Montvale City Zoning Code
ARTICLE VII
Bulk and Area Requirements; Limiting Schedules
§ 400-44 Limiting Schedule.
A.
Schedule created; conformance required. Structures and improvements erected, constructed or altered within the Borough of Montvale shall be located on the lot, designated and constructed in conformity with the restrictions set forth in the Limiting Schedule of this chapter of the Borough of Montvale.
[Amended 7-13-1993 by Ord. No. 93-951]
B.
Requirements. Said schedule contains the requirements for the maximum height of structures, in feet and in stories; the minimum size of lots; the maximum number of families per lot or the maximum residential density expressed in dwelling units per acre; the maximum area covered by buildings, structures or improvements; the requirements for minimum depth of front yard setback lines; the requirements for mandatory open spaces such as side yards and rear yards; the requirements for minimum lot area and minimum lot width; the minimum floor area of the R-40, R-15 and R-10 Zones; and the maximum floor area ratio.
[Amended 8-9-1994 by Ord. No. 94-974]
C.
Limiting Schedule. The Limiting Schedule is included as an attachment to this chapter.
[Amended 8-9-1994 by Ord. No. 94-974]
D.
Limiting Schedule for Affordable Housing Districts for Second Fair Share Cycle. The Limiting Schedule for Affordable Housing Districts for Second Fair Share Cycle is included as an attachment to this chapter.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 2-24-2004 by Ord. No. 2004-1216]
E.
Limiting Schedule for Affordable Housing Districts for Third Fair Share Cycle. The Limiting Schedule for Affordable Housing Districts for Third Fair Share Cycle is included as an attachment to this chapter.
[Added 12-14-2004 by Ord. No. 2004-1228; amended 9-13-2005 by Ord. No. 2005-1243]
§ 400-45 Limiting Schedule exceptions.
[Added 9-10-1991 by Ord. No. 91-927; amended 6-14-1994 by Ord. No. 94-968]
To the extent that any property owner whose land abuts Chestnut Ridge Road between its intersection with the territorial boundary line of the Borough of Woodcliff Lake and the Borough of Montvale and the territorial boundary line between the State of New York and the Borough of Montvale or along Grand Avenue West from the point of intersection of said Grand Avenue West with the easterly side of Blue Sky Lane easterly to the westerly side of Spring Valley Road or along Summit Avenue from the point of intersection of said Summit Avenue with the northerly side of Grand Avenue West northeasterly to the westerly side of Chestnut Ridge Road and who shall contribute, without consideration, lands for a county or municipal road improvement program, the application of the maximum floor area ratio and improved lot coverage provisions of Chapter 400, Zoning, of the Borough of Montvale shall be determined by the area of each respective lot prior to the contribution of lands for the stated purpose.
§ 400-46 Maximum height exceptions.
[Added 1-31-2012 by Ord. No. 2012-1350]
The maximum building height shall be as stated in the Limiting Schedule, except that this specified height shall not apply to church steeples, chimneys and flagpoles. The height of ventilators, skylights, air-conditioning and any other apparatus which may be carried on the roof level shall be screened and shall not exceed the height limitation unless the Planning Board shall have determined that an exception to the height limitation herein specified is reasonably necessary and does not adversely affect the intent and purpose of this chapter and zone plan and is not injurious to the public welfare. The Planning Board shall be guided, when determining whether there should be an exception to the height limitations imposed by this chapter, by the following standards:
A.
Not more than 25% of the roof area is devoted to such appurtenances.
B.
Provision is made for architectural screening in harmony with the architecture of the building so that such equipment is not visible from surrounding properties or streets.
C.
That it is not feasible to locate such appurtenances other than on the roof.
NOTE: These provisions were previously located as Footnote 1 of the Limiting Schedule and have been moved here to be part of the text of this chapter. |
§ 400-47 Slope limitation.
[Added 11-10-1994 by Ord. No. 94-984]
Except for the permanent placement of utilities, no construction of any nature shall be permitted on any portion of any property which exhibits a predisturbance topographic slope of 15% or greater.
§ 400-48 Reserved open space.
[Added 8-9-1994 by Ord. No. 94-974]
A.
The Master Plan of the Borough of Montvale has designated the following properties and parts of properties, identified by block and lot number as the same appears on the current Tax Assessment Map, as being reserved for prospective public parkland, recreation and open space purposes:
Parcel | Block | Lot | Area (acres) |
|---|---|---|---|
1 | 102 | 1 | 9.22 |
2 | 302 | 4 (Partial contiguous | |
1002 | 7 parts of properties) | 13.19 | |
3 | 1201 | 10 | 10.00 |
4 | 1301 | 24, 27 | 6.86 |
B.
All of the foregoing properties and parts of properties are in the R-40 Zoning District, and such zoning is hereby confirmed.
C.
In the event that an application is made for the development of any of the foregoing properties, the Borough of Montvale shall determine within the time provided by the general and statutory laws of the State of New Jersey whether to acquire the subject property for its reserved use. If the Borough of Montvale determines not to so acquire the subject property and the property is subsequently developed, the Borough shall finance the affordable housing units, calculated in accordance with the following, which could otherwise have been provided if the property had been designated as being within the AH-6 Zoning District. Financing for this procedure shall be in accordance with Article V of Chapter 65 of the Code of the Borough of Montvale.
D.
All applications for the development of any of the foregoing properties shall be accompanied with a calculation of the affordable housing units which could otherwise have been provided if the property had been designated as being within the AH-6 Zoning District, said calculation being made pursuant to the following criteria and information, all of which shall also be filed with the application:
(1)
A survey, signed and sealed by a licensed land surveyor of the State of New Jersey, shall be prepared and submitted to the Planning Board of the Borough of Montvale, in accordance with the requirements of Chapter 350, Subdivision of Land.
