of adverse weather conditions completion of certain site improvements would cause an undue delay, a performance guarantee may be posted to ensure installation of incomplete improvements pursuant to § 600-125 and a certificate of occupancy issued.
D. 
It shall be the duty of the Building Inspector to keep a record of all applications for building permits and certificates of occupancy and of all such permits and certificates issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications and the same shall form a part of the records of his office and shall be available to all officials of the Township. Copies of certificates of occupancy shall be furnished upon request to any person having a proprietary or leasehold interest in the structure or land affected. A fee of 5% of the building permit fee or $5, whichever is larger, shall be charged for each original certificate and $1 shall be charged for each copy thereof.
[Amended by Ord. No. 9-85; Ord. No. 9-02; Ord. No. 13-04; Ord. No. 22-08]
Buildings and structures which are accessory to a principal use or building are permitted in all zones provided:
A. 
Accessory buildings in the business and industrial zones shall not exceed the height regulations of the principal building. In the residential zones, no accessory building shall exceed 16 feet in height except for accessory buildings used on farms which shall not exceed 30 feet in height.
B. 
Accessory buildings in the R-3 and R-4 Zones shall be at least six feet from any principal building situated on the same lot, then 10 feet from any principal building on the same lot in all other zones and at least six feet from any other accessory building.
C. 
Accessory buildings on corner lots may not be erected nearer to the street than the front yard requirements on the abutting lot.
D. 
Accessory buildings built within the front half of the side yard shall meet the side yard setback requirements for the principal building.
E. 
Accessory buildings in residential zones built within the rear yard and the rear half of the side yard shall be no closer than five feet to any lot line, except where a rear lot line is coincidental to a side lot line, there shall be a setback of at least 20 feet.
F. 
No accessory building may be located in the front yard of any lot.
G. 
No accessory building may be built on any lot on which there is no principal building or structure.
H. 
Utility buildings as defined in § 600-4 shall comply with all of the foregoing provisions for accessory buildings, except that they shall not be an integral part of or attached to a principal building; and, in addition, they shall comply with the following requirements:
(1) 
Utility buildings shall be anchored/attached to a concrete pad or alternatively, on four concrete corner footings, each of which shall be at least 12 inches in diameter; water-resistant girders may be required to support the structure.
(2) 
Utility buildings of approved construction materials shall be built in accordance with all requirements of the building code.
I. 
All private swimming pools as permitted in § 600-202K shall not be located closer than 10 feet to any side or rear lot lines, shall not be located in the front yard of the premises upon which they are constructed and installed and shall not be located within the side yard otherwise required in the zone district wherein the property is located. The area of the private swimming pool shall not exceed 20% of the rear yard area of the lot upon which it is located.
J. 
Property line setbacks. Accessory buildings located within residential districts shall meet the following setback requirements:
(1) 
Structures built within the side yard shall meet the side yard setback requirements for the principal building within the particular zone district.
(2) 
Structures built within the rear yard shall meet the following minimum setbacks:
Zone
Minimum Setback Side Yard
(feet)
Minimum Setback Rear Yard
(feet)
R-1A
20
20
R-1B
20
20
R-1
15
15
R-2
10
15
R-2A
10
15
R-3
5
10
R-4
5
10
(3) 
Any single structure greater than 500 square feet shall meet the minimum side and rear yard setback of the particular zone district in which it is located.
(4) 
Except as which may be modified by Subsection J(3), where a rear lot line is coincidental to a side lot line there shall be a minimum setback of at least: 15 feet within the R-3 and R-4 Zones; 25 feet within the R-2 and R-2A Zones, 30 feet within the R-1 Zone and 40 feet in the remaining residential zone districts.
(5) 
There shall be a maximum number of two accessory and/or utility structures on lots with areas less than 81,000 square feet.
K. 
Maximum lot coverage.
(1) 
Within all single- and two-family residential zones, accessory building(s) and utility structure(s) shall meet the following coverage limitations:
Lot Size
(square feet)
Maximum Lot Coverage
Less than 7,500 square feet
Up to 6%, not to exceed 450 square feet
7,500 square feet to 40,249 square feet
Up to 6%, not to exceed 1,000 square feet
40,250 square feet to 80,999 square feet
Up to 3%, not to exceed 1,600 square feet
81,000 square feet or more
Up to 2%, not to exceed 2,000 square feet
(2) 
Structures used for barns on farm-assessed lots are excluded from maximum size limitations.
L. 
The use of portable storage containers in residential zone districts will be allowed on a temporary basis, subject to the following conditions:
[Added 9-14-2021 by Ord. No. 25-21]
(1) 
Portable storage containers and/or similar temporary storage-type structures shall be placed on a subject property within a residential zone for no more than 15 days in a calendar year unless used in conjunction with a validly issued construction permit, in which event, said container shall be permitted to remain for the active duration of the construction permit, but in no event for more than one year (365 days) from the date of the initial permit issuance. If construction at the site has not been actively and diligently pursued for a period of 60 days, the Zoning Officer may order the removal of any portable storage container from the property.
(2) 
A property owner may apply for a zoning permit to extend the fifteen-day limitation for good cause, but in no event for more than an additional 30 days.
(3) 
Requests for temporary placement of a portable storage container in a public street or right-of-way must be made in advance to the Township Police Department. If approved, the container must have reflective markers and/or cones placed around it. Temporary placement is permitted for no more than 72 hours.
(4) 
No portable storage container shall be placed or located in the rear and side yard setback requirements for accessory buildings in the zone district.
(5) 
There shall be a limit of one portable storage container per property.
(6) 
Portable storage containers shall be in a condition free from rust, peeling paint, and other forms of deterioration.
(7) 
The size of a portable storage container shall not exceed 10 feet in height and 10 feet width by 20 feet in length.
(8) 
The portable storage container and the area surrounding it shall be kept in a neat and clean condition.
(9) 
No material, goods, wares or debris is allowed to be placed on or under the portable storage container.
(10) 
Said container is to be left closed at all times except when loading or unloading.
(11) 
No hazardous, toxic or dangerous material, organic waste, business inventory, commercial goods, or any personal property that is not owned by the owner or occupant of the property where the container is located, is permitted to be stored in said container. Upon reasonable notice to the construction permit holder, the Township may inspect the contents of any portable storage unit for compliance with this chapter.
(12) 
Any person violating this subsection shall be subject upon conviction to the penalties provided in Chapter 1, Article II, General Penalty, of the Township Code.
Any nonconforming use of structure existing on July 22, 1964, may be continued upon the lot or in the building so occupied and any such structure may be restored or repaired in the event of a partial destruction thereof. A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use. Cessation of use or failure to diligently prosecute the rebuilding of a partially destroyed building for a period of 12 consecutive months shall be deemed to be an abandonment of such nonconforming use.
A. 
A structure or use of land which is nonconforming in use shall not be enlarged or extended in any manner whatsoever. A building or use of land which is nonconforming in a manner other than use may be extended or enlarged provided that the nonconformance is not further increased.
B. 
Nothing in this article shall require any change in plans, construction or designated use of a structure for which a building permit has been heretofore issued when construction has been diligently prosecuted within six months of the date of such permit.
Where a lot is bounded by more than one street, the front yard setback requirement from each abutting street shall be met. The width of a corner lot measured at the front yard setback line shall be increased over the width specified in the schedule shown on the Zoning Map by the difference in feet between the required front yard setback and the required side yard setback.
No permit shall be granted for a structure or use if the design or construction of the same involves or is likely to involve exceptional risk of traffic congestion, public safety or hazard. No lighting of any kind shall be permitted which interferes with or is likely to involve a risk of traffic safety.
