The control and regulation of the nature and extent of uses
of structures as herein provided shall apply equally to the nature
and extent of the uses of land.
No land may be used and no structure may be erected, raised,
moved, extended, enlarged, altered, demolished, or used, for any purpose
other than that permitted herein for the zone in which it is located,
and all construction shall be in conformity with the regulations provided
for the zone in which such construction is located.
No building or part thereof shall be erected, constructed, altered
or moved until a building permit has been issued by the Building Inspector.
No building permit shall be issued unless all the following requirements
and conditions are complied with:
A.
All applications for a building permit shall be filed by the owner
or his agent and shall state the intended use of the structure and
the land. All specifications for a permit for a new structure shall
be accompanied by detail plans and specifications drawn to scale of
1/4 inch equals one foot with dimensions and by a plot plan drawn
to scale not smaller than one inch equals 50 feet by a licensed land
surveyor of the State of New Jersey. The plot plans shall show the
actual dimensions of all proposed and existing buildings, all open
spaces, the established building line within the block, utility lines,
parking or paved areas and any natural physical features upon the
lot or within 50 feet of said lot. In addition, such other information
as may be necessary or desirable to provide for the enforcement of
this article shall be provided to the Building Inspector upon his
request.
B.
All plans, specifications and plot plans required by this section
and by any officer or body of the Township charged with the enforcement
and administration of this article shall be signed by a duly licensed
architect of the State of New Jersey or by a licensed professional
engineer where permitted by law, or by the owner of a one-family dwelling
only if occupied by the owner. In the event the plans, specifications
and plot plans have been prepared by the owner or an agent of the
owner other than the above architect or engineer, the owner shall
file an affidavit to that effect in accordance with state law.
C.
The intended use, plans, specifications and plot plans shall conform
in all respects with the provisions of this article and with the provisions
of any other applicable Township ordinance, code or state regulations.
D.
Where site or plot plan approval of an intended use is required from
the Planning Board, such approval shall be obtained prior to the issuance
of a building permit.
E.
Where there is a question as to the suitability of a lot for its
intended use due to topography, rock formations, flood conditions,
public safety or other similar circumstances which in the opinion
of the Building Inspector may adversely affect the health, safety
or general welfare of the occupant of the lot or the public, the Building
Inspector shall not issue a permit unless so ordered by the Township
Council.
F.
Every building permit shall expire one year from the date of issuance
thereof. The Building Inspector shall revoke any building permit if
he finds that actual conditions and construction do not adhere to
either the plans or specifications submitted to him or to any other
applicable Township or state regulations. A revoked building permit
may not be reinstated unless the above nonadherence is corrected.
No land shall be occupied or used and no building hereafter
erected or altered shall be occupied or used in whole or in part for
any purpose whatsoever until a certificate of occupancy shall have
been issued by the Building Inspector. The certificate of occupancy
shall state that the use, building and premises complies with all
the provisions of this article and all other applicable Township and
state requirements. Certificates of occupancy shall be granted or
denied within one week of application therefor being received by the
Building Inspector.
A.
Certificate of occupancy shall specify the use of the land or building and any circumstances or conditions imposed by any public agency, code or regulations. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, will be treated as a new use and a new certificate of occupancy shall be required pursuant to § 600-72. Prior to the issuance of a certificate of occupancy for the change in use, all provisions of this chapter shall be complied with the same as if the new use were a new structure or a new use of land, unless waived by the Planning Board.
B.
No certificate of occupancy shall be issued by the Building Inspector
until he has ascertained that all requirements of this Part 4 are
fully complied with. Any other applicable Township or state regulations,
Board of Adjustment order, Township Council order, Township Engineer
order or plot plan approved by the Planning Board shall be complied
with prior to issuance of a certificate of occupancy.
C.
When by reason of adverse weather conditions completion of certain site improvements would cause an undue delay, a performance guarantee may be posted to ensure installation of incomplete improvements pursuant to § 600-125 and a certificate of occupancy issued.
D.
It shall be the duty of the Building Inspector to keep a record of
all applications for building permits and certificates of occupancy
and of all such permits and certificates issued with a notation of
all special conditions involved. He shall file and safely keep copies
of all plans and specifications submitted with such applications and
the same shall form a part of the records of his office and shall
be available to all officials of the Township. Copies of certificates
of occupancy shall be furnished upon request to any person having
a proprietary or leasehold interest in the structure or land affected.
A fee of 5% of the building permit fee or $5, whichever is larger,
shall be charged for each original certificate and $1 shall be charged
for each copy thereof.
[Amended by Ord. No. 9-85; Ord. No. 9-02; Ord. No. 13-04; Ord. No. 22-08]
Buildings and structures which are accessory to a principal
use or building are permitted in all zones provided:
A.
Accessory buildings in the business and industrial zones shall not
exceed the height regulations of the principal building. In the residential
zones, no accessory building shall exceed 16 feet in height except
for accessory buildings used on farms which shall not exceed 30 feet
in height.
B.
Accessory buildings in the R-3 and R-4 Zones shall be at least six
feet from any principal building situated on the same lot, then 10
feet from any principal building on the same lot in all other zones
and at least six feet from any other accessory building.
C.
Accessory buildings on corner lots may not be erected nearer to the
street than the front yard requirements on the abutting lot.
D.
Accessory buildings built within the front half of the side yard
shall meet the side yard setback requirements for the principal building.
E.
Accessory buildings in residential zones built within the rear yard
and the rear half of the side yard shall be no closer than five feet
to any lot line, except where a rear lot line is coincidental to a
side lot line, there shall be a setback of at least 20 feet.
F.
No accessory building may be located in the front yard of any lot.
G.
No accessory building may be built on any lot on which there is no
principal building or structure.
H.
Utility buildings as defined in § 600-4 shall comply with all of the foregoing provisions for accessory buildings, except that they shall not be an integral part of or attached to a principal building; and, in addition, they shall comply with the following requirements:
(1)
Utility buildings shall be anchored/attached to a concrete pad
or alternatively, on four concrete corner footings, each of which
shall be at least 12 inches in diameter; water-resistant girders may
be required to support the structure.
(2)
Utility buildings of approved construction materials shall be
built in accordance with all requirements of the building code.
I.
All private swimming pools as permitted in § 600-202K shall not be located closer than 10 feet to any side or rear lot lines, shall not be located in the front yard of the premises upon which they are constructed and installed and shall not be located within the side yard otherwise required in the zone district wherein the property is located. The area of the private swimming pool shall not exceed 20% of the rear yard area of the lot upon which it is located.
J.
Property line setbacks. Accessory buildings located within residential
districts shall meet the following setback requirements:
(1)
Structures built within the side yard shall meet the side yard
setback requirements for the principal building within the particular
zone district.
(2)
Structures built within the rear yard shall meet the following
minimum setbacks:
|
Zone
|
Minimum Setback Side Yard
(feet)
|
Minimum Setback Rear Yard
(feet)
|
|---|---|---|
|
R-1A
|
20
|
20
|
|
R-1B
|
20
|
20
|
|
R-1
|
15
|
15
|
|
R-2
|
10
|
15
|
|
R-2A
|
10
|
15
|
|
R-3
|
5
|
10
|
|
R-4
|
5
|
10
|
(3)
Any single structure greater than 500 square feet shall meet
the minimum side and rear yard setback of the particular zone district
in which it is located.
(4)
Except as which may be modified by Subsection J(3), where a rear lot line is coincidental to a side lot line there shall be a minimum setback of at least: 15 feet within the R-3 and R-4 Zones; 25 feet within the R-2 and R-2A Zones, 30 feet within the R-1 Zone and 40 feet in the remaining residential zone districts.
(5)
There shall be a maximum number of two accessory and/or utility
structures on lots with areas less than 81,000 square feet.
K.
Maximum lot coverage.
(1)
Within all single- and two-family residential zones, accessory
building(s) and utility structure(s) shall meet the following coverage
limitations:
|
Lot Size
(square feet)
|
Maximum Lot Coverage
|
|---|---|
|
Less than 7,500 square feet
|
Up to 6%, not to exceed 450 square feet
|
|
7,500 square feet to 40,249 square feet
|
Up to 6%, not to exceed 1,000 square feet
|
|
40,250 square feet to 80,999 square feet
|
Up to 3%, not to exceed 1,600 square feet
|
|
81,000 square feet or more
|
Up to 2%, not to exceed 2,000 square feet
|
(2)
Structures used for barns on farm-assessed lots are excluded
from maximum size limitations.
L.
The use of portable storage containers in residential zone districts
will be allowed on a temporary basis, subject to the following conditions:
[Added 9-14-2021 by Ord.
