[Added 7-19-2022 by Ord. No. 2022-23]
The goal of the Business Industrial Redevelopment (BIR) Zone is to facilitate the redevelopment of Block 184 Lot 2.01 with an attractive, high-quality light industrial development in recognition of the site's designation as an area in need of redevelopment pursuant to the New Jersey Local Redevelopment and Housing Law (LRHL),[1] while also preserving the redeveloper's option to redevelop the site for any of the highway business zoned uses permitted therein. This area shall be planned pursuant to the recommendations of the 65 Route 46 Redevelopment Plan adopted for the site, which is on file in the Township Clerk's office.
[1]
Editor's Note: See N.J.S.A. 40A:12A-1 et seq.
A. 
Principal uses. The following principal uses are permitted in the BIR Zone:
(1) 
Warehousing.
(2) 
Manufacturing, fabrication, packaging, and treatment of products.
(3) 
Laboratories for research, design, and experimentation.
(4) 
All principal uses permitted in the B-3 Business Zone, as set forth in Schedule C, Schedule of Permitted Uses.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B. 
Accessory uses. The following accessory uses are permitted in the BIR Zone:
(1) 
Off-street parking and loading.
(2) 
Truck and trailer parking.
(3) 
Parking garages.
(4) 
Employee cafeterias and commissaries.
(5) 
Retail sale of goods and products manufactured or warehoused on the premises by the firm or establishment occupying the premises (subject to Schedule C, Schedule of Permitted Uses, Footnote 56).[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
(6) 
All accessory uses permitted in the B-3 Business Zone, as set forth in Schedule C, Schedule of Permitted Uses.[3]
[3]
Editor's Note: Said schedule is included as an attachment to this chapter.
(7) 
Other accessory uses normally incidental to the permitted principal use, unless specifically prohibited herein.
C. 
Prohibited uses. Any use or structure other than those permitted in Subsections A or B above shall be prohibited in the BIR Zone.
A. 
Area and bulk requirements. The following area and bulk requirements shall apply to all development within the BIR Zone:
Requirements
BIR Zone
Minimum lot area (acres)
4
Minimum lot width at street line (feet)
250
Minimum lot width at required setback line (feet)
250
Minimum yards:
Front yard (feet)
60a
Side and rear yards (feet)
50
Side and rear yards adjoining a residential zone (feet)
200
Maximum building height (feet)
60b, c
Maximum building coverage (%)
30
Maximum impervious coverage (%)
65
Maximum floor area ratio (%)
N/A
a
Within the BIR Zone, the front yard setback shall be measured from the nearest point of the principal building to the curbline (or edge of the traveled way if no curb) of the abutting street.
b
Within the BIR Zone, the building height shall be the vertical distance measured from the average adjacent grade along the front facade of the building to the highest point of the roof.
c
§ 230-131, Exceptions to height requirements, shall apply within the BIR Zone.
B. 
Parking and loading requirements. The following parking and loading requirements shall apply to all development within the BIR Zone:
(1) 
Number of parking spaces. For all buildings and uses in the BIR Zone, there shall be provided the minimum number of off-street parking spaces specified in Schedule E, Off-Street Parking Requirements,[1] except that within the BIR Zone, there shall be provided a minimum of 0.75 space per 1,500 square feet of gross floor area for warehouse uses. Any ancillary office space within a warehouse use shall not be interpreted to require a separate parking calculation, but rather shall be counted as part of the warehouse use.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2) 
Number of loading spaces. For every building or use in the BIR Zone requiring the receipt or distribution of materials or merchandise in vehicles, there shall be provided at least one off-street loading space. Irrespective of anything in § 230-204 to the contrary, the maximum number of off-street loading spaces shall be two loading spaces per 10,000 square feet of gross floor area.
(3) 
Location. All traffic aisles and off-street parking and loading areas shall meet the following location requirements:
(a) 
Minimum setback from buildings:
[1] 
For traffic aisles: six feet.
[2] 
For parking: 10 feet (except for parking which extends continuously into or under a building from outside the building).
[3] 
For loading: zero feet.
(b) 
Minimum setback from property lines: 10 feet.
(c) 
Minimum setback from residential zones: 150 feet (except that this limitation shall not apply where the residential zone is located on the opposite side of a street or highway of four or more lanes which is divided by a median or barrier).
(4) 
Screening. Landscaping and screening shall be provided in accordance with § 230-271B. In addition, all parking and loading areas which adjoin or face premises situated in the AH-1 Zone shall be screened by a fence or wall not less than six feet nor more than eight feet in height, which fence or wall shall be maintained in good condition; provided, however, that a natural landscaped buffer designed pursuant to § 230-143.2D may be substituted.
(5) 
Electric vehicle charging. Electric vehicle charging equipment shall be provided as required per § 230-161.1, Electric vehicle supply/service equipment, consistent with the New Jersey Electric Vehicle Charging Station Law (P.L. 2021, c. 171).[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-66.18 et seq.
C. 
