[Added 6-17-1992 by Ord. No. 1992-09; amended 12-1-1993 by Ord. No. 1993-19; 2-2-1994 by Ord. No. 1994-01; 12-27-2001 by Ord. No.
2001-42]
A. Administration.
(1)
A building permit is required to construct,
erect, enlarge or alter any fence or wall in excess of three feet
or any type of fence to enclose a swimming pool pursuant to the BOCA
National Building Code.
(2)
Application shall be made in writing and include
the following information:
(a)
The name and address of the owner of the premises
where the fence or wall is to be erected.
(b)
A description and specifications of the fence
or wall, including size, height, materials, and size and percentage
of openings.
(c)
A sketch or plan of the fence, which shall show
abutting streets, distance to the nearest intersection, and the location
of structures within 20 feet of the proposed fence or wall.
(d)
For fences to be located at or near the property
line, either a written agreement from the adjoining property owner
as to the location of the fence or identification of the property
line in the field by a licensed surveyor.
(3)
Open wire fences within publicly owned parks,
playgrounds, or school premises are exempted from the requirements
of this section.
(4)
Retaining wall construction is governed by standards
and requirements in other articles of the Code.
B. Location and height.
(1)
Fences and walls shall not be governed by setback
requirements for accessory structures.
(2)
No wall over two feet high or solid fence (defined
as having less than 50% of the fencing material open) shall be erected
within the required front yard in any district.
(3)
All pools shall be fenced in accordance with
the regulations for pool fencing in the BOCA National Building Code.
(4)
Fences and walls in residential districts.
(a)
Open fences (defined as having more than 50% of the fencing material open) not exceeding four feet in height may be erected within the front yard area in a residential district, provided they do not encroach on the corner clearance requirements of §
243-63N or any sight lines required by §
105-4D for driveways either on the property or immediately adjacent to it.
(b)
Open or solid fences not exceeding six feet
in height and walls not exceeding four feet in height may be erected
in a required side or rear yard in a residential district. Walls over
four feet shall only be allowed if the proposed construction and installation
are reviewed and approved by the Township Engineer. However, where
a residential use abuts a nonresidential use or zone, a fence may
extend to eight feet in height.
(c)
Fences, walls and any support structures shall
be located so as to not encroach on an adjoining property.
(5)
Fences and walls in nonresidential districts.
(a)
Open fences not exceeding four feet in height may be erected within the front yard area in a nonresidential district, provided they do not encroach on the corner clearance requirements of §
243-63N or any sight lines required by §
105-4D for driveways either on the property or immediately adjacent to it.
(b)
Open or solid fences not exceeding eight feet
in height and walls not exceeding four feet in height may be erected
in a required side or rear yard in a nonresidential district. Walls
over four feet shall only be allowed if the proposed construction
and installation are reviewed and approved by the Township Engineer.
(6)
Fences for agricultural purposes.
(a)
Open fences not exceeding six feet in height may be erected within the front yard area in any zone district, provided they are accessory to a commercial farm operation and do not encroach on the corner clearance requirements of §
243-63N or any sight lines required by §
105-4D for driveways either on the property or immediately adjacent to it. Such fences may be increased to eight feet in height if they are set back in excess of 25 feet from the front property line.
(b)
Open or solid fences not exceeding eight feet
in height may be erected in a required side or rear yard in any zone
district.
(c)
Fences and walls associated with the residential portion of the farm property shall be subject to the requirements of Subsection
B(4) above.
(7)
Fences for tennis courts. A tennis court area,
located in rear yard areas only, may be surrounded by a fence a maximum
of 15 feet in height; said fence to be set back from any lot line
by at least 25 feet or the distance required for accessory structures
in the zoning district in which it is located, whichever is greater.
(8)
Fences for dog runs. A dog run or privacy area
may have fencing a maximum of six feet in height, provided such area
is located in rear yard areas only and is set back from any lot line
by at least 15 feet or the distance required for accessory structures
in the zoning district in which it is located, whichever is greater.
(9)
Fences, walls and retaining walls are not permitted
to be installed within drainage or utility easements nor in flow paths
outside of drainage easements such as swales that convey stormwater
except that:
[Added 8-6-2003 by Ord. No. 2003-15]
(a)
Fences can be installed within drainage easements
strictly for swales where there is no underground piping as long as
the fencing is located at least six inches above the invert of the
swale where the swale is crossed by a fence and the fencing is located
at least five feet away from the swale center line where the fencing
parallels the swale.
