West Milford City Zoning Code
ARTICLE III
Residential Districts
§ 500-6 Applicability.
The regulations and restrictions set forth in this article shall apply to the following residential districts:
SHD/R-2 | — | Rental Overlay/R-2 Special Housing District Residential |
R-1/PN | — | Multifamily Residential |
R-1 and R-1/I [Amended 6-6-2001 by Ord. No. 2001-17] | — | High Density Residential |
R-2 | — | Moderate Density Residential |
R-3 | — | Low Density Single-Family Residential |
R-4 | — | Very Low Density Residential |
LR | — | Lakeside Residential |
SCC | — | Senior Congregate Care |
AHZ | — | Airport Hazard Zone |
§ 500-7 Purpose of residential districts.
A.
The purpose of the R-1/PN, R-1, R-1/I, R-2, and R-3 Districts shall be to accommodate the new residential growth expected in the Township with reasonable predictability regarding overall population growth in order to anticipate future public facilities and services. Residential clusters may be permitted in specific areas within the R-2, R-3, and R-4 Zones in order to accommodate pressures for growth while fostering properly coordinated open spaces, recreational areas, floodplains, wooded tracts and optimum street networks within the utilitarian rationale of an overall development design. Residential communities shall also be encouraged utilizing the provisions to provide community sewer and water facilities in conformance with Township regulations.
[Amended 6-6-2001 by Ord. No. 2001-17]
B.
The R-4 District recognizes the existing physical constraints of the rugged topography and the limitations that the soil and geologic conditions present for adequate drainage and filtration of septic effluent. Limited development on large lots is the objective considering the practical unavailability of sewers and central water facilities, the remoteness from improved road access and the desire to continue the rural character of development still prevailing in these areas of the Township. Residential clustering shall be permitted in this zone to conserve open space and environmentally sensitive land areas and provide reasonable lot sizes consistent with planning principles.
C.
The R-3 and R-4 Zones further provide for appropriate outdoor recreation activities and tourism opportunities in compatibility with the environment and rural character of the Township.
[Added 12-17-1997 by Ord. No. 1997-21]
D.
The Lakeside Residential (LR) District is created to develop meaningful and appropriate residential standards in the lake communities of the Township. The intent is to respect the existing development patterns of the lake communities, but to encourage an upgrading in lot sizes. This approach addresses the Township studies, which suggest future water and sewer problems in these areas if current development trends are continued. Advanced technologies, including alternate design, septic systems, and low flow water devices, as approved by the Township Departments of Planning and Building and Health are to be encouraged.
E.
The purpose of the Special Housing District/Rental Overlay/Residential Zone (SHD Rental Overlay/R-2) is to encourage the construction of moderately priced or least cost housing. This district had previously been comprised of the mobile home zone. The intent of the Planning Board is to provide for housing which meets the spirit of the mobile home zone, but which is more conventional in nature and is more responsive to the natural constraints of the land.
F.
Within residential zones, provision is made for the reasonable opportunity to locate wireless telecommunications facilities for the purpose of providing state-of-the-art communication services to the residents of the Township and the general public, while requiring standards sufficient to assure the existing rural character of the Township and the residents themselves are not adversely impacted by the siting of these facilities. The Township encourages innovative designs to enable integration of wireless telecommunications facilities into the Township's natural and built environment in strict accordance with the provisions listed herein.
[Added 12-11-2003 by Ord. No. 2003-51]
§ 500-8 Principal permitted uses on the land and in buildings.
[Amended 12-17-1997 by Ord. No. 1997-21; 1-21-1998 by Ord. No. 1998-1; 6-6-2001 by Ord. No. 2001-17; 12-11-2003 by Ord. No. 2003-51; 3-18-2020 by Ord. No. 2020-001; 3-20-2024 by Ord. No. 2024-007]
Principal permitted uses shall be as follows:
A.
Farms.
B.
Single-family detached dwelling units.
C.
Residential cluster development in the R-2, R-3 and R-4 Districts.
D.
Residential communities which provide central sewer and water facilities in the R-1, R-1/I, R-2 and R-3 Districts, and located within the service areas of the Wastewater Management Plan.
E.
Multifamily residential dwelling units in the R-1/PN District.
F.
Public utilities designed to serve the immediate community in which it is being proposed. This shall include water tanks and systems and sewerage plants.
G.
Community residences for the developmentally disabled and community shelters for victims of domestic violence, as defined in N.J.S.A. 40:55D-66.1.
H.
Equestrian centers in the R-3 and R-4 Zones.
I.
Shooting ranges in R-4 Zone.
J.
Bed-and-breakfast.
K.
Wireless telecommunications facilities.
M.
Microbreweries, craft distilleries, brewpubs, and wineries in the R-3 and R-4 Districts on lots greater than or equal to five acres and in accordance with applicable state regulations.
§ 500-9 Accessory uses permitted.
[Amended 12-17-1997 by Ord. No. 1997-21; 1-21-1998 by Ord. No. 1998-1; 10-16-2024 by Ord. No. 2024-035]
C.
Boats and trailers and camping vehicles to be parked or stored and located in the rear or side yards when possible. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while situated on a lot.
D.
Off-street parking and private garages.
F.
