[Added 12-30-1996 by Ord. No. 96-1047; amended 4-8-1997 by Ord. No. 97-1053; 4-28-1998 by Ord. No. 98-1089; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. ALZHEIMER'S DISEASE AND RELATED DISORDERS COMMUNITY RESIDENCE FOR PERSONS WITH DEVELOPMENTAL DISABILITIES COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES COMMUNITY RESIDENCE FOR PERSONS WITH TERMINAL ILLNESSES COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE DEMENTIA PERSON WITH HEAD INJURY
Terms defined. Certain words in this section are defined for the purpose thereof as follows:
A form of dementia characterized by a general loss of intellectual abilities of sufficient severity to interfere with social or occupational functioning.
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 persons with developmental disabilities or with mental illnesses, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et al.). In the case of such a community residence housing persons with mental illness, the residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to procedures as shall be established by regulation of the Division of Mental Health and Addiction Services in the Department of Human Services. As used in P.L. 1978, c. 159 (N.J.S.A. 40:55D-66.1 et seq.), "person with a developmental disability" means a person with a developmental disability as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "person with a mental illness" means a person with a mental illness as defined in Section 2 of P.L. 1987, c. 116 (N.J.S.A. 30:4-27.2), but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
A community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et al.).
Any community residential facility operated as a hospice program providing food, shelter, personal guidance, and health care services, under such supervision as required, to not more than 15 persons with terminal illnesses.
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
A chronic or persistent disorder of the mental processes due to organic brain disease, for which no curative treatment is available, and marked by memory disorders, changes in personality, deterioration in personal care, impaired reasoning ability, and disorientation.
A person who has sustained an injury, illness, or traumatic changes to the skull, the brain contents, or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social, or physical functioning which causes the person to have a partial or total disability, but excluding a person with Alzheimer's disease and related disorders or other forms of dementia.
B.
Community residences for persons with developmental disabilities, community shelters for victims of domestic violence, community residences for persons with terminal illnesses, community residences for persons with head injuries, and adult family care homes for persons who are elderly and adults with physical disabilities shall be a permitted use in all residential districts in the Borough, and the requirements therefor shall be the same as for single-family dwelling units located within such districts.
[Added 12-8-1987 by Ord. No. 87-849; amended 6-14-2016 by Ord. No. 2016-1416]
The following restrictions shall apply to all schools in the Borough:
A.
Minimum lot area shall be 10 acres.
C.
Maximum floor area ratio shall be 40%.
D.
Maximum building height shall be two stories and 45 feet.
E.
Maximum building coverage shall be 30%.
F.
Recreation areas and parking.
(1)
No parking shall be permitted within 50 feet of any property line.
(2)
No active recreation area shall be permitted in the front yard or located within 75 feet of a property line or within 15 feet of a parking area or driveway.
(3)
All recreation and parking areas shall be screened from view from all adjacent residential uses. The screening shall be provided by a fence, wall, berming or planting which will create a dense complete visual screen to a minimum height of six feet. The height of the fence, wall, berm or planting should be designed relative to the property being screened and shall be subject to the approval of the board of jurisdiction. The general design, form, and materials of fences or walls should be aesthetically pleasing from all sides. Planting should be included in conjunction with any fence or wall or berm. If planting alone is provided, then a double staggered row of dense evergreen plants shall be specified. The installed and mature height of the plants must be responsive to the height of the property being screened and the views from adjacent areas, and shall be subject to the approval of the board of jurisdiction. Site plan submission shall include an illustrative cross-section drawing demonstrating the effectiveness of the screening.
G.
There shall be no outdoor activities after 10:00 p.m.
H.
All exterior lighting, except that required for security, shall be turned off between 10:00 p.m. and 6:00 a.m.
J.
In addition to the area, yard and bulk requirements set forth herein, the use shall also meet the following conditions with respect to off-street parking and traffic control:
(1)
A minimum of one space per teacher or employee, plus 10%, plus an additional space for every two students in 12th grade.
