A.
Permitted principal uses shall be as follows:
(3)
Senior citizen housing complexes in the R-100 Zone only, as regulated in § 243-70.
[Amended 11-1-2000 by Ord. No. 2000-31]
(4)
Townhouses and garden apartments in the R-MF Zone as regulated in § 243-68.
[Amended 8-5-1998 by Ord. No. 1998-21]
(6)
Farms.
(7)
Municipal buildings, public schools and nonprofit
private schools, parks, playgrounds and recreation areas deemed necessary
and appropriate by the Township.
[Amended 11-1-2000 by Ord. No. 2000-31; 2-7-2007 by Ord. No. 2007-02]
(8)
Churches and other similar places of worship, parish
houses, convents and other such facilities of recognized religious
groups, except in the R-5/2 and R-10/2 Zones.
[Amended 11-1-2000 by Ord. No. 2000-31]
(9)
Public and semipublic buildings such as libraries,
museums, transportation stations, other private schools, nonprofit
recreational clubs, fraternal organizations, eleemosynary uses and
other nonprofit uses similar in nature and scale to those permitted
above, except in the R-5/2 and R-10/2 Zones.
[Amended 11-1-2000 by Ord. No. 2000-31]
B.
Permitted accessory uses shall be as follows:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for not more than five domestic pets
of the household.
(4)
Other customary residential structures, such as private
swimming pools, fireplaces, trellises, lampposts and other similar
structures.
(5)
On farms only, customary farm buildings for the housing
of livestock or equipment located on the same parcel as the principal
use.
(6)
For townhouse, apartment and senior citizen housing
complexes only, accessory uses, such as common recreation facilities,
as are customary and typical to the proposed principal use.
(9)
"Home office use," meaning an office activity carried
on for gain by a resident in a dwelling unit, shall be a permitted
accessory use in residential zone districts, provided that:
[Added 5-3-2000 by Ord. No. 2000-06]
(a)
The use is limited solely to office use.
(b)
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit, and no other person.
(c)
No nonresident employees, customers or business
invitees or guests shall visit the dwelling unit for business purposes.
(d)
The use shall be located in only one room of
the dwelling unit, which shall not be served by an entrance separate
from the household.
(e)
Interior storage of materials shall only consist
of office supplies.
(f)
There shall be no change to the exterior of
buildings or structures because of the use and no outside appearance
of a business use, including but not limited to, parking, storage,
signs or lights.
(g)
The use operates no equipment or process that
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference with telephone, radio or television reception detectable
by neighboring residents.
(h)
The use does not require any increased or enhanced
electrical or water supply.
(i)
The quantity and type of solid waste disposal
is the same as other residential uses in the zone district.
(j)
The capacity and quality of effluent is typical
of normal residential use and creates no potential or actual detriment
to the sanitary sewer system or its components.
(k)
Delivery trucks shall be limited to United States
Postal Service, United Parcel Service, Federal Express and other delivery
services providing regular service to residential uses in the zone
district.
(l)
All vehicular traffic to and from the home office
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
(10)
Outdoor bulk storage as regulated in § 243-64.2A(7).
[Added 12-3-2003 by Ord. No. 2003-19]
C.
Conditional uses shall be as follows:
[Amended 5-5-1993 by Ord. No. 1993-10]
(1)
Small-lot single-family dwellings in the R-120 Zone,
but only in those areas of the zone currently developed or approved
for these units as part of the agreements and/or settlements resulting
in the Country Hills development.
[Amended 11-1-2000 by Ord. No. 2000-31]
(2)
Golf courses in R-3/2 Zone.
[Added 3-4-1998 by Ord. No. 1998-05]
(a)
Within the R-3/2 Zone only, golf courses shall
be a permitted conditional use, provided that any such use meets all
of the following three conditions:
[1]
The minimum land area is to be 150 acres.
[2]
The golf course is to consist of an eighteen-hole
facility with a total course length not less than 6,500 yards. Course
length shall be defined as the total of the distance for all 18 holes
from each furthest starting tee to the center of the green.
[3]
In the event that an applicant phases the construction
of the project, no accessory use is to be built prior to the completion
of at least nine holes of the full golf course. No subdivision is
to be permitted from the major tract until the full eighteen-hole
golf course is complete.
(b)
Permitted accessory uses. The golf course may
have, as an associated accessory use, a clubhouse with locker room,
bathroom and meal facilities for the public and patrons, with maximum
seating of 150 seats, but shall not include overnight accommodations.
Also permitted as an accessory use are such shop buildings and storage
buildings as may be reasonably necessary to store the equipment utilized
in the maintenance of the golf course, together with golf carts and
other similar equipment. Also permitted as an accessory use shall
be an eighteen-hole short golf course, without lighting, commonly
known as a "pitch-and-putt," with twenty-five- to one-hundred-yard
holes. The length of a hole shall be defined as the distance from
the furthest starting tee to the cup. Also permitted shall be a driving
range, which shall not include any covers or booths with roofs for
the use of patrons, but which may include sidewalks for safety purposes,
and which is to be unlighted.
(c)
Prohibited accessory uses. No miniature golf
shall be permitted, defined herein as a golf course on a miniature
basis, with any hole less than a total of 25 yards, or including any
hole designed for play around accessory structures or vegetation which
obstruct a direct line of sight from the tee to the hole, or which
are in the nature of an amusement.
(d)
Bulk standards. Any golfing facility or maintenance
structure or other structure shall be situated 75 feet from all property
lines, except that tees for the driving of golf balls may be placed
within 25 feet of the property sideline, provided that additional
plantings and fencing such as may be necessary to fully protect neighboring
properties shall be placed between such tees and the sidelines as
a buffer. The clubhouse and dining facilities shall be set back 400
feet from any street. The bulk standards of the R-3/2 Zone shall apply
to all other structures and accessory uses.
(e)
Parking area. A parking area suitable for a minimum of 150 cars shall be furnished. Lighting shall be furnished for the drive to the main building, for safety purposes only. All lighting of the golf course so as to make the same suitable for night play is prohibited. Lighting of the meal facilities is to be in accord with the generic site plan standards, § 243-48B.
(f)
Environmentally constrained areas. In the event
of any wetland situate within a golf course, the wetlands regulations
of the New Jersey Department of Environmental Protection and Energy
(NJDEPE), as amended and supplemented from time to time, are incorporated
herein by reference. The applicant shall file and maintain an Integrated
Turf Management Plan governing the applications of pesticides, herbicides,
fertilizers and other substances as a part of the ongoing maintenance
of the golf course so as to bring the same into compliance with the
standards of the United States Golf Association and those of the NJDEPE,
as amended and supplemented from time to time.
[Amended 11-1-2000 by Ord. No. 2000-31]
A.
Intent. The intent of this section is to permit single-family
detached dwellings on smaller lots than otherwise permitted for the
purpose of creating open space in usable locations and quantities;
preserving sensitive and desirable natural features and tree cover;
encouraging high-quality planning and land design, while reducing
the extent and cost of infrastructure; and preserving the health,
welfare and safety of the community.
B.
Provisions and requirements.
(1)
Residential cluster development shall be permitted
in all residential zones except R-75, R-150 and R-2. In the R-3/2,
R-5/2 and R-10/2, clustering shall be mandatory.
(2)
Any subdivision employing cluster shall adhere to
the following standards:
(a)
Density. Density shall be calculated on the
gross tract area which shall be multiplied by the appropriate density
factor given below to determine the number of lots allowed:
|
District
|
Density Adjustment
Factor
|
|---|---|
|
R-100
|
2.5
|
|
R-120
|
1.9
|
|
R-3/2
|
0.32
|
|
R-5/2
|
0.20
|
|
R-10/2
|
0.10
|
(b)
Open space.
[1]
All areas reserved for permanent open space
shall be suitable for their intended purpose and shall be at a location
and of a shape and size as approved by the Board. Open space areas
shall include not less than 25% of the tract in the R-3/2 Zone, 50%
in the R-5/2 zone and 70% in the R-10/2 Zone. In the R-100 Zone, open
space shall not be less than the difference between the total required
lot area (number of proposed lots times the conventional lot size
requirement) and the proposed lot area (the sum of the area of the
proposed clustered lots).
[Amended 8-5-1998 by Ord. No. 1998-21]
A.
Intent. The intent of the townhouse and garden apartment
residential zone is to provide multifamily housing options, while
at the same time assisting the Township in meeting its affordable
housing obligation through a rehabilitation program. Within the R-MF
Zone, new multifamily development will be allowed only as part of
an inclusionary development in which a payment in lieu of construction
of the required affordable units will be made to the Township Affordable
Housing Trust Fund for the rehabilitation of substandard housing occupied
by income-qualified households in the Township or for any other method
of providing affordable housing as allowed and regulated by the Council
on Affordable Housing. Funds for the Affordable Housing Trust shall
be provided at the rate of one unit at $20,000 per unit, per gross
acre of the tract.
B.
The requirements of Article XVII related to lower-income housing units shall be complied with when an inclusionary development is proposed.
C.
Provisions and requirements. The following provisions
shall be satisfied before a multifamily use shall be approved:
(1)
Minimum tract size. Any site plan for the development
of garden apartments or townhouses shall not be approved unless the
property consists of a minimum of five contiguous acres, provided
that the total site area shall be of sufficient size to provide for
all required off-street parking, usable recreation space, yards and
other requirements consistent with the projected number of dwelling
units to be constructed.
(2)
General requirements. Any further development of the
R-MF Zone shall include provisions for the construction of the Baltimore
Street extension to Strykers Road and a timetable for its completion;
such development shall be predicated on the completion of the through
street. To the greatest extent possible, access to future development
shall be from Baltimore Street.
(3)
The following Schedule of Area, Lot and Bulk Regulations
shall be interpreted as applying to the townhouse and garden apartment
development as a whole.[1] Every development shall be designated and constructed
so that no portion of a structure containing a dwelling unit shall
be closer than 40 feet to any tract line or major internal street.
[1]
Editor's Note: Area, lot and bulk regulations for the R-MF Zone are set forth in the Schedule of Area, Lot and Bulk Regulations, included as an attachment to this chapter.
(4)
Screening. Wherever a garden apartment or townhouse residential development shall abut a lot or lots developed as or subdivided for single-family detached homes, the setback area required shall contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62. Existing vegetation, along or with additional plantings if needed, may be used for screening, if sufficiently dense.
(5)
Density. In the R-MF Zone, the density of multifamily
residential development shall not be greater than 12 units per gross
acre, excluding the area of Baltimore Street extension right-of-way.
Funding for affordable housing shall be provided at the rate of one
unit per gross acre of the tract.