A building to be used as a residence shall not be constructed in the rear of or moved to the rear of a structure situated on the same lot, and a structure shall not be constructed in front of or moved to the front of a residence situated on the same lot.
[Amended by Ord. No. 10-05]
Any lot of record as of November 17, 1952, which fails to comply with the minimum lot area and frontage requirements of this article may be used for any use not prohibited in the zone in which it lies, provided that the lot was in single ownership July 22, 1964, and is still in single ownership as defined in this chapter and provided that all other requirements of this chapter are complied with.
[Amended by Ord. No. 25-10]
Not more than one commercial vehicle shall be permitted to be parked and/or stored in a residential zone, provided that said vehicle must be owned or used by a resident of the premises and further provided that the commercial vehicle shall not have a rated load capacity of more than one ton. No such vehicle shall be stored in the R-1, RC or C Zones unless it is regularly garaged. This section shall also include the prohibition of construction related vehicles and equipment being stored exterior of the premises unless coincidental with related on-site construction. Construction vehicles and/or equipment must be removed within seven days from the completion of the required construction. This provision shall not be deemed to limit the number or type of commercial vehicles and/or equipment accessory to a farm.
Notwithstanding any other provisions of this article, the parking of mobile homes and travel trailers in any zone is prohibited, except that the prohibition should not extend to one unoccupied travel trailer owned by the property owner or one travel trailer occupied by nonpaying guests of the property owner for a period not longer than two weeks in any calendar year, if parked within the yard setback requirements of the zone in which it is parked.
No building or use which is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property shall be constructed, erected or used.
[Amended by Ord. No. 28-81; 8-16-2011 by Ord. No. 15-11]
A. 
Residential zones.
(1) 
In all residential zones of the Township, outdoor storage shall be prohibited. However, outdoor storage as permitted and regulated for residential zones in this section is only permitted in the side and rear yards. Seasonal farm produce grown on the premises is a specifically permitted outdoor use and may be displayed in the front yard of any lot without being screened. Registered motor vehicles for residential use and parked on pavement or driveway area of residential lots shall not be considered outdoor storage.
(2) 
Within any residential zone, no motor vehicle shall be permitted to be stored outside of a garage so as to cause the same, at any time, to be in any disassembled or disabled condition, or be unregistered by not having a valid vehicle registration with the State of New Jersey Motor Vehicle Commission for the current year or same to be left on blocks or other similar devices.
B. 
Business and industrial zones.
(1) 
In the business and industrial zones, no article or material shall be kept, stored or displayed outside the confines of the building unless the same is so screened by special planting and fence as approved by the Planning Board so that it is not visible from any adjacent residential zone or public street. In instances where there is suitable existing plant materials, appropriate measures shall be taken to adequately protect such plant materials during construction and supplemental plantings shall be provided as necessary to achieve an effective screen. Otherwise, a planting area at least 20 feet in width shall be provided, where necessary, at the periphery of the outdoor storage area for new plantings which shall include staggered rows of evergreen trees, shrubs where appropriate and suitable ground covers.
(2) 
Public garages, service stations, and new or used auto establishments. All public garages or service stations and new or used automobile sales establishments are prohibited from storing the following materials, unless said materials are located in the rear yard and are screened so that no article shall be visible from the front of the premises or to any adjacent premises: wrecked, damaged or disassembled (either whole or in part) motor vehicles, boats or used automotive or marine parts or used supplies or materials thereof. In addition, no registered motor vehicle or boats shall be kept on these premises, whether it be on a paved or unpaved area, for more than 60 days for repair or storage. A maximum of two unregistered motor vehicles are permitted to be stored for a maximum period of 60 days on these premises with the exception of those vehicles associated with approved new and/or used automobile sales establishments. In no event shall the same registered or unregistered motor vehicle or boat be permitted to be repaired and/or stored on these premises for more than two sixty-day compliance periods over the course of one calendar year. Upon a demonstration of good cause, the Township Council shall have the discretion to grant an additional extension to the sixty-day compliance period set forth above. If permitted, the extension shall be granted by way of resolution of the Township Council.
C. 
Violations and penalties.
(1) 
Any person or property/business owner violating the provisions of this section shall be subject to the penalties as set forth under Part 7, Article LIX, of this chapter.
(2) 
Each additional day a person or property/business owner is not in conformance with this section shall be considered a separate and additional violation thereof.
[Added by Ord. No. 7-10; amended 4-19-2011 by Ord. No. 7-11; 10-15-2013 by Ord. No. 20-13; 9-1-2015 by Ord. No. 17-15; 5-21-2024 by Ord. No. 12-24]
A. 
Purpose. The purpose of this section is to permit and regulate the outdoor display and sale of merchandise within the Township of Denville in such a manner as to protect the public's health and safety and to ensure the integrity of the Township's land use plan and zoning regulations.
B. 
Designated zones. Farmer's markets shall be permitted on Lots 14 and 22, Block 50202 within the B-1 and B-2 Zone Districts and such other locations in the B-1 and B-2 Zone Districts as may be designated by the appropriate municipal official, provided that at least 10 days' written notice is given to the sponsor of the farmer's market to relocate the farmer's market for a given weekend.
C. 
Permit required.
(1) 
Zoning permit.
(a) 
No property shall be utilized for a farmer's market as defined herein without the issuance of a farmer's market permit to the sponsor of the market from the Township's Zoning Officer in accordance with the provisions of this chapter.
(b) 
No person, persons, firm or corporation shall participate as a vendor in a farmer's market without first obtaining a permit from the Township's Zoning Officer.
(c) 
The fee for the farmer's market sponsor permit shall be $50. The fee for the farmer's market vendor permit shall be $50.
(2) 
Health licenses and other licenses/permits.
(a) 
No person, persons, firm or corporation shall operate a farmer's market without first obtaining a farmer's market blanket license from the Township's Health Department.
(b) 
No person, persons, firm or corporation shall serve or offer food at a farmer's market without having obtained a farmer's market vendor's license from the Township Health Department. A farmer's market vendor's license shall be required for each stand, kiosk or similar appurtenance from which food is served regardless of whether there is a charge to the public.
(c) 
Fees for health licenses are set forth in Chapter 245, Fees, Rates and Charges.
(d) 
In accordance with N.J.S.A. 33:1-98, the Director of the Division of Alcoholic Beverage Control may, in accordance with regulations or a special rulings, issue to the holder of a limited brewery license, restricted brewery license, craft distillery license, plenary winery license, farm winery license, or cidery and meadery license, as established pursuant to N.J.S.A. 33:1-10, a daily or annual permit to sell any of the licensee's products in original containers at a seasonal farm market for consumption off of the premises of the seasonal farm market. The licensee shall obtain a separate permit for each seasonal farm market at which the licensee intends to sell its products. Subject to regulation or special ruling, a licensee issued a permit pursuant to N.J.S.A. 33:1-98 may: (1) transport the licensee's products in original containers for the purpose of selling them at a seasonal farm market; and (2) offer samples for sampling purposes to persons of the legal age to consume alcoholic beverages in the amounts authorized pursuant to N.J.S.A. 33:1-10 during each day the seasonal farm market is operating. Applications must be submitted exclusively through the POSSE ABC Online Licensing System and will be reviewed by the Township Clerk and Police Chief or designee. Permit holders shall follow all permit requirements set forth in N.J.S.A. 33:1-1 et seq. and applicable ABC regulations and special rulings.
(3) 
Each permit and license shall expire on December 31 of the calendar year in which it is issued.
