Application for a conditional use shall be granted only if the same will not be detrimental to the health, safety and general welfare and shall adhere to the procedures and standards established in this chapter.
A. 
Conditional uses within this classification. Motor vehicle or automobile service stations, filling or gasoline stations and motor vehicle or automobile repair garages are permitted, if found appropriate, as a conditional use.
B. 
Provisions and requirements. In addition to the requirements specified in the Schedule of Area, Lot and Bulk Regulations,[1] applicable requirements of the general regulations and the standards required for an approved site plan, the following requirements shall be provided:
(1) 
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines (or boundaries of the area leased for the use in the case of a business center) other than street lines, except that access driveways may cross, but shall not otherwise be located within, the buffer strip, if necessary. Such buffer strips shall be a minimum of 10 feet in width and shall meet the requirements prescribed in § 243-62.
(2) 
Screening. 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) 
No public or private garage accommodating more than five vehicles and no service station shall have any entrance or exit within 200 feet of the entrance to a public school, public library, theater, church, hospital, public park, playground or fire station.
(4) 
All public garages and service stations shall be so arranged and all gasoline pumps shall be so placed as to permit all services to be rendered entirely within the lot lines. No gasoline or oil pump shall be placed within 25 feet of any street line or lot line.
(5) 
The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below finished grade, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
(6) 
Accessory goods for sale may be displayed out of doors on the pump island(s) and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be on the above islands only if contained within a suitable stand or rack but shall not include tire racks or sheds. Tires shall be stored only inside the principal building or in the waste materials area, except that two tires may be displayed on the building island only. No vending machines shall be located out of doors.
(7) 
The entire area of the site traveled by motor vehicles shall be hard surfaced in accordance with Chapter 203, Streets and Sidewalks, of the Code of the Township of Lopatcong.
(8) 
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.
(9) 
No vehicles shall be permitted to be standing or parked on the premises of a filling station other than those used or serviced by the employees.
(10) 
Any outdoor storage of waste materials or supplies shall be to the rear of the building and within an area screened or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 100 square feet and shall be not closer than 15 feet to any lot or street line and not closer than 25 feet to another lot which is within a residential district or a street line which is across the street from a residential district.
(11) 
No waste material whatsoever shall be discharged into any watercourse or storm drainage system.
(12) 
In addition to the signs permitted in the HB Zone, service stations may also exhibit one temporary sign located no less than 10 feet inside the property line and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.
(13) 
No liquid petroleum products or other flammable material shall be stored above ground out of doors, nor shall more than 300 gallons of such materials be stored within a building.
(14) 
Truck stops are prohibited.
[Added 4-6-2022 by Ord. No. 2022-03]
[1]
Editor's Note: The Schedule of Area, Lot and Bulk Regulations is included as an attachment to this chapter.
[Added 2-19-1992 by Ord. No. 1992-05; amended 8-2-2000 by Ord. No. 2000-15; 11-1-2000 by Ord. No. 2000-28; 9-2-2015 by Ord. No. 2015-10]
A. 
Advertising signs are defined as a sign which directs attention to a business, commodity, or service conducted, sold or offered elsewhere.
B. 
Advertising signs shall be permitted in the HB and ROM Zones east of the intersection of State Highway Nos. 57 and 22, if found appropriate, as a conditional use, under the following conditions:
(1) 
Such signs shall constitute an allowed second principal use on site.
(2) 
Advertising signs shall only be allowed along State Highway Nos. 22 and 57 and shall be located within 70 feet of the state highway right-of-way. Setback from the right-of-way shall be sufficient to allow installation and maintenance without encroachment into the right-of-way.
(3) 
Advertising signs shall not exceed 675 square feet in area per side, 50 feet in length and 14 feet in sign height. Total height of sign and mounting structure shall not exceed 25 feet above the elevation of the closest edge of the traveled way of the highway.
(4) 
No advertising sign shall interfere with the required sight distances necessary for the safe ingress and egress to a site.
(5) 
Signs shall be located so as to allow clear visibility to approaching traffic for a minimum distance of 600 feet. No advertising sign shall interfere with the required visibility of any other advertising sign. No advertising sign shall interfere with the required visibility of any on-premises business sign. No advertising sign shall be within 3,000 feet of any other advertising sign.
C. 
Any advertising sign erected in these zones must comply with the permit process outlined in § 243-52 after receiving the requisite Board approval.
