Exciting enhancements are coming soon to eCode360! Learn more 🡪
Township of Montville, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (24) Index Notes (1)
[Amended 8-15-2017 by Ord. No. 2017-26A]
The purpose of the Towaco Center Zoning Districts is to encourage the development of a mixed-use transit-oriented area containing compatible residential and commercial mixed land uses in a compact design which enhances and complements the Towaco Train Station area. In addition, townhouse dwellings not located above retail may be appropriate in some locations. This area shall be planned pursuant to the recommendations of the Towaco Center Master Plan and any amendments thereto. It shall incorporate an integrated and compatible design with respect to the relationship and location of buildings, parking, circulation, walkways, landscape amenity, and buffer features. It shall also be designed to respect the environmental sensitivity and importance of the underlying Towaco Valley Aquifer.
A. 
Principal uses in the TCI Zone. Permitted principal uses in the TCI Zone are as follows:
[Amended 8-15-2017 by Ord. No. 2017-26A]
(1) 
Retail stores.
(2) 
Personal service establishments.
(3) 
Eating and drinking establishments.
(4) 
Banks.
(5) 
Instructional studio spaces, including dance, artist, martial art, music and related studios.
(6) 
Museums, art galleries and libraries.
(7) 
Child-care facilities, pursuant to N.J.S.A. 40:55D-66.6.
(8) 
Adult day-care facilities.
(9) 
Professional, financial and medical offices above at-grade retail or other principal permitted uses set forth in Subsection A(1) through (8) above.
(10) 
Multifamily residential dwellings above at-grade retail or other principal permitted uses set forth in Subsection A(1) through (8) above.
(11) 
Public/governmental/institutional uses.
(12) 
Wireless telecommunications towers, pursuant to § 230-227.
(13) 
Townhouse dwellings, pursuant to § 230-189B.
B. 
Principal uses in the TC2 Zone. Permitted principal uses in the TC2 Zone are as follows:
[Amended 8-15-2017 by Ord. No. 2017-26A]
(1) 
All principal permitted uses in the TC1 Zone, except as follows:
(a) 
Professional, financial and medical offices are not required to be located above at-grade retail or other principal permitted uses set forth in Subsection A(1) through (8) above;
(b) 
Townhouse dwellings are not permitted in the TC2 Zone.
(2) 
Animal hospitals and clinics.
C. 
Accessory uses. The following accessory uses are permitted in the TC1 and TC2 Zones:
(1) 
Off-street parking and loading designed in accordance with § 230-190.
(2) 
Outdoor cafes associated with and on the same lot as indoor eating facilities, such as coffee shops, restaurants, ice cream parlors, bakeries and cafes. Outdoor cafes shall be designed in accordance with § 230-96C(1).
(3) 
Fences and walls, designed in accordance with § 230-159.
(4) 
Signs, designed in accordance with Article XXVII and § 230-96A(5).
(5) 
Other accessory uses as set forth in Schedule C, Schedule of Permitted Uses, included at the end of this chapter.
D. 
Prohibited uses. Any use or structure other than those uses or structures permitted in Subsections A, B or C above are prohibited. In addition, and notwithstanding the above, the following uses shall be specifically prohibited in the TC1 and TC2 Zones:
(1) 
Drive-up or -through windows in connection with any business.
(2) 
Bars or taverns not associated with a restaurant.
(3) 
Cabarets and dance clubs.
(4) 
Adult entertainment uses.
(5) 
High-risk uses listed in § 230-141H.
(6) 
No single occupancy of 20,000 square feet of floor area or greater.
E. 
Existing residential uses. Notwithstanding the provisions above, all residential units along Waughaw Road that exist as of May 27, 2008, shall be deemed a conforming use and shall have all rights to expand and enlarge consistent with the R-27A Residential District regulations.
[Amended 8-15-2017 by Ord. No. 2017-26A]
A. 