[Amended 6-23-2003 by Ord. No. 2003-11]
(6)
Building setbacks and distances between buildings.
(b)
Minimum distance* between buildings shall be:
[1]
From front to front: 35 feet.
[2]
From front to side: 35 feet.
[3]
From front to rear: 50 feet.
[4]
From front to side: 25 feet.
[5]
From side to rear: 35 feet.
[6]
From rear to rear: 50 feet.
|
*NOTE: Where building faces are not parallel,
at least 80% of the facing facades shall meet the minimum required
setback; but at no time shall the distance between buildings be reduced
below 80% of the minimum requirement.
|
(c)
No dwelling unit shall be closer than 50 feet
to any community center/recreation building complex.
(7)
Units per building.
(a)
No single building may contain more than 10
townhouse units or 12 garden apartment units (for garden apartments,
the number of units in a building shall be considered those which
share a common entrance in a discrete building component).
(b)
No building facade shall continue in the same
plane for a length of more than 100 feet without offsets totaling
at least five feet, and, in any case, all attached buildings or building
components shall be so arranged that, when viewed from any one direction,
the overall length (even though not at the same plane) shall not exceed
240 feet.
(c)
All units within a building shall have at least
two different exposures to allow for cross-ventilation and emergency
egress.
(d)
Dwelling units in basements are prohibited.
(8)
Open space and recreation.
(a)
At least 30% of the development tract shall
be planned and maintained as common open space for recreation use,
nature conservation areas, decorative landscaping and/or community
serving facilities, not counting as common open space any lands in
townhouse lots or street and parking areas. Not more than 1/5 of common
space provided may be devoted to a community center/recreation building
complex and associated parking areas; at least 1/4 of the common open
space shall be developed for active recreation, including but not
limited to playing fields, tennis, boccie or basketball courts, tot-lots,
trails, gazebos and community garden plots.
(9)
Improvements and utilities. All dwelling units within
a building shall be connected to approved and operating sanitary sewer
and water supply systems; the overall development shall be served
by functioning storm drains and other utility systems; all streets
and parking areas shall be paved to finish grade; and lawns in the
immediate vicinity of the subject building shall be established before
a certificate of occupancy may be issued for any dwelling unit in
the building.
(10)
Refuse collection. Included in the development
application for any townhouse or garden apartment development shall
be a plan for the collection, removal and disposition of all garbage,
refuse and debris from the property during both construction and operation.
Such plan shall provide adequate receptacles at convenient locations
within the site area, including facilities for the recycling of recyclable
materials.
(11)
Multifamily development shall not exceed an
average of 1.75 bedrooms per unit over the entire number of units,
and no individual dwelling unit shall contain more than two bedrooms.
[Added 6-23-2003 by Ord. No. 2003-11]
D.
Laundry and clothes-drying equipment. If not provided
in each individual unit, laundry and clothes-drying equipment shall
be provided in each building or group of attached buildings. The equipment
shall be provided in a room specifically designed as a laundry area.
The laundry room shall be readily accessible and shall be adequately
ventilated and soundproofed so as not to create a nuisance to adjoining
dwelling units. Laundry facilities shall be provided in the relationship
of one commercial-type washer for each four apartments and one commercial-type
dryer for each two washers. The equipment and the laundry room shall
be maintained in good working order and shall be kept clean. No exterior
clothesline or laundry-drying equipment shall be permitted on any
part of the premises. Each townhouse unit shall be provided with an
area suitable for the installation of laundry and clothes-drying equipment.
E.
Storage facilities. A minimum of 400 cubic feet of
storage space shall be provided for the use of the tenants of each
residential garden apartment unit within the same building as said
residential unit is located. Such storage space shall be specifically
allocated among the tenants. Each townhouse unit shall be provided
with a minimum of 400 cubic feet of storage space, other than normal
closet area.
F.
Soundproofing. Each dwelling unit shall be insulated
for sound by the installation of adequate soundproofing materials
according to reasonable building practices within all walls separating
said unit from abutting residential units, hallways or other areas
devoted either to common use or reserved for the landlords use in
conformance with state standards.
[Added 12-30-2009 by Ord. No. 2009-15]
A.
Intent. The intent of the multifamily inclusionary residential zone
is to provide multifamily housing options, while at the same time
assisting the Township in meeting its affordable housing obligation
through an inclusionary zoning program. Within the MFI Zone, new multifamily
development will be allowed only as part of an inclusionary development
in which affordable units will be constructed for occupancy by income-qualified
households as allowed and regulated by the Council on Affordable Housing
(COAH).
B.
Permitted principal use: Multifamily residential dwellings.
C.
Permitted accessory uses shall be as follows:
(1)
Sales or rental office.
(a)
A sales/rental office of a temporary nature is permitted. Such
temporary office shall not extend beyond the occupancy of the last
dwelling in the project.
(b)
A permanent sales or rental office may be provided within the
multifamily inclusionary development provided the office shall not
be used as a dwelling.
(c)
Such sales/rental office shall be used only for the sale or
rental of dwellings within the multifamily inclusionary development.
(2)
Recreation and cultural facilities for the use of the public
and the residents of the community and their guests including picnic
areas and other active and passive recreation facilities.
(3)
Construction office and/or trailer during the time the project
is being constructed.
(4)
The following uses shall be exclusively and solely devoted to
the use and benefit of the residents of the multifamily inclusionary
development:
(a)
Off-street parking areas and garages.
(b)
Maintenance facilities.
(c)
Utility facilities.
(d)
Fences.
(e)
One nonilluminated identification sign for each entrance, provided
that the sign shall not exceed 32 square feet in area and is located
not less than 10 feet from any street line or 15 feet of an adjacent
property line. The height of such a sign shall be limited to five
feet.
D.
Provisions and requirements. The following provisions shall be satisfied
before a multifamily inclusionary development is approved:
(1)
Sewer and water service. Every dwelling unit and the community
building within the development shall be connected to a public sewage
disposal and central potable water service system. The sewage and
water capacity provided shall be sufficient to accommodate the uses
as approved by the Board.
(2)
Location of buildings. All dwellings and other buildings within
the development shall have frontage on and vehicular access to an
internal roadway.
(3)
Open space. Open space and recreation facilities shall be governed and regulated by the provisions of § 243-82 and the following requirements:
(a)
At least 40% of the development tract shall be planned and maintained as open space for public or private recreational use, nature conservation areas, stormwater detention or retention, decorative landscaping and/or community-serving facilities, not counting as open space any lands in internal roadways, drives and parking areas except as provided for in § 243-68.1D(3)(c) below.
(c)
Not more than 20% of common open space provided may be devoted
to a community center/recreation building complex and associated parking
areas; and at least 25% of the common open space shall be developed
for active recreation, such as swimming pools, playing fields, tennis,
bocce or basketball courts, tot-lots, trails, gazebos and community
garden plots.
E.
General requirements. Every multifamily inclusionary development
shall be designed in accordance with the standards set forth in the
appropriate sections of the Zoning and Land Use regulations of Lopatcong
Township pertaining to subdivision and site plan approval except that
in addition the following requirements shall apply:
(1)
Density. The density of multifamily residential development
shall be calculated by dividing the number of units in the development
by the gross acreage of the tract, excluding the area of public street
right-of-way, in accordance with the following schedule:
(2)
Unit type. Garden apartment, as defined in the Zoning and Land
Use ordinance of Lopatcong Township.
(3)
Area and bulk requirements. The following requirements shall
apply to the entire contiguous portion of the tract:
(a)
Total land area. Any site plan for the development of multifamily
units shall not be approved unless the property consists of a minimum
of 15 contiguous acres, provided that the total site area shall be
of sufficient size to provide for all required off-street parking,
usable recreation space, yards and other requirements consistent with
the projected number of dwelling units to be constructed and the development
shall be designed as a single entity.
(b)
Lot frontage: 300 feet minimum.
(c)
Coverage: The maximum lot coverage shall be 60% of the tract
area. Building coverage is not regulated in the MFI Zone.
(4)
(5)
Screening. Wherever a multifamily residential development shall abut a lot or lots developed as or subdivided for single-family detached homes, the setback area required shall contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62. Existing vegetation, along or with additional plantings if needed, may be used for screening, if sufficiently dense.
(6)
Unit and building requirements.
(a)
No single building may contain more than 24 garden apartment
units. The number of units in a building shall be considered those
which share a common entrance in a discrete building component.
(b)
No building facade shall continue in the same plane for a length
of more than 100 feet without offsets or building projections from
the plane totaling at least five feet, and, in any case, all buildings
or building components shall be so arranged that, when viewed from
any one direction, the overall length (even though not at the same
plane) shall not exceed 240 feet.
(c)
Dwelling units in basements are prohibited.
(7)
Improvements and utilities.
(a)
All utility lines, including power, telephone and cable television
lines, shall be installed underground and adequately shielded.
(b)
Television antennas mounted on the exterior of buildings shall
not be permitted.
(c)
Fire hydrants shall be installed by the developer in adequate
number and at locations recommended by the Township Engineer and Fire
Chief.
(d)
The overall development shall be served by functioning storm
drains and other utility systems; all streets and parking areas shall
be paved to finish grade; and lawns in the immediate vicinity of the
subject building shall be established before a certificate of occupancy
may be issued for any dwelling unit in the building.
(e)
All site improvements shall conform to residential site improvement
standards (N.J.A.C. 5:21-1 et seq.).
(8)
Laundry and clothes-drying equipment. If not provided in each
individual unit, laundry and clothes-drying equipment shall be provided
in each building or group of attached buildings. The equipment shall
be provided in a room specifically designed as a laundry area. The
laundry room shall be readily accessible and shall be adequately ventilated
and soundproofed so as not to create a nuisance to adjoining dwelling
units. Laundry facilities shall be provided in the relationship of
one commercial-type washer for each four apartments and one commercial-type
dryer for each two washers. The equipment and the laundry room shall
be maintained in good working order and shall be kept clean. No exterior
clothesline or laundry-drying equipment shall be permitted on any
part of the premises.
(9)
Storage facilities. In addition to any storage area contained
within the dwelling unit, a minimum of 250 cubic feet of storage space
shall be provided for each dwelling unit within the multifamily inclusionary
development for the purpose of storing bicycles, furniture and similar
items. Such storage space shall be specifically allocated among the
units.
(10)
Soundproofing. Each dwelling unit shall be insulated for sound
by the installation of adequate soundproofing materials according
to reasonable building practices within all walls separating said
unit from abutting residential units, hallways or other areas devoted
either to common use or reserved for the landlord's use in conformance
with state standards.
F.