(4) 
The sponsor of the farmer's market shall be responsible to secure the farmer's market permit and license required pursuant to Subsection C(1)(a) and (2)(a) above and to verify that permits and licenses required pursuant to Subsection C(1)(b), (2)(b) and (d) have been obtained by all vendors participating in the event, as applicable. A copy of all wine festival or daily or annual seasonal farm market permits must be submitted to the Township Clerk prior to each farmer's market at which a wine vendor will be participating. Not more than four permit holders may offer samples and sales at any single farmer's market.
(5) 
Farmer's market uses shall be limited to the following vendor categories:
(a) 
Farmer. A person who raises produce, plants, botanicals or animals on the land such person owns, leases or rents. Also includes a person who processes produce, fruit, berries, botanicals, meats, eggs, dairy, honey, etc., which is grown, raised or harvested on property that such person owns, leases or rents, and then turned into value added product(s) such as jam, cider, maple syrup, cheese, baked goods, essential oils, etc.
(b) 
Processor. A person who sells foods that such person has personally prepared or processed on property that such person owns, leases or rents. Processors are persons offering fresh food products that have added value to their products through "hand on" processing.
(c) 
Prepared food. Prepared food vendors offer freshly made foods available for sale and immediate consumption on-site. All food is prepared on property owned, leased or rented by the vendor. Prepared food vendors using local ingredients are preferred.
(d) 
Non-food grower and processor. A person who prepares natural products, such as essential oils, cosmetics, pet foods, soaps, etc., that they have personally prepared or processed to support a healthy lifestyle on property that they own, lease or rent.
(6) 
All vendors are prohibited from reselling products that are not produced, prepared or processed on property that they own, rent or lease.
(7) 
All vendors and their products must be approved by the sponsor before a vendor permit may issue.
(8) 
In addition to licensed vendors, (1) one restaurant shall be permitted each week to provide menu samples and sales; (2) one nonprofit organization having I.R.C. Section 501(c)(3) tax-exempt status shall be permitted each week to distribute information to the public regarding the organization and to solicit members and, if desired, to obtain signatures for petitions; and any civic or local not-for-profit organization shall be permitted once a month to sell goods The vendor permit fee required under Subsection C(1)(c) above shall not apply to the restaurant and nonprofit organization selling items one time per calendar year as provided in this section. However, all required Health Department license fees shall continue to be paid by each respective vendor.
D. 
Submission requirements.
(1) 
The sponsor of the farmer's market shall be required to submit a map order and/or diagram indicating the location of the proposed vendor display standards.
(2) 
A certificate of insurance indicating that the sponsor of the farmer's market and each vendor has public liability insurance in the amount of at least $1,000,000 and naming the Township as an additional insured shall be provided for the sponsor and for each vendor at least 10 days prior to the date of the market in which the vendor is participating. A new certificate of insurance for the market sponsor and each vendor shall be submitted prior to the expiration date of the liability policy indicating renewal of the policy. A vendor who does not provide a current certificate of insurance may not participate in a farmer's market.
(3) 
Site plan approval is not required for farmer's market uses as defined herein.
E. 
Days and hours of operation. Functions authorized by the farmer's market permit shall be limited to Sundays only and to the hours between 7:00 a.m. and 4:00 p.m. inclusive of setup and breakdown time.
F. 
Standards. Farmer's market activity shall adhere to the following standards:
(1) 
Sponsor shall abide by any and all provisions of this section as well as conditions that may be attached to the permit by the Police, Health and Planning Departments to ensure the public's health, safety and welfare.
(2) 
No structures, tables, stalls or other appurtenances shall obstruct a sidewalk or emergency access lane.
(3) 
Solid waste removal. It shall be the responsibility of each vendor and the sponsor to arrange for the removal of any solid waste generated.
(4) 
Temporary signage shall be subject to § 600-189 of this chapter.
(5) 
The sponsor shall contact the Township Police Department for a determination as to whether inclement weather conditions exist that require cancellation of the market and shall abide by the decision of the Police Department.
(6) 
Wine samplings. The following requirements, of which Subsection F(6)(a) through (e) are pursuant to the State Sanitary Code, shall apply to all vendors offering wine samplings:
(a) 
Single-service disposable cups may only be used to serve wine or any other beverage.
(b) 
Single-service disposable cups must be protected from contamination during handling, display or storage.
(c) 
The wine and any other beverage may only be served by a farmer's market vendor/employee. Self-service, wherein patrons serve their own beverages, is prohibited.
(d) 
A waste receptacle must be provided for disposal of single-service cups.
(e) 
A means of handwashing must be readily available to the vendor/employee providing wine samplings.
(f) 
A fetal alcohol syndrome notice from the Township Health Department must be conspicuously posted at the point that the alcohol sample is being served and at the point of sale of any permitted alcohol in sealed, original containers.
(g) 
The holder of a daily or annual seasonal farm market permit issued pursuant to N.J.S.A. 33:1-98 authorizes the licensee to sell for a nominal charge or make a gratuitous offer of an open container of the products produced by the licensee in the following amounts: (1) for a limited brewery, restricted brewery, and cidery and meadery licensee, an amount not exceeding four, three-ounce samples; (2) for a plenary and farm winery licensee, an amount not exceeding four, one-and-one-half-ounce samples; and (3) for craft distillery licensees, an amount not exceeding three, one-half-ounce samples.
(h) 
Samples may not be offered to or allowed to be consumed by any minor or intoxicated person.
G. 
A farmer's market sponsor or vendor permit or license shall not be construed to permit peddling and/or soliciting as regulated under Chapter 388, Peddling and Soliciting, Article I, Solicitors.
H. 
Exemptions. Farmer's market use as described herein shall be exempted from the provisions of § 600-160 regarding outdoor storage.
I. 
Appeals. Where there is a dispute regarding a decision by the Township's Administrative Officer or Zoning Officer as to whether an activity qualifies for a permit under this section, the matter shall be referred to the Denville Township Zoning Board of Adjustment for a determination pursuant to N.J.S.A. 40:55D-70a.
[Amended by Ord. No. 19-88; Ord. No. 4-90;Ord. No. 10-90; Ord. No. 36-99;Ord. No. 2-01; Ord. No. 18-01; Ord. No. 27-01; Ord. No. 12-02]
No lot shall contain more than one principal building, provided, however, that more than one principal building will be permitted in the B-2A, I-1, I-2, AH, T-1, T-3, T-4, PARC and OB-4 Zones if they conform to all of the following requirements:
A. 
No lot upon which a residential structure exists shall be permitted a second principal use except as otherwise permitted in Article XXX.
B. 
No lot upon which more than one principal building is located shall be less than five acres, except in the T-3 Zone for any lot to be developed for low and moderate-income housing.
C. 
In the B-2A Zone, no such lot shall have a principal highway frontage of less than 400 feet.
D. 
A principal building as permitted shall not be closer to another principal building than 40 feet in the B-2A and OB-4 Zones nor 60 feet in the I-1 and I-2 Zones.
E. 
Plans for all internal improvements, including, but not limited to access drives, storm drainage, water and sanitary sewer services shall be submitted for the entire development as part of the original site plan application. Primary access drives and related storm drainage, water, sanitary sewer and other service facilities essential to the viability of the overall project as determined by the Planning Board shall be installed prior to the issuance of a certificate of occupancy for any part thereof. Any change to the original site plan shall be subject to the approval of the Planning Board.
F. 
No structure or uses shall be located closer to the front, side or rear lot lines than the minimum distances required by its zone district.
G. 
Any subsequent subdivision of such multiple use development shall take place only in compliance with all the provisions of this and other Township ordinances on the basis of one principal use on a lot, with provision for all required area, frontage and setback requirements.
H. 