Home occupations.
G.
Home professional offices.
H.
Bed-and-breakfasts.
I.
Residential agriculture.
§ 500-10 Conditional uses.
C.
Public utilities and essential services of a general nature not specifically designed to serve only the immediate neighborhood in which they are located, in accordance with § 500-96 of this chapter.
[Amended 7-1-1998 by Ord. No. 1998-12; 12-11-2003 by Ord. No. 2003-51]
D.
Community buildings/clubhouses in the LR district only, in accordance with the provisions of § 500-102.
E.
Senior citizens' housing in R-2 District only, in accordance with the provisions of § 500-105.
[Added 5-1-1996 by Ord. No. 1996-13]
F.
Conditional recreational uses in the R-3 and R-4 Zones. Where parking provisions are established, the condition solely addresses the number of spaces, not the improvements to the parking area design standards as regulated by § 500-75 of the Land Development Ordinance.
[Added 12-17-1997 by Ord. No. 1997-21]
§ 500-11 Maximum building height.
No building shall exceed 35 feet in height and 2 1/2 stories with the exception of houses constructed on a minimum of three acres, which shall not exceed 40 feet in height.
§ 500-12 Area and yard requirements.
[Amended 6-6-2001 by Ord. No. 2001-17; 12-11-2003 by Ord. No. 2003-51; 10-4-2023 by Ord. No. 2023-024; 5-1-2024 by Ord. No. 2024-015]
A.
Properties with both individual septic system and individual well facilities or substantially similar facilities as determined by the Township Zoning Officer.
Detached Dwellings | ||||||
|---|---|---|---|---|---|---|
Minimum Requirements | R-4 | R-3 | R-2 | R-1 | ||
Principal building | ||||||
Lot area (acres) | 4 | 3 | 2 | 1 | ||
Lot frontage (feet) | 300 | 250 | 200 | 150 | ||
Lot width (feet) | 300 | 250 | 200 | 150 | ||
Lot depth (feet) | 275 | 250 | 225 | 200 | ||
Side yard, each (feet) | 60 | 50 | 40 | 30 | ||
Front yard (feet) | 125 | 100 | 75 | 50 | ||
Rear yard (feet) | 125 | 100 | 75 | 50 | ||
Accessory building | ||||||
Minimum distance to: | ||||||
Side line (feet) | 50 | 50 | 30 | 15 | ||
Rear line (feet) | 50 | 50 | 30 | 15 | ||
Other buildings (feet) | 20 | 20 | 20 | 20 | ||
Maximum building coverage | ||||||
Principal building | 10% | 10% | 10% | 10% | ||
Accessory building, maximum square feet footprint | 3,000 | 3,000 | 3,000 | 3,000 | ||
Accessory structures, maximum coverage | 3% | 3% | 3% | 3% | ||
B.
Properties serviced by central sewerage facilities, central water facilities, properties located within a wastewater management service area or substantially similar facilities as determined by the Township Zoning Officer.
Detached Dwellings | ||||||
|---|---|---|---|---|---|---|
Minimum Requirements | R-3 | R-2 | R-1 | R-1/I | ||
Principal building | ||||||
Lot area (square feet) | 25,000 | 20,000 | 15,000 | 15,000 | ||
Lot frontage (feet) | 140 | 125 | 110 | 110 | ||
Lot width (feet) | 140 | 125 | 110 | 110 | ||
Lot depth (feet) | 175 | 150 | 125 | 125 | ||
Side yard, each (feet) | 40 | 30 | 25 | 25 | ||
Front yard (feet) | 50 | 40 | 35 | 35 | ||
Rear yard (feet) | 70 | 60 | 45 | 45 | ||
Accessory building Minimum distance to: | ||||||
Side line (feet) | 15 | 10 | 10 | 10 | ||
Rear line (feet) | 15 | 10 | 10 | 10 | ||
Other building (feet) | 20 | 15 | 15 | 15 | ||
Maximum building coverage | ||||||
Principal building | 10% | 10% | 10% | 10% | ||
Accessory building, maximum square feet footprint | 3,000 | 3,000 | 3,000 | 3,000 | ||
Accessory structures, maximum coverage | 3% | 3% | 3% | 3% | ||
C.
Residential cluster (individual sewer and water).
Minimum Requirements | R-4 | R-3 | R-2 | |
|---|---|---|---|---|
Principal building | ||||
Lot area (acres) | 2 | 1.5 | 1 | |
Lot frontage (feet) | 200 | 175 | 150 | |
Lot width (feet) | 200 | 175 | 150 | |
Lot depth (feet) | 225 | 200 | 200 | |
Side yard, each (feet) | 40 | 35 | 30 | |
Front yard (feet) | 75 | 65 | 50 | |
Rear yard (feet) | 75 | 65 | 50 | |
Accessory building Minimum distance to: | ||||
Side line (feet) | 30 | 20 | 15 | |
Rear line (feet) | 30 | 20 | 15 | |
Other building (feet) | 20 | 15 | 15 | |
Maximum building coverage | ||||
Principal building | 10% | 10% | 10% | |
Accessory building, maximum square feet | 1,500 | 1,500 | 1,500 | |
D.
Lakeside Residential District.