[Added 5-5-1993 by Ord. No. 93-10]
Small lot single family dwellings shall be permitted in the R-120 Zone, as a conditional use, under the following conditions:
A. 
Such dwellings shall be allowed as an alternative to a mixed development including multifamily units on tracts of 100 acres or more, served by both public sewer and water.
B. 
Gross density for developments including such units shall not exceed four dwelling units per acre.
C. 
Where a tract containing small-lot single-family dwellings directly abuts a conventional or cluster development, constructed prior to January 1, 1993, a transitional area shall be provided. The transitional area may include one or more of the following:
(1) 
A road right-of-way.
(2) 
A consideration and/or drainage easement of at least 30 feet in width.
(3) 
New lots of comparable size to the existing lots.
(4) 
A twenty-foot landscaped buffer which provides year round visual screening of the smaller lots. This twenty-foot buffer shall be in addition to any yard requirements for lots on which it is located.
[Added 12-1-2004 by Ord. No. 2004-18]
The PD Planned Development Overlay is an option designed to encourage more intensive nonresidential uses in the Township's HB Highway Business and ROM Research Office Manufacturing Districts along the Route 57 and Route 22 corridors that adhere to strong design standards and in which planned, innovative and integrated development is encouraged. A flexible mix of permitted uses is allowed, including commercial, office, light industrial and flex office/warehouse uses, subject to location standards found in this section.
A. 
Applicability.
(1) 
The provisions of this § 243-77.3 shall be applicable only to tracts of land containing a minimum of 50 acres and located in the HB and ROM Districts within Tax Blocks 99, 100 and 102.
[Amended 6-6-2007 by Ord. No. 2007-19]
(2) 
The provisions of this § 243-77.3 shall be constructed as a comprehensive regulation of all projects and activities in a planned development, and in the event of a conflict between the provisions of this section and any other provision of the Lopatcong Township Code, the provisions of this § 243-77.3 shall take precedence.
B. 
Definitions; word usage.
(1) 
All definitions contained in Chapter 243 of the Code, as those definitions shall exist as of the adoption of this § 243-77.3, shall govern the provisions of this section unless a contrary meaning is clearly indicated or except otherwise provided herein.
(2) 
The term "shall" indicates a mandatory obligation while the term "may" indicates a discretionary opportunity.
(3) 
The following terms as used in this section shall be specifically defined as follows:
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development, as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
PLANNED DEVELOPMENT
An area of a minimum contiguous or noncontiguous size as specified by ordinance, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office or research or manufacturing, or any combination thereof, and other uses incidental to the predominant use as may be permitted by ordinance.
(4) 
Except as otherwise set forth herein, any term not specifically designated should be giving its ordinary meaning.
C. 
Use regulations. Property in the HB and ROM Districts shall be used and developed under the regulations of the Township Code pertaining for the respective Districts, as such regulations existed as of the adoption of this § 243-77.3 or as may have been amended subsequent to the adoption of this section, unless the development meets all of the following conditions, in which case it may be used and developed under the Planned Development (PD) regulations set forth herein.
(1) 
Principal uses. In the PD Overlay District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:
(a) 
All permitted principal uses of the HB Highway Business District, subject to the provisions of this section.
(b) 
All permitted principal uses of the ROM Research Office Manufacturing District, subject to the provisions of this section.
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(c), regarding flexible office/warehouse uses, was repealed 4-7-2021 by Ord. No. 2021-02.
(d) 
Light manufacturing and assembly operations, provided that no building is located within 400 feet from the right-of-way of U.S. Route 22.
(e) 
Public transportation stations and shelters.
(f) 
Corporate office developments and corporate conference centers.
(g) 
Mini-warehouse/self-storage facilities, provided that no building is located within 400 feet from the right-of-way of U.S. Route 22.
(h) 
Automobile dealerships for new cars and trucks.
(i) 
Telecommunications towers and antenna, subject to the provisions of § 243-75F.
(j) 
Public libraries and museums subject to:
[1] 
Location of access driveways, landscaping and site plan design being compatible with the neighborhood in which it is to be located.
[2] 
A site plan in accordance with the Lopatcong Township site plan requirements submitted to the Planning Board.
(k) 
No building or part thereof or any parking or loading area shall be located nearer than 50 feet to any street line or lot line, and no loading area shall be located in the front yard.
(l) 
Accessory uses and accessory buildings incidental to the above permitted principal uses.
(2) 
Prohibited uses.
(a) 
Sexually oriented adult entertainment, video or bookshops.
