It shall be required that any conditional use located in a residential
zone must comply with the conditional use regulations set forth below
in this article, with the additional requirement that such conditional
use be subject to a maximum permitted impervious coverage of 55% of
the total square footage of the lot, along with a maximum floor area
ratio (FAR) not to exceed 25%. Conditional uses in nonresidential
zones shall only be subject to the conditional use regulations set
forth below, unless otherwise indicated in this chapter.
For public and private schools, which shall satisfy state academic
and curriculum standards for primary and secondary levels of education,
the following conditions shall be met wherever permitted in Part 4:
B.
There shall be a minimum lot area of five acres.
C.
All buildings shall be located at least 100 feet from a street or
residential district property line, at least 25 feet from a side property
line and 100 feet from a rear property line.
D.
Any property so used shall front on an arterial or collector street
as identified in the Township Master Plan.
E.
Off-street parking shall be provided in accordance with Schedule
E, Off-Street Parking Requirements, included at the end of this chapter.
All parking areas and driveways shall be located at least 50 feet
from a residential district property line, at least 25 feet from any
other property line or from a street and at least 10 feet from a building.
F.
There shall be a minimum distance between buildings of 25 feet.
G.
Fencing or screening shall be provided as required by the Planning
Board.
H.
Building design shall be consistent with the character of the neighborhood
in which the school is to be located.
For commercial stables and equestrian stables and arenas for
equestrian activities, which may include the boarding and breeding
of horses, the following conditions shall be met wherever permitted
in Part 4:
B.
Horses shall be confined to fenced enclosures or buildings. Fenced
enclosures shall be at least 10 feet from a street, 25 feet from a
residential property line and 10 feet from all other property lines.
C.
Public address systems and the use of loudspeakers, noisemaking devices
or similar devices are prohibited.
D.
The number of horses maintained at any commercial stable shall not
exceed the limitations established in § 230-143C(13)(a).
E.
Horse shows are permitted only if authorized by permit issued by
the Township Committee.
For kennels, as defined in Article VIII, the following conditions shall be met wherever permitted in Part 4:
A.
There shall be a minimum lot area of three acres.
B.
All buildings and structures, including specifically pens, or other
enclosures in which the animals are to be kept related to the kennel
use, shall be located at least 100 feet from any property line.
C.
It is intended that kennels may be permitted in connection with, and on the same lot as, a single-family residence use. In this case, the lot shall have a minimum lot area of one acre for the single-family residence in addition to the lot area requirement in Subsection A above.
D.
The number of dogs and cats, or combination thereof, shall be limited
to 40, provided that, for kennels greater than three acres in area,
20 additional animals shall be permitted per one additional acre.
E.
All animals "housed" in the kennels shall be contained in buildings,
pens or other enclosures at all times and shall be kept within the
confines of a building between the hours of 9:00 p.m. and 8:00 a.m.
F.
A minimum buffer of 50 feet shall be required from all adjoining
lot lines, consisting of landscaped and fencing material. All enclosures
shall be of soundproof construction and so operated as to produce
no objectionable odors at the lot boundary line.
G.
Any such kennel shall be approved by the Board of Health in order
to insure proper sanitary facilities and compliance with the applicable
state and local health codes.
H.
The required number of parking spaces shall be calculated as follows:
A minimum of six parking spaces, plus one for each employee, plus
one additional parking space provided for every five additional animals
permitted in the kennel in excess of 40 animals.
For community shelters for more than six victims of domestic
violence, pursuant to N.J.S.A. 40:55D-66.1 et seq., the following
conditions shall be met wherever permitted in Part 4:
A.
The minimum lot area shall be 120,000 square feet.
B.
All yard, setback and height requirements for the zone in which the
use is located shall be met.
C.
All principal and accessory structures shall be designed and constructed
so as to be compatible with the appearance of a one-family residence.
D.
The maximum building and impervious coverage requirements for the
zone in which the use is located shall be met.
E.
A minimum of seven but no more than 15 persons, exclusive of the
resident staff, shall be housed in a single community shelter for
victims of domestic violence located in any residential zone.
F.
No property devoted to a community shelter for victims of domestic
violence shall be located within 1,500 feet of another property devoted
to a similar such use.
G.
A conditional use permit for a community shelter for victims of domestic
violence shall not be issued if the total number of persons currently
residents at such facilities within the entire Township exceeds, exclusive
of resident staff, 50 persons or 0.5% of the population of the Township,
whichever is greater.
H.