Minimum Requirements | LR | ||
|---|---|---|---|
Principal building | |||
Lot area (square feet) | 20,000 | ||
Lot frontage (feet) | 120 | ||
Lot width (feet) | 120 | ||
Lot depth (feet) | 150 | ||
Side yard, each (feet) | 30 | ||
Front yard (feet) | 40 | ||
Rear yard (feet) | 60 | ||
Accessory building Minimum distance to: | |||
Side line (feet) | 10 | ||
Rear line (feet) | 10 | ||
Other building (feet) | 15 | ||
Maximum building coverage | |||
Principal building | 10% | ||
Accessory building | 3% | ||
E.
Wireless telecommunications facilities subject to the following:
(1)
Area and height requirements.
(a)
Minimum lot area: 25 acres.
(b)
Minimum front yard setback (setbacks are taken from the outer limits of fencing around the compound): as required by zone.
(c)
Minimum rear yard setback (setbacks are taken from the outer limits of fencing around the compound): 300 feet.
(d)
Minimum side yard setback (setbacks are taken from the outer limits of fencing around the compound): 300 feet.
(e)
Maximum height: not to exceed 10 feet above the identified average of the tree height determined in the following manner:
 |
 |
Explanations for Diagram and Tables | ||
The Plan View Diagram depicts the two-hundred-fifty-foot radius with seven profile lines distanced from each other as shown. Within this radius, all trees with a diameter of six inches or greater are to be located and the location depicted on the Plan View Diagram. All trees surveyed that fall along and within 10 feet of each side of the profile lines are then to have their tree height surveyed and recorded on Table A. | ||
Table A is a compilation of the surveyed tree heights and tree species as identified along the profiles in the Plan View Diagram. The information will be exhibited by the applicant on seven separate tables (Tables A1 through A7), one for each profile line. | ||
Table B is the final compilation of the average tree heights and average anticipated tree heights for each of the seven profile lines (as calculated in Tables A1 through A7) to determine the maximum height of the proposed wireless telecommunications facility. | ||
The monopole and antennas shall be designed as a tree in appearance to include branches and appropriate painting or, if located in an open field area, the design shall be a barn silo not to exceed 50 feet in height with the equipment housed within a barn structure design. | ||
(2)
Property owned or leased by the Township of West Milford, any Township Fire Company or First Aid Squad or the Township Municipal Utilities Authority shall be exempt from the twenty-five-acre minimum lot size requirement subject to the following standards:
(a)
Minimum lot area: 1.75 acres.
(b)
Antennas shall either be affixed to the building within such structural appurtenances as a bell tower, cupola, spire or affixed to a flat roof with a mansard screen, or if a monopole is proposed, it shall be designed as a flagpole or a tree, to be determined by the Planning Board.
(c)
Minimum front yard setback (setbacks are taken from the outer limits of fencing around the compound): 50 feet or the height of the structure, whichever is greater.
(d)
Minimum rear yard setback (setbacks are taken from the outer limits of fencing around the compound): 50 feet or the height of the structure, whichever is greater.
(e)
Minimum side yard setback (setbacks are taken from the outer limits of fencing around the compound): 50 feet or the height of the structure, whichever is greater.
(f)
Maximum height of structure: 90 feet.
(3)
Maximum height of the compound security fence shall be six feet.
(4)
Antennas may be affixed to existing telephone poles, utility stanchions, or streetlights either within public rights-of-way or on properties identified in Subsection E(2), and not extending more than five feet above the existing height of the pole or stanchion. The support equipment is subject to:
(5)
Collocation is permitted on monopoles or lattice towers that were approved by the Planning Board or Zoning Board prior to the enactment of this Subsection E; however, the height of the support structure shall not be extended.
(6)
Driveways are subject to the requirements set forth in the Engineering Department's Site Improvement Checklist.
(7)
All electrical connections, wires and conduit from the antenna structures to the ground structures shall be installed underground.
(8)
In the event such wireless telecommunications facilities are abandoned or not operated for the use as approved for a period of six months, the same shall be removed, at the option of the Township, at the sole expense of the property owner.
§ 500-13 Sewer and water facilities.
[Amended 9-17-2014 by Ord. No. 2014-007]
Where zoning standards for sewer and water facilities are utilized, those facilities must be provided by the applicant. The systems shall be designed in accordance with the West Milford Township Municipal Utilities Authority (MUA) and the New Jersey Department of Environmental Protection requirements, including the Township's Wastewater Management Plan, and located in a designated service area. Such facilities shall be dedicated to the MUA for ownership and operation within an agreed-upon period of time. If public sewer facilities are provided, but it is determined by the Planning Board that it is impractical to provide public water facilities, the applicant may nonetheless utilize the reduced area and yard requirements of § 500-12B, provided that the applicant complies with the requirements of § 470-15.1, Water supply and water quality requirements, with respect to individual wells to serve the subdivision lots.
§ 500-14 Cluster single-family development.
A.
Cluster single-family residential development may be utilized in the R-2, R-3 and R-4 Zones. The overall density shall be determined by utilizing the standard lot size requirements of the zone. The appropriate number of lots may then be reduced in size to the cluster residential standards.
B.
