[Amended 11-2-1994 by Ord. No. 1994-35; 4-3-1996 by Ord. No. 1996-6; 5-1-1996 by Ord. No. 1996-13; 12-17-1997 by Ord. No. 1997-21; 7-1-1998 by Ord. No. 1998-12; 12-11-2003 by Ord. No. 2003-51; 9-1-2004 by Ord. No. 2004-6; 7-22-2009 by Ord. No. 2009-016; 10-20-2021 by Ord. No. 2021-035; 12-8-2021 by Ord. No. 2021-038; 9-21-2022 by Ord. No. 2022-036; 12-7-2022 by Ord. No. 2022-053; 3-20-2024 by Ord. No. 2024-007; 10-16-2024 by Ord. No. 2024-035]
Any word or term not defined herein shall be defined by the Unabridged Edition of the Random House Dictionary of the English Language. Moreover, whenever a term is used in this Land Development Ordinance which is defined in N.J.S.A. 40:55D-1 et seq., it shall be utilized unless specifically defined to the contrary in this Land Development Ordinance. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENTA residential use located within a principal or accessory structure on the same lot that is clearly incidental and subordinate to the principal use of the structure it is located in.
ACCESSORY BUILDING, STRUCTURE OR USEA building, structure or use which is customarily associated with but is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building or structure attached to the principal building shall comply in all respects with the requirements applicable to the principal building, except for decks, which must follow standards set forth in §
500-92.
The development of a new use for building with local historic designation status.
ADDITIONIn relation to a historic landmark, means the construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any designated landmark.
ADMINISTRATIVE OFFICERThe administrative officer is hereby designated to be the Planning Director or in the event there shall be at any time no Planning Director in the Township, the administrative officer shall be such person as shall be appointed by the Township Administrator until there shall be a Planning Director to perform such function.
ADMINISTRATIVE REVIEW OR APPROVALThe process by which a determination is made by the Construction Official, Township Engineer and Planning Director. Where administrative approval is required, unanimous decision by all three above referenced officials is necessary.
ADVERSE EFFECTConditions or situations creating, imposing, aggravating or leading to impractical, unsafe, or unsatisfactory conditions on a subject property, or off-tract property such as, but not limited to, improper circulation and drainage, rights-of-way as defined in N.J.S.A. 40:55D-34, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, inappropriate design features which are not compatible with the surrounding environment, locating and/or designing lots and structures in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this Land Development Ordinance.
ALTERATIONIn relation to a historic landmark, means any work done on any improvement which:
A. Is not an addition to the improvement.
Changes the appearance of the exterior surface of any improvement.
ANIMATED SIGNAny sign that uses movement or change of lighting to depict action or create a special effect or scene.
APPLICANTThe landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this Land Development Ordinance.
APPLICATION FOR DEVELOPMENTThe application or appeal forms and all accompanying documents required by this Land Development Ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
AVERAGE HEIGHT OF TREESThe average height of trees shall be determined by adding the height of each individual tree of six inches diameter or more along and within 10 feet of each side of the profile lines and dividing by the number of trees in accordance with the Diagrams and Tables referenced by §§
500-12 and
500-38.
A roof-like cover that projects from the wall of a principal or accessory building for the purpose of shielding a doorway or window from the elements. Awnings may be either fixed or retractable.
BALLOON TESTThe raising, to the proposed maximum height of a wireless telecommunications facility, of a five-foot-diameter helium-filled balloon attached to a tether line, said tether line originating at the proposed ground location of the wireless telecommunications facility. A "balloon test" shall be conducted on a day that West Milford Town hall is open for business, shall begin no later than 7:00 a.m. and shall end no earlier than 1:00 p.m.
BANNERAny sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered "banners."
BASEMENTThat portion of a building which is partly below and partly above grade, having at least one-half its height above grade.
BEACONAny light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
BED-AND-BREAKFASTA private, single-family residence which provides overnight lodging for transient guests and provides breakfast for registered guests in the forenoon of each day.
BEDROOMA room planned or used primarily for sleeping.
BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds.
BOATAny vessel or watercraft, other than a seaplane on the water, used or capable of being used a means of transportation on water.
BOATHOUSEAny enclosed structure extending into or over a body of water and used for the sole purpose of storing and mooring boats or boating equipment.
BREWPUBMicrobreweries which are associated with a restaurant.
BUFFERA strip of land containing natural woodlands, earth mounds or other planted screening materials and separating one kind of land use from another or separating a planned development from any other development.
BUILDINGAny structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property. "Building" shall include the words "structure," "dwelling" or "residence."