No. 25-21]
(1)
Portable storage containers and/or similar temporary storage-type
structures shall be placed on a subject property within a residential
zone for no more than 15 days in a calendar year unless used in conjunction
with a validly issued construction permit, in which event, said container
shall be permitted to remain for the active duration of the construction
permit, but in no event for more than one year (365 days) from the
date of the initial permit issuance. If construction at the site has
not been actively and diligently pursued for a period of 60 days,
the Zoning Officer may order the removal of any portable storage container
from the property.
(2)
A property owner may apply for a zoning permit to extend the
fifteen-day limitation for good cause, but in no event for more than
an additional 30 days.
(3)
Requests for temporary placement of a portable storage container
in a public street or right-of-way must be made in advance to the
Township Police Department. If approved, the container must have reflective
markers and/or cones placed around it. Temporary placement is permitted
for no more than 72 hours.
(4)
No portable storage container shall be placed or located in
the rear and side yard setback requirements for accessory buildings
in the zone district.
(5)
There shall be a limit of one portable storage container per
property.
(6)
Portable storage containers shall be in a condition free from
rust, peeling paint, and other forms of deterioration.
(7)
The size of a portable storage container shall not exceed 10
feet in height and 10 feet width by 20 feet in length.
(8)
The portable storage container and the area surrounding it shall
be kept in a neat and clean condition.
(9)
No material, goods, wares or debris is allowed to be placed
on or under the portable storage container.
(10)
Said container is to be left closed at all times except when
loading or unloading.
(11)
No hazardous, toxic or dangerous material, organic waste, business
inventory, commercial goods, or any personal property that is not
owned by the owner or occupant of the property where the container
is located, is permitted to be stored in said container. Upon reasonable
notice to the construction permit holder, the Township may inspect
the contents of any portable storage unit for compliance with this
chapter.
Any nonconforming use of structure existing on July 22, 1964,
may be continued upon the lot or in the building so occupied and any
such structure may be restored or repaired in the event of a partial
destruction thereof. A nonconforming use changed to a conforming use
may not thereafter be changed back to a nonconforming use. Cessation
of use or failure to diligently prosecute the rebuilding of a partially
destroyed building for a period of 12 consecutive months shall be
deemed to be an abandonment of such nonconforming use.
A.
A structure or use of land which is nonconforming in use shall not
be enlarged or extended in any manner whatsoever. A building or use
of land which is nonconforming in a manner other than use may be extended
or enlarged provided that the nonconformance is not further increased.
B.
Nothing in this article shall require any change in plans, construction
or designated use of a structure for which a building permit has been
heretofore issued when construction has been diligently prosecuted
within six months of the date of such permit.
Where a lot is bounded by more than one street, the front yard
setback requirement from each abutting street shall be met. The width
of a corner lot measured at the front yard setback line shall be increased
over the width specified in the schedule shown on the Zoning Map by
the difference in feet between the required front yard setback and
the required side yard setback.
No permit shall be granted for a structure or use if the design
or construction of the same involves or is likely to involve exceptional
risk of traffic congestion, public safety or hazard. No lighting of
any kind shall be permitted which interferes with or is likely to
involve a risk of traffic safety.
A building to be used as a residence shall not be constructed
in the rear of or moved to the rear of a structure situated on the
same lot, and a structure shall not be constructed in front of or
moved to the front of a residence situated on the same lot.
[Amended by Ord. No. 10-05]
Any lot of record as of November 17, 1952, which fails to comply
with the minimum lot area and frontage requirements of this article
may be used for any use not prohibited in the zone in which it lies,
provided that the lot was in single ownership July 22, 1964, and is
still in single ownership as defined in this chapter and provided
that all other requirements of this chapter are complied with.
[Amended by Ord. No. 25-10]
Not more than one commercial vehicle shall be permitted to be
parked and/or stored in a residential zone, provided that said vehicle
must be owned or used by a resident of the premises and further provided
that the commercial vehicle shall not have a rated load capacity of
more than one ton. No such vehicle shall be stored in the R-1, RC
or C Zones unless it is regularly garaged. This section shall also
include the prohibition of construction related vehicles and equipment
being stored exterior of the premises unless coincidental with related
on-site construction. Construction vehicles and/or equipment must
be removed within seven days from the completion of the required construction.
This provision shall not be deemed to limit the number or type of
commercial vehicles and/or equipment accessory to a farm.
Notwithstanding any other provisions of this article, the parking
of mobile homes and travel trailers in any zone is prohibited, except
that the prohibition should not extend to one unoccupied travel trailer
owned by the property owner or one travel trailer occupied by nonpaying
guests of the property owner for a period not longer than two weeks
in any calendar year, if parked within the yard setback requirements
of the zone in which it is parked.
No building or use which is so markedly incongruous with the
character of the neighborhood as to materially affect the value of
adjacent or nearby property shall be constructed, erected or used.
[Amended by Ord. No. 28-81; 8-16-2011 by Ord. No. 15-11]
A.
Residential zones.
(1)
In all residential zones of the Township, outdoor storage shall
be prohibited. However, outdoor storage as permitted and regulated
for residential zones in this section is only permitted in the side
and rear yards. Seasonal farm produce grown on the premises is a specifically
permitted outdoor use and may be displayed in the front yard of any
lot without being screened. Registered motor vehicles for residential
use and parked on pavement or driveway area of residential lots shall
not be considered outdoor storage.
(2)
Within any residential zone, no motor vehicle shall be permitted
to be stored outside of a garage so as to cause the same, at any time,
to be in any disassembled or disabled condition, or be unregistered
by not having a valid vehicle registration with the State of New Jersey
Motor Vehicle Commission for the current year or same to be left on
blocks or other similar devices.
B.
Business and industrial zones.
(1)
In the business and industrial zones, no article or material
shall be kept, stored or displayed outside the confines of the building
unless the same is so screened by special planting and fence as approved
by the Planning Board so that it is not visible from any adjacent
residential zone or public street. In instances where there is suitable
existing plant materials, appropriate measures shall be taken to adequately
protect such plant materials during construction and supplemental
plantings shall be provided as necessary to achieve an effective screen.
Otherwise, a planting area at least 20 feet in width shall be provided,
where necessary, at the periphery of the outdoor storage area for
new plantings which shall include staggered rows of evergreen trees,
shrubs where appropriate and suitable ground covers.
(2)
Public garages, service stations, and new or used auto establishments.
All public garages or service stations and new or used automobile
sales establishments are prohibited from storing the following materials,
unless said materials are located in the rear yard and are screened
so that no article shall be visible from the front of the premises
or to any adjacent premises: wrecked, damaged or disassembled (either
whole or in part) motor vehicles, boats or used automotive or marine
parts or used supplies or materials thereof. In addition, no registered
motor vehicle or boats shall be kept on these premises, whether it
be on a paved or unpaved area, for more than 60 days for repair or
storage. A maximum of two unregistered motor vehicles are permitted
to be stored for a maximum period of 60 days on these premises with
the exception of those vehicles associated with approved new and/or
used automobile sales establishments. In no event shall the same registered
or unregistered motor vehicle or boat be permitted to be repaired
and/or stored on these premises for more than two sixty-day compliance
periods over the course of one calendar year. Upon a demonstration
of good cause, the Township Council shall have the discretion to grant
an additional extension to the sixty-day compliance period set forth
above. If permitted, the extension shall be granted by way of resolution
of the Township Council.
[Added by Ord. No. 7-10; amended 4-19-2011 by Ord. No.
7-11; 10-15-2013 by Ord. No. 20-13]
A.
Purpose. The purpose of this section is to permit and regulate the
outdoor display and sale of merchandise within the Township of Denville
in such a manner as to protect the public's health and safety and
to ensure the integrity of the Township's land use plan and zoning
regulations.
B.
Designated zones. Farmer's markets shall be permitted on Lots 14
and 22, Block 50202 within the B-1 and B-2 Zone Districts and such
other locations in the B-1 and B-2 Zone Districts as may be designated
by the appropriate municipal official, provided that at least 10 days'
written notice is given to the sponsor of the farmer's market to relocate
the farmer's market for a given weekend.
C.
Permit required.
(1)
Zoning permit.
(a)
No property shall be utilized for a farmer's market as defined
herein without the issuance of a farmer's market permit to the sponsor
of the market from the Township's Zoning Officer in accordance with
the provisions of this chapter.
(b)
No person, persons, firm or corporation shall participate as
a vendor in a farmer's market without first obtaining a permit from
the Township's Zoning Officer.
(c)
The fee for the farmer's market sponsor permit shall be $50.
The fee for the farmer's market vendor permit shall be $50.
(2)
Health licenses and other licenses/permits.
[Amended 9-1-2015 by Ord.
No. 17-15]
(a)
No person, persons, firm or corporation shall operate a farmer's
market without first obtaining a farmer's market blanket license from
the Township's Health Department.
