Borough of Hopatcong, NJ Article V Zone Regulations

§ 242-38 R-1 Single-Family Residence Zone.

A. Permitted principal uses. The following shall be permitted uses in all R-1 Zones:

(1) Single-family detached dwellings.

(2) Such municipal buildings, parks, playgrounds or other municipal facilities as are deemed necessary and appropriate by the governing body.

(3) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

B. Permitted accessory uses. The following shall be permitted accessory uses in all R-1 Zones, in addition to and in accordance with the provisions of § 242-15, Accessory buildings and structures:

(1) Home gardening.

(2) Signs in accordance with § 242-29, Signs.

(3) Home occupations in a single-family detached dwelling in accordance with § 242-31.

(4) Professional offices in residential zone in a single-family detached dwelling in accordance with § 242-32.

(5) Private swimming pools.

(6) Fences.

(7) Private piers and boathouses and docks in accordance with § 242-30.

(8) Other customary accessory uses and buildings, such as detached garages, yard utility buildings and off-street open parking, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

(9) Temporary housing to be located on a property wherein the principal structure has been destroyed or damaged by a fire or other catastrophe, subject to the following conditions:

[Added 12-20-1991 by Ord. No. 43-91]

(a) Adequate provision for water supply shall be provided.

(b) Adequate provision for sewage shall be provided.

(c) Adequate provision for electric and other utility service shall be provided.

(d) Adequate area on the site to accommodate the temporary housing shall be provided.

(e) The occupants shall be the same as the ones of the principal structure.

(f) Such temporary housing shall be removed within a maximum period of nine months or upon the completion of the restoration of the principal structure, whichever is less.

C. Conditional uses. The following shall be permitted conditional uses in R-1 Zones:

(1) Public utility installation.

(2) Hospitals.

[Amended 2-22-1989 by Ord. No. 10-89]

(3) Churches or places of worship and religious instruction.

(4) Country clubs and community centers.

(5) Outdoor recreation facilities.

D. Requirements. Area, yard and building requirements shall be as follows:

(1) Minimum lot size: 15,000 square feet.

(2) Minimum lot width.

(a) Interior: 120 feet.

(b) Corner: 145 feet.

(3) Minimum lot depth: 100 feet.

(4) Minimum front yard setback: 40 feet; provided, however, that as to lots on developed streets, the Zoning Officer may, upon receipt of adequate documentation, issue a permit to construct a dwelling in accordance with the prevailing setback line of buildings upon said street, but not closer than 20 feet to the right-of-way line.

(5) Minimum side yard setback.

[Amended 4-5-1990 by Ord. No. 11-90]

(a) Each side: 15 feet for principal buildings, except that as to existing nonconforming lots which are 80 feet in width or less, each principal building shall be provided with two side yard spaces totaling a minimum of 20 feet in width, the minimum width of any side yard being not less than 10 feet.

(b) Each side: 15 feet for accessory uses.

(6) Minimum rear yard: 20 feet for a principal structure, and six feet or half the height of the accessory use, whichever is greater, for an accessory use. Further, no accessory building in a rear yard shall be closer to any side lot line than six feet or half the height of the accessory use, whichever is greater.

[Amended 4-5-1990 by Ord. No. 11-90]

(7) Maximum building height: for a principal use, the lesser of 35 feet or 2 1/2 stories, and for an accessory use, 18 feet.

[Amended 4-5-1990 by Ord. No. 11-90]

(8) Maximum lot coverage: 25%. Notwithstanding the provisions of any other part of this chapter, lot coverage includes all building structure footprints and overhangs, including all areas under roof supported by columns but not having enclosing walls, covered decks, solid fiberglass decks, asphalt, concrete or similar types of pavement and/or walkways. Lot coverage shall not include timber and/or plastic or composite decks with spaces between the decking, all pools, driveways and/or walkways made with gravel, shells or crushed stone surfaces, open grid pavers, pervious pavers and stepping-stone-type driveways and/or walkways.

[Amended 4-5-2006 by Ord. No. 7-2006; 10-18-2006 by Ord. No. 29-2006]

(9) Maximum building footprint coverage: 15%.

[Amended 4-5-1990 by Ord. No. 11-90; 6-19-2002 by Ord. No. 20-2002; 4-5-2006 by Ord. No. 7-2006]

E. Any lot located in the R-1 Zone containing 14,999 square feet or less shall comply with the following building footprint coverage and lot coverage standards.

[Added 4-5-2006 by Ord. No. 7-2006]

(1) Maximum building footprint coverage: 20%.

(2) Maximum lot coverage: 35%.

§ 242-38.1 R-1A Multifamily Residence Zone.

[Added 2-4-2009 by Ord. No. 1-2009; amended 8-6-2014 by Ord. No. 23-2014]

A. Permitted principal uses. The following shall be permitted uses in the R-1A Zone:

(1) Townhouses in accordance with Subsection D of this § 242-38.1.

(2) Single-family detached dwellings in accordance with the R-1 Zone.

(3) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

B. Permitted accessory uses: the same as those permitted accessory uses allowed in the R-1 and R-2T Zones.

C. Conditional uses: none.

D. Requirements: general.

(1) Building height. Multifamily housing buildings along the lakefront shall be permitted to have a maximum height of 48 feet. Multifamily housing buildings built to the rear of the lakefront housing buildings shall be permitted to have a maximum height of 38 feet. "Multifamily housing buildings," as defined in this Code, are structures which may be separated both vertically and horizontally from adjacent units.

(2) Tract characteristics. Minimum tract size for a multi-family housing development is nine acres. For the purpose of determining the minimum tract size needed to qualify for a multi-family housing development, land under a lake may not be considered as part of the tract, nor shall land under a lake be utilized for any other computation.

(3) Maximum lot coverage. Maximum lot coverage shall not exceed 40%, with not more than 30% being impervious, of the total development tract.

(4) Tract subdivision. The tract may be subdivided for the purposes of providing affordable housing consistent with the objectives of the Borough's Master Plan, subsequent amendments and Housing Element and Fair Share Plan.

(5) Application of density and bulk requirements. Density and bulk requirements, including but not limited to minimum lot area, setbacks, coverage and the like, shall be applicable to the entire tract, notwithstanding the provisions of Subsection D(4) of this section which allows for the subdivision of the tract to address affordable housing.

(6) Lot designation. Pursuant to all required land development regulations, every structure or group of structures and uses and every designed lot area or cluster of units having services, facilities or utilities in common private usage and in common ownership or control by its occupants or which functions as an independent property shall be located upon and within a lot or plat of land which shall be fully dimensioned and designated as representing the area of responsibility and extent of such individual or group ownership or management as may be established by ownership in full or partial fee or for lease under deed covenant, lease contract or such other conditions of usage or occupancy legally established and recorded therefor, and a description of each such lot shall be filed.

(7) Number of units. Within any multi-family housing development, no structure shall contain more than 14 units. Each separate dwelling unit must be provided with a separate means of pedestrian egress to the outside in accordance with applicable building codes and provided with separate cooking, sleeping and sanitary facilities and separate connections for utilities.

(8) Density. Development density for any multifamily housing development shall not exceed 4.5 units per acre, with a maximum limit of 35 units. No unit shall have more than three bedrooms. The maximum number of three-bedroom market-rate dwelling units permitted in the total multifamily housing development shall be 21. For the purpose of administering this subsection, any major room other than a living room, family room, kitchen, dinette or dining room, bathroom, recreation room, den, loft, utility room, storage areas, garage porch and closet shall be construed as a bedroom.

[Amended 8-20-2014 by Ord. No. 26-2014]

(9) Mandatory affordable housing provision. The developer's plan shall be required to provide a number of on- or off-site affordable residential dwelling units satisfactory to the Hopatcong Borough Council, but no less in number than the requirements established by the Council on Affordable Housing for low- and moderate-income housing as set forth in N.J.A.C. 5:97-1.1 et seq.; N.J.A.C. 5:96-1.1 et seq.; and N.J.A.C. 5:80-26.1 et seq., including amendments thereto.

[Amended 8-6-2014 by Ord. No. 23-2014]

(10) Utilities and services. The developer shall furnish, as a condition of site plan approval, an acceptable centralized water supply and centralized sanitary sewer facilities plan based upon written agreements and written approval of appropriate Borough officials. All utility lines, including power, telephone and cable television lines, shall be installed underground and be adequately shielded. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer and the Fire Chief in accordance with the New Jersey Residential Site Improvement Standards (RSIS).

(11) Separation between buildings. No building containing market-rate attached residential units shall be permitted closer to another building than a distance which equals or exceeds the sum of the heights of the two said buildings or 30 feet, whichever is less. Where the sides of market-rate attached unit buildings are not parallel, the average separation shall be 30 feet with a minimum of 20 feet. Separation between buildings containing inclusionary units shall be no less than 20 feet.

(12) Building facades. A building containing single-family attached units shall not have more than two horizontal adjacent units along the face of the building with the same setback. Variations in setback shall be at least four feet. This setback requirement shall not apply to the side faces of the building(s). Variations shall also be achieved by the type of roof, including the height of eaves and peaks, and by architectural treatment of the building facade. Preliminary building plans and elevations shall accompany the application and shall show a variation in design of units and structures sufficient to satisfy the intent of this provision. In order to promote the development of harmonious streetscapes, the design of individual detached units shall utilize a suitable variety of exterior finish materials. All exteriors of building perimeter walls shall be of wood, brick, stone, vinyl siding or other accepted durable material; provided, however, that both asbestos shingle and cinder block as an exterior finish are prohibited.

(13) Environmental impact statement. Every application for development shall be accompanied by an environmental impact statement in accordance with the standards set forth in this chapter.

(14) Accessory buildings. No accessory building or structure may be constructed within the forty-foot boundary line setback, except that buildings or structures for water-dependent uses, including but not limited to docks, boathouses or associated accessways, may be constructed on and along lakes or rivers within this boundary line setback in accordance with state or federal laws and regulations.

(15) Buffer and boundary line setback. No building, principal or accessory, shall be erected closer than 40 feet to the tract boundary lines, and a buffer area of at least 30 feet in width shall be maintained along said tract boundary. Twenty feet of said buffer shall be kept in its natural state where wooded, and when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen, except that the area along the Borough or county road on which the entrance is located may be landscaped to provide an attractive appearance, but not a complete visual screen. Within the buffer area, no principal or accessory structure nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area shall be included for purposes of computing required open space. This subsection shall not apply to docks, boathouses or associated accessways.

