[Ord. No. 643; readopted
by Ord. No. 2020-1235]
No land or premises may be used and no building or structure
may be erected, raised, moved, extended, enlarged, altered or used
for any purpose other than a purpose permitted herein, for the district
in which it is located, and all construction shall be in conformity
with the regulations provided for the district in which such building
or premises is located; nor shall any open space contiguous to any
building be encroached upon or reduced in any manner, except in conformity
to the regulations designated in the Schedule and this Ordinance for
the district in which such building or space is located. In the event
of any such unlawful encroachment or reduction, such building or such
use shall be deemed to be in violation of this Ordinance and the Certificate
of Occupancy shall become void.
Every lot must provide a front yard, rear yard and side yards
as required by its zone district.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Borough's requirements or for which such improvements have been guaranteed by the posting of a performance guarantee pursuant to Chapter 30, Land Development Ordinance of the Borough Code, unless relief has been granted under the provisions of Section 27 of Chapter 291, P.L. 1975 (N.J.S.A. 40:55D-36), as the same may be amended or supplemented.
All yards facing on a public street shall be considered front
yards and shall conform to the minimum front yard requirements for
the zone district in which located. Corner lots shall provide the
minimum front yard requirements for the respective zone district for
all intersecting streets, for both principal and accessory buildings.
No accessory building may be built on any lot on which there
is no principal building.
No accessory building shall exceed the height of the principal
building
For the purpose of regulating the locations of accessory buildings
on corner lots, and on lots extending through between two parallel
streets, all portions of a corner lot or a through lot which fronts
on a public street shall be subject to the front yard requirements
of the district in which said corner lot or through lot is located;
provided, further, that no accessory building shall be permitted in
any front yard.
[Ord. No. 2005-1001]
Accessory buildings, excepting hot tubs and spas, shall be at
least ten (10) feet from any principal building situated on the same
lot, unless an integral part thereof, and shall be at least six (6)
feet from any other accessory building. Hot tubs and spas shall be
at least two (2) feet from any such principal or accessory building.
[Ord. No. 664]
No accessory buildings shall be erected or constructed closer
than four (4) feet to any side or rear lot line.
No building to be used as a dwelling shall be constructed, altered,
or moved to the rear of a building situated on the same lot, nor shall
any building be constructed in front of or moved to the front of a
dwelling situated on the same lot.
No lot area shall be reduced by subdivision, sale or in any
other manner so that the area of the lot or the dimensions of the
required open spaces shall be smaller than herein prescribed.
[Ord. No. 2006-1038]
a.
There shall be provided upon every lot in every Residential District,
and upon every lot in any other District upon which a dwelling house
may now or hereafter be permitted, off-street parking space for at
least two vehicles, including a driveway for the same, all of which
shall be paved or covered by material such as asphalt, concrete or
brick pavers providing an impervious surface so as to adequately withstand
and not be affected adversely by changes in temperature or weather
in the extremes of heat and cold experienced in the Borough, damage
from the elements such as, but not limited to, erosion, and the wear
and tear brought about by the use of such areas by motor vehicles.
Materials such as stone or gravel shall not be permitted. In any case
in which any part of said parking area or driveway shall be below
grade of the street providing access thereto, the design of said area
and the adequacy of the type of material used therein and curbing
along the same, shall be subject to approval by the Borough Engineer
who shall give consideration to the topography, the grade of the street,
the effect of the drainage system upon said proposed area, and other
principles of sound engineering practice. Expansion of existing driveways
shall be required to meet the standards of this subsection. Wherever
a garage is provided upon any such lot, the areas within said garage
used for motor vehicles may be counted toward the off-street parking
spaces required under this subsection.
b.
The curb opening for a driveway shall be no more than 22 feet wide.
[Amended 12-14-2020 by Ord. No. 2020-1252]
c.
Driveway
Width and Extension.
[Amended 12-14-2020 by Ord. No. 2020-1252]
1.
The width of a driveway shall be no more than 22 feet extending from
the side of the dwelling portion (excluding the garage) of the residence
nearest to the driveway, to the nearest side line of the lot. It is
the intent of this section that:
(a)
Where a dwelling has an attached single-car garage, an eleven-foot-wide
driveway may be located directly in front of the garage, and up to
an eleven-foot-wide additional paved area may be added between that
driveway and the nearest side lot line, subject to all required sideline
setbacks in the Land Use Code;
(b)
Where a dwelling has an attached two-car-wide garage, a twenty-two-foot-wide
driveway may be located directly in front of the double garage door
or doors, subject to all required sideline setbacks in the Land Use
Code;
(c)
Where a dwelling does not have any garage on the lot, an eleven-foot-wide
driveway may be located directly in front of the residence, and up
to an eleven-foot-wide additional paved area may be added between
that driveway and the nearest side lot line, subject to all required
sideline setbacks in the Land Use Code;
(d)
Under no circumstances shall a driveway or paved area in front
of the dwelling portion of a residence be greater in width than 11
feet.