BUILDING COVERAGEThe square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING HEIGHTThe vertical distance measured to the highest point from the mean elevation finished grade at the foundation along the sides of the building facing a street or to the street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope. In all cases where this Land Development Ordinance provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within such footage.
BUILDING MARKERAny sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
BUILDING SIGNAny sign attached to any part of a building, as contrasted to a freestanding sign.
BULKHEAD LINEOn Greenwood Lake the shoreline occurring at the time the high water of 10.25 feet on the gauge located at the Awosting dam as recorded and maintained by the U.S. Geological Survey until such time as encroachment lines are established by the Bureau of Navigation, State Department of Environmental Protection, defining the lake's permanent shoreline.
CAMPERA person who registers his or her party for the occupancy of a campsite or who otherwise assumes charge of or is placed in charge of a campsite.
CAMPER UNITA tent or camping vehicle temporarily located on a campsite.
CAMPGROUNDA lot, tract or parcel of land upon which two or more campsites are located, established or maintained and occupied by camping units for children or adults, or both.
CAMPING VEHICLEA vehicular accommodation not more than 40 feet in length, operating under its own power or towed by an automobile, suitable for temporary habitation in permitted locations for a maximum of 30 days, used for travel, vacation, or recreational purposes. This definition shall not include federally approved trailers certified by BOCA (Building Officials and Code Administrators) International, Inc.
CAMPSITEA plot of ground within a campground intended for the exclusive occupation by a camping unit or units under the control of a camper.
CANOPY SIGNAny sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
CARPORTA permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles or other personal vehicles.
CARTWAYThe hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the "cartway" is that portion between the edges of the paved or graded width.
CATWALKThat part of a dock extending traversly from the main walk.
CELLARA portion of building having more than 50% of its clear height below the averaged finished contact grade along the outside walls of the building.
CENTRAL SEWERAGE FACILITIESA system designed and constructed for the treatment of sewage for 50 or more dwelling units; all systems shall be approved by the New Jersey Department of Environmental Protection and West Milford Municipal Utilities Authority. The system may be publicly or privately owned and operated but shall be designed with the capability of tying into other sewerage facility systems that are planned for the area and have been endorsed by the Township Wastewater Management Plan. All proposed central sewerage facilities are subject to site plan review.
CENTRAL WATER FACILITIESA system designed and constructed to furnish potable water for 50 or more dwelling units or as recommended and approved by the New Jersey Department of Environmental Protection and West Milford Municipal Utilities Authority. The system may be privately constructed but must be publicly owned and operated prior to the issuance of any certificates of occupancy to structures served by the system. All proposed central water facilities are subject to site plan review.
CERTIFICATE OF APPROPRIATENESSA document that is issued by the Historic Preservation Commission, following a prescribed series of hearings and review procedures, certifying that the proposed actions by an applicant are found to be acceptable in terms of design criteria relating to the individual site, structure or building, or the historic district as a whole.
CHANGEABLE COPY SIGNA sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered "an animated sign" and not a "changeable copy sign" for purposes of this Land Development Ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a "changeable copy sign" for purposes of this Land Development Ordinance.
CHILD CARE CENTERAny facility for which, upon completion, a license is required from the Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq.
CHURCHA building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith. All other uses shall be interpreted as accessory uses.
COMMERCIAL HORSE STABLEAny stable, equestrian center, barn, riding academy, ranch, equestrian arena or other property where horses are boarded and kept for the owners thereof or for hire to the general public, and/or where lessons, clinics and other equestrian activities are held for profit.
COMMERCIAL MESSAGEAny sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
COMMON PROPERTYA parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
COMMUNITY BUILDING/CLUBHOUSEA building or structure used for recreational, social and cultural activities, owned by the homeowners' association, and for use of said homeowners' association.
COMPLETE APPLICATIONA. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(1) The application lacks information indicated on the checklist adopted by this Land Development Ordinance and provided to the applicant; and
The municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
The applicant must request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this Land Development Ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Township.
CONDITIONAL USEA use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use and upon the issuance of an authorization therefor by the Planning Board.
CONDOMINIUMA group of buildings in which units are owned individually, and the structures, common areas, and facilities are owned by all of the individual owners on a proportional, undivided basis.
CRAFT DISTILLERYA craft distillery is a distillery holding a craft distillery license issued by the State of New Jersey as defined by N.J.S.A. 33:1-10 3d producing up to 20,000 gallons of distilled alcoholic beverages per year. The holder of this license shall be entitled to sell this product at retail to consumers on the licensed premises of the brewery for consumption on the premises, but only in connection with a tour of the distillery, or for consumption off the premises in a quantity of not more than five liters per person, and to offer any person not more than three samples per calendar day for sampling purposes only. Sampling means the gratuitous offering of an open container not exceeding 1/2 ounce serving pursuant to licensure issued by the Director of the State Division of Alcoholic Beverage Control (ABC).