(b)
No person, persons, firm or corporation shall serve or offer
food at a farmer's market without having obtained a farmer's market
vendor's license from the Township Health Department. A farmer's market
vendor's license shall be required for each stand, kiosk or similar
appurtenance from which food is served regardless of whether there
is a charge to the public.
(d)
No person, persons, firm or corporation shall serve or offer
samples of wine or bottles of wine for sale at a farmer's market without
having obtained a wine festival permit from the Division of Alcoholic
Beverage Control for each day that such samples and sales are conducted.
(3)
Each permit and license shall expire on December 31 of the calendar
year in which it is issued.
(4)
The sponsor of the farmer's market shall be responsible to secure the farmer's market permit and license required pursuant to Subsection C(1)(a) and (2)(a) above and to verify that permits and licenses required pursuant to Subsection C(1)(b), (2)(b) and (2)(d) have been obtained by all vendors participating in the event, as applicable. A copy of all wine festival permits must be submitted to the Township Clerk prior to each farmer's market at which a wine vendor will be participating. Not more than one winery may offer samples and sales at any single farmer's market.
[Amended 9-1-2015 by Ord.
No. 17-15]
(5)
Farmer's market uses shall be limited to the following vendor
categories:
(a)
Farmer. A person who raises produce, plants, botanicals or animals
on the land such person owns, leases or rents. Also includes a person
who processes produce, fruit, berries, botanicals, meats, eggs, dairy,
honey, etc., which is grown, raised or harvested on property that
such person owns, leases or rents, and then turned into value added
product(s) such as jam, cider, maple syrup, cheese, baked goods, essential
oils, etc.
(b)
Processor. A person who sells foods that such person has personally
prepared or processed on property that such person owns, leases or
rents. Processors are persons offering fresh food products that have
added value to their products through "hand on" processing.
(c)
Prepared food. Prepared food vendors offer freshly made foods
available for sale and immediate consumption on site. All food is
prepared on property owned, leased or rented by the vendor. Prepared
food vendors using local ingredients are preferred.
(d)
Non-food grower and processor. A person who prepares natural
products, such as essential oils, cosmetics, pet foods, soaps, etc.,
that they have personally prepared or processed to support a healthy
lifestyle on property that they own, lease or rent.
(6)
All vendors are prohibited from reselling products that are
not produced, prepared or processed on property that they own, rent
or lease.
(7)
All vendors and their products must be approved by the sponsor
before a vendor permit may issue.
(8)
In addition to licensed vendors, one restaurant shall be permitted each week to provide menu samples and sales and one nonprofit organization having I.R.C. Section 501(c)(3) tax-exempt status shall be permitted each week to distribute information to the public regarding the organization and to solicit members and, if desired, to obtain signatures for petitions. The vendor permit fee required under Subsection C(1)(c) above shall not apply to the restaurant and nonprofit organization selling items one time per calendar year as provided in this section. However, all required Health Department license fees shall continue to be paid by each respective vendor.
D.
Submission requirements.
(1)
The sponsor of the farmer's market shall be required to submit
a map order and/or diagram indicating the location of the proposed
vendor display standards.
(2)
A certificate of insurance indicating that the sponsor of the
farmer's market and each vendor has public liability insurance in
the amount of at least $1,000,000 and naming the Township as an additional
insured shall be provided for the sponsor and for each vendor at least
10 days prior to the date of the market in which the vendor is participating.
A new certificate of insurance for the market sponsor and each vendor
shall be submitted prior to the expiration date of the liability policy
indicating renewal of the policy. A vendor who does not provide a
current certificate of insurance may not participate in a farmer's
market.
(3)
Site plan approval is not required for farmer's market uses
as defined herein.
E.
Days and hours of operation. Functions authorized by the farmer's
market permit shall be limited to Sundays only and to the hours between
7:00 a.m. and 4:00 p.m. inclusive of setup and breakdown time.
F.
Standards. Farmer's market activity shall adhere to the following
standards:
(1)
Sponsor shall abide by any and all provisions of this section
as well as conditions that may be attached to the permit by the Police,
Health and Planning Departments to ensure the public's health, safety
and welfare.
(2)
No structures, tables, stalls or other appurtenances shall obstruct
a sidewalk or emergency access lane.
(3)
Solid waste removal. It shall be the responsibility of each
vendor and the sponsor to arrange for the removal of any solid waste
generated.
(5)
The sponsor shall contact the Township Police Department for
a determination as to whether inclement weather conditions exist that
require cancellation of the market and shall abide by the decision
of the Police Department.
(6)
Wine samplings. The following requirements, of which Subsection F(6)(a) through (e) are pursuant to the State Sanitary Code, shall apply to all vendors offering wine samplings:
[Added 9-1-2015 by Ord.
No. 17-15]
(a)
Single-service disposable cups may only be used to serve wine
or any other beverage.
(b)
Single-service disposable cups must be protected from contamination
during handling, display or storage.
(c)
The wine and any other beverage may only be served by a farmer's
market vendor/employee. Self-service, wherein patrons serve their
own beverages, is prohibited.
(d)
A waste receptacle must be provided for disposal of single-service
cups.
(e)
A means of handwashing must be readily available to the vendor/employee
providing wine samplings.
(f)
A fetal alcohol syndrome notice from the Township Health Department
must be conspicuously posted at the point that the wine sample is
being served and at the point of sale of any wine in bottles.
(g)
Not more than four one-and-one-half ounce samples of wine shall
be served to any patron during a farmer's market.
(h)
Samples may not be offered to or allowed to be consumed by any
minor or intoxicated person.
H.
Exemptions. Farmer's market use as described herein shall be exempted from the provisions of § 600-160 regarding outdoor storage.
I.
Appeals. Where there is a dispute regarding a decision by the Township's
Administrative Officer or Zoning Officer as to whether an activity
qualifies for a permit under this section, the matter shall be referred
to the Denville Township Zoning Board of Adjustment for a determination
pursuant to N.J.S.A. 40:55D-70a.
[Amended by Ord. No. 19-88; Ord. No. 4-90;Ord. No. 10-90; Ord. No. 36-99;Ord. No. 2-01; Ord. No. 18-01; Ord. No.
27-01; Ord. No. 12-02]
No lot shall contain more than one principal building, provided,
however, that more than one principal building will be permitted in
the B-2A, I-1, I-2, AH, T-1, T-3, T-4, PARC and OB-4 Zones if they
conform to all of the following requirements:
A.
No lot upon which a residential structure exists shall be permitted a second principal use except as otherwise permitted in Article XXX.
B.
No lot upon which more than one principal building is located shall
be less than five acres, except in the T-3 Zone for any lot to be
developed for low and moderate-income housing.
C.
In the B-2A Zone, no such lot shall have a principal highway frontage
of less than 400 feet.
D.
A principal building as permitted shall not be closer to another
principal building than 40 feet in the B-2A and OB-4 Zones nor 60
feet in the I-1 and I-2 Zones.
E.
Plans for all internal improvements, including, but not limited to
access drives, storm drainage, water and sanitary sewer services shall
be submitted for the entire development as part of the original site
plan application. Primary access drives and related storm drainage,
water, sanitary sewer and other service facilities essential to the
viability of the overall project as determined by the Planning Board
shall be installed prior to the issuance of a certificate of occupancy
for any part thereof. Any change to the original site plan shall be
subject to the approval of the Planning Board.
F.
No structure or uses shall be located closer to the front, side or
rear lot lines than the minimum distances required by its zone district.
G.
Any subsequent subdivision of such multiple use development shall
take place only in compliance with all the provisions of this and
other Township ordinances on the basis of one principal use on a lot,
with provision for all required area, frontage and setback requirements.
H.
Any development within the AH Affordable Housing Zone or within the T-1, T-3, T-4 or PARC Zones requiring more than one principal building on the original parcel or lot shall be subject to all of the rules and regulations established in Articles XLV, XLVI, XLVII, XLVIII and XLIX, respectively, herein.
No lot, yard, parking area or other space shall be so reduced
in area or dimension as to make the area or dimension less than the
minimum required under this article. If already less than the minimum
required under this article, the area or dimension shall not be further
reduced. No area or space or parking facility approved by the Planning
Board, Board of Adjustment or Township Council shall be changed or
reduced without the approval of the body.
When a new lot or lots are formed from part of a parcel of land,
the subdivision must be effected in such a manner as not to impair
any of the provisions of this article.
[Amended by Ord. No. 08-06]
On any corner lot in any residential district, no fence, structure
or planting over 30 inches in height above the roadway shall be erected
or maintained within 20 feet from the curbline where one has been
established and where there is no curbline, then 20 feet from the
nearest side line of any hard surfaced road, street or highway, so
as to interfere with traffic visibility across the corner.[1]
[1]
Editor's Note: Former Section 19-5.719, Transition lots, which
previously followed this section, was repealed by Ord. No. 18-91.
[Amended 4-5-2011 by Ord.