Truck and trailer parking requirements. The parking of trucks and trailers used in connection with a permitted principal use on the premises shall be specifically permitted within the BIR Zone. Truck and trailer parking spaces shall not be subject to loading space requirements, nor shall they be subject to outdoor storage requirements. Irrespective of anything in this chapter to the contrary, the following truck parking requirements shall apply in the BIR Zone:
(1) 
Number of truck and trailer parking spaces. The maximum number of truck and trailer parking spaces shall be two truck parking spaces per 10,000 square feet of gross floor area.
(2) 
Overnight parking. Overnight parking of trucks and trailers shall be permitted within truck and trailer parking spaces. Truck and trailer parking spaces shall not be considered loading spaces.
(3) 
Size. The sizes of truck and trailer parking spaces shall be adequate for the trucks so accommodated.
(4) 
Location. All truck and trailer parking areas shall meet the following location requirements:
(a) 
Minimum setback from buildings: 12 feet.
(b) 
Minimum setback from curbline (or edge of the traveled way if no curb) of the abutting street: 25 feet.
(c) 
Minimum setback from residential zones: 150 feet (except that this limitation shall not apply where the residential zone is located on the opposite side of a street or highway of four or more lanes which is divided by a median or barrier).
(5) 
Screening. All truck and trailer parking areas shall be enclosed by fencing not less than six feet in height and not more than eight feet in height. In addition, landscaping and screening shall be provided between truck and trailer parking areas and the right-of-way in accordance with § 230-271B(3).
D. 
Fences and walls. Fences and walls in the BIR Zone shall be subject to § 230-159, Fences and walls, except as follows:
(1) 
Chain-link fencing. Irrespective of anything in § 230-159J to the contrary, chain-link fencing shall be prohibited within the front yard and shall only be permitted in side and rear yards. Landscaping shall be provided in conjunction with chain-link fencing which faces a street. Chain-link fences shall be vinyl-coated and limited to black, dark green, or brown in color.
(2) 
Height. Except for retaining walls, which are regulated in Subsection D(3) below, no wall or fence in the BIR Zone shall exceed a height of eight feet above ground level.
(3) 
Retaining walls. The maximum height of retaining walls in the BIR Zone shall be six feet, consistent with § 230-159M(1), except that the height of the wall may be exceeded by up to 42 inches solely for the purposes of forming a vehicular or pedestrian barrier.
E. 
Signage. The following signage requirements shall apply to all development within the BIR Zone:
(1) 
Wall signage.
(a) 
Wall signage for single-tenant buildings shall be permitted in the BIR Zone consistent with the following requirements:
[1] 
No more than two wall signs shall be permitted on the building, provided that there shall be no more than one wall sign on any single building facade.
[2] 
The maximum area of each individual wall sign shall be calculated in accordance with § 230-217A(1)(b). The building facade on which the proposed wall sign is to be affixed shall be used in the calculation of maximum sign area.
(b) 
Wall signage for multitenant buildings or shopping centers shall be permitted in the BIR Zone consistent with the requirements set forth at § 230-217A(2).
(2) 
Freestanding signage. Freestanding signage shall be permitted in the BIR Zone consistent with the following requirements:
(a) 
No more than two freestanding signs shall be permitted on-site.
(b) 
The maximum sign area shall be no more than 32 square feet, except for monument signs, which shall be permitted at a maximum sign area of 75 square feet.
(c) 
With the exception of monument signs, no freestanding sign shall exceed a maximum height from the ground of 12 feet, nor shall the bottom of the sign be closer than seven feet from the ground. Monument signs shall be permitted at a maximum height of eight feet from the ground.
(d) 
No monument sign shall be located closer than 15 feet from the curbline of the abutting street, nor closer than 10 feet from the street right-of-way.
(e) 
Such signs shall identify or advertise only such businesses as are conducted on the premises.
(3) 
Other signage. Other signage shall be permitted in the BIR Zone consistent with § 230-217C through I.
(4) 
All generally applicable signage regulations set forth in Article XXVII, Signs, shall apply in the BIR Zone, except that, irrespective of § 230-211G(2), the location of the top edge of wall signs in the BIR Zone shall not be limited to the lower edge of second story window sills.
All development in the BIR Zone shall comply in all respects with the provisions of Part 2, Subdivision and Site Plan Regulations, of this chapter, except as follows:
A. 
Parking and loading. Irrespective of § 230-80E, the location of parking and loading in the BIR Zone shall be subject to the standards set forth in § 230-270B.
B. 
Landscaping. Landscaping and screening shall be provided in accordance with § 230-85A and B(1) through (4), except that interior parking lot landscaping shall not be required within truck and trailer parking areas. In addition, the following supplemental landscaping and screening requirements shall apply in the BIR Zone:
(1) 
Within the front yard setback, between the front facade of the building and the curbline/edge of traveled way of the abutting street, there shall be an open space area at least 50 feet in depth, which shall be landscaped with a combination of shrubbery, coniferous and/or deciduous trees, lawn area, ground cover and/or landscaped berms, as determined appropriate by the Planning Board. Berms and plantings within said open space area shall be limited to the subject property, unless NJDOT specifically permits plantings within the right-of-way. There shall be no drive aisles, parking, loading, or truck/trailer parking within the required open space area.