One off-street parking space for each employee or staff resident,
plus one off-street parking space for each five residents, shall be
provided.
For office buildings in the R-27D Residential District, the
following conditions shall be met:
A.
The requirements applicable to the OB-1 Office Building District,
as contained in Schedule D, Schedule of Area and Bulk Requirements,
included at the end of this chapter, shall be complied with, except
for rear and side yard requirements, which shall be as follows:
(1)
Rear yard. A rear yard adjoining either a property located in
the R-27D District or a public property shall not be less than 50
feet. A rear yard adjoining any other property shall not be less than
100 feet.
(2)
Side yard. A side yard adjoining either a property located in
the R-27D District or a public property shall not be less than 20
feet. A side yard adjoining any other property shall not be less than
100 feet.
B.
Off-street parking shall be provided in accordance with Schedule
E, Off-Street Parking Requirements, included at the end of this chapter,
except that any parking area located in a side or rear yard shall
be at least 50 feet from an adjoining property unless such property
is located in the R-27D District or is a public property in which
case the parking area shall be located at least 10 feet from the adjoining
property.
As set forth in Schedule C, Schedule of Permitted Uses, included
at the end of this chapter, permitted conditional uses in the R-27E
Residential District shall consist of retail, personal service establishments,
office buildings, banks, health and fitness centers, and animal hospitals.
For these uses, the following conditions shall be met:
A.
The requirements applicable to the B-2 Business District, as contained
in Schedule D, Schedule of Area and Bulk Requirements, included at
the end of this chapter, shall be complied with, except for rear and
side yard requirements, which shall be as follows:
(1)
Rear yard. A rear yard adjoining either a property located in
the R-27E District or a public property shall not be less than 50
feet. A rear yard adjoining any other property shall not be less than
100 feet.
(2)
Side yard. A side yard adjoining either a property located in
the R-27E District or a public property shall not be less than 20
feet. A side yard adjoining any other property shall not be less than
100 feet.
B.
Off-street parking shall be provided in accordance with Schedule
E, Off-Street Parking Requirements, included at the end of this chapter,
except that any parking area located in a side or rear yard shall
be at least 50 feet from an adjoining property unless such property
is located in the R-27E District or is a public property in which
case the parking area shall be located at least 10 feet from the adjoining
property.
C.
No use, including banks, shall be permitted to contain drive-up or-through
facilities.
For office buildings in the R-20C Residential District, the
following conditions shall be met:
A.
Office uses shall only be permitted when an existing detached residential
dwelling is converted to office use or mixed residential/office use.
No new office buildings shall be constructed.
B.
The requirements applicable to the R-20A Residential District, as
contained in Schedule D, Schedule of Area and Bulk Requirements, included
at the end of this chapter, shall be complied with, except that side
and rear yards adjoining properties located in residential zones other
than the R-20C District shall not be less than twice the setback required
in the R-20A District.
C.
Off-street parking shall be provided in accordance with Schedule
E, Off-Street Parking Requirements, included at the end of this chapter,
except that any parking area located in a side or rear yard shall
be at least 50 feet from an adjoining property unless such property
is located in the R-20C District in which case the parking area shall
be located at least 10 feet from the adjoining property.
For apartments in the B-1 Business District, the following conditions
shall be met:
A.
Apartments shall only be permitted above the following at-grade commercial
uses:
B.
The lot whereon said apartments are located shall have a minimum
frontage of 100 feet along Route 202/Main Road.
C.
The number of apartment units permitted on a lot shall not exceed
one dwelling unit per 1,500 square feet of commercial floor area.
D.
All requirements applicable to the B-1 Business District, as contained
in Schedule D, Schedule of Area and Bulk Requirements, included at
the end of this chapter, shall be complied with.
E.
Off-street parking shall be provided in accordance with Schedule
E, Off-Street Parking Requirements, included at the end of this chapter,
except that all accessory parking areas shall be restricted to side
and rear yards only. Front yard parking shall be prohibited.
A.
For retail and personal service establishment uses in the I-2A Industrial
District, the following conditions shall be met:
[Amended 3-9-2021 by Ord. No. 2021-03]
(1)
The requirements applicable to the I-2A Industrial District,
as contained in Schedule D, Schedule of Area and Bulk Requirements,
included at the end of this chapter,[1] shall be complied with, except that the minimum lot area
shall be 80, 000 square feet.
[1]
Editor's Note: Schedule D is included as an attachment to this chapter.
(2)
The maximum size of any building shall be 12,000 square feet.