CUL-DE-SACThe turnaround area at the terminus of a dead-end street. Often, but not necessarily, a circle in shape.
DEMOLITIONThe razing of any improvement, or the obliteration of any natural feature of a designated landmark.
DENSITYThe permitted number of dwelling units per gross area of land to be developed.
DETENTION BASINAn embankment and associated space for impoundment of water or, alternately, the space for impoundment partially or entirely created by excavation rather than by embankment, in either case designed to temporarily retain stormwater runoff.
DETENTION FACILITYA detention basin or alternative structure designed to temporarily retain stormwater runoff.
DEVELOPMENTThe division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required.
DOCKAny flotation or nonflotation, permanent or temporary structure extending lakeward of the bulkhead line.
DRAINAGE AND UTILITY RIGHT-OF-WAYThe lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRIVE-IN BUSINESSAny business, including but not limited to automobile service stations, commercial parking lots, banks, clothes cleaning establishments, dairy products stores, and restaurants, where business is conducted or service is provided directly to an automobile and/or its occupants or when an automobile discharges passengers for quick service where there is little or no separation of pedestrian and automobile traffic.
DWELLING UNITA room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require passing through another dwelling unit or other indirect route to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit:
A. DETACHED SINGLE-FAMILYA building physically detached from other buildings or portions of building which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
MULTIFAMILYUnits that share common vertical and horizontal separations.
TWO-FAMILYA building containing two dwelling units only, each having entrances on the first floor, intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to outside or to a common basement.
TOWNHOUSEA one-family dwelling in a row of at least three but not more than six such units in which each unit has its own front and rear access to the outside, no unit is located over another unit except as provided for in §
500-18E(3) and each unit is separated from any other unit by one or more common fire-resistant walls.
GARDEN APARTMENTOne building containing a number of individual dwelling units. Each building shall be no longer than 200 feet in length and 60 feet in depth and may be divided into as many dwelling units as permitted by applicable health and safety regulations.
DUPLEXThe same as a two-family except that each dwelling unit has part of its floor space on the ground floor and the units are primarily separated by vertical walls rather than horizontally.
ZERO-LOT-LINEA freestanding single-family detached building serving one family, with one wall of the building abutting a side property line. Side, rear or front yards may be enclosed by walls, provided that such yards remain unoccupied and open to the sky.
PATIO HOMEThe same as zero-lot-line except the unit shall be designed to integrate interior and exterior living areas. Open space intended for private use shall be so located and designed as to maximize its utility to the dwelling unit it serves. In the SCC Zone the units are designed for independent residents of the community; however, they share in the common social, recreational and other facilities offered by the community.
TRIPLEXThe same as a duplex except that the building has three dwelling units.
QUADRAPLEXThe same as a duplex except that the building has four dwelling units.
EASEMENTA use or burden imposed on real estate by deed or other legal means to control the use of land by the public, a corporation, or particular persons for specific uses.
ENCROACHTo break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a setback.
ENCROACHMENTAny structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into the setback.
ENVIRONMENTAL AND COMMUNITY IMPACT STATEMENT (ECIS)A statement on the effect of development proposals and other major actions which significantly affect the community and environment. The environmental and community impact statement provides the information needed to evaluate the effects of a proposed project upon the host community and the environment. The statement usually consists of an inventory of existing community and environmental conditions at the project site and in the surrounding region. The ECIS also includes a project description and a list of all licenses, permits or other approvals required by law. The environmental and community impact statement assesses the probable impact of the project upon all the inventory items and includes a listing of adverse environmental and community impacts during construction and operation and whether there are alternatives to any part of the project.
EQUESTRIAN CENTERAny stable, barn, riding academy, ranch, equestrian arena or other property where horses are boarded and kept for the owners thereof or for hire to the general public, and/or where lessons, clinics and other equestrian activities are held.
ESSENTIAL SERVICEThe erection, construction, alteration or maintenance by public utilities or municipal or other government agencies of electrical, gas, water transmission or distribution systems or collection, communication, water supply or sewage treatment and collection systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings.
EVAPOTRANSPIRATIONThe evaporation of water from a landscape, including evaporation from a landscape, including evaporation from inorganic surfaces and transpirational water loss from foliage.
EXCAVATETo remove or move any soil from or on the premises on which it is located.
FAMILY DAY-CARE HOMEAny private residence approved by the New Jersey Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:
A. The child being cared for is legally related to the provider; or
The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FARMA. Principal uses. A lot of at least five acres used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce. Commercial piggeries are prohibited.
