Montville Township, NJ Zoning Ordinance

[Added 3-10-2026 by Ord. No. 2026-08]

§ 230-276 Purpose.

The purpose of the 205-207 Changebridge Road Overlay District is to create a realistic opportunity for the creation of up to 88 non-age-restricted inclusionary housing units to consist of up to 72 market units and up to 16 affordable housing units in a suitable portion of the Township of Montville, and thereby help to address the fair share housing obligation of the Township of Montville under the New Jersey Fair Housing Act ("FHA"), the mediation agreement entered into between the Township and JMC Investments, LLC, on December 30, 2025 and the Township's Fourth Round Housing Element and Fair Share Plan, as amended. The 205-207 Changebridge Road Overlay District encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential; however, developers shall also have the option of developing in accordance with the underlying R-20A Zone standards.

§ 230-277 General provisions.

The overlay regulations set forth herein shall supersede any regulations to the contrary elsewhere in Chapter 230 of the Township Code applicable to the R-20A Zone unless otherwise explicitly stated otherwise.

The overlay regulations set forth herein shall apply to the entire Tract as a whole.

The tract(s) within the said Overlay District shall be permitted to be consolidated.

The Tract and any lots therein shall be permitted to contain one or more buildings.

The Tract and any lots therein shall be permitted to be developed in one or more phases consistent with the provisions of the applicable adopted version of the UHAC at the time of site plan approval for the inclusionary project.

All dimensional and other requirements set forth herein shall apply to the Tract as it exists at the time of the adoption of these regulations, and pre-existing conforming conditions that are rendered nonconforming as a result of changes to the Tract perimeter, such as road widening, dedications, conservation easements, or other purposes, shall not be considered nonconforming and shall not require variance or other relief on future applications for the full duration that these regulations remain in effect.

Developers shall also have the option of developing in accordance with the underlying R-20A Zone standards.

§ 230-278 Permitted uses.

The uses set forth below shall be permitted as a development alternative to the underlying zoned uses allowed by this chapter, but shall not replace the underlying zoning district.

Principal uses. The following principal uses are permitted in the 205-207 Changebridge Road Overlay District:

(1)

Multifamily residential dwellings.

(2)

Townhouses.

Accessory uses. The following accessory uses are permitted in the 205-207 Changebridge Road Overlay District:

(1)

Off-street parking, including surface parking and parking within individual garages and driveways.

(2)

Fences and walls.

(3)

Signs.

(4)

Buildings for storage of maintenance equipment.

(5)

Private recreation buildings and facilities, including swimming pools, workout rooms, common areas and the like, intended for use by residents of the premises.

(6)

Homeowner association facilities such as management offices.

(7)

Trash and recycling facilities intended for use by residents of the premises.

(8)

Roof or building-mounted and integrated solar energy devices.

(9)

Model units for marketing the sale of units to potential purchasers.

(10)

Other accessory uses normally or customarily incidental to the principal permitted use.

§ 230-279 Affordable housing requirements.

All residential developments constructed in the 205-207 Changebridge Road Overlay District shall be required to set aside a minimum percentage of units for affordable housing. The minimum set aside shall be 20% of the actual units constructed, which computation shall be rounded upwards to the next whole number if resulting in a fraction of a unit; however, only 18% (i.e., 16 units) shall be constructed as affordable units within the 205-207 Changebridge Road Overlay District, while the developer shall provide a payment-in-lieu of construction for the remaining units (i.e., at 88 total units, the remaining 2.0% points would be 2 units). Said payment-in-lieu shall be in the amount of $100,000 per unit (i.e., $200,000 total) and paid to the Township's Affordable Housing Trust Fund. The payments may be phased, with the first payment due at the time of the project's first certificate of occupancy.

