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Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
[Added 9-27-2016 by Ord. No. 2016-23]
[Amended 9-28-2021 by Ord. No. 2021-22]
The goal of the PBR Pine Brook Redevelopment Zone is to redevelop the subject area with attractive, high-quality retail, service and/or hotel uses which emphasize a human scale of development and enhance the streetscape along Bloomfield Avenue. As an alternative to these uses, redevelopment of the subject area with motor vehicle sales uses shall also be permitted subject to an alternative development strategy as set forth herein.
A. 
Principal uses. The following principal uses are permitted in the PBR Zone:
(1) 
Retail stores.
(2) 
Personal service establishments.
(3) 
Eating and drinking establishments.
(4) 
Banks.
(5) 
Instructional studio spaces, such as but not necessarily limited to dance, artist studios, martial arts, music, and related studios.
(6) 
Hotels.
(7) 
Banquet halls.
(8) 
Motor vehicle sales, new.
(9) 
Parking garages, provided that a parking garage shall only be permitted as a principal use if same is developed with adjacent motor vehicle sales use(s) as an integrated whole and same is used solely by the adjacent motor vehicle sales use(s).
[Added 9-28-2021 by Ord. No. 2021-22]
B. 
Accessory uses. The following accessory uses are permitted in the PBR Zone:
(1) 
Off-street parking and loading.
(2) 
Outdoor cafes associated with and on the same lot as indoor eating and drinking establishments.
(3) 
Fences and walls.
(4) 
Signs.
(5) 
Accessory uses normally incidental to hotels, including newsstands, gift shops, restaurants, bars, swimming pools, salons and spas, banquet halls, and conference rooms.
(6) 
Electric vehicle charging stations, retail and nonretail.
[Added 9-28-2021 by Ord. No. 2021-22]
(7) 
Accessory uses normally incidental to motor vehicle sales, including parking garages, outdoor display of vehicles for sale, vehicle inventory storage within a parking garage, and retail sales, limited to the sale of items related to the principal use.
[Added 9-28-2021 by Ord. No. 2021-22]
C. 
Prohibited uses. Any use or structure other than those uses or structures permitted in Subsections A or B above shall be prohibited. In addition, and notwithstanding the above, the following uses shall be specifically prohibited within the PBR Zone:
(1) 
Used car sales, except as accessory to a new motor vehicle franchise located on the premises.
(2) 
No single retail use occupant shall be permitted to have a building footprint exceeding 20,000 square feet gross floor area.
(3) 
Outdoor storage, excluding vehicle inventory storage within a parking garage and the outdoor display of vehicles for sale.
[Added 9-28-2021 by Ord. No. 2021-22]
(4) 
Service bays and the servicing and/or repair of vehicles shall not be permitted on-site; however, interior prep bays and interior delivery bays shall be permitted in relation to motor vehicle sales.
[Added 9-28-2021 by Ord. No. 2021-22]
A. 
Area and bulk requirements. The following area and bulk requirements shall apply to all development within the PBR Zone, except for motor vehicle sales:
[Amended 9-28-2021 by Ord. No. 2021-22]
Requirement
PBR Zone
Minimum lot area
5 acres
Minimum setback to building:
From Route 46
20 feet
From Bloomfield Avenue
10 feet
From Changebridge Road
20 feet
From other lot lines
20 feet
Maximum setback to building:
From Bloomfield Avenue
20 feeta
From other lot lines
None
Maximum building height:
Hotels
50 feet/4 storiesb
All other uses
30 feet/2 stories
Maximum building coverage
25%
Maximum impervious coverage
80%
Multiple buildings per lot
Permitted
Minimum distance between buildings
40 feetc
NOTES:
a
Maximum setback shall be met for at least 75% of the lot's Bloomfield Avenue frontage.
b
Any elements of buildings which are greater than two stories in height shall have the following minimum setback from all streets: 20 feet per story.
c
Or the height of the taller building, whichever is higher.
B. 
Supplemental development standards for hotels. In addition to the area and bulk standards set forth in Subsection A above, the following supplemental regulations shall apply to all hotel uses within the PBR Zone:
(1) 
The hotel shall contain a minimum of 120 guest rooms.
(2) 
The hotel shall contain restaurant space consisting of no less than 80 seats.
(3) 
The hotel shall contain conference room space that is no less than 6,000 square feet in area.
C. 
Motor vehicle sales uses within the PBR Zone shall be regulated per § 230-249.1.
[Amended 9-28-2021 by Ord. No. 2021-22]
A. 
