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Township of West Milford, NJ
Passaic County
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Table of Contents
Table of Contents
[Amended 10-4-2000 by Ord. No. 2000-14]
This zone will act as an overlay zone for the designated residential zones. The standard zoning shall have precedence unless an applicant can demonstrate the ability to comply with the intent and purpose of the Senior Congregate Care (SCC) Zone. The following properties shall be included within the overlay zone: Block 370, Lots 9 and 10 (new Block 5301, Lots 21 and 33).
The purpose of the Senior Congregate Care (SCC) Zone is to provide areas of the Township which encourage the design and development of a multifaceted, relatively self-contained living environments for individuals and families age 55 and over. Prepared by recognized professionals in the field of senior life care facilities, the zone encourages the use of contemporary land use planning and community development techniques consistent with the objectives of the New Jersey Municipal Land Use Law[1] which will provide the creation of functional environments in an environmentally acceptable way. This zone and its densities reflect the desire to provide affordable housing to the Township's aging population.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Because of the special nature of the zone, the following uses are required to be included in any development proposal:
A. 
Nursing home (one).
B. 
Residential health care.
C. 
Adult multifamily dwelling units and/or attached patio homes and/or attached townhouses.
D. 
Administrative, social and recreational buildings, structures and open areas.
E. 
Neighborhood commercial uses, including service/retail and professional offices planned, designed and constructed to serve the needs of the SCC residents.
A. 
Supporting recreational facilities, including but not limited to swimming pools, tennis courts, open field areas, passive sitting areas, picnic facilities, walking trails, shuffleboard and bocci courts, etc.
B. 
Off-street parking and private garage facilities.
C. 
Fences and walls.
D. 
Utility and maintenance structures.
E. 
Single-family dwelling unit to be utilized and occupied as a residence exclusively for the director of the facility, administrator or other head of operations whose presence on the site is essential for the effective operation of the SCC facility.
F. 
Signs. (See Article XIV, Signs.)
The minimum tract size for each project in the Senior Congregate Care Zone shall be 50 contiguous acres of land (prior to dedication of any land, rights-of-way, parks, easements, etc.).
In accordance with the required principal uses in the zone, each project shall be comprised of the following:
Minimum Percent of Total Site Area
Project
Maximum
Nursing/residential health care (total of both)
4%
10%
Adult multifamily residential dwellings
20%
50%
Patio homes and/or townhouses
10%
40%
Recreation administration
3%
10%
Commercial
1%
3%
Office
1%
5%
Accessory uses
0.5%
2%
The maximum densities in the following project component shall be:
Project Component
Gross Project Area
Nursing, etc.
50 beds per acre
Adult multifamily
10 units per acre
Townhouse/patio homes
6 units per acre
The total amount of impervious coverage from buildings, roofs, roads, parking areas, sidewalks, etc., shall not exceed 30% for the entire project.
The Senior Congregate Care Zone Area and Buffer Requirements Schedule is included at the end of this chapter.
The Senior Congregate Care Zone Yard Area Setback Requirements Schedule is included at the end of this chapter.
A minimum of 50% of the total project area shall be set aside as open space. This area may include buffer areas as prescribed above. Of the total amount of open space, 15% shall be devoted to active and passive recreational uses such as recreation and social gathering areas, walkways, sitting areas, gardens and adjacent usable open space. The determination as to the extent of recreational space shall be made by the Planning Board with the advice of the Planning Director.
Project phasing for completion of nonresidential use components shall be keyed to completion of basic residential use components in accordance with the following schedules:
A. 
When 50% of the housing units are complete:
(1) 
Fifty percent of the commercial center shall be completed.
(2) 
One hundred percent of the nursing/health care shall be completed.
B. 
When 75% of the housing units are complete, 100% of the commercial center must be complete.
C. 
When 100% of the housing units are complete, 100% of the office facility must be complete.
A. 
Buffer areas may be included as part of the required setback areas. The buffer area so required shall be preserved in its natural state and supplemented with additional landscaping as necessary to achieve a full and substantial screening effect when viewed from adjoining properties.
B. 
Minimum buffers shall be in accordance with the schedule in § 500-127.[1]
[1]
Editor's Note: The Senior Congregate Care Zone Area and Buffer Requirements Schedule is included at the end of this chapter.