No. 5-11]
A.
Walls and fences are permitted in the required yards of all zones,
provided they are not higher than four feet. In all residential zones,
fences not higher than six feet are permitted in the side and rear
yards, provided they are not more than 10% solid. Fences more than
10% solid are permitted only in the rear yards of residential zones,
provided they do not exceed six feet in height.
B.
In the business and industrial zones, fences or walls not exceeding
seven feet in height shall be permitted in the side and rear yard.
A fence or wall used for screening, if required by the Planning Board,
may be higher.
C.
In all zones, any fence facing on a public street or property line
shall have the front (finished) surface exposed to said street or
property line.
[Amended by Ord. No. 19-88; Ord. No. 16-07]
A.
Every lot must provide front, rear and side yards as required for
its zone. All front yards must face upon an improved public or private
street or right-of-way.
B.
Lake community roadways (LCR roadways). The following roadways are hereby designated as LCR roadways and are subject to the modified front yard setback as defined in § 600-4:
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Cedar Lake
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Bald Knob
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Cedar Lake East
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Cedar Lake North
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Cedar Lake Road
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Cedar Lake West
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Cypress Drive
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Florence Drive
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Hardman Terrace
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Hillcrest Drive
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Larsens Drive
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Oak Avenue
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Overlook Avenue
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Pine Lane
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Rockway Avenue
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Seymour Road
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Spring Road
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Vans Drive
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Watchtower Road
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Wildwood Terrace
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Woodland Road
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Indian Lake/Bay of Sunset Water
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Algonquin Trail
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Base Road
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Beechwood Trail
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Cherokee Trail
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Cherry Trail
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Chestnut Hill Drive East
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Chestnut Hill Drive West
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Cliffside Trail
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Comanche Trail
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Deleware Trail
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East Shore Road
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Fernwood Trail
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Filbert Trail
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Forest Trail
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Guterl Place
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Highland Trail
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Hilltop Trail
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Huron Place
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Hussa Place
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Indian Spring Trail
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Iroquois Trail
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Lakeview Trail
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Landing Trail
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Laurel Trail
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Lenape Trail
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Locust Trail
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Longview Trail
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Longview Trail
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Merrie Trail
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Mohawk Trail
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Mountain Trail
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North Shore Road
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Orange Trail
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Riekens Trail
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Seneca Trail
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Seminole Trail
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Shawger Road
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Shawnee Trail
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Sioux Trail
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South Shore Road
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Sunset Trail
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Warren Trail
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West Shore Road
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White Birch Trail
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Whitten Place
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Lake Arrowhead/Great Bay
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Basswood Drive
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Elm Street
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Garwood Trail
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Hornbeck Road
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Ironwood Trail
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Lakewood Drive
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Maywood Avenue
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Mosswood Trail
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Oak Street
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Ridgewood Parkway
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East Ridgewood Parkway
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Walnut Street
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Woodland Avenue
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C.
Projections
into yards. The following projections shall be permitted into required
yards and shall not be considered in the determination of yard size
or lot coverage:
[Added 6-26-2018 by Ord.
No. 15-18]
(1)
Architectural
features such as bay windows, cornices, eaves, window sills or other
architectural features, provided that said feature does not project
more than 24 inches.
Notwithstanding any other provisions of this article, the parking
of boats in any residential district is prohibited, except that the
prohibition should not extend to one boat not to exceed 30 feet in
length if kept on a trailer or other support and owned by the property
owner, when placed within the yard setback requirements of the zone
in which it is parked.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
No one- or two-family residential buildings or structures shall
hereafter be erected, extended, enlarged or altered in any residence
district which shall be like or substantially like any building or
structure on a lot adjoining on the same side of the street or a lot,
any part of the street line frontage of which is across the street
from the lot, then in existence or for which a building permit has
been issued and is then outstanding, or which is included in the same
building permit application, in more than three of the following five
respects:
A.
The same basic roof design in height or style.
B.
The same front elevation in terms of building materials.
C.
The same front elevation in terms of location, height and design
of porches, if any.
D.
The same front elevation in terms of location and design of attached
garage.
E.
The same basic plan without substantial differentiation in setback
elements of the plan. (A setback with a difference of four feet or
more is not considered the same.)
[Amended by Ord. No. 18-78; Ord. No. 20-78; Ord. No. 14-85; Ord. No. 16-88; Ord. No. 16-91; Ord. No. 14-98; 9-20-2016 by Ord. No. 11-16; 7-14-2020 by Ord. No. 08-20; 5-17-2022 by Ord. No. 06-22]
A.
Flood losses resulting from periodic inundation. Within the Township
of Denville, there exist certain flood hazard areas subject to periodic
inundation which may result in loss of life and property, health and
safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief
and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
B.
100-YEAR FLOOD
BASEMENT
BREAKAWAY WALL
CHANNEL
CUT
DEVELOPMENT
ELEVATED BUILDING
FILL
FLOOD FRINGE
FLOOD HAZARD AREA
FLOODPLAIN
FLOODPROOFING
FLOODWAY
LOWEST FLOOR
OBSTRUCTION
START OF CONSTRUCTION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
WATER SURFACE ELEVATION DATA
Definitions. As used in this section:
A flood of such magnitude as may reasonably be expected to
be equaled or exceeded on an average once every 100 years; the term
also means that level of flooding having a 1% probability of occurrence
in any year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
A natural depression of perceptible extent, with definite
beds and banks to confine and conduct flowing water either continuously
or periodically.
The removal of nonbuoyant, impervious, solid material which
results in an increase in the storage capacity of the floodplain.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operation.
A nonbasement building i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor, or in the case of a building in a coastal high hazard area,
to have the bottom of the lowest horizontal structural member of the
elevated floor, elevated above the ground level by means of piling,
columns (posts and piers), or shear walls parallel to the flow of
the water; and ii) adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of
the base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In areas of coastal high hazard, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
Any approved material placed or deposited within the floodplain
or the watercourses that create them which will displace floodwaters.
That portion of the flood hazard area outside of the floodway,
but inside the 100-year floodplain.
The floodway and any additional portions of the floodplain
which the improper development and general use of would constitute
a threat to the safety, health and general welfare. This constitutes
the total area inundated by the 100-year design flood.
An area, usually a relatively flat or lowland area adjoining
a river, stream or watercourse, which has been in the past or can
reasonably be expected in the future to be covered temporarily by
flood.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures, primarily for
the reduction or elimination of flood damage to lands, water and sanitary
facilities, structures and contents of buildings.
The channel of a natural stream, and portions of the floodplain
adjoining the channel, which are reasonably required to carry and
discharge the floodwater or flood flow of any natural stream.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in
violation of other applicable nonelevation design requirements.
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projections, excavation, channel, rectification, bridge, conduit,
culvert, building, weir, fence, rock, gravel, refuse, fill, structure,
or matter, in, along, across or projecting into any natural stream
or floodplain which may impair, retard or change the direction of
the flow of water, either in itself or by catching or collecting debris
carried by such water, or that is placed where the flow of water might
carry the same downstream to the damage of life or property.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), any work related
to the improvement.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. Work on structures that are determined to be substantially
damaged is considered to be substantial improvement, regardless of
the actual repair work performed.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures that have incurred substantial damage,
regardless of the actual repair work performed.
The elevation in relation to mean sea level expected to be
reached by floods of various magnitudes and frequencies at pertinent
points along a stream or in the floodplains of coastal areas.
C.
General causes of flood losses. Such flood losses are caused by:
D.
Methods used to analyze flood hazards. This section uses a reasonable
method of analyzing flood hazards which consists of a series of interrelated
steps:
(1)
Selection of a regulatory flood which is based upon engineering
calculations which permits a consideration of such flood factors as
its expected frequency of occurrence, the area inundated and the depth
of inundation. The regulatory flood selected for this section is representative
of large floods known to have occurred in this region and are reasonably
characteristic of what can be expected to occur on the particular
streams subject to this section. It is the general order of floods
which could be expected to occur on the average once every 100 years.
(2)
Calculation of water surface profiles based upon a hydraulic
engineering analysis of the capacity of the stream channel and overbank
areas to convey the regulatory flood.
(3)
Computation of floodway required to convey this flood without
increasing flood heights to an extent which would cause substantial
upstream or downstream damage to existing or reasonably anticipated
future development.
(4)
Delineation of floodway and encroachment lines within which
no obstruction is permitted which would cause such damage.
(5)
Delineation of the floodplain, i.e., that area outside of the
floodway encroachment line but which is still subject to inundation
by the regulatory floods of 100-year reoccurrence.
E.
Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize those losses described in Subsection A above by provisions designed to:
(1)
Restrict or prohibit uses which are dangerous to health, safety
or property in times of flood or cause increased flood heights or
velocities.