(b)
Fences can be installed within or adjacent to
flow paths such as swales that are not situated within a defined right-of-way
or drainage easement if the fencing is located at least six inches
above the invert of a flow path where the flow path is crossed by
a fence and the fencing is located at least three feet away from the
center line of the flow path where the fencing parallels the flow
path.
(c)
If a flow path such as a swale conflicts with the location of a proposed fence, wall or retaining wall, the flow path may be relocated with the approval of the Township Engineer. A plan depicting the relocation and compliance with the setback provisions in Subsection
B(9)(b) above must be furnished to the Township Engineer for review and approval.
C. Installation and maintenance.
(1)
All fences and walls shall be erected with the
framework or supporting structure facing the inside of the lot, that
is, with the finished side of the fence facing the exterior of the
lot on which the fence is located.
(2)
All fences and walls shall be maintained in
a safe, sound, upright condition.
(3)
All fences and walls must be erected within
the property lines, and no fence or wall shall be erected so as to
encroach onto a public right-of-way or public easement.
(4)
All fences and walls must be erected on a commercial
farm operation as covered by regulations or standards adopted by the
State Agricultural Development Committee, those standards shall also
apply and, if different, shall take priority over local requirements.
(5)
The following fences and fencing materials are
specifically prohibited in all zone districts: barbed wire or electric,
except in conjunction with commercial farm operations, agricultural
uses or livestock containment and installed in accordance with any
standards provided or referenced by the State Agricultural Development
Committee, canvas, cloth, expandable and collapsible fences.
[Added 12-3-2003 by Ord. No. 2003-19]
A. Outdoor bulk storage. Outdoor bulk storage is defined as the stockpiling
or warehousing of vehicles, merchandise, materials and machinery outside
the enclosed confines of a building, including but not limited to
sand, gravel, soil, asphalt, lumber, pipes, plumbing supplies, metal,
concrete, insulation, construction equipment, construction vehicles,
construction materials, storage trailers and containers. In zoning
districts where outdoor bulk storage is permitted as an accessory
use, the following requirements shall apply:
[Amended 7-6-2011 by Ord. No. 2011-07; 11-2-2011 by Ord. No.
2011-15]
(1)
Outdoor bulk storage is prohibited in the front yard setback except for nursery stock accessory to a garden center subject to the requirements contained in Subsection
A(8) hereof. Outdoor bulk storage must be located in the rear or side of the principal building to which it is accessory. The approving board may grant variance relief with respect to this provision where it determines there will be no adverse visual impact, subject to the setback provisions of Subsection
A(2) hereof.
(2)
Outdoor bulk storage shall meet the minimum rear and side yard setback standard for accessory structures for the zone in which the principal building is located subject to the standards set forth in Subsection
A(3). A barrier such as curbing, fencing, or wooden or metal guardrail shall be installed along the storage setback line to prevent encroachment by the storage material. Under no circumstances shall any stored material leave the site by natural causes or forces such as wind or water.
(3)
Outdoor bulk storage shall not exceed a height of 14 feet above
the underlying existing or proposed grade unless the minimum rear
and side yard setback standard for accessory structures for the zone
in which the principal building is located is increased by one foot
for every foot of height above 14 feet. No outdoor bulk storage shall
exceed a height of 25 feet.
(4)
Outdoor bulk storage shall be allowed only in conjunction with
the principal or conditional use conducted on the property.
(5)
The area utilized for outdoor bulk storage shall
be considered impervious surface and shall be included in calculating
the total impervious surface or lot coverage, which shall not exceed
the requirements established for the zone.
(6)
All outdoor bulk storage shall be buffered and
screened from adjoining properties and streets by means of fencing
and landscaping as required for each zoning district.
(7)
Outdoor bulk storage is prohibited in all residential
zones except for those items customarily used in conjunction with
and incidental to a residential use.
(8)
Outdoor storage of nursery stock, accessory
to a garden center, which cannot ordinarily be accommodated indoors
is permitted within the front yard setback subject to the following:
(a)
Site plan review and approval by the Planning
Board.