Any individual retail store or shop shall be a maximum of 5,000 square
feet of floor area.
(3)
In order to discourage conventional strip commercial development,
the number of retail tenants per site shall be limited to a maximum
of three.
(4)
A twenty-five-foot-wide landscaped strip consisting of flowering
and ornamental trees, plants and shrubs shall be provided along the
street corridor in order to enhance the visual environment and depart
from the typical image of strip commercial development.
(5)
Cross-access easements among adjacent properties are encouraged
to assist in traffic flow and minimize conflicting turning movements
along Changebridge Road.
B.
For restaurant uses in the I-2A Industrial District, the following
conditions shall be met:
[Amended 12-9-2014 by Ord. No. 2014-33]
(2)
There shall be no more than one restaurant on a site developed
under this section.
(3)
No more than 100 seats shall be permitted in a restaurant, with
no more than 20 of those seats placed outdoors.
(4)
Outdoor dining areas shall be subject to the design standards for outdoor cafes in the Towaco Center Districts, as set forth at § 230-96C(1); however, any deviation from said standards shall require a design exception per § 230-47B and shall not be considered a deviation from conditional use requirements.
(6)
Fast-food establishments, as well as any establishments with
drive-through facilities, are expressly prohibited in the I-2A District.
For public utility buildings and power-generating stations,
the following conditions shall be met wherever permitted in Part 4:
A.
The minimum lot area for the zone district in which the use is located
shall be met.
B.
All yard and setback requirements of the zone district shall be met;
provided, however, that any such facility shall be located at least
100 feet from a residential district boundary line.
C.
Adequate off-street parking shall be provided. Parking areas and
driveways shall meet parking setback requirements of the zone district.
D.
Fencing or screening shall be provided as required by the Planning
Board.
E.
Building design shall be consistent with the character of the neighborhood
in which the use is to be located.
F.
No installation shall involve the use of PCBs (polychlorinated biphenol)
in transformers or other equipment.
[Amended 6-13-2017 by Ord. No. 2017-24]
A.
For self-storage facilities in the B-5 and I-1B Zones, the following
conditions shall be met:
(1)
Said use may include the lease or rental of space for the outdoor
storage of privately owned motor homes, campers, trailers, boats and
similar recreational vehicles and equipment. The area devoted to such
storage shall not exceed 1/2 the ground coverage of buildings.
(2)
All storage buildings and areas shall be enclosed by six-foot-high fencing meeting the requirements of § 230-159. No outdoor storage area shall be visible from any street or residential zone.
(3)
There shall be a minimum distance between buildings of 35 feet.
When a driveway or parking lane is located between buildings, the
minimum distance between buildings shall be 50 feet.
(4)
All other requirements of the zone in which the use is located
shall be met.
B.
For self-storage facilities in the OB-2A and OB-4 Zones, the following
conditions shall be met:
(1)
Storage facilities shall be contained within a single principal
building.
(2)
There shall be no outdoor storage of any kind, with the exception
of trash enclosures and property maintenance equipment, which shall
be properly screened.
(3)
Accessory retail sales of boxes and packaging materials shall
be permitted on-site; however, the rental of trucks or trailers is
specifically prohibited.
(4)
Within individual storage units there shall be no storage of
flammable, perishable, or hazardous materials of any kind. Further,
there shall be no storage of controlled substances, firearms or animals,
no operation of any machinery or generation of any operational noise,
and no manufacturing process, wholesale operation or retail sales
of any kind. Human habitation is also prohibited within individual
storage units.
(5)
Self-storage facilities shall not operate or allow tenant access
between the hours of 10:00 p.m. and 7:00 a.m.
[Amended 6-13-2017 by Ord. No. 2017-24; 3-9-2021 by Ord. No. 2021-03]
A.
OB-5 Zone.
(1)
Personal service establishments and banks and financial institutions,
excluding banks with drive-through facilities, shall be permitted
in the OB-5 Zone if the following conditions are met:
(a)
A roadway is constructed that provides a linkage from Route
202 at the Route 287 interchange, through the OB-5 Zone, to Changebridge
Road, in the manner set forth in the 2010 Land Use Plan Element of
the Master Plan. (See page 39 of the Plan.)
(b)
A minimum buffer dimension shall be provided along the westerly
and southeasterly portions of this zone; as depicted in the 2010 Land
Use Plan Element of the Master Plan. (See page 39 of the Plan.)