A. 
Marketing preference requirements for implementation of the offering shall be in accordance with the following schedule in ninety-day increments:
(1) 
Head of household, 60 years old and older: West Milford residents only.
(2) 
Head of household, 55 years old or older: West Milford residents only.
(3) 
Head of household, 60 years old and older: no resident restrictions.
(4) 
Head of household, 55 years old and older: no resident restrictions.
B. 
A marketing plan shall be prepared by the applicant describing the plan, advertising, market selection and implementation.
C. 
No one under 18 years of age shall be a permanent resident of the Senior Congregate Care Zone. Implementation of this requirement shall be through the rules and regulations of project association or governing organization.
A. 
The Senior Congregate Care Zone permits several land use types, each of which generates differing parking needs. The total number of parking spaces provided on site shall be in accordance with the following schedule:
Minimum Number of Spaces
Use Type
Per Unit or Bed
One Space Per Gross Square Feet of Building Area
Patio homes/unit
2
Attached townhouses/unit
2
Multiple adult dwelling unit
1
Nursing home/bed
0.50
Residential health care units
0.33
Administrative/ recreation/ support uses
250 square feet
Neighborhood community center
200 square feet
Professional office center
200 square feet
B. 
A minimum of one parking stall shall be provided in an attached parking garage for each townhouse and patio home, of market value.
A. 
The design and layout of the site of the dwelling unit and all buildings shall be planned for the convenience of the senior citizens and in accordance with applicable codes and regulations.
B. 
Handicapped access to all buildings (except townhouses and patio homes) and all floors within said buildings shall be provided. Installation of ramps and elevators shall be in accordance with applicable codes and regulations.
C. 
Each parking space shall be a minimum of nine by 20 feet with 4% of the overall parking requirement reserved for handicapped parking spaces with a minimum size of 12 feet by 20 feet.
D. 
Each townhouse building shall have no more than eight units per building. Each patio home shall be attached to no more than one other patio home.
E. 
Community sewerage and water facilities shall be required as part of each project in conjunction with Planning Board and West Milford Municipal Utilities Authority requirements.
F. 
Affordable housing. The project densities have been adjusted to provide for affordable housing. To reflect the adjusted density permitted in this zone, a 20% set-aside for affordable housing is required. All other requirements of affordability are as outlined in Chapter 470, Article XIII, Affordable Housing, of the Land Development Ordinance.
G. 
The development of the overall site plan must be in conformance with the § 500-71, Natural features, of this chapter and all Township ordinances.
H. 
The project is contingent upon receipt of both a certificate of need and a certificate of authority from the New Jersey Department of Health and Senior Services and the New Jersey Department of Community Affairs. Receipt of all approvals is required prior to preliminary Township approval.
[Added 12-11-2003 by Ord. No. 2003-51]
A. 
Residential component.
(1) 
Wireless telecommunications facilities are subject to the following:
(a) 
Area and height requirements.
[1] 
Minimum lot area: 25 acres.
[2] 
Minimum setback to any perimeter property line (setbacks are taken from the outer limits of fencing around the compound): 300 feet.
[3] 
Minimum setback to any building occupied or intended for occupancy as a residential use (setbacks are taken from the outer limits of fencing around the compound): 100 feet.
[4] 
Maximum height: not to exceed 10 feet above the identified average of the tree height determined in the following manner:
Explanations for Diagram and Tables
The Plan View Diagram depicts the two-hundred-fifty-foot radius with seven profile lines distanced from each other as shown. Within this radius, all trees with a diameter of six inches or greater are to be located and the location depicted on the Plan View Diagram. All trees surveyed that fall along and within 10 feet of each side of the profile lines are then to have their tree height surveyed and recorded on Table A.
Table A is a compilation of the surveyed tree heights and tree species as identified along the profiles in the Plan View Diagram. The information will be exhibited by the applicant on seven separate tables (Tables A1 through A7), one for each profile line.
Table B is the final compilation of the average tree heights and average anticipated tree heights for each of the seven profile lines (as calculated in Tables A1 through A7) to determine the maximum height of the proposed wireless telecommunications facility.