(b) 
Agriculture and horticulture, including farm markets.
D. 
Bulk and area regulations.
(1) 
Bulk standards are designed to encourage the development of large tracts, the consolidation of smaller lots into larger tracts and to promote integrated, planned development. Accordingly, bulk and area standards are more restrictive for smaller parcels than for larger tracts, and all area and bulk standards are controlled by the minimum lot areas. The following standards apply to the entire tract:
(a) 
Minimum lot size: 50 acres, 75 acres, 100 acres.
(b) 
Minimum lot width: 350 feet, 500 feet, 1,000 feet.
(c) 
Minimum yards.
[1] 
Front yard.
[a] 
Parking screened by building: 50 feet, 50 feet, 50 feet.
[b] 
Parking not screened by building: 100 feet, 100 feet, 100 feet.
[2] 
Side yard (each, where applicable): 50 feet, 75 feet, 75 feet.
[3] 
Rear yard: 80 feet, 80 feet, 80 feet.
(d) 
Maximum building coverage: 20%, 22%, 25%. [Refer to Subsection E(10) for use mix standards].
(e) 
Maximum floor area ratio: 0.20, 0.25, 0.30 (FAR shall not apply to parking structures) [Refer to Subsection E(10) for use mix standards].
(f) 
Maximum impervious coverage: 55%, 60%, 65%. [Refer to Subsection E(10) for use mix standards].
(g) 
Maximum building height, as defined in § 243-5: 45 feet and three stories.
(h) 
Subdivision of individual lots.
[1] 
The subdivision of individual lots is permitted, provided that there is conformance to an approved planned development or general development site plan.
[2] 
There shall be no maximum floor area ratio (FAR) or limitation on maximum improvement coverage for individual lots.
[3] 
Lot widths, frontages, rear yards, side yards, front yards, lot dimensions, parking lot locations and building distances may be freely arranged.
[4] 
A lot need not front on a public street so long as:
[a] 
Such lot is provided with access to a public street by means of an improved private street or driveway measuring 30 feet in width.
[b] 
The perpetual right of access and egress over the improved private street or driveway is granted by a recorded permanent easement.
[c] 
Such easement is reviewed by the Attorney and Engineer for the Board of jurisdiction to insure adequate provision for future maintenance of the private street or driveway.
[d] 
Such private street or driveway is adequate to accommodate fire trucks and other emergency vehicles.
[5] 
The minimum distances between individual buildings shall be adequate to provide for fire protection in accordance with the provisions contained in § 243-48B(6).
[6] 
The intent of these provisions is to permit individual buildings to exist as separate lots. However, each individual lot shall be subject to and may only be improved in accordance with the final site plan approval for the planned development or general development plan in accordance with the PD Overlay District regulations.
(2) 
Final subdivision approval may be granted only as part of or subsequent to final site plan approval of the planned development or general development plan. The Board of jurisdiction shall condition final subdivision approval upon submission by the applicant and approval by the Board Attorney of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances dealing with issues, including but not limited to access, security, outside cleaning and other routine external maintenance of the common open space, garbage collection, snow removal and other appropriate items that will be provided for the planned development.
E. 
Site development requirements. All proposed development shall comply with the applicable regulations set forth in Chapter 243, Zoning and Land Use, and the following requirements:
(1) 
All development in this District shall comply with the design standards contained in Subsection F.
(2) 
Planned development may have more than one freestanding principal building on a lot, more than one principal permitted or conditional use on a lot and more than one principal permitted or conditional use in a building, provided that:
(a) 
The development is designed in a unified and comprehensive plan; and
(b) 
The development parcel is a minimum of 50 acres.
(3) 
Along both principal and secondary frontage in a proposed planned development, it is required that, at a minimum, sidewalks and street trees be installed in accordance with municipal specifications and of an appropriate and acceptable nature to the Planning Board. In the event that such facilities are already present or are otherwise to be provided, the Planning Board may require provision of other reasonable amenities related to the establishment or improvement of a streetscape environment. In all cases, provision of streetscape amenities that are beyond and in addition to sidewalks and street trees (such as benches, grass strips, planters, statues and other street furniture) shall be encouraged, subject to Planning Board approval.