(2)
Where the new road, as set forth in § 230-B(1) above
and in the 2010 Land Use Plan Element of the Master Plan, is provided,
the OB-5 regulations governing building coverage shall be permitted
to be increased from 25% to 32%, and the permitted floor area ratio
shall be permitted to be increased from 20% to 30%.
[Added 4-25-2017 by Ord.
No. 2017-16]
A.
Applicability. The provisions in this section apply to all oil and
hazardous substance pipelines proposed for construction and siting
within the Township. To the extent any regulations within this section
conflict with state or federal regulations or laws regulating oil
and hazardous substance pipelines, those state or federal regulations
and laws shall take precedence over this section.
B.
Uses. Oil and hazardous substance pipelines that are not providing
services to the public as end users and are not regulated by the New
Jersey Board of Public Utilities are prohibited in all residential
zones and districts within Montville Township and shall constitute
conditional uses in all other zones and districts within Montville
Township subject to the provisions of this section.
C.
Development and construction of oil and hazardous substance pipelines.
The following requirements and standards shall apply for the development
and construction of any oil or hazardous substance pipeline within
Montville Township:
(1)
Application and approvals. Site plan approval shall be required
prior to the construction of any oil and hazardous substance pipeline
within Montville Township. An original application for a pipeline
approval and permit shall be submitted to the Township Land Use Administrator
with a copy submitted to the Township Engineer. Such application shall
include:
(a)
Plans showing the dimensions, valving frequency, and proposed
construction and siting of the oil and hazardous substance pipeline,
related appurtenances and facilities;
(b)
Detailed cross-section drawings for all proposed pipeline public
street right-of-way, closings and easements, wetlands and New Jersey
open waters crossings;
(c)
A flow diagram showing the daily design capacity of the proposed
oil and hazardous substance pipeline;
(d)
A description of any changes in flow in the oil and hazardous
substance pipeline once in operation;
(e)
The proposed maximum operating pressure, in pounds per square
inch gauge (psig) at all points of change in elevation greater than
500 feet, or every 500 feet in length as a minimum; and
(f)
Diagrams and descriptions of all pipeline monitoring facilities
and shut off/flow control valves proposed to be located in or closest
to the municipality.
(2)
Required setbacks. To promote the public health, safety, and
general welfare and to mitigate the aesthetic and environmental impacts
of the oil and hazardous substance pipeline and to minimize the potential
damage or interruption to essential public facilities by the oil and
hazardous substance pipeline, the construction and siting of the oil
and hazardous substance pipeline in Montville Township shall be conditioned
upon the following minimum setbacks. Any deviation from these minimum
setback requirements shall require "d"(3) variance relief:
(a)
Critical Water Resources (CWR) Overlay Districts and sole source
aquifer areas. Except as otherwise set forth in this section, the
oil and hazardous substance pipeline shall not be located within a
sole source aquifer or within either of the Critical Water Resources
(CWR) Overlay Districts.
(b)
One-hundred-foot setbacks. Except as otherwise set forth in
this section, oil and hazardous substance pipelines shall not be constructed
and sited closer than 100 feet from:
[1]
Any wetlands, unless a letter of interpretation
from NJDEP requires a larger buffer/setback;
[2]
Any year-round naturally occurring creek, stream, river, private or public well, or pond, unless the requirements set forth for riparian zones at § 230-240 require a larger buffer/setback; or
[3]
Any property in a B Business District or whereon
a business is located.
(c)
One-hundred-fifty-foot setbacks. Except as otherwise set forth
in this section, oil and hazardous substance pipelines shall not be
sited closer than 150 feet from any residential property, zone or
district on level grade.
(d)
Two-hundred-fifty-foot setbacks. Except as otherwise set forth
in this section, oil and hazardous substance pipelines shall not be
constructed and sited closer than 250 feet from any residential property,
zone or district where the residential property, zone or district
is located downhill from the pipeline at a grade equal to or greater
than 5%, except that no oil and hazardous substance pipelines shall
be located on slopes of a grade equal to or greater than 15%.
(e)
One-thousand-foot setbacks. Except as otherwise set forth in
this section, oil and hazardous substance pipelines shall not be constructed
and sited closer than 1,000 feet from any high-consequence land use
lot or essential public facilities structure.
