[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.]
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.
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.Â
To secure safety from fire, flood, panic and other
natural and man-made disasters.
B.Â
To provide adequate light, air and open space.
C.Â
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.Â
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.Â
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
F.Â
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.Â
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.Â
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
I.Â
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.Â
To encourage senior citizen community housing construction.
K.Â
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.Â
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.Â
To promote utilization of renewable energy sources.
N.Â
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.
A.Â
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.Â
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.
All uses not expressly permitted in this Land
Development Ordinance shall be prohibited.
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.
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:
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.
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 or structure attached to the principal building shall comply in all respects with the requirements applicable to the principal building, except for decks, which must follow standards set forth in § 500-92.
[Amended 10-20-2021 by Ord. No. 2021-035]
The development of a new use for building with local historic
designation status.
[Added 4-3-1996 by Ord. No. 1996-6]
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.
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]
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.
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.
In relation to a historic landmark, means any work done on
any improvement which:
Any change in or addition to the supporting members of a
building such as walls, columns, beams, girders, posts or piers.
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
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.
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.
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]
A roof-like cover that projects from the wall of a principal
or accessory building for the purpose of shielding a doorway or window
from the elements. Awnings may be either fixed or retractable.
[Added 10-20-2021 by Ord. No. 2021-035]
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]
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."
That portion of a building which is partly below and partly
above grade, having at least one-half its height above grade.
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.
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]
A room planned or used primarily for sleeping.
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.
Any vessel or watercraft, other than a seaplane on the water,
used or capable of being used a means of transportation on water.
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.
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.
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."
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.
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.
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.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
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.
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]
A tent or camping vehicle temporarily located on a campsite.
[Added 12-17-1997 by Ord. No. 1997-21]
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]
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]
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]
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.
A permanent roofed structure permanently open on at least
two sides, designed for or occupied by private passenger vehicles
or other personal vehicles.
[Added 10-20-2021 by Ord. No. 2021-035]
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.
That part of a dock extending traversly from the main walk.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A building or structure used for recreational, social and
cultural activities, owned by the homeowners' association, and for
use of said homeowners' association.
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:
The application lacks information indicated
on the checklist adopted by this Land Development Ordinance and provided
to the applicant; and
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.
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.
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.
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.
The turnaround area at the terminus of a dead-end street.
Often, but not necessarily, a circle in shape.
The razing of any improvement, or the obliteration of any
natural feature of a designated landmark.
The permitted number of dwelling units per gross area of
land to be developed.
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.
A detention basin or alternative structure designed to temporarily
retain stormwater runoff.
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.
Any flotation or nonflotation, permanent or temporary structure
extending lakeward of the bulkhead line.
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.
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.
A detention basin not designed to retain water on a permanent
basis.
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:
DETACHED SINGLE-FAMILYA 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.
MULTIFAMILYUnits that share common vertical and horizontal separations.
TWO-FAMILYA 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.
TOWNHOUSEA 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]
GARDEN APARTMENTOne 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.
DUPLEXThe 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.
ZERO-LOT-LINEA 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.
PATIO HOMEThe 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.
TRIPLEXThe same as a duplex except that the building has three dwelling units.
QUADRAPLEXThe same as a duplex except that the building has four dwelling units.
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.
To break the plane of a vertical or horizontal regulatory
limit with a structural element, so that it extends into a setback.
[Added 10-20-2021 by Ord. No. 2021-035]
Any structural element that breaks the plane of a vertical
or horizontal regulatory limit, extending into the setback.
[Added 10-20-2021 by Ord. No. 2021-035]
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.
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.
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.
The evaporation of water from a landscape, including evaporation
from a landscape, including evaporation from inorganic surfaces and
transpirational water loss from foliage.
To remove or move any soil from or on the premises on which
it is located.
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:
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.
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.
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.
As defined by N.J.S.A. 54:4-23.20 et seq.
In IPM, liquid products applied through the sprinkler irrigation
system rather than through conventional broadcast methods, achieving
30% to 50% reductions in application rates.
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:
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.
Any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government, political
subdivision, or other entity.
