Residents

The Department of Planning & Community Development can assist residents of the Township with a variety of land use and zoning related issues.  Below is a listing of some of the primary topics residents work with the Department to address.  

It is important to note that a property survey is a key document residents can provide when discussing land use and zoning issues with the Department.  A property survey will provide information on the boundaries of your property, the location of the dwelling and other structures on the lot in relation to the boundaries and other key location information.  The Department does not maintain/store property surveys of Township properties.


Additions/Alterations to Your Home

Additions or alterations to dwellings that expand the footprint, add additional vertical space above an existing level or make any other expanded physical changes must conform to all bulk regulations of the Township zoning ordinance.  

Additions or alterations requiring a building permit will be reviewed as part of the permit process by the Department of Planning & Community Development for conformance with the zoning requirements.

The Department advises consultation prior to any design of an addition or alteration or building permit filing to ensure conformance with the requirements of the zoning ordinance.  

In the event a proposed addition or alteration cannot meet the requirements of the zone district, an Application for Development must be filed with the Board of Adjustment to seek a variance from the requirements.

Decks & Patios

Decks, when attached to the home on a property, are considered to be part of the principal structure.  As such, decks must conform to the required setbacks for principal structures in the zoning ordinance.

Construction of decks requires a building permit.  Before applying for permits, the Department of Planning & Community Development advises residents to consult the Department to discuss zoning conformance of the proposed deck.

Patios, at grade-level, are generally permitted on residential properties.  Please consult the Department of Planning & Community Development to discuss the proposed patio prior to design and installation.

Driveways

Residents planning to expand or modify driveways and off-street parking areas should contact the Department of Planning & Community Development to obtain a Zoning Permit for the proposed changes.

The required setback from property lines for driveways is one foot and for off-street parking areas is four feet.  

Re-paving of an existing driveway or off-street parking area, without any changes to the footprint (i.e. no expansion or modification to the size) does not require a Zoning Permit

Fences

Residents planning to install fencing on their property, up to a maximum of 6 feet in height, should contact the Department of Planning & Community Development to discuss permitted fence heights on their property.  A Zoning Permit is required for the installation of fencing.  A copy of the resident's property survey must accompany the Zoning Permit, so the location of the proposed fence can be noted with the Permit.  

Residents planning to install fencing over 6 feet in height must obtain a Building Permit from the Building Office.  A zoning review of the proposed fence will be conducted as part of the Building Permit review.

​NOTE: ​Fencing to enclose any swimming pool requires obtaining a Building Permit for installation.  Please contact the Building Department regarding installation of swimming pool enclosure fencing.

Sheds

Sheds are permitted to be placed on residential properties.  All sheds are considered accessory structures and as such, must conform to all side and rear yard setback requirements of the zone district. 

Sheds smaller than 100 sq. ft. in size require a Zoning Permit prior to installation on a property.  A copy of the property survey, noting the location of the proposed shed should accompany any Zoning Permit application filing.

Sheds larger than 100 sq. ft. in size require a Building Permit from the Township Building Department. A copy of the property survey, noting the location of the proposed shed should accompany any Building Permit application filing.

Swimming Pools

Swimming pools are considered accessory structures to residential uses in the Township.  In addition to compliance with all setback requirements for accessory structures of residential zones, the regulations regarding the location of swimming pools on lots are located in Chapter 305 - Swimming Pools of the Montclair Code.  

Please contact the Department of Planning & Community Development to discuss the location of any swimming pool prior to filing any Building Permit to ensure compliance.