(2)
Require that uses vulnerable to floods, including public facilities
which serve such uses, be provided with flood protection at the time
of initial construction.
(3)
Assist in protecting individuals from buying lands which are
unsuited for intended purposes because of flood hazard.
F.
Flood hazard area created. There are hereby created within the Township
of Denville flood hazard areas as delineated on the most current Flood
Insurance Rate Map as prepared by the Federal Emergency Management
Agency, which map is hereby adopted by reference. Where because of
the scale of this map there is a question as to the exact location
of a specific boundary of the floodplain, those boundaries shall be
determined by the elevations indicated on this map in conjunction
with accurate topographic information. The Tax Maps of the Township
of Denville as last amended are intended to be true representations
of the floodplain areas shown on said Flood Insurance Rate Map.
G.
Permitted uses in flood hazard areas. The uses permitted within any
flood hazard area are those uses permitted and regulated by this section
for the zone district in which the area may be located, as said zone
districts are set forth and delineated on the Township of Denville
Zoning Map, subject to the following further limitations:
(1)
Proposed permanent structures within the portion of the 100-year
floodplain which lies beyond the floodway shall have the basement
floor or lowest floor elevations one foot above the level of the 100-year
flood. Exceptions may be granted by the Township only for nonresidential
structures, which, together with attendant utility and sanitary facilities,
are adequately floodproofed up to the level of the 100-year flood.
Such floodproofing shall be certified to by a licensed engineer.
(2)
No permanent building structures and/or substantial improvements
are to be built within the floodway. If it is determined by the Township
Engineer or the Township's designated Floodplain Manager that
the proposed structure and/or substantial improvement will be located
within the floodway, the site plan application shall be submitted
to the New Jersey Department of Environmental Protection for a determination
of the floodway for that location.
(3)
No use, including landfill, shall be permitted within the flood
hazard area if the proposed use, in conjunction with all other uses
permitted since enactment of this section, would increase water surface
elevations of the 100-year flood more than 2/10 of one foot. An applicant
for such land use shall be required to submit for review a plan showing
the effects of his proposed action on future flood heights.
(4)
Land fill may be permitted within the 100-year flood hazard
area to raise existing buildings, dwellings, roadways, sidewalks and
driveways.
(5)
To the extent existing data permits, all proposed developments
and improvements within the eligible area shall be designed and constructed
in accordance with all of the other requirements of this chapter.
(6)
Any relocation or realignment of any river or stream channel
within the Township shall be prohibited if it would reduce the natural
valley storage capacity with respect to the 100-year flood. No such
relocation or realignment shall be permitted without prior written
approval of the New Jersey Department of Environmental Protection
and notification of adjacent municipalities and the federal Insurance
Administrator. No river or stream within the Township having a watershed
area in excess of 50 acres shall be confined in a pipe or conduit
except to cross streets and rights-of-way.
(7)
Protection of floodway. No obstruction shall be permitted in
the floodway without the consent of the New Jersey State Department
of Environmental Protection and the local authority.
H.
Submission of site plan. Notwithstanding any other provisions of this section, no development shall take place, and no structure shall hereafter be erected, constructed or substantially improved within any flood hazard areas, unless and until a site plan shall have been submitted to the Township Engineer or the Township's designated Floodplain Manager for review and approval in accordance with Part 2, Subdivision and Site Plan Review, of this chapter. Said site plan shall, in addition to the information required under § 600-120 of this chapter, show the following information:
(1)
The existing and proposed contours at a contour interval of
one foot at the USGS datum and the volume of fill in cubic yards added
to the property.
(2)
The proposed elevation of the levels of the lands involved at
the corners of the foundation of any structure or structures.
(3)
A sectional view showing elevations of the proposed structure.
(4)
The layout and elevations of existing and proposed public streets
and the nature, extent and location of existing and proposed public
utilities servicing and to service the premises in question.
(5)
All new developments greater than 50 lots or five acres, whichever
is less, shall include base flood elevation data.
I.
Requirements in flood hazard area. The Township Engineer and the
Township's designated Floodplain Manager shall not approve any
site plan within the 100-year floodplain area unless and until they
are satisfied that the following requirements have been met:
(1)
The lowest floor level, including the basement, of any proposed
structure shall be higher by one foot than the level of the basic
flood level established by the federal Insurance Administrator.
(2)
Proper facilities have been or will be provided for potable
water and for the disposal of sanitary sewage and of storm drainage
and that such facilities are located and designed to be consistent
with the need to minimize flood damage.
(3)
Any proposed structure, when built, may be occupied without
peril to the health or safety of the occupants.
(4)
Any proposed structure or attendant protective measures will
not impede the flow of surface waters through any watercourse or cause
an unacceptable increase in flood heights or velocities.
(5)
All necessary permits have been received from those governmental
agencies from which approval is required by federal and state law.
(6)
All new construction shall be anchored to prevent flotation
and lateral movement and shall be constructed with flood-resistant
material and methods.
(7)
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
(8)
For all new construction and substantial improvements, fully
enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed
the following minimum criteria:
(a)
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
The openings may be equipped with screens, louvers, or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(9)
New construction and substantial improvement of any commercial, industrial or nonresidential structure shall either have the lowest floor, including the basement, elevated to one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: i) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; ii) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and iii) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards methods of practice for meeting the applicable provisions of this section. Such certification shall be provided to the official as set forth in Subsection K.
(10)
All fill being placed within the flood hazard area shall be
matched by an equal amount of cut so that there is strict compliance
with the Master Plan's "no net fill" policy.
J.
Time limits. The Township Engineer and the Township's designated Floodplain Manager shall act upon any site plan submitted under Subsection H above within 95 days of the date of filing thereof, or such other extension of time as the applicant may agree. Failure to act within said time limit shall be deemed to be a denial of any site plan submitted.
K.
Issuance of permits. No building permit shall be issued by the Building
Inspector for any proposed structure to be located within the permitted
flood hazard area unless and until the Township Engineer or the Township's
designated Floodplain Manager shall have approved a site plan submitted
in accordance with this section. Upon approval or denial of any site
plan required by this section, the Township Engineer or the Township's
designated Floodplain Manager shall forthwith notify the Building
Inspector thereof. No certificate of occupancy shall be issued by
the Building Inspector unless and until proof has been submitted to
him that all conditions of the site plan approval have been fully
met and complied with.
L.
Boundary amendment. The boundaries of the flood hazard areas as shown
on the Flood Hazard Map shall be subject to amendments to conform
with any amended boundaries identified by the federal Insurance Administrator.
As the watersheds are developed, the size of the 100-year flood hazard
area will increase, requiring periodic revisions in the Flood Hazard
Map which shall be prepared and certified to by a licensed engineer
of the State of New Jersey.
M.
Flood regulations take precedent. Within the boundaries of the flood
hazard areas, the laws and ordinances concerning floodplains, floodproofing,
floodway preservation and other measures designed to reduce flood
losses shall take precedence over any conflicting laws, ordinances
and codes.
N.
When base flood elevation and floodway data have not been provided in accordance with § 600-170F, Flood hazard area created, the Township Engineer or the Township's designated Floodplain Manager shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection G, regarding permitted uses in flood hazard areas, Subsection H, regarding submission of site plans, and Subsection I, regarding requirements in flood hazard areas.
O.
Information to be obtained and maintained. It shall be the duty of
the Township Engineer to:
(1)
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor (including the basement) of all new
or substantially improved structures, and whether or not the structure
contains a basement.
[Added by Ord. No. 13-96]
Where a property borders on more than one street (i.e., corner
or through lot) the determination of the lot's frontage shall be at
the option of the owner or developer and shall be so designated on
all maps and official records. For purposes of determining compliance
with zone standards, only the designated frontage shall be considered
as frontage. All driveway and utility connections shall be from this
designated frontage, except for corner lots with two conforming frontages
which may utilize either frontage for driveway and utility connections.
The remaining street right-of-way lines shall be considered lot lines.
Nothing in this section is intended to in any way modify the definition
of front yard.
[Added by Ord. No. 14-98]
A.
Each application for development, other than one and two family homes,
shall provide for the temporary storage of recycling materials and
solid waste. If this temporary storage is to take place outside the
confines of a building, the enclosure must be six feet high and of
a design that will screen the containers from view. The containers
and their enclosures shall be located outside any required buffer
area.
B.
All such recycling and solid waste temporary storage areas shall
be of sufficient size to accommodate the waste flow typically generated
by the land use activity it is serving. All such enclosures shall
have a concrete floor no less than four inches thick.
C.
All recycling and solid waste containers, whether empty or full,
shall remain at all times within the enclosure. It is a violation
of this chapter if these containers are outside the enclosure except
when being unloaded into a truck for transport to an approved recycling
center or solid waste facility.
[Added by Ord. No. 3-99]
A.