The relatively flat area adjoining a water channel which
has been or may be covered by floodwater of the channel, including
the following components:
FLOODWAYThe 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.
FLOOD HAZARD AREALand in the floodplain subject to a two-tenths-percent or greater chance of flood in any given year.
FLOOD FRINGE AREAThe portion of the flood hazard area outside of the floodway.
The gross floor area of all buildings on a lot divided by
the lot area.
Domesticated chickens, ducks, peahens, and the like, excluding
roosters and male chickens of any age.
[Added 12-7-2022 by Ord. No. 2022-053]
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.
An accessory building consisting of a detached, covered,
freestanding, open-air structure not exceeding 200 square feet.
[Added 10-20-2021 by Ord. No. 2021-035]
An improvement, the cost of which is to be paid out of the
tax revenues of the entire Township.
The average finished ground elevation adjoining a building
at project completion or the slope of a road, path, driveway, swales
or other surfaces.
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.
Any material, solid, liquid or gas, listed as a hazardous
substance or material, including but not necessarily limited to the
NFPA Guide of Hazardous Materials, the Department of Transportation
Guide Book, the list of hazardous substances and toxic pollutants
designated by the Federal Environmental Protection Agency (EPA) and
the New Jersey Department of Environmental Protection pursuant to
Section 311 of the Federal Water Pollution Control Act, Amendment
of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251
et seq.) and the list of toxic pollutants designated by Congress or
the EPA pursuant to Section 307 of the Federal Water Pollution Control
Act, and hospital or medical waste, including but not limited to syringes,
bandages and discarded pharmaceutical products and any material warranting
removal or cleanup in the opinion of the West Milford Township Office
of the Fire Official.
[Added 12-8-2021 by Ord. No. 2021-038]
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.
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.
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:
No more than 450 square feet shall be used for
such occupation.
No display of products shall be visible from
the street.
The residential character of the lot and building
shall not be changed.
No occupational sounds shall be audible outside
the building.
No equipment shall be used which will cause
interference with radio and television reception in neighboring residences.
The home occupation does not reduce the parking
or yard requirements of the detached dwelling.
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.
An incorporated, nonprofit organization operating in a cluster
residential development under recorded land agreements through which:
Each owner is automatically a member.
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.
Each owner and tenant has the right to use the
common property.
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."
Any member of the equine family, including horses, ponies,
mules, asses and donkeys.
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.
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.
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.
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.
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.
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.
Any lot containing an individual industrial use that is not
part of a planned industrial park.
A detention basin designed to infiltrate retained water to
the subsurface and which is not an injection well.
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.
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.
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.
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]
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)
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.
The area contained within the lot lines of a lot not including
any portion of a street right-of-way.
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.
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.
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.
A lot other than a corner lot.
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.
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.
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.
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.
That part of a dock extending into a body of water from the
shoreline.
A permit for the removal, fill or moving of 500 cubic yards
or more of soil.
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.
Any public, semipublic or private facility capable of berthing
or mooring five or more boats.
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.
Any sign attached to, in any manner, or made a part of a
marquee.
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.
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:
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
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.
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.
Accessory structures which are detached from the principal building, nonhabitable by humans, livestock, or household pets, and under 100 square feet. Minor accessory structures are subject to § 500-92.1, Exceptions and supplemental regulations to bulk and area requirements. Coops, stables, and livestock shelters are subject to § 500-66, Accessory buildings, and § 500-90, Farm animals.
[Added 10-20-2021 by Ord. No. 2021-035]
A permit for the removal, fill or moving of more than 100
but less than 500 cubic yards of soil.
[Amended 9-21-2022 by Ord. No. 2022-036]
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.
A building which contains living or sleeping accommodations
for transient occupancy and has individual outside entrances to each
unit.
A dwelling unit attached by common entrance, hallway with
shared utilities (electric, gas, oil, water, etc.).
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.
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]
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]
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]
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.
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]
The official newspaper as designated by the Township Council.
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.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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]
The part of a roof or wall that extends beyond the facade
of a lower wall.