(16) Street access and street setback on interior roads. Every unit shall have access to a street or court dedicated to public use or subject to an easement for access. The boundaries and extent of the lot upon which the development is located shall be clearly defined and monumented. The front of the building or structure shall be set back a minimum of 20 feet of the curbline of any interior street or road. The side of the building or structure shall be set back a minimum of 10 feet from the curbline of any interior street or road. All streets shall have curbs on both sides.

(17) Common open space requirements. At least 50% of the gross acreage of a development shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped. Common open spaces that are not devoted to active or passive recreational facilities shall be kept in their natural state where wooded. Where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas. In lieu of the common open space requirement of this subsection, the Planning Board may accept a conservation easement.

(18) Ownership and maintenance of common open space. The landowner may provide for and establish an organization for the ownership and maintenance of any common open space. Such organization shall not be dissolved, nor shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or by dedicating the same to the Borough, if the Borough agrees to accept such dedication.

(19) Street widths. The design standards and requirements for widths of all rights-of-way and interior roadways shall be in accordance with the provisions of the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq.

(20) Steep slopes. The provisions of § 242-10D of this Code regulating steep slopes and the development thereof shall be applicable to multi-family housing units. However, the Planning Board may waive the restrictions on development of steep slopes. As a condition of the waiver of steep slopes regulations, the Board shall require the developer to submit a development plan which adequately provides for the stabilization of all disturbed areas, control of all stormwater runoff and protection of all adjacent lands. A conservation easement may be included within the common open space requirement areas set forth above in Subsection D(17) of this section.

(21) Parking. Off-street parking shall be governed by the provisions of the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq.

(22) Recreation. At least 10% of the gross acreage of the tract shall be improved for recreational purposes for the use of the occupants of the development. It shall be in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvements may include, but are not limited to, such things as swimming pools, walking paths, boating, and tennis courts.

(23) Trash storage areas. Trash and recycling receptacles shall be stored internally within all residential buildings, except for the time period necessary to make such containers available for collection. The Planning Board may permit trash and recycling receptacles for residential buildings to be located outside the building(s), provided that suitable enclosures are provided to completely screen such receptacles from view. Screening materials may include solid wood or synthetic material, brick or solid block. Chain link fence enclosures, with or without privacy slats, shall be prohibited.

(24) Inclusionary housing component. A phasing plan for the low- and moderate-income units shall be provided at the time of preliminary site plan and/or subdivision in accordance with the following schedule:

	Percentage of Market Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
	25	0
	25 + 1	10
	50	50
	75	75
	90	100

§ 242-39 R-2 Single-Family Residence Zone.

A. Permitted principal uses. The following shall be permitted uses in all R-2 Zones and Districts:

(1) Agricultural uses on lots five acres or larger in area in accordance with § 242-33, Agricultural uses.

(2) Single-family detached dwellings.

(3) Such municipal buildings, parks, playgrounds or other municipal facilities as are deemed necessary and appropriate by the governing body.

(4) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

B. Permitted accessory uses. The following shall be permitted accessory uses in all R-2 Zones, in addition to and in accordance with the provisions of § 242-15:

(1) Customary farm buildings for the storage of products or equipment located on the same parcel as the principal use.

(2) Private piers, boathouses and docks in accordance with § 242-30.

(3) Signs in accordance with § 242-29.

(4) Home occupations in a single-family detached dwelling in accordance with § 242-31.

(5) Professional offices in residential zones in a single-family detached dwelling in accordance with § 242-32.

(6) Private swimming pools.

(7) Fences.

(8) Private garages.

(9) Home gardening.

(10) Other customary accessory uses and buildings, such as detached garages, yard utility buildings and off-street open parking, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

C. Conditional uses. The following shall be permitted conditional uses in all R-2 Zones:

(1) Public utility installations.[1]

[1] Editor's Note: Former Subsection C(2), senior citizen subsidized housing, which immediately followed this subsection, was repealed 10-4-2000 by Ord. No. 20-2000.

(2) Hospitals.

[Amended 2-22-1989 by Ord. No. 10-89]

(3) Churches or places of worship and religious instruction.

(4) Country clubs and community centers.

(5) Outdoor recreation facilities.

D. Requirements. Area, yard and building requirements shall be as follows:

(1) Minimum lot size: 60,000 square feet.

(2) Minimum lot width.

(a) Interior: 150 feet.

(b) Corner: 175 feet.

(3) Minimum lot depth: 150 feet.

(4) Minimum front yard setback: 50 feet or that prevailing for adjacent lots on the same street frontage, but not less than 30 feet.

(5) Minimum side yard setback.

(a) Each side: 30 feet for principal buildings.

(b) Each side: 30 feet for accessory uses.

(6) Minimum rear yard: 30 feet for principal buildings and 20 feet for accessory uses. Further, no accessory building in a rear yard shall be closer than 30 feet to a side lot line.

(7) Maximum building height: the lesser of 35 feet or 2 1/2 stories.

(8) Maximum lot coverage: 20%. Notwithstanding the provisions of any other part of this chapter, lot coverage includes all building structure footprints and overhangs, including all areas under roof supported by columns but not having enclosing walls, covered decks, solid fiberglass decks, asphalt, concrete or similar types of pavement and/or walkways. Lot coverage shall not include timber and/or plastic or composite decks with spaces between the decking, all pools, driveways and/or walkways made with gravel, shells or crushed stone surfaces, open grid pavers, pervious pavers and stepping-stone-type driveways and/or walkways.

[Amended 4-5-2006 by Ord. No. 7-2006; 10-18-2006 by Ord. No. 29-2006]

(9) Maximum building footprint coverage: 15%.

[Amended 6-19-2002 by Ord. No. 20-2002; 4-5-2006 by Ord. No. 7-2006]

E. Open space zoning requirements.

(1) Open space zoning may be utilized in this zone in accordance with § 242-50, Open space zoning.

(2) Any subdivision employing open space zoning shall not he approved if there is more than one building lot per 60,000 square feet, including all lands to be reserved as open space. The minimum lot area shall not be less than 25,000 square feet.

(3) Minimum lot width, depth, yards, height and lot coverage limits and usable floor space requirements shall be as provided for in § 242-38.

§ 242-40 R-2T Single-Family Residence and Townhouse Zone.

A. Permitted principal uses. The following uses are permitted principal uses in the R-2T Zone:

[Amended 12-17-2003 by Ord. No. 23-2003]

(1) All uses permitted in R-2 Zones.

(2) Townhouses in accordance with Subsection C of this section.

(3) Senior citizen apartments in accordance with Subsection D of this section.

B. For all other permitted uses, except for townhouses and senior citizen apartments, the provisions of § 242-39B, C, D and E for the R-2 Zone apply.

[Amended 12-17-2003 by Ord. No. 23-2003]

C. Townhouse development.

(1) For the purpose of administering this subsection, a townhouse is a single-family attached dwelling unit within a building containing more than one, but not more than six, single-family dwelling units, provided that each separate dwelling unit is attached to other similar dwelling units by one or more party walls or portions thereof extending from the foundation to the roof or continuous horizontal firebreak to accommodate topography, except that 20% of the dwelling units may be varied, and further provided that each separate dwelling unit is provided with at least two separate means of pedestrian access to the outside and provided with separate cooking, sleeping and sanitary facilities and separate connections for utilities.

(2) Acreage. For the purpose of determining the minimum tract size needed to qualify for a townhouse development, land under the river may not be considered as part of the tract, nor shall land under the river be utilized for any other computation. Minimum tract size for a townhouse development is 25 acres. Lot coverage with impervious material shall not exceed 40%.

(3) Site plan application and approval in accordance with Chapter 191 is required for each development.

(4) Density. The gross density for any development under this subsection shall not exceed nine bedrooms per acre, nor shall it exceed five attached dwelling units per acre. No unit shall have more than two bedrooms. For the purpose of administering this subsection, any room other than a living room, kitchen, dinette or dining room, bathroom, porch and closet shall be construed as a bedroom.

[Amended 6-4-1987 by Ord. No. 15-87; 2-4-1988 by Ord. No. 2-88]

(5) Minimum floor area and bathrooms. Every project shall meet the following minimum floor area and bathroom requirements:

(a) One-bedroom dwelling units shall have a minimum floor area of 800 square feet and shall contain at least one bathroom.

(b) Two-bedroom dwelling units shall have a minimum floor area of 950 square feet and shall contain at least 1 1/2 bathrooms.

(c) Three-bedroom dwelling units shall have a minimum floor area of 1,100 square feet and shall contain at least two bathrooms.

(6) No structure containing a single-family attached residential unit shall be permitted closer to another structure than a distance which equals or exceeds the sum of the heights of the two said structures or 40 feet, whichever is less.

(7) Off-street parking. Every development shall provide at least two open off-street paved parking spaces per dwelling unit. Parking shall not be permitted in front yards.

(8) Maximum building height. The maximum building height shall be the lesser of 35 feet or 2 1/2 stories.

(9) A townhouse dwelling structure shall contain not more than six townhouse dwelling units. No townhouse dwelling structure shall have more than two continuous attached townhouse dwelling units with the same setback, and variations in setback shall be at least four feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks, and by architectural treatment of the building facade. Building plans and elevations shall accompany the application and shall show a variation in design of units and structures sufficient to satisfy the intent of this provision. Provision shall be made for firewall construction between all dwelling units.

(10) Utilities and services. The developer shall furnish, as a condition precedent to action by the Planning Board, an acceptable centralized water supply and centralized sanitary sewer facilities based upon written agreements and written approval of appropriate Borough, state and authority officials. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities and lighting, making reasonable provision for service connections with adjoining properties in other ownership. If an on-site centralized sanitary sewer facility is proposed, the developer shall provide easements for lines for connection to a sewer authority. The developer shall provide for garbage and trash collection and road maintenance, including snow removal.

(11) Environmental impact statement. Every application for development shall be accompanied by an environmental impact statement.

(12) Except as provided in this subsection, all accessory uses shall comply with § 242-15, Accessory buildings and structures.

(13) Buffer and boundary line setback. No building or structure, principal or accessory, shall be erected closer than 50 feet to the tract boundary lines, and a buffer area of at least 30 feet in width shall be maintained along said tract boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen, except that the area along the Borough or county road on which the entrance is located may be landscaped to provide an attractive appearance, but not a complete visual screen. Within the buffer area, no principal or accessory structure nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area shall be included for purposes of computing required open space.

(14) Street setback on interior roads. No building or structure shall be erected within 25 feet of the right-of-way of any interior street or road.