The balance of the tract not being utilized for building area under the cluster residential standards shall be preserved as open space. This open space may be held in private ownership, or may require open space easements, rights-of-way, etc. If maintained in private ownership, appropriate deed restrictions and maintenance arrangements shall be established by the applicant. It shall be the Planning Board's determination as to the disposition of the open space areas.
§ 500-15 Minimum tract size requirements.
§ 500-16 Minimum off-street parking.
A.
Dwelling units shall provide two spaces per dwelling unit which may include garage spaces.
B.
Home occupations shall provide one space per 200 square feet of gross floor area or fraction thereof devoted to the home occupation, subject to administrative approval of Planning Director, Township Engineer, and Construction Official.
C.
Home professional offices shall provide one space per 150 square feet of gross floor area or fraction thereof devoted to the professional home office, subject to administrative approval of Planning Director, Township Engineer, and Construction Official.
§ 500-17 Additional standards.
See Article IX, General Provisions and Design Standards, for additional standards.
§ 500-18 Planned neighborhoods.
[Amended 4-6-1994 by Ord. No. 1994-11; 11-2-1994 by Ord. No. 1994-35]
A.
Permitted. Planned neighborhoods are permitted in areas where indicated on the Zoning Map under the R-1/PN designation.
B.
Principal permitted uses on the land and in buildings:
(1)
Detached dwelling units, two-family dwelling units, townhouse dwelling units, zero lot line development, duplex, triplex and quadraplex housing units.
(2)
Uses permitted in the NC Zone with the exception of service stations and bars and taverns as individual uses in accordance with the standards specified for such uses in Article IV, Commercial Districts, provided no more than 2% of the tract area is devoted to such uses.
(3)
Public playgrounds, conservation areas, parks and public purpose uses.
(4)
Wireless telecommunications facilities subject to the following:
[Added 12-11-2003 by Ord. No. 2003-51]
(a)
Area and height requirements.
[1]
Minimum lot area: 25 acres.
[2]
Minimum setback to any perimeter property line (setbacks are taken from the outer limits of fencing around the compound): 300 feet.
[3]
Minimum setback to any building occupied or intended for occupancy as a residential use (setbacks are taken from the outer limits of fencing around the compound): 100 feet.
[4]
Maximum height: not to exceed 10 feet above the identified average of the tree height determined in the following manner:
|
|
Explanations for Diagram and Tables | ||
The Plan View Diagram depicts the two-hundred-fifty-foot radius with seven profile lines distanced from each other as shown. Within this radius, all trees with a diameter of six inches or greater are to be located and the location depicted on the Plan View Diagram. All trees surveyed that fall along and within 10 feet of each side of the profile lines are then to have their tree height surveyed and recorded on Table A. | ||
Table A is a compilation of the surveyed tree heights and tree species as identified along the profiles in the Plan View Diagram. The information will be exhibited by the applicant on seven separate tables (Tables A1 through A7), one for each profile line. | ||
Table B is the final compilation of the average tree heights and average anticipated tree heights for each of the seven profile lines (as calculated in Tables A1 through A7) to determine the maximum height of the proposed wireless telecommunications facility. | ||
The monopole and antennas shall be designed as a tree in appearance to include branches and appropriate painting or, if located in an open field area, the design shall be a barn silo not to exceed 50 feet in height with the equipment housed within a barn structure design. | ||
(b)
Property owned or leased by the Township of West Milford, any Township Fire Company or First Aid Squad or the Township Municipal Utilities Authority shall be exempt from the twenty-five-acre minimum lot size requirement subject to the following standards:
[1]
Minimum lot area: 1.75 acres.
[2]
Antennas shall either be affixed to the building within such structural appurtenances as a bell tower, cupola, spire or affixed to a flat roof with a mansard screen, or if a monopole is proposed, it shall be designed as a flagpole or a tree, to be determined by the Planning Board.
[3]
Minimum front yard setback (setbacks are taken from the outer limits of fencing around the compound): 50 feet or the height of the structure, whichever is greater.
[4]
Minimum rear yard setback (setbacks are taken from the outer limits of fencing around the compound): 50 feet or the height of the structure, whichever is greater.
[5]
Minimum side yard setback (setbacks are taken from the outer limits of fencing around the compound): 50 feet or the height of the structure, whichever is greater.
[6]
Maximum height of structure: 90 feet.
(c)
Maximum height of the compound security fence shall be six feet.
(d)
Antennas may be affixed to existing telephone poles, utility stanchions, or streetlights either within public rights-of-way or on properties identified in Subsection B(4)(b), and not extending more than five feet above the existing height of the pole or stanchion. The support equipment is subject to:
(e)
Collocation is permitted on monopoles or lattice towers that were approved by the Planning Board or Zoning Board prior to the enactment of this Subsection B(4); however, the height of the support structure shall not be extended.
(f)
Driveways are subject to the requirements set forth in the Engineering Department's Site Improvement Checklist.
(g)
All electrical connections, wires and conduit from the antenna structures to the ground structures shall be installed underground.
(h)
In the event such wireless telecommunications facilities are abandoned or not operated for the use as approved for a period of six months, the same shall be removed, at the option of the Township, at the sole expense of the property owner.
C.
