West Milford City Zoning Code
ARTICLE VI
Limited Manufacturing and Industrial
§ 500-45 Purpose.
The Limited Manufacturing and Industrial Zone (LMI) is located to take advantage of major highway access, railroad access and proximity to the airport facility. The standards are intended to require maximum attention to proper site designing, including the location of structures and parking areas, proper ingress and egress, development of an interior street system, architectural design landscaping and the compatibility of any proposal with the natural foliage, soils, contours, drainage patterns and the need to avoid visual intrusions and performance nuisances upon adjacent residences or residential zones. It is intended that existing foliage and natural features be retained and enhanced in relation to the site as well as the surrounding area.
§ 500-45.1 Definitions.
[Added 12-20-2017 by Ord. No. 2017-018]
As used in this chapter, the following terms shall have the meanings indicated:
Any organic material that, when accumulated, will become active compost.
A recycling center that receives, stores, processes and/or transfers Class B recyclable material. Class B recyclable material means a source-separated, recyclable material which is subject to DEP approval prior to receipt, storage, processing or transfer at a recycling center in accordance with N.J.S.A. 13:1E-99.34b, and which includes, but is not limited to, the following:
Source-separated, nonputrescible waste concrete, asphalt, brick, block, asphalt-based roofing scrap and wood waste;
Source-separated, nonputrescible waste materials other than metal, glass, paper, plastic containers, corrugated and other cardboard resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings, pavements and other structures;
Source-separated whole trees, tree trunks, tree parts, tree stumps, brush and leaves provided that they are not composted;
Source-separated scrap tires; and
Source-separated, petroleum-contaminated soil.
The controlled biological degradation of organic matter to make compost.
The manufacture of horticultural mulch from wood, wood products or similar materials. This term does not include the production of mulch as a byproduct of on-site farming.
§ 500-46 Principal permitted uses on the land and in buildings.
Principal permitted uses shall be:
A.
Offices and office buildings.
B.
Laboratories of an experimental, research or testing nature which carry on processes within completely enclosed buildings and which do not produce noticeable noise, vibration, smoke, dust, odors, heat, glare, disease, or health hazards outside the buildings, or negatively impact any environmental media.
C.
Industrial plants, provided that the synthesis of chemical products for direct industrial sale is not involved in the manufacturing, assembling or fabricating process.
D.
Wholesale distribution centers and warehouses.
E.
Industrial parks on tracts of land at least 25 acres in area comprised of the preceding uses.
F.
Farms.
G.
Public utility uses as conditional uses under N.J.S.A. 40:55D-67. See § 500-96 for additional standards.
H.
Construction enterprises, including contractors' storage yards, vehicle repair garages and body shops.
I.
Soil removal operations pursuant to Chapter 460, Soil Removal and Soil Fill, of the Code of the Township of West Milford.
J.
Bed-and-breakfasts.
[Added 1-21-1998 by Ord. No. 1998-1]
K.
Wireless telecommunications facilities in the LMI Zone, provided that the subject property or properties are improved with a principally permitted use, subject to the following:
[Added 7-1-1998 by Ord. No. 1998-12; amended 12-11-2003 by Ord. No. 2003-51]
(1)
Proposed activity shall be placed on one of the following, as applicable:
(a)
Antennas being placed on public streetlights, telephone poles and utility stanchions, the height of the antennas shall not exceed five feet above the existing pole or stanchion. The support equipment is subject to:
(b)
Monopoles or lattice towers that were approved by the Planning Board or Zoning Board prior to the enactment of this Subsection K, but not extending the height of the support structure.
(c)
Wireless telecommunications facilities disguised within new or existing freestanding flagpoles or decorative light stanchions, as follows:
[1]
The height of the structure shall not exceed 60 feet;
[2]
Freestanding flagpoles and decorative light stanchions shall maintain the accessory building setbacks as specified in § 500-48 and shall maintain a minimum front yard setback of 10 feet;
[3]
Freestanding flagpoles and decorative light stanchions shall not impede vehicular or pedestrian traffic nor cause sight distance impediments for vehicles entering or exiting a site.
(d)
Roof structures, provided that no aspect of the wireless telecommunications facility is visible from ground level when viewed from street frontage.
