Township of West Milford, NJ
Passaic County
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[HISTORY: Adopted by the Township Council of the Township of West Milford 5-16-1990 by Ord. No. 1990-16, as amended through 1993. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land and site plan review — See Ch. 470.
Zoning — See Ch. 500.

§ 420-1 Short title.

The short form by which the Land Development Legislation of the Township Code (Chapters 414 through 500) may be known shall be the "Land Development Ordinance of the Township of West Milford."[1]
[1]:
Editor's Note: The Land Development Ordinance, originally adopted 5-16-1990 by Ord. No. 1990-16, as amended, is contained within Chapter 414, Fees, Land Development; Ch. 420, Land Use Procedures; Ch. 460, Soil Removal and Soil Fill; Ch. 470, Subdivision of Land and Site Plan Review; and Ch. 500, Zoning.

§ 420-2 Purpose.

The Land Development Ordinance is adopted pursuant to N.J.S.A. 40:55D-1 et seq., in order to promote and protect the public health, safety, morals and general welfare, and in furtherance of the following related and more specific objectives:
A. 
To secure safety from fire, flood, panic and other natural and man-made disasters.
B. 
To provide adequate light, air and open space.
C. 
To ensure that the development of the Township of West Milford does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
D. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions, and preservation of the environment.
E. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
F. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
G. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
H. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
I. 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
J. 
To encourage senior citizen community housing construction.
K. 
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and fostering the more efficient use of land.
L. 
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development of the particular site.
M. 
To promote utilization of renewable energy sources.
N. 
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to compliment municipal recycling programs.

§ 420-3 Interpretation of standards; administration.

A. 
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Township under the terms of this Land Development Ordinance shall give primary consideration to the above mentioned matters and to the welfare of the entire community. Moreover, if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the appropriate Township agency may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this Land Development Ordinance.
B. 
Where this Land Development Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this Land Development Ordinance shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed or required by this Land Development Ordinance, the provisions of such other laws, rules, regulations or restriction shall control.

§ 420-4 Prohibited uses.

All uses not expressly permitted in this Land Development Ordinance shall be prohibited.

§ 420-5 Time of compliance.

All applicable requirements shall be met at the time of erection or enlargement of structures and change or expansion of use and shall apply to the entire parcel or structure whether or not the entire parcel or structure are involved in the change.

§ 420-6 Definitions.

