A. 
Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B. 
Accessory buildings not to be constructed prior to principal building. No construction permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the main building on the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Construction Official shall revoke the construction permit for the accessory building until construction of the main building has proceeded substantially toward completion.
C. 
Distance between adjacent buildings. The minimum distance between an accessory building and any other buildings on the same lot shall be as prescribed in §§ 500-12, 500-28, 500-40 and 500-48. Minimum distance between an outdoor wood burning furnace and any other buildings on the lot shall be as per manufacturer's specifications and zoning standards for the respective zone district.
[Amended 12-7-2022 by Ord. No. 2022-050; 10-4-2023 by Ord. No. 2023-027]
D. 
Location. An accessory building may be erected in side or rear yard areas only, and shall be set back from side and rear lot lines as prescribed in §§ 500-12, 500-23C(4)(b), 500-28, 500-40, and 500-48, except that, if erected on lots with more than one street frontage, the accessory building shall be set back from the secondary street to comply with the setback line applying to the principal building for that side street. Outdoor wood-burning furnaces must meet accessory building setbacks in the respective zone district.
[Amended 12-7-2022 by Ord. No. 2022-050; 10-4-2023 by Ord. No. 2023-027]
E. 
Height of accessory buildings. The height of accessory buildings shall be as prescribed in §§ 500-11, 500-34, 500-40 and 500-49.
F. 
Location. An accessory building may be erected anywhere on a lot within the principal building setbacks and in side or rear yard areas when meeting the accessory structure side or rear yard setbacks as prescribed herein. Except that, if erected on a lot with two or more street frontages, the accessory building shall be set back from any secondary street to comply with the setback line applying to the principal building for side yards. The secondary street shall be any street that the building does not front on or face with a front door and would otherwise be considered a side yard, if not for the street frontage. Also except that no poultry or livestock shelter shall be erected nearer than 25 feet to any adjacent off-site residential structure.
[Amended 6-15-2022 by Ord. No. 2022-028; 10-4-2023 by Ord. No. 2023-027]
G. 
Accessory buildings not exceeding 100 square feet. All accessory buildings that do not exceed 100 square feet in total area and are not used to shelter livestock or poultry may be located within five feet of any side or rear lot line.
[Amended 10-4-2023 by Ord. No. 2023-027]
H. 
Outdoor wood-burning furnaces shall also adhere to regulations set forth in § 500-__ Outdoor wood-burning furnaces.
[Amended 12-7-2022 by Ord. No. 2022-050]
A. 
Within any residential district, no building with a permitted professional home office or home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential area.
B. 
The Township Council hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhood tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impair existing residential property and the value of both improved and unimproved real property in such areas and, in addition, tends to deprive the municipality of tax revenue and destroy a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this section to prevent these and other harmful effects of uniformity in design and appearance of dwellings erected in any housing development in the same residential neighborhood and thus to promote and protect the general welfare of the community.
C. 
No more than one construction permit shall be issued for any particular single-family detached dwelling unit design in any housing development consisting of two or more detached dwellings when the houses are substantially alike in exterior design and appearance unless such similar houses either are separated by a distance of at least 300 feet or are situated on individual lots which are themselves separated at all points by a distance of at least 150 feet, whichever distance will provide the least separation between houses.
D. 
Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:
(1) 
The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
(2) 
The height and design of the roofs are without substantial change in design and appearance.
(3) 
The size and type of windows and doors in the front elevation are without substantial differentiation.
(4) 
In addition, there shall be:
(a) 
No less than two separate basic house designs in every housing development consisting of eight or fewer houses.
(b) 
No less than three basic house designs in every housing development consisting of 15 or fewer houses.
(c) 
No less than five basic house designs in every housing development consisting of 50 or fewer houses.
(d) 
No less than six basic house designs in every housing development consisting of 77 or fewer houses.
(e) 
No less than eight basic house designs in every development consisting of 78 or more houses.
E. 
To insure conformity with the provisions of this section, no construction permit shall hereafter be issued for more than one dwelling in any housing development until the builder shall post or cause to be posted on each specific lot on the map of the subdivision on file with the Construction Official the type and model for each house for which a construction permit has been or is being issued.
F. 
The provisions, requirements, and standards heretofore set forth shall not be considered met where there is an attempt to make minor changes or deviations from building plans and location surveys which show an obvious intent to circumvent the purpose of this section.
[Amended 11-4-1998 by Ord. No. 1998-19; 12-5-2007 by Ord. No. 2007-030; 10-20-2021 by Ord. No. 2021-035; 9-21-2022 by Ord. No. 2022-036; 12-7-2022 by Ord. No. 2022-054]
A. 
All permitted fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes, or constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms or where necessary for the keeping of farm animals as provided in § 500-90 and except further that fences permitted for commercial and industrial uses may be topped by a barbed wire protective barrier. Moreover, notwithstanding any other provisions of this section, retaining walls which are less than four feet in height, part of a larger project certified by an engineer, or on a site plan approved by the Township Engineer do not require a separate zoning or building permit application. Retaining walls which are four feet or over in height require both a zoning and building permit application. Any Township review of the submitted request shall consider the safety and aesthetic aspects of the proposed retaining wall.
B. 
On any lot in any residential district, the maximum permitted height of a wall or fence is four feet in front yard areas and six feet in side or rear yard areas except:
(1) 
A private, below-ground residential swimming pool area shall be surrounded by a fence at least four feet, but no more than six feet, in height. Swimming pool areas shall be located in rear or side areas only. See § 500-86 for additional standards.
(2) 
Corner lots may install a fence up to six feet in height on the secondary street frontage, provided sight distance is not obstructed.
(3) 
A tennis court area, located in rear yard areas only, may be surrounded by a nonopaque fence, a maximum of 15 feet in height. The fence shall be set back from any lot line the distances required for accessory buildings in the zoning district as specified.
(4) 
Buffer areas shall meet the requirements specified in this chapter.
(5) 
Off-street parking, loading, and driveway areas shall meet the requirements specified in § 500-73.
(6) 
Where necessary for the keeping of farm animals as provided for in § 500-90.
C. 
On any lot in any nonresidential district, no wall or fence shall be erected or altered so that the wall or fence shall be over three feet in height in the front yard areas and six feet in height in side and rear yard areas.
D. 
Sight triangle easements shall be required at intersections, in addition to the specified right-of-way width, in which no grading, planting or structure shall be erected or maintained except for street signs, fire hydrants, and light standards. The "sight triangle" shall be defined as that area outside of the street right-of-way which is bounded by the intersecting street lines and the straight line connecting "sight points," one each located on the two intersecting street center lines; arterial streets at 300 feet; collector streets at 200 feet; and local streets at 90 feet. Where the intersecting streets are both arterials, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the "sight point" noted above with a "sight point" 90 feet on the intersecting street. Such easement dedication shall be expressed on the site plans as follows: "Sight triangle deeded for the purposes provided for and expressed in the Land Development Ordinance."
E. 
In all zone districts, any walls must be located at least one foot from any property line. Walls are prohibited from being placed within any right-of-way.
A. 
Streetlighting of a type supplied by the utility and of a type and number approved by the Township Engineer shall be provided for all street intersections and along all arterial, collector, and local streets and anywhere else deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for streetlighting.