(15) Street access. Every townhouse dwelling unit shall have access to a street or court dedicated to public use or subject to an easement for access. The boundaries and extent of the lot upon which the development is located shall be clearly defined and monumented.

(16) Street widths. The right-of-way and pavement widths of interior roads serving structures in the development shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs, including access for fire-fighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than 30 feet, except that the Planning Board may reduce the pavement width to a minimum of 22 feet if no on-the-street parking is permitted and if the developer provides sufficient conveniently located off-street parking for visitors and guests.

(17) Common open space requirements. At least 50% of the gross acreage of a development shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded, and, where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas.

(18) Recreation. At least 10% of the gross acreage of the tract shall be improved for recreational purposes for the use of the occupants of the development only in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvements may include, but are not limited to, such things as swimming pools and tennis courts.

(19) Ownership and maintenance of common open space. The landowner may provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not be dissolved, nor shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or by dedicating the same to the Borough, only if the Borough agrees to accept such dedication.

(20) Protection of open spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

(21) Lot designation. Pursuant to all required land development regulations, every structure or group of structures and uses and every designed lot area or cluster of units having services, facilities or utilities in common private usage and in common ownership or control by its occupants or which functions as an independent corporate property, owner or agent of the management shall be located upon and within a lot or plat of land which shall be fully dimensioned and designated as representing the area of responsibility and extent of such individual or group ownership or management as may be established by ownership in full or partial fee or for lease under deed covenant, lease contract or such other conditions of usage or occupancy legally established and recorded therefor, and a description of each such lot shall be filed.

(22) Permitted accessory uses. The following are permitted accessory uses:

(a) Signs in accordance with the provisions of § 242-29.

(b) Required garages and off-street parking and fences associated with these structures.

(c) Fences in the buffer zone if required by the Planning Board.

(d) Recreational uses and fences associated with the recreational uses.

(e) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

(f) Required utilities and fences associated with these structures.

(23) There are no conditional uses.

D. Senior citizen apartments.

[Added 12-17-2003 by Ord. No. 23-2003]

(1) Building height. Senior citizen building construction shall not exceed three stories or 50 feet, whichever is less. A building story shall not include basements. Senior citizen apartment buildings, as defined in this code, are structures which may be separated both vertically and horizontally from adjacent units.

(2) Acreage. Minimum tract size for a senior citizen apartment development is 25 acres. Lot coverage with impervious material shall not exceed 40%.

(3) Site plan approval. Site plan approval, pursuant to Chapter 191 of this code, is required.

(4) Number of units. Within any senior citizen apartment complex no structure shall contain more than 33 senior citizen apartment units.

(5) Density. Development density for any senior citizen apartment complex shall not exceed 3.5 units per acre.

(6) Minimum floor area and bathrooms. Every project shall meet the following minimum floor area and bathroom requirements:

(a) One-bedroom dwelling units shall have a minimum floor area of 550 square feet and shall contain at least one bathroom.

(b) Two-bedroom dwelling units shall have a minimum floor area of 650 square feet and shall contain at least 1 1/2 bathrooms.

(c) Notwithstanding anything to the contrary in Subsections D(6)(a) and (b), any COAH set-aside unit may be sized in accordance with COAH requirements.

(7) Utilities and services. The developer shall furnish, as a condition precedent to action by the Planning Board, an acceptable centralized water supply and centralized sanitary sewer facilities plan based upon written agreements and written approval of appropriate Borough, state and authority officials. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities and lighting, making reasonable provision for service connections with adjoining properties in other ownership. The developer shall provide for road maintenance, including snow removal. The developer shall provide for centralized locations for trash and garbage for municipal pickup as directed by the Planning Board.

(8) Separation between buildings. No principal structure shall be located closer to another principal structure than 25 feet.

(9) Building facades. No senior citizen apartment dwelling structure shall have more than 40 feet of the face of the structure with the same setback. Variations in setback shall be at least four feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks and by architectural treatment of the building facade. Building plans and elevations shall accompany the application and shall show a variation in design of units and structures sufficient to satisfy the intent of this provision. Provision shall be made for firewall construction between all dwelling units.

(10) Environmental impact statement. Every application for development shall be accompanied by an environmental impact statement.

(11) Accessory buildings. Except as provided in this subsection, all accessory uses shall comply with § 242-15, Accessory buildings and structures.

(12) Buffer and boundary line setback. No building or structure, principal or accessory, shall be erected closer than 40 feet to the tract boundary lines, and a buffer area of at least 30 feet in width shall be maintained along said tract boundary, provided, however, that handicapped parking and driveways shall be allowed within the setback. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen, except that the area along the Borough or county road on which the entrance is located may be landscaped to provide an attractive appearance, but not a complete visual screen. Within the buffer area, no principal or accessory structure nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area shall be included for purposes of computing required open space.

(13) Street access. Every senior citizen apartment dwelling unit shall have access to a street or court dedicated to public use or subject to an easement for access. The boundaries and extent of the lot upon which the development is located shall be clearly defined and monumented.

(14) Common open space requirements. At least 50% of the gross acreage of a development shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped. These common open spaces shall be kept in their nature state where wooded, and where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas. In lieu of the common open space requirement of this subsection, the Planning Board may accept a conservation easement as provided for in Subsection D(19) hereof.

(15) Ownership and maintenance of common open space. The landowner may provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not be dissolved, nor shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or by dedicating the same to the borough, only if the borough agrees to accept such dedication. The open space or a portion may also be transferred to the New Jersey Department of Environmental Protection as open space and for the Musconetcong River Greenway and/or pedestrian paths.

(16) Protection of open spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.

(17) Low- and moderate-income housing. Not less than 20% of the total number of units constructed shall be set aside for low- and moderate-income housing. No fewer than 1/2 the units shall be available to low-income households. Rents for low-income units and moderate-income units may differ based on the income levels to which they are addressed. All low- and moderate-income units shall utilize the same heating source as that serving the market units within the development.

(18) Master deeds. All master deeds of inclusionary developments shall provide that condominium and/or homeowner association fees or any other special assessments shall be prorated to low- and moderate-income purchasers or renters at a specific percentage of those paid by persons occupying the market units. Such percentage shall be at least 1/3 the fee paid by those occupying the market units. The initial price of a low- and moderate-income owner-occupied single-family housing unit shall be such that after a down payment of 5% the monthly principal interest, homeowner and private mortgage insurances, property taxes and condominium/homeowner fees shall not exceed 28% of the eligible gross monthly income of the prospective purchaser. Gross rents, including an allowance for utilities, shall be such so as not to exceed 30% of the gross monthly income of the household renting the unit in question.

(19) Steep slopes. The provisions of § 242-10D of this code regulating steep slopes and the development thereof shall be applicable to senior citizen apartment buildings in the R-2T zone. However, the Planning Board may waive the restrictions on development of steep slopes. As a condition of the waiver of steep slopes regulations, the Planning Board shall require the developer to submit a development plan which adequately provides for the stabilization of all disturbed areas, control of all stormwater runoff and protection of all adjacent lands. Further the Planning Board shall require that the developer shall provide a conservation easement in favor of the Borough on the tract of which the steep slopes form a part at a ratio of four acres of non-steep-slope land for each acre of steep slopes developed.

(20) Parking. There shall be 1.1 parking spaces per senior citizen apartment unit. Parking spaces may be nine feet by 18 feet in size. All leases for each senior citizen apartment shall contain a restriction limiting the number of motor vehicles allowed for each tenant to one motor vehicle per senior citizen apartment.

(21) Permitted accessory uses. The following are permitted accessory uses:

(a) Signs in accordance with the provisions of § 242-29.

(b) Required garages and off-street parking and fences associated with these structures.

(c) Fences in the buffer zone if required by the Planning Board.

(d) Recreational uses and fences associated with the recreational uses.

(e) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

(f) Required utilities and fences associated with these structures.

§ 242-41 R-3 Single-Family Residence Zone.

A. Permitted principal uses. The following shall be permitted uses in all R-3 Zones and Districts:

(1) Agricultural uses on lots of five acres or more in accordance with § 242-33, Agricultural uses.

(2) Single-family detached dwellings.

(3) Such municipal buildings, parks, playgrounds or other municipal facilities as are deemed necessary and appropriate by the governing body.

(4) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

B. Permitted accessory uses. The following shall be permitted accessory uses in all R-3 Zones, in addition to and in accordance with the provisions of § 242-15, Accessory buildings and structures:

(1) Customary farm buildings for the storage of products or equipment located on the same parcel as the principal use.

(2) Roadside stands, in connection with a farm operation, for the purpose of display and sale of farm products raised by the owner on the premises, provided that the stand is set back at least 50 feet from the street line.

(3) Signs in accordance with § 242-29.

(4) Home occupations in a single-family detached dwelling in accordance with § 242-31.

(5) Professional offices in residential zones in a single-family detached dwelling in accordance with § 242-32.

(6) Private swimming pools.

(7) Fences.

(8) Private garages.

(9) Docks, piers and boathouses in accordance with § 242-30.

(10) Other customary accessory uses and buildings, such as detached garages, yard utility buildings and off-street open parking, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

C. Conditional uses. The following are permitted conditional uses in the R-3 Zone:

(1) Public utility installations.[1]

[1] Editor's Note: Former Subsection C(2), senior citizen subsidized housing, which immediately followed this subsection, was repealed 10-4-2000 by Ord. No. 20-2000.

(2) Senior citizen retirement projects in accordance with § 77-61.[2]

[2] Editor's Note: Original § 77-61, Senior citizen retirement projects, was repealed 10-4-2000 by Ord. No. 20-2000.

(3) Hospitals.

[Amended 2-22-1989 by Ord. No. 10-89]

(4) Churches or places of worship and religious instruction.

(5) Country clubs, community centers and recreation facilities.

D. Requirements. Area, yard and building requirements shall be as follows:

(1) Minimum lot size: five acres, except as provided in § 242-50, Open space zoning.

[Amended 9-18-1997 by Ord. No. 30-97]

(2) Minimum lot width.

(a) Interior: 200 feet.

(b) Corner: 225 feet.

(3) Minimum lot depth: 300 feet.

(4) Minimum front yard setback: 75 feet.

(5) Minimum side yard setback.

(a) Each side: 40 feet for principal buildings.

(b) Each side: 40 feet for accessory uses.

(6) Minimum rear yard: 50 feet for principal structures and 40 feet for accessory uses. Further, no accessory building in a rear yard shall be closer than 40 feet to any side lot line.