Any development within the AH Affordable Housing Zone or within the T-1, T-3, T-4 or PARC Zones requiring more than one principal building on the original parcel or lot shall be subject to all of the rules and regulations established in Articles XLV, XLVI, XLVII, XLVIII and XLIX, respectively, herein.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make the area or dimension less than the minimum required under this article. If already less than the minimum required under this article, the area or dimension shall not be further reduced. No area or space or parking facility approved by the Planning Board, Board of Adjustment or Township Council shall be changed or reduced without the approval of the body.
When a new lot or lots are formed from part of a parcel of land, the subdivision must be effected in such a manner as not to impair any of the provisions of this article.
[Amended by Ord. No. 08-06]
On any corner lot in any residential district, no fence, structure or planting over 30 inches in height above the roadway shall be erected or maintained within 20 feet from the curbline where one has been established and where there is no curbline, then 20 feet from the nearest side line of any hard surfaced road, street or highway, so as to interfere with traffic visibility across the corner.[1]
[1]
Editor's Note: Former Section 19-5.719, Transition lots, which previously followed this section, was repealed by Ord. No. 18-91.
[Amended 4-5-2011 by Ord. No. 5-11]
A. 
Walls and fences are permitted in the required yards of all zones, provided they are not higher than four feet. In all residential zones, fences not higher than six feet are permitted in the side and rear yards, provided they are not more than 10% solid. Fences more than 10% solid are permitted only in the rear yards of residential zones, provided they do not exceed six feet in height.
B. 
In the business and industrial zones, fences or walls not exceeding seven feet in height shall be permitted in the side and rear yard. A fence or wall used for screening, if required by the Planning Board, may be higher.
C. 
In all zones, any fence facing on a public street or property line shall have the front (finished) surface exposed to said street or property line.
[Amended by Ord. No. 19-88; Ord. No. 16-07]
A. 
Every lot must provide front, rear and side yards as required for its zone. All front yards must face upon an improved public or private street or right-of-way.
B. 
Lake community roadways (LCR roadways). The following roadways are hereby designated as LCR roadways and are subject to the modified front yard setback as defined in § 600-4:
Cedar Lake
Bald Knob
Cedar Lake East
Cedar Lake North
Cedar Lake Road
Cedar Lake West
Cypress Drive
Florence Drive
Hardman Terrace
Hillcrest Drive
Larsens Drive
Oak Avenue
Overlook Avenue
Pine Lane
Rockway Avenue
Seymour Road
Spring Road
Vans Drive
Watchtower Road
Wildwood Terrace
Woodland Road
Indian Lake/Bay of Sunset Water
Algonquin Trail
Base Road
Beechwood Trail
Cherokee Trail
Cherry Trail
Chestnut Hill Drive East
Chestnut Hill Drive West
Cliffside Trail
Comanche Trail
Deleware Trail
East Shore Road
Fernwood Trail
Filbert Trail
Forest Trail
Guterl Place
Highland Trail
Hilltop Trail
Huron Place
Hussa Place
Indian Spring Trail
Iroquois Trail
Lakeview Trail
Landing Trail
Laurel Trail
Lenape Trail
Locust Trail
Longview Trail
Longview Trail
Merrie Trail
Mohawk Trail
Mountain Trail
North Shore Road
Orange Trail
Riekens Trail
Seneca Trail
Seminole Trail
Shawger Road
Shawnee Trail
Sioux Trail
South Shore Road
Sunset Trail
Warren Trail
West Shore Road
White Birch Trail
Whitten Place
Lake Arrowhead/Great Bay
Basswood Drive
Elm Street
Garwood Trail
Hornbeck Road
Ironwood Trail
Lakewood Drive
Maywood Avenue
Mosswood Trail
Oak Street
Ridgewood Parkway
East Ridgewood Parkway
Walnut Street
Woodland Avenue
C. 
Projections into yards. The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
[Added 6-26-2018 by Ord. No. 15-18]
(1) 
Architectural features such as bay windows, cornices, eaves, window sills or other architectural features, provided that said feature does not project more than 24 inches.
Notwithstanding any other provisions of this article, the parking of boats in any residential district is prohibited, except that the prohibition should not extend to one boat not to exceed 30 feet in length if kept on a trailer or other support and owned by the property owner, when placed within the yard setback requirements of the zone in which it is parked.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
No one- or two-family residential buildings or structures shall hereafter be erected, extended, enlarged or altered in any residence district which shall be like or substantially like any building or structure on a lot adjoining on the same side of the street or a lot, any part of the street line frontage of which is across the street from the lot, then in existence or for which a building permit has been issued and is then outstanding, or which is included in the same building permit application, in more than three of the following five respects:
A. 
The same basic roof design in height or style.
B. 
The same front elevation in terms of building materials.
C. 
The same front elevation in terms of location, height and design of porches, if any.
D. 
The same front elevation in terms of location and design of attached garage.
E. 
The same basic plan without substantial differentiation in setback elements of the plan. (A setback with a difference of four feet or more is not considered the same.)
[Amended by Ord. No. 18-78; Ord. No. 20-78; Ord. No. 14-85; Ord. No. 16-88; Ord. No. 16-91; Ord. No. 14-98; 9-20-2016 by Ord. No. 11-16; 7-14-2020 by Ord. No. 08-20; 5-17-2022 by Ord. No. 06-22]
A. 
Flood losses resulting from periodic inundation. Within the Township of Denville, there exist certain flood hazard areas subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B. 
Definitions. As used in this section:
100-YEAR FLOOD
A flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average once every 100 years; the term also means that level of flooding having a 1% probability of occurrence in any year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
CHANNEL
A natural depression of perceptible extent, with definite beds and banks to confine and conduct flowing water either continuously or periodically.
CUT
The removal of nonbuoyant, impervious, solid material which results in an increase in the storage capacity of the floodplain.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operation.
ELEVATED BUILDING
A nonbasement building i) built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor, or in the case of a building in a coastal high hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water; and ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
FILL
Any approved material placed or deposited within the floodplain or the watercourses that create them which will displace floodwaters.
FLOOD FRINGE
That portion of the flood hazard area outside of the floodway, but inside the 100-year floodplain.
FLOOD HAZARD AREA
The floodway and any additional portions of the floodplain which the improper development and general use of would constitute a threat to the safety, health and general welfare. This constitutes the total area inundated by the 100-year design flood.
FLOODPLAIN
An area, usually a relatively flat or lowland area adjoining a river, stream or watercourse, which has been in the past or can reasonably be expected in the future to be covered temporarily by flood.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and contents of buildings.
FLOODWAY
The channel of a natural stream, and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.
OBSTRUCTION
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projections, excavation, channel, rectification, bridge, conduit, culvert, building, weir, fence, rock, gravel, refuse, fill, structure, or matter, in, along, across or projecting into any natural stream or floodplain which may impair, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), any work related to the improvement.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Work on structures that are determined to be substantially damaged is considered to be substantial improvement, regardless of the actual repair work performed.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed.
WATER SURFACE ELEVATION DATA
The elevation in relation to mean sea level expected to be reached by floods of various magnitudes and frequencies at pertinent points along a stream or in the floodplains of coastal areas.
C. 
General causes of flood losses. Such flood losses are caused by:
(1) 
The cumulative effect of obstructions in floodways causing increases in flood heights and velocities.
(2) 
The occupancy of flood hazard areas by uses vulnerable to floods or hazards to others which are inadequately elevated or otherwise protected from flood damages.
D. 
Methods used to analyze flood hazards. This section uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps:
(1) 
Selection of a regulatory flood which is based upon engineering calculations which permits a consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation. The regulatory flood selected for this section is representative of large floods known to have occurred in this region and are reasonably characteristic of what can be expected to occur on the particular streams subject to this section. It is the general order of floods which could be expected to occur on the average once every 100 years.