Accessory uses. Buildings incidental to farms such as barns and packing, grading and storage buildings for produce raised on the premises, except that no processing of produce shall be permitted in buildings for keeping of poultry and permitted livestock or in garages for the keeping of equipment and trucks used in farm operations.
FARM ANIMALSAnimals produced or used in agriculture, including, for example, but not limited to horses, cattle, swine, sheep, goats, poultry, fowl, fur-bearing animals, but excluding dogs, cats, and other animals commonly kept as household pets.
FERTIGATIONIn IPM, liquid products applied through the sprinkler irrigation system rather than through conventional broadcast methods, achieving 30% to 50% reductions in application rates.
FILL MATERIALAny soil similar to the natural surrounding soils with respect to permeability, water capacity and acidity or any soil approved by the Township Engineer. Soil shall be clean and free of stumps, organic matter, building materials or any other foreign materials; provided, however, that, at the direction of the Township Engineer, soil testing may be required as follows:
A. Soil testing shall be done by a certified lab at the applicant's cost;
Sampling shall be for hydrocarbons, heavy metals and other substances considered to be a health hazard.
FIRST FLOOR AREAThe residential portion of a dwelling unit, excluding basements, garages, carports and breezeways, measured by using the outside dimensions of the residential portion of the building. For a split-level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding basements and garages, provided both levels are connected by permanent built-in stairs in the interior of the building.
FLAGAny fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FLOODPLAINThe relatively flat area adjoining a water channel which has been or may be covered by floodwater of the channel, including the following components:
A. FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
FLOOD HAZARD AREALand in the floodplain subject to a two-tenths-percent or greater chance of flood in any given year.
FOWLDomesticated chickens, ducks, peahens, and the like, excluding roosters and male chickens of any age.
FREESTANDING SIGNAny sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
GAZEBOAn accessory building consisting of a detached, covered, freestanding, open-air structure not exceeding 200 square feet.
GENERAL IMPROVEMENTAn improvement, the cost of which is to be paid out of the tax revenues of the entire Township.
GRADEThe average finished ground elevation adjoining a building at project completion or the slope of a road, path, driveway, swales or other surfaces.
GROSS FLOOR AREAThe area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. Only those floor areas which have a ceiling height as prescribed by the Township building code for residential uses and those floor areas either having a ceiling height of eight feet or more or used for storage space in nonresidential uses shall be included in the gross floor area.
HABITABLE BUILDINGPursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including camping vehicles and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of an uninhabitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
HAZARDOUS MATERIALSAny material, solid, liquid or gas, listed as a hazardous substance or material, including but not necessarily limited to the NFPA Guide of Hazardous Materials, the Department of Transportation Guide Book, the list of hazardous substances and toxic pollutants designated by the Federal Environmental Protection Agency (EPA) and the New Jersey Department of Environmental Protection pursuant to Section 311 of the Federal Water Pollution Control Act, Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.) and the list of toxic pollutants designated by Congress or the EPA pursuant to Section 307 of the Federal Water Pollution Control Act, and hospital or medical waste, including but not limited to syringes, bandages and discarded pharmaceutical products and any material warranting removal or cleanup in the opinion of the West Milford Township Office of the Fire Official.
HISTORIC DISTRICTOne or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITESAny real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
HOME OCCUPATIONAn occupation conducted entirely within a detached dwelling unit or an accessory building, but not both, which is clearly incidental and secondary to the use of the lot for residential purposes. Such occupations shall be conducted solely by the residents of the detached dwelling except that no more than two persons not residents of the building may be employed and provided that:
A. No more than 450 square feet shall be used for such occupation.
No display of products shall be visible from the street.
The residential character of the lot and building shall not be changed.
No occupational sounds shall be audible outside the building.
No equipment shall be used which will cause interference with radio and television reception in neighboring residences.
The home occupation does not reduce the parking or yard requirements of the detached dwelling.
There is no exterior evidence of the home occupation other than one nameplate sign identifying the home occupation, not exceeding four square feet in area, either attached or freestanding and set back at least 15 feet from the street right-of-way.
HOMEOWNERS' ASSOCIATIONAn incorporated, nonprofit organization operating in a cluster residential development under recorded land agreements through which:
A. Each owner is automatically a member.
Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township.
Each owner and tenant has the right to use the common property.
HOME PROFESSIONAL OFFICEAn occupation for gain or support conducted by any member of the family residing in a dwelling unit and conducted within the dwelling unit or accessory building, such as physician, dentist, lawyer, planner, engineer, architect, accountant etc. Any retail-oriented or distribution-oriented use shall not be interpreted as "home professional office."