The monopole and antennas shall be designed as a tree in appearance to include branches and appropriate painting or, if located in an open field area, the design shall be a barn silo not to exceed 50 feet in height with the equipment housed within a barn structure design.
(b) 
Property owned or leased by the Township of West Milford, any Township Fire Company or First Aid Squad or the Township Municipal Utilities Authority shall be exempt from the twenty-five-acre minimum lot size requirement subject to the following standards:
[1] 
Minimum lot area: 1.75 acres.
[2] 
Antennas shall either be affixed to the building within such structural appurtenances as a bell tower, cupola, spire or affixed to a flat roof with a mansard screen, or if a monopole is proposed, it shall be designed as a flagpole or a tree, to be determined by the Planning Board.
[3] 
Minimum front yard setback (setbacks are taken from the outer limits of fencing around the compound): 50 feet or the height of the structure, whichever is greater.
[4] 
Minimum rear yard setback (setbacks are taken from the outer limits of fencing around the compound): 50 feet or the height of the structure, whichever is greater.
[5] 
Minimum side yard setback (setbacks are taken from the outer limits of fencing around the compound): 50 feet or the height of the structure, whichever is greater.
[6] 
Maximum height of structure: 90 feet.
(c) 
Maximum height of the compound security fence shall be six feet.
(d) 
Antennas may be affixed to existing telephone poles, utility stanchions, or streetlights either within public rights-of-way or on properties identified in Subsection A(1)(b), and not extending more than five feet above the existing height of the pole or stanchion. The support equipment is subject to:
[1] 
Placement on the pole; or
[2] 
Placement at the base within the right-of-way; or
[3] 
Placement underground.
(e) 
Collocation is permitted on monopoles or lattice towers that were approved by the Planning Board or Zoning Board prior to the enactment of this § 500-135; however, the height of the support structure shall not be extended.
(f) 
Driveways are subject to the requirements set forth in the Engineering Department's Site Improvement Checklist.
(g) 
All electrical connections, wires and conduit from the antenna structures to the ground structures shall be installed underground.
(h) 
In the event such wireless telecommunications facilities are abandoned or not operated for the use as approved for a period of six months, the same shall be removed, at the option of the Township, at the sole expense of the property owner.
B. 
Nonresidential component.
(1) 
Proposed antennas shall comply with the following criteria, as applicable:
(a) 
Antennas being placed on streetlights, telephone poles and utility stanchions, the height of the antennas shall not exceed five feet above the existing pole or stanchion. The support equipment is subject to:
[1] 
Placement on the pole; or
[2] 
Placement at the base within the right-of-way; or
[3] 
Placement underground.
(b) 
Monopoles or lattice towers that were approved by the Planning Board or Zoning Board prior to the enactment of this § 500-135, but not extending the height of the support structure.
(c) 
Wireless telecommunications facilities disguised within new or existing church steeples, freestanding clock towers, freestanding flagpoles or decorative light stanchions, as follows:
[1] 
The height of the structure shall not exceed 60 feet;
[2] 
Freestanding flagpoles, freestanding clock towers and decorative light stanchions shall maintain the accessory building setbacks and shall maintain a minimum front yard setback of 10 feet;
[3] 
Freestanding flagpoles, freestanding clock towers and decorative light stanchions shall not impede vehicular or pedestrian traffic nor cause sight distance impediments for vehicles entering or exiting a site.
(d) 
Roof structures, provided that no aspect of the wireless telecommunications facility is visible from ground level when viewed from street frontage.
(2) 
Equipment shelters to service antennas not located on telephone poles or streetlights shall be set back a minimum of 15 feet from all property lines and shall be camouflaged in a structure that is architecturally complementary to the antenna camouflage and the surrounding buildings, or may be located on the roof, provided that no aspect of the wireless telecommunications facility is visible from ground level when viewed from street frontage.
(3) 
All facilities shall be suitably secured in accordance with § 500-68, Fences, walls and sight triangles, of this chapter.
(4) 
Landscaping as screening shall be provided around the security fencing.
(5) 
All electrical connections, wires and conduit from the antenna structures to the ground structures shall be installed underground.
(6) 
In the event such wireless telecommunications facilities are abandoned or not operated for the use as approved for a period of six months, the same shall be removed, at the option of the Township, at the sole expense of the property owner.