A.
Schedule
created; conformance required. Structures and improvements erected,
constructed or altered within the Borough of Montvale shall be located
on the lot, designated and constructed in conformity with the restrictions
set forth in the Limiting Schedule of this chapter of the Borough
of Montvale.
[Amended 7-13-1993 by Ord. No. 93-951]
B.
Requirements.
Said schedule contains the requirements for the maximum height of
structures, in feet and in stories; the minimum size of lots; the
maximum number of families per lot or the maximum residential density
expressed in dwelling units per acre; the maximum area covered by
buildings, structures or improvements; the requirements for minimum
depth of front yard setback lines; the requirements for mandatory
open spaces such as side yards and rear yards; the requirements for
minimum lot area and minimum lot width; the minimum floor area of
the R-40, R-15 and R-10 Zones; and the maximum floor area ratio.
[Amended 8-9-1994 by Ord. No. 94-974]
C.
Limiting Schedule. The Limiting Schedule is included as an attachment to this chapter.
[Amended 8-9-1994 by Ord. No. 94-974]
D.
Limiting Schedule for Affordable Housing Districts for Second Fair Share Cycle. The Limiting Schedule for Affordable Housing Districts for Second Fair Share Cycle is included as an attachment to this chapter.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 2-24-2004 by Ord. No. 2004-1216]
E.
Limiting Schedule for Affordable Housing Districts for Third Fair Share Cycle. The Limiting Schedule for Affordable Housing Districts for Third Fair Share Cycle is included as an attachment to this chapter.
[Added 12-14-2004 by Ord. No. 2004-1228; amended 9-13-2005 by Ord. No. 2005-1243]
[Added 9-10-1991 by Ord. No. 91-927;
amended 6-14-1994 by Ord. No. 94-968]
To the extent that any property owner whose land abuts Chestnut Ridge Road between its intersection with the territorial boundary line of the Borough of Woodcliff Lake and the Borough of Montvale and the territorial boundary line between the State of New York and the Borough of Montvale or along Grand Avenue West from the point of intersection of said Grand Avenue West with the easterly side of Blue Sky Lane easterly to the westerly side of Spring Valley Road or along Summit Avenue from the point of intersection of said Summit Avenue with the northerly side of Grand Avenue West northeasterly to the westerly side of Chestnut Ridge Road and who shall contribute, without consideration, lands for a county or municipal road improvement program, the application of the maximum floor area ratio and improved lot coverage provisions of Chapter 400, Zoning, of the Borough of Montvale shall be determined by the area of each respective lot prior to the contribution of lands for the stated purpose.
[Added 1-31-2012 by Ord. No. 2012-1350]
The maximum building height shall be as stated in the Limiting
Schedule, except that this specified height shall not apply to church
steeples, chimneys and flagpoles. The height of ventilators, skylights,
air-conditioning and any other apparatus which may be carried on the
roof level shall be screened and shall not exceed the height limitation
unless the Planning Board shall have determined that an exception
to the height limitation herein specified is reasonably necessary
and does not adversely affect the intent and purpose of this chapter
and zone plan and is not injurious to the public welfare. The Planning
Board shall be guided, when determining whether there should be an
exception to the height limitations imposed by this chapter, by the
following standards:
A.
Not more than 25% of the roof
area is devoted to such appurtenances.
B.
Provision is made for architectural
screening in harmony with the architecture of the building so that
such equipment is not visible from surrounding properties or streets.
C.
That it is not feasible to locate
such appurtenances other than on the roof.
|
NOTE: These provisions were previously located as Footnote 1
of the Limiting Schedule and have been moved here to be part of the
text of this chapter.
|
[Added 11-10-1994 by Ord. No. 94-984]
Except for the permanent placement of utilities,
no construction of any nature shall be permitted on any portion of
any property which exhibits a predisturbance topographic slope of
15% or greater.
[Added 8-9-1994 by Ord. No. 94-974]
A.
The Master Plan
of the Borough of Montvale has designated the following properties
and parts of properties, identified by block and lot number as the
same appears on the current Tax Assessment Map, as being reserved
for prospective public parkland, recreation and open space purposes:
|
Parcel
|
Block
|
Lot
|
Area
(acres)
|
|---|---|---|---|
|
1
|
102
|
1
|
9.22
|
|
2
|
302
|
4 (Partial contiguous
| |
|
1002
|
7 parts of properties)
|
13.19
| |
|
3
|
1201
|
10
|
10.00
|
|
4
|
1301
|
24, 27
|
6.86
|
B.
All of the foregoing
properties and parts of properties are in the R-40 Zoning District,
and such zoning is hereby confirmed.
C.
In the event that an application is made for the development of any of the foregoing properties, the Borough of Montvale shall determine within the time provided by the general and statutory laws of the State of New Jersey whether to acquire the subject property for its reserved use. If the Borough of Montvale determines not to so acquire the subject property and the property is subsequently developed, the Borough shall finance the affordable housing units, calculated in accordance with the following, which could otherwise have been provided if the property had been designated as being within the AH-6 Zoning District. Financing for this procedure shall be in accordance with Article V of Chapter 65 of the Code of the Borough of Montvale.
D.
All applications
for the development of any of the foregoing properties shall be accompanied
with a calculation of the affordable housing units which could otherwise
have been provided if the property had been designated as being within
the AH-6 Zoning District, said calculation being made pursuant to
the following criteria and information, all of which shall also be
filed with the application:
(1)
A survey, signed and sealed by a licensed land surveyor of the State of New Jersey, shall be prepared and submitted to the Planning Board of the Borough of Montvale, in accordance with the requirements of Chapter 350, Subdivision of Land.
(2)
The gross
area of the property shall be calculated and so indicated on the survey.