Any word or term not defined herein shall be defined by the Unabridged Edition of the Random House Dictionary of the English Language. Moreover, whenever a term is used in this Land Development Ordinance which is defined in N.J.S.A. 40:55D-1 et seq., it shall be utilized unless specifically defined to the contrary in this Land Development Ordinance. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A residential use located within a principal or accessory structure on the same lot that is clearly incidental and subordinate to the principal use of the structure it is located in.
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which is customarily associated with but is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.
ADAPTIVE REUSE
The development of a new use for building with local historic designation status.
[Added 4-3-1996 by Ord. No. 1996-6]
ADDITION
In relation to a historic landmark, means the construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any designated landmark.
ADMINISTRATIVE OFFICER
The administrative officer is hereby designated to be the Planning Director or in the event there shall be at any time no Planning Director in the Township, the administrative officer shall be such person as shall be appointed by the Township Administrator until there shall be a Planning Director to perform such function.
[Amended 9-1-2004 by Ord. No. 2004-6]
ADMINISTRATIVE REVIEW OR APPROVAL
The process by which a determination is made by the Construction Official, Township Engineer and Planning Director. Where administrative approval is required, unanimous decision by all three above referenced officials is necessary.
ADVERSE EFFECT
Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe, or unsatisfactory conditions on a subject property, or off-tract property such as, but not limited to, improper circulation and drainage, rights-of-way as defined in N.J.S.A. 40:55D-34, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, inappropriate design features which are not compatible with the surrounding environment, locating and/or designing lots and structures in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this Land Development Ordinance.
ALTERATION
In relation to a historic landmark, means any work done on any improvement which:
A. 
Is not an addition to the improvement.
B. 
Changes the appearance of the exterior surface of any improvement.
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in or addition to the supporting members of a building such as walls, columns, beams, girders, posts or piers.
ANIMATED SIGN
Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
APPLICANT
The landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this Land Development Ordinance.
APPLICATION FOR DEVELOPMENT
The application or appeal forms and all accompanying documents required by this Land Development Ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
AVERAGE HEIGHT OF TREES
The average height of trees shall be determined by adding the height of each individual tree of six inches diameter or more along and within 10 feet of each side of the profile lines and dividing by the number of trees in accordance with the Diagrams and Tables referenced by §§ 500-12 and 500-38.
[Added 12-11-2003 by Ord. No. 2003-51]
BALLOON TEST
The raising, to the proposed maximum height of a wireless telecommunications facility, of a five-foot-diameter helium-filled balloon attached to a tether line, said tether line originating at the proposed ground location of the wireless telecommunications facility. A "balloon test" shall be conducted on a day that West Milford Town hall is open for business, shall begin no later than 7:00 a.m. and shall end no earlier than 1:00 p.m.
[Added 12-11-2003 by Ord. No. 2003-51]
BANNER
Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered "banners."
BASEMENT
That portion of a building which is partly below and partly above grade, having at least one-half its height above grade.
BEACON
Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
BED-AND-BREAKFAST
A private, single-family residence which provides overnight lodging for transient guests and provides breakfast for registered guests in the forenoon of each day.
[Added 4-3-1996 by Ord. No. 1996-6]
BEDROOM
A room planned or used primarily for sleeping.
BILLBOARD
Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds.
BOAT
Any vessel or watercraft, other than a seaplane on the water, used or capable of being used a means of transportation on water.
BOATHOUSE
Any enclosed structure extending into or over a body of water and used for the sole purpose of storing and mooring boats or boating equipment.
BUFFER
A strip of land containing natural woodlands, earth mounds or other planted screening materials and separating one kind of land use from another or separating a planned development from any other development.
BUILDING
Any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property. "Building" shall include the words "structure," "dwelling" or "residence."
BUILDING COVERAGE
The square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING HEIGHT
The vertical distance measured to the highest point from the mean elevation finished grade at the foundation along the sides of the building facing a street or to the street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope. In all cases where this Land Development Ordinance provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within such footage.
BUILDING MARKER
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
BUILDING SIGN
Any sign attached to any part of a building, as contrasted to a freestanding sign.
BULKHEAD LINE
On Greenwood Lake the shoreline occurring at the time the high water of 10.25 feet on the gauge located at the Awosting dam as recorded and maintained by the U.S. Geological Survey until such time as encroachment lines are established by the Bureau of Navigation, State Department of Environmental Protection, defining the lake's permanent shoreline.
CAMPER
A person who registers his or her party for the occupancy of a campsite or who otherwise assumes charge of or is placed in charge of a campsite.
[Added 12-17-1997 by Ord. No. 1997-21]
CAMPER UNIT
A tent or camping vehicle temporarily located on a campsite.
[Added 12-17-1997 by Ord. No. 1997-21]
CAMPGROUND
A lot, tract or parcel of land upon which two or more campsites are located, established or maintained and occupied by camping units for children or adults, or both.
[Amended 12-17-1997 by Ord. No. 1997-21]
CAMPING VEHICLE
A vehicular accommodation not more than 32 feet in length, operating under its own power or towed by an automobile, suitable for temporary habitation, used for travel, vacation, or recreational purposes, and occupied in any one place for a period not exceeding 30 days. This definition shall not include federally approved trailers certified by BOCA (Building Officials and Code Administrators) International, Inc.
[Added 12-17-1997 by Ord. No. 1997-21]
CAMPSITE
A plot of ground within a campground intended for the exclusive occupation by a camping unit or units under the control of a camper.
[Added 12-17-1997 by Ord. No. 1997-21]
CANOPY SIGN
Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
CARTWAY
The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the "cartway" is that portion between the edges of the paved or graded width.
CATWALK
That part of a dock extending traversly from the main walk.
CELLAR
A portion of building having more than 50% of its clear height below the averaged finished contact grade along the outside walls of the building.
CENTRAL SEWERAGE FACILITIES
A system designed and constructed for the treatment of sewage for 50 or more dwelling units; all systems shall be approved by the New Jersey Department of Environmental Protection and West Milford Municipal Utilities Authority. The system may be publicly or privately owned and operated but shall be designed with the capability of tying into other sewerage facility systems that are planned for the area and have been endorsed by the Township Wastewater Management Plan. All proposed central sewerage facilities are subject to site plan review.
CENTRAL WATER FACILITIES
A system designed and constructed to furnish potable water for 50 or more dwelling units or as recommended and approved by the New Jersey Department of Environmental Protection and West Milford Municipal Utilities Authority. The system may be privately constructed but must be publicly owned and operated prior to the issuance of any certificates of occupancy to structures served by the system. All proposed central water facilities are subject to site plan review.
CERTIFICATE OF APPROPRIATENESS
A document that is issued by the Historic Preservation Commission, following a prescribed series of hearings and review procedures, certifying that the proposed actions by an applicant are found to be acceptable in terms of design criteria relating to the individual site, structure or building, or the historic district as a whole.
CHANGEABLE COPY SIGN
A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered "an animated sign" and not a "changeable copy sign" for purposes of this Land Development Ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a "changeable copy sign" for purposes of this Land Development Ordinance.
CHILD CARE CENTER
Any facility for which, upon completion, a license is required from the Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq.
CHURCH
A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith. All other uses shall be interpreted as accessory uses.
COMMERCIAL HORSE STABLE
Any stable, equestrian center, barn, riding academy, ranch, equestrian arena or other property where horses are boarded and kept for the owners thereof or for hire to the general public, and/or where lessons, clinics and other equestrian activities are held for profit.
COMMERCIAL MESSAGE
Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
COMMON PROPERTY
A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
COMMUNITY BUILDING/CLUBHOUSE
A building or structure used for recreational, social and cultural activities, owned by the homeowners' association, and for use of said homeowners' association.
A. 
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(1) 
The application lacks information indicated on the checklist adopted by this Land Development Ordinance and provided to the applicant; and
(2) 
The municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
B. 
The applicant must request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this Land Development Ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Township.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use and upon the issuance of an authorization therefor by the Planning Board.
CONDOMINIUM
A group of buildings in which units are owned individually, and the structures, common areas, and facilities are owned by all of the individual owners on a proportional, undivided basis.
CUL-DE-SAC
The turnaround area at the terminus of a dead-end street. Often, but not necessarily, a circle in shape.
DEMOLITION
The razing of any improvement, or the obliteration of any natural feature of a designated landmark.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DETENTION BASIN