(2) 
Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
(3) 
Computation of floodway required to convey this flood without increasing flood heights to an extent which would cause substantial upstream or downstream damage to existing or reasonably anticipated future development.
(4) 
Delineation of floodway and encroachment lines within which no obstruction is permitted which would cause such damage.
(5) 
Delineation of the floodplain, i.e., that area outside of the floodway encroachment line but which is still subject to inundation by the regulatory floods of 100-year reoccurrence.
E. 
Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize those losses described in Subsection A above by provisions designed to:
(1) 
Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause increased flood heights or velocities.
(2) 
Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.
(3) 
Assist in protecting individuals from buying lands which are unsuited for intended purposes because of flood hazard.
F. 
Flood hazard area created. There are hereby created within the Township of Denville flood hazard areas as delineated on the most current Flood Insurance Rate Map as prepared by the Federal Emergency Management Agency, which map is hereby adopted by reference. Where because of the scale of this map there is a question as to the exact location of a specific boundary of the floodplain, those boundaries shall be determined by the elevations indicated on this map in conjunction with accurate topographic information. The Tax Maps of the Township of Denville as last amended are intended to be true representations of the floodplain areas shown on said Flood Insurance Rate Map.
G. 
Permitted uses in flood hazard areas. The uses permitted within any flood hazard area are those uses permitted and regulated by this section for the zone district in which the area may be located, as said zone districts are set forth and delineated on the Township of Denville Zoning Map, subject to the following further limitations:
(1) 
Proposed permanent structures within the portion of the 100-year floodplain which lies beyond the floodway shall have the basement floor or lowest floor elevations one foot above the level of the 100-year flood. Exceptions may be granted by the Township only for nonresidential structures, which, together with attendant utility and sanitary facilities, are adequately floodproofed up to the level of the 100-year flood. Such floodproofing shall be certified to by a licensed engineer.
(2) 
No permanent building structures and/or substantial improvements are to be built within the floodway. If it is determined by the Township Engineer or the Township's designated Floodplain Manager that the proposed structure and/or substantial improvement will be located within the floodway, the site plan application shall be submitted to the New Jersey Department of Environmental Protection for a determination of the floodway for that location.
(3) 
No use, including landfill, shall be permitted within the flood hazard area if the proposed use, in conjunction with all other uses permitted since enactment of this section, would increase water surface elevations of the 100-year flood more than 2/10 of one foot. An applicant for such land use shall be required to submit for review a plan showing the effects of his proposed action on future flood heights.
(4) 
Land fill may be permitted within the 100-year flood hazard area to raise existing buildings, dwellings, roadways, sidewalks and driveways.
(5) 
To the extent existing data permits, all proposed developments and improvements within the eligible area shall be designed and constructed in accordance with all of the other requirements of this chapter.
(6) 
Any relocation or realignment of any river or stream channel within the Township shall be prohibited if it would reduce the natural valley storage capacity with respect to the 100-year flood. No such relocation or realignment shall be permitted without prior written approval of the New Jersey Department of Environmental Protection and notification of adjacent municipalities and the federal Insurance Administrator. No river or stream within the Township having a watershed area in excess of 50 acres shall be confined in a pipe or conduit except to cross streets and rights-of-way.
(7) 
Protection of floodway. No obstruction shall be permitted in the floodway without the consent of the New Jersey State Department of Environmental Protection and the local authority.
H. 
Submission of site plan. Notwithstanding any other provisions of this section, no development shall take place, and no structure shall hereafter be erected, constructed or substantially improved within any flood hazard areas, unless and until a site plan shall have been submitted to the Township Engineer or the Township's designated Floodplain Manager for review and approval in accordance with Part 2, Subdivision and Site Plan Review, of this chapter. Said site plan shall, in addition to the information required under § 600-120 of this chapter, show the following information:
(1) 
The existing and proposed contours at a contour interval of one foot at the USGS datum and the volume of fill in cubic yards added to the property.
(2) 
The proposed elevation of the levels of the lands involved at the corners of the foundation of any structure or structures.
(3) 
A sectional view showing elevations of the proposed structure.
(4) 
The layout and elevations of existing and proposed public streets and the nature, extent and location of existing and proposed public utilities servicing and to service the premises in question.
(5) 
All new developments greater than 50 lots or five acres, whichever is less, shall include base flood elevation data.
I. 
Requirements in flood hazard area. The Township Engineer and the Township's designated Floodplain Manager shall not approve any site plan within the 100-year floodplain area unless and until they are satisfied that the following requirements have been met:
(1) 
The lowest floor level, including the basement, of any proposed structure shall be higher by one foot than the level of the basic flood level established by the federal Insurance Administrator.
(2) 
Proper facilities have been or will be provided for potable water and for the disposal of sanitary sewage and of storm drainage and that such facilities are located and designed to be consistent with the need to minimize flood damage.
(3) 
Any proposed structure, when built, may be occupied without peril to the health or safety of the occupants.
(4) 
Any proposed structure or attendant protective measures will not impede the flow of surface waters through any watercourse or cause an unacceptable increase in flood heights or velocities.
(5) 
All necessary permits have been received from those governmental agencies from which approval is required by federal and state law.
(6) 
All new construction shall be anchored to prevent flotation and lateral movement and shall be constructed with flood-resistant material and methods.
(7) 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(8) 
For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(a) 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
The openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(9) 
New construction and substantial improvement of any commercial, industrial or nonresidential structure shall either have the lowest floor, including the basement, elevated to one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: i) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; ii) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and iii) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards methods of practice for meeting the applicable provisions of this section. Such certification shall be provided to the official as set forth in Subsection K.
(10) 
All fill being placed within the flood hazard area shall be matched by an equal amount of cut so that there is strict compliance with the Master Plan's "no net fill" policy.
J. 
Time limits. The Township Engineer and the Township's designated Floodplain Manager shall act upon any site plan submitted under Subsection H above within 95 days of the date of filing thereof, or such other extension of time as the applicant may agree. Failure to act within said time limit shall be deemed to be a denial of any site plan submitted.
K. 
Issuance of permits. No building permit shall be issued by the Building Inspector for any proposed structure to be located within the permitted flood hazard area unless and until the Township Engineer or the Township's designated Floodplain Manager shall have approved a site plan submitted in accordance with this section. Upon approval or denial of any site plan required by this section, the Township Engineer or the Township's designated Floodplain Manager shall forthwith notify the Building Inspector thereof. No certificate of occupancy shall be issued by the Building Inspector unless and until proof has been submitted to him that all conditions of the site plan approval have been fully met and complied with.
L. 
Boundary amendment. The boundaries of the flood hazard areas as shown on the Flood Hazard Map shall be subject to amendments to conform with any amended boundaries identified by the federal Insurance Administrator. As the watersheds are developed, the size of the 100-year flood hazard area will increase, requiring periodic revisions in the Flood Hazard Map which shall be prepared and certified to by a licensed engineer of the State of New Jersey.
M. 
Flood regulations take precedent. Within the boundaries of the flood hazard areas, the laws and ordinances concerning floodplains, floodproofing, floodway preservation and other measures designed to reduce flood losses shall take precedence over any conflicting laws, ordinances and codes.
N. 
When base flood elevation and floodway data have not been provided in accordance with § 600-170F, Flood hazard area created, the Township Engineer or the Township's designated Floodplain Manager shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection G, regarding permitted uses in flood hazard areas, Subsection H, regarding submission of site plans, and Subsection I, regarding requirements in flood hazard areas.
O. 
Information to be obtained and maintained. It shall be the duty of the Township Engineer to:
(1) 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including the basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(2) 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation (in relation to mean sea level); and
(b) 
Maintain floodproofing certifications as required.