(2)
Sufficient space shall be provided for dropoff and pickup of students on the school property proper, so as to prevent overflow and stacking of vehicles on any public street.
K.
Boarding schools shall not be permitted in a zone unless specifically permitted (i.e., where only schools or public and private schools are permitted, boarding schools are prohibited).
L.
In the event of any conflict between the requirements of this section and any generally applicable regulations in the zone district in which the school is located, the more restrictive requirement shall govern.
M.
Compliance with the regulations as promulgated by the New Jersey State Board of Education shall be required.
[Added 6-14-2016 by Ord. No. 2016-1416]
A.
A church, temple or other house of worship may consist of the following primary use, together with a combination of one or more of the following accessory uses:
(1)
Primary use. A place of assembly for religious services or worship.
(2)
Accessory uses.
(a)
An apartment, group of rooms, or other residence for the facility's religious leader within the same building as the place of assembly for religious services or worship, or in a separate structure, hereinafter referred to as "cleric's residence."
(b)
Facilities for education and instruction including but not limited to after-school learning, day care, or any other type of education or instruction within the same building or structure as the place of assembly for religious services or worship, or in a separate building or structure, hereinafter referred to as "educational facilities." For purposes of this subsection, educational facilities do not include facilities that meet the definition of "school."
(c)
Facilities for social functions, such as, but not limited to, weddings, funerals, bar/bat mitzvahs, dances, banquets, dinners and other similar events within the same building or structure as the place of assembly for religious services or worship or in a separate building or structure, hereinafter referred to as "social facilities."
B.
Standards.
(1)
The minimum lot area shall be as follows:
(a)
Church, temple or house of worship only: five acres.
(2)
The maximum floor area ratio for all buildings shall be 25%.
(3)
The maximum building coverage shall be 25%.
(4)
Setbacks.
(a)
Minimum front yard setback shall be 75 feet.
(b)
Minimum side and rear yard setbacks shall be 100 feet.
(c)
Notwithstanding anything else in this section, the setback requirements for a separate clergyman's residence located on the same premises as a house of worship need only satisfy the requirements established for other residences in the zone in which it is located.
(5)
Maximum building height shall be two stories and 45 feet, except that a cleric's residence shall comply with the requirements established for other residences in the zone in which it is located.
(6)
Recreation areas and parking.
(a)
No parking shall be permitted in the front yard or within 50 feet of any property line.
(b)
No active recreation area shall be permitted in the front yard or located within 75 feet of a property line.
(c)
All recreation and parking areas shall be screened from view from all adjacent residential uses. The screening shall be provided by a fence, wall, berming or planting which will create a dense, complete visual screen to a minimum height of six feet. The height of the fence, wall, berm or planting should be designed relative to the property being screened and shall be subject to the approval of the board of jurisdiction. The general design, form, and materials of fences or walls should be aesthetically pleasing from all sides. Planting should be included in conjunction with any fence or wall or berm. If planting alone is provided, then a double staggered row of dense evergreen plants shall be specified. The installed and mature height of the plants must be responsive to the height of the property being screened and the views from adjacent areas, and shall be subject to the approval of the board of jurisdiction. Site plan submission shall include an illustrative cross-section drawing demonstrating the effectiveness of the screening.
(7)
There shall be no outdoor activities after 10:00 p.m.
(8)
All exterior lighting, except that required for security, shall be turned off between 10:00 p.m. and 6:00 a.m.
(10)
In addition to the area, yard and bulk requirements set forth herein, churches, temples and other houses of worship shall also meet the following conditions with respect to off-street parking:
(a)
A church, temple or other house of worship consisting solely of a place of assembly for religious services or worship shall provide one parking space for each three permanent or fixed seats based on seating capacity. Any church, temple or other house of worship not having permanent or fixed seating shall provide one parking space for each three persons based on the maximum capacity of the facility, which shall be calculated by taking the total square footage of the place of assembly for religious services or worship and dividing it by the square footage of space allotted to each person in attendance as determined by application of the Fire Department Occupancy Load Code.