An embankment and associated space for impoundment of water or, alternately, the space for impoundment partially or entirely created by excavation rather than by embankment, in either case designed to temporarily retain stormwater runoff.
DETENTION FACILITY
A detention basin or alternative structure designed to temporarily retain stormwater runoff.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required.
DOCK
Any flotation or nonflotation, permanent or temporary structure extending lakeward of the bulkhead line.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRIVE-IN BUSINESS
Any business, including but not limited to automobile service stations, commercial parking lots, banks, clothes cleaning establishments, dairy products stores, and restaurants, where business is conducted or service is provided directly to an automobile and/or its occupants or when an automobile discharges passengers for quick service where there is little or no separation of pedestrian and automobile traffic.
DRY DETENTION BASIN
A detention basin not designed to retain water on a permanent basis.
DWELLING UNIT
A room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require passing through another dwelling unit or other indirect route to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit:
A. 
A building physically detached from other buildings or portions of building which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
B. 
Units that share common vertical and horizontal separations.
C. 
A building containing two dwelling units only, each having entrances on the first floor, intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to outside or to a common basement.
D. 
A one-family dwelling in a row of at least three but not more than six such units in which each unit has its own front and rear access to the outside, no unit is located over another unit except as provided for in § 500-18E(3) and each unit is separated from any other unit by one or more common fire-resistant walls.
[Amended 11-2-1994 by Ord. No. 1994-35]
E. 
One building containing a number of individual dwelling units. Each building shall be no longer than 200 feet in length and 60 feet in depth and may be divided into as many dwelling units as permitted by applicable health and safety regulations.
F. 
The same as a two-family except that each dwelling unit has part of its floor space on the ground floor and the units are primarily separated by vertical walls rather than horizontally.
G. 
A freestanding single-family detached building serving one family, with one wall of the building abutting a side property line. Side, rear or front yards may be enclosed by walls, provided that such yards remain unoccupied and open to the sky.
H. 
The same as zero-lot-line except the unit shall be designed to integrate interior and exterior living areas. Open space intended for private use shall be so located and designed as to maximize its utility to the dwelling unit it serves. In the SCC Zone the units are designed for independent residents of the community; however, they share in the common social, recreational and other facilities offered by the community.
I. 
The same as a duplex except that the building has three dwelling units.
J. 
The same as a duplex except that the building has four dwelling units.
EASEMENT
A use or burden imposed on real estate by deed or other legal means to control the use of land by the public, a corporation, or particular persons for specific uses.
ENVIRONMENTAL AND COMMUNITY IMPACT STATEMENT (ECIS)
A statement on the effect of development proposals and other major actions which significantly affect the community and environment. The environmental and community impact statement provides the information needed to evaluate the effects of a proposed project upon the host community and the environment. The statement usually consists of an inventory of existing community and environmental conditions at the project site and in the surrounding region. The ECIS also includes a project description and a list of all licenses, permits or other approvals required by law. The environmental and community impact statement assesses the probable impact of the project upon all the inventory items and includes a listing of adverse environmental and community impacts during construction and operation and whether there are alternatives to any part of the project.
EQUESTRIAN CENTER
Any stable, barn, riding academy, ranch, equestrian arena or other property where horses are boarded and kept for the owners thereof or for hire to the general public, and/or where lessons, clinics and other equestrian activities are held.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance by public utilities or municipal or other government agencies of electrical, gas, water transmission or distribution systems or collection, communication, water supply or sewage treatment and collection systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings.
EVAPOTRANSPIRATION
The evaporation of water from a landscape, including evaporation from a landscape, including evaporation from inorganic surfaces and transpirational water loss from foliage.
EXCAVATE
To remove or move any soil from or on the premises on which it is located.
FAMILY DAY-CARE HOME
Any private residence approved by the New Jersey Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:
A. 
The child being cared for is legally related to the provider; or
B. 
The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
A. 
Principal uses. A lot of at least five acres used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce. Commercial piggeries are prohibited.
B. 
Accessory uses. Buildings incidental to farms such as barns and packing, grading and storage buildings for produce raised on the premises, except that no processing of produce shall be permitted in buildings for keeping of poultry and permitted livestock or in garages for the keeping of equipment and trucks used in farm operations.
FARM ANIMALS
Animals produced or used in agriculture, including, for example, but not limited to horses, cattle, swine, sheep, goats, poultry, fowl, fur-bearing animals, but excluding dogs, cats, and other animals commonly kept as household pets.
FARMERS' MARKET PERMIT
A permit issued in accordance with the standards set forth in § 500-36.1 of Chapter 500.
[Added 7-22-2009 by Ord. No. 2009-016]
FARMLAND ASSESSMENT
As defined by N.J.S.A. 54:4-23.20 et seq.
FERTIGATION
In IPM, liquid products applied through the sprinkler irrigation system rather than through conventional broadcast methods, achieving 30% to 50% reductions in application rates.
FILL MATERIAL
Any soil similar to the natural surrounding soils with respect to permeability, water capacity and acidity or any soil approved by the Township Engineer. Soil shall be clean and free of stumps, organic matter, building materials or any other foreign materials; provided, however, that, at the direction of the Township Engineer, soil testing may be required as follows:
A. 
Soil testing shall be done by a certified lab at the applicant's cost;
B. 
Sampling shall be for hydrocarbons, heavy metals and other substances considered to be a health hazard.
FIRST FLOOR AREA
The residential portion of a dwelling unit, excluding basements, garages, carports and breezeways, measured by using the outside dimensions of the residential portion of the building. For a split-level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding basements and garages, provided both levels are connected by permanent built-in stairs in the interior of the building.
FLAG
Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FLOODPLAIN
The relatively flat area adjoining a water channel which has been or may be covered by floodwater of the channel, including the following components:
A. 
The river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
B. 
Land in the floodplain subject to a two-tenths-percent or greater chance of flood in any given year.
C. 
The portion of the flood hazard area outside of the floodway.
FLOOR AREA RATIO (FAR)
The gross floor area of all buildings on a lot divided by the lot area.
FREESTANDING SIGN
Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
GENERAL IMPROVEMENT
An improvement, the cost of which is to be paid out of the tax revenues of the entire Township.
GRADE
The average finished ground elevation adjoining a building at project completion or the slope of a road, path, driveway, swales or other surfaces.
GROSS FLOOR AREA
The area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. Only those floor areas which have a ceiling height as prescribed by the Township building code for residential uses and those floor areas either having a ceiling height of eight feet or more or used for storage space in nonresidential uses shall be included in the gross floor area.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITES
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
HOME OCCUPATION
An occupation conducted entirely within a detached dwelling unit or an accessory building, but not both, which is clearly incidental and secondary to the use of the lot for residential purposes. Such occupations shall be conducted solely by the residents of the detached dwelling except that no more than two persons not residents of the building may be employed and provided that:
A. 
No more than 450 square feet shall be used for such occupation.
B. 
No display of products shall be visible from the street.
C. 
The residential character of the lot and building shall not be changed.
D. 
No occupational sounds shall be audible outside the building.
E. 
No equipment shall be used which will cause interference with radio and television reception in neighboring residences.
F. 
The home occupation does not reduce the parking or yard requirements of the detached dwelling.
G. 
There is no exterior evidence of the home occupation other than one nameplate sign identifying the home occupation, not exceeding four square feet in area, either attached or freestanding and set back at least 15 feet from the street right-of-way.
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating in a cluster residential development under recorded land agreements through which:
A. 
Each owner is automatically a member.
B. 
Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township.
C. 
Each owner and tenant has the right to use the common property.
HOME PROFESSIONAL OFFICE
An occupation for gain or support conducted by any member of the family residing in a dwelling unit and conducted within the dwelling unit or accessory building, such as physician, dentist, lawyer, planner, engineer, architect, accountant etc. Any retail-oriented or distribution-oriented use shall not be interpreted as "home professional office."
HORSE
Any member of the equine family, including horses, ponies, mules, asses and donkeys.
HOTEL
A building which contains furnished living units for its occupants which has entrances from inside the building and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces or balconies and providing, among other things, such services and features such as central dining rooms, lounges, public assembly areas.
HOUSEKEEPING UNIT
One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
IMPERVIOUS SURFACE