Area and bulk requirements. The following area and bulk regulations shall apply to all uses permitted within the TC1 and TC2 Zones:
Regulation
TC1 and TC2 Zones
Minimum lot area
None
Minimum lot width (feet)
60
Minimum front yard (feet)
Route 202/Main Road
10
Waughaw Road
15
Jacksonville Road
40
Other streets
20
Maximum front yard (feet)a
Route 202/Main Road
20
Jacksonville Road
No maximum
Other streets
25
Minimum side yard (feet) (one/both)
10/20
Minimum rear yard (feet)
30
Maximum building height (stories/feet)b
2/25
Maximum building coverage (%)
30%
Maximum impervious coverage (%)
c
Minimum distance between buildings on same lot (feet)
15
Calculation of maximum permitted number of residential units:
TC1 District
1 dwelling unit per each 1,150 square feet of retail floor area proposed by the applicantd
TC2 District
25% of total permitted unitsd
NOTES:
a
Required for development within 100 feet of Route 202/Main Road right-of-way, provided that:
1.
Where a building has been constructed in accordance with this requirement, and
2.
Where there is sufficient lot depth to provide for buildings beyond 100 feet of the right-of-way, additional mixed-use development and/or townhouse dwellings may be permitted in the area beyond the aforementioned one-hundred-foot dimension in accordance with all other area and bulk requirements.
b
Provided that a building in the TC1 Zone may have a height of three stories and 35 feet if:
1.
The building has its primary frontage on Route 202/Main Road;
2.
Existing topography provides a minimum eight-foot decline in elevation from Route 202 extending northward to the rear of the lot; and
3.
Only the rear (north face) of the building immediately fronting on Route 202 may be three stories/35 feet, whereas the building's public street frontage shall be no more than two stories in height.
4.
Irrespective of any other height requirement, townhouses shall only be permitted at a maximum height of 2.5 stories/30 feet, as measured in accordance with the definition of "height of building" as set forth at § 230-54.
c
Maximum impervious coverage in portions located in the CWR Critical Water Resources District shall be 40% in the Prime Aquifer/aquifer proper area and 50% in the Restricted Area/aquifer recharge basin.
d
Provided that no more than 45 dwelling units shall be permitted in the TC1 and TC2 Zones combined.
B. 
Supplemental townhouse requirements. In addition to the area and bulk requirements set forth at § 230-189A above, all townhouse developments in the TC1 Zone shall be subject to the following supplemental requirements. In the event of a conflict between Subsection A and this subsection, this subsection shall govern.
(1) 
Notwithstanding any provision in § 230-189A to the contrary, townhouse dwellings shall only be permitted on minimum lot sizes of six acres.
(2) 
Townhouse structures and any parking areas associated therewith shall be set back minimally 100 feet from the Route 202 right-of-way, as illustrated in Figure 10.[1] The area within 100 feet of the Route 202 right-of-way shall be developed with commercial and/or mixed-use development in accordance with § 230-188A and § 230-189A.
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
(3) 
Up to 20 townhouse dwellings may be constructed in the TC1 Zone, provided that no more than 45 dwelling units of any type are permitted to be developed within the TC1 and TC2 Zones combined.
(4) 
Townhouse developments shall not be subject to the minimum retail floor area to dwelling unit ratio set forth at § 230-189A.
(5) 
Townhouse buildings shall comply with the building requirements set forth at § 230-144D.
(6) 
No townhouse building shall have more than four contiguous attached townhouse dwelling units with front facades in the same plane, and variations shall be at least three feet in depth.
(7) 
There shall be a minimum distance between townhouse buildings of 70 feet, except that where an end wall of one townhouse building faces an end wall of another townhouse building, there shall be a minimum distance of 25 feet. This distance shall be increased to at least 50 feet if a driveway is located between buildings.
(8) 
Townhouse dwelling units shall comply with the townhouse dwelling unit requirements set forth at § 230-144E(3) through (6); however, individual private yards, open patios, or courts adjoining the unit shall have a required depth of at least 10 feet.
C. 
Buffer requirements. There shall be established the following buffer requirements:
(1) 
A minimum two-hundred-foot buffer along the north line of the TC1 Zone.
(2) 
A minimum two-hundred-foot buffer along the east line of the TC1 Zone.
(3) 
A minimum buffer area width equal to 10% of the lot depth, up to a maximum of 40 feet, along any property line that is contiguous to the boundary of an R Residential zone district.
(4) 
Buffer areas shall be landscaped and may include fencing, as determined appropriate, to provide screening of parking areas from the adjoining residential district. No building or impervious surface shall be permitted within the buffer area. Grading and earthwork shall not be permitted within the buffer area except to enhance the integrity of the buffer, such as the creation or supplementing of earthen berms, and to enhance stormwater infiltration within the buffer area. Existing vegetation should be preserved in the buffer area where practical.