(11)
In addition to the off-street parking required for a place of assembly for religious services or worship, there shall be provided the following off-street parking:
(a)
For a cleric's residence: two parking spaces.
(b)
For educational facilities: 1.5 parking spaces for every teacher or instructor for children under the age of 17.
(c)
For adult education: two parking spaces for each three persons age 17 or over participating in the educational program, plus one parking space for every teacher or instructor.
(d)
For social facilities: one parking space for each three persons based on the maximum capacity of the facility as determined by application of the Fire Department Occupancy Load Code, plus 10%.
(12)
In the case of a church, temple or other house of worship and an affiliated school, the two uses shall be both permitted as primary uses on the same lot. The standards enumerated for schools in § 400-79 shall take precedence; however, the more restrictive parking standards of two uses shall apply.
[Added 4-8-2003 by Ord. No. 2003-1194]
A.
"Gasoline stations," "gasoline filling stations" or "gasoline service stations," as used in this chapter, shall be held to mean and are hereby defined as meaning any building, structure or premises, enclosure or other place within the Borough where a container or containers, tank or tanks, and containing either gasoline, oil or other motor vehicle fuel, or other inflammable liquids, are kept or located for the purpose of selling, offering for sale or distributing any such liquids from such containers, tank or tanks, and as any place or premises where gasoline or other motor fuel is offered for sale to the public and deliveries are made directly into motor vehicles and which may provide for the maintenance, service, storage or washing of motor vehicles or the sale of automobile equipment or accessories.
B.
To promote the general health, safety and welfare of the community, and due to the nature of their use, including their peculiar degree of danger to life and property, their propensities for emanation of noxious odors, fumes and noise, and the traffic considerations and safety hazards attendant with the conduct of their business, gasoline service stations shall be considered conditional uses in the B-1, B-2, OR-1, OR-2, OR-3 and OR-4 Zones of the Borough of Montvale Zoning Map.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
No gasoline service station shall be permitted in the B-1, B-2, OR-1, OR-2, OR-3 and OR-4 Zones unless in conformance with the following conditions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Such use shall have a street frontage of at least 100 feet and an average depth of at least 150 feet.
(2)
The walls of any building or structure, other than gasoline or oil-filling devices, shall be set back at least seven feet from any adjoining property line and at least 25 feet from every adjoining property line and at least 25 feet from any street right-of-way line, unless the gasoline service station abuts a residential zone, then the minimum side or front yard setback for the residential zone shall apply.
(3)
The entrance and exit driveway or driveways to and from any gasoline service station shall be at least 18 feet wide but not more than 25 feet wide, located at least 10 feet from any adjoining property line and at least 20 feet from the corner of any intersecting public streets. Driveways shall be designed so that exiting vehicles do not have to back out onto any public sidewalk, street or right-of-way.
(4)
The nearest boundary line of the lot or parcel of land so to be used is at least 1,500 feet from any boundary line of property which is used as, or upon which is erected:
(a)
A public or private school;
(b)
A church, synagogue, mosque or other place of worship or religious gathering;
(c)
A hospital or medical clinic;
(d)
A public library, civic center or other publicly owned and utilized building;
(e)
A theatre or other building or structure open to the public and used or intended to be used as a place of public gathering or public entertainment;
(f)
A public playground, recreational field or facility;
(g)
A fire house, fire station, police station, or ambulance squad building;
(h)
Railroad tracks, railroad train stations, or railroad easements or rights-of-way;
(i)
An existing gasoline service station or gasoline filling station.
(5)
A curbed, landscaped area, at least five feet wide, shall be installed and maintained and shall extend across the front and any other street line abutting the public sidewalk, and no sign or other object or device shall be parked or placed thereon. A landscaped buffer of at least five feet shall be required along all side and rear property lines.
(6)
All vehicle services or repairs shall be conducted within the confines of a building, except the sale and supply of oil and gasoline and the filling of tires, windshield-washing-fluid reserves and batteries, and other services customarily incidental to the sale of gasoline, oil and automobile supply and accessories.