Any ground cover which reduces the rate of absorption of stormwater into undeveloped land. Retention and detention basins and dry wells allowing water to percolate directly into the ground shall not be considered as impervious surfaces.
IMPROVEMENT
Any structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 60 contiguous days.
INCIDENTAL SIGN
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
INDUSTRIAL PARK
A large tract of land (25 acres or more) that has been planned, developed, and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
INDUSTRIAL, INDIVIDUAL USE
Any lot containing an individual industrial use that is not part of a planned industrial park.
INFILTRATION BASIN
A detention basin designed to infiltrate retained water to the subsurface and which is not an injection well.
INTEGRATED PEST MANAGEMENT (IPM)
The use of multiple tactics to maintain pest populations below levels that cause unacceptable economic and aesthetic injury without posing a hazard to human health or the environment.
LANDMARK DESIGNATION
The official recognition of any site, building, structure or district that has been documented to have or contain architecturally, historically or archaeologically significant features or elements and that adheres to the criteria as established by the National Historic Preservation Act of 1966, as amended.
LOADING SPACE
An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical clearance.
LOCAL DESIGNATION
The status granted to a landmark or historic site pursuant to § 500-138 of the Land Development Ordinance.
[Added 4-3-1996 by Ord. No. 1996-6]
LOCAL IMPROVEMENT
An improvement, the cost of which, or a portion thereof, may be assessed upon the lands in the vicinity thereof benefited thereby. (N.J.S.A. 40:56-1)
LOT
Any parcel of land separated from other parcels or portions as by a filed map or deed of record, except that for purposes of this Land Development Ordinance, contiguous undersized lots under one ownership shall be considered one lot and except further that no portion of a street shall be included in calculating the lot boundaries or areas, except as modified by § 500-72, Nonconforming lots, structures and uses.
LOT AREA
The area contained within the lot lines of a lot not including any portion of a street right-of-way.
LOT, CORNER
A lot on the junction of and abutting two or more intersecting streets where the interior angle of an intersection does not exceed 135 degrees.
LOT DEPTH
The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
LOT FRONTAGE
The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that, on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 50% of the required minimum lot width. In no case shall the required frontage on a cul-de-sac be less than 50 feet. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.
LOT WIDTH
The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line.
LOW-INCOME HOUSING
Housing that is economically feasible for families whose income level is categorized as low within the standards promulgated by the United States Department of Housing and Urban Development or the appropriate state housing agency.
MAINTENANCE BOND
Any security acceptable to the Township Council to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvement and in accordance with this Land Development Ordinance.
MAIN WALK
That part of a dock extending into a body of water from the shoreline.
MAJOR SOIL REMOVAL OR SOIL FILL PERMIT
A permit for the removal, fill or moving of 500 cubic yards or more of soil.
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including assembling of component parts, manufacturing of products, and the blending of materials such as oils, resins or liquors.
MARINA
Any public, semipublic or private facility capable of berthing or mooring five or more boats.
MARQUEE
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN
Any sign attached to, in any manner, or made a part of a marquee.
MASTER PLAN
A composite of one or more written or graphic proposals for development of the Township of West Milford as set forth and adopted pursuant to N.J.S.A. 40:55D-28.
A. 
As provided by N.J.S.A. 40:55D-10g, the Township shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(1) 
A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or
(2) 
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval.
B. 
Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of a prior action of the municipal agency and not to be itself an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections h and i of N.J.S.A. 40:55D-10. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipal agency.
MINOR SOIL REMOVAL OR SOIL FILL PERMIT
A permit for the removal, fill or moving of more than 50 but less than 500 cubic yards of soil.
MODERATE-INCOME HOUSING
Housing which is constructed and kept available for families or individuals, including senior citizens, whose incomes do not exceed 80% of the median income of the area, with adjustments for smaller and larger families as defined for the Township by the U.S. Department of Housing and Urban Development.
MOTEL
A building which contains living or sleeping accommodations for transient occupancy and has individual outside entrances to each unit.
MOTHER/DAUGHTER
A dwelling unit attached by common entrance, hallway with shared utilities (electric, gas, oil, water, etc.).
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment, or Township Council, or any agency created by or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.[1]
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.[2]
NONCONFORMING SIGN
A sign lawfully existing on the effective date of this chapter, or any amendment to it rendering such sign nonconforming, which does not comply with all of the standards and regulations of this chapter or any amendment hereto.[3]
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NURSING HOME/LONG-TERM CARE
A use of building or land for the care of two or more unrelated persons who are suffering from an acute or chronic illness or are being treated for or convalescing from the effects of an injury and surgical or obstetrical treatment who require nursing care as a result of one or more of the above-mentioned conditions. The term "nursing home" as used herein does not include the term "boardinghouse or other home for the sheltered care of adult persons," as defined by law, but it does include any structure licensed by the State of New Jersey Department of Human Services to operate a "nursing home." This facility will be serviced 24 hours a day by a registered nurse and include medical facilities, meals, housekeeping, social service, and physical therapy.[4]
OFFICIAL NEWSPAPER
The official newspaper as designated by the Township Council.
OFF-SITE
Located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OUTDOOR PERFORMING ARTS CENTER
A land use consisting of an amphitheater or pavilion with either fixed, permanent or temporary seating, or a combination thereof, used for musical performance theater or similar productions.
[Added 12-17-1997 by Ord. No. 1997-21]
OWNER
Any person in legal possession of the fee simple title to a parcel of land or having such other interest or estate therein as will permit exercise of effective rights of ownership, possession thereof or dominion thereover.
PARKING SPACE
An area of not less than nine feet wide by 18 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes, and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking space. The area shall be sufficient to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PATIO HOME
See the definition of "dwelling unit," Subsection H, "Patio home."
PENNANT
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PERFORMANCE GUARANTEE
Any security in accordance with the requirements of this Land Development Ordinance which may be accepted in lieu of a requirement that certain improvements be made, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PERMITTED USE
Any use of land or buildings as permitted by this Land Development Ordinance.
PERSON
Includes individual, firm, association, partnership or corporation.
PIER
A vertical support structure to which a deck, dock, boathouse, or other structure may be affixed.
PIERHEAD LINE
A line running parallel with the bulkhead line and extending lakeward not more than 50 feet from the bulkhead line and until such time as established by the Natural Resources Council and Bureau of Navigation, New Jersey State Department of Environmental Protection, beyond which no dock, pier, boathouse, or marina or other structure, permanent or temporary, floating or affixed to shore or water bottom, may be located.
PLAT
The map of a subdivision of site plan and used interchangeably in this Land Development Ordinance with "plan."
A. 
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this Land Development Ordinance.
B. 
The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this Land Development Ordinance.
C. 
The final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these requirements.
PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
PREMISES
One or more contiguous parcels of property under single ownership. Parcels shall not be deemed to be contiguous if separated by a road, railroad, right-of-way, brook, stream or other natural division.
PRINCIPAL BUILDING
The building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered "principal buildings."
PRINCIPAL USE
The main purpose or purposes for which a lot or building is used.
PROJECTING SIGN
Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
PUBLIC PURPOSE USES
The use of land or buildings by the Township Council of the Township of West Milford or any officially created authority or agency thereof.
PUBLIC UTILITY
A facility for public use or to provide services to the public, such as telephone systems or plant and equipment, electric power substations or equipment, cable television facilities, sewerage treatment and water treatment facilities including pumping stations, gas transmission stations, but excluding actual transmission lines and towers and microwave facilities.[5]
REPAIR
Any work done on any improvement which:
A. 
Is not an addition to the improvement;
B. 
Does not change the appearance of the exterior surface of any improvement.
REPAIR SHOP, BODY
The land and buildings designed and used predominantly for the mechanical repair of passenger or commercial vehicles. No shop in which a majority of the mechanical repair work done is on vehicles owned by the operator or owner of such shop, or leased or rented to such operator or owner, shall be designated as a mechanical repair shop under this definition.
REPLACEMENT
The repairs when a building permit is required for same.
A. 
The growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the property and not primarily for commercial purposes. A small roadside produce stand associated with the residential agricultural use shall be permitted, provided that:
(1) 
All of the produce offered for sale is grown on the property.
(2) 
The produce is not grown primarily for commercial purposes.
(3) 
The stand is not furnished with permanent heating facilities.
(4) 
The floor area of the stand does not exceed 100 square feet.
(5) 
The stand is set back from all street rights-of-way and property lines at least 20 feet.
(6) 
Sufficient on-site, off-street parking is provided.