HORSEAny member of the equine family, including horses, ponies, mules, asses and donkeys.
HOTELA building which contains furnished living units for its occupants which has entrances from inside the building and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces or balconies and providing, among other things, such services and features such as central dining rooms, lounges, public assembly areas.
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
IMPERVIOUS SURFACEAny ground cover which reduces the rate of absorption of stormwater into undeveloped land. Retention and detention basins and dry wells allowing water to percolate directly into the ground shall not be considered as impervious surfaces.
IMPROVEMENTAny structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 60 contiguous days.
INCIDENTAL SIGNA sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
INDUSTRIAL PARKA large tract of land (25 acres or more) that has been planned, developed, and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
INFILTRATION BASINA detention basin designed to infiltrate retained water to the subsurface and which is not an injection well.
INTEGRATED PEST MANAGEMENT (IPM)The use of multiple tactics to maintain pest populations below levels that cause unacceptable economic and aesthetic injury without posing a hazard to human health or the environment.
LANDMARK DESIGNATIONThe official recognition of any site, building, structure or district that has been documented to have or contain architecturally, historically or archaeologically significant features or elements and that adheres to the criteria as established by the National Historic Preservation Act of 1966, as amended.
LOADING SPACEAn off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical clearance.
LOCAL DESIGNATIONThe status granted to a landmark or historic site pursuant to §
500-138 of the Land Development Ordinance.
An improvement, the cost of which, or a portion thereof, may be assessed upon the lands in the vicinity thereof benefited thereby. (N.J.S.A. 40:56-1)
LOTAny parcel of land separated from other parcels or portions as by a filed map or deed of record, except that for purposes of this Land Development Ordinance, contiguous undersized lots under one ownership shall be considered one lot and except further that no portion of a street shall be included in calculating the lot boundaries or areas, except as modified by §
500-72, Nonconforming lots, structures and uses.
The area contained within the lot lines of a lot not including any portion of a street right-of-way.
LOT, CORNERA lot on the junction of and abutting two or more intersecting streets where the interior angle of an intersection does not exceed 135 degrees.
LOT DEPTHThe shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
LOT FRONTAGEThe horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that, on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 50% of the required minimum lot width. In no case shall the required frontage on a cul-de-sac be less than 50 feet. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.
LOT LINEAny line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.
LOT WIDTHThe straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line.
LOW-INCOME HOUSINGHousing that is economically feasible for families whose income level is categorized as low within the standards promulgated by the United States Department of Housing and Urban Development or the appropriate state housing agency.
MAINTENANCE BONDAny security acceptable to the Township Council to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvement and in accordance with this Land Development Ordinance.
MAIN WALKThat part of a dock extending into a body of water from the shoreline.
MANUFACTURINGEstablishments engaged in the mechanical or chemical transformation of materials or substances into new products, including assembling of component parts, manufacturing of products, and the blending of materials such as oils, resins or liquors.
MARINAAny public, semipublic or private facility capable of berthing or mooring five or more boats.
MARQUEEAny permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGNAny sign attached to, in any manner, or made a part of a marquee.
MASTER PLANA composite of one or more written or graphic proposals for development of the Township of West Milford as set forth and adopted pursuant to N.J.S.A. 40:55D-28.
MEMORIALIZATIONA. As provided by N.J.S.A. 40:55D-10g, the Township shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(1) A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval.
Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of a prior action of the municipal agency and not to be itself an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections h and i of N.J.S.A. 40:55D-10. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipal agency.
MICROBREWERYA microbrewery is a brewery holding a limited brewery license issued by the State of New Jersey as defined by N.J.S.A. 33:1-10.1b, producing less than 15,000 barrels of 31 gallons of malt beverage per year. The holder of this license shall be entitled to sell this product at retail to consumers on the licensed premises of the brewery for consumption on the premises, but only in connection with a tour of the brewery, or for consumption off the premises in a quantity of not more than 15.5 fluid gallons per person, and to offer samples for sampling purposes only pursuant to licensure issued by the Director of the State Division of Alcoholic Beverage Control (ABC).
MINOR ACCESSORY STRUCTUREAccessory structures which are detached from the principal building, nonhabitable by humans, livestock, or household pets, and under 100 square feet. Minor accessory structures are subject to §
500-92.1, Exceptions and supplemental regulations to bulk and area requirements. Coops, stables, and livestock shelters are subject to §
500-66, Accessory buildings, and §
500-90, Farm animals.
Housing which is constructed and kept available for families or individuals, including senior citizens, whose incomes do not exceed 80% of the median income of the area, with adjustments for smaller and larger families as defined for the Township by the U.S. Department of Housing and Urban Development.