Refuse collection. Included in the development application for any
garden apartment development shall be a plan for the collection, removal
and disposition of all garbage, refuse and debris from the property
during both construction and operation. Such plan shall provide adequate
receptacles at convenient locations within the site area, including
facilities for the recycling of recyclable materials.
G.
Affordable housing requirements. All units developed for sale or
rental to qualified low- and moderate-income households shall comply
with all applicable provisions of COAH's Substantive Rules (N.J.A.C.
5:97-1 et seq.) and Uniform Housing Affordability Controls (N.J.A.C.
5:80-26.1 et seq.) and the following:
(1)
The requirements of Article XVII, "Low- and Moderate-Income Housing" of the Zoning and Land Use ordinance of Lopatcong Township.
(2)
The affordable units may be for-sale units (ownership) or rental
units, at the developer's option.
(4)
Inclusionary zoning for rental units shall provide that at least
10% of the affordable units are to be affordable to households earning
30% or less of median income for COAH Region 2.
(5)
The tract shall comply in all ways with COAH's site suitability
criteria as set forth in N.J.A.C. 5:97-3.13.
(6)
Bedroom distribution for affordable units shall comply with
the requirements set forth in COAH's Uniform Housing Affordability
Controls (N.J.A.C. 5:80-26.1 et seq.).
H.
Morris Canal buffer. The developer shall provide a buffer from the
portion of the former Morris Canal located on adjoining Lot 2 in Block
102. The width of the buffer and any additional requirements shall
be as prescribed by the Warren County Planning Department.
[Added 12-6-2017 by Ord.
No. 2017-09]
A.
Intent. The intent of the MFI II Multifamily Inclusionary Zone is
to provide multifamily housing options, while at the same time assisting
the Township in meeting its affordable housing obligation through
an inclusionary zoning program. Within the MFI II Zone, new multifamily
development will be allowed only as part of an inclusionary development
in which affordable units will be constructed for occupancy by income-qualified
households pursuant to the regulations established by the Council
on Affordable Housing (COAH), court order or other state agency as
may be established by legislation or executive order.
C.
Permitted accessory uses shall be as follows:
(1)
Sales or rental office.
(a)
A sales/rental office of a temporary nature is permitted. Such
temporary office shall not extend beyond the occupancy of the last
dwelling in the project.
(b)
A permanent sales or rental office may be provided within the
multifamily inclusionary development, provided the office shall not
be used as a dwelling.
(c)
Such sales/rental office shall be used only for the sale or
rental of dwellings within the multifamily inclusionary development.
(2)
Recreation and cultural facilities for the use of the public
and the residents of the community and their guests, including picnic
areas and other active and passive recreation facilities.
(3)
Construction office and/or trailer during the time the project
is being constructed.
(4)
The following uses shall be exclusively and solely devoted to
the use and benefit of the residents of the multifamily inclusionary
development:
(a)
Off-street parking areas and garages.
(b)
Maintenance facilities.
(c)
Utility facilities.
(d)
Fences.
(e)
One nonilluminated identification sign for each entrance, provided
that the sign shall not exceed 32 square feet in area and is located
not less than 10 feet from any street line or 15 feet from an adjacent
property line. The height of such a sign shall be limited to five
feet.
D.
Provisions and requirements. The following provisions shall be satisfied
before a multifamily inclusionary development is approved:
(1)
Sewer and water service. Every dwelling unit and the community
building within the development shall be connected to a public sewage
disposal and central potable water service system provided by a licensed
public utility. The sewage and water capacity provided shall be sufficient
to accommodate the uses as approved by the Board.
(2)
Location of buildings. All dwellings and other buildings within
the development shall have frontage on and vehicular access to an
internal roadway.
(3)
Open space. Open space and recreation facilities shall be governed and regulated by the provisions of § 243-82 and the following requirements:
(a)
At least 40% of the development tract shall be planned and maintained as open space for public or private recreational use, nature conservation areas, stormwater detention or retention, decorative landscaping and/or community-serving facilities; not counting as open space are any lands in internal roadways, drives and parking areas, except as provided for in § 243-68.2D(3)(c) below.
(c)
Not more than 20% of common open space provided may be devoted
to a community center/recreation building complex and associated parking
areas, and at least 25% of the common open space shall be developed
for active recreation, such as swimming pools, playing fields, tennis,
bocce or basketball courts, tot lots, trails, gazebos and community
garden plots.
E.
General requirements. Every multifamily inclusionary development
shall be designed in accordance with the standards set forth in the
appropriate sections of the Zoning and Land Use regulations of Lopatcong
Township pertaining to subdivision and site plan approval, except
that in addition the following requirements shall apply:
(1)
Density. The density of multifamily residential development
shall be calculated by dividing the number of units in the development
by the gross acreage of the tract, excluding the area of public street
right-of-way, in accordance with the following schedule:
(3)
Area and bulk requirements. The following requirements shall
apply to the entire contiguous portion of the tract:
(a)
Total land area. Any site plan for the development of a tract
of land pursuant to this section shall not be approved unless the
property consists of a minimum of 15 contiguous acres, provided that
the total site area shall be of sufficient size to provide for all
required off-street parking, usable recreation space, yards and other
requirements consistent with the projected number of dwelling units
to be constructed, and the development shall be designed as a single
entity.
(b)
Lot frontage: 300 feet minimum.
(c)
Coverage: The maximum lot coverage shall be 60% of the tract
area. Building coverage is not regulated in the MFI II Zone.
(4)
(5)
Screening. Wherever a multifamily residential development shall abut a lot or lots developed as or subdivided for single-family detached homes, the setback area required shall contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62. Existing vegetation, along or with additional plantings if needed, may be used for screening, if sufficiently dense.
(6)
Unit and building requirements.
(a)
No single multifamily dwelling may contain more than 25 garden
apartment units. The number of units in a building shall be considered
those which share a common entrance in a discrete building component.
(b)
No single multifamily age-restricted dwelling may contain more
than 60 units. The number of units in a building shall be considered
those which share a common hallway, stair and elevator access.
(c)
No building facade shall continue in the same plane for a length
of more than 100 feet without offsets or building projections from
the plane totaling at least five feet, and, in any case, all buildings
or building components shall be so arranged that, when viewed from
any one direction, the overall length (even though not at the same
plane) shall not exceed 240 feet.
(d)
Dwelling units in basements are prohibited.
(7)
Improvements and utilities.
(a)
All utility lines, including power, telephone and cable television
lines, shall be installed underground and adequately shielded.
(b)
Television antennas mounted on the exterior of buildings shall
not be permitted.
(c)
Fire hydrants shall be installed by the developer in adequate
number and at locations recommended by the Township Engineer and Fire
Chief.
(d)
The overall development shall be served by functioning storm
drains and other utility systems; all streets and parking areas shall
be paved to finish grade; and lawns in the immediate vicinity of the
subject building shall be established before a certificate of occupancy
may be issued for any dwelling unit in the building.
(e)
All site improvements shall conform to residential site improvement
standards (N.J.A.C. 5:21-1 et seq.).
(8)
Laundry and clothes-drying equipment. If not provided in each
individual unit, laundry and clothes-drying equipment shall be provided
in each building or group of attached buildings. The equipment shall
be provided in a room specifically designed as a laundry area. The
laundry room shall be readily accessible and shall be adequately ventilated
and soundproofed so as not to create a nuisance to adjoining dwelling
units. Laundry facilities shall be provided in the relationship of
one commercial-type washer for each four apartments and one commercial-type
dryer for each two washers. The equipment and the laundry room shall
be maintained in good working order and shall be kept clean. No exterior
clothesline or laundry-drying equipment shall be permitted on any
part of the premises.
(9)
Storage facilities. In addition to any storage area contained
within the dwelling unit, a minimum of 250 cubic feet of storage space
shall be provided for each dwelling unit within the multifamily inclusionary
development for the purpose of storing bicycles, furniture and similar
items. Such storage space shall be specifically allocated among the
units.
(10)
Soundproofing. Each dwelling unit shall be insulated for sound
by the installation of adequate soundproofing materials according
to reasonable building practices within all walls separating said
unit from abutting residential units, hallways or other areas devoted
either to common use or reserved for the landlord's use in conformance
with state standards.
F.
Refuse collection. Included in the development application for any
garden apartment development shall be a plan for the collection, removal
and disposition of all garbage, refuse and debris from the property
during both construction and operation. Such plan shall provide adequate
receptacles at convenient locations within the site area, including
facilities for the recycling of recyclable materials.
G.
Affordable housing requirements. All units developed for sale or
rental to qualified low- and moderate-income households shall comply
with all applicable provisions of COAH's Substantive Rules and Uniform
Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and the
following:
(1)
The requirements of Article XVII, Low- and Moderate-Income Housing, of the Zoning and Land Use ordinance of Lopatcong Township.
(2)
The affordable units may be for-sale units (ownership) or rental
units, at the developer's option.
(3)
Minimum affordable housing set-aside:
(a)
Ownership units: 25% of the units developed in the project.
(b)
Rental units: 20% of the units developed in the project.
(c)
Low- and moderate-income housing units shall be built in accordance
with the following schedule:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Percentage of Market Housing Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25% + 1 unit
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
|
100%
|
(d)
A newly constructed unit is considered complete when the certificate
of occupancy is issued.
(4)
Inclusionary zoning for rental units shall provide that at least
13% of the affordable units are to be affordable to households earning
30% or less of median income for COAH Region 2. Thirty-seven percent
of the affordable units shall be affordable to households with a gross
household income above 30% and up to 50% of the regional median income.
Fifty percent of the affordable units shall be available to households
with a gross income in excess of 50%, but less than 80% of the regional
median income.
(5)
The tract shall comply in all ways with COAH's site suitability
criteria as set forth in its Substantive Rules.
(6)
Bedroom distribution for affordable units shall comply with
the requirements set forth in COAH's Uniform Housing Affordability
Controls (N.J.A.C. 5:80-26.1 et seq.).
A.
Intent. It is the intent of the Township to allow
a density bonus to encourage the provision of senior citizen housing
within garden apartment and townhouse residential developments. Because
such housing generally has fewer persons per household and fewer service
needs, a density bonus may be provided without an adverse impact on
community facilities and infrastructures.
B.
Density. One additional unit per acre will be allowed for that portion of a residential development restricted solely to senior citizen households as defined in § 243-5.
C.
Resale/rerental restrictions. Projects or portions
thereof approved with a senior citizen bonus component will be subject
to resale/rerental restrictions to ensure the continuation of the
age restrictions. Prior to final approval, the applicant shall submit
for the review and approval of the Board Attorney the agreements and
covenants restricting the future sale or rental to qualified households.
[Amended 11-1-2000 by Ord. No. 2000-33; 12-5-2001 by Ord. No. 2001-35; 3-6-2002 by Ord. No.