(b)
Nursery stock shall not be located closer than
25 feet to the street right-of-way and property lines.
(c)
Nursery stock shall occupy no more than 50%
of the front yard area.
(d)
Nursery stock shall consist exclusively of plant
material.
(9)
None of the provisions contained in this §
243-64.2 shall apply to the outdoor storage of farm machinery and the products of commercial agriculture for a farm located in any zone in the Township.
B. Outdoor display of merchandise. In zoning districts
where the outdoor display of merchandise is permitted as an accessory
use, the following minimum requirements shall apply:
(1)
The displayed merchandise must be directly related
to the principal use conducted on the property.
(2)
The displayed merchandise shall be located no
closer than 15 feet to any property line and 25 feet to any street
right-of-way and residential district.
(3)
The area devoted to such display shall be no
greater than 200 square feet in total for the lot or tract.
(4)
The display area shall be separate and apart
from any required sidewalk, off-street parking or loading area, or
any public street or right-of-way and in no way obstruct any required
emergency lane. Sidewalks shall not be reduced in effective width
by the presence of merchandise below the standards established by
the Code of Lopatcong Township.
(5)
The area shall be utilized for display of merchandise
only during store hours, not to exceed 12 hours per day, and may not
otherwise be used as a storage area.
(6)
Outdoor display of merchandise is prohibited
in all residential zones.
[Added 5-2-2001 by Ord. No. 2001-12]
A. Purpose. The preservation, protection and enhancement
of the Morris Canal is necessary because:
(1)
The Morris Canal is recognized as a cultural
resource of national importance by its inclusion on the State and
National Registers of Historic Places.
(2)
The Morris Canal was of great significance locally
to the social and economic development of Warren County as a whole
and of the individual municipalities through which it passed and is
so recognized by its inclusion in Warren County's Open Space Plan.
(3)
The Morris Canal has environmental importance
as a drainageway, water retention basin and, in many cases, as a portion
of valuable natural area watersheds.
B. Zone designations. The definition of the Morris Canal
corridor on the Municipal Zoning Map shall include:
(1)
The canal right-of-way levels, prism, basins,
locks and inclined planes.
(2)
Adjacent features, sites and structures, such
as boat yard, of primary importance to the operation of the canal.
(3)
In addition, areas of special sensitivity within
the zone, including but not necessarily limited to special features,
such as the inclined plane, locks and boat basins and yards, shall
be designated.
C. Prohibitions. The following shall be prohibited:
(1)
The indiscriminate dumping, filling and/or destruction
within the zone of the canal prism, towpath, banks and other related
physical features, both above and below ground.
(2)
The issuance of building permits within the
canal zone that would negatively impact the extent of cultural resources
and/or the function of the canal as a drainageway, retention basin
or portion of a natural area watershed.
D. Provisions for driveways, underground utilities, sanitary
and stormwater sewers, streets, etc. The crossing of and excavation
within the canal zone for any of the above-mentioned purposes is to
be allowed only when there is no feasible and prudent alternative
and when such action is clearly in the public interest. Provisions
in these circumstances are to include:
(1)
For utilities and sewers, work is to be done
in such a manner as to minimize the disturbance and/or destruction
of significant features, both above and below ground, and any such
features disturbed and/or destroyed in such work are to be restored
to their preexisting condition as closely as is feasibly possible.
[Added 2-5-2003 by Ord. No. 2003-3]
A. Purpose. The purpose of this section is to provide
special development controls for lands associated with ridgelines
that have been identified as unique natural and cultural resources
of Lopatcong Township. These ridgeline areas have been placed in a
ridgeline protection area in order:
(1)
To preserve the topographic features and wooded
character of the ridgeline areas in essentially their natural state.
(2)
To preserve the scenic views both from and of
these visually dominating ridgelines.
(3)
To retain the natural character of the area
by minimizing the loss of natural vegetation and tree cover.
(4)
To encourage construction practices which minimize
disturbances of the natural topography and discourage grading activities,
which cause extensive cuts and fills.
(5)
To prevent the loss of soil and encourage management
practices that minimizes the concentration of stormwater runoff and
maximizes its recharge into the groundwater reserves of the Township.
B. Impacts of construction on ridgelines. These controls
are provided in recognition of the potential negative impacts of construction
within ridgeline areas that could result in the destruction of these
unique landforms and their scenic and cultural ties to the community.