B. 
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment, or other similar uses, having common off-street parking and/or loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated, shall average a minimum of 0.5 footcandle over the entire area, and shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source, spaced a distance not to exceed five times the mounting height. Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety, and overhead sky glow. The objective of these specifications shall be to minimize off-premises effects. No lights shall shine into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding, and similar characteristics shall be subject to site plan approval.
A. 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
B. 
Each lot shall front upon a street and be capable of providing safe access to and from any uses situated thereon.
C. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.
D. 
Where there is a question as to the suitability of a lot or lots for their intended use, due to factors such as poor drainage conditions or flood conditions, percolation tests or test borings, indicating the ground conditions are inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Board, after adequate investigation, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter such reasons in the minutes.
E. 
Monuments shall be installed for all newly created lots in compliance with the requirements of N.J.S.A. 46:23-9.11. All lot corners shall be marked with a metal alloy pin of permanent character.
A. 
Natural features such as trees, hilltops and views, natural terrain, open waters, trails, stream corridors, and natural drainage lines shall be preserved whenever possible in designing any development containing such features.
B. 
No topsoil shall be removed from areas intended for lawn or open space. Topsoil moved during the course of construction shall be redistributed so as to provide sufficient cover to all such areas, which shall be stabilized by the approved seeding and/or planting.
C. 
A conscious effort shall be made to preserve existing trees and shrubs on the site. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case, those lots shall be replanted with trees. All newly planted shade trees shall be nursery-grown stock not less than 2 1/2 inches in diameter, planted and staked in a manner approved by the Planning and Building Department. Trees shall be of the following species: willow oak, red oak, scarlet oak, pin oak, ginkgo (male only), Japanese pagoda tree, thornless sunburst honey locust, Norway maple, Norway red, and columnar maple. All trees not surviving after one growing season shall be replaced by the developer. Other species may be proposed in writing to the Planning Board for its approval. In any case, a sufficient number of shade trees shall be provided and planted to insure a minimum of eight trees per acre of lot area.
D. 
The building designs shall attempt to work with the existing conditions (topography, rock outcroppings, etc.) rather than alter them, to minimize the impacts of development.
E. 
All residential subdivisions for the creation of new building lots shall, in addition to this section, also comply with the land disturbance criteria as set forth in § 470-14C, Land disturbance criteria. Any lot adjustments made to comply with the provisions of this section of this chapter that do not reduce the minimum required lot size will be reviewed through a waiver process.
F. 
Critical areas. Certain areas of the Township exhibit various environmental and physical constraints such as steep topography, floodplains, wetlands, rock outcrop areas, etc. Development of these areas would have a severe and negative impact upon the land and water quality within the Township.
(1) 
Limitations on development. Development of structures or buildings on designated critical areas shall be limited according to the schedule of limitations set forth in Subsection F(3) below. Roads and driveways may be constructed across streams and floodplains, providing no viable alternate exists and providing appropriate local, state, and federal approvals are obtained. Critical areas may be utilized for computing gross densities. However, a minimum of 25% (maximum one acre) of the total lot area or 20,000 square feet, whichever is greater, must be of contiguous not-critical areas for the construction of the unit. Further, the associated limit of construction around each unit shall not exceed 25% of the lot area or 20,000 square feet, whichever is greater. This will be reviewed on a lot-to-lot basis at the time of subdivision and may require reconfiguration of the development and/or a reduction in the number of lots. Nothing herein contained, however, shall be construed to prohibit the use of any wetland or floodplain for farming, grazing, plant nurseries, horticulture, truck farming, forestry, wild crop harvesting, open recreation uses, hunting and fishing, providing such uses are permitted in the zone in which the premises is located.
(2) 
Exceptions.
(a) 
Development limitations shall not apply to the following development applications:
[1] 
A single-family detached dwelling on existing lots of record.
[2] 
Minor subdivisions that will not result in the creation of any new building lots.
[3] 
Agricultural and silvaculture operations, providing plans have been approved by the Soil Conservation District and the New Jersey Division of Forestry, respectively.
[4] 
All changes in occupancy in commercial or industrial zones, providing there is no expansion of structures or increase in paved areas.
(b) 
In review of development applications, the Planning Board or Board of Adjustment shall be guided by the schedule of limitations set forth in Subsection F(3) below.
(3) 
Schedule of Limitations on Development. For all development not specifically excepted, the developer shall designate all critical areas on the site. Development on the designated critical areas shall be limited as follows:
Critical Area
Source
Percent Limit
Lakes and ponds
U.S. Geological Survey Maps, Aerial Photos, Master Plan, Natural Resources Inventory
100%
Wetlands
National Wetlands Inventory U.S. Department of Agriculture 1979, delineated and regulated as per N.J. Department of Environmental Protection Wetlands Regulations
100%
Floodplains
Federal Emergency Management Agency Flood Insurance Study
100%
Steep slopes
Greater than 35%
100%
Streams
As defined in § 420-6, a buffer of 80 feet each side of a waterway (measured from the top of the bank) or the limits of the floodplain, whichever is greater
100%
A. 
Lots.
(1) 
Isolated lots. Any existing lot conforming to the standards of the Zoning Ordinance adopted on May 7, 1969, may have constructed upon it a new dwelling or may have additions to an existing dwelling and/or construction of an accessory building without an appeal for variance relief, provided the existing uses on the lot conform to the permitted use stipulated in this chapter for the lot in question.
(2) 
Contiguous lots. Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operations of law, and one or more of the individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform to the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of the owner shall be considered as a single lot. The exception to this requirement shall be any lot which meets all of the following criteria:
(a) 
Either:
[1] 
The lot(s) were created by virtue of subdivision approval by the Township; or
[2] 
That those lots were previously shown as separate lots on the Tax Map of the Township of West Milford; and
(b) 
That those lots comply with the standards of the Township Zoning Ordinance adopted May 7, 1969; and
(c) 
That the owner has obtained a zoning permit indicating that all involved lots comply with this chapter.
(3) 
Whenever the owner of a lot, existing at the time of adoption of this chapter, has dedicated or conveyed land to the Township in order to meet the minimum street width requirements of the Official Map or Master Plan of the Township, the Construction Official shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
(4) 
Any lot not conforming to the present zoning regulations and being developed pursuant to this chapter shall be subject to the May 7, 1969, zoning standards, including the standards for maximum lot coverage, except that the following building coverage limitations shall not be exceeded:
[Amended 10-4-2023 by Ord. No. 2023-024]
Present Zone
Principal Building
(square feet)
Accessory Building
(square feet)
LR
2,000
3,000
R-1
4,356
3,000
R-2
8,712
3,000
R-3
13,068
3,000
R-4
17,424
3,000
(5) 
Whenever two or more contiguous lots are merged or are being merged to create one building lot and one or more of the lots meet the standards of the Zoning Ordinance adopted on May 7, 1969, the new merged lot shall be considered a conforming lot and subject to the criteria in Subsection A(1) through (4) of this section.
[Added 9-15-1999 by Ord. No. 1999-29]
B. 
Structures.