Wireless telecommunications antennas may be erected on existing buildings
or structures, and an equipment compound may be constructed in support
of such antennas consistent with the following requirements:
(1)
Antenna arrays may be mounted on existing buildings or structures
but shall not extend beyond the overall height of any such building
or structure by more than 20 feet.
(2)
The equipment building shall be situated within a solid wooden
fence at least seven feet and no more than eight feet high as approved
by the Township Engineer which shall include a locking security gate.
(3)
An equipment compound consisting of no more than 4,000 square
feet in area may be erected in support of such antenna arrays provided
it is:
(a)
Situated to ensure that historically significant viewscapes,
streetscapes and landscapes are protected. The views of and vistas
from architecturally and/or significant structures should not be impaired
or diminished by the placement of telecommunication facilities. To
the greatest extent possible, equipment compounds should be situated
behind existing structures, building or terrain features which will
shield the compound from public view; or
(b)
When a location out of public view is not possible, a landscape
buffer of 20 feet in width shall be provided around the compound to
shield the facility from public view. Landscaping shall include evergreen
trees at least eight feet high at the time of planting and planted
in staggered double rows at 15 feet on center, or equivalent.
(4)
Antennas installed according to these provisions shall be suitably
finished and/or painted so as to minimize their visual impact on the
landscape. Depending on the placement of this equipment, color should
be selected to be consistent with the color scheme of the building
or structure on which they are mounted, in order to blend with their
surroundings. When this is not possible, color selection shall be
designed to minimize the visual impact of the antenna arrays.
C.
Preexisting towers. Wireless telecommunication towers in existence
on the date of the adoption of this section (nonconforming wireless
telecommunication towers) are subject to the following provisions:
(1)
Nonconforming wireless telecommunication towers may continue
in use for the purpose now used, but may not be expanded without complying
with this section.
(2)
Nonconforming wireless telecommunication towers which are partially
damaged or destroyed due to any reason or cause may be repaired and
restored to their former use, location and physical dimensions subject
to obtaining a building permit therefor, but without otherwise complying
with this section. If this destruction is greater than partial, then
repair or restoration will require compliance with this section.
(3)
The owner of any nonconforming wireless telecommunication towers
may repair, rebuild and/or upgrade (but not expand such wireless telecommunication
towers or increase its height or reduce its setbacks), in order to
improve the structural integrity of the facility, to allow the facility
to accommodate co-located antennas or facilities, or to upgrade the
facilities to current engineering, technological or communications
standards, without having to conform to the provisions of this section.
[Added by Ord. No. 8-2000]
When application is made to construct a new private or public
roadway, the minimum distance from the subject property side line
to the proposed near side right-of-way line, or edge of pavement in
the case of a private roadway, shall not be less than the required
front yard setback requirement imposed by ordinance on the adjacent
property.
[Added by Ord. No. 17-05]
A.
Statement of purpose.
(1)
It is the purpose of this section to establish regulations for
development within critical areas of steep slopes and to prevent inappropriate
development in areas of excessive slopes.
(2)
These special development controls are provided in recognition
of the potentially negative impacts associated with the removal of
vegetative cover, the disturbance of the soil by excavation or fill,
and the construction of buildings, structures, roadways and associated
site disturbances within these areas of steep slopes in the Township
of Denville which will cause an increase of surface water runoff,
soil erosion and siltation, with the resultant pollution of streams
as well as the potential danger of flooding and water damage and thereby
having the potential of endangering public and private property and
life.
(3)
Development on the slopes can create additional hazards to the
lives and property of those having structures on the slopes and below
them.
(4)
The most appropriate method of alleviating such conditions is
through the regulation of the removal of such vegetation and soil
disturbance, construction and development.
(5)
It is determined that the special and immediate public interest
in these slopes justifies the regulation of property located thereon
as provided in this section which is the exercise of the police power
of the Township for the protection of persons and property of its
inhabitants and for the preservation of the public health, safety
and general welfare.
(6)
It is not the purpose of this section to establish densities
but rather to control development within appropriate areas.
B.
Applicability.
(1)
All applications for development as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., except for activities set forth in Subsection B(2) below shall be required to prepare a steep slope map and comply with the restrictions outlined in this section. Approval of the steep slope map shall be granted by the appropriate board as part of a development application and/or prior to the disturbance of any area of steep or excessive slopes.
(2)
Prior to the issuance of a building permit for a detached one- or two-dwelling unit building on a single lot containing steep or excessive slopes, or prior to the disturbance of any soil or vegetation on a single lot containing steep or excessive slopes on which a detached one- or two-dwelling unit building is located (except for regrading and landscaping), a steep slope map shall be submitted to the Planning Board for its review and recommendation to the construction official. If a variance from the provisions of this § 600-175 is requested by the applicant in connection with a single lot on which a detached one- or two-dwelling unit building is located or proposed to be constructed, the Construction Official or Zoning Officer, as the case may be, shall refer the application directly to the Zoning Board of Adjustment.
C.
DEVELOPMENT AREA
EXCESSIVE SLOPE
MINOR TOPOGRAPHIC VARIATION
STEEP SLOPE
Definitions. For the purpose of this section, certain terms are defined
and shall be construed as follows:
That part of the permitted building envelope which is intended
to be used for a structure and is so designated for soil disturbance
necessary for the development of the lot.
Any slope which has a grade of 25% or more.
That slopes of 25% or more shall not occur in more than 10%
of any area of the lot.
Any slope which has a grade greater than or equal to 15%
but less than 25%.
D.
Steep slope map details. A steep slope map shall include the following
information:
(1)
A plan shall be drawn by a licensed professional engineer at
a scale of not less than one inch equals 30 feet.
(2)
Existing and proposed grades represented by contours at two-foot
intervals when grades are below 30%, at five-foot intervals when grades
are 30% or more, and by spot elevations when flatness of the plot
makes the use of contours impractical. Existing contours shall be
shown for a distance of 25 feet beyond the plot limits.
(3)
Slope classification map indicating existing grade categories as follows: 0% to 14.99%; 15% to 19.99%; 20% to 24.99%; 25% to 29.99%; and slopes 30% or more. A table indicating the degree of slope disturbance, pursuant to Subsection E of this section shall be provided.
(4)
Existing and proposed elevations at all plot corners, building
corners, centers of swales, disposal bed corners, and at the locations
of all changes in direction of stormwater flow.
(5)
Proposed elevations at changes in grade of driveways and walks,
as well as the proposed and existing curb, sidewalk, and road elevations
at the plot corners and at changes in grades.
(6)
Location and details of swales; and other means for the disposition
of all stormwater.
(7)
The location of the proposed dwelling, including the location
of the garage, all overhangs, the number of stories of the dwelling,
and the proposed elevation of all floors, cellar and garage and all
setback distances.
(8)
The location of proposed pedestrian and vehicular facilities,
including walks, roads, drives or parking areas with both vertical
and horizontal alignments property dimensioned.
(9)
Type and width of existing pavement and width of right-of-way,
on road on which plot fronts.
(10)
Metes and bounds of all property lines, monumentation at all
property corners and location of any existing fences, hedges, etc.,
along the property lines.
(11)
A soil erosion and sediment control plan.
(12)
Drainage study as applicable or required by the Planning Board
and/or the Township Engineer.
(13)
Location of all buildings on adjoining lots within 200 feet.
(14)
The proposed elevations of the levels of land above and below
retaining walls as well as top of wall elevations.
(15)
The location of all existing and proposed landscaping, including
trees having a diameter of three inches or greater as measured at
a point one foot above the ground, shrubs and ground covers with type
and size of trees or shrubs and specifications for ground covers.
(16)
The disposition and extent of topsoil to be removed or backfilled.
(17)
The disposition and extent of all other soil to be removed and
backfilled.
(18)
The plans and specifications for any proposed retaining walls,
steps, fences or other protective structures.
E.
Steep slope map review procedures.
(1)
The procedures applicable to the review of subdivisions, site
plans and variance applications shall apply to the review of steep
slope maps in connection with site plan and subdivision applications.
(2)
For all other applications for review of steep slope maps, including applications pursuant to Subsection B(2), the following procedures shall apply:
(a)
Fourteen copies of all steep slope maps shall be submitted 21
days prior to the regular Board meeting at which they are to be considered,
together with an application and a fee of $40 per lot.
(b)
Copies of the steep slope map shall be forwarded to the Denville
Environmental Commission and the Morris County Soil Conservation District
for their review and recommendations and no action shall be taken
on said application for a period of 30 days or until reports are received
from these agencies, whichever is sooner.
(c)
Copies of the application and steep slope map shall be forwarded
for review and recommendation to certain Township personnel and other
experts as may be deemed appropriate by the Board hearing the application.
Such reports shall be submitted to the appropriate Board within 30
days of the date of application.
(3)
Notice of an application for steep slope map review and approval
shall not be required unless notice would otherwise be required pursuant
to the Municipal Land Use Law.