2002-7]
A.
Intent. The intent of this section is to encourage
housing options which will specifically address the special needs
of older residents within a residential complex of one-family dwellings
and/or duplex units and may include such common support facilities
as a community building, active and passive recreation facilities,
housekeeping and exterior maintenance services.
[Amended 4-7-2004 by Ord. No. 2004-5]
B.
Permitted principal use: Single-family detached dwellings
and duplex units, with attached garages.
[Amended 4-7-2004 by Ord. No. 2004-5]
C.
Permitted accessory uses shall be as follows:
(1)
Model home(s) for dwellings to be sold only within
the project.
(2)
Sales office of a temporary nature not to extend beyond
the occupancy of the last dwelling in the project and to be solely
used for sale of properties within the senior citizen housing development.
(3)
Recreational and cultural facilities for the sole
use of the residents of the community and their guests, picnic areas
and other active and passive recreation facilities.
(4)
Construction office and/or trailer during the time
the project is being constructed.
(5)
The following uses exclusively and solely devoted
to the use and benefit of the residents of the senior citizen housing
development.
D.
Provisions and requirements. The following provisions
shall be satisfied before a senior citizen housing complex shall be
approved.
(1)
Total land area. The minimum tract size for a senior
citizen housing complex shall be 25 acres and shall be designed as
a single entity.
(2)
Sewer and water service. The tract shall be located
within an existing sewer service area. Every building within the senior
citizen housing development shall be connected to a public sewage
disposal and central potable water services. The sewage and water
capacity provided shall be sufficient to accommodate the uses as approved
by the Board.
(3)
Location of buildings. All dwellings and other buildings
within the senior citizen housing development shall have frontage
on and vehicular access to an internal roadway, except that dwellings
shall be permitted to have direct frontage and vehicular access onto
Edward Street between Fourth Street and Sixth Street.
[Amended 4-7-2004 by Ord. No. 2004-5]
(4)
Open space. At least 25% of the gross tract acreage
shall be planned and maintained as open space, including those buildings,
structures, off-street parking and other improvements that are designed
to be incidental to the recreational use of the common area. The open
space area shall not include any portion of a residential lot, public
or private street, right-of-way or existing public or private easement
which is improved with aboveground structures, including the poles
and wires of electric, telephone or other service utilities.
E.
General requirements. Every senior citizen development
shall be designed in accordance with the standards set forth in the
appropriate sections of the Zoning and Land Use regulations of Lopatcong
Township pertaining to subdivision and site plan approval, except
that in addition the following requirements shall apply:
(1)
Density. Density shall be calculated by multiplying
the gross tract size by 4.5 units per acre.
(2)
Unit type. Single-family detached dwellings and duplex
units, provided no more than one dwelling or unit shall be permitted
on any one lot.
[Amended 4-7-2004 by Ord. No. 2004-5]
(3)
Bedroom mix. The number of bedrooms shall not exceed
two per unit.
(4)
Area and bulk requirements.
(a)
Entire tract. The following requirements shall
apply to the entire contiguous portion of the tract:
[1]
Yards shall be as follows:
[a]
Lot frontage: 300 feet.
[b]
Front yard: 80 feet, except that
dwellings with frontage on the portion of Edward Street that lies
between Fourth Street and Sixth Street, the front yard shall be a
minimum of 25 feet.
[Amended 4-7-2004 by Ord. No. 2004-5]
[c]
Buffer: a minimum width of 50 feet
around the perimeter of the entire tract, except along that portion
of Edward Street that lies between Fourth Street and Sixth Street
no buffer shall be required.
[Amended 4-7-2004 by Ord. No. 2004-5]
[3]
Maximum building height: 35 feet or two stories,
whichever is less.
(b)
Individual single-family building lots shall
meet the following requirements:
[Amended 4-7-2004 by Ord. No. 2004-5]
[2]
Maximum lot coverage: 50%.
[3]
Lot frontage shall be a minimum of 50 feet.
[4]
Lot width shall be a minimum of 55 feet.
[5]
Lot depth shall be a minimum of 85 feet.
[7]
Minimum distance between buildings: 15 feet.
[8]
Uncovered decks open to the sky located at the
first floor level of a principal structure may intrude a maximum of
10 feet into the rear yard setback.
[9]
The required lot area for a residential building
lot shall not include any portion of the lot which is within a required
landscape buffer, stormwater detention/retention basin or any public
or private easements containing utility poles or other structures
located on or above the ground.
[10]
No residential building shall
be located within 20 feet of a detention basin or easement containing
utility poles or other structures located on or above the ground.
(c)
Individual duplex unit building lots shall meet
the following requirements:
[Added 4-7-2004 by Ord. No. 2004-5]
[2]
Maximum lot coverage: 50%.
[3]
Lot frontage shall be a minimum of 37.5 feet.
[4]
Lot width shall be a minimum of 45 feet.
[5]
Lot depth shall be a minimum of 85 feet.
[7]
Minimum distance between buildings: 15 feet.
[8]
Uncovered decks open to the sky located at the
first floor level of a principal structure may intrude a maximum of
10 feet into the rear yard setback.
[9]
The required lot area for a residential building
lot shall not include any portion of the lot which is within a required
landscape buffer, stormwater detention/retention basin or any public
or private easements containing utility poles or other structures
located on or above the ground.
[10]
No residential building shall
be located within 20 feet of a detention basin or easement containing
utility poles or other structures located on or above the ground.
(6)
Parking and loading.
(a)
All parking shall conform to the requirements of Article IX, Parking Regulations, except as follows:
[1]
Each dwelling unit will be furnished with an
attached garage for at least one off-street parking space.
[2]
One additional parking space shall be provided
on the lot for guest parking.
[3]
An additional .25 parking spaces shall be provided
for public parking either on street or within public parking areas
dispersed evenly and uniformly and conveniently throughout the tract.
[4]
Detached garages are prohibited.
[5]
Additional parking shall be provided at the
community building with a minimum of one space per 200 square feet
of building area.
[6]
No boats or recreational vehicles shall be stored
outside a dwelling.
(7)
Pedestrian circulation.
(a)
There shall be an adequate system of pedestrian
walks serving all the residential lots and recreation facilities within
the development.
(b)
Pedestrian walks shall be extended to and along
adjoining residential streets to provide an integrated system of walks
linking the development to the existing neighborhood.
(8)
Landscaping.
(a)
Purpose.
[1]
Landscaping shall be provided as part of site
plan and subdivision design. The design should preserve and enhance
the identity of the site by integrating the natural and made elements
of the development into a pleasing site character.
[2]
The landscaping may include plant materials
such as trees, shrubs, ground cover, perennials and annuals.
(b)
Landscape plan. A landscaping plan shall be
submitted with each subdivision/site plan application. The plan shall
identify existing and proposed trees, shrubs, ground cover, natural
features, such as rock outcroppings, and other landscape elements.
The plan shall identify the type size, quantity and location of all
proposed plantings. Planting and construction details shall be provided.
Existing natural vegetation which is to be retained shall be protected
with fencing or by other approved means during and after construction.
[1]
Protection of existing plantings. Every effort
should be made to save fine specimen trees. No material or temporary
soil deposits shall be placed within four feet of shrubs or 10 feet
of trees. Protective barriers shall be installed around each plant
and/or group of plants that are to remain on the site. The barriers
shall be a minimum of four feet in height and constructed to be self
supporting. The barriers shall remain in place until construction
is completed.
[2]
Plant species. The plant species selected should
be hardy for the particular climatic zone in which the development
is located and appropriate in terms of function and size.
[3]
Planting specifications. Deciduous trees shall
be a minimum of 2 1/2 inches in caliper at planting. Evergreen
trees shall be a minimum of six feet in height. All trees, shrubs
and ground cover shall be planted according to acceptable horticulture
standards. All planting shall be guaranteed for a minimum of one year
or until all construction bonds for the development have been released.
[4]
Slope plantings. All cuts and fills with slopes
greater than one foot vertically to three feet horizontally shall
be planted with ground covers which do not require mowing or other
forms of intensive maintenance.
(9)
Buffering.
(a)
Screening. The buffer area required by § 243-70E(4)(a)[1][c]
shall not contain any structures, buildings or improvements other
than for necessary access into the interior of the tract as delineated
and approved by the Planning Board.
(b)
The buffer area shall contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62.
(c)
Parking areas, trash collection and utility
areas and loading and unloading areas should be screened.
(10)
Open space and recreation requirements.
(a)
The developer of the senior citizen development
shall set aside lands for active and passive recreation. A portion
of the open space shall be developed for the following recreation
activities.
[1]
A community building or clubhouse shall contain
a minimum of 1,000 square feet of floor area or at least 15 square
feet of floor area for each dwelling unit, whichever is greater.
[2]
Tennis courts.
[3]
A swimming pool, with changing cabanas and a
clubhouse of sufficient size to accommodate the residents of the senior
citizen development.
[4]
Horseshoe pits, bocci and shuffleboard courts.
[5]
Walking paths suitably improved and linking
all recreational amenities in the permanent open space area.
(b)
The Board shall have the power to grant such
exceptions from the above requirements as may be reasonable because
of peculiar conditions pertaining to the land in question.
(c)
All recreation facilities and community building(s)
shall be fully operational prior to the issuance of building permits
for 50% of the approved dwellings.
(11)
Architectural diversity.
(a)
No construction permit shall be issued for any
detached dwelling if it is substantially alike in exterior design
and appearance to abutting dwellings either existing or for which
a construction permit has been issued or is pending.
(b)
There shall be no less than six separate basic
house designs included in a senior citizen housing development.
(c)
The specific house designs for each lot need
not be approved until construction permits are submitted. The developer
shall have the responsibility to provide the Zoning Officer/Construction
Official with sufficient information at any stage in the development
process to assure that the provisions of this subsection are addressed
throughout the development.
(12)
Age restriction.
(a)
Occupancy shall be limited to qualified senior
citizen households.
(b)
As a condition of preliminary and final site
plan/subdivision approval, a developer of qualified senior citizen
housing shall submit a certification or compliance acceptable to the
Board Attorney which states that the developer is in compliance with
the requirements of the Fair Housing Act of 1988 and the Housing for
Older Persons Act of 1995 and will remain in compliance to the extent
possible and feasible with such further amendments of the Fair Housing
Act as are applicable.
(c)
Prior to final site plan/subdivision approval,
the developer shall submit for review and approval of the Board Attorney
the agreement and covenants restricting the future sale or rental
to qualified senior citizen households.
[Added 11-1-2000 by Ord. No. 2000-33]
A.