(4) 
A landscaped buffer of not less than 50 feet in width shall be provided along the entire perimeter of the planned development and along any existing or proposed roads, except that a buffer at least 100 feet wide shall be provided adjacent to a residential use or zone. All parking, buildings and other structures except for those utilities and driveways providing access to the tract shall be prohibited from the buffer area. Where a development in the PD Overlay District abuts any residential district, special buffering improvements shall be mandatory within required rear and/or side setbacks on the site. Said improvements shall be designed so as to significantly reduce visibility, noise and litter and shall consist of combinations of any of the following, at the discretion of the Planning Board, as needed: dense plantings, including hedges, coniferous or broad-leaf evergreens; visually impermeable fences or walls; retention of natural vegetation; and retention of natural topographic features and watercourses. Buffers shall be in accordance with § 243-62. Buffers may occur in required yard areas, but the applicant's desire to place parking or drive aisles within the required buffer area shall not constitute grounds for zoning relief from this requirement.
(5) 
All development in the PD Overlay District shall be connected to public sewer and water systems.
(6) 
New or upgraded public roadways shall meet local engineering/design standards and be dedicated to the municipality or other appropriate governmental jurisdiction. On-site driveways may be designated as site service drives and may be exempted from the preceding requirements, unless they are judged to carry volumes sufficient for the Planning Board to request their designation as public streets in accordance with the Code of Lopatcong Township. Curbing shall be required, and curb cuts shall be designed so as to limit vehicular access in accordance with proper traffic engineering principles and the New Jersey Highway Access Code and, in doing so, promote traffic safety and efficiency of flow. Vehicular access shall be from U.S. Route 22 and/or Strykers Road and shall be limited to U.S. Route 22 for all retail commercial development.
(7) 
All parking areas and walkways shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward. All lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objective is to minimize undesirable off-premises effects.
(8) 
All rights-of-way as required by the Lopatcong Township Master Plan, by the County of Warren or by the New Jersey Department of Transportation (as applicable) shall be offered for dedication at the time of site plan application.
(9) 
Parking and loading. Parking and loading spaces shall be provided in accordance with the regulations set forth in this § 243-77.3 and in Article IX of Chapter 243. When adjacent to any residential use, loading areas shall be screened with walls to obscure their view from the adjacent lot.
(10) 
A planned development shall provide a minimum of three of the permitted principal uses of the PD Overlay District. No single use shall comprise more than 60% or less than 20% of the planned development's GFA.
(11) 
Parking. Parking shall conform to the provisions of Article IX of Chapter 243 of the Code.
(12) 
Planned development recreation and open space.
(a) 
There shall be a minimum of 10% of the total area of the planned development maintained as open space which shall be free of environmentally constrained areas, as defined in § 243-78.1B, and shall otherwise be usable by the owners and occupants of the planned development. The developer shall improve the open space with facilities for the use and enjoyment of the owners and occupants of the planned development. The developer may be required to provide for an association for the maintenance of the open space and its facilities.
(b) 
Any significant geological or historical feature situate on the site may be delineated as open space and may, subject to approving authority approval, be dedicated to the Township.
(c) 
Public recreational facilities, such as playgrounds, tennis courts and community recreation areas may be situated in the open space. Such recreational facilities shall be as directed by the approving authority. Pedestrian links to the surrounding community should be incorporated into the development plan.
F. 
Design standards.
(1) 
Design review purpose. The purpose of this design section is to ensure that, among other things, general design, arrangement and use of materials for proposed buildings and structures is complementary and harmonious to the character and environment of Lopatcong Township, fosters civic pride among its residents and contributes to the overall economic development of the Township. Overall design character of buildings shall be controlled to ensure that the appearance and quality of Township communities is not eroded by poor design that is either monotonous or cluttered. The architecture, project layout (site design), landscaping and signage shall contribute to a harmonious and diverse character, while maintaining a strong sense of unity. Monotony shall be avoided. Interest and diversity shall be implemented, while avoiding chaotic or discordant design schemes.
(2) 
Applicability. Evaluation on such factors described above shall apply to all nonresidential structures in a planned development and will be reviewed and approved by the Lopatcong Township Planning Board in the best interest of the residents of Lopatcong Township.
(3) 
Building and structure design. Critical attention shall be given to building materials, use of color and texture, building or structure massing and height as they relate to site conditions and harmonious integration with similar existing elements in neighboring buildings or structures. Buildings or structures shall be designed to be part of individual communities or streetscapes that are appropriate to Lopatcong Township. Prototype or formula buildings and color schemes are undesirable unless they conform to the standards of this section.
(a) 
Facades.