(2)
The gross area of the property shall be calculated and so indicated on the survey. With respect to foregoing Parcel 2, the gross surveyed area shall be no larger than 13.19 acres.
(3)
The following shall be delineated on the survey and the area of each shall be calculated and deducted from the gross land area:
(a)
Any street dedication or easements established for street widening purposes.
(b)
Any area 100 feet distant from a property that is designated as an historic site on the State of New Jersey Registry or on a National Historic Registry.
(c)
Any wetlands or required wetlands buffer areas as substantiated by a letter of interpretation from the New Jersey Department of Environmental Protection concerning the location of the wetlands, the quantum of the wetlands and the depth of the wetland buffers as required by law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(d)
Any area of the subject property which contains slopes of 15% or greater shall be designated on the plan, and no development shall be permitted in any area on a site that is so indicated. The total limits of such steep-sloping lands shall be calculated based upon two-foot topographic contour intervals as indicated on a plot plan, signed and sealed by a licensed land surveyor in the State of New Jersey.
(4)
The net land area resulting from the computations identified in foregoing Subsection D(3) shall then be designed in concept to determine the maximum number of housing units that can be accommodated on the residual site. The standards to be employed will be in accordance with the area, yard, bulk, buffer and use regulations established for the AH-6 District. No variances or waivers from the requirements thereof shall be considered in the concept design of the site.
(5)
The concept design of the site shall identify the number of buildings, the total number of housing units, the building heights and requisite setbacks of all buildings and coverage requirements, including all roadways, off-street parking, buffer areas and all other required ancillary facilities, including detention/retention basins, etc. The sum of all housing units so indicated within the net land area shall be multiplied by a factor of zero and 0.20 and then rounded to the next highest whole number if a fractional part greater than 0.500 results or rounded to the next lowest whole number if a fractional part equal to or less than 0.500 results.
§ 400-49 Accessory buildings.
[Added 9-9-1997 by Ord. No. 97-1067; amended 10-14-2003 by Ord. No. 2003-1202; 1-31-2012 by Ord. No. 2012-1350]
A.
Other than multilevel parking garages permitted in the OR-4 District pursuant to § 400-55, the following regulations shall apply:
(1)
Any accessory building or structure not otherwise provided for under this Code shall be no more than 12 feet in height.
(2)
No accessory building or structure shall be located within any required front yard or within the one-third portion of any required rear yard which is most proximate to the rear property line or within the two-thirds portion of any required side yard which is most proximate to the side property line.
(3)
No accessory building or structure shall exceed 30% of the principal structure's footprint.
(4)
Tents or membrane structures shall comply with all zoning requirements as accessory structures and be limited to one structure per lot.
B.
Any accessory building or structure which is connected to a principal building shall be considered part of the principal building and shall meet the same bulk, yard and area requirements for principal buildings in that district.
§ 400-50 Berms.
[Added 1-26-1993 by Ord. No. 92-940]
A.
Application and permit required for berms. No berm shall be constructed, reconstructed or otherwise created on any lands within the Borough of Montvale except on application to the Building Department of the Borough of Montvale, and the issuance of a permit upon it having been determined by the Department that the establishment of said berm as aforesaid conforms to the requirements hereinafter set forth.
B.
Construction standards for berms.
(1)
Height. The maximum height of any berm to be constructed or otherwise created shall not exceed four feet from the natural grade of the ground directly below.
(2)
Slope. The maximum slope permitted between the top of a berm and its toe shall not at any point exceed one foot vertical for every two feet horizontal on the natural grade.
(3)
Materials. Berms shall be constructed of soil and other suitable material capable of sustaining ground cover sufficient to prevent erosion and deterioration of the berm.
(4)
Erosion.
(a)
Berms as constructed shall be planted with a ground cover or other suitable material as will prevent erosion and deterioration of the berm.
(b)
It shall be the responsibility of the property owner on whose lands said berm is located to maintain the integrity of said berm and its ground cover, free of weeds and debris and in a manner as will protect its continued integrity.
(5)
Fencing. No fence shall be permitted to be constructed on any berm the maximum height of which exceeds the maximum vertical distance permitted for the erection of fences as otherwise specified in this Code when measured from the natural grade directly below the highest point of such fence.
(6)
Distance from property boundary lines. The toe of the slope of any berm to be constructed shall be located at least six feet interior of any property boundary line of the property on which said berm is to be constructed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(7)
Topographical survey required. Each application for the issuance of a permit to construct a berm shall be accompanied by a topographical survey reflecting the existing and proposed grades along the entire length of the berm at two-foot intervals.
(8)
Sight distances. Notwithstanding anything herein to the contrary, no berm shall be constructed to a height which shall violate any provision of this Code requiring that a minimum sight distance be maintained along any public street or road or the intersection of any driveway and a public road, nor shall such berm be constructed in whole or in part within any right-of-way, notwithstanding said right-of-way may not be improved.
§ 400-51 Exceptions to fence standards.
[Amended 3-11-2003 by Ord. No. 2003-1190; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Notwithstanding anything herein to the contrary, a fence as defined in Chapter 196, Fences, may be constructed upon application as herein provided to a height of not more than six feet to provide a privacy area or kennel, provided that said fence does not extend more than 25 linear feet in length nor create an enclosed area of more than 200 square feet, and provided further that no such fence shall be located closer than 15 feet to any property boundary line.
§ 400-52 Performance standards.
[Added 11-29-2022 by Ord. No. 2022-1526]
The requirements set forth in § 326-12, Performance standards, shall be deemed to be zoning requirements, and compliance with said standards shall be required by all applicants for zoning approval. Any deviation from the requirements of this section and § 326-12 shall be deemed to require a zoning variance.