Intent. The intent of this section is to encourage
housing options which address the need for transitional housing for
seniors who can no longer live on their own and need some assistance
with the tasks of daily living. Assisted living facilities shall provide
individual apartment units containing, at a minimum, a private bedroom
and bathroom; common dining; housekeeping and maintenance services;
personal and health care services; and recreational and laundry services.
B.
Provisions and requirements. The following provisions
shall be satisfied before an assisted living facility shall be approved:
(1)
Total land area. The minimum tract size for
an assisted living facility shall be three acres.
(2)
Density and intensity use. The density of an
assisted living facility shall not exceed 30 beds per acre. The floor
area ratio shall not exceed 25%; the building coverage shall not exceed
15%; and the total impervious coverage shall not exceed 40%. Building
height shall not exceed 35 feet.
(3)
Yard requirements. Principal buildings shall
be set back a minimum of 75 feet from all property lines; accessory
buildings and structures, including parking, shall be set back a minimum
of 30 feet from all property lines.
(4)
Accessory uses may include medical care facilities
and related facilities for the routine care of the residents; retail
sales and services designed primarily for the convenience of the residents,
guests and employees, the size of which shall not exceed 2% of the
total floor area of the principal building; recreation facilities,
such as swimming pools, tennis courts, exercise rooms; meeting and
activity rooms and similar facilities.
(5)
Parking. Off-street parking shall be provided
at the rate of one-half of one space for each unit or one space for
each employee on the maximum shift plus one space for every eight
units, whichever is the lesser.
(6)
Screening. A year-round landscaping buffer shall
be provided along the side and rear property lines to screen the assisted
living facility from adjacent uses. Where appropriate, this screen
may be supplemented by a decorative fence.
[Added 12-29-2005 by Ord. No. 2005-27]
A.
Intent. In accordance with Master Plan objectives,
the intent of the active adult residential community is to provide
a wider variety of age-restricted housing limited to active adults
age 55 and greater. This is an inclusionary housing zone which will
provide required affordable units on site in accordance with the Township's
growth share for affordable units. Permitted housing types include
townhouses and apartments for sale or rental.
B.
Provisions and requirements. The following provisions
shall be satisfied before an AARC use shall be approved.
(1)
Minimum tract size of 50 acres.
(2)
Maximum gross density of six dwelling units
per acre.
(3)
Two bidirectional roadway access points must
be provided with a sidewalk on at least one side.
(4)
All infrastructures (roadways, drainage systems,
detention and retention basins, parking areas, etc.) must be privately
owned and all new utility lines placed underground.
(5)
A minimum of 40% of the gross tract area shall
be open space as defined in this chapter.
(6)
Maximum impervious coverage shall be 50% of
the gross tract area.
(7)
There shall be in each AARC community at least
one clubhouse or community building. There shall be at least 10 square
feet of clubhouse building space provided for each proposed dwelling
unit. The clubhouse shall be completed and in operation before the
150th dwelling unit has been completed and a certificate of occupancy
issued therefor or prior to the issuance of a certificate of occupancy
for 50% of the total number of approved dwellings, whichever shall
occur first.
(8)
At a minimum, one unit of affordable housing
shall be built on site for every eight market-rate units.
C.
The following standards shall apply:
(2)
Accessory uses permitted.
(a)
Commercial swimming pools and other usual recreational
facilities.
(b)
Off-street parking and private garages.
(c)
Fences and walls.
(d)
Signs.
(e)
Temporary construction and sales trailers, models,
and one freestanding sign per entrance not exceeding 50 square feet,
setting forth the name of the community. Trailers shall be located
on the site where construction is taking place and are to be set back
at least 30 feet from all street and curblines.
(f)
Accessory uses customarily incidental to principal
permitted uses, including clubhouses and other recreational facilities.
(3)
Maximum building height.
(a)
Townhouse buildings shall not exceed 35 feet
and 2 1/2 stories in height, except that the permitted height
may be increased to 40 feet on downhill units where walkout basements
may or may not be provided.
(b)
Apartment buildings shall not exceed 40 feet
and three stories in height, except that the height and number of
stories in an apartment building can be increased to 52 feet and 3 1/2
stories respectively if a parking garage is placed below the structure
for off-street parking.
(c)
Where a garage is provided beneath a building
with apartment units for off-street parking, the garage shall not
be considered a full story if more than 1/2 its height is below the
average finished grade level of the ground adjacent to those foundation
walls that are buried below grade.
(4)
Maximum number of dwelling units permitted.
The maximum number of dwelling units permitted within an AARC is equal
to six dwelling units per gross acre of land.
(5)
Building setback and distances between buildings.
(b)
Minimum distance* between buildings shall be:
[1]
From front to front: 75 feet.
[2]
From front to side: 35 feet.
[3]
From front to rear: 75 feet.
[4]
From side to rear: 35 feet.
[5]
From rear to rear: 40 feet.
[6]
From side to side: 20 feet.
|
*NOTE: Where building faces are not parallel,
at least 80% of the facing facades shall meet the minimum required
setback; but at no time shall the distance between buildings be reduced
below 80% of the minimum requirement.
|
(c)
No dwelling unit shall be closer than 50 feet
to any community center/recreation building complex.
(6)
Units per building. No single building may contain
more than six townhouse units or 36 apartment units.
(7)
No building facade shall continue in the same
plane for a length of more than 75 feet without offsets totaling at
least five feet.
(8)
Minimum off-street parking.
(a)
Each townhouse shall provide two garage parking
spaces for each unit.
(b)
Two parking stalls for each apartment unit shall
be provided.
(c)
Additional parking shall be provided at a ratio
of a minimum of 0.25 space for each dwelling unit, for guest parking,
and shall be dispersed evenly and uniformly and conveniently throughout
the tract. Common parking areas may be utilized to satisfy this requirement.
(d)
Additional parking shall be provided at the
clubhouse or community building with a minimum of one space/200 square
feet of building area.
(e)
There shall be no parking of recreational vehicles
or boats except in a designated parking area for such vehicles if
approved by the Planning Board.
(9)
Permitted signs. Each development may have one
freestanding sign per entrance. Such signs shall not exceed 10 feet
in height, shall be set back from street, curb, and property lines
a minimum of 30 feet, shall not exceed an area of 50 square feet,
and shall be used only to display the development's name and telephone
number.
(10)
Buffers and landscaping.
(a)
A landscaped buffer to effectively screen the
dwellings shall be located along any tract boundary line of an active
adult residential community, except that the buffer shall not be required
in areas where the closest existing dwelling unit is at least 200
feet from the property line otherwise to be buffered. The buffer may
contain a berm at least four feet in height and shall be planted with
at least a double staggered row of evergreen trees, 12 feet on center
and at least six feet in height when planted so that at maturity the
plant material will be no closer than three feet from any property
line. As an option, the buffer planting may consist of an area at
least 100 feet in width of existing vegetation and/or a naturalized
planting of coniferous trees, shade trees, flowering trees and deciduous
and evergreen shrubs subject to the review and approval of the approving
board. An undisturbed buffer of at least 100 feet in width along the
property line shall be provided adjacent to the abandoned Morris Canal.
(b)
Landscaping plan. A landscaping plan shall be
submitted with each site plan application, unless an exception is
granted. The plan shall identify existing and proposed trees, shrubs,
ground cover, natural features such as rock outcroppings, and other
landscaping elements. When existing natural growth is proposed to
remain, the applicant shall include in the plans proposed methods
to protect existing trees and growth during and after construction.
(c)
Protection of existing plantings. Maximum effort
should be made to save fine specimens (because of size or relative
rarity). No material or temporary soil deposits shall be placed within
four feet of shrubs or 10 feet of trees designated to be retained
on the preliminary and/or final plat. Protective barriers or tree
wells shall be installed around each plant and/or group of plants
that are to remain on the site. Barriers shall not be supported by
the plants they are protecting, but shall be self-supporting. They
shall be a minimum of four feet high and constructed of a durable
material that will last until construction is completed. Snow fences
and silt fences are examples of acceptable barriers.
(11)
Common open space requirements. Land area equal
to a minimum of 40% of the tract of land proposed for an active adult
residential community shall be specifically set aside for conservation,
open space, floodplain, recreation, and/or other common open space.
Land utilized for street rights-of-way shall not be included as part
of the above 40%.
(12)
Pedestrian circulation. There shall be an adequate
system of pedestrian walks serving all facilities within the development,
providing access to residential units, parking areas, open spaces,
recreational and other communal facilities and along vehicular roadways
as deemed necessary by the approving board. Public access shall also
be provided to the Morris Canal.
(13)
Architecture and construction.
(a)
The architecture employed shall be aesthetically
congruous among structures, phases and sections of the development.
(b)
All exteriors of building perimeter walls shall
be of wood, brick, stone, vinyl siding or other accepted durable material
provided, however, that asbestos shingle or cinder block as an exterior
finish is prohibited.
(c)
The exterior of accessory structures shall harmonize
architecturally with and be constructed of materials of like character
to those used in principal structures.
(14)
Age restrictions.
(a)
Each dwelling unit in the AARC development must
be occupied by one permanent resident 55 years of age or older. No
permanent resident shall be 40 years of age or younger unless they
are the spouse of a permanent resident 55 years of age or older. A
permanent resident is an individual who resides in a dwelling three
months or more in a twelve-month period. Temporary residents who reside
three months or less in a given twelve-month period do not need to
meet the above age criteria.
(b)
Certification of compliance. As a condition
of preliminary and final site plan/subdivision approval, a developer
in the AARC District shall submit a certification of compliance with
the requirements of the Fair Housing Act of 1988 and the Housing for
Older Persons Act as are applicable. The certification of compliance
shall also contain a hold harmless and indemnification provision protecting
the Township of Lopatcong from any and all civil rights or other lawsuits
arising out of the developer's or its successor in title's failure
to comply with the Fair Housing Act of 1988 and amendments thereto.
(c)
Prior to the issuance of certificates of occupancy and as a condition of an initial or a change in the occupancy, tenancy or nature of use, the Zoning Officer shall verify compliance with the age restrictions, established by Subsection C(14)(a) above, for residents of the AARC. Upon application for a certificate of occupancy, all prospective occupants of the respective residential units shall furnish conclusive proof of age, such as a certified birth certificate or valid driver's license to the Zoning Officer.
A.
Purpose. The purpose of the AH Zone is to provide
a realistic opportunity for lower-income housing to be constructed
within the guidelines set forth in the Mount Laurel II decision. Special
standards and procedures applicable to these areas only are set forth
herein to expedite the production of lower-income housing.
C.
Requirements for density and bulk. In general, the standards in § 243-68, Garden apartment and townhouse residential development, shall apply. However, the Board may waive or modify specific standards where it can be demonstrated that the waiver or modification will not impair the intent or purpose of the standard or adversely impact the health and safety of the future residents.