With respect to foregoing Parcel 2, the gross surveyed area shall
be no larger than 13.19 acres.
(3)
The following
shall be delineated on the survey and the area of each shall be calculated
and deducted from the gross land area:
(a)
Any street
dedication or easements established for street widening purposes.
(b)
Any area
100 feet distant from a property that is designated as an historic
site on the State of New Jersey Registry or on a National Historic
Registry.
(c)
Any wetlands
or required wetlands buffer areas as substantiated by a letter of
interpretation from the New Jersey Department of Environmental Protection
concerning the location of the wetlands, the quantum of the wetlands
and the depth of the wetland buffers as required by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
Any area
of the subject property which contains slopes of 15% or greater shall
be designated on the plan, and no development shall be permitted in
any area on a site that is so indicated. The total limits of such
steep-sloping lands shall be calculated based upon two-foot topographic
contour intervals as indicated on a plot plan, signed and sealed by
a licensed land surveyor in the State of New Jersey.
(4)
The net land area resulting from the computations identified in foregoing Subsection D(3) shall then be designed in concept to determine the maximum number of housing units that can be accommodated on the residual site. The standards to be employed will be in accordance with the area, yard, bulk, buffer and use regulations established for the AH-6 District. No variances or waivers from the requirements thereof shall be considered in the concept design of the site.
(5)
The concept
design of the site shall identify the number of buildings, the total
number of housing units, the building heights and requisite setbacks
of all buildings and coverage requirements, including all roadways,
off-street parking, buffer areas and all other required ancillary
facilities, including detention/retention basins, etc. The sum of
all housing units so indicated within the net land area shall be multiplied
by a factor of zero and 0.20 and then rounded to the next highest
whole number if a fractional part greater than 0.500 results or rounded
to the next lowest whole number if a fractional part equal to or less
than 0.500 results.
[Added 9-9-1997 by Ord. No. 97-1067;
amended 10-14-2003 by Ord. No. 2003-1202; 1-31-2012 by Ord. No. 2012-1350]
A.
Other than multilevel parking garages permitted in the OR-4 District pursuant to § 400-55, the following regulations shall apply:
(1)
Any accessory building or
structure not otherwise provided for under this Code shall be no more
than 12 feet in height.
(2)
No accessory building or
structure shall be located within any required front yard or within
the one-third portion of any required rear yard which is most proximate
to the rear property line or within the two-thirds portion of any
required side yard which is most proximate to the side property line.
(3)
No accessory building or
structure shall exceed 30% of the principal structure's footprint.
(4)
Tents or membrane structures
shall comply with all zoning requirements as accessory structures
and be limited to one structure per lot.
B.
Any accessory building or structure
which is connected to a principal building shall be considered part
of the principal building and shall meet the same bulk, yard and area
requirements for principal buildings in that district.
[Added 1-26-1993 by Ord. No. 92-940]
A.
Application
and permit required for berms. No berm shall be constructed, reconstructed
or otherwise created on any lands within the Borough of Montvale except
on application to the Building Department of the Borough of Montvale,
and the issuance of a permit upon it having been determined by the
Department that the establishment of said berm as aforesaid conforms
to the requirements hereinafter set forth.
B.
Construction
standards for berms.
(1)
Height. The
maximum height of any berm to be constructed or otherwise created
shall not exceed four feet from the natural grade of the ground directly
below.
(2)
Slope. The
maximum slope permitted between the top of a berm and its toe shall
not at any point exceed one foot vertical for every two feet horizontal
on the natural grade.
(3)
Materials.
Berms shall be constructed of soil and other suitable material capable
of sustaining ground cover sufficient to prevent erosion and deterioration
of the berm.
(4)
Erosion.
(a)
Berms
as constructed shall be planted with a ground cover or other suitable
material as will prevent erosion and deterioration of the berm.
(b)
It shall
be the responsibility of the property owner on whose lands said berm
is located to maintain the integrity of said berm and its ground cover,
free of weeds and debris and in a manner as will protect its continued
integrity.
(5)
Fencing.
No fence shall be permitted to be constructed on any berm the maximum
height of which exceeds the maximum vertical distance permitted for
the erection of fences as otherwise specified in this Code when measured
from the natural grade directly below the highest point of such fence.
(6)
Distance
from property boundary lines. The toe of the slope of any berm to
be constructed shall be located at least six feet interior of any
property boundary line of the property on which said berm is to be
constructed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
Topographical
survey required. Each application for the issuance of a permit to
construct a berm shall be accompanied by a topographical survey reflecting
the existing and proposed grades along the entire length of the berm
at two-foot intervals.
(8)
Sight distances.
Notwithstanding anything herein to the contrary, no berm shall be
constructed to a height which shall violate any provision of this
Code requiring that a minimum sight distance be maintained along any
public street or road or the intersection of any driveway and a public
road, nor shall such berm be constructed in whole or in part within
any right-of-way, notwithstanding said right-of-way may not be improved.
[Amended 3-11-2003 by Ord. No. 2003-1190; at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
Notwithstanding anything herein to the contrary, a fence as defined in Chapter 196, Fences, may be constructed upon application as herein provided to a height of not more than six feet to provide a privacy area or kennel, provided that said fence does not extend more than 25 linear feet in length nor create an enclosed area of more than 200 square feet, and provided further that no such fence shall be located closer than 15 feet to any property boundary line.
[Added 11-29-2022 by Ord.
No. 2022-1526]
The requirements set forth in § 326-12, Performance standards, shall be deemed to be zoning requirements, and compliance with said standards shall be required by all applicants for zoning approval. Any deviation from the requirements of this section and § 326-12 shall be deemed to require a zoning variance.