[Added 10-4-2023 by Ord. No. 2023-025]
(1) 
A preexisting structure which is nonconforming with the standards of this Code may be continued, maintained, remodeled, or reconstructed, provided that the new construction does not further intrude into the required setbacks. Vertical construction within the existing setback encroachment is permitted. New construction or related activity shall not be considered further intruding into a required setback so long as the footprint of the structure lying within the setback is not increased by more than 500 square feet and meets the following standards:
(a) 
The addition is aligned parallel with the existing building footprint to connect at a perpendicular point with the intent of squaring off the structure.
(b) 
No portion of the structure is located closer to the property lines than the original footprint of the structure.
A. 
In all nonresidential zones where any building or structure is erected, enlarged or increased in capacity, there shall be provided off-street parking for automotive, bicycle and other vehicles and off-street loading facilities in accordance with the requirements set forth herein as well as the parking space requirements for the handicapped contained in N.J.S.A. 52:32-11 et seq. All required parking and loading facilities shall be paved with an all-weather impervious surface and shall be completed prior to the issuance of a certificate of occupancy.
B. 
Required parking spaces or loading berths may not be located on streets, access aisles, or driveways. No areas specifically intended for loading use may be located between the front building line and the street line unless otherwise specified in other sections of this chapter.
C. 
All required parking spaces shall be on the same lot or tract of land as the building or use to which they are accessory, unless the Planning Board, as part of the site plan review, shall approve collective off-street parking facilities for two or more buildings or uses on contiguous lots. The total number of spaces in such collective off-street parking facilities shall be not less than the sum of the spaces required for the individual uses, computed separately. Such approval shall be granted only subject to the submission of appropriate deed restrictions, acceptable to the Planning Board Attorney, guaranteeing the availability of such facilities throughout the life of the buildings or uses to which they are proposed to be accessory.
D. 
Where it can be demonstrated, at the time of Planning Board review, that the parking or loading area requirements of this chapter are in excess of actual needs, the Planning Board may permit a portion of the proposed parking or loading areas to be appropriately graded and landscaped, but left unpaved. If, following construction, the experience with the actual operation of the proposed use should show the need for additional off-street parking or loading, the Planning Board may require such unpaved space to be paved upon recommendation of the Planning Director and Township Engineer.
E. 
Every public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All paved areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, bicycle parking devices, landscaping and other improvements shall be maintained in workable, safe and good condition. Further, the Township Council may authorize repairs for such improvements if, after proper notice, the owner fails to maintain any improvements that are governed by a development of other similar agreement or if said body finds that the resulting conditions constitute a public health and safety hazard.
F. 
Landscaping.
(1) 
Except for detached dwelling units, a screen planting of appropriate plant material not less than four feet in height shall be provided between the off-street parking areas and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line is greater than 150 feet.
(2) 
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential districts or uses and the front yards of adjacent commercial and industrial uses. Such screening shall be an extension of a building, a fence, wall, planting, or combination thereof and shall not be less than four feet in height.
(3) 
Each off-street parking area shall have a minimum area equivalent to one parking space every 20 parking spaces landscaped, with 1/2 such spaces having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such landscaped spaces shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility and shall not be construed as meeting the requirements for buffers or screening as specified in this chapter.
(4) 
All landscaping in parking areas shall be carefully located so as not to obstruct vision. The landscaping shall include at least one tree for each 10 parking spaces, and the trees shall be appropriately grouped. In narrow islands, low spreading plants, such as creeping juniper, English ivy, myrtle or pachysandra, are appropriate.
(5) 
All parking lots with a capacity of 60 or more vehicles shall be designed to include pedestrian walkways throughout the lots. They shall be raised at least six inches above the parking area and shall be protected by permanent and durable curbing so as to assure a minimum width of four feet free of car overhangs.
G. 
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 500-69.
A. 
All parking and loading areas and access drives shall be paved as outlined below or the equivalent, as determined by the Township Engineer and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained and curbed with Belgian block or granite curbing.
B. 
Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base course or plant-mixed bituminous, stabilized base course, constructed in one layer and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Roads and Bridge Construction (1961) and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (MABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications and amendments thereto.
C. 
Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous, stabilized base course, prepared and constructed in accordance Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications and amendments thereto.
D. 
Where subbase conditions of proposed parking and loading areas are wet, springy, or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbases shall be made in the following manner: The areas shall be excavated to a depth of six to 12 inches below the proposed finished grade and filled with suitable subbase material as determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe or PVC subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material, as described heretofore, shall be spread thereon.
A. 
Car parking standards. All required car parking spaces shall be laid out and located in accordance with the following standards set forth below. Compact car spaces may be permitted by the Planning Board only where the total number of spaces proposed to be provided exceeds 50 and shall not exceed 30% of the total number required. If permitted, compact car parking spaces shall be clearly identified by marking the pavement with the letter "C" and shall be grouped in one or more locations rather than dispersed throughout the site.
(1) 
Standard car spaces.
(a) 
Dimensional requirements shall be as follows:
Aisle Width
Space
(angle)
Width
(feet)
Depth
(feet)
One-Way
(feet)
Two-Way
(feet)
90
9
18
20
25
60
9
18
18
25
45
9
18
13
25
30
9
18
13
25
Parallel
9
18
12
25
Handicapped
12
18
(b) 
A space which abuts a fixed object, such as a wall or column, whether within a structure or not, shall have a minimum width of 10 feet.
(2) 
Compact car spaces.
(a) 
Dimensional requirements shall be as follows:
Aisle Width
Space
(angle)
Width
(feet)
Depth
(feet)
One-Way
(feet)
Two-Way
(feet)
90
8
15
20
25
60
8
15
18
25
45
8
15
13
25
30
8
16
13
25
Parallel
8
16.5
12
25
(b) 
A space which abuts a fixed object, such as a wall or column, whether within a structure or not, shall have a minimum width of nine feet.
B. 
All parking spaces shall be identified by means of four-inch painted lines. Where possible, areas should be separated from roads or aisles by islands with a minimum width of 10 feet.
C. 
Types of vehicles.
(1) 
The parking of automobiles and trucks with a factory rating of one ton or less and with a nine-foot or smaller bed which shall include pickups, vans, and similar vehicles that are used for personal or commercial activities shall be permitted in any zone. The parking of trucks with a factory rating of more than one ton shall be prohibited in all residential zones, except as set forth hereafter and when garaged.
(2) 
Trucks with a factory rating of more than one ton shall include, but not be limited to, such vehicles as dump trucks, rack body trucks, flatbed trucks, mason dump trucks, tank trucks, tractor trailers and step side trucks, and trucks that are generally used for commercial activities. The parking of trucks with a factory rating of more than one ton shall be permitted on all commercial and industrial lots and those residential lots that have an established nonconforming use, provided they are used in connection with a business activity on the lot upon which they are located.
(3) 
Contractor's equipment shall include, but not be limited to, such vehicles as backhoes, front end loaders, bulldozers, and cranes. The parking of contractor's equipment shall not be permitted on any residential lot, except when such equipment is, in the opinion of the Construction Official, used in connection with a construction project on that lot.
A. 
Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 65 feet apart, shall handle no more than two lanes of traffic, be at least 20 feet from any property line, and shall be set back from the point of tangency of the existing or proposed curb or pavement radius of any corner of any intersecting street at least 50 feet, or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet. Driveway design shall give due consideration to the proposed width, curbing, direction of traffic flow, radii of curves, and method of dividing traffic lanes. Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.
B. 
Any exit driveway lane shall be located and designed, in profile and grading, so as to provide the following minimum sight distance measured in each direction from the driver's seat of a vehicle touching the street line:
Permitted Road Speed
(mph)
Required Sight Distance
(feet)
25
150
30
200
35
250
40
300
45
350
50
400
C. 
A change in the speed regulations shall not affect a building or use for which a construction or land use permit has been issued.
D. 
No driveway shall have a grade which exceeds 5% within 50 feet of the street line and 10% overall.
E. 
Each driveway shall, as much as practicable, design driveways so that they are 90 degrees to the adjacent road.
F. 
Upon the determination of the Township Engineer, acceleration and/or deceleration lanes shall be provided and designed in accordance with design criteria established by the American Association of State Highway and Transportation Officials Standards Manuals.
G. 
Residential driveways on arterial or collector roads shall be provided with on-site turnarounds to prevent vehicle backing onto the roadway. The Township Engineer may require on-site turnarounds to be provided on local roads in order to promote safe and efficient access.
H. 
Residential driveways being proposed through subdivision of lands shall as much as practical utilize joint driveways to the public road system.
An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as the documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any use of any structure.
A. 
Electrical and/or electronic devices. All electrical or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products as defined in U.S. Department of Health and Welfare Publication No. (FDA) 75-8003 shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedure and standards set forth in the U.S. Department of Health and Welfare Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100 KHz and 10 GHz shall be restricted to the technical limits established in the Federal Communications Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line, or beyond the operator's dwelling unit in the case of multifamily dwellings, as a result of the operation of such equipment.
B. 
Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light, or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light, or reflection shall not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts, or streets.
C. 
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any body of water.
D. 
Noise.[1]
(1) 
Noise levels shall be designed and operated in accordance with local regulations and those rules established by the New Jersey State Department of Environmental Protection, as they are adopted and amended.
(2) 
Measurements shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard S 1.4 1961 or the latest revision thereof and S 2.22 or the latest revision. All measurements shall be made in at least eight frequency bands.
(3) 
Ambient noise levels shall be made between the hours of 8:00 a.m. and 11:00 p.m. for periods of at least one hour and on three separate occasions during the period when the proposed use shall be operated.
(4) 
The permitted noise level of the proposed use, measured at the property line, shall not exceed the ambient noise levels in each frequency band.
(5) 
The maximum continuous airborne sound set forth in Title 7, Chapter 29, of the New Jersey Administrative Code shall not be exceeded. Where standards are established and are more restrictive than contained in this chapter, the more restrictive standards shall be applicable.
[1]
Editor's Note: See also Ch. 226, Noise.
E. 
Noxious odors. Odors due to nonagricultural operations shall not be discernible at the lot line or beyond. Further, no open burning shall be permitted in any zone.
F. 
Storage and waste disposal.
(1) 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. This provision shall not apply to properly designated, constructed, and maintained composting operations.[2]
[2]
Editor's Note: See also Ch. 321, Solid Waste; Recycling.
(2) 
No liquid waste shall be discharged into the public sewage collection and disposal system unless the West Milford Municipal Utilities Authority shall have first investigated the character and volume of such wastes and shall have certified that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other method of improving such wastes prior to discharge, as a condition of approval of such facilities.[3]
[3]
Editor's Note: See also Ch. 300, Sewers.
G. 
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. No air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or equipped with baffles to deflect discharged air away from the adjacent use.
H. 
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot.
I. 
Air pollution.[4]
(1) 
No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property, or which will interfere reasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of Title 7, Chapter 27 of the New Jersey Administrative Code, or the regulations contained this section, whichever shall be the more stringent, shall apply.
(2) 
In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the clearing of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes. Smoke emissions from the combustion of fuel in mobile sources and from stationary internal combustion engines shall not exceed the limits set forth in Title 7, Chapter 27 of the New Jersey Administrative Code.
[4]
Editor's Note: See also Ch. 57, Air Pollution.
J. 
No residential dwelling shall be located within 100 feet of the right-of-way of a high-tension electric power line. The lot size for a residential use shall be increased if the Planning Board finds that the area within the one-hundred-foot distance constrains the lot so that inadequate outdoor living space results from the location of the high-tension line right-of-way.
Unless otherwise defined in this chapter, no more than one dwelling unit or principal building shall be permitted on one lot.
A. 
Underground installation. All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, then on file with the State of New Jersey Board of Public Utility Commissioners, and the developer shall provide the Township with four copies of a final plan showing the installed location of the utilities. The developer shall submit to the Board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this subsection; provided that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extensions of service are needed to existing buildings or new buildings in established subdivisions, industrial parks, or shopping centers, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.
B. 
Easements. In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or Township departments concerned, and to their fullest extent possible, be centered on, or adjacent to, rear or side lot lines. Easement dedication shall be expressed in the plan.
A. 
If a public treatment and collection system is accessible or planned, the developer shall construct facilities in such a manner as to make adequate sewage treatment available to each lot and structure within the development from the treatment and collection system.
B. 
Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Department of Health and Senior Services or Township ordinances enforced by the Township Health Department, whichever is more restrictive, and shall be subject to approval by the Township Health Department.
C. 
Where central water facilities are accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure.
D. 
Where no central water facilities are accessible, water shall be furnished on an individual lot basis. Well installation, sealing, and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements, N.J.S.A. 58:11-23 et seq., as amended.
[1]
Editor's Note: See also Ch. 300, Sewers; Ch. 390, Water; and Ch. 399, Well Capping.
A. 
All developments shall be served by paved public streets with an adequate crown. The arrangement of streets not shown on the Township Master Plan or Official Map, as adopted by the Township Council, shall be such as to provide for the appropriate extension of existing streets and should conform to the topography as far as practicable.
B. 
When a new development adjoins land susceptible to being subdivided, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets.
C. 
Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic.
D. 
In the event that a development adjoins or includes existing streets that do not conform to widths as shown on the adopted Master Plan and/or Official Map or the street width requirements of this chapter, additional land along either or both sides of the street sufficient to conform to the right-of-way requirements may be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. If the development is along one side only, 1/2 of the required extra width shall be dedicated. Additionally, that portion of the existing street or road adjoining or included within a site plan or major subdivision shall be improved, including excavation, grading, base courses and surfacing in accordance with the road improvement standards of this chapter.
E. 
In all developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule.
Arterial
(feet)
Collector
(feet)
Local
(feet)
Right-of-way width
66
60
50
Dedicated right-of-way
60
50
50
Reserved right-of-way
6
10
—
Cartway
46
40
30*
*NOTE: Varies for single-family residential development (see below).
F. 
Cartway width for local roads.
(1) 
The following road widths and improvements shall be required in conjunction with single-family development within specific zoning districts:
Zone
Pavement Width
(feet)
Curbs
Drainage
R-4
20
No
No
R-3
24
No
No
R-2
24
No
Yes
R-1
24
Yes
Yes
Any higher density
30
Yes
Yes
New private roads
20 to 30
Yes
Yes
(2) 
For cluster developments, the road standards for the higher density must be utilized so that, for example, a cluster development in the R-4 Zone shall use the R-2 road standards.