All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Chapter 73 of the Township Code, as may be amended and supplemented, the applicable version of the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.) in effect at the time of site plan approval of the inclusionary project, the Township's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order, except that, notwithstanding any provision in UHAC to the contrary, the bedroom distribution of the 16 affordable units to be constructed within the 205- 207 Changebridge Road Overlay District shall be as follows:

(1)

No more than two of the 16 affordable units to be constructed within the 205-207 Changebridge Road Overlay District shall be three-bedroom units.

(2)

The balance of the affordable units shall have bedroom distributions in accordance with UHAC.

§ 230-280 Development standards.

Area and bulk requirements. The area and bulk requirements for the uses permitted in the 205-207 Changebridge Road Overlay District are set forth below. The area and bulk regulations of the underlying zoning district shall remain in full force and effect for development devoted exclusively to uses permitted in the underlying zoning district.

Requirement	205-207 Changebridge Road Overlay
Minimum lot area	7.5 acres
Maximum density	11 units per acre^a
Minimum yard setbacks:^b
Front yard	35 feet
Rear yard	100 feet
Southerly side yard (adjoining R-27A zone)	50 feet
Northerly side yard (adjoining R-20B zone)	35 feet
Minimum Setback Between Principal Buildings
Rear facing side	20 feet
Side facing side	20 feet
Other	30 feet
Maximum number of dwellings per building	16
Maximum building height	40 feet/3 stories
Maximum building coverage	35%
Maximum impervious coverage	65%

NOTES:
^a	When calculating the maximum permitted number of units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number if said fraction is equal to or greater than 0.5 unit, or downwards to the next whole number if said fraction is less than 0.5 unit. However, in no event shall the total number of units to be produced in the Changebridge Road Overlay District exceed 88 units.
^b	For clarification purposes, the setbacks shall apply to principal buildings and not apply to such items as roadways walkways, parking areas and accessory structures.

NOTES:

When calculating the maximum permitted number of units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number if said fraction is equal to or greater than 0.5 unit, or downwards to the next whole number if said fraction is less than 0.5 unit. However, in no event shall the total number of units to be produced in the Changebridge Road Overlay District exceed 88 units.

For clarification purposes, the setbacks shall apply to principal buildings and not apply to such items as roadways walkways, parking areas and accessory structures.

Bedroom distribution requirements. The market-rate units shall consist of no fewer than 50% two-bedroom units and no more than 50% three-bedroom units. The affordable units shall comply with the bedroom distribution requirements set forth at § 230-279B above.

Buffer requirements.

(1)

A minimum planted buffer area of 20 feet shall be provided along all property lines, excepting any ingress/egress roadways (including any required sight triangles) and excepting freshwater wetlands areas, including buffer/transition areas, or other areas where disturbance is prohibited by government regulations. Stormwater management basins shall be permitted to encroach no more than two feet into the required buffer area, as measured from the bank of the detention basin.

(2)

The intent of the buffer is to provide a natural edge to the tract, a pleasing aesthetic, and screening where practical. The buffer shall consist entirely of vegetation fencing and/or other suitable elements sufficient to constitute an effective visual screen, with exceptions noted below. Existing vegetation within the buffer shall be preserved to the extent practical so long as same shall constitute effective screening. New plantings shall consist of a dense variety of evergreens, shade trees, and shrubs and shall be of deer resistant native non-invasive species. The following shall be permitted within the buffer: evergreen trees, shrubbery, berms, hedges, underground utility crossings, fencing and/or other suitable elements sufficient to constitute an effective screen. Buffers shall provide a year-round visual screen.

(3)

No building, structure or impervious surface shall be permitted within the buffer area. Grading and earthwork shall not be permitted within the buffer area except to enhance the integrity of the buffer, such as the creation or supplementing of earthen berms, and to enhance stormwater infiltration within the buffer area. Existing vegetation should be preserved in the buffer area where practical.

(4)

Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material that does not live shall be replaced within one year or one growing season, provided all landscape plans as approved shall be continually complied with.

Off-street parking requirements.

(1)

The number of off-street parking spaces shall be no less than the maximum number of parking spaces set forth for the use in the Residential Site Improvement Standards (N.J.A.C. 5:21).