MOTELA building which contains living or sleeping accommodations for transient occupancy and has individual outside entrances to each unit.
MOTHER/DAUGHTERA dwelling unit attached by common entrance, hallway with shared utilities (electric, gas, oil, water, etc.).
MUNICIPAL AGENCYThe Planning Board, Board of Adjustment, or Township Council, or any agency created by or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.
NONCONFORMING BUILDING OR STRUCTUREA building or structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING LOTA lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING SIGNA sign lawfully existing on the effective date of this chapter, or any amendment to it rendering such sign nonconforming, which does not comply with all of the standards and regulations of this chapter or any amendment hereto.
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NURSING HOME/LONG-TERM CAREA use of building or land for the care of two or more unrelated persons who are suffering from an acute or chronic illness or are being treated for or convalescing from the effects of an injury and surgical or obstetrical treatment who require nursing care as a result of one or more of the above-mentioned conditions. The term "nursing home" as used herein does not include the term "boardinghouse or other home for the sheltered care of adult persons," as defined by law, but it does include any structure licensed by the State of New Jersey Department of Human Services to operate a "nursing home." This facility will be serviced 24 hours a day by a registered nurse and include medical facilities, meals, housekeeping, social service, and physical therapy.
OFF-SITELocated outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACTNot located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON-SITELocated on the lot in question.
ON-TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OUTDOOR PERFORMING ARTS CENTERA land use consisting of an amphitheater or pavilion with either fixed, permanent or temporary seating, or a combination thereof, used for musical performance theater or similar productions.
OVERHANGThe part of a roof or wall that extends beyond the facade of a lower wall.
OWNERAny person in legal possession of the fee simple title to a parcel of land or having such other interest or estate therein as will permit exercise of effective rights of ownership, possession thereof or dominion thereover.
PARKING SPACEAn area of not less than nine feet wide by 18 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes, and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking space. The area shall be sufficient to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PATIO HOMESee the definition of "dwelling unit," Subsection H, "Patio home."
PATIO, TERRACEA level, landscaped, and/or surfaced area directly adjacent to a principal building and not covered by a permanent roof.
PENNANTAny lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PERFORMANCE GUARANTEEAny security in accordance with the requirements of this Land Development Ordinance which may be accepted in lieu of a requirement that certain improvements be made, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PERGOLAA structure of parallel colonnades, or columns, supporting an open roof of crossing rafters or trelliswork.
PERMITTED USEAny use of land or buildings as permitted by this Land Development Ordinance.
PERSONIncludes individual, firm, association, partnership or corporation.
PIERA vertical support structure to which a deck, dock, boathouse, or other structure may be affixed.
PIERHEAD LINEA line running parallel with the bulkhead line and extending lakeward not more than 50 feet from the bulkhead line and until such time as established by the Natural Resources Council and Bureau of Navigation, New Jersey State Department of Environmental Protection, beyond which no dock, pier, boathouse, or marina or other structure, permanent or temporary, floating or affixed to shore or water bottom, may be located.
PLATThe map of a subdivision of site plan and used interchangeably in this Land Development Ordinance with "plan."
A. SKETCH PLATThe sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this Land Development Ordinance.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this Land Development Ordinance.
FINAL PLATThe final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these requirements.
PORCHA roofed, open area, which may be screened, attached to, or part of a building, and with direct access to or from it.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
PORTICOAn open-sided structure attached to a building supported by columns.
PREMISESOne or more contiguous parcels of property under single ownership. Parcels shall not be deemed to be contiguous if separated by a road, railroad, right-of-way, brook, stream or other natural division.
PRINCIPAL BUILDINGThe building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered "principal buildings."
PRINCIPAL USEThe main purpose or purposes for which a lot or building is used.
PROJECTING SIGNAny sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
PUBLIC PURPOSE USESThe use of land or buildings by the Township Council of the Township of West Milford or any officially created authority or agency thereof.
PUBLIC UTILITYA facility for public use or to provide services to the public, such as telephone systems or plant and equipment, electric power substations or equipment, cable television facilities, sewerage treatment and water treatment facilities including pumping stations, gas transmission stations, but excluding actual transmission lines and towers and microwave facilities.
REPAIRAny work done on any improvement which:
A. Is not an addition to the improvement;
Does not change the appearance of the exterior surface of any improvement.
REPAIR SHOP, BODYThe land and buildings designed and used predominantly for the mechanical repair of passenger or commercial vehicles. No shop in which a majority of the mechanical repair work done is on vehicles owned by the operator or owner of such shop, or leased or rented to such operator or owner, shall be designated as a mechanical repair shop under this definition.