(7)
In any gasoline service station, storage facilities for gasoline, oil or other flammable materials in bulk over 55 gallons shall be located wholly underground. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building or structure.
(8)
Every gasoline or oil filling device shall be located at least 15 feet from any street right-of-way line. Side and rear setbacks of at least 10 feet are required when adjoining a nonresidential use and at least 20 feet when adjoining a residential use or zone.
D.
This section shall in no way alter or restrict the power and authority of the Mayor and Council to regulate gasoline filling stations pursuant to Chapter 218 of the Montvale Borough Code, nor the requirement to obtain a license from the Mayor and Council for the operation of the business of a gasoline filling station under Chapter 218 of the Montvale Borough Code.
[Added 9-9-2008 by Ord. No. 2008-1291]
A.
Public utility facilities, as defined in this chapter, shall be conditionally permitted uses in all nonresidential zones in the Borough of Montvale, subject to the conditions set forth in § 400-82B. Public utility facilities shall not be permitted uses in any residential zones in the Borough of Montvale. Public utility conduits, as defined in this chapter, shall be permitted in all zones in the Borough of Montvale. However, such conduits, where located on privately owned property or property owned by a public utility provider, and not in the public right-of-way, and when located above grade, such as pylons, poles or aboveground pipes, wires or lines, shall be subject to supplementary standards as set forth in § 400-82C.
B.
Conditional use standards for public utility facilities.
(1)
The applicant shall provide proof that a new facility or an expansion of an existing facility must be provided above ground in a specific location as is necessary for the effective and efficient operation of the public utility system, and for the convenience and safe service by the utility to the neighborhood or community in which the particular facility is to be located.
(2)
The design of any building or facility utilized to provide a public utility service shall conform to the general character of the area.
(4)
All of the area, yard and building coverage requirements of the respective zones in which the building or facility is located shall be met.
(5)
Noise emanating from the public utility facility shall meet the noise standards of the State of New Jersey.
(6)
Adequate fencing and other safety devices and precautions, including day-to-day operations procedures, shall be provided as necessary to protect the public health, safety and welfare of the community.
C.
Supplementary standards for public utility conduits
(1)
Wherever a public utility conduit is not installed within a public right-of-way, an appropriate utility easement of not less than 20 feet shall be provided.
(2)
All public utility conduits, including the distribution supply lines and connections, shall be installed underground, except that lots which abut streets with overhead electric, telephone or cable or internet distribution supply lines and service connections may be supplied with such service from the existing overhead lines, but the service connections shall be installed underground.
(3)
In the case of existing overhead utilities, should a road widening or an extension of service or other condition occur as a result of development and necessitate replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.
(4)
Where overhead conduits or lines are permitted as an exception, the alignment and pole location shall be routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment by planting trees or other vegetation in open areas at key locations to minimize views of poles and alignment, by following rear lot lines and other interior locations and similar design and location considerations to minimize the visual impact of such lines.
(5)
Where public utility conduits are located underground on private property or properties owned by a public utility provider, such areas shall be planted with grass, green cover or treated with other suitable cover material.
D.
Buffer requirements for public utility facilities. Except for public utility structures, such as poles, wires, pipes or other conduits, which are above the ground or underground, where an application has been submitted for a new public utility facility or an addition or expansion of a public utility facility, a buffer area shall be provided either directly adjacent to all property lines or directly adjacent to the facility itself on all sides, as follows:
[Added 9-9-2008 by Ord. No. 2008-1291]
[Added 10-9-1984 by Ord. No. 84-788; amended 3-13-1990 by Ord. No. 90-895; 8-13-1996 by Ord. No. 96-1034]
A.
The express and stated purpose of this section is to preserve the general welfare and community well-being of the Borough of Montvale by preserving and maintaining an aesthetically pleasing environment in a manner which will also ensure access to satellite communications services. Satellite earth stations, commonly referred to as "dish antennas," shall be continued as conditional accessory uses under those terms and conditions as specified herein. Otherwise, any such use shall not be permitted.