(2) 
Automobile parking areas shall be screened from the street by evergreen shrubs forming a hedge no less than three feet, and no more than four feet, in height.
(3) 
Truck and trailer parking areas shall be screened from the street by a double staggered row of arborvitae trees planted at a minimum height of eight feet to 10 feet at time of planting. This landscape screening shall be provided in addition to the fencing required per § 230-270C(5).
C. 
Shade trees. Shade trees shall be provided along the frontage of properties in the BIR Zone in accordance with § 230-72, except where same would interfere with the truck and trailer parking screening required per Subsection B(3) above. The species of trees to be planted shall be consistent with those set forth at § 230-95C(4).
D. 
Lighting.
(1) 
Irrespective of § 230-86C, no light source in the BIR Zone shall exceed a height of 25 feet. However, light sources not exceeding 20 feet in height are preferred and encouraged, except where asphalt and vehicular circulation require more efficient coverage and greater height.
(2) 
Irrespective of § 230-86E(1), the light intensity shall not exceed 0.5 footcandle along any property line or 0.3 footcandle at a residential property line, provided that frontages whereon decorative streetscape lighting is installed shall be exempt from this limitation.
(3) 
The minimum light intensity standards set forth at § 230-86E(2)(a) shall be met within all surface parking and loading areas (including truck parking areas) and walkways thereto and appurtenant passageways and driveways. In addition, the light intensity provided at ground level shall average not more than 1.0 footcandle in parking areas, and shall average not more than 3.0 footcandles in loading areas, provided that such fixtures shall be controlled to reduce light levels to an average of not more than 1.0 footcandle when the facility is not in operation.
E. 
Refuse and recycling. Provision shall be made for the storage and collection of refuse and recycling in accordance with § 230-87, except that fenced or walled enclosures shall not be required when utilizing a trash compactor attached to the building. All storage of refuse and recycling shall be screened from view from any adjoining street or property when deemed necessary by the Planning Board.
F. 
Streetscape design standards. Development within the BIR Zone is specifically exempt from § 230-95, Streetscape design standards, except that shade trees shall be provided in accordance with § 230-72, subject to the species requirements set forth at § 230-95C(4), and further that decorative lighting fixtures shall be installed along the frontage of any property in the BIR Zone, subject to the fixture and spacing requirements set forth at § 230-95E.
G. 
Bloomfield Avenue design standards. Development within the BIR Zone is specifically exempt from § 230-98, Bloomfield Avenue design standards.
H. 
Building design and mass. Buildings within the BIR Zone are specifically exempt from § 230-98.2, Design standards for nonresidential development, and instead shall be subject to the following requirements:
NOTE: Ordinance 2021-03, which was adopted by the Montville Township Committee on March 9, 2021, assigned § 230-98.1 to a new section entitled "Design standards for nonresidential development." However, § 230-98.1 already existed as the Pine Brook design standards. In order to rectify this inadvertent error, the new section entitled "Design standards for nonresidential development" was codified as § 230-98.2.
(1) 
Architectural elements such as rooftop cornices, belt courses, molding, string courses, ornamentation, and/or changes in material or color shall be provided to add interest to the building(s).
(2) 
Front and side building facades in excess of 120 feet in length shall be designed to avoid a monolithic appearance through the use of different facade materials, details, colors, windows, shade elements and/or building setbacks that act to break the building appearance into smaller increments and sections.
(3) 
All building details shall reduce the scale of a building through the use of features such as windows, doors, building accent striping in materials or colors, columns and canopies.
(4) 
Building entrances shall be detailed and accentuated as part of the design to make them easily identifiable and a focal point of the design. Features such as added roofline parapets, accentuated canopies, window massing, accent colors and/or similar features shall be considered in the building's public entrance areas.
(5) 
Building windows should be opaque to screen the interior of the building with the exception of entrance lobbies as needed for security needs.
(6) 
Buildings with a flat roof surface area of 500 square feet or more shall utilize a material that has a solar reflectivity of 50% or greater as certified by the Cool Roof Rating Council.
(7) 
In accordance with P.L. 2021, c. 290, (ACS for A-3352/S-3504),[1] warehouses of at least 100,000 square feet and built-after July 1, 2022, shall be solar-ready buildings. For purposes of P.L. 2021, c. 290, "solar-ready zone" is defined as a section of a roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system, which is at least 40% of the roof area calculated as the horizontally projected areas minus the area covered by skylights, occupied roof decks, vegetative roof areas, and mandatory access or setback areas required by the State Uniform Construction Code, or as otherwise provided in the 2018 International Energy Conservation Code, Appendix CA, and any successor model code concerning solar-ready zones.
[1]
Editor's Note: See N.J.S.A. 52:27D-123.19.
All other applicable requirements of this chapter, and of other chapters, of the Township Code shall apply to development within the BIR Zone unless specifically superseded by the regulations of this article. In case of a conflict between the provisions of this article and other provisions of the Code, this article shall apply.