REPLACEMENTThe repairs when a building permit is required for same.
RESIDENTIAL AGRICULTUREA. The growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the property and not primarily for commercial purposes. A small roadside produce stand associated with the residential agricultural use shall be permitted, provided that:
(1) All of the produce offered for sale is grown on the property.
The produce is not grown primarily for commercial purposes.
The stand is not furnished with permanent heating facilities.
The floor area of the stand does not exceed 100 square feet.
The stand is set back from all street rights-of-way and property lines at least 20 feet.
Sufficient on-site, off-street parking is provided.
One unlighted sign, not exceeding four square feet in area, shall be permitted and shall be attached flat against the front facade of the stand.
RESIDENTIAL CLUSTERAn area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL HEALTH CARE FACILITYAn institution or a distinct part of an institution which is licensed by the State of New Jersey Department of Health and Senior Services to provide health care under medical supervision to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption. This facility is to assist with semi-independent personal care but includes provisions for meals, social services, medical and/or personal service and emergency care if necessary.
RESIDENTIAL SIGNAny sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirements of this Land Development Ordinance.
RESTAURANTAny establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, operated by the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-INAny restaurant, refreshment stand, snack bar, dairy bar, hamburger stand, or hot dog stand where food is served primarily for consumption at counters, stools, or bars outside the building or primarily for consumption in automobiles parked on the premises whether brought to the automobiles by the customer or by the employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building.
RESUBDIVISIONThe further division of a lot or the adjustment of a lot line or lot lines.
RIGHT-OF-WAYA strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, transmission line, pipeline, water line, sanitary storm sewer and other similar uses.
RINGELMANN SMOKE CHARTA device used to measure and gauge the significance of smoke pollution by the utilization of shaded samples which is matched to the color of the actual pollution.
ROOFThe outside top covering of a building.
ROOF SIGNAny sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
ROOF SIGN, INTEGRALAny sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
SEASONAL FARMERS' MARKETThe offering for sale of fresh agricultural products, organic merchandise, food products, and other merchandise typical of a seasonal market directly to the consumer at an open-air market on a seasonal basis which shall constitute the time period from June 1 through October 31 per calendar year under the sponsorship of a nonprofit, civic, or religious organization.
SENIOR CITIZENS' HOUSINGApartment-type housing for independent residents with some common facilities provided for the occupants of said housing. However, they also share in common social, recreational and other facilities.
SERVICE STATIONLands and buildings providing for the sale of fuel, lubricants, and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted.
SETBACKThe distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
SETBACK LINEA line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SHIPPING CONTAINER, ISO CONTAINER, ISO SHIPPING CONTAINER, SEA CONTAINERAny standardized shipping container constructed in accordance with the standard sizes promulgated by the International Standards Organization (ISO) for use in international intermodal transportation of goods by ship, rail, or truck, which shall include but shall not be limited to containers that are 20 feet in length and eight feet in width, 40 feet in length and eight feet in width, and 53 feet in length and eight feet in width. Shipping containers that have been modified into a permanent structure and no longer appear to be shipping containers shall follow accessory building or principal building standards depending on the proposed use.
SIGHT EASEMENT AT INTERSECTIONA triangular shaped area established in accordance with the requirements of this Land Development Ordinance in which no grading, planting, except ground covers or low growing species, or structure shall be erected or maintained, except for street signs, fire hydrants and light standards.
SIGNA device on any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public.
SITEAny plot or parcel of land or combination of contiguous lots or parcels of land. A site can be vacant or developed.
SITE PLANA development plan of one or more lots on which is shown:
A. The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes, waterways, and wetlands.
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices.
Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance to the requirements of this Land Development Ordinance.
SITE PLAN REVIEWThe examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this Land Development Ordinance, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or Board of Adjustment.
SOILAny earth, sand, clay, loam, gravel, humus, rock or dirt, and includes both surface (or top) soil and subsoil.
STORAGE PERIODThe period of time during which a shipping container or temporary structure has been stored on a property.
STORMWATER RUNOFFThe flow of water on the surface of the ground, resulting from precipitation.
STORYThat portion of a building included between the surface of any floor and the surface of the next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this Land Development Ordinance, the interior of the roof shall not be considered a ceiling. A "half story" shall be the area under a pitched roof at the top of a building, the floor of which shall be at least four feet, but no more than six feet, below the plate.
STREAMA watercourse having a source and terminus banks and channel through which waters flow at least periodically.
STREETAny street, avenue, boulevard, road, parkway, viaduct, drive, or other way which is an existing state, county, or municipal roadway, is shown upon a plat heretofore approved pursuant to law, is approved by N.J.S.A. 40:55D-1 et seq., or is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. "Streets" shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.