Minimum number of parking spaces. The minimum number of off-street parking spaces required shall be as shown below:
Land Use
Requirement
Retail stores
1 space per 250 square feet of gross floor area
Personal service establishments
1 space per 200 square feet of gross floor area
Eating and drinking establishments
1 space per 3 seats, but no less than 1 space per 250 square feet of gross floor area
Banks
1 space per 200 square feet of gross floor area
Instructional studio spaces
1 space per 200 square feet of gross floor area
Hotels
1.2 spaces per guest room
Restaurants (accessory to hotel)
1 space per 3 seats
Conference Space (accessory to hotel)
1 space per 275 square feet of gross floor area
Motor vehicle sales, new
1 space per 400 square feet of gross floor area, plus 1 space per 5,000 square feet of outdoor display area and 1 space per service bay
B. 
Minimum number of loading spaces. The minimum number of off-street loading spaces required shall be as set forth at § 230-204.
C. 
Location. Parking and loading are discouraged along the Bloomfield Avenue frontage. All off-street parking, loading, and traffic aisles shall be set back at least 10 feet from all property lines. Parking and traffic aisles shall be set back at least five feet from all buildings. Loading shall be permitted in front yards, but shall be setback/screened from the street to the maximum extent possible.
D. 
Curb cuts. There shall be no more than one curb cut per street frontage for each lot in the PBR Zone.
E. 
Off-street parking and loading for motor vehicle sales uses shall be regulated per § 230-249.1.
[Added 9-28-2021 by Ord. No. 2021-22]
[Amended 4-9-2019 by Ord. No. 2019-08; 9-28-2021 by Ord. No. 2021-22]
Except for motor vehicle sales uses in the PBR Zone, which are regulated per § 230-249.1, signage requirements for the PBR Zone shall be consistent with § 230-217, which governs sign regulations in the B-3 through B-6 Zones. However, development within the PBR Zone shall also be permitted to install awning signs and hanging signs consistent with the regulations set forth at § 230-216C and D. All signage shall be part of a unified design theme.
[Added 9-28-2021 by Ord. No. 2021-22]
A. 
Area and bulk requirements. The following area and bulk requirements shall apply to all motor vehicles sales uses developed within the PBR Zone:
Requirement
Motor Vehicle Sales
Minimum lot area
5 acresa
Minimum setback to buildings:
From streets
40 feetb
From westerly boundary of PBR Zone
20 feet
Maximum setback to buildings
None
Maximum building height:
Feet
30 feetc
Stories
Two stories
Maximum building coverage
37%
Maximum impervious coverage
85%
Maximum floor area ratio
None
Multiple buildings per lot
Permitted
Minimum distance between buildings
40 feet
Notes:
a
Unless a motor vehicle sales use is developed with an adjacent motor vehicle sales use and/or an adjacent parking garage use as an integrated whole, in which case each individual lot area may be less than 5.0 acres, provided the totality of all lots meets or exceeds the five-acre minimum, and provided the lots are designed with common access features and the site plan requirements are satisfied by the totality of the development.
b
Subject to § 230-130A.
c
Provided that, irrespective of § 230-131, parapets, portals and/or other decorative facade elements shall be permitted to extend up to a maximum height of 35 feet for a maximum of 40% of each building elevation.
B. 
Supplemental requirements. In addition to the area and bulk standards set forth in Subsection A above, the following supplemental regulations shall apply to all motor vehicle sales uses within the PBR Zone:
(1) 
Prep/delivery bays. Prep bay or delivery bay doors are discouraged along the Bloomfield Avenue frontage. Where prep bay or delivery bay doors are provided along the Bloomfield Avenue frontage, same shall be set back a minimum of 85 feet from the Bloomfield Avenue right-of-way and screened with landscaping.
(2) 
Outdoor display of vehicles.
(a) 
Any parking spaces or traffic aisles associated with the outdoor display of vehicles for sale shall be set back a minimum of 10 feet from all property lines, except as follows:
[1] 
Where a motor vehicle sales use is developed with an adjacent motor vehicle sales use and/or an adjacent parking garage use as an integrated whole, no setback is required along the shared lot line(s);
[2] 
The outdoor display of vehicles for sale shall be permitted within five feet of the Route 46 right-of-way, provided that such vehicles occupy an area of no more than 2,500 square feet, are parked on pervious pavers, and are landscaped with shrub plantings between the vehicles and the right-of-way.
(b) 
The setback area, where required, shall be landscaped in accordance with Subsection G(2)(a)[1] below.