[1] 
Building facades shall emphasize the architectural philosophy of relief and rhythm. Rhythm should be used in the design to provide interest and variety and avoid monotony. Details that create shade and cast shadows can be used to provide visual relief to the building. Buildings shall be broken into a series of volumes that lessen the overall mass.
[2] 
Building facades shall be segmented with architectural details such as recesses, projections, overhangs, canopies or porticos, arcades, raised parapets, peaked roof forms, integral planters and other similar features. Building facades greater than 60 feet in length (including separate buildings that are attached), shall incorporate a minimum of three architecture elements as described above. Recesses or projections shall extend a minimum of three feet from the primary building wall plane.
[3] 
There shall be no uninterrupted walls greater than 40 feet in length. The length of the building shall visually appear to be proportional to the height, using a rate of 2.5 times the height of the building equal to the length. Architectural details may be utilized to create the appearance of segmented buildings.
(b) 
Roofs. Variation of building rooflines is encouraged. Use of gable, mansard, hipped, saltbox, gambrel, pyramidal and shed roof styles are recommended. Use of flat roofs should be avoided unless hidden by parapet walls.
(c) 
Windows. Window proportions shall be balanced against the overall building size. Consideration shall be given to cohesive fenestration.
(d) 
Exterior colors. The building exterior color shall be composed of nonreflective, subtle, neutral earth tones. The use of high-intensity colors such as bright reds, oranges or yellows shall not be permitted. Metallic colors and black shall also be prohibited. Building trim and/or accents may feature complementary brighter colors that are compatible with the primary building color. Color schemes shall be harmonious and complementary with adjacent structures and developments. Neon tube lighting shall not be used for building trim or accent.
(4) 
Site design.
(a) 
Complexes. Where the development is a complex of buildings, such as a shopping center or an office or industrial park with its own design guidelines, the complex should have a strong sense of place and unity of design. The complex should not be out of keeping with the surrounding buildings, but may clearly establish its own identity. The following shall be used in evaluating the complex. The complex shall have a sense of place. This should be accomplished by several elements:
[1] 
Commonality of materials and style.
[2] 
A uniform sign package that limits style of letters, colors and has rules for size, location and height, based on building importance in the complex.
[3] 
An element or elements that provide a strong identifying image. The strength of the image should be related and proportional to the scale of the development. A small project should have an image that is more closely related to neighbors, while a large regional facility should have greater differentiation from its neighbors. Features such as a clock tower, fountain, sculpture or corner building that has a strong image are ways in which a strong identity may be created.
(b) 
Orientation and siting. In the case of freestanding buildings or structures, and depending on individual site characteristics, consideration shall be given to site design that provides a desirable visual composition, avoids blocking natural vistas and provides desirable and pleasing space enclosures.
(c) 
Screening. Careful screening of undesirable design elements such as storage areas, loading areas, trash bins and mechanical equipment (ground level or roof-mounted) is critical. These areas and items shall be screened from any adjacent residential district or use, highway, road, street or accessway. Trash and storage bins shall be located in the rear yards of the building or structure, or as recommended by the Planning Board, and screened. Screening shall be accomplished and render instant effect by either architectural design or landscaped buffer, or combination thereof, or as otherwise deemed acceptable by the Planning Board. Earth-tone colors shall be used to maintain the theme established by the primary building colors.
(d) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ARCADE
A covered passageway, often between streets, with shops or stalls; a structure composed of a series of arches supported by columns.
CANOPY
An ornamental projection over a door, window, niche, etc. Also a roof-like covering supported by columns or other device.
DORMER
A roof projection, normally with a window that is built out from the slope of a roof. The dormer has its own roof, which may be flat, arched or pointed.
EAVE
The edge of a roof. Eaves usually project beyond the side of the building.
EIFS
Exterior insulation finish system, or EIFS, is a synthetic stucco-cladding used on exterior walls in both commercial and residential construction. EIFS uses a stucco-like polymer-based outer coating containing a plastic resin, which makes the coating softer and more flexible than traditional hard-coat stucco.
FACADE
The main front of a building.
FENESTRATION
The arrangement and proportioning of windows in a building, their size, placement, style, etc.
GABLE
The triangular upper part of a wall closing the end of a ridged roof.
GAMBREL ROOF
A roof with its slope broken by an obtuse angle, the lower slope being steeper, and the upper slope gentler. Many farms have gambrel roofs.
HIP ROOF
A roof sloping directly in from the walls on every side, and thus having no gable ends.