B. 
One unlighted sign, not exceeding four square feet in area, shall be permitted and shall be attached flat against the front facade of the stand.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL HEALTH CARE FACILITY
An institution or a distinct part of an institution which is licensed by the State of New Jersey Department of Health and Senior Services to provide health care under medical supervision to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption. This facility is to assist with semi-independent personal care but includes provisions for meals, social services, medical and/or personal service and emergency care if necessary.
RESIDENTIAL SIGN
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirements of this Land Development Ordinance.
RESTAURANT
Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, operated by the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-IN
Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand, or hot dog stand where food is served primarily for consumption at counters, stools, or bars outside the building or primarily for consumption in automobiles parked on the premises whether brought to the automobiles by the customer or by the employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building.
RESUBDIVISION
The further division of a lot or the adjustment of a lot line or lot lines.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, transmission line, pipeline, water line, sanitary storm sewer and other similar uses.
RINGELMANN SMOKE CHART
A device used to measure and gauge the significance of smoke pollution by the utilization of shaded samples which is matched to the color of the actual pollution.
ROOF SIGN
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
ROOF SIGN, INTEGRAL
Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
SEASONAL FARMERS' MARKET
The offering for sale of fresh agricultural products, organic merchandise, food products, and other merchandise typical of a seasonal market directly to the consumer at an open-air market on a seasonal basis which shall constitute the time period from June 1 through October 31 per calendar year under the sponsorship of a nonprofit, civic, or religious organization.
[Added 7-22-2009 by Ord. No. 2009-016]
SENIOR CITIZENS' HOUSING
Apartment-type housing for independent residents with some common facilities provided for the occupants of said housing. However, they also share in common social, recreational and other facilities.
[Amended 5-1-1996 by Ord. No. 1996-13]
SERVICE STATION
Lands and buildings providing for the sale of fuel, lubricants, and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted.
SETBACK
The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
SETBACK LINE
A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SHORELINE
Where land, air, and water meet.
SIGHT EASEMENT AT INTERSECTION
A triangular shaped area established in accordance with the requirements of this Land Development Ordinance in which no grading, planting, except ground covers or low growing species, or structure shall be erected or maintained, except for street signs, fire hydrants and light standards.
SIGN
A device on any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public.
SITE
Any plot or parcel of land or combination of contiguous lots or parcels of land. A site can be vacant or developed.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes, waterways, and wetlands.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices.
C. 
Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance to the requirements of this Land Development Ordinance.
SITE PLAN REVIEW
The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this Land Development Ordinance, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or Board of Adjustment.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt, and includes both surface (or top) soil and subsoil.
STORMWATER RUNOFF
The flow of water on the surface of the ground, resulting from precipitation.
STORY
That portion of a building included between the surface of any floor and the surface of the next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this Land Development Ordinance, the interior of the roof shall not be considered a ceiling. A "half story" shall be the area under a pitched roof at the top of a building, the floor of which shall be at least four feet, but no more than six feet, below the plate.
STREAM
A watercourse having a source and terminus banks and channel through which waters flow at least periodically.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way which is an existing state, county, or municipal roadway, is shown upon a plat heretofore approved pursuant to law, is approved by N.J.S.A. 40:55D-1 et seq., or is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. "Streets" shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.
STREET LINE
The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTURE
Anything constructed, assembled, or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices and swimming pools. For purposes of Chapter 500, Article XIII, Historic Preservation Commission, a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SUBDIVISION
The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.
A. 
The following shall not be considered subdivisions within the meaning of this Land Development Ordinance if no new streets are created:
(1) 
Divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
(2) 
Divisions of property by testamentary or intestate provisions;
(3) 
Divisions of property upon court order, including but not limited to judgments of foreclosure;
(4) 
Consolidation of existing lots by deed or other recorded instrument; and
(5) 
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJOR
Any division of land not classified as a minor subdivision.
SUBDIVISION, MINOR
Any division of land containing an aggregate of not more than three lots (two new lots and the remaining parcel), each fronting on an existing street or streets; not involving a planned development or any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and Chapter 470, Article VIII, On-Tract Improvements, Guarantees and Inspections, of this Land Development Ordinance or the extension of Township facilities; and not in conflict with any provision of the Master Plan, Official Map, or this Land Development Ordinance; not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by a municipal agency within the past five years and where the combination of the proposed and approved minor subdivision(s) constitutes a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this Land Development Ordinance. The original tract of land shall be considered any tract in existence at the time of the adoption of this Land Development Ordinance of which this is a revision as shown on the Township tax maps. Any readjustment of lot lines resulting in no new lots shall be classified as a "minor subdivision."
SUMMER STOCK THEATER
Areas, buildings or structures designed and used for plays, acts or dramas by actors and actresses performing on a stage and not including the exclusive showing of motion pictures.
[Added 12-17-1997 by Ord. No. 1997-21]
SUSPENDED SIGN
A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
SWIMMING POOL, PORTABLE
Portable pools shall not be subject to the requirements of this Land Development Ordinance and shall be those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed a water surface area of 100 square feet, and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
Includes an artificially constructed pool, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more, designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests, and located on a lot as an accessory use to a detached dwelling; "private residential swimming pool" includes all buildings, structures, equipment and appurtenances thereto. "Private residential swimming pool" shall be further classified into types in accordance with the suitability of a pool for use with diving equipment and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.
SWIMMING POOL, PUBLIC
Any pool other than a private residential swimming pool, designed to be used collectively by persons for swimming and bathing purposes, including pools designed as part of any hotel or motel use or any cluster residential development. "Public swimming pools" shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.
TEMPORARY OUTDOOR COMMERCIAL SALES EVENT
The outdoor display and/or sale of merchandise, which shall also include a farmers’ market for a specified period of time in accordance with the requirements set forth in Chapter 500.
[Added 7-22-2009 by Ord. No. 2009-016]
TEMPORARY SIGN
Any sign that is used only temporarily and is not permanently mounted.
TOWNHOUSE
See the definition of "dwelling unit," Subsection D, "Townhouse."
TOWNSHIP
Township of West Milford, Passaic County, New Jersey.
TOWNSHIP MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the Township which shall have been duly adopted by the Planning Board.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
USED
Includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used.
VARIANCE
A departure from the terms of this Land Development Ordinance authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1 et seq.
WALL SIGN
Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
WAREHOUSE
A building used primarily for the storage of goods and materials.
WATER LOT AREA
That area of water surface bounded by bulkhead line, the pierhead line and the side lot lines extended to the pierhead line which would extend, for the purpose of this definition only, the side lot lines of those lots having water frontage from the bulkhead line to the pierhead line.
WETLANDS
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation"; provided, however, that the applicant, in designating a wetland, shall use the three-parameter approach, as outlined in N.J.S.A. 13:9B-1 et seq.
WINDOW SIGN
Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
WIRELESS TELECOMMUNICATIONS FACILITY
A commercial facility, consisting of antennas, pole and equipment, providing customary support facilities, access, and security facilities in accordance with and in compliance with the regulations promulgated by the FCC in the Telecommunications Act of 1996.
[Added 7-1-1998 by Ord. No. 1998-12; amended 12-11-2003 by Ord. No. 2003-51]
YARD, FRONT
An open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required setback.
YARD, REAR
An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required rear yard shall be the same as the required setback.
YARD, SIDE
An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.
ZONING PERMIT
A document signed by the Township officer:
A. 
Which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
B. 
Which acknowledges that such use, structure or building complies with the provisions of Chapter 500, Zoning, or variance therefrom duly authorized.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]:
Editor's Note: Former definitions "recreation facilities," "recreation, active or passive," "recreation, commercial," "recreation, private" and "recreational vehicle," which all previously followed this definition, were repealed 12-17-1997 by Ord. No. 1997-21.