(2)

All off-street parking and internal roadways/drive aisles shall be located a minimum of 10 feet from buildings, except for garages within a building and driveways serving such garages.

(3)

All off-street parking and internal roadways/drive aisles shall be located a minimum of 20 feet from property lines.

(4)

Parking areas shall be prohibited within required front yards along 205-207 Changebridge Road.

(5)

All parking areas and internal roadways/drive aisles shall be designed in accordance with the applicable provisions of Article X of this chapter; however, in the event of a conflict between Article X and this Article XXXVII, this Article XXXVII shall govern.

(6)

Off-street parking shall not be provided for any use or to any party other than a resident or visitor of the site, unless a shared parking arrangement has been approved by the reviewing board, nor shall parking areas be used for any purpose other than parking.

(7)

Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.

Signage. Signage requirements for the 205-207 Changebridge Road Overlay Zone shall be consistent with the signage requirements for the AH Zone Districts, as set forth in Article XXVII, Signs.

Accessory buildings and structures.

(1)

All accessory buildings and structures shall be subject to the standards set forth at § 230-128A, except as follows:

(a)

Notwithstanding § 230-128A(5) to the contrary, accessory structures located in a side or rear yard shall be set back a minimum distance of 20 feet from side and rear lot lines in order to comply with the minimum buffer requirements set forth at § 230-280C above.

(b)

Notwithstanding § 230-128A(7) to the contrary, accessory structures which are attached to principal buildings, including decks, porches, elevated patios and like constructions, shall be permitted to encroach up to 10 feet into the required side and rear yard setbacks, provided that such structures are neither roofed nor enclosed.

(2)

Architectural design and materials used in the construction of accessory buildings and structures shall conform to those used in the construction of principal buildings.

General design standards.

(1)

Design. Building plans and elevations shall show a variation in design to be achieved by the types of roof, heights of eaves and peaks, building materials and architectural treatment of the building facade that is utilized. The following design standards shall be utilized:

(a)

Architectural elements such as varied roof forms, articulation of the facade, breaks in the roof, and walls with texture materials and ornamental details should be incorporated to add visual interest.

(b)

Roof height, pitch, ridgelines and roof materials should be varied to create visual interest and avoid repetition.

(c)

Architectural elements such as fenestrations and recessed planes should be incorporated into facade design. Architectural treatment shall be applied to all elevations of a building.

(d)

A variety of building colors, materials and textures are encouraged.

(e)

Architectural features that enhance the facade or building form, such as decorative moldings, windows, shutters, dormers, chimneys, balconies and railings, are encouraged.

(f)

Building projections, appurtenances, and architectural features shall be permitted to extend up to three feet into the required setbacks. By way of example, this may include, but not be limited to, eaves, stoops, steps, bay windows, chimneys, canopies, balconies, columns, cornices, vestibules, and similar projections. Utility closets shall be permitted to extend up to three feet into the required setbacks, including building separation setbacks, except that utility closets shall not be permitted in any front yard.

(2)

Equipment. Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.

Landscaping. Landscaping shall be as required and in accordance with Article X of Chapter 230 of the Township of Montville Land Use and Development Code.

§ 230-281 Exemptions.

In order to facilitate the construction of new affordable housing units in Montville Township, and as required under the Fair Housing Act to reduce or eliminate potential cost generative features from affordable housing, specifically N.J.S.A. 52:27D-311(h), development in the 205-207 Changebridge Road Overlay District shall be exempt from the following requirements in the Township of Montville Code:

Development in the 205-207 Changebridge Road Overlay District shall be exempt from § 230-83, Bikeways.

Development in the 205-207 Changebridge Road Overlay District shall be exempt from § 230-90, Multifamily Residential Developments.

Development in the 205-207 Changebridge Road Overlay District shall be exempt from § 230-143.1, Regulation of Slopes.

Development in the 205-207 Changebridge Road Overlay District shall be exempt from § 230-143.4, Tree Clearing and Removal.