MANSARD
A roof divided into a steep lower part and a less steep upper part on all four sides.
PARAPET
A low wall projecting from the edge of a platform, terrace or roof.
PORTICO
A colonnade or covered passageway in classical architecture.
PYRAMIDAL
A hipped roof that forms a pyramid shape.
RELIEF
The projection of a figure above the ground or plane on which it is formed.
RHYTHM
A regular or harmonious pattern created by lines, forms and colors.
SALTBOX
Similar to a gable roof, but the two sides are not symmetrical.
SHED
A sloped roof, usually a single plane.
(5) 
Design review process.
(a) 
The subsections above are set forth as design guidelines. Additional architectural elements sought to be applied to any new construction or rehabilitation to existing buildings shall be submitted to the Lopatcong Township Planning Board for approval.
(b) 
The Lopatcong Township Council reserves the right to establish an Architectural Design Advisory Board from which the Planning Board may request advice and recommendations. The advice and recommendations from the Architectural Design Advisory Board shall be made in writing and submitted to the Planning Board.
(6) 
Submittal requirements, colored renderings of the proposed new structure, renovation or rehabilitation shall be submitted for review. Renderings shall depict all building elevations, including a roof plan, and shall be drawn at a scale of 1/4 inch equals one foot, or as appropriate to adequately and accurately convey the details and overall appearance of the proposed structure(s). Rendering colors shall represent the true color of the proposed building materials and, where appropriate or requested, actual building material samples shall be submitted to clearly show the colors and textures of the proposed materials of construction.
G. 
Application procedures.
(1) 
General development plan.
(a) 
The developer of a planned development may, at his/her option, submit a general development plan (GDP) detailing the overall development of the site, which plan must conform to all requirements of N.J.S.A. 40:55D-45.1 et seq. as set forth in this chapter. The submission of GDP is not mandatory.
(b) 
If the developer submits a GDP and if the same is approved by the approving authority, all subsequent applications for developments, whether by subdivision or site plan, except as permitted by N.J.S.A. 40:55D-45.6b, shall conform to and reference the approved GDP.
(c) 
Upon approval of a GDP, the general terms and conditions of development, including the amount of square footage, circulation patterns, utility arrangements and other features, may not be changed for a period of 20 years, as provided by law.
(d) 
A GDP shall include the following:
[1] 
A general land use plan, at a scale of not less than one inch equals 200 feet, indicating the tract area and the general locations of the land uses to be included in the planned development. The lot dimensions and lot areas for the PD area and the amount of nonresidential floor area shall be set forth in sufficient detail for the approving authority to fully understand the project. It shall also include sufficient dimensions to determine if the layout complies with the provisions of this chapter and should note all easements and shall set forth, additionally, the proposed types of nonresidential units, in conformity with this section, and the land area to be occupied by each proposed use shall be estimated. The intensity of use of the entire planned development shall be set forth, and a nonresidential floor area ratio shall be provided, in conformity with this chapter.
[2] 
A circulation plan showing the general location and types of transportation facilities, including roads, sidewalks, road types (locals, collectors, private, etc.), right-of-way and road widths, center line radius, approximate road stationing and facilities for pedestrian access, and a preliminary traffic report indicating expected traffic volumes and the report thereof regarding roads and intersections within the planned development and approved improvements to the existing transportation system outside the planned development.
[3] 
An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation or recreation purposes and a general description of the improvements proposed to be made thereon, including plan for the operation and maintenance of parks and recreation lands.
[4] 
A utility plan, indicating the need for and showing the proposed location of sewerage and water lines, any drainage facilities necessitated by the physical characteristics of this site, proposed methods for handling waste disposal and a plan for the operation and maintenance of proposed utilities.
[5] 
A stormwater management plan, setting forth the proposed method of controlling and managing stormwater on the site, including preliminary stormwater management calculations, sizing and location of stormwater management facilities, including approximate location and sizing of pipes, inlets, headwalls, shale's, detention basins and ownership and maintenance of stormwater management plan.
[6] 
Environmental inventory, including a general description of the vegetation, soil, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features at the site and including wetlands, streams, floodplains and contours at five- or ten-foot intervals. All information herein required shall be mapped on an environmental inventory plan.
[7] 
A community facility plan indicating the scope and type of supporting community facilities, which may include, but not be limited to, educational or cultural facilities.
[8] 
A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, electric, water, sewer, cable, solid waste disposal and gas, including letters from the appropriate utilities indicting an ability to provide services to the site.