(c) 
The outdoor display of vehicles for sale in the PBR Zone shall be specifically exempt from § 230-156.1, Outdoor display of merchandise, including exemption from the setback requirements set forth therein.
(3) 
Parking garages.
(a) 
Parking garages in the PBR Zone, whether constructed as a principal use on a lot or as an accessory to a principal motor vehicle sales use on the same lot, shall be considered a structure (not a building).
(b) 
Irrespective of anything in § 230-54 to the contrary, where a parking garage in the PBR Zone is attached to a principal building by a canopy or other building element, said garage shall not be considered part of the principal building.
(c) 
Parking garages in the PBR Zone shall be subject to § 230-157, Parking garages, except as follows:
[1] 
Irrespective of § 230-157B, parking garages in the PBR Zone shall conform to the following bulk requirements:
Requirement
Parking Garages
Minimum setback to garage:
From streets
40 feet
From westerly boundary of PBR Zone
20 feet
Maximum setback to garage
None
Maximum garage height:
Feet
30 feet
Stories
None
Maximum floor area ratio
None
Minimum distance between garage and buildings
None
[2] 
Irrespective of § 230-157C, parking garages in the PBR Zone shall be set back at least 100 feet from any property located within a residential zone.
[3] 
Irrespective of § 230-157E, parking garages in the PBR Zone shall not be required to provide a green roof; however, where a green roof is not provided, the parking garage shall be counted as square footage for the purposes of calculating building coverage.
[4] 
Irrespective of § 230-157G, foundation plantings shall only be required along parking garage walls which face a street.
[5] 
Irrespective of § 230-157H, parking garages in the PBR Zone may be used for vehicle inventory storage.
(4) 
Truck traffic.
(a) 
Vehicles to be sold/leased on the premises shall not be permitted to be delivered to the site via manufacturer tractor trailer. Tractor trailers owned or controlled by the owner of the site may deliver vehicles to the site via Route 46 only.
(b) 
With the exception of emergency vehicles, no truck traffic into or out of the site shall be permitted along Bloomfield Avenue.
C. 
Off-street parking requirements.
(1) 
Minimum number of parking spaces.
(a) 
There shall be provided, whether in surface parking lots or parking garages, a minimum of one parking space per 400 square feet of gross floor area within buildings, plus one parking space per 5,000 square feet of area devoted to the outdoor display of vehicles for sale. Areas devoted to vehicle inventory storage within a parking garage, as well as areas for the display of vehicles for sale within a showroom, shall be exempt from the calculation of minimum parking requirements.
(b) 
When determining compliance with the minimum parking requirements set forth in Subsection C(1)(a) above, parking spaces used for the display of vehicles for sale and/or for vehicle inventory storage shall not be counted as a parking space for the purposes of calculating the proposed number of off-street parking spaces to be provided.
(2) 
Location. All off-street parking spaces and traffic aisles [not including parking spaces for the display of vehicles for sale, which are regulated in Subsection B(2) above] shall be set back a minimum of 10 feet from all property lines and a minimum of five feet from all buildings, except for traffic aisles serving interior prep bays and/or delivery bays, which shall be permitted to have no setback from the building. Off-street parking spaces and traffic aisles shall be set back minimally five feet from a parking garage, except along parking garage walls which do not face a street, in which case no setback is required.
(3) 
Shared parking: Shared parking, whether in surface parking lots or parking garages, is specifically permitted for adjacent motor vehicle sales uses developed as an integrated whole, provided that the overall minimum number of off-street parking spaces is satisfied. Shared parking shall not be subject to the minimum ten-foot setback requirement along the shared lot line(s). Shared parking arrangements shall be exempt from § 230-125A, but shall be subject to § 230-125B.
(4) 
Electric vehicle charging stations: A minimum of 7% of all off-street parking spaces (excluding parking spaces for the display of vehicles for sale and/or for vehicle inventory storage) shall contain facilities for nonretail electric vehicle charging designed in accordance with § 230-161.1C.
D. 
Off-street loading requirements.
(1) 
Minimum and maximum number of loading spaces. Irrespective of anything in § 230-204 to the contrary, each dealership on the site shall be permitted one loading space.
(2) 
Location. All loading spaces shall be set back a minimum of 10 feet from all property lines. Loading shall be permitted in front yards, but shall be screened from the street as required per Subsection G(2)(a)[1] below.
E. 
Signage.
(1) 
Building wall signs.
(a) 
The total maximum wall sign area permitted per building shall be 375 square feet, which shall be calculated as the sum total of all wall signs on all facades of the building.