Accessory uses permitted.
(2)
Off-street parking and private garages.
(4)
Temporary construction trailers and one sign not exceeding 100 square feet, advertising the prime contractor, subcontractors, architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided such trailer and sign are on the site where construction is taking place and is set back at least 15 feet from all street and lot lines.
(5)
Recreational facilities.
(6)
Community centers.
(8)
Maintenance and utility buildings in connection with maintenance of the common open space.
D.
General requirements.
(1)
Minimum tract size. The minimum tract size in which the provisions of this section can be applied shall be 50 acres.
(2)
Maximum residential density. Planned neighborhoods shall be developed at a gross density of not more than four dwelling units per acre excluding any acreage devoted to the optional neighborhood commercial uses.
(3)
Utilities. The development proposed under this provision shall provide central sewer and water facilities for the facility which shall be approved by the West Milford Township Municipal Utilities Authority and the New Jersey Department of Environmental Protection and which shall conform to the Township's Wastewater Management Plan. Electric utilities shall be placed underground.
(4)
Maximum building height. No building shall exceed 35 feet in height or 2 1/2 stories, whichever is less.
(5)
Buffers. The minimum buffer along a public roadway shall be 100 feet. The minimum buffer area along the perimeter side and rear property lines of the site shall be 100 feet.
E.
Bulk requirements.
(1)
For multifamily units:
Zero Lot Line Dwellings | Single-Family Dwellings | ||||||||
|---|---|---|---|---|---|---|---|---|---|
Principal buildings | |||||||||
Lot area (square feet) | 5,000 | 10,000 | |||||||
Lot frontage (feet) | 50 | 75 | |||||||
Lot width (feet) | 50 | 75 | |||||||
Lot depth (feet) | 90 | 100 | |||||||
Side yard (feet) | |||||||||
One side | 30 | 15 | |||||||
Other side | 0 | 15 | |||||||
Front yard (feet) | 20 | 25 | |||||||
Rear yard (feet) | 25 | 30 | |||||||
Duplex | Triplex | Quad- raplex | Town- house | ||||
|---|---|---|---|---|---|---|---|
Minimum distance between buildings (feet) | 50 | 50 | 50 | 50 | |||
Front yard setback (feet) | 20 | 20 | 20 | 20 | |||
Zero Lot Line Dwellings | Single-Family Dwellings | ||||||||
|---|---|---|---|---|---|---|---|---|---|
Accessory building Minimum distance to: | |||||||||
Side line (feet) | 10 | 15 | |||||||
Rear line (feet) | 10 | 15 | |||||||
Other building (feet) | 10 | 15 | |||||||
Maximum building coverage | |||||||||
Principal building | 20% | 15% | |||||||
Accessory building | 7% 350 feet | 5% 500 feet | |||||||
(2)
No townhouse dwelling unit shall be less than 16 feet wide. No building shall be longer than 160 feet in length.
G.
Minimum off-street parking and loading.
(1)
Dwelling units shall each provide three parking spaces per unit, two of which may be located in garage units.
(2)
One space per unit shall be provided in off-street parking facilities (not including individual unit driveways), which shall be located in close proximity to the units they are intended to serve. These spaces may be eight feet by 18 feet, and their attendant aisle widths may be reduced by 10% of the requirements in § 500-74.
H.
Open space requirements.
(1)
Open space land required. Land area equal to a minimum of 20% of the tract of land proposed for residential development shall not be included in lots and shall be set aside for conservation, open space, floodplain, school sites, recreation and park areas. Such land shall be optimally related to the overall plan and design of the development and improved to best suit the purpose for which it is intended. Land utilized for street rights-of-way shall not be included as part of the above 20%. Land to be devoted to public purposes may be offered to the Township or may be owned and maintained by a resident association. Any lands intended to be offered to the Township for public purposes shall be so declared prior to preliminary approval. All lands not offered to and/or not accepted by the Township shall be owned and maintained by a resident association.
(2)
Requirements. Any lands offered to the Township shall meet the following requirements:
(a)
The minimum size of each parcel offered to the Township shall be two acres.
(b)
Lands offered for recreational purposes shall be improved by the developer, including equipment, walkways and landscaping, in order to qualify the lands for acceptance by the Township.
(c)
Any lands offered to the Township shall be subject to review by the Planning Board which, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of the Township's accepting any lands to be offered to the Township. The Planning Board shall make its recommendation to the Township Council which shall determine whether or not to accept the land offered.
(d)
Every parcel of land offered to and accepted by the Township Council shall be conveyed to the Township by deed at the time final plan approval is granted by the Township Planning Board. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of Subsection H(2)(b) of this section, hereinabove pertaining to the use of such areas.
I.
Resident associations. A resident association, established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, floodplain, recreation and park areas, shall be in accordance with N.J.S.A. 40:55D-43 and the following provisions:
(1)
Membership in any created resident association by all property owners shall be mandatory. Such required membership in any created resident association and the responsibilities upon the members shall be in writing between the association and the individual in the form of a covenant, with each member agreeing to his liability for his pro rata share of the association's costs, providing that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of such covenant shall be reviewed by both the Township Attorney and the Planning Board Attorney prior to final approval.