G. 
Grades on all streets shall not exceed 10%. No street shall have less than a minimum grade of 1/2%.
H. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60 degrees; approaches to all intersections shall follow a straight line for at least 100 feet. No more than two streets shall meet or intersect at any one point, and the center lines of both intersecting streets shall pass through a common point. Measuring from this common point, two intersections shall be spaced a sufficient distance to permit a minimum of two lots between the two street rights-of-way or 300 feet, whichever is more.
I. 
Any development abutting an existing street classified as an arterial or collector shall be permitted only one new street connecting with the same side of the existing street, except where the frontage is sufficient. More than one street may intersect the arterial or collector street, provided the streets shall not intersect with the same side of the existing street at intervals of less than 800 feet. The block corners at intersections shall be rounded at the curbline with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines:
(1) 
Arterials: 40 feet;
(2) 
Collectors: 35 feet; and
(3) 
Local streets: 30 feet.
J. 
A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to current AASHTO standards so that the minimum sight distance within the right-of-way shall be 350 feet for local streets, 500 feet for a collector street and 800 feet for an arterial street.
K. 
Culs-de-sac of a permanent nature, where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible, or of a temporary nature, where provision is made for the future extension of the street to the boundary line of adjoining property, shall be no more than 750 feet in length and shall provide a turnaround at the end with a radius of 50 feet on the curbline plus a utility and planting strip width of 10 feet around the entire cul-de-sac. The center point for the radius shall be on the center line of the associated street, or if offset, offset to a point where the radius becomes tangent to the right curbline of the associated street. Culs-de-sac may, however, be up to 1,200 feet in length for conventional development in the R-4 Zone.
L. 
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections. The Board shall reserve the right to approve or name streets within a proposed development.
M. 
In all residential zones, all major subdivisions bounded by any existing or proposed arterial street shall control access to such streets by having all driveways intersect marginal service streets, parallel streets or streets intersecting the arterial street.
N. 
Contiguous open driveways in excess of 15 feet wide shall be prohibited. Moreover, any use providing direct driveway access to an arterial street, as indicated on the Master Plan, shall include a turnaround area on-site.
O. 
Sight triangles. At all street corners, the areas bounded by the right-of way lines and a straight line connecting sight points on street center lines which are the following distances from the intersection of the center lines shall be dedicated as sight triangles:
(1) 
Where a local street intersects a local street: 90 feet.
(2) 
Where a local street intersects a collector street: 90 feet on the minor and 200 feet on the collector.
(3) 
Where a local street or a collector street intersects an arterial street: 90 feet on the local or collector and 300 feet on the arterial.
P. 
No fences or any other obstruction nor any planting exceeding 24 inches in height as measured above the elevation of the center line of the road may be placed in any such sight triangle.
Q. 
The Planning Board may require street widening or other street improvements on arterials and collectors, including acceleration and deceleration lanes and curbing, to assure safe ingress and egress to the adjoining property.
R. 
The approval of any map of land delineating streets by the Township Council shall in no way be construed as an acceptance of any street indicated thereon.
[1]
Editor's Note: See also Ch. 332, Streets and Sidewalks.
A. 
The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Township, County or State Engineers when the paving concerns roads under their jurisdiction and where such standards exist.
B. 
Streets under the jurisdiction of the Township having rights-of-way widths in excess of 50 feet shall be designed and paved as specifically approved by the Township Engineer. Streets having a fifty-foot right-of-way width shall be paved with a seven-and-one-half-inch bituminous concrete pavement and be constructed according to the following specifications:
(1) 
All topsoil shall be stripped from the proposed subgrade. The subgrade when completed shall be true to the lines, grades and cross sections given on an approved plan or as directed by the Township Engineer. After the subgrade has been shaped correctly, it shall be brought to a firm, unyielding surface by rolling the entire area with a three-wheel power roller weighing not less than 10 tons. All soft and spongy places shall be excavated and refilled solidly with subbase consisting of broken stone, broken slag, gravel, suitable earth, or sand, as directed by the Township Engineer. All evident loose rock or boulders shall be removed or broken off 15 inches below the subgrade surface. All stumps shall be removed in their entirety. This shall be done before completing the rolling of the entire surface of the subgrade. No fill material shall be spread or rolled while the ground is frozen or thawing, or during unfavorable weather conditions. Where work is interrupted by heavy rain, full operations shall not be resumed until the moisture content of the fill is as required for 98% compaction. Subgrade shall not be prepared during freezing weather, or when frozen, or when it is stable due to excessive moisture.
(2) 
Four-inch macadam base course materials, the aggregate shall be two-and-one-half-inch size.
(3) 
No stone shall be laid in the subgrade until the subgrade has been thoroughly inspected by the Township Engineer and approved by him.
(4) 
Macadam foundation course shall be constructed of two-and-one-half-inch crushed stone rolled to a minimum thickness of four inches. The rolling shall begin at the sides and progress to the center, parallel with the center line of the road. After the stone has been properly rolled, stone dust shall be spread over the surface and worked into the voids. The dust shall be applied in thin layers with intermittent rolling between each application. After completion of the rolling, the entire base surface shall be broomed and swept so no surplus stone dust remains on the surface. The faces of two-and-one-half-inch stones shall show clean and clear. Spots that have become loose, reveled or rutted shall be repaired and rerolled to the satisfaction of the Township Engineer.
(5) 
The macadam foundation shall not be constructed more than two weeks prior to the time that the bituminous surface is to be applied. The contractor or developer shall repair any foundation defects to the satisfaction of the Township Engineer if the construction procedure is otherwise.
(6) 
All work with bituminous materials shall take place only when the atmosphere temperature is above 50 degrees Fahrenheit, and has remained above 40 degrees Fahrenheit for the preceding eight hours, and when the weather conditions are otherwise favorable in the opinion of the Township Engineer. All hot bituminous concrete mixtures shall be spread by a bituminous concrete paver which shall be self-contained, power-propelled, provided with an activated screened or strike-off assembly, and shall meet the requirements as specified therefore in Article 3.10.3 of the New Jersey Highway Department Standard Specifications 1961. No bitumen or bituminous concrete shall be spread unless the Township Engineer is present.
(7) 
Two-inch bituminous concrete bottom course, mix No. 2 materials, the large aggregate shall be one-inch size.
(8) 
Bituminous binder shall be asphalt cement, penetration grade 85-100.
(9) 
The bottom course shall be constructed on a base course which shall be dry, clean and free from frost and loose or adhering foreign materials, properly finished at the time the bottom course is placed thereon, and when weather conditions are suitable in the opinion of the Township Engineer.
(10) 
A prime coat of MC-30 applied at a rate of 0.5 gallon S.Y. shall then be placed and allowed to cure. The final compacted thickness shall not be less than two inches. The hot bituminous mixture shall be spread and struck off so as to obtain, after compaction, the grade and crown shown on the plans or adjustments thereof made or ordered by the Township Engineer. On areas where irregularities or unavoidable obstacles make the use of self-powered spreading and finishing equipment impracticable, in the judgment of the Township Engineer, the mixture may be spread and raked by hand. On such areas, the mixture shall be dumped on steel dump boards and spread and raked to give the thickness of material required.