[9] 
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other fiscal impact potentially incurred by the municipality or school district as the result of the completion of the planned development. The fiscal report shall also include a projection of property tax revenues which would accrue to the county, municipality and school district according to the timing schedule provided under Subsection G(1)(d)[10] of this section and following completion of the planned development in its entirety.
[10] 
A proposed timing schedule, in case of a planned development whose construction is contemplated over a period of years, including any terms and conditions which are intended to protect the interests of the public and of the residents who will occupy any section of the planned development prior to the completion of the development in its entirety, and a phasing plan showing the areas to be included in each phase.
[11] 
A municipal development agreement, which shall mean a written agreement between the municipality and the developer relating to the planned development. Such agreement shall describe the obligations and rights of the developer (particularly, but not limited to, details covering such matters as the design, financial obligations as to affordable housing contributions, maintenance of common property, construction vehicle access routes, and hours for operating heavy equipment), and set forth an approved timing schedule.
(e) 
If a developer seeks to obtain a general development plan approval, the approving authority shall grant or deny general development plan approval within 95 days after submission of a complete application to its administrative office, or within such further time as consented to by the applicant. Failure of the approving authority to act within the period prescribed shall continue general development plan approval of the planned development for the twenty-year period specified above.
(f) 
In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the approving authority. The approving authority shall, in deciding whether or not to grant approval and modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region and the availability and capacity of public facilities to accommodate the proposed development.
(g) 
All of the terms and conditions of the New Jersey Revised Statutes concerning general development plan applications and approvals, as set forth in N.J.S.A. 40:55D-45.8, are deemed adopted by reference within this chapter.
(2) 
All other development applications.
(a) 
A developer may from time to time propose minor subdivisions, subject to the provisions of the Municipal Land Use Law and other provisions of Chapter 243 of the Code, as the same exists as of the adoption of this § 243-77.3.
(b) 
A developer may apply for one or more minor subdivisions, simultaneously or in series, provided that any such applications shall individually conform to the requirements set forth herein.
(c) 
Major subdivisions and site plans. A developer may simultaneously submit preliminary and final site plan applications. The approving authority shall make a determination of completeness within 45 days of the submission of the application pursuant to N.J.S.A. 40:55D-10.3. In the event that the application is deemed to be incomplete, the approving authority secretary and/or staff shall notify the applicant, in writing, setting forth the specific reasons for its decision, including a specific list of all information and documentation required for approving authority review. After the submittal is deemed complete, the approving authority shall supply the applicant with a written declaration of completeness. The approving authority shall schedule a public hearing within 60 days of its declaration of completeness. The approving authority shall render a decision within 95 days after the declaration of completeness. Either of the forgoing two time periods may, however, be extended by consent of the developer. A resolution of memorialization of the action taken by the approving authority within 45 days of its decision.
(d) 
As to planned development, the Township may not impose any additional requirements or require any additional public improvements except as set forth herein or as otherwise provided for under state law, including a fair share contribution to off-tract improvements in accordance with state law.
H. 
Miscellaneous provisions.
(1) 
The provisions of this chapter shall be enforced in the course of any application for development.
(2) 
No planned development shall be undertaken in the Township unless there exists between the developer and the Township a fully executed developer's agreement executed between the parties pursuant to N.J.S.A. 40:55D-45.2l. Any planned development in the Township shall conform fully to the specific provisions of § 243-77.3.
(3) 
The applicant shall be required to establish an association conforming to the requirements of N.J.S.A. 40:55D-43 to be responsible for operating and maintaining the common open spaces, roadways not designed to be taken over by the Township, driveways and parking areas, any other common property and fire-fighting or utility facilities and stormwater management facilities not to be owned by a government body or public utility, including reasonable indemnity and security provisions to cover any possible financial involvement of the Township. The master deed and other appropriate legal documents, including those establishing the homeowners' association, pertaining to the development shall assume and bear the foregoing responsibilities. Said documents shall provide for the Township to have the remedies described in N.J.S.A. 40:55D-43b and c and such other remedies as the Township shall have by law. Said documents establishing the homeowners' association shall provide that the association's obligations in the above respects shall not be altered or amended without prior approval of the Township.
(4) 
All documents pertaining to any such association for the development shall be submitted to and approved by the approving authority and Township Attorneys prior to or as a condition of final subdivision and/or site plan approval for the development in order to ensure that such documents provide for the assumptions by the association of the responsibilities and obligation referred to herein and of any other responsibilities and obligations affected with the public interest and that no amendment of such documents is permitted with regard to such responsibilities and obligations without the prior consent of the Township.