(3) 
Maintain for public inspection all records pertaining to the provisions of this Section.[1]
[1]
Editor's Note: Original Section 19-5.725, Development regulations within areas of steep slopes, which previously followed this section, was repealed by Ord. No. 16-86. For current provisions, see § 600-175, Development within critical environmental steep slope areas.
[Added by Ord. No. 13-96]
Where a property borders on more than one street (i.e., corner or through lot) the determination of the lot's frontage shall be at the option of the owner or developer and shall be so designated on all maps and official records. For purposes of determining compliance with zone standards, only the designated frontage shall be considered as frontage. All driveway and utility connections shall be from this designated frontage, except for corner lots with two conforming frontages which may utilize either frontage for driveway and utility connections. The remaining street right-of-way lines shall be considered lot lines. Nothing in this section is intended to in any way modify the definition of front yard.
[Added by Ord. No. 14-98]
A. 
Each application for development, other than one and two family homes, shall provide for the temporary storage of recycling materials and solid waste. If this temporary storage is to take place outside the confines of a building, the enclosure must be six feet high and of a design that will screen the containers from view. The containers and their enclosures shall be located outside any required buffer area.
B. 
All such recycling and solid waste temporary storage areas shall be of sufficient size to accommodate the waste flow typically generated by the land use activity it is serving. All such enclosures shall have a concrete floor no less than four inches thick.
C. 
All recycling and solid waste containers, whether empty or full, shall remain at all times within the enclosure. It is a violation of this chapter if these containers are outside the enclosure except when being unloaded into a truck for transport to an approved recycling center or solid waste facility.
[Added by Ord. No. 3-99]
A. 
Wireless telecommunications antennas may be erected on existing buildings or structures, and an equipment compound may be constructed in support of such antennas consistent with the following requirements:
(1) 
Antenna arrays may be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than 20 feet.
(2) 
The equipment building shall be situated within a solid wooden fence at least seven feet and no more than eight feet high as approved by the Township Engineer which shall include a locking security gate.
(3) 
An equipment compound consisting of no more than 4,000 square feet in area may be erected in support of such antenna arrays provided it is:
(a) 
Situated to ensure that historically significant viewscapes, streetscapes and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities. To the greatest extent possible, equipment compounds should be situated behind existing structures, building or terrain features which will shield the compound from public view; or
(b) 
When a location out of public view is not possible, a landscape buffer of 20 feet in width shall be provided around the compound to shield the facility from public view. Landscaping shall include evergreen trees at least eight feet high at the time of planting and planted in staggered double rows at 15 feet on center, or equivalent.
(4) 
Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of this equipment, color should be selected to be consistent with the color scheme of the building or structure on which they are mounted, in order to blend with their surroundings. When this is not possible, color selection shall be designed to minimize the visual impact of the antenna arrays.
B. 
Wireless telecommunications towers shall be located to minimize visual impact on residential areas and the public way. Equipment buildings and equipment compounds shall comply with Subsection A(2) and (3) above.
C. 
Preexisting towers. Wireless telecommunication towers in existence on the date of the adoption of this section (nonconforming wireless telecommunication towers) are subject to the following provisions:
(1) 
Nonconforming wireless telecommunication towers may continue in use for the purpose now used, but may not be expanded without complying with this section.
(2) 
Nonconforming wireless telecommunication towers which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than partial, then repair or restoration will require compliance with this section.
(3) 
The owner of any nonconforming wireless telecommunication towers may repair, rebuild and/or upgrade (but not expand such wireless telecommunication towers or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.
[Added by Ord. No. 8-2000]
When application is made to construct a new private or public roadway, the minimum distance from the subject property side line to the proposed near side right-of-way line, or edge of pavement in the case of a private roadway, shall not be less than the required front yard setback requirement imposed by ordinance on the adjacent property.
[Added by Ord. No. 17-05]
A. 
Statement of purpose.
(1) 
It is the purpose of this section to establish regulations for development within critical areas of steep slopes and to prevent inappropriate development in areas of excessive slopes.
(2) 
These special development controls are provided in recognition of the potentially negative impacts associated with the removal of vegetative cover, the disturbance of the soil by excavation or fill, and the construction of buildings, structures, roadways and associated site disturbances within these areas of steep slopes in the Township of Denville which will cause an increase of surface water runoff, soil erosion and siltation, with the resultant pollution of streams as well as the potential danger of flooding and water damage and thereby having the potential of endangering public and private property and life.
(3) 
Development on the slopes can create additional hazards to the lives and property of those having structures on the slopes and below them.
(4) 
The most appropriate method of alleviating such conditions is through the regulation of the removal of such vegetation and soil disturbance, construction and development.
(5) 
It is determined that the special and immediate public interest in these slopes justifies the regulation of property located thereon as provided in this section which is the exercise of the police power of the Township for the protection of persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.
(6) 
It is not the purpose of this section to establish densities but rather to control development within appropriate areas.
B. 
Applicability.
(1) 
All applications for development as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., except for activities set forth in Subsection B(2) below shall be required to prepare a steep slope map and comply with the restrictions outlined in this section. Approval of the steep slope map shall be granted by the appropriate board as part of a development application and/or prior to the disturbance of any area of steep or excessive slopes.
(2) 
Prior to the issuance of a building permit for a detached one- or two-dwelling unit building on a single lot containing steep or excessive slopes, or prior to the disturbance of any soil or vegetation on a single lot containing steep or excessive slopes on which a detached one- or two-dwelling unit building is located (except for regrading and landscaping), a steep slope map shall be submitted to the Planning Board for its review and recommendation to the construction official. If a variance from the provisions of this § 600-175 is requested by the applicant in connection with a single lot on which a detached one- or two-dwelling unit building is located or proposed to be constructed, the Construction Official or Zoning Officer, as the case may be, shall refer the application directly to the Zoning Board of Adjustment.
C. 
Definitions. For the purpose of this section, certain terms are defined and shall be construed as follows:
DEVELOPMENT AREA
That part of the permitted building envelope which is intended to be used for a structure and is so designated for soil disturbance necessary for the development of the lot.
EXCESSIVE SLOPE
Any slope which has a grade of 25% or more.
MINOR TOPOGRAPHIC VARIATION
That slopes of 25% or more shall not occur in more than 10% of any area of the lot.
STEEP SLOPE
Any slope which has a grade greater than or equal to 15% but less than 25%.
D. 
Steep slope map details. A steep slope map shall include the following information:
(1) 
A plan shall be drawn by a licensed professional engineer at a scale of not less than one inch equals 30 feet.
(2) 
Existing and proposed grades represented by contours at two-foot intervals when grades are below 30%, at five-foot intervals when grades are 30% or more, and by spot elevations when flatness of the plot makes the use of contours impractical. Existing contours shall be shown for a distance of 25 feet beyond the plot limits.
(3) 
Slope classification map indicating existing grade categories as follows: 0% to 14.99%; 15% to 19.99%; 20% to 24.99%; 25% to 29.99%; and slopes 30% or more. A table indicating the degree of slope disturbance, pursuant to Subsection E of this section shall be provided.
(4) 
Existing and proposed elevations at all plot corners, building corners, centers of swales, disposal bed corners, and at the locations of all changes in direction of stormwater flow.
(5) 
Proposed elevations at changes in grade of driveways and walks, as well as the proposed and existing curb, sidewalk, and road elevations at the plot corners and at changes in grades.
(6) 
Location and details of swales; and other means for the disposition of all stormwater.
(7) 
The location of the proposed dwelling, including the location of the garage, all overhangs, the number of stories of the dwelling, and the proposed elevation of all floors, cellar and garage and all setback distances.