[Added 10-20-2021 by Ord. No. 2021-035]
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.
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.
See the definition of "dwelling unit," Subsection H, "Patio
home."
A level, landscaped, and/or surfaced area directly adjacent
to a principal building and not covered by a permanent roof.
[Added 10-20-2021 by Ord. No. 2021-035]
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.
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.
A structure of parallel colonnades, or columns, supporting
an open roof of crossing rafters or trelliswork.
[Added 10-20-2021 by Ord. No. 2021-035]
Any use of land or buildings as permitted by this Land Development
Ordinance.
Includes individual, firm, association, partnership or corporation.
A vertical support structure to which a deck, dock, boathouse,
or other structure may be affixed.
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.
The map of a subdivision of site plan and used interchangeably
in this Land Development Ordinance with "plan."
SKETCH PLATThe 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.
PRELIMINARY PLATThe 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.
FINAL PLATThe 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.
A roofed, open area, which may be screened, attached to,
or part of a building, and with direct access to or from it.
[Added 10-20-2021 by Ord. No. 2021-035]
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.
An open-sided structure attached to a building supported
by columns.
[Added 10-20-2021 by Ord. No. 2021-035]
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.
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."
The main purpose or purposes for which a lot or building
is used.
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.
The use of land or buildings by the Township Council of the
Township of West Milford or any officially created authority or agency
thereof.
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]
Any work done on any improvement which:
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.
The repairs when a building permit is required for same.
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:
All of the produce offered for sale is grown
on the property.
The produce is not grown primarily for commercial
purposes.
The stand is not furnished with permanent heating
facilities.
The floor area of the stand does not exceed
100 square feet.
The stand is set back from all street rights-of-way
and property lines at least 20 feet.
Sufficient on-site, off-street parking is provided.
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.
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.
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.
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.
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.
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.
The further division of a lot or the adjustment of a lot
line or lot lines.
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.
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.
The outside top covering of a building.
[Added 10-20-2021 by Ord. No. 2021-035]
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.
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.
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]
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]
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.
The distance from the property line to the nearest part of
the applicable building, structure, or sign, measured perpendicularly
to the property 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.
Any standardized shipping container constructed in accordance
with the standard sizes promulgated by the International Standards
Organization (ISO) for use in international intermodal transportation
of goods by ship, rail, or truck, which shall include but shall not
be limited to containers that are 20 feet in length and eight feet
in width, 40 feet in length and eight feet in width, and 53 feet in
length and eight feet in width. Shipping containers that have been
modified into a permanent structure and no longer appear to be shipping
containers shall follow accessory building or principal building standards
depending on the proposed use.
[Added 12-8-2021 by Ord. No. 2021-038]
Where land, air, and water meet.
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.
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.
Any plot or parcel of land or combination of contiguous lots
or parcels of land. A site can be vacant or developed.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including, but not necessarily limited to, topography, vegetation,
drainage, floodplains, marshes, waterways, and wetlands.
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.
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.
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.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
and includes both surface (or top) soil and subsoil.
The period of time during which a shipping container or temporary
structure has been stored on a property.
[Added 10-20-2021 by Ord. No. 2021-035]
The flow of water on the surface of the ground, resulting
from precipitation.
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.
A watercourse having a source and terminus banks and channel
through which waters flow at least periodically.
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.
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.
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.
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.
The following shall not be considered subdivisions
within the meaning of this Land Development Ordinance if no new streets
are created:
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;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument; and
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.
The term "subdivision" shall also include the
term "resubdivision."
Any division of land not classified as a minor subdivision.
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."
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]
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
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.
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.
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.
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]
Any sign that is used only temporarily and is not permanently
mounted.
A structure that is erected or placed without any foundation or footings and is not in place for more than 180 days total in one calendar year. Structures in place for more than 180 days total in one calendar year are considered regulated structures that must adhere to Chapter 500, Zoning, and must obtain appropriate permits. Temporary structures must adhere to accessory structure setbacks.
[Added 10-20-2021 by Ord. No. 2021-035]
A structure, enclosure, or shelter with or without sidewalls
or drops, constructed of fabric or pliable material supported by a
central pole or poles.