(b) 
For buildings which have frontage on three streets, an additional 20% of wall sign area (up to 450 square feet) shall be permitted.
(c) 
No more than three wall signs shall be permitted on any one facade.
(d) 
Walls signs in the PBR Zone shall be exempt from the supplemental regulations for wall signs set forth at § 230-211G.
(e) 
Wall signs in the PBR Zone shall be subject to the illumination requirements set forth at § 230-213, except that wall signs facing Bloomfield Avenue shall not be permitted to be illuminated.
(2) 
Parking garage sign.
(a) 
In addition to the permitted building wall signage, a maximum of one sign shall be permitted to be affixed to the wall of the parking garage. Said sign shall only be permitted along the Route 46 frontage.
(b) 
A maximum sign area of 220 square feet is permitted on the parking garage.
(c) 
The parking garage sign shall be exempt from the supplemental regulations for wall signs set forth at § 230-211G.
(d) 
The parking garage sign shall not be permitted to be illuminated.
(e) 
Horizontal metal mesh along the facade of the parking garage shall not be considered part of any signage.
(3) 
Freestanding signs.
(a) 
No more than one freestanding sign shall be permitted on any one street frontage, provided that if more than one dealership in the PBR Zone has frontage on a particular street, each dealership shall be permitted one freestanding sign on that street frontage.
(b) 
The total maximum freestanding sign area permitted per dealership in the PBR Zone shall be 165 square feet, which shall be calculated as the sum total of all freestanding signs on the lot exclusive of any base, plinth, or columns; provided, however, that in no event shall any dealership's freestanding sign fronting on Bloomfield Avenue exceed an area of 65 square feet.
(c) 
The maximum height from ground level for freestanding signs fronting on Route 46 shall be 25 feet. The maximum height from ground level for freestanding signs fronting on other streets shall be 13 feet.
(d) 
No freestanding sign shall be located closer than 15 feet from the curbline of the abutting street.
(e) 
Freestanding signs in the PBR Zone shall be exempt from the supplemental regulations for freestanding signs set forth at § 230-211H, but shall be subject to the color requirements at § 230-211C.
(f) 
Irrespective of § 230-211B, all signs shall be set back at least 40 feet from any property located within a residential zone.
(g) 
Freestanding signs in the PBR Zone shall be subject to the illumination requirements set forth at § 230-213, except that freestanding signs fronting on Bloomfield Avenue shall be permitted to be internally illuminated.
(4) 
Directional signs. Directional signs shall be permitted pursuant to § 230-211E.
(5) 
Flags. Flags of the United States, State of New Jersey or other governmental or quasi-public agencies are specifically permitted in the PBR Zone. Flagpoles shall be subject to § 230-128C(1), except that flagpoles shall be permitted at a height of up to 60 feet.
F. 
Grading.
(1) 
Grading. Lot grading in the PBR Zone shall be consistent with § 230-71 and § 230-135, except that § 230-71B(10) prohibiting the alteration of site elevations in excess of one foot within five feet of an adjoining property shall not apply to the shared lot line(s) where a motor vehicle sales use is developed with an adjacent motor vehicle sales use and/or an adjacent parking garage use as an integrated whole. The term "adjoining property" shall not be interpreted to apply to public rights-of-way.
(2) 
Retaining walls. Retaining walls in the PBR Zone shall be subject to § 230-159M.
(3) 
Steep slopes. Development in the PBR Zone shall be exempt from § 230-143.1, Regulation of slopes.
G. 
Design standards for subdivision and site plans.
(1) 
Subdivisions. Subdivisions (including lot line adjustments) within the PBR Zone shall comply in all respects with Chapter 230, Article IX, Design Standards for Subdivisions, provided that provisions therein related to street right-of-way widening and/or dedication shall be subject to the discretion of the approving authority, and further provided that development within the PBR zone shall be exempt from § 230-62, Bikeways.
(2) 
Site plans.
(a) 
Site plans within the PBR Zone shall comply in all respects with § 230-98.1, Pine Brook design standards, except as follows:
[1] 
Irrespective of § 230-98.1D, Landscaping, motor vehicle sales uses shall be subject to the following landscaping requirements:
[a] 
A landscape design plan shall be required, which shall provide a variety of plant material to enhance the character of the site, including foundation plantings and perimeter trees and shrubs.
[b] 
A dense evergreen buffer at a minimum planting height of seven feet shall be required along the site's Bloomfield Avenue frontage, but shall be subject to the approving authority's approval of sight distances and visual interest.