(7) Maximum building height: the lesser of 35 feet or 2 1/2 stories.

(8) Maximum lot coverage: 15%. Notwithstanding the provisions of any other part of this chapter, lot coverage includes all building structure footprints and overhangs, including all areas under roof supported by columns but not having enclosing walls, covered decks, solid fiberglass decks, asphalt, concrete or similar types of pavement and/or walkways. Lot coverage shall not include timber and/or plastic or composite decks with spaces between the decking, all pools, driveways and/or walkways made with gravel, shells or crushed stone surfaces, open grid pavers, pervious pavers and stepping-stone-type driveways and/or walkways.[3]

[Amended 10-18-2006 by Ord. No. 29-2006]

[3] Editor’s Note: Former Subsection D(9), concerning floor area ratio, as amended, which immediately followed this subsection, was repealed 6-5-2019 by Ord. No. 13-2019.

E. Open space zoning requirements.

(1) Open space zoning may be utilized in this zone in accordance with § 242-50, Open space zoning.

(2) Any subdivision employing open space zoning shall not be approved if there is more than one building lot per five acres, including all lands to be reserved as open space. The minimum lot area shall not be less than 40,000 square feet.

[Amended 9-18-1997 by Ord. No. 30-97]

(3) Minimum lot width, depth, yards, height and lot coverage limits and usable floor space requirements shall be as provided for in § 242-39D.

F. Exceptions. No lot shall be considered to be substandard under § 242-41D(1) subsequent to the effective date of the amendment to said section, provided that said lot shall meet any of the below-listed criteria as of the effective date of this amendment:

[Added 9-18-1997 by Ord. No. 30-97]

(1) Any existing lot on which a single-family residential dwelling has been erected.

(2) Any lot created by subdivision approval of the Planning Board or Zoning Board of Adjustment perfected subsequent to May 22, 1979.

(3) Any lot which as of the date of this chapter consisted of three or more acres but less than five acres.

§ 242-42 RPD Residential Planned Development Zone.

A. Purpose. The Residential Planned Development Zone (RPD) is an area in which it is intended to permit the construction of planned developments having a high quality of layout and design which will stabilize and enhance the character of the area, promote the conservation and protection of natural features, provide a mix of housing types and promote the health, safety and general welfare of the entire Borough. The purposes of the following regulations are to:

(1) Improve the feasibility of creating attractive and usable open space within developments.

(2) Preserve desirable natural features and tree cover.

(3) Provide conditions under which the layout of lots, buildings, streets and other features of land development can be achieved in both an attractive and practical manner.

(4) Encourage forms of development which will be beneficial to the overall Borough.

B. Permitted principal uses. The following uses are permitted principal uses in RPD Zones:

(1) Principal uses permitted in R-3 Zones as provided in § 242-41A.

(2) Residential planned developments in accordance with Subsection D of this section.

C. For developments in accordance with § 242-41, R-3 Zones, permitted accessory uses, conditional uses, requirements and conditions for open space zoning shall be as provided in § 242-41B, C, D and E.

D. Residential planned developments.

(1) Required principal use.

(a) Only residential uses are permitted in an RPD. Of the total number of dwelling units permitted by the gross density of one dwelling unit per five acres, a minimum of 40% shall be single-family detached dwelling units.

[Amended 9-18-1997 by Ord. No. 30-97]

(b) "Townhouse" and/or "duplex" and/or "patio-type dwelling units" are herein taken to mean a building designed for or occupied by no more than one family or household and attached to other similar buildings or structures by party walls extending from the foundation to the roof and providing two direct means of access from the outside and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service, heating and gas service. No dwelling unit shall have any part directly above any other dwelling unit.

(2) Permitted accessory uses.

(a) For the portion of the lot developed as single-family detached residences, the provisions of § 242-39B, R-2 Zone, Permitted accessory uses, shall apply.

(b) For the portion of the lot developed as townhouse and/or duplex and/or patio, the permitted uses for townhouses under § 242-40, R-2T Zone, shall apply.

(3) Conditional uses: none.

(4) Requirements. Area, yard and building requirements shall be as follows:

(a) Minimum lot size: 50 acres.

[Amended 6-4-1987 by Ord. No. 15-87]

(b) Gross density: one dwelling unit per five acres.

[Amended 9-18-1997 by Ord. No. 30-97]

(c) Maximum density in any developed section: five dwelling units per acre.

(d) For the portion of the tract developed as single-family detached dwellings, the requirements for lot size, width, depth, yards, lot coverage and building heights shall be those for the R-2 Zone for single-family detached dwellings, and the minimum lot size under conditions for open space zoning shall be 25,000 square feet.

(e) For the portion of the tract developed as townhouse, patio and duplex construction, the requirements shall be those as specified in the R-2T Zone for townhouses, § 242-40C.

(5) Residential planned developments require site plan approval in accordance with Chapter 191. A time schedule for the proposed stages of development shall be required upon submission of the application.

E. Exceptions. No lot shall be considered to be substandard under § 242-42D(1)(a) or (4)(b) subsequent to the effective date of the amendment to said sections, provided that said lot shall meet any of the below-listed criteria as of the effective date of this amendment:

[Added 9-18-1997 by Ord. No. 30-97]

(1) Any existing lot on which a single-family residential dwelling has been erected.

(2) Any lot created by subdivision approval of the Planning Board or Zoning Board or Adjustment perfected subsequent to May 22, 1979.

(3) Any lot which as of the date of this chapter consisted of two or more acres but less than five acres.

(4) Any lot for which site plan approval had been obtained from the Planning Board or Zoning Board of Adjustment subsequent to May 22, 1979.

§ 242-43 MPD Multiple Purpose Development Zone.

A. Purpose. The Multiple Purpose Development Zone (MPD) is an area in which it is intended to permit the construction of planned developments having a high quality of layout and design which will stabilize and enhance the character of the area, promote the conservation and protection of natural features, provide a mix of housing types and provide for well-located, clean, safe and pleasant industrial and commercial development.

B. Permitted principal uses. The following uses are permitted principal uses in MPD Zones:

(1) Principal uses permitted in R-3 Zones.

(2) Multiple purpose developments as provided in Subsection E of this section.

(3) Senior citizen housing.

[Added 10-4-2000 by Ord. No. 20-2000]

C. Senior citizen housing.

[Added 10-4-2000 by Ord. No. 20-2000]

(1) Senior citizen developments, designed as a single entity, which may include all the following uses:

[Amended 9-5-2001 by Ord. No. 19-2001]

(a) Housing facilities for the elderly, as defined in this chapter, who require functionally unassisted accommodations.

(b) Institutionalized care facilities designed for the elderly, as defined in this chapter. Such institutionalized care shall be limited to:

[1] Congregate housing facilities or assisted care which provide and make available all supportive services, as defined in this chapter.

[2] Nursing homes, as defined in this chapter, by and subject to all requirements and regulations of the State of New Jersey.

[3] Any development shall include private open space or recreation facilities or municipal or Board of Education parks, playgrounds, buildings and uses deemed necessary and appropriate by the Borough of Hopatcong. This shall constitute not less than 40% of the total tract.

[4] Accessory uses customarily incidental, necessary and subordinate to the uses permitted under Subsection C(1)(b)[1], [2] and [3] above, including not more than one caretaker's residence for each senior citizen housing development, recreation, parking and utility facilities, signs as regulated in this chapter and maintenance equipment structures.

[5] Where low- and moderate-income housing is proposed, density for single-family housing shall be increased by 20% over that indicated in Subsection C(4)(b).

[6] Group homes for all populations at a density of four dwelling units per acre.

(2) Planned senior citizen housing developments shall meet all of the following requirements:

(a) Submission of a general development plan which shall indicate in sufficient detail all aspects of the project as set forth in N.J.S.A. 40:55D-45.2. The Board shall find the following facts and conclusions:

[1] That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to Subsection 52c of the Municipal Land Use Law (N.J.S.A. 40:55D-65C).

[2] That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

[3] That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

[4] That the proposed development will not have an unreasonably adverse impact upon the area and municipal services.

[5] In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(b) The minimum gross tract area available for any senior citizen housing development shall be 50 acres. In the event that the developer intends to dedicate and convey any parcel of the tract for ownership and use by the Borough or Board of Education as provided in this chapter, a subdivision, limited to accommodate such dedication and conveyance, shall be permitted.

(c) For permanent open space/recreation facilities where public use is permitted under Subsection C(1)(a)[3] above, not less than 40% of the gross tract area shall be provided. To the extent possible, this land shall be configured to provide the greatest flexibility of use. Terrain, location and parcel size shall be optimized.

(d) Utilities.

[1] Every building within the senior citizen housing development shall be connected to a public sewage disposal and central potable water system, as approved by the Planning Board. Additionally, the area utilized for open space in accordance with Subsection C(2)(c) shall have public sewage and central potable water services made available by the developer of the senior citizen housing development to the satisfaction of the Hopatcong Borough Planning Board. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the Hopatcong Borough Planning Board in the general development plan, pursuant to Subsection C(2)(a).

[2] All utility lines, including power, telephone and cable television lines, shall be installed underground and adequately shielded.

[3] Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer and Fire Chief.

[4] On-site public utilities facilities may serve off-site uses as permitted by the Planning Board.

[5] No development shall be permitted until site plan approval has been granted.

[6] Provision shall be made for storage and removal of waste and recyclable materials in accordance with applicable statute.

(e) Notwithstanding the number of intended construction phases of the senior citizen housing development, the entire project shall be designed as a single entity, the design for which shall be approved by the Planning Board pursuant to Subsection C(2)(a). Construction phasing shall be in accordance with the Municipal Land Use Law of the State of New Jersey.[1] The scheduling of construction and the issuance of permits shall be consistent with Subsection H of this section.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(f) Architecture and construction.

[1] The architecture employed shall be aesthetically harmonious among structures, phases and sections of the senior citizen housing development, as well as with the surrounding area as approved by the Planning Board. All buildings shall be constructed in accordance with the Uniform Construction Codes and shall comply with all requirements of the applicable Fire Code, as well as any applicable municipal or state requirements.

[2] All exteriors of building perimeter walls shall be of wood, brick, stone, vinyl siding or other accepted durable material; provided, however, that both asbestos shingle and cinder block as an exterior finish are prohibited.

[3] The exterior of accessory structures shall harmonize architecturally with and be constructed of materials of like character to those used in principal structures.