(1)
The Planning Board may reduce the distances between
buildings by not more than 1/3 if there is an angle of 20° or
more between buildings and if extensive landscaping or buffers are
placed between buildings.
(2)
The maximum density of residential development for any lower-income housing development or any development partially including a lower-income household development in the AH Zone shall be 6.0 dwelling units per buildable acre, calculated per § 243-83, excluding lower-income housing. The maximum gross density, including lower-income housing and all other housing, shall in no case exceed 6.5 dwelling units per acre. This density is predicated on the provision of a central sewage disposal system. Without sewer, density will be that of the R-150 Zone.
The following regulations shall apply in the
PO Professional Office Zone:
A.
Permitted principal uses shall be as follows:
(1)
Office buildings for professional, executive and/or
administrative purposes.
(2)
Scientific, engineering and/or research laboratories
devoted to research, design and/or experimentation and processing
and fabricating incidental thereto, provided that no materials or
finished products shall be manufactured, processed or fabricated on
the premises for the purpose of sale except such as may be incidental
to the research or design operations.
(3)
Medical service and care facilities, hospital support
services and nursing and convalescent homes.
[Amended 11-1-2000 by Ord. No. 2000-32]
(4)
Professional office park developments.
B.
C.
Conditional uses shall be as follows: none.
D.
Special provisions and requirements applicable in
the PO Zone shall be as follows:
(1)
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all uses developed in this zone. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 243-62.
(2)
Screening and buffer strip. Whenever a developed use in this zone abuts any of the residential zones or a Retail Business Zone, the buffer strip required above shall also contain screening, such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62.
(3)
Permitted research laboratories shall at no time result
in or cause:
(a)
Dissemination of dust, smoke, smog, observable
gas, fumes or odors or other atmospheric pollution, objectionable
noise, glare, vibration or radiation.
(b)
Hazard of fire, explosion or other physical
hazard to any adjacent building or to any plant growth on any land
adjacent to the site of the use.
The following regulations shall apply in the
RB Retail Business Zone:
A.
Permitted principal uses shall be as follows:
(1)
Single-family, two-family dwellings and duplexes as
regulated in the R-75 Zone.
(2)
Retail business establishments which are clearly of
a community service character, such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods
and other such food items.
(b)
Pharmacies.
(c)
Stationery, tobacco, newspaper and flower shops.
(d)
Restaurants, luncheonettes and confectionery
stores.
(e)
Hardware, paint, dry good, small appliance and
furniture stores.
(f)
Clothing, accessory and jewelry stores.
(3)
Personal service establishments which are clearly
of a community service character, such as but not limited to the following:
(4)
Municipal buildings, public schools, parks, playgrounds
and recreation areas deemed necessary and appropriate by the Township,
as regulated in the R-75 Zone.
(5)
Churches and other similar places of worship, parish
houses, convents and other such facilities of recognized religious
groups, as regulated in the R-75 Zone.
(6)
Public and semipublic buildings, such as libraries,
museums, transportation stations, other private schools, nonprofit
recreation clubs, fraternal organizations, eleemosynary uses and other
nonprofit uses similar in nature and scale to those permitted above,
as regulated in the R-75 Zone.
(7)
Hospital support services.
[Added 11-1-2000 by Ord. No. 2000-32]
B.
Permitted accessory uses shall be as follows:
(2)
Private garage space for the storage of business vehicles
used in conjunction with a permitted business use.
(3)
Facilities and services which are essential and subordinate
to the operation of a permitted use.
(4)
Dwelling units accessory to a principal business use,
provided that such dwelling is located in the same building with the
principal use.
C.
Conditional uses shall be as follows:
(1)
Service stations (motor vehicle or automobile service
stations, filling or gasoline stations, motor vehicle or automobile
repair garages).
D.
Special provisions and requirements applicable in
the RB Zone shall be as follows:
(1)
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all nonresidential uses developed in this zone except as herein provided. Such buffer strips shall be a minimum of five feet in width and shall meet the requirements prescribed in § 243-62.
(2)
Adjoining parking lots. A buffer strip is not required
along a lot line between parking lots of business uses within this
zone, provided that passage between the parking lots is permitted,
and further provided that, where the combined width of the two parking
lots exceeds 120 feet, a landscaped island, a minimum of 10 feet in
width, shall be located within the parking lot and run the depth of
the parking lot, except for vehicular aisles.
The following regulations shall apply in the
HB Highway Business Zone:
A.
Permitted principal uses shall be as follows:
(1)
Farms.
(4)
Uses permitted in the ROM Zone, limited to § 243-75A(4), (10) and (12), with § 243-75A(12) being permitted only in the portion of the HB Zone south of the Norfolk Southern Railroad right-of-way.
[Amended 11-1-2000 by Ord. No. 2000-28; 12-1-2004 by Ord. No. 2004-18; 7-6-2011
by Ord. No. 2011-07; 11-2-2011 by Ord. No. 2011-15]
(5)
Commercial indoor and outdoor recreation facilities.
(6)
Solar or photovoltaic energy facilities or structures shall be permitted
as an accessory use provided that the solar or photovoltaic energy
facilities are: located on the same property as the principal permitted
use; secondary to the use of the property for the permitted principal
use; designed to offset part or all of the permitted principal use's
on-site energy consumption; and designed to generate not more than
110% of the power consumed on-site by the permitted principal use.
Solar or photovoltaic energy facilities as an accessory use shall
comply with the following standards:
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No.
2011-15]
(a)
Solar panels shall be permitted as a rooftop installation provided
that no part of the solar panel or associated equipment shall exceed
a height of eight inches above the roof surface if installed on a
sloped roof or three feet if installed on a flat roof. In no event
shall the placement of the solar panels result in a total height including
building and panels than that which is permitted in the zoning district
where the panels are located.
(b)
Solar panels shall be permitted as ground arrays in accordance
with the following:
[1]
All ground arrays shall meet the setback requirements for accessory
structures of the zone district in which the property is located.
[2]
Ground arrays shall not be permitted in a front yard.
[3]
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
[4]
Ground arrays shall not exceed a height of six feet if constructed
over gravel, concrete or other impervious surface and shall not exceed
a height of eight feet if constructed over grass or other vegetative
ground cover.
(c)
If natural screening does not exist, evergreen screening shall
be planted to provide a visual buffer as necessary from the street
view or adjacent residential properties, installed at a minimum height
of eight feet, with appropriate plant species and in a design as required
by the approving Board. The buffer screening shall be planted in such
a manner that it does not impair the functionality of the system.
(d)
All electrical wires servicing a ground-mounted solar system,
other than the wires necessary to interconnect the solar panels and
the grounding wires, shall be located underground.
(e)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(f)
The installation of a solar energy system shall be in compliance
with the National Electric Code as adopted by the NJ Department of
Community Affairs.
(g)
Energy systems that connect to the electric utility shall comply
with the New Jersey Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
B.
C.
Conditional uses shall be as follows:
D.
Special provisions and requirements applicable in
the HB Zone shall be as follows:
(1)
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines created within a development in this zone, except as herein provided. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 243-62.
(2)
Joint driveways. Wherever practical, driveways shall
be located at the side property line to allow joint use of access
with the adjacent property.
(3)
Adjoining parking lots. A buffer strip is not required
along a lot line between parking lots of business uses within this
zone, provided that passage between the parking lots is permitted
and, further, provided that, within 50 feet of each side of the lot
line, a landscaped island at least 10 feet in width or a landscaped
yard area at least 10 feet in width shall be provided, running the
depth of the parking lot, except for vehicular aisles.
(4)
Screening and buffer strip. Whenever a developed use in this zone abuts any of the residential zones or use or a Retail Business Zone, the buffer strip in shall also contain screening, such as hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62.
(5)
Permitted industrial uses shall at no time result
in or cause:
[Amended 2-19-1992 by Ord. No. 1992-05; 2-3-1999 by Ord. No. 1999-02; 11-1-2000 by Ord. No. 2000-28]
The following regulations shall apply in the
ROM Research Office and Manufacturing Zone:
A.
Permitted principal uses shall be as follows:
(1)
Farms.
(3)
Industry which involves only the processing, assembly,
packaging or storage of previously refined materials, such as but
not limited to the following industries:
(4)
Offices for business, executive, professional and
administrative purposes.
(5)
Computer and data processing centers.
(6)
Scientific, engineering and/or research laboratories
devoted to research, design and/or experimentation and processing
and fabricating incidental thereto, provided that no materials or
finished products shall be manufactured, processed or fabricated on
the premises for the purpose of sale except such as may be incidental
to the research or design operation.
(7)
Integrated industrial/office park development.
(8)
Except for the ROM Zone situate along Belview Road,
collocation of wireless telecommunication equipment and facilities
shall be permitted in the ROM Zone, and wireless telecommunication
towers shall be a conditional use in the same part of the ROM Zone.
The same uses shall also be permitted and conditional, respectively,
in the HB Zone.
(9)
Hospital support services.
[Added 11-1-2000 by Ord. No. 2000-32]
(10)
Mini-warehouse/self-storage facility. A self-storage
and/or mini-warehouse facility that is designed exclusively for such
use, subject to the following provisions:
[Added 12-1-2004 by Ord. No. 2004-18]
(a)
Minimum lot area shall be 15 acres.
(b)
The rental storage area shall be a minimum of
80,000 square feet.
(c)
No storage shall be permitted out of doors except for a designated storage area for boats on trailers and recreational vehicles, which area shall not exceed 10% of the developable area of the site as calculated under § 243-83, Critical area calculation.
(d)
Mini-warehouses and self-storage facilities
shall provide for the dead storage of customer's goods and materials
only. No business activity other than the rental of storage space
and the sale of packing materials associated with moving and/or storage
of goods and materials shall be permitted.
(e)
One operational manager's office shall be permitted
as an accessory use to the principal use of the mini-storage or self-storage
warehousing use.
(f)
The lot containing the mini-warehouse/self-storage
use shall be located on and accessed from a collector or arterial
roadway. Vehicular access from a local street serving residential
uses is prohibited.
(g)
The minimum front yard shall be 100 feet. The
minimum rear and side yards shall be 75 feet; provided, however, that
the minimum rear and side yards may be 50 feet when the facility is
located adjacent to a nonresidential building in a nonresidential
zone. All other requirements for the district, including but not limited
to floor area ratio, building coverage, maximum impervious surface,
building height and minimum buffer requirements shall apply.
(h)
All yards shall be landscaped to provide appropriate
visual screening and/or buffering from residential developments within
500 feet of the facility. The visual screening may include masonry
walls, decorative fencing and/or planted screening. Planted screening
shall consist of a twenty-foot-wide staggered row of evergreen trees
10 feet on center and other plant materials to provide a visual screen.