(2)
Equipment shelters to service antennas not located on telephone poles or streetlights shall be set back a minimum of 15 feet from all property lines and shall be camouflaged in a structure that is architecturally complementary to the antenna camouflage and the surrounding buildings, or may be located on the roof, provided that no aspect of the wireless telecommunications facility is visible from ground level when viewed from street frontage.
(3)
All facilities shall be suitably secured in accordance with § 500-68, Fences, walls and sight triangles, of this chapter.
(4)
Landscaping as screening shall be provided around the security fencing.
(5)
All electrical connections, wires and conduit from the antenna's structures to the ground structures shall be installed underground.
(6)
In the event such wireless telecommunications facilities are abandoned or not operated for the use as approved for a period of six months, the same shall be removed, at the option of the Township, at the sole expense of the property owner.
§ 500-47 Accessory uses permitted.
A.
Off-street parking.
C.
Garages, storage buildings and other customary accessory uses incidental to the principal use.
D.
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 trailers and sign are on the site where construction is taking place and are set back at least 15 feet from all street and lot lines.
E.
Employee cafeterias as part of a principal building, provided the cafeteria is limited in service to the employees of the principal use designated on the site plan as approved by the Board.
§ 500-47.1 Conditional uses permitted.
[Added 12-20-2017 by Ord. No. 2017-018]
C.
The following are the conditional use standards in the LMI Zone:
(1)
Minimum lot/tract area of five acres.
(2)
Topsoil and/or mulch operations shall not exceed 30% of the total lot/tract area.
(3)
Any area in which materials are stored or sold shall be at least 300 feet from any residential structure and 25 feet from any property line, with said distances being measured in a straight line between the material storage/sale area and the closest residential structure or property line. This requirement may be reduced up to 50% when there is sufficient year-round visual screening as determined by the Township Engineer.
(4)
No material stockpile shall exceed 25 feet in height except upon favorable recommendation in that it does not jeopardize the public health, safety or aesthetics of the Township by the Township Engineer and the Hudson/Essex/Passaic Soil Conservation District (HEPSCD).
(5)
No piece of equipment, such as trucks, screeners, backhoes, loaders, etc., and any activity relating to the storage, sale or use of said products shall be located outside the setbacks set forth in § 500-47.1C(3).
(6)
The approving authority, at its discretion, may require the visual screening of material storage and sales areas, driveways, roads, parking areas, and equipment work areas for the protection of the general public and neighboring properties. Visual screening may include, but shall not be limited to, fences, vegetation, earth berms, or any combination of these features.
(7)
The applicant shall provide adequate protection of adjacent and neighboring properties from any airborne materials and stormwater runoff that may be created by or result from the activities carried out on the property.
(8)
All driveways, access roads and parking areas shall be constructed of asphalt, concrete or compacted stone. All compacted stone surfaces must be maintained in such a way as to prohibit dust or dirt from becoming airborne.
(9)
All equipment repairs shall be performed inside a building. The building shall be sited to comply with the setback requirements specified above. Repair of equipment shall be limited to equipment owned by the applicant and used for the conduct of the specified activities.
(10)
For the protection of the general public and neighboring properties, this use may be operated between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, 8:00 a.m. and 1:00 p.m., Saturdays, and no Sunday or holiday operations, unless otherwise approved by the approving authority.
(11)
The operator of a Class B recycling facility must provide a valid and current Class B general approval or notification of exempt recycling activity issued by the New Jersey Department of Environmental Protection and proof of full compliance with the standards set forth in N.J.A.C. 7:26a-1.1 et seq., including but not limited to county and NJDEP approval, or Class B exempt status upon request by Township officials. Only one Department of Environmental Protection (DEP) Class B exempt status will be permitted.
(12)
The operator of the facility must file with the Township's Zoning Officer a valid and current soil erosion and sediment control plan certification issued by the Hudson/Essex/Passaic Soil Conservation District. All amendments and updates to the approved plan must be filed with the Zoning Officer within five days of approval by the Hudson/Essex/Passaic Soil Conservation District.
(13)
The operator of the facility must file with the Township's Zoning Officer documentation certifying that this site is included in the Passaic County Solid Waste Management Plan within 15 days of such approval.
(14)
The operator of the facility must file with the Township's Health, Fire and Zoning Officers a current operational manual specifying methods and schedules for noise and dust control and off-tract street cleaning, and on-site fire suppression facilities and ensure that all related updates are filed with said Township officials within seven days of any amendments thereto.