(2)
Executed deeds shall be tendered to the Township simultaneously with the granting of final approval stating that the prescribed uses of the lands in the common ownership shall be absolute and not subject to reversion for possible development in the future.
(3)
The resident association shall be responsible for liability insurance, municipal taxes, maintenance of that land and infrastructure related to that development, and any facilities that may be erected on any land deeded to the resident association and shall hold the Township harmless from any liability, but not limited to stormwater, roads and related infrastructure and facilities.
(4)
Any assessment levied by the resident association may become a lien on the private properties in the development. The duly created resident association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.
(5)
The resident association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the planned development, along with the covenant and model deeds and the articles of incorporation of the association, prior to the granting of final approval by the Township.
(6)
Part of the development proposals submitted to and approved by the Township shall be provisions to insure that control of the resident association will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the resident association shall have the maintenance responsibilities for all lands to which they hold title.
(7)
The Construction Official of the Township shall administer the resident association's provisions of this section in accordance with N.J.S.A. 40:55D-43.
J.
Lands to be set aside simultaneously with final approval. Should the proposed development consist of a number of stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in different sections of the overall development.
K.
Architectural theme. There shall be a cohesive design of units within any townhouse development such that each dwelling unit is compatibly designed in relation to all other units, however, is distinct as a result of such design features as width, yard setbacks, roof design, color, exterior materials and other materials, singularly or in combination.
L.
Phasing.
(1)
Where the development is intended to be phased over a number of years, prior to the granting of preliminary approval for the entire planned development, there shall be an explanation, including appropriate maps, indicating the location, number and type of units to be constructed in each phase and the priority of each phase. Each development phase shall indicate its relationship to the circulation and utilities systems completed up to that point in order to assure their adequacy to serve the total development.
(2)
Preliminary approval shall be granted for the complete planned development proposal before final approval shall be granted for any phase.
(3)
Each development phase shall maintain a proportional balance of residential uses and nonresidential uses, recreational facilities and open space to serve the residents. For all development phases subsequent to the first phase, no building permits may be issued for construction of units in any such phase until construction of preceding phases is substantially completed. "Substantially completed" shall be taken to mean that, as a minimum, all exterior finish, paving, utilities, fine grading, seeding and landscaping shall have been completed.
§ 500-19 Accessory apartments.
A.
Purpose. The purposes of the accessory apartment provision includes:
(1)
Provide a housing type which is affordable to the young and elderly within an established residential setting.
(2)
Relieve tax and financial burden of taxpayers on larger parcels of land and, particularly, to assist the elderly to remain in the residential neighborhoods.
(3)
Limit sprawl-type development by allowing density increases within certain residential districts.
(4)
Maximize the utilization of existing resources through use of existing water and sewer facilities with potential expansion of public facilities.
(5)
Provide an alternative form of housing in the community.
B.
General requirements.
(1)
Lot size and zones. The minimum lot size in which an accessory apartment is permitted shall be one acre. Accessory apartments shall be permitted in all single-family zones with the exception of the Lakeside Residential and planned neighborhood zones.
(2)
Apartment size. Each accessory apartment shall be a minimum of 300 square feet. The maximum apartment size shall be either 30% of the existing dwelling or 600 square feet, whichever is smaller.
(3)
Ownership. Each dwelling requesting to construct an accessory apartment shall be owner occupied. Each applicant shall verify to the satisfaction of the Planning Board that he/she does in fact own the property and does occupy it as the primary residence. Summer occupancy does not constitute owner occupancy within the context of this provision. Further, only one accessory apartment shall be permitted per single-family lot.
(5)
Unit access. Separate access to the accessory apartment shall be provided either through an exterior entrance or through an internal hall or entrance way within the structure. If outside access on the first floor is provided, access must be on the side or the rear of the building.
(6)
Parking. A minimum of two parking spaces for each dwelling unit shall be provided. Parking shall be placed so that it does not interfere with access to and from the property. No parking shall be permitted in the driveway of the property within 20 feet of the street line, and an on-site turnaround area is required.
(7)
Utilities. Each accessory apartment shall meet all Township and state health codes for the supply of water and sewer facilities. The applicant shall have the utilities approved for water yield and septic capacity prior to the approval of any accessory apartment and all necessary building requirements and permits.
(8)
Apartment location. No accessory apartment shall be permitted in cellars as defined by the Land Development Ordinance. Apartments are permitted in basements, provided that light, ventilation, and windows can be provided on three sides of the building, and direct outside access is provided.
(9)
Appearance. No exterior changes shall be made which detract from or visually alter the character of the residential zone or neighborhood. There will be no separate utility meters for the accessory units. Accessory apartments must be located in the primary dwelling unit and shall be constructed so that the accessory unit is not a visual nuisance to the surrounding residential properties in the determination of the Planning Board.
(10)
Eligibility. Lots in the residential zone with an existing apartment are not eligible under this section. Residential lots within commercial or industrial zones are not eligible under this section.
(11)
The applicants will submit a site plan for an administrative review. If a unanimous decision cannot be reached, the applicant can appeal to the Planning Board for a decision. All units will require notification to the Tax Assessor prior to issuance of certificate of occupancy.
§ 500-20 Home occupations. [1]
A.