(11) 
One-and-one-half-inch bituminous concrete surface course, mix five materials bituminous materials, shall be asphalt cement, penetration grade 85-100.
(12) 
Coarse aggregate, shall be broken stone of three-eighths-inch size.
(13) 
Fine aggregate shall conform to the requirements specified therefore in Article 8.5.12 of the New Jersey State Highway Department Standard Specification 1961.
(14) 
The mixture shall be laid only upon a base which is dry, and when the weather conditions are suitable in the opinion of the Township Engineer. The mixture shall be spread and struck off so as to obtain, after compaction, the grade and crown shown on the plans or adjustments thereof made or ordered by the Township Engineer. On areas where irregularities or unavoidable obstacles make the use of self-powered spreading and finishing equipment impracticable, in the judgment of the Township Engineer, the mixture may be spread and raked by hand. On such areas, the mixture shall be dumped on steel dump boards and spread and raked to give the thickness of material required.
(15) 
After the mixture has been properly spread, initial compaction shall be obtained by rolling with a three-wheel power-driven roller having a load of not less than 330 pounds per inch of width of rear wheel and a total metal weight of not less than 10 tons. Subsequent rolling shall be done with a two-axle tandem roller which shall be power-driven and shall have a load of not less than 250 pounds per inch of width of tread of drive roll and shall have a total metal weight of not less than eight tons.
C. 
Notwithstanding any other provision of this chapter, all streets in the Limited Manufacturing and Industrial Zone shall have a minimum cartway width of 40 feet and shall be constructed according to the following specifications:
(1) 
Rolling shall begin at the sides and progress gradually to the center, until the entire surface has been rolled by the rear wheels. If the width of the surface course permits, it shall be subjected to a diagonal rolling in two directions, the second diagonal rolling crossing the lines of the first. Rolling shall be continued until all roller marks are eliminated and the finished surface meets the requirements specified under surface requirement of the standard specifications. Along curbs and at other places not accessible to the roller, the mixture shall be thoroughly compacted with hot hand or mechanical tampers, and smoothing irons which shall be suitable to the Township Engineer. Any pavement that becomes loose and broken or mixed with dirt, or is in any way defective shall be removed and replaced with fresh hot mixture, which shall be immediately compacted to conform to the surrounding area. Any area showing an excess of bituminous material shall have the same removed and replaced. The final compacted thickness shall not be less than 1 1/2 inches. Then and as directed by the Township Engineer or his duly authorized representative, the contractor or developer shall cut samples from the completed pavement and forward them to the Township Engineer. The areas of pavement so removed shall be replaced with new mixtures and refinished.
(2) 
Roads shall have a parabolic cross section with a differential of six inches from center line to curb.
(3) 
All rolling shall be done with a three-wheel power-driven roller having a total weight of not less than 10 tons and a weight on the rear rolls of not less than 300 pounds per inch of width of roll, unless otherwise specified.
(4) 
Aggregates and screenings shall be prepared from trap rock, granite or dolomite conforming to requirements thereof as specified in Articles 8.5.4, 8.5.5, 8.5.7 as applicable of the New Jersey State Highway Department Standards Specifications 1961. Bituminous material shall conform to Article 8.1.2 of such Specifications, and bituminous wearing surfaces shall be in accordance with Section 10 of such Specifications.
(5) 
The roadbed shall be covered with layers not over six inches in thickness of Type 2, Class B, soil aggregate, New Jersey Department of Transportation Specifications, and each layer shall be compacted with sheepsfoot or rubber tired roller of at least ten-ton weight to a final thickness of not less than 15 inches. A macadam base course, eight inches compacted thickness of two-and-one-half-inch stone, dust bound, may be substituted in lieu of the gravel base course. The top shall then be raked. All stones over three inches in size shall be removed and then shall be graded to a crown of not less than three inches nor more than six inches per 10 feet of width. After the road has been properly graded, 0.3 to 0.5 gallons of RC-70 shall be applied, then covered at least 15, but not more than 30, pounds per square yard of three-eighths-inch washed gravel or crushed stone; the entire surface shall be rolled with a roller of a minimum weight of five tons until thoroughly compacted. After penetration oil has been properly cured, then not less than a week nor more than 90 days thereafter the road shall be covered with a two-inch, compacted in place, bituminous surface course, mix 5 or mix 6.
D. 
Curbs. Belgian block, and granite, or concrete curbing shall be installed as required by the Board within all subdivisions, and site plans and at intersections with existing Township, county or state roads and these shall be laid in a manner approved by the Township Engineer.
(1) 
Belgian block and granite. The construction detail shall be as specified on plans available in the Township Engineer's office. Stones used for secondary and primary local roads shall not be less than 10 inches in height and shall be constructed to show a vertical face above the roadway pavement of six inches. Stones used for Township collector and arterial roads shall not be less than 12 inches in height and shall be constructed to show a vertical face above the roadway pavement of eight inches.
(2) 
Concrete. If concrete, the curbing shall meet the following specifications:
(a) 
The concrete to be used for curbs shall be Class B concrete as specified in the New Jersey State Highway Specifications for Curbs and Gutters.
(b) 
Expansion joints shall be provided at intervals of 20 feet and shall be sealed as specified by the Township Engineer.
(c) 
Openings for driveway access shall be in such widths as shall be determined by the Township Engineer, but in no case more than 15 feet at the edge of the pavement. The curb at such driveway openings shall be depressed to the extent that 1 1/2 inches extend above the finished pavement. The rear top corner of this curb shall have a radius of 1/4 inch, and the front top corner shall have a radius of 1 1/2 inches.
(d) 
Concrete curbs for state highways, and as required by the Township Engineer on local roads, shall be eight inches wide at their base and not less than six inches wide at their top. Their height shall not be less than 18 inches and be constructed to show a vertical face above the roadway pavement of seven inches. The rear top corner of this curb shall have a radius of 1/4 inch, and the front top corner shall have a radius of 1 1/2 inches.
A. 
Sidewalks shall be required on both sides of all streets serving an arterial or collector function as stipulated in the adopted Township Master Plan and/or Official Map of the Township and on local residential streets as required by the Board. Sidewalks in nonresidential developments shall be required, at the Board's discretion, depending upon the probable volume of pedestrian traffic, the development's location in relation to other populated areas, and the general type of improvement intended. Brick pavers in conjunction with the Town Center Plan shall be required.
B. 
Where required, sidewalks shall be at least four feet wide and located as approved by the Board. Sidewalks shall be concrete or an equivalent approved by the Board and shall be constructed in accordance with Division 5 of the specifications of the New Jersey State Highway Department.
[1]
Editor's Note: See also Ch. 332, Streets and Sidewalks.
A. 
Planting.
(1) 
Trees shall be planted along the public right-of-way varying by tree type every 50 feet.
(2) 
Trees shall be a minimum of 10 feet in height and a minimum of 50 to 75 feet apart.
(3) 
Each tree shall have a minimum caliper of 3 1/2 inches measured two feet above the ground.
B. 