F.
Development regulations. Within any area of steep or excessive slopes,
no soil or vegetation shall be disturbed nor shall any building or
structure be erected, constructed or substantially enlarged or lot
created unless and until it can be demonstrated by information, plans
and studies furnished by the applicant that the following requirements
can be met:
(1)
Construction control limitations. Disturbance of steep slopes
shall be limited to the following based on the indicated slope classifications:
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Slope
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Maximum Permitted Disturbance of Slope Area
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Permitted Development Activity
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Less than 15%
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100%
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All activities
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15% to 19.9%
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50%
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All activities subject to compliance with this section
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20% to 24.9%
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25%
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All activities subject to compliance with this section
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25% to 29.9%
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10%
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Only transitional grading
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30% or more
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0%
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No disturbance permitted
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(2)
No soil shall be excavated, removed, deposited or disturbed within an area of steep or excessive slopes except as a result of and in accordance with the terms of this § 600-175.
(3)
Proposed disturbances of soil shall be for purposes consistent
with the intent of this section and it shall be controlled in a manner
that will not cause excessive erosion or other unstable conditions.
(4)
Provision shall be made for the proper disposition of surface
water runoff, both during and post construction, so that it will not
create unstable conditions. Appropriate storm drainage facilities
shall be constructed as deemed necessary and adequate protective measures
shall be provided for downstream properties.
(5)
Provision shall be made for any structures or protective measures
that proposed slopes may require for the protection of the public
safety, including, but not limited to, retaining walls, headwalls
and fences.
(6)
Proper facilities have been or will be provided for a safe water
supply and for the disposal of sanitary sewage as approved by the
Health Officer.
(7)
Any proposed building or structure or attendant protective measures
will not impede the flow of surface waters through any watercourse.
(8)
Any proposed building or structure shall be of sound engineering
design with footings designed to extend to stable soil and/or rock
with proper lateral support and that when built may be occupied without
peril to the health or safety of the occupants as approved by the
Construction Official.
(9)
Any proposed vehicular facilities including roads, driveways
or parking areas shall be so designed that any land disturbances shall
not cause excessive erosion. Both the vertical and horizontal alignment
of vehicular facilities shall be so designed that hazardous circulation
conditions will not be created.
(10)
All structures shall be constructed in all instances on slopes
that do not exceed 25%.
(11)
All public and private streets and roadways shall follow, to
the extent possible, the existing natural terrain and slope. Such
improvements shall be constructed in all instances on slopes that
do not exceed 25%.
(12)
Except for minor topographic variations, driveway grades and
the soil cuts/fills in areas of steep slopes are critical concerns
of this subsection and shall not be constructed unless the Township
Engineer or the Planning Board, as the case may be, is assured that
the design achieves the highest standards established by this subsection.
The connection of any driveway to a street shall be by a vertical
curve of sufficient radius to provide a smooth transition. Said vertical
curve and driveway profile shall be designed to accommodate the master
plan road width. The maximum allowable grade for driveways is 15%.
A maximum grade of 2% shall be required for the first 20 feet of driveway,
measured from the curbline. The horizontal angle of intersection of
a driveway with a street shall not be less than 60°.
(13)
Any fill placed on the lot shall be properly stabilized and,
when found necessary depending upon existing slopes and soil types,
supported by retaining walls or other appropriate structures as approved
by the Township Engineer and subject to the following development
conditions:
(a)
No retaining wall higher than three feet shall be erected within
25 feet of the intersection of any two street rights-of-way or within
any sight easement.
(b)
The maximum height of any retaining wall, measured from any
point at ground level, shall be six feet.
(c)
For the purpose of applying height limits, multiple, staggered
or tiered walls, and/or wall/fence combinations shall be considered
single units unless the horizontal distance between the top of any
section or tier shall exceed 10 feet.
(d)
All walls greater than four feet in height shall require certification
by a professional engineer that the wall was constructed in accordance
with approved plans.
(14)
All cuts/fills shall be supported by retaining walls or other
appropriate retaining structures, when, depending upon the nature
of the soil characteristics, such structures are found necessary by
the Township Engineer in order to prevent erosion and achieve greater
soil stabilization.
G.
Steep and excessive slope area regulations take precedence. In the event of any conflict between any other provision of this chapter and section, the provisions of this § 600-175 shall prevail. In the event of any conflict between any provision of this subsection and any provision of Chapter 475, Soil Erosion and Sediment Control, and Chapter 479, Soil Removal, of this Code, the provisions of Chapters 475 and 479 shall prevail.
[Added by Ord. No. 2-08]
A.
Purpose. The purpose of this section is to ensure the continuation
and expansion of commercial and home agricultural pursuits by encouraging
a positive agricultural business climate and protecting the farmer
against municipal regulations and private nuisance suits, where recognized
methods and techniques of agricultural production are applied and
are consistent with relevant federal and state law and nonthreatening
to the public health and safety; at the same time, this section acknowledges
the need to provide a proper balance among the varied and sometimes
conflicting interests of all lawful activities in the State of New
Jersey. The retention of agricultural activities is desirable to all
citizens in Morris County because it ensures numerous social, environmental
and economic benefits, including the preservation of open space; atmospheric
habitat; the preservation of land as a nonreplenishable resource and
as a source for agricultural products for this and future generations;
and the protection and maintenance of the aesthetic beauty of the
countryside and rural character of the community which includes farm
architecture and scenic variety.
B.
ACCEPTABLE AGRICULTURAL MANAGEMENT PRACTICES
AGRICULTURE
COMMERCIAL FARM
(1)
(2)
FARM MANAGEMENT UNIT
FARM MARKET
NUISANCE
PICK-YOUR-OWN OPERATION
Definitions. For the purposes of this section only, the following
terms shall be defined as follows:
The agricultural management practices recommended or endorsed
by the State Agriculture Development Committee, plus those practices
complying with a conservation plan.
The production, principally for the sale to others, of plants,
animals, or their products worth $2,500 or more annually, including,
but not limited to, forage and sod crops, grain and feed crops, dairy
animals and dairy products; livestock, including dairy and beef cattle,
poultry, sheep, swine, horses, ponies, mules and goats; including,
grapes, nuts and berries; vegetables; trees; nursery, floral, ornamental
and greenhouse products, apiary and forest products, and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping. Agriculture shall not include intensive
poultry or swine production or extensive animal feedlot operations.
A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more annually,
and satisfying the eligibility criteria for differential property
taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A.
54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural
or horticultural products worth $50,000 or more annually and otherwise
satisfying the eligibility criteria for differential property taxation
pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1
et seq.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
A facility used for the wholesale or retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income, except that if a farm market is used for retail marketing
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
or at least 51% of the sales area shall be devoted to the sale of
the agricultural output of the commercial farm and, except that if
a retail farm market is located on land less than five acres in area,
the land on which the farm market is located shall produce annually
agricultural or horticultural products worth at least $2,500.
Any private action which unreasonably interferes with the
comfortable enjoyment of another's property, which may be enjoined
or abated and for which the injured or affected property owner may
recover damages.
A direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.
C.
The right to engage in agriculture, as defined herein, shall be permitted
in all zones, and it shall be presumed that such uses, activities
and structures in connection therewith shall not constitute a public
or private nuisance, provided that such agricultural uses are conducted
in conformance with the acceptable agricultural management practices
defined herein.
D.
Permitted uses and structures.
(1)
If the practice of agriculture as defined above is part of the
operation of a commercial farm as defined above, then all uses and
structures customarily incidental to the operation of a commercial
farm shall be permitted accessory uses in the zones set forth herein
above, including, but not limited to:
(a)
The storage, processing and sale of farm products where produced;
(b)
The use of any and all equipment, including, but not limited
to, irrigation pumps and equipment, aerial and ground seeding and
spraying, tractors, harvest aides, and bird control devices,
(c)
The application of manure, chemical fertilizers, insecticides,
pesticides and herbicides;
(d)
On-site disposal of organic agricultural waste;
(e)
Clearing of woodlands using open burning and other techniques,
installation and maintenance of vegetative and terrain alterations
and other physical facilities for water and soil conservation and
surface water control in wetland areas, and installation of soil and
water conservation practices, and control in accordance with a plan
approved by the Morris County Soil Conservation District.
(f)
Transportation of slow moving equipment over roads within the
municipality;
(g)
Utilization of tractors and other necessary equipment;
(h)
Housing and employment of farm laborers;
(i)
Erection of essential agricultural buildings, including those
dedicated to the processing and packaging of the output of the commercial
farm and ancillary to agricultural and horticultural production;
(j)
The conducting of farm practices at any and all times when necessary;
(k)
The grazing of animals and use of range for fowl;
(l)
The raising and keeping of farm animals, including pets, pastoral
farm animals (dairy and beef cattle, sheep and goats), swine, fowl,
horses, ponies and mules, provided that proper sanitation standards,
minimum acreage limits and boundary sizes between fencing or enclosures
and adjoining properties are established.