Not more than one person in addition to members of the family residing on the premises shall be engaged in such occupation.
B.
The home occupation shall be conducted entirely within the principal building or an accessory building.
C.
The use of a home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential purposes. The home occupation use shall be limited to not more than 25% of the gross floor area of the principal building, not including the cellar, or 400 square feet, whichever is smaller.
D.
No commercial vehicle used in connection with the home occupation shall be visible from the public right-of-way.
E.
No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a home occupation except in passenger automobiles or vans with a maximum length of 20 feet.
F.
No traffic or parking shall be generated in excess of three automobiles exclusive of those parking spaces required of the residence by this chapter. The parking shall be maintained on site with a suitable turnaround provided.
G.
There shall be created no dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold or dampness; electromagnetic or other disturbance; glare; liquid or solid refuse or other wastes; or other objectionable substance, condition or element. All performance standards specified in Article IX, General Provisions and Design Standards, of this chapter shall apply.
H.
No devices or substances or machines shall be utilized which may cause interference with or disruption of residential electronic equipment or that may adversely affect the surrounding residential environment through electronic disturbance.
§ 500-21 Home professional offices. [1]
A.
Not more than two persons in addition to members of the family residing on the premises shall be engaged in such occupation.
B.
The home office shall be conducted entirely within the principal building or an accessory building.
C.
The use of a home office shall be clearly incidental and subordinate to the use of the dwelling for residential purposes. The home office use shall be limited to not more than 50% of the gross floor area of the principal building, not including the cellar, or 800 square feet, whichever is smaller.
D.
No commercial vehicle used in connection with the home occupation shall be visible from the public right-of-way.
E.
No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a home occupation except in passenger automobiles or vans with a maximum length of 20 feet.
F.
No traffic or parking shall be generated in excess of three automobiles exclusive of those parking spaces required of the residence by chapter. The parking shall be maintained on site with a suitable turnaround provided.
G.
There shall be created no dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold or dampness; electromagnetic or other disturbance; glare; liquid or solid refuse or other wastes; or other objectionable substance, condition or element. All performance standards specified in Article IX, General Provisions and Design Standards, of this chapter shall apply.
H.
No devices or substances or machines shall be utilized which may cause interference with or disruption of residential electronic equipment or that may adversely affect the surrounding residential environment through electronic disturbance.
§ 500-22 Airport hazard zone.
A.
The standards for the control of airport and aeronautical hazards and for land use within the airport hazard zone shall be as set out in N.J.A.C. 16:62 et seq. except as modified herein. These standards shall become part of the master plan of development. A copy of N.J.A.C. 16:62 et seq. is annexed hereto and made a part hereof, by reference.
B.
Permitted land uses. The following land uses are permitted within the airport hazard zone:
C.
Additional standards for residential development.
§ 500-23 Special Housing District Rental Overlay/Residential.
[Amended 1-21-1998 by Ord. No. 1998-1; 10-16-2024 by Ord. No. 2024-035]
A.
Permitted. Special housing developments/residential are permitted in areas where indicated on the Zoning Map under the SHD Rental Overlay/R-2 designation.
B.
Permitted uses.
(1)
Townhouse dwelling units, patio homes, duplexes, triplexes, quadraplexes, zero lot line housing and alternative housing designs in accordance with Planning Board review.
(2)
Public playgrounds, conservation areas, parks and public purposes uses.
(3)
Single-family residential uses, subject to the R-2 zoning criteria.
(4)
Bed-and-breakfasts.
C.
Area and yard requirements.
(1)
For townhouses and multiplexes:
(a)
No townhouse dwelling unit shall be less than 16 feet wide. No building shall be longer than 160 feet in length.
(b)
Building coverage shall not exceed 20% of the tract area.
(c)
Accessory uses permitted.
[2]
Off-street parking and private garages.
[4]
Temporary construction trailers and one sign not exceeding 100 square feet, advertising the prime contractor, subcontractors, architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided such trailer and sign are on the site where construction is taking place and is set back at least 15 feet from all street and lot lines.
(2)
Minimum yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two abutting yard areas. The minimum yards shall be 40 feet for front yards, the height of each building for side yards and 50 feet for rear yards. No building, as measured radially from any corners, shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width. In addition, no building shall be located closer than 25 feet to the proposed right-of-way line of any public street.
(3)
For patio homes, and zero lot line housing, and duplex:
(a)
Principal building.
Patio | Zero Lot | Duplex | |
|---|---|---|---|
Lot area (square feet) | 5,000 | 5,000 | 6,000 |
Lot frontage (feet) | 50 | 50 | 60 |
Lot width (feet) | 50 | 50 | 60 |
Lot depth (feet) | 90 | 90 | 90 |
Side yard, each (feet) | 10 | 0 to 20 | 10 |
Front yard (feet) | 20 | 20 | 15 |
Rear yard (feet) | 25 | 25 | 15 |
(b)
Accessory building.
Patio | Zero Lot | Duplex | ||
|---|---|---|---|---|
Minimum distance to side line (feet) | 10 | 10 | 5 | |
Minimum distance to rear line (feet) | 10 | 10 | 5 | |
Minimum distance to other building (feet) | 10 | 10 | 5 | |
Maximum building coverage | ||||
Principal building | 25% | 25% | 30% | |
Accessory building | 8% | 8% | 5% | |
(c)
Accessory uses permitted.