[4] In order to promote the development of harmonious streetscapes, the design of individual detached units shall utilize a suitable variety of different exterior finish materials and employ altering design of facades. Adjoining dwellings shall be either distinctly different models or have distinctly different facades with distinctly different finish materials throughout.

[5] Development design shall take advantage of topography to isolate incompatible uses and to provide focal points for residential uses.

[6] Development shall avoid ridge lines. Development design which abuts existing residential uses shall be designed to be a transition from single-family detached to multifamily use.

[7] For design standards and landscaping, see Subsection C(5).

(3) Institutionalized care. Where such use is proposed, use on that portion of the tract delineated by the general development plan for institutionalized-care facilities, as permitted under Subsection C(2)(a) above, shall meet the following standards:

(a) Development intensity. There shall be a capacity for not more than 14 beds or accommodations for over 14 patients or residents per acre of land within the tract portion as delineated. For the purpose of establishing development intensity, the calculation of patient capacities within nursing units or residential health-care units shall be by actual bed count provided. The calculation of patient/resident capacities within congregate housing facilities shall be by multiplying each bedroom provided by 1 1/2.

(b) Floor area ratio. The floor area of all buildings shall not exceed 35% of the land area within the tract portion as delineated.

(c) Lot coverage.

[1] The building coverage, as defined in this chapter, shall not exceed 20%.

[2] The aggregate coverage, as defined in this chapter, shall not exceed 40%.

(d) Setbacks. No building or structure of any kind other than those which may be necessary to provide or control access to the permitted use shall be placed within 65 feet of a project perimeter or any perimeter of the tract.

(e) Height. No building or structure shall exceed 40 feet in height; provided, however, that no building shall have more than three stories. This shall be conditioned upon a finding by the Planning Board that the Fire Department possesses adequate firefighting equipment which will permit fire fighters to reach the roofs of such buildings.

(f) Parking. Off-street parking shall be provided at the rate of 1/2 space per patient or resident capacity. Off-street parking facilities are permitted in any yard, provided that no parking area may be within 25 feet of any street line or 65 feet from any other perimeter line of the tract portion as delineated.

(g) Signs. The installation of any sign shall be in compliance with provisions of this chapter.

(4) Housing facilities for the elderly. Uses on that portion of the tract delineated by the general development plan for housing elderly persons as permitted under Subsection C(2)(b) above shall meet the following standards:

(a) Housing types. Residential accommodations for elderly persons shall be comprised of either one or a combination of the following dwelling types:

[1] Townhouses.

[2] Patio houses, consisting of two attached individual dwellings, each occupied exclusively as a residence by one family, attached by a common (party) wall to not more than one similar structure, surrounded by open space on three sides. This open space shall be divided from the open space generally available to the public, creating private open space for each unit. This division may be accomplished through construction of walls, landscaping or other means approved by the Planning Board. Common (party) walls may be along living areas, garages, porches, courts or combinations thereof.

[3] Single-family detached houses shall be provided, each occupied exclusively as a residence by one family and unattached to any other dwelling by any means; provided, however, that the number of such detached housing units may not be less than 50% of all dwelling units to be constructed as housing facilities for the elderly. This includes nursing homes, assisted living and all other housing permitted under this code. The minimum lot size for single-family detached houses shall be 6,600 square feet.

[Amended 2-4-2004 by Ord. No. 2-2004]

[4] Garden apartments, provided that none shall be back-to-back units.

(b) Density. The maximum residential density shall not exceed one unit for every two acres of land within the tract. For purposes of this section, a “unit” is defined as a single-family unit.

[Amended 12-6-2006 by Ord. No. 37-2006]

(5) Design standards for permitted uses other than institutionalized care.

(a) Setbacks. No building shall be closer than:

[1] Sixty-five feet to the perimeter of tract portion as delineated.

[2] Twenty-five feet to the curbline of any internal public or private roadway from any portion of the structure other than porches (including steps). Porches (including steps) may be constructed no closer than 20 feet to the curbline.

(b) Building height. No building shall exceed a height of 35 feet or three stories, whichever is less, except garden apartments (also known as "manor homes") inclusive of first floor garages shall not exceed a height of 65 feet measured to the highest point of the roof or four stories, whichever is greater.

[Amended 2-4-2004 by Ord. No. 2-2004]

(c) Screening. Those setbacks required under Subsection C(5)(a)[1] above shall be designed to function as landscaped buffer areas and shall not contain any building, structure or improvements other than for necessary access into the interior of the portion of the tract as delineated and as approved by the Planning Board; provided, however, that customary driveways leading to attached garages are permitted within the setback required under Subsection C(5)(a) above.

(d) Distance between buildings.

[1] Townhomes and garden apartments.

[Amended 2-4-2004 by Ord. No. 2-2004]

[a] Townhomes (also known as "carriage homes"). The minimum setback for side-to-side building separation shall be 35 feet. The minimum setback for rear-to-rear building separation shall be 40 feet. No building or recreational facility shall be located within 75 feet of a power line right-of-way or within 200 feet of an unshielded electrical facility.

[b] Garden apartments (also known as "manor homes"). The minimum setback for side-to-side building separation shall be 50 feet. The minimum setback for rear-to-rear building separation shall be 50 feet. No building or recreational facility shall be located within 75 feet of a power line right-of-way or within 200 feet of an unshielded electrical facility.

[2] Patio houses: 50 feet between structures, except the structures may be separated by a distance not less than the average height of the buildings, measured from ground levels to the peak of the roof where an end wall of a patio house faces the end wall of another patio house or of a detached house. Where one or both roofs of adjacent buildings slope away from the neighboring structure, the building height shall be measured at a point 1/2 the distance between the roof peak and the roof gutter to ground level.

[3] Single-family detached houses. The minimum setback for side-to-side building separation shall be 20 feet. There shall be two side yards with a total width of not less than 20 feet. The width of the narrower of the two side yards shall not be less than five feet. The minimum setback for rear-to-rear building separation shall be 40 feet.

[Amended 2-4-2004 by Ord. No. 2-2004]

(e) Building size. No townhouse structure may contain more than eight dwelling units. No garden apartment structure and/or manor home may contain more than 29 dwelling units per building.

[Amended 2-4-2004 by Ord. No. 2-2004]

(f) Partitions. There shall be between each attached dwelling unit a fire wall constructed to meet the specifications of the most recent edition of the BOCA National Building Code. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the American Society for Testing and Materials recommended practice E-90-66T, as revised.

(g) Access. No direct access to any residential unit shall be permitted from any public street or highway at the perimeters of the senior citizen housing development tract. Access shall be discouraged from any public through road within the senior citizen housing development tract. However, where the Planning Board finds that, due to the application of specific design and construction techniques (e.g., curvilinear layout, significant street landscaping and street furniture, widths of not more than 24 feet curb to curb), such access may be permitted by the Board. Internal access to individual residential units may be provided by way of drives to remain under private association ownership or by way of streets to be dedicated to the Borough as, where and if the Planning Board finds that such streets promote the purposes of area- or Borough-wide circulation and that Borough jurisdiction serves the public interest. The Planning Board may require private or public ownership of roadways and shall consider the specific characteristics of the particular situation in making such a determination. All public or private streets and drives shall be constructed in accordance with the requirements of this Code or the New Jersey Residential Site Improvement Standards as applicable.

(h) Walks.

[1] There shall be an adequate system of pedestrian walks serving all facilities within the development, providing access to residential units, accessory structures, parking areas, open spaces, commercial facilities, recreational and other communal facilities and along vehicular roadways as deemed necessary by the Planning Board.

[2] Vehicular traffic and pedestrian flows shall be separate where residential and nonresidential use abut each other. General access facilitating connections between a proposed development and adjacent neighborhoods shall be considered.

(i) Open space organization. Where the open space is to be owned or operated by any private entity, the developer of the senior citizen housing shall provide for the establishment of an open space organization pursuant to the provisions of this chapter.

(j) Parking. Off-street parking as required in this chapter shall be installed. All single family detached townhouses and patio units shall have garages attached to each individual unit. All other parking in the front yard is prohibited.

(k) Signs. The installation of any signs shall be in compliance with the provisions of § 242-29 of this chapter.

(l) Stormwater management as prescribed in the Residential Site Improvement Standards.

(m) Landscaping purpose.

[1] Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.

[2] Landscaping may include plant materials such as trees, shrubs, ground cover, perennials and annuals and other materials such as rocks, water, sculpture, walls, fences and building and paving materials.

(n) 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. The plan should show where they are or will be located and planting and/or construction details. 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.

(o) Site protection and general planting requirements.

[1] Topsoil preservation. Topsoil moved or imported during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.

[2] Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Planning Board Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of site-generated new construction wastes on site as long as the conditions set forth in N.J.A.C. 7:26-1.7 are met.

[3] 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.

[4] Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.

[5] Additional landscaping. In residential developments, besides the screening and street trees required, additional planting or landscaping elements shall be required throughout the subdivision where necessary for climate control, for privacy or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. All areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved by the Planning Board.

[6] Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Wherever possible, on-site vegetation shall be used to meet the requirements of this subsection. Where on-site vegetation is insufficient to meet the requirements, nursery-grown materials shall be acceptable. All trees, shrubs and ground cover shall be planted according to acceptable horticulture standards. Dead or dying plants shall be replaced by the developer during the following planting season.

[7] 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.

(p) Street trees.

[1] Location. Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed in critical points or spaced evenly along the street, or both.

[a] When trees are planted at predetermined intervals along streets, spacing shall depend on mature tree size as follows:

	Tree Size (feet)	Planting Interval (feet)
	Large trees (40 plus)	50 to 70
	Medium-sized trees (30 to 40)	40 to 50
	Small trees (to 30)	30 to 50

[b] When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendation of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements or streetlights. Tree location, landscaping design and spacing plan shall be approved by the Planning Board as part of the landscape plan.

[2] Tree type. Tree type may vary depending on the overall effect desired, but as a general rule all trees shall be the same kind on a street except to achieve special effects. Where appropriate a mix of dominant and understory species shall be approved by the Planning Board.

[3] Planting specifications. All trees shall have a minimum caliper of two inches where off-site trees are to be used. They shall be nursery grown, of substantially uniform size and shape and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.

(q) Buffering.

[1] Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impact from a site on an adjacent property or from adjacent uses. It may consist of fencing, evergreens, berms, rocks, boulders, mounds or combinations of these to achieve the stated objectives.

[2] When required. Buffering shall be required except when topographic or other barriers provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences or walls to ensure privacy and screen dwelling units. When required, buffers shall be measured from side and rear property lines, excluding access driveways.