2.
A driveway may extend along the side of a residence, but no driveway
may extend further than the back wall of the enclosed living area
(i.e., excluding porches or decks) of the residence, unless a permitted
or pre-existing freestanding garage is located farther back on the
lot, in which case the driveway may extend to the door of such garage.
d.
There shall be no parking in the front yard, side yard, or rear yard
of any residential lot, except on the driveway thereof; provided,
however, in the event of an emergency, parking shall be permitted,
on telephoned or emailed notice to the Borough Clerk giving notice
of the emergency, on any portion of the front yard for a period of
time not to exceed 24 hours.
[Amended 12-14-2020 by Ord. No. 2020-1252]
e.
No curb opening shall be constructed or enlarged and no driveway
shall be constructed or enlarged without the owner of the premises
obtaining a permit therefor. Application for a permit shall be made
to the Zoning Officer along with a survey upon which the proposed
curb opening and/or driveway is superimposed and a nonrefundable permit
fee of $10 paid. The Zoning Officer shall refer the matter to the
Borough Engineer for a determination that the proposed improvement
conforms to the Land Use Ordinance of the Borough of Manville and
to the principles of sound engineering practice. Upon the approval
of the Borough Engineer and a determination by the Zoning Officer
that the proposed improvement meets all zoning requirements, a permit
shall be issued by the Zoning Officer.
[Amended 12-14-2020 by Ord. No. 2020-1252]
f.
Not more than one currently unregistered, uninspected, inoperable,
or junk vehicle shall be parked on any portion of any private property,
other than in a garage or paved driveway area not visible from the
street, in any residential zone, and such vehicle shall not at any
time be in a state of major disrepairs or disassembly, nor shall it
at any time undergo major overhaul, including body work or paint,
in a residential neighborhood.
[Added 12-14-2020 by Ord.
No. 2020-1252]
1.
Definitions. For purposes of this section:
(a)
"Unregistered vehicle" shall mean a vehicle not currently registered
with the with the New Jersey Motor Vehicle Commission (NJMVC);
(b)
"Uninspected vehicle" shall mean a vehicle not bearing a current
inspection sticker from the NJMVC;
(c)
"Inoperable vehicle" shall mean any vehicle which can not be
started upon request of a Borough enforcement officer, or which for
any reason will not run, for example: no battery, flat tire or tires,
or no wheels, or if the owner is unable to or refuses to start such
vehicle; and
(d)
"Junk vehicle" shall refer to any vehicle in either rusted,
wrecked, dismantled, partly dismantled, inoperative or abandoned condition.
g.
Notice of Violation; Deadlines to Remediate; Penalties.
[Added 12-14-2020 by Ord.
No. 2020-1252]
1.
In addition to other penalties provided by state law, any person in violation of § 31-406.1d shall be subject to a penalty $50 per day for each day the violation continues past 24 hours.
2.
In addition to other penalties provided by state law, if any property is found by the Borough Zoning Officer or Borough Engineer to be in violation of § 31-406.1a, b, c or e, the owner of record of the property shall be sent via regular and certified mail a notice of violation, to be sent by the Borough Clerk, Borough Zoning Officer, or Borough Engineer, which shall clearly describe the violation and the remedial action needed for compliance, and which shall provide seven calendar days from the date of mailing of said notice of violation for the violation be brought into compliance. Any person who fails to remediate such violation within that seven-calendar-day period shall be subject to the penalties set forth below. If a seller of a property fails to comply with this or any section of this § 31-406.1, the seller and the new owner after the sale will be jointly and severally responsible for said compliance and all resulting penalties. If such violation continues beyond the seven-day time limit provided for remediation in the notice of violation served by the Borough, then each day said violation continues, and each day in which a notice of violation continues to be unabated, shall constitute an additional $50 per day penalty until the violation(s) has been abated.
3.
All such $50 per day penalties provided for herein, shall be and
remain a lien attaching to the property, the same as all other taxes
and municipal charges upon real estate under the laws of the State
of New Jersey, for the collection of taxes and other municipal liens
upon real estate.
h.
Penalties for Continuing Violations and Repeat Offenders. Upon any continuing unremediated violation or repeated violation of any section of this § 31-406.1, the Borough reserves the right to bring charges against the violator in municipal court, asking the court to impose any penalties authorized by N.J.S.A. 40:49-5, including but not limited to one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days. The court before which any person is convicted of violating any ordinance of a municipality shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum set forth in this § 31-406.1.
[Added 12-14-2020 by Ord.