(m)
Conduction of agriculture-related educational and farm-based
recreational activities, provided that the activities are related
to marketing the agricultural or horticultural output of the commercial
farm and permission of the farm owner and lessee is obtained;
(n)
The operation of a farm market with attendant signage, including
the construction of building and parking areas in conformance with
Township standards;
(o)
The operation of a pick-your-own operation with attendant signage;
(p)
Replenishment of soil nutrients and improvement of soil tilth;
and
(q)
Installation of wells, ponds and other water resources for agricultural
purposes such as irrigation, sanitation and marketing preparation.
(2)
Commercial farm operators may engage in any other agricultural
activity as determined by the State Agriculture Development Committee
and adopted by rule or regulation pursuant to the provisions of the
Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1
et seq.).
E.
Commercial farm operators are strongly advised to adhere to generally
accepted agricultural management practices that have been:
(1)
Promulgated as rules by the State Agriculture Development Committee;
(2)
Recommended as site-specific agricultural management practices
by the Morris County Agriculture Development Board;
(3)
Approved by the local soil conservation district in the form
of a farm conservation plan that is prepared in conformance with the
United States Department of Agriculture, Natural Resources Conservation
Service (NRCS) Field Office Technical Guide (FOTG), revised April
20, 1998, as amended and supplemented; or
(4)
Recommended by the Rutgers Agricultural Experiment Station.
F.
The foregoing activities must be in conformance with applicable federal
and state law.
G.
The foregoing practices and activities may occur on holidays, weekdays
and weekends by day or night and shall include the attendant or incidental
noise, odors, dust and fumes associated with these practices.
H.
It is hereby determined that whatever nuisance may be caused to others
by these foregoing uses and activities is more than offset by the
benefits of farming to the neighborhood community and society in general.
I.
Any person aggrieved by the operation of a commercial farm shall
file a complaint with the Morris County Agriculture Development Board
or the State Agriculture Development Committee in counties where no
county board exists prior to filing an action in court.
J.
An additional purpose of this section is to promote a good neighbor
policy by advising purchasers and users of property adjacent to or
near commercial farms of accepted activities or practices associated
with those neighboring farms. It is intended that, through mandatory
disclosures, purchasers and users will better understand the impacts
of living near agricultural operations and be prepared to accept attendant
conditions as the natural result of living in or near land actively
devoted to commercial agriculture or in an Agricultural Development
Area, meaning an area identified by the Morris County Agriculture
Development Board pursuant to the provisions of N.J.S.A. 4:1C-18 and
certified by the State Agriculture Development Committee.
(1)
Disclosure shall be required whenever lots are sold by a developer
who has received approval of a subdivision application on or after
the effective date of this section.
(2)
The disclosure required by this section is set forth herein,
and shall be made a part of, the following disclosure form:
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Real Estate Transfer Disclosure Statement
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This disclosure statement concerns the real property situated
in the Township of Denville described as Block _______, Lot _______.
This statement is a disclosure of the conditions of the above described
property in compliance with Ordinance No. 2-08 of the Township of
Denville. It is not a warranty of any kind by the seller(s) or any
agent(s) representing any principal(s) in this transaction, and is
not a substitute for any inspections or warranties the principal(s)
may wish to obtain.
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I.
Seller's Information
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The seller discloses the following information with the knowledge
that even though this is not a warranty, prospective buyers may rely
on this information in deciding whether and on what terms to purchase
the subject property. Seller hereby authorizes any agent(s) representing
any principal(s) in this transaction to provide a copy of this statement
to any person or entity in connection with any actual or anticipated
sale of the property. The following are representations made by the
seller(s) as required by the Township of Denville and are not the
representation of the agents, if any. This information is a disclosure
and is not intended to be part of any contract between the buyer and
seller. The Township of Denville permits the operation of generally
accepted agricultural management practices within the municipality.
If the property you are purchasing is located near land actively devoted
to commercial agriculture or in an agricultural development area,
meaning an area identified by the Morris County Agriculture Development
Board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified
by the State Agriculture Development Committee, you may be affected
by these agricultural activities or practices. The effect of these
activities or practices may include, but are not limited to: noise,
odors, fumes, dust, smoke, insects, operation of machinery (including
aircraft) during any 24 hour period, storage and disposal of manure
and compost, and the application by spraying or otherwise of fertilizers,
soil amendments, herbicides and pesticides. One or more of the effects
described may occur as the result of any agricultural operation which
is in conformance with existing federal and state laws and regulations
and accepted customs and standards. If you live near an agricultural
area, you should strive to be sensitive to the needs of commercial
farm operators, as their presence is a necessary aspect of an area
with a strong rural character and a strong agricultural sector. The
State Agriculture Development Committee has established a formal complaint
process to assist in the resolution of any disputes which might arise
between residents of the Township of Denville regarding the operations
of commercial farms. Seller certifies that the information herein
is true and correct to the best of seller's knowledge as of the date
signed by the seller.
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Seller
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Date
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Seller
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Date
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II.
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Buyer(s) and seller(s) may wish to obtain professional advice
and/or inspections of the property and to provide for appropriate
provisions in a contract between buyer and seller(s) with respect
to any advice/inspections/defects.
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I/We acknowledge receipt of a copy of this statement.
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Seller
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Date
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Buyer
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Date
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Seller
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Date
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Buyer
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Date
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Agent representing seller
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By
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Date
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[Added by Ord. No. 24-10]
A.
Purpose. The governing body of the Township of Denville does herein
find that regulation of outdoor lighting is necessary to prevent misdirected
or excessive artificial light, caused by inappropriate or misaligned
light fixtures that produce glare, light trespass (nuisance light)
and/or unnecessary sky glow; and also that such regulation is necessary
to discourage the waste of electricity and to improve or maintain
nighttime public safety, utility and security.
B.
All outdoor light fixtures installed and thereafter maintained, other
than those serving one- and two-family dwellings, shall comply with
the requirements as specified below:
(1)
Adequate lighting shall be provided for parking areas during
the period when the facility is in operation between 1/2 hour before
sunset and 1/2 hour after closing. In addition, the premises shall
have adequate lighting for security purposes during the period when
the facility is not in operation. Battery or other emergency backup
power shall be provided in order to maintain correct timing of lighting
in the event of a power failure. All exterior lighting shall meet
the following criteria:
(a)
All lights shall be focused downward so that the direct source
of light is not visible from adjoining streets or properties.
(b)
No light source shall exceed a height of 18 feet.
(c)
All lights shall be shielded to restrict the maximum apex angle
of the cone of illumination to 150°.
(d)
The light intensity provided at ground level shall be a minimum
of 0.5 footcandle anywhere in the parking area and shall average a
minimum of one footcandle over the entire parking area.
(e)
The light intensity shall not exceed 0.5 footcandle along any
property line or 0.3 footcandle at a residential property line.
(f)
For each fixture, including illuminated signs, the total quantity
of light radiated through the face surface shall not exceed two footcandles
when measured from a distance of six feet from the face of the sign.
(g)
Provision shall be made for reduction in the intensity of illumination
to the minimum needed for security purposes when the facility is not
in operation.
(h)
Shoebox style light fixtures shall be provided unless other
styles are approved by the Planning Board or Board of Adjustment.
The style of any light or light standard shall be consistent with
the architectural style of the principal building.
(i)
Freestanding lights shall be protected to avoid being damaged
by vehicles.
(j)
Spotlights and floodlights shall be located and directed so
as not to project light beyond the surface being lighted or to create
a nuisance or hazard.
(k)
Whenever possible, walkways shall be lighted with low or pathway-type
fixtures.
(l)
Except for holiday lighting, flashing, moving or rotating lights
are prohibited.
(2)
Light fixtures used to illuminate flags, statues or any other
objects mounted on a pole, pedestal or platform, shall use a narrow
cone beam of light that will not extend beyond the illuminated object.
(3)
Outdoor lighting energy conservation.
(a)
All outdoor lighting not necessary for security purposes shall
be reduced, activated by motion sensor devices or turned off during
non-operating hours. Illuminated signs are excluded from this requirement.
(b)
All lighting shall be designed to prevent misdirected or excessive
artificial light and to maximize energy efficiency.
(4)
Submission of plans. Plans and evidence of compliance shall
include the following.
(a)
Description of outdoor light fixtures, including component specifications
such as lamps, reflectors, optics, angle of cutoff, supports, poles
and including manufacturers' catalog cuts.
(b)
Locations and description of every outdoor light fixture and
hours of operation.
(d)
Computer generated photometric grid showing footcandle readings
every 10 feet and the average footcandles.
(e)
Foundation details for light poles.