[a] Where more intensive land uses abut less-intensive uses, a buffer strip of 25 feet but not to exceed 10% of the lot area in width shall be required.

[b] Parking areas, garbage collection and utility areas and loading and unloading areas shall be screened around their perimeter by a buffer strip a minimum of 15 feet wide.

[c] Where residential subdivisions abut higher-order streets (collectors or arterials), adjacent lots should front on lower-order streets, and a landscaped buffer area shall be provided along the property line abutting the road. The buffer strip shall be a minimum of 25 to 35 feet (but not to exceed 10% of the lot area) wide or wider where necessary for the health and safety of the residents and include both trees and shrubs.

[d] Lighting shall avoid "hot spots" as well as fugitive light.

[3] Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.

[4] Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticulture standards.

[5] Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area and buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

(r) Parking lot landscaping.

[1] Amount required. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for street trees.

[2] Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays or in diamonds between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.

[3] Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted. The area between trees shall be planted with shrubs or ground cover.

(s) Paving materials and walls and fences.

[1] Paving materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, climate, characteristics of users, appearance, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality and aesthetic appeal. Acceptable materials shall include but are not limited to concrete, brick cement pavers, asphalt and stone.

[2] Walls and fences shall be erected where required for privacy, screening, separation or security or to serve other necessary functions.

[a] Design and materials shall be functional, they shall complement the character of the size and type of building and they shall be suited to the nature of the project.

[b] No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

(t) Street furniture.

[1] Street furniture, such as but not limited to trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional need.

[2] Street furniture elements shall be compatible in form, material and finish. Style shall be coordinated with that of the existing or proposed site architecture.

[3] Selection of street furniture shall consider durability, maintenance and long-term costs.

(u) Architectural design shall be consistent with the overall design of the project [Subsection C(2)(f)].

(6) Open space/recreation/public use. Uses on and conditions for that portion of the tract delineated by the general development plan for permanent open space, recreation facilities or public uses as permitted under Subsection C(2)(d) above shall meet the following standards:

(a) Ownership. The developer of the senior citizen housing may either voluntarily deed to the Borough of Hopatcong and the Borough may, at its sole discretion, accept for public purposes land delineated by the general development plan, or, alternately, the developer may set aside lands so delineated for permanent open space in private ownership.

(b) Uses as deemed appropriate by the Planning Board to serve expected populations.

[1] Lands in public ownership may be used for recreational or educational purposes, including parks, playgrounds and schools, as approved by the Planning Board. Lands in private ownership shall be developed and used by the owners, residents and/or patients of the Senior Citizen Housing, as well as members of the general public who may be permitted use of these facilities only for recreational purposes, and shall include the following recreation amenities: a minimum of eight picnic areas; nature trails suitably improved, traversing and linking all recreation amenities in the permanent open space areas; four tennis courts; one swimming pool of Olympic size, with changing cabanas and a clubhouse of sufficient size to accommodate the residents and/or patients of the senior citizen housing development as well as the general public as permitted; and four horseshoe pits and shuffleboard courts.

[2] The Planning Board shall have the power to grant such exceptions from the above requirements as may be reasonable if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

(c) Area. That portion of the tract delineated by the general development plan as open space, whether designated for public or private ownership, specifically shall not include private open space incorporated in yards for attached or detached dwellings and semiprivate open space for the use and enjoyment of residents of the institutional facilities and their guests.

(d) Organization.

[1] In instances where lands delineated by the general development plan are designated for private ownership, the developer shall make provision for the establishment of an open space organization, which shall own and maintain said lands and improvements thereon for the benefit of owners, residents and/or patients of the senior citizen housing. Such organization shall not be dissolved and shall not dispose of any lands and/or improvements, by sale or otherwise, except to an organization conceived and established to own and maintain the land and improvements, for the benefit of the senior citizen housing development, and thereafter such organization shall not be dissolved or dispose of its holdings without first offering to dedicate the same to the Borough of Hopatcong.

[2] In the event that such organization shall fail to maintain its premises in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the land and improvements in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the Borough Council, in order to preserve and maintain the premises for a period of one year, may enter upon and maintain such land and improvements. Said entry and maintenance shall not vest in the public any rights to use the premises except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Borough Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the premises, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Borough Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said premises in reasonable condition, the Borough shall cease to maintain said premises at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said premises in a reasonable condition, the Borough may, in its discretion, continue to maintain said premises during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review.

[3] The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development, the owners of which have the right of enjoyment of the premises, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

(e) Setback. No building or structure of any kind other than those which may be necessary to provide or control access to a permitted use shall be placed within 75 feet from the perimeter of the tract portion as delineated.

(7) Construction scheduling and permits. In order to assure that the required elements of the senior citizen housing as listed under Subsection C(2)(a), (b), (c) and (d) of this section are developed in proper phasing sequence, the following schedule shall be complied with:

(a) No construction permit for any construction on the senior citizen housing development tract shall be issued until the establishment and disposition of the open space parcel as outlined in Subsection C(8) above shall have previously been accomplished.

(b) The applicant may obtain construction permits for up to 1/3 of the housing units for the elderly as delineated following site plan approval. The remaining 2/3 of such housing units for the elderly shall not be constructed until a proportional amount of the recreation amenities have been installed in a variety and location sufficient to serve the residents of those housing units previously constructed.

(8) Certification of compliance. As a condition of preliminary and final site plan/subdivision approval, a developer of senior citizen housing shall submit a certification of compliance acceptable to the Planning Board which states that the developer is in compliance with the requirements of the Fair Housing Amendment Act of 1988 and will be in compliance to the extent possible and feasible with such further amendments of the Fair Housing Act[2] as are applicable. The certification of compliance shall also contain a hold harmless and indemnification provision protecting the Borough of Hopatcong 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 Amendment Act of 1988 and amendments thereto. The developer shall comply with all requirements of Chapter 197 of this Code in securing site plan approval.

[2] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(9) Deed restrictions.

(a) Any conveyance of property or property rights by the developer, its successors or assigns in a senior citizen housing development must contain deed restrictions which put the transferee on notice that the occupancy of property in the senior citizen housing development is age-restricted. Further, additional notice must be given that a certificate of occupancy issued by the Hopatcong Borough Construction Official is required each time before occupancy, tenancy or use may commence or change.

(b) Prior to the sale of any units within the senior citizen housing development, the developer shall execute and record a declaration of covenants and restrictions for the homeowners' association as approved by the Planning Board, by the terms of which all lands within the senior citizen housing development and the owners thereof shall be, at all times, bound to certain uniform requirements and standards for the maintenance and repair of the common elements and limited common elements as defined in N.J.S.A. 46:8B-1 et seq.

(c) The deed of conveyance for all residential units in the senior citizen housing development shall, among other things, provide that:

[1] No exterior alterations or improvements shall be made to a unit without prior approval of the association of homeowners created in the declaration of covenants and restrictions.

[2] The maintenance of the common elements and limited common elements shall be the responsibility of the association of homeowners created in the declaration of covenants and restrictions.

[3] There shall be no detached accessory structures permitted on the premises.

[4] There shall be no satellite dishes or swimming pools or the parking of trailers, boats or commercial vehicles, other than in enclosed garages, on the premises.

(10) Age restrictions. Each dwelling unit in the senior citizen housing 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. One temporary resident who provides necessary health care to a permanent resident of the dwelling units may be 21 years of age or older, provided that such an individual may not be accompanied by any person(s) intending to reside at the premises of the unit temporarily or otherwise.

(11) Prior to the issuance of certificates of occupancies as required 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(10) above, for residents of the senior citizen housing development. Upon application for a certificate of occupancy, all prospective occupants of the respective residential or institutionalized-care units shall furnish conclusive proof of age, such as a certified birth certificate, to the Zoning Officer.

(12) Submission of a general development plan meeting the following requirements:

[Added 9-5-2001 by Ord. No. 19-2001]

(a) Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval on a planned development for multiple uses whose residential component is limited to senior citizens may submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board.

(b) The Planning Board shall grant or deny general development plan approval within 95 days after submission of an application deemed complete by the Board, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.

(c) General development plan - general requirements.

[1] The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

[2] The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection C(12)(c)[3] of this section, except that the term of the effect of the approval may be up to 10 years from the date upon which the developer receives final approval of the first section of the planned development.

[3] In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

(d) General development plan - required contents.

[1] A general land use plan at a scale specified by ordinance indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.

[2] A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development, and any proposed 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 and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands.

[4] A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid 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.

[6] An environmental inventory in accordance with the provisions of § 191-23 of this Code, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, critical areas as defined in this Code, existing man-made structures or features and the probable impact of the development, including such issues as soil and rock removal on the environmental attributes of the site.

[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, historic sites, libraries, hospitals, firehouses, and police stations.

[8] A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, e. 222 (N.J.S.A. 52:27D-301 et seq.), will be fulfilled by the development.

[9] A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal.

[10] A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection C(12)(d)[11] of this section, and following the completion of the planned development in its entirety.

[11] A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety.

[12] A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.

(e) Modification of timing schedule. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the 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.

(f) Variation in certain physical features; approval required.

[1] Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

[2] Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of, or condition of development approval imposed by the Department of Environmental Protection or other federal, state or county agency having jurisdiction, shall be approved by the Planning Board if the developer can demonstrate, to the satisfaction of the Planning Board, that the variation being proposed is a direct result of such determination by the Department of Environmental Protection.

(g) Amendments, approval required.

[1] Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer approved by the Planning Board.

[2] A developer, without violating the terms of the approval pursuant to this act, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), without prior municipal approval.

(h) Completion of development sections.

[1] Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan. If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with. If a developer does not complete any section of the development within eight months of the date provided for in the approved general development plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved general development plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved general development plan. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer, and the approval shall be terminated 30 days thereafter.

[2] In the event that a developer who has general development plan approval does not apply for preliminary approval of the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the municipality shall have cause to terminate the approval.

(i) Termination of general development approval. In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certification of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

(j) This section of the Code shall apply in addition to all other requirements for subdivision or site plan review and approval as set forth in the Code of the Borough of Hopatcong.

D. For developments in accordance with § 242-41, R-3 Zone, permitted accessory uses, conditional uses, requirements and conditions for open space zoning shall be as provided in § 242-41, R-3 Zone.

E. Multiple purpose developments.

(1) Required principal uses. A minimum of 5% of the area of the lot shall be utilized for permitted principal business uses, as indicated in § 242-46A for B-2 Zones. This required minimum of 5% of the area of the lot to be utilized for the business uses may be met through equivalent development by the developer on another site.