§ 420-7 Board of Adjustment. [1]

A. 
Establishment; composition; alternates. The Zoning Board of Adjustment heretofore created is continued and is hereby established pursuant to the Municipal Land Use Law as the Board of Adjustment for the Township. It shall consist of seven members, plus two alternates who shall be appointed by the Township Council. Alternate members shall be designated at the time of appointment by the Township Council as "Alternate No. 1" and "Alternate No. 2." The term of each regular member shall be four years, and the term of each alternate member shall be two years.
B. 
Voting powers of alternate members. Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
C. 
Vacancy. Any vacancy on the Board occurring other than by expiration of term shall be filled by appointment by the Township Council to serve for the unexpired term of the member whose term shall become vacant. A member may be removed by the Township Council for cause but only after public hearing and other requested procedural due process protections.
D. 
Officers and operation of the Board.
(1) 
The Board of Adjustment shall organize annually by selecting from among its regular members a Chairman and Vice Chairman. The Board shall also select a Secretary who may or may not be a member of the Board or a Township employee.
(2) 
The Township Administrator shall appoint a person to perform secretarial and clerical functions for the Board of Adjustment.
[Amended 9-1-2004 by Ord. No. 2004-6]
(3) 
The Township Council shall make provisions in its budget and appropriate funds for the expenses of the Board of Adjustment.
E. 
Attorney for the Board of Adjustment. The office of the Board of Adjustment Attorney is hereby created. The Board of Adjustment may annually appoint to such office an attorney at law of New Jersey other than the Township Attorney and any additional staff as needed. The Board of Adjustment shall fix compensation or rate of compensation of an Attorney so appointed.
F. 
Powers and jurisdiction of the Board of Adjustment.
(1) 
The Board of Adjustment shall have the power to:
(a) 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the administrative officer based or made in the enforcement of any provision of the Land Development Ordinance.
(b) 
Hear and decide, in accordance with the provisions of the Land Development Ordinance, requests for interpretation of the Official Map or Chapter 500, Zoning, or for decisions upon other special questions upon which the Board is authorized to pass by any ordinance or Official Map.
(c) 
Variance of area or yard requirements.
[1] 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of other extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation of Chapter 500, Zoning, would result in peculiar and exceptional practical difficulties or to exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve any difficulties or hardships.
[2] 
Where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and of this Land Development Ordinance would be advanced by a deviation from the requirements of this Land Development Ordinance, and the benefits of the deviation would substantially outweigh any detriment, grant departure from regulations of Chapter 500, Zoning; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to review a request for a variance pursuant to this Land Development Ordinance.
(d) 
Variance of use regulations. In particular cases and for special reasons, grant a variance to allow departure from Chapter 500, Zoning, including, but not limited to, permit a use or principal structure in a district restricted against such use or principal structure, an expansion of a nonconforming use, a deviation from a specification or standard pertaining solely to a conditional use, an increase in the permitted floor area ratio, and an increase in the permitted density except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
(2) 
General provision. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Chapter 500, Zoning. In respect of the airport hazard areas, no variance or other relief may be granted permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant of the Air Safety and Zoning Act of 1983,[2] except upon issuance of a permit by the New Jersey Commissioner of Transportation. An application under this section may be referred to an appropriate person or agency, including the Planning Board, for its report; provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.[3]
[2]:
Editor's Note: See N.J.S.A. 6:1-80 et seq.
[3]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Other powers.
(1) 
The Board of Adjustment shall have such other powers as prescribed by law, including but not limited to the following:
(a) 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32; or
(b) 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
(2) 
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Land Development Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided for in this Land Development Ordinance for the approval in question, and the special vote provision pursuant to § 420-7F(1)(d) of this chapter shall not be required.
(3) 
Whenever an application for development requests relief pursuant to this subsection, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided for in this Land Development Ordinance. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision, or N.J.S.A. 40:27-6.6 in the case of a site plan, the Township Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time. An application under this section may be referred to any appropriate person or agency, for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
H. 
Appeals and applications to the Board of Adjustment.
(1) 
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the Township based on or made in the enforcement of the Land Development Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the administrative officer specifying the grounds of such appeal. The administrative officer shall immediately transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(2) 
The applicant may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the administrative officer.
(3) 
The Board of Adjustment shall render a decision not later than 120 days after the date that an appeal is taken from the decision of the administrative officer, or a complete application for development is submitted to the Board by an applicant. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
(4) 
Whenever review or approval of the application by the Passaic County Planning Board is required in the case of a subdivision or site plan, the Board of Adjustment shall condition any approval upon timely receipt of a favorable report on the application by the Passaic County Planning Board or approval by the Passaic County Planning Board by its failure to report thereon within the required time.
[1]:
Editor's Note: For current statutory provisions related to zoning boards of adjustment, see N.J.S.A. 40:55D-69 et seq.