(3)
Submittal of additional information. If requested by the Approving
Board and/or Township Engineer, preliminary as-built information,
including, without limitation, as-built drawings, a copy of GIS shapefiles
of the pipeline and its related appurtenances and facilities within
the municipality, and any additional requested information about the
oil and hazardous substance pipeline shall be filed 90 days before
the date the pipeline is proposed to become operational with the Land
Use Office and/or Township Engineer, as applicable. Updated as-built
information, including, without limitation, as-built drawings, a copy
of GIS shapefiles of the oil and hazardous substance pipeline and
its related appurtenances and facilities within the municipality,
and any additional information requested about the pipeline shall
be filed within 60 days after the oil and hazardous substance pipeline
has become operational with the Land Use Office and Township Engineer.
(4)
Construction. The pipeline owner and pipeline operator shall
give notice 48 hours prior to the proposed start date of construction
of the oil and hazardous substance pipeline to all affected residents,
businesses (including agricultural businesses) and to the Township
Engineer and Police Department. Private property owners and business
owners shall have access to their properties at all times during pipeline
construction.
D.
Emergency preparedness plan. Sixty days prior to the first date of
operation of the oil and hazardous substance pipeline, the pipeline
owner and pipeline operator shall meet with the Township Police Department
and Engineer and submit to them an emergency preparedness plan (EMP)
for any and all emergencies that may result in an accidental leak
or failure incident regarding the pipeline and its related appurtenances
and facilities. The EMP shall cover the requirements stated in 49
CFR 195.402 and 195.403 and shall identify a responsible local emergency
response official and a direct twenty-four-hour emergency phone number.
No oil and hazardous substance pipeline shall become operational,
nor shall any oil and hazardous substance be introduced into the oil
and hazardous substance pipeline prior to the pipeline owner and pipeline
operator receiving the prior written approval of the EMP by the Township
Engineer and Chief of Police.
E.
Insurance. No pipeline owner or pipeline operator shall operate any
oil and hazardous substance pipeline or introduce any oil or hazardous
substance into an oil and hazardous substance pipeline without first
obtaining insurance policies covering general liability, environmental
incidents and contamination, and property damage in an aggregate amount
to be determined by the Township based upon reasonable estimates of
potential liability and property damage that would result from a leak,
spill or other failure of the oil and hazardous substance pipeline.
Prior to the first operation of the oil and hazardous substance pipeline
and every year in which the oil and hazardous substance pipeline is
in operation thereafter, the pipeline owner or pipeline operator shall
submit insurance coverage certificates and endorsements to the Township
adding the Township as an additional named insured on the insurance
policies, demonstrating that the required policies and levels of insurance
have been obtained.
F.
Indemnification and hold harmless. Prior to the first operation of
the oil and hazardous substance pipeline, the pipeline owner and pipeline
operator shall both agree in writing to indemnify and hold harmless
Montville Township, as well as its officers, officials, supervisors,
employees, agents, contractors, and assigns, from any and all liability
relating to or arising from the oil and hazardous substance pipeline,
including, but not limited to, any failure, leak, spill, contamination,
cleanup, remediation, property damage, and personal injury from and
related to such pipeline. The indemnification and hold-harmless agreement
shall include a provision for the payment of Montville Township's
reasonable attorneys' fees and litigation costs.
G.
Easements. Any easements or rights-of-way obtained by the pipeline
owner or pipeline operator for the oil and hazardous substance pipeline
shall be recorded by the pipeline owner or pipeline operator in the
office of the County Clerk.
H.
Marking. The pipeline owner or pipeline operator shall install and
maintain markers to identify the location of the oil and hazardous
substance pipeline in accordance with all applicable federal and state
requirements.
I.
Pipeline failure and remediation. In the event that a leak, spill,
or failure has occurred with the oil and hazardous substance pipeline,
the pipeline owner and pipeline operator shall notify the Township
Engineer, the Township Police Department, and all property owners
within 1,000 feet of the affected pipeline area within one hour of
discovery of the leak, spill or failure. The pipeline owner and pipeline
operator shall cooperate with Township officials and make every effort
to respond as soon as possible to protect the public's health, safety,
and welfare. All leak or spill remediation plans shall be made in
consultation with the Township, and no remediation may be deemed complete
without final approval thereof by the Township. In the event that
the oil and hazardous substance pipeline is shut down due to a leak,
spill, or failure, the pipeline owner and pipeline operator shall
not restart the pipeline without the written approval of the Township
Engineer.
J.
Repair. Following any repair(s) of an oil and hazardous substance
pipeline, any areas disturbed by such repair(s) shall be revegetated
and restored in accordance with the applicable provisions of the Montville
Township Code at the pipeline owner's and pipeline operator's sole
cost and expense.