[Amended 2-22-1989 by Ord. No. 10-89]

(2) Permitted principal use. Residential construction shall be as permitted in § 242-42D, subject to the requirements and provisions of § 242-42D; provided, however, that the area, yard and building requirements set forth in § 242-43E(5) hereof shall be controlling.

[Amended 9-18-1997 by Ord. No. 30-97]

(3) The area to be used in determining the number of dwelling units allowed is that area utilized for residential planned development construction, not the entire lot area. The area comprising the minimum 5% for business uses shall be determined by using the minimum lot areas required for each use, as required in the B-2 Zone.

[Amended 2-22-1989 by Ord. No. 10-89]

(4) Permitted accessory uses and requirements for B-2 permitted uses, as indicated in Subsection E(1) of this section, are those as provided in § 242-46B and D.[3]

[Amended 2-22-1989 by Ord. No. 10-89]

[3] Editor's Note: Former Subsection E(5), which provided that no conditional uses would be permitted and immediately followed this subsection, was repealed 9-1-1999 by Ord. No. 19-99.

(5) Requirements. Area, yard and building requirements shall be as follows:

(a) Minimum lot size: 100 acres, except in conjunction with a senior citizen housing development pursuant to Subsection B(3) above.

[Amended 10-4-2000 by Ord. No. 20-2000]

(b) Gross density: one dwelling for two acres used for residential construction.

[Amended 6-4-1987 by Ord. No. 15-87; 10-4-2000 by Ord. No. 20-2000; 12-6-2006 by Ord. No. 37-2006]

(c) Entrances and exits to all multiple purpose development uses shall be provided on Sparta-Stanhope Road.

(d) The multiple purpose development application shall contain a time schedule for completion of the project by stages. The residential construction shall not proceed without documentation that construction of the B-2 type uses has been started and its development will continue. The Planning Board may, at its discretion, alter this requirement upon presentations and proof by the applicant that the economic viability of the project would be better ensured by an alternative arrangement.

[Amended 2-22-1989 by Ord. No. 10-89; 10-4-2000 by Ord. No. 20-2000]

F. Conditional uses.

[Added 9-1-1999 by Ord. No. 19-99]

(1) Wireless telecommunications towers and antennas.

§ 242-44 B-1 Retail Business Zone.

A. Permitted principal uses. The following are permitted principal uses in the B-1 Zone:

(1) Stores for the retail sale of goods, such as:

(a) Grocery stores.

(b) Drugstores.

(c) Dry goods stores.

(d) Meat and poultry stores.

(e) Baked goods stores.

(f) Packaged liquor stores.

(g) Flower shops.

(h) Confectionery stores.

(i) Household supplies stores.

(j) Stationary supplies stores.

(k) Haberdashery, dress goods and notions.

(l) Hardware, plumbing supplies and electrical appliances.

(m) Gift shops.

(n) Billiard/pool halls.

[Added 4-6-1989 by Ord. No. 15-89]

(2) Shops or offices for the provisions of services, such as:

(a) Barber- or beauty shops.

(b) Dry-cleaning or tailor shops.

(c) Self-service laundries.

(d) Shoe repair shops.

(e) Business and professional offices, banks and fiduciary institutions.

(f) Restaurants and eating places, but not diner-type.

(g) Radio and electrical repairing.

(3) Business offices, shops or stores similar to those listed herein in type of services or goods sold, in number of persons or cars to be attracted to the premises or in effect upon adjacent areas in more restricted use zones.

(4) Marinas, boat repair, rental yard or storage facilities.

[Amended 11-7-1996 by Ord. No. 25-96]

(5) Municipal buildings, parks and playgrounds.

B. Permitted accessory uses. The following are permitted accessory uses in the B-1 Zone:

(1) Signs in accordance with § 242-29.

(2) Fences.

(3) Other customary accessory uses and buildings, such as detached garages, yard utility buildings and off-street open parking, provided that such uses are incidental to the principal use and do not constitute another principal use.

C. Conditional uses. The following are permitted conditional uses in the B-1 Zone:

(1) Public utility installations and public utility garages.

(2) Public garages and gasoline stations.

(3) Philanthropic and eleemosynary uses.

D. Requirements. Area, yard and building requirements shall be as follows:

(1) Minimum lot size.

(a) Interior: 12,000 square feet.

(b) Corner: 14,000 square feet.

(2) Minimum lot width.

(a) Interior: 90 feet.

(b) Corner: 115 feet.

(3) Minimum lot depth: 100 feet.

(4) Minimum front yard setback: 25 feet.

(5) Minimum side yard setback.

[Amended 4-5-1990 by Ord. No. 11-90]

(a) Principal building: 10 feet.

(b) Accessory building: six feet or 1/2 the height of the accessory building, whichever is greater.

(6) Minimum rear yard setback.

[Amended 4-5-1990 by Ord. No. 11-90]

(a) Principal building: 20 feet.

(b) Accessory building: six feet or 1/2 the height of the accessory building, whichever is greater.

(7) Maximum building height.

[Amended 4-5-1990 by Ord. No. 11-90]

(a) Principal building: the lesser of 35 feet or 2 1/2 stories.

(b) Accessory building: 18 feet.

(8) Maximum lot coverage: 65%.

§ 242-45 B-1A Retail Business Zone.

[Added 12-2-1998 by Ord. No. 30-98]

A. Permitted principal uses. The following are permitted principal uses in the B-1A Zone:

(1) Stores for the retail sale of goods, such as:

(a) Grocery stores.

(b) Drugstores.

(c) Dry goods stores.

(d) Meat and poultry stores.

(e) Baked goods stores.

(f) Packaged liquor stores.

(g) Flower shops.

(h) Confectionery stores.

(i) Household supplies stores.

(j) Stationary supplies stores.

(k) Haberdashery, dress goods and notions.

(l) Hardware, plumbing supplies and electrical appliances.

(m) Gift shops.

(2) Shops or offices for the provision of services, such as:

(a) Barber or beauty shops.

(b) Dry-cleaning or tailor shops.

(c) Self-service laundries.

(d) Shoe repair shops.

(e) Business and professional offices, banks and fiduciary institutions.

(f) Restaurants and eating places, but not diner-type.

(g) Radio and electrical repairing.

(3) Business offices, shops or stores similar to those listed herein in type of services or goods sold, in number of persons or cars to be attracted to the premises or in effect upon adjacent areas in more restricted use zones.

(4) Municipal buildings, parks and playgrounds.

B. Permitted accessory uses. The following are permitted accessory uses in the B-IA Zone:

(1) Signs in accordance with § 242-29.

(2) Fences.

(3) Other customary accessory uses and buildings such is detached garages, yard utility buildings and off-street open parking, provided that such uses are incidental to the principal use and do not constitute another principal use.

C. Conditional uses. The following are permitted conditional uses in the B-1A Zone:

(1) Philanthropic and eleemosynary uses.

D. Requirements. Area, yard and building requirements shall be as follows:

(1) Minimum lot size: 20,000 square feet.

(2) Minimum lot width: 100 feet.

(3) Minimum lot depth: 150 feet.

(4) Minimum front yard setback: 25 feet (without front yard parking); otherwise, 100 feet.

(5) Minimum side yard setback: height of building or 20 feet, whichever is greater.

(6) Minimum rear yard setback: height of building or 25 feet, whichever is greater.

(7) Maximum building height: 35 feet.

(8) Maximum lot coverage: 65%.

§ 242-46 B-2 Highway Business Zone.

A. Permitted principal uses. The following are permitted principal uses in the B-2 Zone:

(1) Same as specified in the B-1 Zone, subject to all requirements of that zone.

(2) Baking, laundry, printing, upholstering and similar businesses of no more objectionable character.

(3) Funeral homes.

(4) Business offices and distributing establishments and other uses similar to those listed herein in type of services or goods sold, in number of persons or cars to be attracted to the premises, or in effect upon adjacent areas in more restricted use zones.

B. Permitted accessory uses. The following are permitted accessory uses in the B-2 Zone:

(1) Same as for the B-1 Zone as provided in § 242-44B.

C. Conditional uses. The following are permitted conditional uses in the B-2 Zone:

(1) Public utility installations and public utility garages.

(2) Public garages and gas stations.

(3) Motels and hotels.

(4) Philanthropic and eleemosynary uses.

(5) Diners, refreshment establishments, assembly halls, theaters, bowling alleys and other similar commercial recreational activities, provided that they are carried on within a building.

(6) Schools for profit.

(7) Animal hospitals.

D. Requirements. Area, yard and building requirements shall be as follows:

(1) Minimum lot size.

(a) Interior: 20,000 square feet.

(b) Corner: 22,000 square feet.

(2) Minimum lot width.

(a) Interior: 100 feet.

(b) Corner: 125 feet.

(3) Minimum lot depth: 100 feet.

(4) Minimum front yard setback: 50 feet

(5) Minimum side yard setback.

[Amended 4-5-1990 by Ord. No. 11-90]

(a) Principal building: 15 feet.

(b) Accessory building: six feet or 1/2 the height of the accessory building, whichever is greater.

(6) Minimum rear yard setback.

[Amended 4-5-1990 by Ord. No. 11-90]

(a) Principal building: 15 feet.

(b) Accessory building: six feet or 1/2 the height of the accessory building, whichever is greater.

(7) Maximum building height.

[Amended 4-5-1990 by Ord. No. 11-90]

(a) Principal building: the lesser of 35 feet or 2 1/2 stories.

(b) Accessory building: 18 feet.

(8) Maximum lot coverage: 65%.

§ 242-47 B-3 Business Commercial Zone.

This zone does not appear on the Zoning Map for the Borough. It is included in this chapter so that the Borough will have some standards and controls immediately available in case desirable commercial establishments wish to locate in the Borough and build a planned and integrated shopping center and request a change in the map.

A. Permitted principal uses. The following are permitted principal uses in the B-3 Zone:

(1) Regionally oriented retail shopping centers consisting of an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and theaters or auditoriums, housed in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading spaces and utilities and sanitary facilities.

(2) Office buildings for executive or administrative purposes.

B. Permitted accessory uses. The following are permitted accessory uses in the B-3 Zone:

(1) Same as for the B-1 Zone as provided in § 242-44B.

C. Conditional uses. The following are permitted conditional uses in the B-3 Zone:

(1) Public utility installations and public utility garages.

(2) Public garages and gasoline stations.

(3) Motels and hotels.

(4) Philanthropic and eleemosynary uses.

(5) Animal hospitals.