§ 420-8 Planning Board. [1]

A. 
Establishment; composition. A Planning Board is hereby established consisting of nine members of the following four classes:
(1) 
Class I: The Mayor.
(2) 
Class II: One of the officials of the Township other than a member of the Township Council, appointed by the Mayor; provided that, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Board of Adjustment or Historic Preservation Commission and a member of the Board of Education among the Class IV members or alternate members of the Planning Board.
(3) 
Class III: A member of the Township Council to be appointed by the Township Council.
(4) 
Class IV: Six citizens of the Township plus two other citizens to act as alternate members, to be appointed by the Township Council. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Board of Adjustment or Historic Preservation Commission and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both member of the Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
B. 
Terms.
(1) 
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or shall terminate at the completion of their respective terms in office, whichever comes first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
(2) 
The term of a Class IV member who is also a member of the Board of Adjustment, Historic Preservation Commission, or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever comes first.
(3) 
The terms of all Class IV members shall be four years except as otherwise provided herein. All terms shall run from July 1 of the year in which the appointment was made.
(4) 
Alternate members shall be appointed by the Township Council and shall meet the qualifications of Class IV members. Alternate members shall be designated, at the time of appointment, by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year, provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of a term shall be filled by the Township Council for the unexpired term only.
(5) 
Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member of any class. The vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
C. 
Vacancy. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
D. 
Organization.
(1) 
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a Township employee designated by it.
(2) 
The Township Administrator shall appoint a person to perform secretarial or clerical functions for the Planning Board.
[Amended 9-1-2004 by Ord. No. 2004-6]
E. 
Powers and jurisdictions of the Planning Board.
(1) 
The Planning Board shall have the powers listed below in addition to other powers established by law:
(a) 
Make, adopt and from time to time amend the Township Master Plan for the physical development of the Township, including any areas outside its boundaries which, in the Planning Board's judgment, bear essential relation to the planning of the Township.
(b) 
Subdivision control and site plan review and approval pursuant to this Land Development Ordinance.
(c) 
Review and comment on the Official Map of the Township prior to its adoption by the Township Council, pursuant to N.J.S.A. 40:55D-25a.
(d) 
Participate in the preparation and review of programs or plans required by state or federal law or regulation.
(e) 
Assemble data on a continuing basis as part of a continuous planning process.
(f) 
Annually prepare a program of municipal capital improvements projects projected over a term of six years and amendments thereto and recommend same to the Township Council.
(g) 
Consider and report to the Township Council within 35 days after referral regarding any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the Township Council.
(2) 
The Planning Board shall have such other powers as prescribed by law, including, but not limited to, the power to grant the following variances, to the same extent and subject to the same restrictions as the Board of Adjustment, when the Planning Board is reviewing applications for approval of subdivision plans, site plans or conditional uses:
(a) 
Grant variances pursuant to § 420-6F(1)(c) of this chapter.
(b) 
Direction pursuant to § 420-6G(1)(a) for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area.
(c) 
Direction pursuant to § 420-6G(1)(b) for issuance of a permit for a building or structure on a lot not abutting a street.
F. 
Operating funds. The Township Council shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
G. 
Attorney for the Planning Board. The office of the Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office an Attorney at law of New Jersey other than the Township Attorney and any additional staff as needed. The Planning Board shall fix compensation or rate of compensation of an Attorney so appointed.
[1]:
Editor's Note: For current statutory provisions related to planning boards, see N.J.S.A. 40:55D-23 et seq.