[Added 10-20-2021 by Ord. No. 2021-035]
See the definition of "dwelling unit," Subsection D, "Townhouse."
Township of West Milford, Passaic County, New Jersey.
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.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
Includes arranged, designed, constructed, altered, converted,
rented, leased or intended to be used.
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.
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.
A building used primarily for the storage of goods and materials.
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.
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.
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.
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]
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.
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.
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.
A document signed by the Township officer:
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
Which acknowledges that such use, structure or building complies with the provisions of Chapter 500, Zoning, or variance therefrom duly authorized.
[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.
A.Â
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.Â
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.Â
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.Â
Officers and operation of the Board.
(1)Â
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)Â
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)Â
The Township Council shall make provisions in its
budget and appropriate funds for the expenses of the Board of Adjustment.
E.Â
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.Â
Powers and jurisdiction of the Board of Adjustment.
(1)Â
The Board of Adjustment shall have the power to:
(a)Â
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)Â
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)Â
Variance of area or yard requirements.
[1]Â
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]Â
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)Â
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)Â
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]
G.Â
Other powers.
(1)Â
The Board of Adjustment shall have such other powers
as prescribed by law, including but not limited to the following:
(a)Â
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)Â
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)Â
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)Â
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.Â
Appeals and applications to the Board of Adjustment.
(1)Â
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)Â
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)Â
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)Â
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.
A.Â
Establishment; composition. A Planning Board is hereby
established consisting of seven members of the following four classes:
[Amended 2-16-2022 by Ord. No. 2022-003]
(1)Â
Class I: The Mayor.
(2)Â
Class II: One of the officials of the Township other
than a member of the Township Council, appointed by the Mayor.
(3)Â
Class III: A member of the Township Council to be
appointed by the Township Council.
(4)Â
Class IV: Four citizens of the Township plus two other
citizens to act as alternate members, to be appointed by the Mayor.
The members of Class IV shall hold no other municipal office, with
the exception that 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.
B.Â
Terms.
(1)Â
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)Â
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)Â
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)Â
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)Â
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.Â
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.Â
Organization.
(1)Â
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)Â
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.Â
Powers and jurisdictions of the Planning Board.
(1)Â
The Planning Board shall have the powers listed below
in addition to other powers established by law:
(a)Â
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)Â
Subdivision control and site plan review and
approval pursuant to this Land Development Ordinance.
(c)Â
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)Â
Participate in the preparation and review of
programs or plans required by state or federal law or regulation.
(e)Â
Assemble data on a continuing basis as part
of a continuous planning process.
(f)Â
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)Â
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)Â
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)Â
Grant variances pursuant to § 420-6F(1)(c)
of this chapter.
(b)Â
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)Â
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.Â
Operating funds. The Township Council shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board.
G.Â
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.
A.Â
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.Â
Meetings.
(1)Â
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)Â
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)Â
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)Â
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)Â
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.Â
Records.
(1)Â
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)Â
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]
D.Â
Public hearings.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial,
or unduly repetitious evidence.
E.Â
Public notice of a hearing. Public notice of a hearing
shall be given for the following applications for development:
(1)Â
Any request for a variance.
(2)Â
Any request for conditional use approval.
(3)Â
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)Â
Any request for minor subdivision approval involving
one or more of the aforesaid elements.
(5)Â
Any request for preliminary subdivision or site plan.
(6)Â
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)Â
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)Â
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)Â
Any request for minor site plan approval.
[Added 5-21-2003 by Ord. No. 2003-22]
F.Â
Notice requirements.[2]
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
To the Commissioner of Transportation of the
State of New Jersey when the property abuts a state highway.
(2)Â
The applicant shall file an affidavit or proof of
service with the Planning Board or Board of Adjustment, as the case
may be.
(3)Â
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.Â
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]
A.Â
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)Â
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)Â
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)Â
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)Â
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.Â
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)Â
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)Â
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)Â
A copy of the decision and all submitted documents
of record shall be filed with the Township Clerk.