Where existing specimen trees or other mature vegetation serves as
a planted screen, supplemental plant materials can be provided as
needed to affect a visual screen in lieu of the twenty-foot wide evergreen
screen.
(i)
Facades of all structures abutting residential
zones or residential uses or within 500 feet of a residential zone
or use shall be constructed of materials which are of brick, decorative
masonry, finished wood, or a combination of materials which will be
compatible with the uses in the area.
(j)
No structures shall exceed 2 1/2 stories
or 35 feet. All storage buildings of more than one story shall provide
elevators for goods and materials to be stored. Buildings greater
than one story shall provide one loading space for every 20,000 square
feet of gross floor area of such building.
(k)
Internal driveway aisles shall be a minimum
of 24 feet with parking permitted on both sides of the driveway. A
driveway aisle where access is only on one side may be a minimum of
20 feet in width.
(l)
All outdoor lighting shall be shielded to direct
light and glare only onto the premises and shall be only of sufficient
intensity to discourage vandalism and theft.
(m)
No mini-warehouse or self-storage unit doors
shall be constructed to open to a public street or to a residential
zone district.
(n)
No outdoor storage of goods or materials shall
be permitted except for a designated storage area for boats, recreational
vehicles and other motorized vehicles, provided that such storage
area does not exceed 10% of the developed self-storage area, is fenced
and is screened from public roadways and residential uses within 500
feet of the boat, recreational and other motorized vehicle storage
area. No repair or servicing of motorized vehicles shall be permitted
except for minor repairs in order to make a stored vehicle mobile,
such as repair of flat tires, changing of batteries or repair of required
safety devices such as taillights, headlights and turning signals.
The use of boats, recreational vehicles or other vehicles as a residence
or for any habitation purposes shall be prohibited while the boat
or vehicle is stored at the storage facility premises.
(o)
Off-street parking shall include a minimum of
one space for the operational manager's office, four visitor parking
spaces at the operational manager's office, one parking space for
each employee other than the operational manager during peak periods,
plus one parking space per 2,000 square feet gross self-storage or
mini-warehousing facility floor area. One loading space shall be provided
for every 20,000 square feet of gross floor area of the storage facility.
(p)
Trash receptacles and dumpsters shall be screened
from public streets and adjacent residential uses utilizing masonry
material similar to the facade of the building. Screening walls shall
be of a masonry material that is compatible in character with the
building material facade.
(r)
Lopatcong Township prohibits the following uses
in mini-warehouse/self-storage facilities:
[1]
Auctions; commercial wholesale or retail sales
and miscellaneous or garage sales.
[2]
The servicing, repair or fabrication of motor
vehicles, boats, trailers, lawn mowers, appliances or other similar
equipment.
[3]
The operation of power tools, spray-painting
equipment, table saws, lathes, compressors, welding equipment, kilns
or other similar equipment.
[4]
The establishment of a transfer and storage
business.
[5]
Any use that is noxious or offensive because
of odors, dust, noise, fumes or vibrations.
[6]
The use or storage of hazardous chemicals and
explosives.
(11)
Flexible office/warehouse. A flexible office/warehouse
facility that is designed exclusively for such use, subject to the
following provisions:
[Added 12-1-2004 by Ord. No. 2004-18]
(12)
Solar and photovoltaic energy facilities. Solar or photovoltaic
energy facilities or structures shall be permitted, subject to the
following provisions:
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No.
2011-15]
(a)
Minimum lot area shall be 20 acres.
(b)
Solar or photovoltaic energy facilities and structures shall
not occupy any area beyond the required principal building setbacks
for the zone in which the facility is to be located and they shall
not be located within 200 feet of the boundary of a residential zone
or residential use.
(c)
No portion of solar or photovoltaic energy facilities and structures
shall occupy areas of land designated by NJDEP as floodplains, flood
hazard areas, wetlands, wetland transition areas or riparian corridors.
A three-hundred-foot buffer shall be maintained from NJDEP designated
Category One waters.
(d)
No soil shall be removed from any site upon which solar or photovoltaic
energy facilities and structures are to be constructed. Within areas
containing prime farmland soils and farmland soils of statewide significance,
as identified by the USDA Natural Resources Conservation Service,
there shall be no concrete footings constructed to support solar or
photovoltaic racking systems or other structures in order to more
readily enable the potential future use of these areas for active
agricultural uses. Concrete pads for inverters and similar equipment
and concrete footings for security fencing may be constructed within
areas containing these soils. Grading within prime farmland and farmlands
of statewide significance shall be limited to only that necessary
to construct access roads and for construction of equipment pads.
(e)
Solar or photovoltaic energy facilities and structures shall
be screened from the public traveled way, preserved open space, preserved
farmland and national- or state-registered historic resources or from
adjoining residential uses or zones, with said screening by a combination
of berms, landscaping and fencing.
(f)
The maximum permitted vertical height above ground for solar
energy panels shall be eight feet.
(g)
All electrical wires servicing a ground-mounted solar system,
other than the wires necessary to interconnect the solar panels and
the grounding wires, shall be located underground.
(h)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(i)
The installation of a solar energy system shall be in compliance
with the National Electric Code as adopted by the NJ Department of
Community Affairs.
(j)
Energy systems that connect to the electric utility shall comply
with the New Jersey Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
(k)
A maintenance plan shall be submitted for the continuing maintenance
of all plantings. All ground areas occupied by the solar energy facility
or structure installation that are not utilized for access driveways
shall be planted and maintained with low maintenance sun- and shade-tolerant
grasses for the purpose of soil stabilization. The "OVN" seed mixture
provided through the South Jersey Farmers Exchange (856-769-0062)
is suitable for these purposes. It is a mixture of 40% perennial rye
grass, 30% creeping fescue and 30% chewing fescue applied at a rate
of five pounds per 1,000 square foot.
(l)
A grading and drainage plan shall be submitted under the seal
of a licensed professional engineer and shall provide the details
to adequately demonstrate to the reviewing agency that no stormwater
runoff or natural water shall be so diverted as to overload existing
drainage systems or create flooding. Calculations shall be provided
to adequately demonstrate that existing preconstruction stormwater
runoff rates shall not be exceeded in the post development condition.
(m)
Solar energy facilities and structures shall not result in reflective
glare as viewed from second story level (20 feet above ground) on
adjoining properties.
(n)
Site plans and zoning permit applications for solar energy systems
shall be accompanied by standard drawings of the solar panels, inverters,
substations and any other required structures. The design shall be
signed and sealed by a professional engineer, registered in the State
of New Jersey, certifying that the design complies with all of the
standards set forth in all applicable codes then in effect in the
State of New Jersey and all sections referred to hereinabove.
(o)
All photovoltaic facilities including all solar arrays and associated
equipment shall be dismantled and removed promptly after 180 continuous
days of nonuse. Applicants shall be required to submit a decommissioning
plan at time of site plan application is filed for approval.
B.
Permitted accessory uses shall be as follows:
(2)
Outdoor bulk storage subject to the provisions of § 243-64.2.
[Added 12-3-2003 by Ord. No. 2003-19]
(3)
Solar or photovoltaic energy facilities or structures shall be permitted
as an accessory use provided that the solar or photovoltaic energy
facilities are: located on the same property as the principal permitted
use; secondary to the use of the property for the permitted principal
use; designed to offset part or all of the permitted principal use's
on-site energy consumption; and designed to generate not more than
110% of the power consumed on-site by the permitted principal use.
Solar or photovoltaic energy facilities as an accessory use shall
comply with the following standards:
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No.
2011-15]
(a)
Solar panels shall be permitted as a rooftop installation provided
that no part of the solar panel or associated equipment shall exceed
a height of eight inches above the roof surface if installed on a
sloped roof or three feet if installed on a flat roof. In no event
shall the placement of the solar panels result in a total height including
building and panels than that which is permitted in the zoning district
where the panels are located.
(b)
Solar panels shall be permitted as ground arrays in accordance
with the following:
[1]
All ground arrays shall meet the setback requirements for accessory
structures of the zone district in which the property is located.
[2]
Ground arrays shall not be permitted in a front yard.
[3]
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
[4]
Ground arrays shall not exceed a height of six feet if constructed
over gravel, concrete or other impervious surface and shall not exceed
a height of eight feet if constructed over grass.
(c)
If natural screening does not exist, evergreen screening shall
be planted to provide a visual buffer as necessary from the street
view or adjacent residential properties, installed at a minimum height
of eight feet, with appropriate plant species and in a design as required
by the approving Board. The buffer screening shall be planted in such
a manner that it does not impair the functionality of the system.
(d)
All electrical wires servicing a ground-mounted solar system,
other than the wires necessary to interconnect the solar panels and
the grounding wires, shall be located underground.
(e)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(f)
The installation of a solar energy system shall be in compliance
with the National Electric Code as adopted by the NJ Department of
Community Affairs.
(g)
Energy systems that connect to the electric utility shall comply
with the New Jersey Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
C.
Conditional uses, subject to standards set forth in Article XV, Conditional Uses, shall be as follows:
[Amended 7-6-2011 by Ord. No. 2011-07; 11-2-2011 by Ord. No.
2011-15]
D.
Special provisions and requirements applicable in
the ROM Zone shall be as follows:
(1)
Permitted uses shall at no time result in or cause:
(2)
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, created within a development in this zone. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 243-62.
(3)
Screening. Whenever a developed use in this zone abuts any of residential zones or use or a Retail Business Zone, the buffer strip shall also contain screening, such as dense hedges, decorative fencing or land earth berms as further prescribed in § 243-62.
(4)
All outdoor bulk storage shall be in the rear or side yard with a
minimum twenty-five-foot buffer of dense evergreen plant material
and/or fences as deemed necessary by the Board to achieve the intended
buffer. The buffer width shall be increased if the height of an outdoor
bulk storage structure exceeds 14 feet as follows: Add one foot to
the minimum buffer width for every one foot of height that exceeds
14 feet.
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No.
2011-15]
E.
Area, lot and bulk regulations applicable to permitted uses and accessory uses are specified in Article XVI, Schedule of Area, Lot and Bulk Regulations.
F.
Telecommunications equipment and facilities.
(1)
PUBLIC VIEW
SEARCH AREA
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT
AND/OR TOWERS
WIRELESS TELECOMMUNICATIONS TOWER
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
That geographic area (which may or may not extend beyond
municipal boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the FCC.
A fenced-in area which houses any combination of wireless
telecommunications structures, buildings, antennas, equipment and/or
towers.
Buildings and/or structures and equipment for the delivery
of wireless telecommunications, except for satellite dish antennas.