No. 2020-1252]
a.
Not more than one commercial vehicle of a rated capacity of three-quarter
(3/4) tons or less, owned or used by a resident of the premises, shall
be permitted to be regularly garaged on a lot in any residential district;
any such commercial vehicles so permitted to be regularly garaged
in such district must be garaged and shall not be regularly parked
or stored by, on or in the vicinity of such lot without being garaged
thereon. No commercial vehicle of a rated capacity of more than three-quarter
(3/4) ton, whether owned or used by a resident of the premises or
not, shall be regularly parked, stored or garaged on a lot in any
Residential District.
b.
No trailer designed or used for hauling or transporting shall be
regularly parked or stored on, by, or in the vicinity of any lot in
any residential district.
c.
No trailers designated or used for dwelling purposes, no boat trailers,
no campers, no motorized sleds, and no boats or marine equipment shall
be regularly parked or stored on, by or in the vicinity of any lot
in any residential district without being garaged thereon, or placed
to the rear of the principal building and no closer than 15 feet from
any side or rear property line.
No permit shall be granted for a building or use if the design,
construction or location of the same involves or is likely to involve
exceptional risks of traffic congestion, public safety, or hazard.
[Amended 8-16-2021 by Ord. No. 2021-1264]
a.
On any corner lot, no fence, structure, or planting over 30 inches
in height shall be erected or maintained within 30 feet of the intersection
of the road right-of-way lines so as to interfere with traffic visibility
across the corner, and no wall or fence and no hedge, tree, shrub,
or other growth shall be maintained in such a way as to cause danger
to traffic on a street by obscuring the view.
b.
No fence or any other type of material shall be installed on front
property within 10 feet of the property line in residential or commercial
zones. This is intended to ensure that there will be no obstructed
vision of vehicles pulling out of driveways, provided that a fence
may be permitted if the fence material is made in a way that will
not obscure the view of oncoming vehicles (such as open chain-link
fence); the height of any such fence shall not exceed 42 inches in
height.
No lot in a residential district shall have erected upon it
more than one principal residential building.
No yard or other open space provided around any building for
the purpose of complying with the provisions of this Ordinance shall
be considered to provide a yard or open space for any other building.
No ingress to or egress from any building or industrial use
shall be permitted over or across any property located in residential
district. No business or industrial property and no property used
for any business or industrial purpose having frontage upon any street,
highway, or road in a business or industrial zone district shall be
permitted access for business or industrial purposes by means of any
street, avenue, or road not located in a business or industrial district.
For the purposes of this Ordinance the use of any access by vehicles,
whether such vehicles be themselves commercial or whether the same
be the passenger vehicles or employees or customers of a business
or industry shall be considered itself a business or industrial use
and shall not be permitted in any residential district.
The control and regulation of the uses of buildings and structures
as herein provided, shall apply equally to the nature and extent of
the use of the land.
No article, material, merchandise, goods, inventory, or part
thereof, or equipment shall be kept, stored, displayed or exhibited
outside of the confines of a building unless the same is screened
by fences, walls, or planting in such manner that it is not visible
from the public street or adjoining properties. Such storage or display
must be located behind the rear building line.
The provisions of this Ordinance shall not apply to customary
local utility distribution or collection lines for water, gas, telephone
or electric service. All facilities such as pumping stations, repeater
stations, and electric substations which require a structure shall
be subject to the provisions of this Ordinance.
In all developments, or land subdivisions involving the extension
of streets or the opening of new streets, all utilities shall be placed
underground.
No persons, firm or corporation shall strip, excavate, or otherwise remove top soil for sale or other use other than on the premises from which taken. The provisions of Borough Code Chapter 25 Soil and Soil Removal, shall also be complied with.
To the maximum extent possible, existing natural features such as trees, brooks, drainage channels and view shall be retained. Whenever such features interfere with the proposed use of property, a retention of the maximum amount of such features consistent with the use of the property shall be required, and this shall be designated on the site plan in all cases where a site plan is required in this Ordinance or in Chapter 30 Land Development Ordinance.
The dumping of refuse, waste material, junk or other substances
is prohibited in all districts within the Borough. This provision
shall not supersede or repeal any other ordinances or regulations
prohibiting the same.
All yards, open space, off-street parking and required landscaping
in connection with any use must be contained within the same district
in which such use is permitted.
No lot which conforms to the requirements of this Ordinance governing minimum lot width, depth or area shall be deemed or considered to be nonconforming where such nonconformity is created solely by virtue of the dedication to and acceptance by the Borough of Manville, or the County of Somerset, or the State of New Jersey, of land for a street, avenue or road right-of-way, or sewer or drainage easement; provided that the width, depth or lot area remaining is not less than 80% of the requirements of this Ordinance and provided further, that this Section shall not apply where such dedication is made pursuant to Chapter 30, the Land Development Ordinance, in connection with the subdivision of lands into four or more lots or in connection with the dedication of a new street.