Applicants for development of property that includes a ridgeline area
are encouraged to locate their proposed site improvements (roads,
structures, buildings) on areas of the tract that are not in a ridgeline
protection area.
C. Definitions. The following definitions shall apply
for the purposes of this section.
RIDGELINE
A topographic feature consisting of a linear series of crests
that can be connected in a series by drawing an imaginary line connecting
the highest points of topographic relief within an area.
RIDGELINE PROTECTION AREA
Includes those ridgelines depicted on a map entitled "Lopatcong
Township Ridgelines." The protection area shall extend outward from the ridgeline
a minimum of 100 feet in all directions or to an imaginary line formed
by connecting the uppermost contour line of adjacent 25% or greater
slopes that are located closest to the ridgeline, whichever is the
greater distance from the ridgeline. If the area is not fully enclosed
by slopes of 25% of greater slopes, then the Ridgeline Protection
Area boundary line shall be drawn approximately parallel to the ridgeline
but not less than 100 feet in width as measured from the ridgeline.
D. Applicability. The requirements, guidelines and controls
promulgated under this section shall be applicable to site plan and
subdivision applications and building permits for new construction.
The Planning Board or Zoning Board of Adjustment shall review all
plans submitted under this section as part of any application for
site plan or subdivision approval. The Construction Official shall
refer applications for building permits for new buildings to the Township
Engineer for review to assure compliance with this section.
E. Waiver of requirements. If, in the opinion of the Township Engineer, compliance with this §
243-65.2 cannot be accomplished, the Township Engineer shall refer the applicant to the Planning Board for review and approval of any waivers prior to site plan or subdivision approval, or the issuing of a construction permit by the Construction Official for an existing lot of record.
F. Performance standards for ridgeline protection areas.
The following performance standards shall be applicable to proposed
development activities that occur in a ridgeline protection area.
(1)
Applicants shall determine whether a ridgeline
and/or a ridgeline protection area as depicted on a map entitled "Lopatcong
Township Ridgelines," dated June 2002, is on or within 100 feet of
the property that is the subject of the application. Said map is intended
as a guideline and is subject to further clarification by the Township
Engineer for each property that may be affected.
(2)
The applicant shall depict all ridgelines and
ridgeline protection areas as shown on said map that are on or within
100 feet of the applicant's property.
(3)
In addition to depicting all ridgelines as shown
on the Township map that are on or within 100 feet of the aforesaid
applicant's property, the applicant shall further depict any landform
on its property meeting a definition of a ridgeline and ridgeline
protection area as contained herein.
(4)
The applicant shall depict all ridgeline protection
areas on the plans that accompany an application for the Board's approval.
The location of the depicted ridgeline protection areas shall be subject
to the review and approval of the Board Engineer.
G. Prohibitions. There shall be no roads, driveways, buildings or other structures located within the ridgeline protection area except as provided for in §
243-48.1, Design standards for ridgeline protection areas.
H. Compliance. Any property within the Township that contains a ridgeline protection area may be subdivided and developed in accordance with the area, lot, and bulk regulations for the applicable zoning district. If any disturbance is proposed within a ridgeline protection area, that construction shall comply with all design standards for ridgeline protection areas as contained in §
243-48.1
I. Fees. There shall be a review fee of $250, in addition
to any other fees, for any application for development or request
for a construction permit for properties subject to this section.
J. Review period. For review in conjunction with an application
for development, the review time for compliance with this section
shall coincide with the review time of the development application.
For review in conjunction with a request for a construction permit,
the Township Engineer shall review and approve, conditionally approve,
or reject the permit application within 30 days of the date a complete
application is submitted.
K. Precedence. Within the boundaries of a ridgeline protection
area, the regulations concerning these ridgeline protection areas
shall take precedence over any conflicting laws, ordinances and codes.
L. Effective date. The requirements of this section shall
take effect following final passage at a public hearing to be conducted
thereon and publication in accordance with the requirements of law.
[Added 8-19-2021 by Ord. No. 2021-07; amended 4-6-2022 by Ord. No. 2022-03]
A. Cannabis.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
B. Truck stops. Truck stops as defined in §
243-5 shall be prohibited in all zones within the Township.