[Added 3-4-2009 by Ord. No. 2009-01]
A. 
Massage, bodywork and somatic therapy establishments are only permitted as conditional uses on properties within the HB District with frontage on Route 22 situated south of Lopatcong Creek.
B. 
All massage, bodywork and somatic therapy establishments must have a valid business permit from the Township of Lopatcong and must be in compliance with the provisions contained in Chapter 145 of the Code of the Township of Lopatcong.
C. 
All massage, bodywork and somatic therapy establishments must be in compliance with other applicable regulations in the Township’s HB (Highway Business) District as enumerated in § 243-74.
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No. 2011-15]
A. 
The term "asphalt-manufacturing facility," as used in this chapter, is a manufacturing facility for the creation of asphalt paving materials (bituminous concrete) by combining asphaltic cement and various aggregates and includes the storage and dispensing of the asphalt paving materials.
B. 
The term "concrete-manufacturing facility," as used in this chapter, is a manufacturing facility for the creation of concrete building and paving materials (concrete) by combining cement, water, various aggregates and other ingredients used in the production of such materials; and includes the storage and dispensing of the concrete building and paving materials.
C. 
Asphalt and/or concrete manufacturing facilities may only be located in the ROM Zone south of the Norfolk Southern Railroad.
D. 
Asphalt and/or concrete manufacturing facilities may operate as necessary on a twenty-four-hour basis seven days a week.
E. 
A storage silo shall be permitted as accessory to a permitted asphalt and/or concrete manufacturing facility subject to the following restrictions:
(1) 
Storage silos used as accessory structures in a permitted asphalt and/or concrete manufacturing process may be erected to a height that exceeds 20 feet, the maximum height of an accessory structure as set forth in § 243-64A, provided:
(a) 
The height does not exceed 85 feet as measured vertically from the average finished grade level of the silos foundation to the extreme high point of the silo, exclusive of catwalks, conveyor equipment and similar fixtures; and
(b) 
The minimum setback is equal to the height of the structure or the setback for accessory structures in the zone where the principal structure is located, whichever is greater.
(2) 
In instances where such a structure is erected to a height that exceeds 30 feet, the buffer strip required in § 243-75D(2) shall be increased to a width of 50 feet.
The term "resource recycling facility," as used in this chapter, is a facility that accepts, collects, processes, moves, transfers and stores concrete, asphalt and other recyclable materials as related to an asphalt or concrete manufacturing facility and for the resale of the finished recycled materials.
A. 
Resource recycling facilities are only permitted as a conditional use on properties within the ROM District south of the Norfolk Southern Railroad right-of-way.
B. 
Resource recycling facilities shall conform to the following requirements:
(1) 
The perceptible noise at the lot line from operation of equipment shall not exceed the limits established by NJDEP pursuant to standards set forth in N.J.A.C. 7:29-1 et seq., Noise Control.
(2) 
No structure dedicated to any recycling process shall be closer than 500 feet to any lot containing a residential use or a residential zone boundary line.
(3) 
Outside bulk storage shall be subject to the standards set forth in §§ 243-64, 243-64.2, 243-75D and the following:
(a) 
No outside bulk storage of any recyclable material shall be closer than 500 feet to any lot containing a residential use or a residential zone boundary line, except that office and similar administrative functions may not be closer than 100 feet to any lot line.
(b) 
While materials may be temporarily stored on-site as part of the operation, and while this may result in the accumulation of piles of recyclable materials that are in the process of being recycled, no individual materials brought to the site are permitted to be permanently left on-site.
(4) 
All materials brought to the site shall be separated, ground, pulverized, and/or handled in such a way as to accomplish the recycling operation so that individual products are either reused as part of the primary permitted use or shipped off-site as part of a continuing operation.
(5) 
The processing of asphalt and concrete may take place outside of any building so long as the noise level at the property line shall not exceed any New Jersey State, Warren County, or Township laws, rules or regulations, and so long as all storage and processing areas are either paved or of crushed concrete or stone.
(6) 
Hours of operation for the resource recycling facilities permitted as a conditional use shall operate independently of the associated asphalt and/or concrete manufacturing facility. To mitigate any noise created by the recycling process, crushing of the material will only be between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday; 7:00 a.m. through 3:30 p.m., Saturday local time; and shall not operate on Sundays.