All trees shall be nursery-grown stock and shall have a root ball wrapped in burlap, with a replacement guarantee by the developer for two years.
A soil erosion and sediment control plan shall be prepared by a licensed New Jersey professional engineer in accordance with specifications for soil erosion and sediment control of the Hudson, Essex and Passaic Soil Conservation District. The soil erosion and sediment control plan shall be submitted to the District for certification pursuant to N.J.S.A. 4:24-39 et seq. The Planning Board shall not give approval to the preliminary application until receipt of the certification.
[1]
Editor's Note: See also Ch. 460, Soil Removal and Soil Fill.
A. 
No private residential pool shall be constructed or installed on any lot unless the lot contains a residence building. Such pool shall be located in the rear or side yard areas only, shall occupy no more than 75% of the yard area in which it is located and shall not be located within 10 feet of the property line nor within 10 feet of any building on the site.
B. 
A private, below-ground residential swimming pool area shall be surrounded by a suitable fence with a self-latching gate at least four feet but no more than six feet in height.
[Amended 8-15-2022 by Ord. No. 2022-037]
C. 
A private, aboveground residential swimming pool shall require a latched ladder.
[Added 8-15-2022 by Ord. No. 2022-037[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection C as Subsection D, respectively.
D. 
All swimming pools shall meet the appropriate design standards as set forth by the National Swimming Pool Institute and requirements of the Uniform Construction Code.
[Amended 8-15-2022 by Ord. No. 2022-037]
No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.
A. 
It is hereby declared that the use of Greenwood Lake for the purpose of the landing, and takeoff, of seaplanes or the establishment of commercial aviation facilities or seaplane bases on land surrounding Greenwood Lake is contrary to the chief use and general purpose of Greenwood Lake as to public recreational resource. It is hereby further declared that such seaplane operations are deemed to be potentially dangerous to the safety and welfare of the majority of persons who use Greenwood Lake for various recreational activities in the nature of boating, fishing, swimming, water skiing and other similar sports.
B. 
In those zoning districts surrounding and encompassing Greenwood Lake, the use of the waters of Greenwood Lake for the purpose of accommodating the landing and takeoff of seaplanes or the establishment of any commercial aviation facility or seaplane base is specifically prohibited.
C. 
The provisions of this section shall not affect:
(1) 
The operation of Greenwood Lake Airport (formerly known as "Nairobi Airport");
(2) 
The forest fire seaplane patrols authorized and conducted by the New Jersey Department of Environmental Protection or any successor thereto; or
(3) 
Seaplane operations in actual distress or emergency conditions.
D. 
Any person, firm or corporation violating any of the provisions of this section, or any person aiding or abetting or permitting or allowing violations of any provisions of this section, shall be subject to the penalty imposed in Chapter 1, Article III, General Penalty, of the Township Code of the Township of West Milford, as amended.
A. 
It is hereby declared that the keeping, storage or abandonment of any vehicle, motor vehicles, motor-drawn vehicle, trailer, or semitrailer, not currently used for transportation, and not being licensed for the current year, or of any unused machinery or equipment upon lands within the limits of the Township, is inimical to the public welfare in that the exposure to view of such vehicle, motor vehicle, motor-drawn vehicle, trailer, semitrailer, machinery or equipment is unsightly and detrimental to the neighborhood.
B. 
No person shall keep, store, abandon or leave upon any parcel of land, street, road, alleyway or parkway in the Township any vehicle, motor vehicle, motor-drawn vehicle, trailer or semitrailer, not currently used for transportation and not being licensed for the current year, or any unused machinery or equipment. Nothing herein contained shall be deemed to prohibit the placing, keeping, storing or abandonment of any such vehicle, motor vehicle, motor-drawn vehicle, trailer or semitrailer, machinery or equipment in a garage or other building located within the Township.
C. 
Whenever it shall appear to the Construction Official of the Township of West Milford or his duly authorized and designated assistant that the presence upon any lands within the Township of any vehicle, motor vehicle, motor-drawn vehicle, trailer or semitrailer, not currently used for transportation, and not being licensed for the current year, or any unused machinery or equipment is inimical to the general welfare in that it is unsightly, the owner or tenant of any land shall be required to remove therefrom the vehicle, motor vehicle, motor-drawn vehicle, trailer or semitrailer, machinery or equipment or to place the same in a garage or other building within five days after receipt by the owner or tenant of written notice from such Construction Official of the Township of West Milford or his duly authorized and designated assistant, requiring the removal. This notice may be served personally upon the owner or tenant, or may be directed to him by certified mail.
[Amended 9-18-2013 by Ord. No. 2013-015; 2-3-2021 by Ord. No. 2021-002; 12-7-2022 by Ord. No. 2022-053; 10-4-2023 by Ord. No. 2023-027]
A. 
Notwithstanding any other provisions of this chapter, farm animals shall be housed and kept in a manner which will not constitute a public nuisance.
B. 
A minimum tract for the keeping of farm animals shall be:
(1) 
One acre for the keeping of horses. The number of horses permitted shall be determined by the size of the accessory structure(s) housing the animals, using 100 square feet of roof area per animal as the criteria for determining the number of horses permitted on the property. A minimum of 32 square feet of roof area shall be required per animal.
(2) 
One acre for the keeping of cows, sheep, pigs, goats, llamas, alpacas, ostriches, rheas, and emus. No more than one animal shall be kept per acre of lot area.
(3) 
One acre for the keeping of poultry and fowl, except as provided in Subsection B(5) of this section, except that there shall be allowed a maximum amount of 12 chicken hens allowed on lots of less than one acre. No more than 32 animals shall be kept per acre of lot area. Roosters are only permitted on lots of five acres or more.
(4) 
There shall be no minimum lot size for the keeping of rabbits. No more than 25 rabbits shall be kept on lots of one acre or less and no more than 75 rabbits shall be kept on lots of over one acre.
(5) 
The housing and keeping of all other farm animals, except those determined by the Zoning Officer to be substantially similar to one or more farm animals listed above, is prohibited.
(6) 
All poultry and livestock shelters shall be a minimum distance of 25 feet to any off-site residential structures.
C. 
No farm animals shall be kept unless they can be contained on the property of their owner or the agent of their owner.
D. 
Any use for the keeping of farm animals prior to the adoption of this chapter shall be considered nonconforming, provided that the owner registers the use with the Township Zoning Officer within 90 days of the passage of this chapter.
E. 
The provisions of this section shall not apply to farms or commercial horse stables as defined in § 420-6, Definitions.
Whenever a legally occupied dwelling has been rendered uninhabitable in the opinion of the Construction Officer by fire, flood, lightning or any other disasters, the owner of that dwelling may acquire a permit from the office of the Construction Official for temporary housing facilities such as, but not limited to, a mobile home, travel trailer or motor home. Any permit for temporary housing issued under this provision shall be valid for a period of six months from the date of issuance, and may be extended for additional 60 days if so warranted in the opinion of the Construction Official. Such housing facilities shall be placed on the same lot as the dwelling that has been rendered uninhabitable, provided the applicant acquires the following: electric service, sewage disposal hookup, potable water supply connection, and the installation of an approved heat and smoke detector. Any temporary housing facility must be inspected by the appropriate inspection agencies having jurisdiction in the Township of West Milford prior to occupancy.