(8) 
The location of proposed pedestrian and vehicular facilities, including walks, roads, drives or parking areas with both vertical and horizontal alignments property dimensioned.
(9) 
Type and width of existing pavement and width of right-of-way, on road on which plot fronts.
(10) 
Metes and bounds of all property lines, monumentation at all property corners and location of any existing fences, hedges, etc., along the property lines.
(11) 
A soil erosion and sediment control plan.
(12) 
Drainage study as applicable or required by the Planning Board and/or the Township Engineer.
(13) 
Location of all buildings on adjoining lots within 200 feet.
(14) 
The proposed elevations of the levels of land above and below retaining walls as well as top of wall elevations.
(15) 
The location of all existing and proposed landscaping, including trees having a diameter of three inches or greater as measured at a point one foot above the ground, shrubs and ground covers with type and size of trees or shrubs and specifications for ground covers.
(16) 
The disposition and extent of topsoil to be removed or backfilled.
(17) 
The disposition and extent of all other soil to be removed and backfilled.
(18) 
The plans and specifications for any proposed retaining walls, steps, fences or other protective structures.
E. 
Steep slope map review procedures.
(1) 
The procedures applicable to the review of subdivisions, site plans and variance applications shall apply to the review of steep slope maps in connection with site plan and subdivision applications.
(2) 
For all other applications for review of steep slope maps, including applications pursuant to Subsection B(2), the following procedures shall apply:
(a) 
Fourteen copies of all steep slope maps shall be submitted 21 days prior to the regular Board meeting at which they are to be considered, together with an application and a fee of $40 per lot.
(b) 
Copies of the steep slope map shall be forwarded to the Denville Environmental Commission and the Morris County Soil Conservation District for their review and recommendations and no action shall be taken on said application for a period of 30 days or until reports are received from these agencies, whichever is sooner.
(c) 
Copies of the application and steep slope map shall be forwarded for review and recommendation to certain Township personnel and other experts as may be deemed appropriate by the Board hearing the application. Such reports shall be submitted to the appropriate Board within 30 days of the date of application.
(3) 
Notice of an application for steep slope map review and approval shall not be required unless notice would otherwise be required pursuant to the Municipal Land Use Law.
F. 
Development regulations. Within any area of steep or excessive slopes, no soil or vegetation shall be disturbed nor shall any building or structure be erected, constructed or substantially enlarged or lot created unless and until it can be demonstrated by information, plans and studies furnished by the applicant that the following requirements can be met:
(1) 
Construction control limitations. Disturbance of steep slopes shall be limited to the following based on the indicated slope classifications:
Slope
Maximum Permitted Disturbance of Slope Area
Permitted Development Activity
Less than 15%
100%
All activities
15% to 19.9%
50%
All activities subject to compliance with this section
20% to 24.9%
25%
All activities subject to compliance with this section
25% to 29.9%
10%
Only transitional grading
30% or more
0%
No disturbance permitted
(2) 
No soil shall be excavated, removed, deposited or disturbed within an area of steep or excessive slopes except as a result of and in accordance with the terms of this § 600-175.
(3) 
Proposed disturbances of soil shall be for purposes consistent with the intent of this section and it shall be controlled in a manner that will not cause excessive erosion or other unstable conditions.
(4) 
Provision shall be made for the proper disposition of surface water runoff, both during and post construction, so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary and adequate protective measures shall be provided for downstream properties.
(5) 
Provision shall be made for any structures or protective measures that proposed slopes may require for the protection of the public safety, including, but not limited to, retaining walls, headwalls and fences.
(6) 
Proper facilities have been or will be provided for a safe water supply and for the disposal of sanitary sewage as approved by the Health Officer.
(7) 
Any proposed building or structure or attendant protective measures will not impede the flow of surface waters through any watercourse.
(8) 
Any proposed building or structure shall be of sound engineering design with footings designed to extend to stable soil and/or rock with proper lateral support and that when built may be occupied without peril to the health or safety of the occupants as approved by the Construction Official.
(9) 
Any proposed vehicular facilities including roads, driveways or parking areas shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.
(10) 
All structures shall be constructed in all instances on slopes that do not exceed 25%.
(11) 
All public and private streets and roadways shall follow, to the extent possible, the existing natural terrain and slope. Such improvements shall be constructed in all instances on slopes that do not exceed 25%.
(12) 
Except for minor topographic variations, driveway grades and the soil cuts/fills in areas of steep slopes are critical concerns of this subsection and shall not be constructed unless the Township Engineer or the Planning Board, as the case may be, is assured that the design achieves the highest standards established by this subsection. The connection of any driveway to a street shall be by a vertical curve of sufficient radius to provide a smooth transition. Said vertical curve and driveway profile shall be designed to accommodate the master plan road width. The maximum allowable grade for driveways is 15%. A maximum grade of 2% shall be required for the first 20 feet of driveway, measured from the curbline. The horizontal angle of intersection of a driveway with a street shall not be less than 60°.
(13) 
Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer and subject to the following development conditions:
(a) 
No retaining wall higher than three feet shall be erected within 25 feet of the intersection of any two street rights-of-way or within any sight easement.
(b) 
The maximum height of any retaining wall, measured from any point at ground level, shall be six feet.
(c) 
For the purpose of applying height limits, multiple, staggered or tiered walls, and/or wall/fence combinations shall be considered single units unless the horizontal distance between the top of any section or tier shall exceed 10 feet.
(d) 
All walls greater than four feet in height shall require certification by a professional engineer that the wall was constructed in accordance with approved plans.
(14) 
All cuts/fills shall be supported by retaining walls or other appropriate retaining structures, when, depending upon the nature of the soil characteristics, such structures are found necessary by the Township Engineer in order to prevent erosion and achieve greater soil stabilization.
G. 
Steep and excessive slope area regulations take precedence. In the event of any conflict between any other provision of this chapter and section, the provisions of this § 600-175 shall prevail. In the event of any conflict between any provision of this subsection and any provision of Chapter 475, Soil Erosion and Sediment Control, and Chapter 479, Soil Removal, of this Code, the provisions of Chapters 475 and 479 shall prevail.
[Added by Ord. No. 2-08]
A. 
Purpose. The purpose of this section is to ensure the continuation and expansion of commercial and home agricultural pursuits by encouraging a positive agricultural business climate and protecting the farmer against municipal regulations and 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. 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 architecture and scenic variety.
B. 
Definitions. For the purposes of this section only, the following terms shall be defined as follows:
ACCEPTABLE AGRICULTURAL MANAGEMENT PRACTICES
The agricultural management practices recommended or endorsed by the State Agriculture Development Committee, plus those practices complying with a conservation plan.
AGRICULTURE
The production, principally for the sale to others, of plants, animals, or their products worth $2,500 or more annually, including, but not limited to, forage and sod crops, grain and feed crops, dairy animals and dairy products; livestock, including dairy and beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; including, grapes, nuts and berries; vegetables; trees; nursery, floral, ornamental and greenhouse products, apiary and forest products, and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping. Agriculture shall not include intensive poultry or swine production or extensive animal feedlot operations.
COMMERCIAL FARM
(1) 
A farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
(2) 
A farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.
FARM MARKET
A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of the agricultural output of the commercial farm and, except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.
NUISANCE
Any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated and for which the injured or affected property owner may recover damages.
PICK-YOUR-OWN OPERATION
A direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural or horticultural products.
C. 
The right to engage in agriculture, as defined herein, shall be permitted in all zones, and it shall be presumed that such uses, 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.
D. 
Permitted uses and structures.