B.
Within any of the residential districts of the Borough of Montvale, and excepting only satellite earth stations which are one meter or less in diameter, which stations shall be exempt from the provisions hereof, those conditions and requirements to be satisfied as a prerequisite to the establishment of satellite earth stations are as follows:
(1)
Each station must be accessory to a principal structure located on the same lot as the principal use to which it is accessory.
(2)
The location of stations shall be limited to the rear yard.
(3)
Each station shall be a freestanding structure and shall not be located closer than 15 feet to any side or rear yard lot line.
(4)
Each satellite station shall be effectively screened by nondeciduous plantings, to be approved by the Planning Board, which plantings shall from the time of construction of said station obscure the same from the view of any adjacent property or public street.
(5)
No permitted dish antennas shall have a diameter in excess of nine feet, nor shall the height of any such dish antennas exceed 10 feet, measured from the average grade elevation around its base.
(6)
The overall height from the ground level to the lowest point of the satellite earth station shall not exceed two feet.
(7)
No lot shall contain more than one satellite earth station.
C.
Within any of the nonresidential districts of the Borough of Montvale, and excepting only satellite earth stations which are two meters or less in diameter, which stations shall be exempt from the provisions hereof, those conditions and requirements to be satisfied as a prerequisite to the establishment of satellite earth stations are as follows:
(1)
Each station must be accessory to a principal structure located on the same lot as the principal use to which it is accessory.
(2)
The location of satellite earth stations shall be limited to the rear yard if located on the ground, or the roof if the same are intended to be appended to an existing principal building, and not elsewhere.
(3)
Each station located on the ground and within the rear yard as aforesaid shall be located in the interior of any required rear or side yard setback and shall not be located closer than 15 feet to any side or rear lot line.
(4)
Where the satellite earth station is located on the ground, the same shall not have a diameter in excess of 10 feet, nor shall the vertical distance from the highest point of the station to the ground below exceed 12 feet, measured from the average grade elevation around its base; provided, further, that the lowest point of the station shall not exceed 2 1/2 feet to the ground below, measured from the average grade elevation around its base.
(5)
Where the satellite earth station is to be located on the ground, the greater area of the base on which the station is to be affixed or the area of the plane of the station formed by its horizontal projection on the ground below shall be considered in calculating lot coverage and improved lot coverage with respect to the subject lot.
(6)
Each satellite earth station located on the ground shall be effectively screened by nondeciduous plantings, to be approved by the Planning Board, which plantings shall from the time of construction of said station obscure the same from the view of any adjacent property or public street.
(7)
Where the station is to be affixed to the roof of a principal structure to which it is intended to be accessory, it shall be effectively screened with suitable materials which shall complement and form a harmonious and comprehensive part of the principal structure in a manner as shall obscure the station's view from any adjacent property or public street, highway or thoroughfare; provided, further, that the area of the horizontal projection of the station on the roof shall be considered in determining the maximum area of the roof to be covered by furnishings and fixtures as is otherwise provided for in this Code; and provided, further, that the highest point of the station shall not exceed the height limitation prescribed for buildings within the districts wherein the same is to be located.
(8)
No lot shall contain more than one satellite antenna.
(9)
As a prerequisite to the installation of a satellite earth station, application shall be made to the appropriate approving authority as in the instance of other forms of development.
[Amended 2-9-2010 by Ord. No. 2010-1317]
In all nonresidential districts, no article or material shall be kept, stored or displayed outside the confines of a building unless the same shall be screened by special plantings and/or a fence, as approved by the Planning Board, so that the same is not visible from any adjacent lot or public street; provided, however, that this provision shall not prohibit the outdoor display of merchandise for advertising purposes, which display conforms to the following requirements:
B.
The said display area is separate and apart from any required sidewalk located within six feet of the curbline, off-street parking or loading areas or any public sidewalk, street or right-of-way and in no way obstructs any required emergency lanes and or lines of site.