(15)
All deliveries for topsoil and/or mulch operation shall provide documentation verifying material is free of hazardous and/or contaminated material, and the operator of the facility must produce such documentation upon request by Township officials.
(16)
The site operator must maintain records and engage in a process of adequate, reliable recordkeeping to demonstrate that the facility is operating within its volume limitations. In addition to these records being filed with the DEP, copies must be filed monthly with the Township's Zoning Officer and made available for public inspection.
(17)
This legislation does not preclude any recycling, composting and topsoil operation as governed herein from obtaining all necessary approvals, including but not limited to municipal land use approvals, DEP approvals, Highlands Act approvals, Soil Conservation approvals and any other approvals related to the activities at the approved site.
§ 500-48 Area and yard requirements.
No provision stipulated herein shall prohibit a permitted use from being situated adjacent to a railroad right-of-way for purposes of loading and unloading materials.
Minimum Requirements | Individual Uses | Industrial Park Uses | |
|---|---|---|---|
Principal buildings | |||
Tract area | — | 25 acres | |
Lot area (acres) | 3 | 2 | |
Lot frontage (feet) | 300 | 200 | |
Lot width (feet) | 300 | 200 | |
Lot depth (feet) | 300 | 200 | |
Side yard, each (feet) | 75 | 50 | |
Front yard (feet) | 125 | 75 | |
Rear yard (feet) | 75 | 50 | |
Accessory buildings | |||
Distance to side line (feet) | 50 | 25 | |
Distance to rear line (feet) | 50 | 25 | |
Distance to other building (feet) | 50 | 25 | |
Maximum Coverage* | Individual Uses | Industrial Park Uses | ||
|---|---|---|---|---|
Combined principal and accessory buildings | 35% | 35% | ||
Total impervious | 70% | 70% | ||
*NOTE: The maximum building coverage may increase by a square footage amount equal to that square footage of the buildings used for inside parking and/or loading, provided that in no case shall the maximum building coverage exceed 50%. |
§ 500-49 General requirements.
A.
Gross floor area minimum. Each principal building shall have a minimum gross floor area of 5,000 square feet.
B.
Any principal building may contain more than one principal use or organization.
C.
Maximum building height. No buildings shall exceed 35 feet in height.
[Amended 7-1-1998 by Ord. No. 1998-12; 12-11-2003 by Ord. No. 2003-51]
D.
At least the first 50 feet adjacent to any street line and rear lot line and 40 feet adjacent to any side lot line shall not be used for parking, shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.
E.
No merchandise, products, equipment or similar material or objects shall be displayed or stored outdoors unless specifically approved by the Planning Board during the site plan review. The exception to this shall be outdoor storage of boats and boat trailers which shall be permitted as an accessory use, provided that all boats and trailers shall be screened from view by fencing, walls, landscaping, or such other means as approved by the Planning Board.
F.
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
G.
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assure that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas, zero runoff is a requirement.
H.
A minimum buffer area of 75 feet in width shall be provided along any common property line with a residential district or residential use.
§ 500-50 Minimum off-street loading.
A.
Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area at the side or rear of the building. Each space shall be at least 15 feet by 40 feet, and one space shall be provided for every 8,000 square feet of gross floor area or fraction thereof in each building. There shall be no loading or unloading from the street.
B.
Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.
C.
There shall be at least one trash, recycling, and garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or a pickup location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from the parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading areas, provided the container in no way interferes with or restricts loading and unloading functions.
§ 500-51 Minimum off-street parking.
A.
Offices and laboratories shall provide parking at the ratio of four spaces per 1,000 square feet of gross floor area.
B.
Industrial plants and wholesale distribution centers and warehouses shall provide parking at the ratios of one space for every 1,000 square feet of gross floor area used for inside storage and warehousing, in addition to one space for every 700 square feet of gross floor area used for manufacturing, research, or testing and one space for every 200 square feet of gross floor area used for offices. Additionally, one space shall be provided for every vehicle owned and/or operated by the use operating from the site.
C.
Public utilities shall provide sufficient spaces and maneuvering area to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.
D.
Bed-and-breakfasts shall provide one space per guest room in addition to the two required spaces for the permanent residence.
[Added 1-21-1998 by Ord. No. 1998-1]