[Added 12-8-2021 by Ord. No. 2021-038]
A. 
Shipping containers placed on any site shall comply with the provisions of this section, except that portable moving containers/moving pods placed on private property for no more than 30 days in any twelve-month period shall not be regulated by this section.
B. 
Nonconforming structures. Structures rendered nonconforming by this section may obtain a certification pursuant to N.J.S.A. 40:55D-68 that a use or structure existed prior to the adoption of the section which rendered the use or structure nonconforming by applying for a zoning permit, subject to the following conditions:
(1) 
The applicant shall have the burden of proof that the structure existed prior to the adoption of this section.
(2) 
The structural integrity of the existing container must receive approval from the Construction Official or the Construction Official’s Designee.
(3) 
The replacement of any existing shipping container must comply with the Zoning Ordinance, including the limit of one shipping container per every four acres in residential districts.
C. 
Temporary shipping containers. Shipping containers under 200 square feet that meet accessory structure setback requirements of the underlying zone may be placed on any property for up to 180 days in one calendar year beginning on the date of zoning permit approval.
D. 
Permit required. Placement of shipping containers in any zone district are required to submit a zoning permit application. Placement of a shipping container over 200 square feet will also require a building permit application. Shipping containers in commercial or industrial districts, or on farm-assessed properties, shall adhere to additional requirements set forth in § 500-91.1E.
E. 
Residential districts. Permanent shipping containers over 200 square feet are prohibited in residential districts. Upon submission and approval of a zoning permit application, a shipping container under 200 square feet may be used as permanent storage but must adhere to the following standards:
(1) 
Shipping containers shall meet accessory building area and bulk requirements of the underlying zone district. If the shipping container is in any yard that is adjacent to another residential property, or visible from any street, the container must either be screened or improved with cladding or siding.
(2) 
No more than one shipping container per every four acres shall be placed on a residential property.
F. 
Commercial districts and industrial districts.
(1) 
Shipping containers must adhere to the accessory building area and bulk requirements of the underlying zone district.
(2) 
Shipping containers shall not be used for storage of hazardous material (as defined in § 420-6) and may not be used as dwelling units, commercial sales or service, or other use types.
(3) 
Shipping containers may not be stacked.
(4) 
Screening or buffering must be implemented if a shipping container is within 50 feet of any residential use or district or visible from any public street.
[Added 8-15-2022 by Ord. No. 2022-038]
A. 
The purpose of this section is to establish guidelines for siting permanent emergency standby generators to ensure their safe operation and prevent a nuisance to neighboring properties. This section shall apply to residential uses.
B. 
As used in this section, the following terms shall have the meanings indicated:
EMERGENCY
Loss of power due to a power outage outside of the owner's control.
EMERGENCY STANDBY GENERATOR
A fuel-powered generator which is permanently connected to the electrical system of a structure and primarily operates in the event of a power outage in order to provide backup power. In the event of a power outage emergency standby generators automatically turn on, or are switched on by the owner and supply power. Once utility power is restored, the generator automatically transfers the electrical load back to the utilities or is manually switched off and power is turned back to the utilities. Emergency standby generators are also operated occasionally for maintenance purposes.
PORTABLE GENERATOR
Is not permanently connected to a building's electrical system, uses a self-contained fuel source and is portable for storage. Portable generators shall be outside when they are being utilized in the event of a power outage emergency or occasionally for maintenance purposes, and are not required to obtain approval pursuant to this section.
C. 
Siting and placement requirements for all generators.
(1) 
Emergency standby generators shall be considered minor accessory structures if 25 kW or less and must adhere to the requirements for minor accessory structures as set forth in § 500-92.1C. If the generator is larger than 25 kW, standard accessory structure standards apply.
[Amended 11-2-2022 by Ord. No. 2022-047]
(2) 
Generator placement must adhere to manufacturer guidelines.
D. 
Permits.
(1) 
All applicants for an emergency standby generator must submit a zoning permit application. The application must include a site drawing on a raised-seal survey showing the proposed location of the standby generator and associated setbacks to all adjacent property lines. Noise in decibels based on distance from the unit must also be provided.
(2) 
Residential and nonresidential applicants for an emergency standby generator with a maximum energy output of more than 25 kW shall submit an application for a minor site plan with the Planning Board, unless the generator is proposed in conjunction with a major site plan application.
E. 
Time of use regulations.
(1) 
Unlimited use during an emergency.
(2) 
Exercise of the generator is permitted as required for maintenance, but not more than once a week, on weekdays, between the hours of 10:00 a.m. and 5:00 p.m. and not to exceed 30 minutes at a time.
F. 
Screening.
(1) 
Screening of the unit is required, if visible from any right-of-way or adjacent properties.
(2) 
Natural screening shall be used wherever possible.
(3) 
If, due to the characteristics of the given lot, natural screening is not possible, fences conforming to § 500-68 are permitted.
G. 
Noise attenuation.
(1) 
Generator operating sound output may not exceed the New Jersey Noise Control Act (N.J.S.A. 13:1G-1) as measured from the closest property line.
(2) 
Sound attenuation enclosures, screening and landscaping may be used to minimize noise on adjacent properties and bring noise output into compliance with the standards of the New Jersey Noise Control Act (N.J.S.A. 13:1G-1).
H. 
Fuel storage.
(1) 
If a generator is utilizing diesel fuel, the fuel storage tank shall be double-walled.
I. 
Regulatory compliance.
(1) 
Emergency standby generators shall be installed and operated in accordance with manufacturer's requirements as well as all federal, state and local codes, whichever is most stringent.
J. 
Application fee. Every application for the installation of a permanent standby generator shall be accompanied by a fee of $40, which shall be separate from and in addition to any other zoning and building permit fees.
K. 
Violations and penalties. Any person, firm, corporation or entity which shall violate any provision of this section shall, upon conviction, be subject to a fine not exceeding $500, and each day that such violation continues shall be deemed a separate offense.
[Added 12-7-2022 by Ord. No. 2022-050]
A. 
Definitions. For the purpose of this section, the following definitions shall apply:
OUTDOOR WOOD FURNACE or OUTDOOR HYDRONIC HEATERS or OUTDOOR WOOD-FIRED BOILERS
A structure or fuel-burning device designed to burn wood or other approved solid fuels in an outdoor installation, which heats building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. It may also be a wood or approved solid-fuel-fired water-jacketed stove that provides heat and/or hot water to new or existing stoves. This does not include fireplaces, firepits, barbecues, or similar structures not designed to heat a structure.
B. 
Permit and inspection required. A zoning permit application and a building permit application shall be required prior to the installation of the furnace. An inspection from the Township Fire Prevention Office must be obtained.
C. 
All installations and users shall comply with all state laws, New Jersey Department of Environmental Protection regulations, New Jersey Department of Community Affairs, and New Jersey State health regulations, as well as local and County Board of Health ordinances and regulations. Outdoor wood burning furnaces must comply with N.J.A.C. 7:27-3, "Control and Prohibition of Smoke from Combustion of Fuel." This regulation mandates that stationary outdoor wood burning furnaces produce no smoke, except for three minutes in any thirty-minute period.