For purposes of this definition, wireless telecommunications structures,
antennas, equipment and/or towers may be collectively referred to
herein as wireless telecommunications facilities.
A vertical structure used to support wireless telecommunications
antennas.
(2)
Purpose. The purpose of this subsection is to regulate
the location and placement of wireless telecommunications structures,
antennas and equipment within the Township of Lopatcong. It is also
the purpose of this subsection to recognize that the installation
of new towers to support such antennas has a negative impact on the
scenic and historic character of the countryside which the Lopatcong
Township Master Plan seeks to protect. This subsection seeks to meet
the mandate of the Telecommunications Act of 1996, while at the same
time limiting the proliferation of wireless telecommunications towers.
(3)
Permitted use/conditional use treatment.
(a)
Notwithstanding anything herein to the contrary,
the installation of wireless telecommunications antennas on existing
structures, subject to minor site plan approval and consistent with
the visual compatibility requirements of this chapter, shall be a
permitted use in all ROM Zone districts of the Township, except the
portion of the ROM Zone along Belview Road.
(b)
Notwithstanding anything herein to the contrary,
wireless telecommunications towers consistent with the visual compatibility
requirements and conditional use standards for the location of wireless
telecommunications antennas or towers shall be a conditional use within
the ROM Zone of the Township, except for that portion of the ROM Zone
along Belview Road.
(4)
Visual compatibility requirements.
(a)
Wireless telecommunications antennas on existing
structures or buildings and wireless telecommunications towers shall
be located, designed and screened to blend with the existing natural
or built surroundings so as to minimize visual impacts through the
use of color and camouflaging, architectural treatment, landscaping
and other available means, considering the need to be compatible with
neighboring residences and the character of the community.
(b)
The wireless telecommunications equipment compound
shall be enclosed within a solid wooden fence at least seven feet
and no more than eight feet high, as approved by the Township Engineer,
which shall include a locking security gate. The height of the equipment
building shall not exceed 15 feet.
(c)
A wireless telecommunications equipment compound
consisting of no more than 1,500 square feet may be erected in support
of such antenna arrays, provided it is:
[1]
Situated behind, existing structures, buildings
or terrain features which will shield the wireless telecommunications
compound from public view; or
[2]
When a location out of public view is not possible,
a landscape buffer of 20 feet in width shall be provided outside the
fence around the wireless telecommunications equipment compound to
shield the facility from public view. Landscaping shall include native
evergreen and deciduous trees at least eight feet high at the time
of planting, and the number of trees shall be based on the equivalent
of staggered double rows at 15 feet on center.
(5)
Conditional use standards for the location of wireless
telecommunications antennas or towers.
(a)
An applicant desiring to construct wireless
telecommunications antennas in the ROM Zone of the Township, except
that portion of the ROM Zone along Belview Road, shall provide information
making out a sufficient showing so as to:
[1]
Present documentary evidence regarding the need
for wireless telecommunications antennas at the proposed location.
This information shall identify the wireless network layout and coverage
areas to demonstrate the need for new equipment at a specific location
within the Township.
[2]
Provide documentary evidence that a good faith
attempt has been made to locate the antennas on existing buildings
or structures within the applicant's search area. Efforts to secure
such locations shall be documented through correspondence by or between
the wireless telecommunications provider and the property owner of
the existing buildings or structures.
[3]
Document the locations of all existing communications
towers within the applicant's search area and provide competent testimony
by a radio frequency engineer regarding the suitability of potential
locations in light of the design of the wireless telecommunications
network. Where a suitable location on an existing tower is found to
exist, but an applicant is unable to secure an agreement to collocate
its equipment on such tower, the applicant shall provide sufficient
and credible written evidence of its attempt or attempts to collocate.
[4]
Demonstrate efforts to site new wireless antennas,
equipment or towers within the applicant's search area according to
the priority schedule below. Such demonstration shall include the
block and lot of any parcel for which the wireless provider has attempted
to secure a lease or purchase agreement and copies of all correspondence
by or between the wireless provider and the property owner.
[5]
Comply with the Township standard that no wireless
telecommunications towers shall be permitted which would require lighting
affixed thereto under FCC, Federal Aviation Administration (FAA) or
any other governmental agency regulations or requirements.
(b)
An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection F(5)(a) above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-65:
(6)
Site plan application requirements for the installation
of wireless telecommunications towers.
(a)
All site plan details required by this chapter
shall be provided and shall include the site boundaries; tower location;
existing and proposed structures, including accessory structures;
existing and proposed ground-mounted equipment; vehicular parking
and access; and uses, structures, and land use designations on the
site and abutting parcels.
(b)
A landscape plan drawn to scale generally showing
proposed landscaping, including species type, size, spacing, other
landscape features and existing vegetation to be retained, removed
or replaced.
(c)
An environmental impact study.
(d)
A report from a qualified expert certifying
that the wireless telecommunications tower and equipment facility
comply with the latest structural and wind loading requirements as
set forth in the Building Officials and Code Administrators (BOCA)
International, Inc. Code, including a description of the number and
type of antennas it is designed to accommodate.
(e)
A letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing market
rates and conditions. The letter of commitment shall be recorded prior
to issuance of a building permit. The letter shall commit the tower
owner and successors in interest.
(f)
Elevations of the proposed tower and accessory
building generally depicting all proposed antennas, platforms, finish
materials and all other accessory equipment.
(g)
A copy of the lease (with confidential or proprietary
information redacted) or deed for the property.
(h)
The wireless telecommunications tower shall
be designed and constructed so as to accommodate a maximum but in
no event less than two antenna arrays of separate telecommunication
providers.
(7)
Antenna modifications.
(a)
Whenever antennas are modified, operators of
wireless telecommunications facilities shall provide to Lopatcong
Township a report from a qualified expert certifying that a wireless
telecommunications tower or building or other support structure as
modified complies with the latest structural and wind loading requirements
as set forth in the Building Officials and Code Administrators (BOCA)
International, Inc., Code.
(b)
Operators of wireless telecommunications facilities
shall notify Lopatcong Township when the use of such antennas and
equipment is discontinued. Facilities that are not in use for wireless
telecommunications purposes for 18 months shall be removed by the
provider at its cost. This removal shall occur within 120 days of
the end of such eighteen-month period. Upon removal, the site shall
be cleared, restored and revegetated to blend with the existing surrounding
vegetation at the time of abandonment.
(8)
Collocation and shared facilities and sites.
(a)
FCC-licensed wireless telecommunications providers
are encouraged to construct and site their facilities with a view
toward sharing facilities with other utilities, collocating with other
existing wireless facilities and accommodating the collocation of
other future facilities where technically, practically and economically
feasible.
(b)
An FCC-licensed wireless telecommunications
provider proposing a new wireless telecommunications facility shall
demonstrate that it has made a reasonable attempt to find a collocation
site acceptable to radio frequency engineering standards and that
none was practically or economically feasible. Evidence demonstrating
that no existing wireless telecommunications tower or building or
structure can accommodate the provider's proposed antenna may consist
of any one or more of the following:
[1]
No existing towers or structures are located
within the geographic area that is necessary to meet the provider's
radio frequency engineering requirements to provide reliable coverage.
[2]
Existing towers or structures are not of sufficient
height and cannot be made to be of sufficient height to meet the provider's
radio frequency engineering requirements or do not have sufficient
structural strength to support the provider's proposed antenna and
related equipment.
[3]
The provider's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures or the antenna on the existing towers or structures
would cause interference with the provider's proposed antenna.
[4]
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
[5]
The provider demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(9)
Application and escrow fees. Site plan application
fees and escrows for wireless telecommunications installations shall
be as set forth in § 243-27C(2)(e) of this chapter.
[Added 6-23-2003 by Ord. No. 2003-13]
The following regulations shall apply in the
PCSRD Planned Community School and Recreation District Overlay Zone:
A.
Intent. The intent of this section is to establish
a unified set of area, bulk and yard requirements to guide the comprehensive
development of a public school and related recreation facilities in
accordance with an approved redevelopment plan within the Township
redevelopment area. The redevelopment area is located on the north
side of Upper Belvidere Road between the Township public pool and
the Delaware Park residential neighborhood, more specifically known
as Lot 44 in Block 2 and is comprised of three different residential
zones: R-100, R-150 and R-5/2. This PCSRD Zone is an overlay redevelopment
district that shall encompass the 121.88 acre redevelopment area,
and the herein contained standards shall only apply to a public school
development. The existing residential zoning designations will be
retained, and any uses for the property other than a public school
shall be governed by the underlying zoning district regulations.
D.
Provisions and requirements.
(1)
Area, yard, height and coverage requirements.
The following design guidelines may apply to the public buildings,
recreational facilities and schools located in the Planned Community
School and Recreational District Overlay Zone:
(2)
Accessory structures may not be located in any
front, side or rear yard.
(3)
Any principal building may contain more than one use of organization. The lot may contain more than one principal building, provided that each building conforms to the design guidelines expressed in § 243-75.1D(1)(b) above.
(4)
General regulations.
(a)
Outdoor recreation facilities. Outdoor recreation
facilities shall be designed to minimize their impact on abutting
residential neighbors. No playing field, running tract, tennis court
or seating area for outdoor events, utility building, concession area
or parking area shall be located within 100 feet of a property line.
(b)
Site grading. No cut or fill slopes shall be
permitted within five feet of a property line. Grading on slopes of
25% or greater should be avoided, but when avoidance is not practical
the resulting slopes should be retained by walls in order to minimize
disturbance of the area. Every effort should be made to maintain the
tract's forested areas and hedgerows. If this is not possible, the
use of retaining walls and other creative design techniques is encouraged
to minimize the loss of these natural resources.
(c)
Retaining walls. No retaining wall should be
located within five feet of a property line. Retaining walls over
four feet in height should be located no closer to a property line
than twice the actual height of the retaining wall as measured at
its greatest height. A retaining wall or combination of walls that
exceed 10 feet in height and face a residential dwelling on an abutting
property should be landscaped in a manner which reduces their visual
impact on the neighboring dwelling.
(d)
Buffers. A landscaped buffer of a minimum width
of 25 feet should be maintained between a residence located on an
abutting property and any proposed buildings, outdoor recreation facilities
or parking areas.
(e)
Site lighting. Care should be taken to locate
activities that are conducted during evening and nighttime hours away
from residential neighborhoods. Outdoor lighting should be designed
to provide only the minimum amount of light required for the proposed
activity. Outdoor lighting should be reduced to the minimum necessary
for security during periods of nonuse or turned off entirely if public
safety is not an issue. All site lighting should be shielded to prevent
glare from entering residential areas or homes.