[2]
Off-street parking and private garages.
[4]
Temporary construction trailers and one sign not exceeding 100 square feet, advertising the prime contractor, subcontractors, architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided such trailer and sign are on the site where construction is taking place and is set back at least 15 feet from all street and lot lines.
(4)
For single family:
(c)
Accessory uses permitted.
[2]
Private residential toolsheds not to exceed 10 feet in height and 150 square feet in area.
[3]
Boats and trailers and camping vehicles to be parked or stored and located in the rear or side yards when possible. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while situated on a lot.
[4]
Off-street parking and private garages.
[6]
Home occupations.
[7]
Home professional offices.
[8]
Residential agriculture.
[9]
Accessory apartments.
D.
General requirements.
(1)
Minimum acreage. The minimum tract acreage in this zoning district shall be 20 acres for an SHD/R-2 development.
(2)
Maximum density: six dwelling units per acre.
(3)
Low- and moderate-income family set aside. A minimum of 20% of the total number of dwelling units proposed for the development under this zone shall be set aside for low- and moderate-income housing. The specific structure of the set aside shall conform with the affordable housing section of this Land Development Ordinance.[1]
(4)
Balance of units (not set aside for low- and moderate-income households) may be priced at levels consistent with conventional market rate units or housing in the area and shall not otherwise be considered exclusive or luxury.
(5)
Community water service is required, either on site or brought in from off site.
(6)
Community wastewater treatment and disposal is required on site or to an existing treatment facility with adequate capacity. Final discharge in either case is preferred to be subsurface in nature and subject to West Milford Township Municipal Utilities Authority and New Jersey Department of Environmental Protection approval.
(7)
Unique and creative housing approaches shall be considered in conjunction with the development within this zone. The design of special housing district projects shall, however, conform to the requirements set forth herein.
(8)
Natural features. The natural features provisions of this chapter, as described in § 500-71, apply to this zone.
(9)
Water and sewerage shall be constructed to meet the West Milford Township Municipal Utility Authority's criteria for public acceptance as well as the requirements of New Jersey Department of Environmental Protection and the adopted Wastewater Management Plan.
(10)
The Planning Board shall have the option to recommend that the internal road system be public roads if it will foster the objectives of the zone.
(11)
Maximum building height. No building shall exceed 35 feet in height or 2 1/2 stories, whichever is less.
(12)
Buffers. The minimum buffer along a public roadway shall be 100 feet. The minimum buffer area along the side and rear property lines shall be 50 feet.
(13)
Rental units. An overlay zone is established providing low- and moderate-income rental housing units at a gross density of eight rental units per acre at a 15% set-aside for low- and moderate-income units. The maximum number of rental units permitted under this provision is 54 units.
E.
Minimum off-street parking and loading. Dwelling units shall each provide two parking spaces per unit. Fifty percent of the required spaces may be eight feet by 18 feet, and their attendant aisle widths may be reduced by 10%. Bed-and-breakfasts shall provide one space per guest room in addition to the required two spaces for the permanent residence.
F.
Open space requirements. Open space land required. Land area equal to a minimum of 20% of the tract of land proposed for residential development shall not be included in lots and shall be set aside for conservation, open space, recreation and park areas. Such land shall be optimally related to the overall plan and design of the development and improved to best suit the purpose for which it is intended. Land utilized for street rights-of-way shall not be included as part of the above 20%. Land to be devoted to public purposes may be offered to the Township or may be owned and maintained by a resident association. Any lands intended to be offered to the Township for public purposes shall be so declared prior to preliminary approval. All lands not offered to and/or not accepted by the Township shall be owned and maintained by a resident association. Streets within the development may be dedicated to the Township as determined by the Planning Board.
G.
Resident associations. A resident association, established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, recreation and park areas, shall be in accordance with N.J.S.A. 40:55D-43 and the following provisions:
(1)
Membership in any created resident association by all property owners shall be mandatory. Such required membership in any created resident association and the responsibilities upon the members shall be in writing between the association and the individual in the form of a covenant, with each member agreeing to his liability for his pro rata share of the association's costs, providing that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of such covenants shall be reviewed by both the Township Attorney and the Planning Board Attorney prior to final approval.
(2)
Executed deeds shall be tendered to the Township simultaneously with the granting of final approval stating that the prescribed uses of the lands in the common ownership shall be absolute and not subject to reversion for possible development in the future.
(3)
The resident association shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the resident association and shall hold the Township harmless from any liability.
(4)
Any assessment levied by the resident association may become a lien on the private properties in the development. The duly created resident association shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.
(5)
The resident association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the planned development, along with the covenant and model deeds and the articles of incorporation of the association, prior to the granting of final approval by the Township.
(6)
Part of the development proposals submitted to and approved by the Township shall include provisions to insure that control of the resident association will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the by laws that the resident association shall have the maintenance responsibilities for all lands to which it holds title.
(7)
The Construction Official of the Township shall administer the resident association's provisions of this chapter in accordance with N.J.S.A. 40:55D-43.