(1) 
If the practice of agriculture as defined above is part of the operation of a commercial farm as defined above, then all uses and structures customarily incidental to the operation of a commercial farm shall be permitted accessory uses in the zones set forth herein above, including, but not limited to:
(a) 
The storage, processing and sale of farm products where produced;
(b) 
The use of any and all equipment, including, but not limited to, irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides, and bird control devices,
(c) 
The application of manure, chemical fertilizers, insecticides, pesticides and herbicides;
(d) 
On-site disposal of organic agricultural waste;
(e) 
Clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas, and installation of soil and water conservation practices, and control in accordance with a plan approved by the Morris County Soil Conservation District.
(f) 
Transportation of slow moving equipment over roads within the municipality;
(g) 
Utilization of tractors and other necessary equipment;
(h) 
Housing and employment of farm laborers;
(i) 
Erection of essential agricultural buildings, including those dedicated to the processing and packaging of the output of the commercial farm and ancillary to agricultural and horticultural production;
(j) 
The conducting of farm practices at any and all times when necessary;
(k) 
The grazing of animals and use of range for fowl;
(l) 
The raising and keeping of farm animals, including pets, pastoral farm animals (dairy and beef cattle, sheep and goats), swine, fowl, horses, ponies and mules, provided that proper sanitation standards, minimum acreage limits and boundary sizes between fencing or enclosures and adjoining properties are established.
(m) 
Conduction of agriculture-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained;
(n) 
The operation of a farm market with attendant signage, including the construction of building and parking areas in conformance with Township standards;
(o) 
The operation of a pick-your-own operation with attendant signage;
(p) 
Replenishment of soil nutrients and improvement of soil tilth; and
(q) 
Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.
(2) 
Commercial farm operators may engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.).
E. 
Commercial farm operators are strongly advised to adhere to generally accepted agricultural management practices that have been:
(1) 
Promulgated as rules by the State Agriculture Development Committee;
(2) 
Recommended as site-specific agricultural management practices by the Morris County Agriculture Development Board;
(3) 
Approved by the local soil conservation district in the form of a farm conservation plan that is prepared in conformance with the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998, as amended and supplemented; or
(4) 
Recommended by the Rutgers Agricultural Experiment Station.
F. 
The foregoing activities must be in conformance with applicable federal and state law.
G. 
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
H. 
It is hereby determined that whatever nuisance may be caused to others by these foregoing uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
I. 
Any person aggrieved by the operation of a commercial farm shall file a complaint with the Morris County Agriculture Development Board or the State Agriculture Development Committee in counties where no county board exists prior to filing an action in court.
J. 
An additional purpose of this section is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near commercial farms of accepted activities or practices associated with those neighboring farms. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture or in an Agricultural Development Area, meaning an area identified by the Morris County Agriculture Development Board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee.
(1) 
Disclosure shall be required whenever lots are sold by a developer who has received approval of a subdivision application on or after the effective date of this section.
(2) 
The disclosure required by this section is set forth herein, and shall be made a part of, the following disclosure form:
Real Estate Transfer Disclosure Statement
This disclosure statement concerns the real property situated in the Township of Denville described as Block _______, Lot _______. This statement is a disclosure of the conditions of the above described property in compliance with Ordinance No. 2-08 of the Township of Denville. It is not a warranty of any kind by the seller(s) or any agent(s) representing any principal(s) in this transaction, and is not a substitute for any inspections or warranties the principal(s) may wish to obtain.
I.
Seller's Information
The seller discloses the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. The following are representations made by the seller(s) as required by the Township of Denville and are not the representation of the agents, if any. This information is a disclosure and is not intended to be part of any contract between the buyer and seller. The Township of Denville permits the operation of generally accepted agricultural management practices within the municipality. If the property you are purchasing is located near land actively devoted to commercial agriculture or in an agricultural development area, meaning an area identified by the Morris County Agriculture Development Board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee, you may be affected by these agricultural activities or practices. The effect of these activities or practices may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24 hour period, storage and disposal of manure and compost, and the application by spraying or otherwise of fertilizers, soil amendments, herbicides and pesticides. One or more of the effects described may occur as the result of any agricultural operation which is in conformance with existing federal and state laws and regulations and accepted customs and standards. If you live near an agricultural area, you should strive to be sensitive to the needs of commercial farm operators, as their presence is a necessary aspect of an area with a strong rural character and a strong agricultural sector. The State Agriculture Development Committee has established a formal complaint process to assist in the resolution of any disputes which might arise between residents of the Township of Denville regarding the operations of commercial farms. Seller certifies that the information herein is true and correct to the best of seller's knowledge as of the date signed by the seller.
Seller
Date
Seller
Date
II.
Buyer(s) and seller(s) may wish to obtain professional advice and/or inspections of the property and to provide for appropriate provisions in a contract between buyer and seller(s) with respect to any advice/inspections/defects.
I/We acknowledge receipt of a copy of this statement.
Seller
Date
Buyer
Date
Seller
Date
Buyer
Date
Agent representing seller
By
Date
[Added by Ord. No. 24-10]
A. 
Purpose. The governing body of the Township of Denville does herein find that regulation of outdoor lighting is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or unnecessary sky glow; and also that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security.
B. 
All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the requirements as specified below:
(1) 
Adequate lighting shall be provided for parking areas during the period when the facility is in operation between 1/2 hour before sunset and 1/2 hour after closing. In addition, the premises shall have adequate lighting for security purposes during the period when the facility is not in operation. Battery or other emergency backup power shall be provided in order to maintain correct timing of lighting in the event of a power failure. All exterior lighting shall meet the following criteria:
(a) 
All lights shall be focused downward so that the direct source of light is not visible from adjoining streets or properties.
(b) 
No light source shall exceed a height of 18 feet.
(c) 
All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 150°.
(d) 
The light intensity provided at ground level shall be a minimum of 0.5 footcandle anywhere in the parking area and shall average a minimum of one footcandle over the entire parking area.
(e) 
The light intensity shall not exceed 0.5 footcandle along any property line or 0.3 footcandle at a residential property line.
(f) 
For each fixture, including illuminated signs, the total quantity of light radiated through the face surface shall not exceed two footcandles when measured from a distance of six feet from the face of the sign.
(g) 
Provision shall be made for reduction in the intensity of illumination to the minimum needed for security purposes when the facility is not in operation.
(h) 
Shoebox style light fixtures shall be provided unless other styles are approved by the Planning Board or Board of Adjustment. The style of any light or light standard shall be consistent with the architectural style of the principal building.
(i) 
Freestanding lights shall be protected to avoid being damaged by vehicles.
(j) 
Spotlights and floodlights shall be located and directed so as not to project light beyond the surface being lighted or to create a nuisance or hazard.
(k) 
Whenever possible, walkways shall be lighted with low or pathway-type fixtures.
(l) 
Except for holiday lighting, flashing, moving or rotating lights are prohibited.
(2) 
Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform, shall use a narrow cone beam of light that will not extend beyond the illuminated object.
(3) 
Outdoor lighting energy conservation.
(a) 
All outdoor lighting not necessary for security purposes shall be reduced, activated by motion sensor devices or turned off during non-operating hours. Illuminated signs are excluded from this requirement.
(b) 
All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.
(4) 
Submission of plans. Plans and evidence of compliance shall include the following.
(a) 
Description of outdoor light fixtures, including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles and including manufacturers' catalog cuts.
(b) 
Locations and description of every outdoor light fixture and hours of operation.
(c) 
Maintained horizontal luminance shown as footcandles (after depreciation).
[1] 
Maximum.
[2] 
Minimum.
[3] 
Average, during operating and non-operating hours.
[4] 
Average to minimum uniformity ratio.
(d) 
Computer generated photometric grid showing footcandle readings every 10 feet and the average footcandles.
(e) 
Foundation details for light poles.