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The Data Center Divide

West Milford Township

Neutral Data Center Policies

West Milford township permits computer centers in its Office Research Zone, but sites must meet zoning rules, including a 10-acre minimum lot and 40-foot height limit.

current law · Township of West Milford
Mandates affordable-housing set-asides for qualifying multifamily and single-family attached residential developments to implement the New Jersey Fair Housing Act and the Township’s affordable-housing obligations.West Milford Township Ordinance 2026-007 (2026)

What this means

The measure allows computer centers as a permitted use in the Office Research Zone, giving them a clear path to seek approval there. But eligible sites must meet substantial general zoning rules, including a 10-acre minimum lot and a 40-foot height limit, so the benefit is modest and limited to that zone.

People behind it

  • Governing body that introduced and adopted Ordinances 2026-007, 2026-008, and 2026-009.

  • Moved Ordinances 2026-007 and 2026-008 for adoption.

  • Seconded Ordinance 2026-007 and moved Ordinance 2026-009 for adoption.

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  • Seconded Ordinance 2026-008.

  • Seconded Ordinance 2026-009.

  • Directed the traffic review underlying Ordinance 2026-009.

  • Directed the traffic review underlying Ordinance 2026-009.

  • Requested the traffic review and resulting Ordinance 2026-009.

  • Provided findings and recommendations supporting Ordinance 2026-009.

  • Consultant Township Engineer that certified the need for the traffic controls and street designation in Ordinance 2026-009.

  • Authorized administrator under Ordinance 2026-007 to require affordable-housing set-asides when permitting qualifying residential development.

  • Responsible under Ordinance 2026-008 for oversight and administration of West Milford's affordable-housing program.

  • Responsible under Ordinance 2026-008 for administering affordability controls, affirmative marketing, applications, and compliance for restricted units.

Restrictions & requirementsHide restrictions & requirements15
  • Computer centers are listed as permitted principal uses only in the Office Research (OR) Zone, limiting where a data center may be located under this article.

  • An OR-zoned data-center site must contain at least 10 acres and meet minimum dimensional standards of 350 feet of frontage, 350 feet of width, and 500 feet of depth.

  • OR-zone development is subject to required setbacks of 100 feet from the front property line, 75 feet from side property lines, and 150 feet from the rear property line.

  • Building size in the OR Zone is limited by a floor-area ratio of 0.20 for one-story buildings and 0.27 for multistory buildings.

  • Maximum impervious coverage is limited to 50% of the lot area.

  • Buildings are limited to three stories and a maximum height of 40 feet.

  • Areas not used for buildings, parking, loading, access aisles, driveways, or pedestrian walkways must be landscaped and maintained.

  • A minimum buffer of 50 feet is required along each side property line and 100 feet along each rear property line; where an OR use borders a residential zone or use, the buffer must be at least 100 feet.

  • Natural plant life must be preserved within buffer areas as much as practicable, and the Planning Board may require additional landscaping where existing vegetation does not provide sufficient screening.

  • Parking is prohibited within 75 feet of the front street line, on-street parking is prohibited in that area, and all parking and service areas must be screened from adjoining properties and streets.

  • Each activity must provide off-street loading and unloading at the side or rear of the building; each loading space must be at least 15 feet by 40 feet, and loading or unloading from the street in front of the building is prohibited.

  • New nonresidential construction on an unimproved lot or lots is subject to a development fee equal to 2.5% of the land and improvements' equalized assessed value, unless an applicable exemption applies.

  • Additions to existing structures used for nonresidential purposes are subject to a development fee equal to 2.5% of the increase in equalized assessed value, subject to stated exemptions.

  • A demolished-and-replaced nonresidential structure is subject to a 2.5% development fee calculated on the increase between the preexisting and newly improved equalized assessed values; the fee is zero if the calculation is negative.

  • The development-fee provisions cannot take effect until approved by the New Jersey Department of Community Affairs, and collected fees cannot be spent until an approved spending plan is in place.

Benefits & exceptionsHide benefits & exceptions6
  • Computer centers are expressly permitted as a principal use in the Office Research Zone, so a data center may be developed there without requiring a use variance, subject to other applicable approvals.

  • The Office Research Zone allows accessory maintenance, utility, and storage facilities incidental to the principal use, which can support data-center operations on the same lot and generally within the principal building.

  • The Office Research Zone permits accessory employee-serving facilities, including restaurants or cafeterias, in-service training schools, assembly halls, and indoor or outdoor recreation facilities, subject to the stated limits and site-plan requirements.

  • The Office Research Zone has large-lot development standards that accommodate major facilities: a minimum ten-acre lot, 350-foot frontage and width, 500-foot depth, floor-area ratios of 0.20 for one-story buildings and 0.27 for multistory buildings, and maximum impervious coverage of 50%.

  • Public utilities are permitted uses in the Office Research Zone, subject to the separate public-utility provisions and definitions in Chapter 500.

  • Nonresidential development fees do not apply to increases in equalized assessed value resulting from alterations, changes in use within an existing footprint, reconstruction, renovations, or repairs, which can reduce costs for qualifying data-center expansions or upgrades.

Sources

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