Any use not specifically permitted in a zone district established
by this Ordinance is hereby expressly prohibited from that district.
Without in any way limiting or being limited by the language in subsection 31-421.1 hereof, the following uses and activities are specifically prohibited in all zone districts in the Borough of Manville.
a.
All billboards, signboards, advertising signs or devices not expressly
related to the business being conducted on the premises, or otherwise
specifically permitted by this Ordinance.
b.
Auction market or auction establishments, whether conducted in an
enclosed building or structure or not, except as permitted in the
EDD District.
c.
Any business or use conducted outside the confines of a building
or structure, including by way of illustration and not by way of limitation,
junk yards, dismantling or storage of motor vehicles or machinery,
the sale or rental of trucks, busses, truck trailers, trailers designed
or intended for hauling or transporting, trailers designed or intended
for dwelling purposes, campers, recreational vehicles (whether self-contained,
motorized, or requiring another vehicle in order to move same from
place to place), boats, motorized sleds or carts, motorcycles, motorbikes
or the like, or construction, quarrying or tree service equipment,
machinery or materials, outdoor amusements, miniature golf courses,
golf driving ranges and similar outdoor commercial recreation facilities,
or any other business or use conducted outside the confines of a building
or structure. The foregoing prohibitions all apply regardless of the
manner of registration of any of the vehicles mentioned under the
motor vehicle laws, and regardless of whether any of same may also
be used for regular passenger transportation.
d.
The sale, rental, leasing, storage, or display of trucks, busses,
truck trailers, trailers designed or intended for hauling or transporting,
trailers designed or intended for dwelling purposes, campers, recreational
vehicles (whether self-contained, motorized, or requiring another
vehicle in order to move same from place to place), boats, motorized
sleds or carts, motorcycles, motor bikes or the like, or construction,
quarrying or tree service equipment, machinery or materials, except
only from a totally enclosed building or structure. The foregoing
prohibitions shall apply regardless of the manner of registration
of any such vehicle under the motor vehicle laws, and regardless of
whether any of same may also be used for regular passenger transportation.
f.
Privately-operated dumps for the disposal of garbage, trash, junk,
refuse, and similar materials, whether by landfill, incineration,
or otherwise.
g.
Trailer courts or parks, trailer coaches used for dwelling, or any
commercial activities related to the outdoor storage, display, exhibition,
sale or rental of trailer coaches.
h.
Cemeteries or crematoriums.
i.
Outdoor vending machines, except where specifically permitted incidental
to another use.
j.
Any use of any building or premises in such a manner that the health,
morals, safety or welfare of the community may be endangered, or which
will cause environmental pollution or be inimical to the ecology of
the area.
k.
Any use which emits excessive and objectionable amounts of dusts,
fumes, noise, odor, smoke, vibration, glare, or waste products.
l.
Adult book stores, businesses showing X-rated movies, and other businesses
dealing primarily with indecent or obscene materials, acts or paraphernalia
be and the same are hereby prohibited within any zone in the Borough
of Manville.
[Ord. No. 670]
m.
Massage parlors.
n.
All
classes of cannabis businesses, and cannabis establishments, cultivators,
manufacturers, wholesalers, retailers, distributors, or delivery services,
and marijuana- or cannabis-related land use and development, including
all cannabis establishments, cannabis distributors, or cannabis delivery
services, as said terms are defined in Section 3 of P.L. 2021, c.
16,[2] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 4-12-2021 by Ord.
No. 2021-1258]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[1]
Editor's Note: See also specific zone for exceptions.
A variance or conditional use granted by the Approving Authority
shall expire if no construction permit shall have been issued for
construction, alteration or conversion, as the case may be, within
one year from the date of granting such variance or conditional use,
or shall expire if a certificate of occupancy has not been granted
within two years from the date of granting such variance or conditional
use; provided, however, that where a variance and/or conditional use
approval is granted in conjunction with a final subdivision or final
site plan approval for which Section 40 of the Municipal Land Use
Law (N.J.S.A. 40:55D-52) grants rights for a period longer than one
year, then the variance and/or conditional use, as the case may be,
shall remain concurrent with the rights granted under the Municipal
Land Use Law. (N.J.S.A. 40:55D-1 et seq.)
In computing the gross area of lands within a proposed subdivision
for residential development, to determine the number of residential
units permitted in said subdivision all areas of lands having a slope
between 10% and 20% shall be counted at a factor of .7 (e.g., if any
area of 10,000 square feet shall have slope between 15% and 20%, same
shall be calculated as 7,000 square feet for the purpose of determining
density).