§ 420-9 Provisions applicable to both the Planning Board and Board of Adjustment.

A. 
Conflicts of interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
B. 
Meetings.
(1) 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
(2) 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
(3) 
No action shall be taken at any meeting without a quorum being present. A quorum shall be the majority of the full authorized membership of the Board.
(4) 
All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-1 et seq.
(5) 
All meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Act, N.J.S.A. 10:4-6 et seq.
C. 
Records.
(1) 
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board or the Board of Adjustment, and of the persons appearing by attorney, the action taken by the Planning Board or Board of Adjustment, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes.
(2) 
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical, or electronic means. The Township shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. The municipal agency, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2B:7-4. Said transcript shall be certified in writing by the transcriber to be accurate.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Public hearings.
(1) 
The Planning Board or Board of Adjustment, as the case may be, shall hold a hearing on each application for development. Each Board shall make the rules governing such hearings.
(2) 
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records, amended maps, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(3) 
All corporations filing an application before the Planning Board shall, at the public hearing, be represented by an attorney licensed to practice law in New Jersey, or have all the principals and officers of the corporation present at the meeting. All corporations appearing before the Board of Adjustment shall be represented by an attorney licensed to practice law in New Jersey, or officers and partners of the corporation or partnership shall produce documentation of authorization for them to act for said corporation or partnership.
(4) 
The officer presiding at the hearing, or such person as he may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
(5) 
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(6) 
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial, or unduly repetitious evidence.
E. 
Public notice of a hearing. Public notice of a hearing shall be given for the following applications for development:
(1) 
Any request for a variance.
(2) 
Any request for conditional use approval.
(3) 
Any request for the issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street. [See § 420-6G(1)(a) and (b).]
(4) 
Any request for minor subdivision approval involving one or more of the aforesaid elements.
(5) 
Any request for preliminary subdivision or site plan.
(6) 
Any request for an appeal to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Chapter 500, Zoning.
[Added 2-3-1999 by Ord. No. 1999-7]
(7) 
Any request for an interpretation pursuant to N.J.S.A. 40:55D-70b of the Zoning Map or for decisions upon other special questions upon which the Zoning Board of Adjustment is authorized to pass by any zoning or official map ordinance.
[Added by 2-3-1999 Ord. No. 1999-7]
(8) 
Any request to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-68 for the certification that a use or structure existed before the adoption of the Land Development Ordinance which rendered the use or structure nonconforming.
[Added 2-3-1999 by Ord. No. 1999-7]
(9) 
Any request for minor site plan approval.
[Added 5-21-2003 by Ord. No. 2003-22]
F. 
Notice requirements.[2]
(1) 
The Secretary of the Planning Board or Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
(a) 
By publication in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township. A copy of the notice, as printed in the newspaper, shall be submitted to the administrative officer.
(b) 
To all owners of real property as shown on the current tax duplicate located in the state and within 200 feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above and below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner, as shown on the current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(c) 
Notice to a partnership owner may be made by service upon any partner; notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
(d) 
To the Municipal Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of the adjoining municipality or municipalities; such notice shall be given by personal service or certified mail.
(e) 
To the Passaic County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the Passaic County Official Map or the Passaic County Master Plan or adjoins county land.
(f) 
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.
(g) 
To the State Planning Commission when the hearing involves an application for development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Township Clerk.[3]
[3]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The applicant shall file an affidavit or proof of service with the Planning Board or Board of Adjustment, as the case may be.
(3) 
The notice shall state the date, time, and place of the hearing and the nature of the matters to be considered, and an identification of the property proposed for development by street address, if any, or by reference to the block and lot numbers as shown on the current tax duplicate in the Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.
[2]:
Editor's Note: For current statutory provisions related to notice of applications, see N.J.S.A. 40:55D-12.
G. 
List of property owners. Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged a sum not to exceed the amount set forth in Chapter 414, Fees, Land Development, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notices to any owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection F(1)(b) of this section who do not reside in the Township. Such list for advertising purposes shall not be issued by the Tax Assessor until the application for which advertising is necessary has been declared complete, as defined herein in § 420-6, by the administrative officer.[4]
[4]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Former Section 16-10, Appeals of use variance approvals, which previously followed this section, was repealed 4-17-2002 by Ord. No. 2002-10.

§ 420-10 Decisions.

A. 
Each decision on any application for development shall be reduced to writing as provided in the following subsections and shall include findings of facts and conclusions based thereon:
(1) 
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
(2) 
The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes action to grant or deny approval, or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
(3) 
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of the majority of the members of the municipal agency who voted for the action previously taken and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of such an action of the municipal agency and not to be an action of the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
(4) 
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes on the mailings, filings and publications.
B. 
Notice of decisions. Any decision of the Planning Board or Board of Adjustment when acting upon an application for development and any decisions of the Township Council when acting upon an appeal shall be given notice in the following manner:
(1) 
A copy of the decision shall be mailed to the applicant or appellant or, if represented, then to his attorney without charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision.
(2) 
A brief notice of the decision shall be published in the official newspaper of the Township if there be one or in a newspaper of general circulation in the Township. Such publication shall be arranged by and paid for by the applicant and shall be published within four weeks from the date of the decision.
(3) 
A copy of the decision and all submitted documents of record shall be filed with the Township Clerk.