TOWNSHIP OF MONTVILLE

ORDINANCE NO. 2015-19

AN ORDINANCE OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS, AND STATE OF NEW JERSEY AMENDING CHAPTER 230, "LAND

USE AND DEVELOPMENT," ARTICLE XV, "GENERAL PROVISIONS," SECTION 230-124, "PROHIBITED USES" OF THE CODE OF THE TOWNSHIP

OF MONTVILLE

WHEREAS, certain pipelines are not public utilities that distribute service to end users and are unregulated by the State of New Jersey Board of Public Utilities; and

WHEREAS, these pipelines are designed to transport a variety of materials, including hazardous substances which, if a discharge occurred, result in environmental degradation to the environment, including the land, water and air; and

WHEREAS, these pipelines do not directly provide the public with necessities, such as electricity, gas, telephone, water or wastewater service; and

WHEREAS, these pipelines may pose a threat to the infrastructure that provides these public utility services; and

WHEREAS, these pipelines are not public utilities that distribute services to end users and are unregulated by the Board of Public Utilities; and

WHEREAS, as these pipelines are not regulated by the New Jersey Board of Public Utilities, there is limited accountability to the public; and

WHEREAS, the Township of Montville Master Plan provides that a general objective for the Township with regard to planning and zoning is "To encourage Township actions to guide the appropriate use or development of all lands in Montville, in a manner which will promote the public health, safety, morals and general welfare"; and

WHEREAS, the Montville Township Committee believes that it is in the best interest of the health and welfare of its residents that the Land Use and Development Ordinance of the Township of Montville be clarified to provide that pipelines are not public utilities that distribute services to end users and are unregulated by the Board of Public Utilities are specifically prohibited within the Township of Montville.

BE IT ORDAINED, by the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey, as follows:

SECTION 1. Chapter 230, "Land Use and Development," Article XV, "General Provisions," Section 230-124, "Prohibited Uses," of the Code of the Township of Montville is hereby amended to read in its entirety as follows:

§ 230-124. Prohibited uses.

(a) General Prohibition. Where a use is not specifically permitted in a zone district, it is prohibited.

Ordinance No. 2015-19

(b) Pipelines. Pipelines that are not public utilities distributing services to end users which are not otherwise regulated by the New Jersey Board of Public Utilities are prohibited in all zones and districts within the Township of Montville.

SECTION 2. All Ordinances of the Township of Montville, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of such inconsistency.

SECTION 3. If any section, subsection, sentence, clause of phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance.

SECTION 4. This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law.

ATTEST:

Gertrude Atkinson, Township Clerk

Introduced: Public Hearing: Adopted:

August 11, 2015 August 25, 2015

2

TOWNSHIP OF MONTVILLE COUNTY OF MORRIS STATE OF NEW JERSEY

Scott C. Gallopo, Mayor

MEMO Township of Montville PLANNING & ZONING DIVISION

TO:

CC:

FROM:

DATE:

RE:

Montville Township Committee

Victor Canning, Township Administrator Mark Mantyla, PE, PLS Township Engineer

Ryan Conklin PP, AICP, CFM, GISP Principal Planner

8/18/15

Ordinance No. 2015-19 Pipelines,· Master Plall COllsistellcli Rel/iew

Ordinance No. 2015-19 which was introduced and passed on first reading by the Township Committee at their meeting of August 11, 2015, was recommended to be discussed by the Planning Board for Master Plan consistency review at the August 13, 2015 meeting. The Planning Board reviewed and discussed the proposed Ordinance and determined that Ordinance No. 2015-19 was in fact substantially consistent with the goals and objectives of the 2010 Master Plan. Please accept this memo as the Planning Board's official determination of consistency with the Master Plan.

Attached is the Burgis Associates consistency review memo.

Township of Montville Planning & Zoning Division

195 Changebridge Road, Montville NJ 07045 TEL: (973) 331-3319 FAX: (973) 334-0180

E-MAIL: mconJ.. li n@montviliel1i.org

BURGIS ASSOCIATES. INC.

COMMUNITY PLANNING

LAND DEVELOPMENT AND DESIGN

LANDSCAPE ARCHITECTURE

PRINCIPALS:

Joseph H Burgis pp, Alep

Edward Sniecku5, Jr. pp, LLA, ASIA

cJ-06-- Jq

MEMORANDUM

To:

From:

Subject:

Date:

BA#:

Montville Township Planning Board

Joseph H. Burgis PP, AICP & Robyn K. Welch AICP

Ord. 2015 "Pipelines" - Consistency with Master Plan

August 4, 2015

3039.00

Pursuant to the Planning Board's request, we have reviewed Draft Ordinance No. 2015 for consistency with the

Montville Master Plan, as required by the Municipal Land Use Law (MLUL). The Ordinance amends Chapter 230 of the Township Code to prohibit pipelines that are not public utilities distributing services to end users and which are

not otherwise regulated by the New Jersey Board of Public Utilities in all zones and districts within the Township. The following is offered for consideration.

The Municipal Land Use Law states "the provisions of such local zoning ordinance or any amendment or revisions

thereto shall either be substantially consistent with the land use plan element and the housing plan element of the master plan or designed to effectuate such plan elements."

Montville's most recent Land Use Plan was adopted in December 2010. The 2010 Land Use Plan sets forth a number of general planning goals and objectives which relate to the proposed ordinance amendment. Specifically, the Plan

seeks to "encourage Township actions to guide the appropriate use or development of all lands in Montville, in a manner which will promote the public health, safety, morals and general welfare;" and to "prevent...degradation of

the environment through improper use of land."

Because the pipelines in question are unregulated by the State of New Jersey Board of Public Utilities, and are

designed to transport a variety of materials, including hazardous substances which, if a discharge occurred, could

result in environmental degradation, the prohibition of such pipelines directly advances the aforementioned goals and objectives. As such, we find Draft Ordinance No. 2015 to be substantially consistent with the Montville Master Plan.

RW

25 WesDNood Avenue. WesDNood NJ 07675 p: 201.666.18111 f: 201666.25991 e:jhb@burgiscom