[c] 
Street/shade trees shall be required to be planted on the property along the Route 46 and Changebridge Road frontages at an average distance of 50 feet on center. Street/shade trees shall conform with § 230-95C.
[d] 
Interior lot landscaping shall be required as follows:
[i] 
Each parking row shall be contained by a landscaped island at the beginning and end of the parking row, and such islands shall be planted with shade and/or ornamental trees and shrub plantings as deemed appropriate by the approving authority.
[ii] 
A minimum of three shrubs shall be planted for every perimeter parking space along the perimeter of the parking spaces, except where such planting would conflict or interfere with the evergreen buffer planting required herein.
[e] 
With the exception of the evergreen buffer required along Bloomfield Avenue, the types of plant material provided on site shall comply with the species set forth at § 230-95C(4) and (5); provided, however, that European hornbeam shall be permitted along the Route 46 frontage.
[2] 
Irrespective of § 230-98.1E, Lighting, motor vehicle sales uses shall be subject to the following lighting requirements:
[a] 
Decorative pole-mounted lighting fixtures shall be provided along the Bloomfield Avenue and Changebridge Road frontages at 150-foot intervals, as well as at strategic locations along the Route 46 entrance drives. The type of decorative lighting fixture to be utilized shall be consistent with those set forth at § 230-96E(1)(a). The type of bulbs to be utilized shall be consistent with § 230-95E(3).
[b] 
Sharp cut-off type fixtures shall be permitted within parking and display areas within the interior of the lot.
[c] 
Building-mounted fixtures shall be complementary to the architectural style of the building.
[d] 
No light source shall exceed a height of 16 feet along Bloomfield Avenue. In all other locations, light sources shall be permitted up to a maximum height of 20 feet.
[e] 
The proposed outdoor site lighting plan shall incorporate, where practical, circuiting such that portions of the site not needing overnight security lighting provide reduced illumination after business hours. The intent is to reduce excessive illumination of the entire site to reduce skyglow impacts to neighboring properties and promote energy conservation.
[3] 
Irrespective of § 230-98.1F, Streetscape, motor vehicle sales uses shall be exempt from § 230-95, Streetscape design standards, unless otherwise specified herein.
(b) 
In addition to § 230-98.1, the following provisions set forth in Chapter 230, Article X, Design Standards for Site Plans, shall apply:
[1] 
§ 230-80, Parking and loading, except as follows:
[a] 
Irrespective of § 230-80E, the location of parking and loading for motor vehicle sales uses in the PBR Zone shall be subject to the standards set forth herein above.
[b] 
Irrespective of § 230-80F(1), parking spaces used for vehicle inventory storage within a parking garage shall be permitted to be compact spaces with dimensions of 8.5 feet wide by 16 feet long.
[c] 
Irrespective of § 230-80H(4), spaces in a parking garage with a depth of at least 18 feet shall not be required to provide two feet of additional overhang where abutting a sidewalk/walkway.
[2] 
§ 230-86, Lighting, with the exception that § 230-86E(1) shall not apply to the shared lot line(s) where a motor vehicle sales use is developed with an adjacent motor vehicle sales use and/or an adjacent parking garage use as an integrated whole, and with the further exception that in no event shall freestanding light fixtures be permitted on the top level of a parking garage in the PBR Zone.
[3] 
§ 230-87, Trash, garbage and recyclable materials, except that enclosures for the storage of trash, garbage and recyclable materials shall be permitted in a front yard, provided that said enclosure shall be screened from view from the adjoining street(s).
[4] 
§ 230-98.2C(3), Cool roofs.
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," which new section includes the Township's requirements pertaining to cool roofs. 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.
(c) 
Unless specified herein above, the standards set forth in Chapter 230, Article X, Design Standards for Site Plans, shall not apply to motor vehicle sales in the PBR Zone.
H. 
Phasing. Phasing shall be permitted in accordance with the Route 46 West Redevelopment Plan Amendment. If redevelopment proceeds on a phased basis as outlined therein, the development standards set forth in Subsections A through G above shall be modified and supplemented as follows for the first phase only:
(1) 
Modified minimum lot area: The minimum lot area at Phase 1 shall be 3.0 acres, unless a motor vehicle sales use is developed with an adjacent parking garage use as an integrated whole, and provided the lots are designed with common access features and the site plan requirements are satisfied by the totality of the Phase 1 development.
(2) 
Supplemental setback requirements: Any building and/or parking garage at Phase 1 site shall be set back minimally 20 feet from the shared lot line with Lot 7.
(3) 
Supplemental curb cut requirements: There shall be no more than one curb cut per street frontage at Phase 1.