STREET LINEThe edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTUREAnything constructed, assembled, or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices and swimming pools. For purposes of Chapter
500, Article
XIII, Historic Preservation Commission, a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.
A. The following shall not be considered subdivisions within the meaning of this Land Development Ordinance if no new streets are created:
(1) Divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument; and
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MINORAny division of land containing an aggregate of not more than three lots (two new lots and the remaining parcel), each fronting on an existing street or streets; not involving a planned development or any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and Chapter
470, Article
VIII, On-Tract Improvements, Guarantees and Inspections, of this Land Development Ordinance or the extension of Township facilities; and not in conflict with any provision of the Master Plan, Official Map, or this Land Development Ordinance; not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by a municipal agency within the past five years and where the combination of the proposed and approved minor subdivision(s) constitutes a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this Land Development Ordinance. The original tract of land shall be considered any tract in existence at the time of the adoption of this Land Development Ordinance of which this is a revision as shown on the Township tax maps. Any readjustment of lot lines resulting in no new lots shall be classified as a "minor subdivision."
Areas, buildings or structures designed and used for plays, acts or dramas by actors and actresses performing on a stage and not including the exclusive showing of motion pictures.
SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
SWIMMING POOL, PORTABLEPortable pools shall not be subject to the requirements of this Land Development Ordinance and shall be those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed a water surface area of 100 square feet, and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIALIncludes an artificially constructed pool, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more, designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests, and located on a lot as an accessory use to a detached dwelling; "private residential swimming pool" includes all buildings, structures, equipment and appurtenances thereto. "Private residential swimming pool" shall be further classified into types in accordance with the suitability of a pool for use with diving equipment and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.
SWIMMING POOL, PUBLICAny pool other than a private residential swimming pool, designed to be used collectively by persons for swimming and bathing purposes, including pools designed as part of any hotel or motel use or any cluster residential development. "Public swimming pools" shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.
TEMPORARY OUTDOOR COMMERCIAL SALES EVENTThe outdoor display and/or sale of merchandise, which shall also include a farmers’ market for a specified period of time in accordance with the requirements set forth in Chapter
500.
Any sign that is used only temporarily and is not permanently mounted.
TEMPORARY STRUCTUREA structure that is erected or placed without any foundation or footings and is not in place for more than 180 days total in one calendar year. Structures in place for more than 180 days total in one calendar year are considered regulated structures that must adhere to Chapter
500, Zoning, and must obtain appropriate permits. Temporary structures must adhere to accessory structure setbacks.
A structure, enclosure, or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by a central pole or poles.
TOWNHOUSESee the definition of "dwelling unit," Subsection D, "Townhouse."
TOWNSHIPTownship of West Milford, Passaic County, New Jersey.
TOWNSHIP MASTER PLANA composite of the mapped and written proposals recommending the physical development of the Township which shall have been duly adopted by the Planning Board.
TRANSCRIPTA typed or printed verbatim record of the proceedings or reproduction thereof.
USEDIncludes arranged, designed, constructed, altered, converted, rented, leased or intended to be used.
VARIANCEA departure from the terms of this Land Development Ordinance authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1 et seq.
WALL SIGNAny sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
WAREHOUSEA building used primarily for the storage of goods and materials.
WATER LOT AREAThat area of water surface bounded by bulkhead line, the pierhead line and the side lot lines extended to the pierhead line which would extend, for the purpose of this definition only, the side lot lines of those lots having water frontage from the bulkhead line to the pierhead line.
WETLANDSAn area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation"; provided, however, that the applicant, in designating a wetland, shall use the three-parameter approach, as outlined in N.J.S.A. 13:9B-1 et seq.
WINDOW SIGNAny sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
WINERYA winery is a business operating for consumption of wine on or off the winery's premises, and for sampling purposes for consumption on the premises, in order to showcase New Jersey viniculture when operated by one who holds a license permitting same issued by the Director of the State Division of Alcoholic Beverage Control (ABC) and who operates as permitted by the ABC regulations."
WIRELESS TELECOMMUNICATIONS FACILITYA commercial facility, consisting of antennas, pole and equipment, providing customary support facilities, access, and security facilities in accordance with and in compliance with the regulations promulgated by the FCC in the Telecommunications Act of 1996.
YARD, FRONTAn open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required setback.
YARD, REARAn open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required rear yard shall be the same as the required setback.
YARD, SIDEAn open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.
ZONING PERMITA document signed by the Township officer:
A. Which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
Which acknowledges that such use, structure or building complies with the provisions of Chapter
500, Zoning, or variance therefrom duly authorized.