C.
The said display area is to be located in other than the areas reserved in the Limiting Schedule for the minimum side yard and rear yard setbacks as they relate to the area in which the aforesaid display is intended.[1]
[1]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
[Added 12-14-1993 by Ord. No. 93-954]
A. MULTIFAMILY HOUSING DEVELOPMENT RECYCLING AREA
As used in this section, the following terms shall have the meanings indicated:
A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
Space which is allocated for the collection or storage of source-separated recyclable materials.
B.
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to P.L. 1987, c. 102, § 3 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Municipal Master Plan, adopted pursuant to P.L. 1987, c. 102, § 26.
C.
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster. The recycling area shall not be located within the front yard of any property nor within any area where any other provision of this chapter would prohibit the siting of off-street parking or loading.
D.
The recycling area shall be well-lit with lighting that shall be so arranged and shielded so as to reflect the light downward and away from all adjoining properties and streets. The recycling area shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.
E.
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.
F.
Signs clearly identifying the recycling area and the materials accepted therein and that are in conformity with the dimensional and height requirements of Article IX, Signs, shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G.
Landscaping shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner that screens the area from the view of adjoining properties or streets. Where it is demonstrated to the satisfaction of the approving authority that landscaping is not practical to accomplish the stated purpose, appropriate fencing may be utilized in lieu thereof.
[Added 8-14-2018 by Ord. No. 2018-1459]
A. ELECTRONIC SMOKING DEVICE LIQUID NICOTINE LIQUID NICOTINE CONTAINER VAPOR ESTABLISHMENT VAPOR PRODUCT
Wherever used in this chapter, the following terms shall have the meaning indicated:
Any noncombustible product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size and which can be used to deliver nicotine or other substances in a solution, vapor or any form to the person inhaling from the device, including, but not limited to, vapor cartridge, liquid nicotine container, electronic cigarette, cigar, cigarillo, pipe or other form intended to be used with, or in, any such device.
Any solution containing nicotine which is designed or sold for use with an electronic smoking device.
A bottle or other container of liquid, wax, gel or other substance containing nicotine, where the liquid or other contained substance is sold, marketed or intended for use in a vapor product but does not include containers prefilled and sealed by the manufacturer and not intended to be opened by the consumer.
A business, residence or other location in which the testing, manufacturing or retail sale of vapor products takes place and in which the sale of other products is merely incidental; or where services are offered that involve vapor products, including but not limited to vape lounges or social clubs involving the use of vapor products.
[Amended 10-9-2018 by Ord. No. 2018-1460]
Electronic smoking devices, liquid nicotine, liquid nicotine containers, and similar products used, or intended to be used, with such products.
[Added 8-14-2018 by Ord. No. 2018-1458; 6-10-2021 by Ord. No. 2021-1505]
A. CANNABIS CANNABIS ESTABLISHMENT CANNABIS PARAPHERNALIA HEMP
Wherever used in this chapter, the following terms shall have the meaning indicated:
All or parts of the plant genus cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds (except those containing only resin extracted from the plant). Notwithstanding the foregoing, this definition shall not be deemed to include hemp, as such term is defined herein.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service. This definition shall also include businesses where the sale and/or distribution of cannabis paraphernalia takes place. This definition shall not include legally authorized medical care, pharmaceutical research or clinical trials performed or conducted by or under the direction and supervision of a licensed physician, medical research facility, hospital or pharmaceutical company.
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis into the human body.
A cannabis plant containing less than 0.3% THC, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. This definition shall include cannabinoids (CBDs) derived from hemp.
B.
In all zoning districts in the Borough of Montvale, the following uses shall be prohibited:
(1)
Cannabis establishments. This prohibition shall not include premises regularly in the business of selling and/or dispensing medical marijuana under a license issued by the State of New Jersey, and having been prescribed by a licensed physician and dispensed in accordance with applicable law.
(2)
Signs, billboards or other similar structures or devices that advertise or promote cannabis or cannabis establishments.