(5) 
Buffer areas shall include a visual barrier composed of evergreen trees and shrubs arranged to form both a low-level and a high-level screen to the satisfaction of the approving body.
(6) 
Where it is determined that existing vegetation is sparse, screening trees shall be provided at a minimum of seven feet to eight feet in height at installation and shall consist of a staggered, double row of screening trees. The following tree species are recommended, although are permissible, subject to Board approval.
Botanical Name
Common Name
Thuja standishii x plicata 'Green Giant'
Green giant Arborvitae
Thuja plicata 'Atrovirens'
Atrovirens Arborvitae
Chamaecypaaris x Cupressocyparis leylandii
Leyland Cypress
Pinus strobus Fastigiata
Columnar White Pine
(7) 
Screening material within environmentally sensitive areas or transition areas shall be native species and receive all applicable municipal and state approvals.
D. 
Environmental requirements. All development in the TC1 and TC2 Zones shall adhere to the Township's stormwater management regulations set forth in Part 3 of this chapter. All development shall also adhere to the standards set forth in § 230-141E through N pertaining to wellhead protection.
E. 
Public open space. Public pedestrian open space or plazas shall be provided in conjunction with any commercial and/or residential development that involves at least 10,000 square feet of gross floor area. Public open space shall be intended to foster community gathering and civic interaction, and therefore open space restricted from public use due to environmental constraints shall not be counted toward a development's minimum public open space calculation. For developments containing between 10,000 and 25,000 square feet of floor area, open space shall be provided at a minimum rate of 50 square feet per 1,000 square feet of gross floor area. For developments containing between more than 25,000 square feet of floor area, open space shall be provided at a minimum rate of 100 square feet per 1,000 square feet of gross floor area. The design of open space and plazas shall be in accordance with § 230-96C(2).
F. 
Affordable housing obligation. Notwithstanding any provision in this chapter to the contrary, any development in the TC1 and TC2 Zones shall set aside affordable housing units for occupancy by low- and moderate-income households in accordance with the prevailing affordable housing requirements at the time of application. Further, no project shall be subdivided into two or more lots so as to fall below the minimum threshold or avoid the set-aside requirement by taking multiple actions.
G. 
Historic preservation. All development in the TC1 and TC2 Zones shall adhere to the applicable Township regulations relating to historic preservation, including Chapter 8, Article V, Historic Preservation Review Commission, and Article XXV, Historic Districts and Historic Sites, of this chapter.
[Amended 8-15-2017 by Ord. No. 2017-26A]
A. 
Number of parking spaces.
(1) 
The minimum number of off-street parking spaces required shall be as shown in the table below:
Land Use
Requirement
Retail stores and shops
1 space per 250 square feet of gross floor area
Banks
1 space per 300 square feet of gross floor area
Business and professional offices
1 space per 250 square feet of gross floor area
Medical and dental clinics or offices
1 space per 150 square feet of gross floor area
Restaurants
1 space for each 3 seats
Residences in mixed-use buildings
Per RSIS requirements
Townhouse dwellings
Per RSIS requirements
Personal service establishments
1 space per 200 square feet of gross floor area
Dance, martial arts, and similar studios
1 space per 200 square feet of gross floor area
Galleries
1 space per 200 square feet of gross floor area
Child-care centers
1 space per 150 square feet of gross floor area
Adult day-care centers
1 space per employee at maximum shift plus 1 space for every 10 enrollees
Public/governmental/institutional uses
As per Schedule E, Off-Street Parking Requirements, included at the end of this chapter
(2) 
Parking requirements may be reduced, at the discretion of the approving body, to account for shared parking among uses. A parking study shall be submitted by the applicant demonstrating that there will not exist substantial conflict in the peak hours of parking demand for the uses for which shared parking is proposed.
(3) 
When public pedestrian open space is required to be provided pursuant to § 230-189E, additional off-street parking intended to serve such open space shall be required to be provided at a minimum rate of one parking space per 2,500 square feet of public pedestrian open space. This parking shall be calculated in addition to the minimum number of off-street parking spaces required per Subsection A(1) above; however, the approving body may reduce or waive this additional parking requirement if the applicant can demonstrate to the satisfaction of the approving body that shared parking among uses will obviate or lessen the need for such parking.