D. Requirements. Area, yard and building requirements shall be as follows:

(1) Minimum lot size: five acres.

(2) Minimum lot width: 300 feet.

(3) Minimum lot depth: 250 feet.

(4) Minimum front yard setback: 100 feet.

(5) Minimum side yard setback.

(a) Principal building: 75 feet.

(b) Accessory building: 75 feet.

(6) Minimum rear yard setback.

(a) Principal building: 100 feet.

(b) Accessory building: 75 feet.

(7) Maximum building height: the lesser of 35 feet or 2 1/2 stories.

(8) Maximum lot coverage: 35%.

§ 242-48 M-1 Light Manufacturing Zone.

A. Permitted principal uses. The following are permitted principal uses in the M-1 Zone:

(1) Light manufacturing, processing, producing or fabricating operations which meet the performance standards for the zone, provided that all operations and activities, except parking of motor vehicles and construction equipment and materials stored in enclosures, are conducted within enclosed buildings.

[Amended 4-6-1989 by Ord. No. 15-89; 11-4-1998 by Ord. No. 29-98]

(2) Experimental, research or testing laboratories, provided that no operation shall be conducted or equipment used which would create hazardous, noxious or offensive conditions or which involves radioactive materials unless they are incidental to the principal use.

(3) Administrative and general offices where no manufacturing is performed.

(4) Federal, state, county and municipal buildings and grounds.

(5) Warehouses and distribution centers.

(6) Bus storage.

(7) Contractor/office operations which meet the performance standards for the zone, provided that all operations and activities, except parking of motor vehicles and construction equipment and materials stored in enclosures, are conducted within an enclosed building.

[Added 4-6-1989 by Ord. No. 15-89; amended 11-4-1998 by Ord. No. 29-98]

(8) Wireless telecommunications towers and antennas.

[Added 9-1-1999 by Ord. No. 19-99]

(9) Public garages.

[Added 5-4-2011 by Ord. No. 8-2011]

B. Permitted accessory uses. The following are permitted accessory uses in the M-1 Zone:

(1) Signs in accordance with § 242-29.

(2) Fences.

(3) Retail sales of items manufactured or warehoused in a permitted principal use indicated in Subsection A(1) above if conducted in the principal building.

(4) Other customary accessory uses and buildings, such as detached garages, yard utility buildings and off-street open parking, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

C. Conditional uses. The following are permitted conditional uses in the M-1 Zone:

(1) Public utility installations and public utility garages.

(2) Animal hospitals and kennels.

D. Requirements. Area, yard and building requirements shall be as follows:

(1) Minimum lot size: two acres.

(2) Minimum lot width: 200 feet.

(3) Minimum lot depth: 200 feet.

(4) Minimum front yard setback: 70 feet.

(5) Minimum side yard setback for principal and accessory buildings:

(a) Either side: 30 feet.

(b) Total of both sides: 60 feet, except that wherever a lot in this zone abuts a lot in a residential zone, a side yard of 150 feet shall be required.

(6) Minimum rear yard setback for principal and accessory buildings: 40 feet, except that wherever a lot in this zone abuts a lot in a residential zone, a rear yard of 150 feet shall be required.

(7) Maximum building height: 50 feet, except that wherever a lot in this zone abuts a lot in a residential zone, the maximum building height shall be 35 feet.

(8) Maximum lot coverage: 40%.

E. The following uses are specifically prohibited in this zone:

(1) Retail business, except as provided in Subsection B(3) of this section.

(2) The manufacture of heavy chemicals such as but not limited to acids or other corrosives, ammonia, caustic soda and sulfuric acid; the manufacture of basic or semifinished chemicals such as cellulose products, resins, dyestuffs, glue, vegetable, animal or mineral fats or oils, explosives, combustible gases, soaps and detergents, fertilizers, asphalt and tar products; the manufacture or production of metals and alloys in ingot form; the manufacture or production of cement, plaster, cork and their constituents, matches, paints, oils, varnishes, lacquer, rubber or rubber products or vinyl-chloride-types; the slaughtering or processing of animals, fowl or fish; and the processing, sale, storage or reclamation of junk of all kinds, including automobile wrecking and storing.

(3) Residential uses.

F. Storage and waste disposal.

(1) No highly flammable or explosive liquids, solids or gases shall be stored in bulk aboveground, with the exception of tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel.

(2) All outdoor storage facilities for fuel, raw materials and products and all fuel and all raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from the adjacent properties.

(3) No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.

(4) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.

G. Control of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at lot boundary lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary system should fail.

H. Glare and heat. All industrial uses shall carry on no operation that would produce heat or glare beyond the property line of the lot on which the industrial operation is situated. Wherever the property line of a lot in this zone abuts a residential zone boundary, appropriate measures shall be taken to shield such adjacent residential area from the glare of headlights or other illumination on the property.

I. Industrial wastes and sewage. All methods of sewage and industrial waste treatment and disposal shall be approved by the State or local Department of Health and must be in accordance with all applicable regulations pertaining to treatment and disposal of sewage.

J. Electric, diesel, gas or other power. Every use requiring power shall be so operated that the service lines, substations, etc., shall conform to the highest safety requirements known, shall be so constructed, installed, etc., as to be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by coniferous planting.

K. Provision and use of water. All water requirements shall be stated in the application. Water shall be supplied from wells only after exhaustive geologic study furnished by the applicant and certification by a professional geologist that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level and supply of other properties. Facilities planning should consider the possibility of intermittent water supply and the installation of a water storage system.

L. Uses permitted in this M-1 Light Manufacturing Zone shall be only those which are normally such that at no time will such use cause or result in any:

(1) Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, noise or vibration beyond the boundaries of the zone in which it is located.

(2) Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use. Sprinkler systems and fire alarms should be considered in the design of structures.

(3) Hauling of materials, goods, or products to or from the site of such use in a volume or manner materially incongruous with the normal traffic on the streets in the neighborhood.

M. Maximum permissible sound levels. No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds 65 decibels between the hours of 7:00 a.m. and 10:00 p.m. and 50 decibels between the hours of 10:00 p.m. and 7:00 a.m. when measured at the property boundary of a residential zone or which exceeds any of the following octave band readings:

	Octave Band Center Frequency (cycles per second)	Sound Pressure Level Decibels	(re 0.0002 dyne/cm2)
		7:00 a.m. to 10:00 p.m.	10:00 p.m. to 7:00 a.m.
	31.5	96	86
	63	82	71
	125	74	61
	250	67	53
	500	63	48
	1,000	60	45
	2,000	57	42
	4,000	55	40
	8,000	53	38

§ 242-49 M-2 Light Manufacturing and Extraction Zone.

A. Permitted principal uses. The following are permitted principal uses in the M-2 Zone:

(1) All permitted principal uses in the M-1 Zone, § 242-48A.

(2) Quarrying and quarry uses.

(3) Wireless telecommunications towers and antennas.

[Added 9-1-1999 by Ord. No. 19-99]

B. Permitted accessory uses. The following are permitted accessory uses in the M-2 Zone:

(1) All permitted accessory uses for the M-1 Zone as provided in § 242-48B.

C. Conditional uses. The following are permitted conditional uses in the M-2 Zone:

(1) Public utility installations and public utility garages.

(2) Animal hospitals and kennels.

D. Requirements for permitted principal uses as indicated in Subsection A above. For all permitted uses in the M-1 Zone, that is, all uses permitted in the M-2 Zone, except quarrying and quarry uses, the requirements shall be as provided in § 242-48, and all other provisions and restrictions shall apply.

E. Requirements for quarrying and quarry uses. It is hereby deemed that the presence of rock formations and sand and gravel deposits in the Borough of Hopatcong requires recognition as a natural resource and economic asset which permits their extraction, processing and sale. It is equally recognized that such operations are of a special nature and require adequate regulations, supervision and direction to assure protection of the area in which they are located, as well as the public health, safety and general welfare of the citizens of the Borough. As a means of administering these protective measures and in recognition of the uniqueness of such uses, the following special requirements and provisions are established:

(1) No person shall excavate or otherwise remove any natural mineral deposit for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, without first having procured permission therefor through site plan approval.

(2) The site plan application shall be in conformance with Chapter 191. An environmental impact statement and a reclamation plan indicating how the excavated land can be restored for productive use shall be part of the application.

(3) No quarry shall be permitted on a parcel of land having an area of less than 100 contiguous acres. No establishment consisting of both a quarry and processing plant or part thereof shall be conducted on a parcel of land having an area of less than 150 contiguous acres. Said parcel shall consist in each case of all contiguous land under the ownership or control of the applicant which lies within any zone permitting quarries.

(4) No part of any such use, including any building, automobile parking area, storage of materials, filling of land or any other building or activity, but excepting a railroad spur entering the property and access roads approved as herein provided, shall be established or conducted within a distance of 100 feet from an adjoining property line or within 200 feet from the nearest right-of-way line of any public road or highway now maintained by public authority. Excavation shall not be conducted closer than 300 feet to the boundary of any zone where such operations are not permitted, either in Hopatcong or an adjoining municipality, nor shall such excavation be conducted closer than 200 feet to the boundary of an adjoining property line. Excavation may be conducted within limits prescribed above only, in order to adjust the elevation thereof in conformity with the reclamation plan.

(5) The location and design of vehicular access to any part of such use from any public road, street or highway shall give due consideration to the design of the road, its effect on existing roads and traffic patterns, suitable traffic safety conditions and the type and burden of traffic that will result.

(6) The transfer of any products, by-products or any other materials from the quarrying operation by trucks shall be done in a covered vehicle or be sufficiently wet before leaving the site so as not to cause dust spillage on roads or areas near the site.

(7) Provision shall be made for the disposal of waste in compliance with all applicable federal, state and local legislation and regulations.

[Amended 2-21-1991 by Ord. No. 3-91]

(8) Minimization of dust conditions.

(a) All equipment used for the operation shall be constructed, maintained and operated in such a manner as to minimize, as far as practicable, dust conditions which may be injurious or substantially annoying to all persons living in the vicinity.

(b) All access roads to public highways, roads or streets or to adjoining property shall be paved or treated so as to minimize dust conditions.

(9) Any open excavation having a depth of 10 feet or more and a slope of more than 45º shall be fenced at least 40 feet outside the edge of such excavation, which fence shall be at least five feet in height, effectively controlling access to the area in which such excavation is located, and shall be approved by the Borough Construction Official.

(10) All buildings, structures and plants used for the production or processing of extractive materials shall be maintained in such a manner, as far as practicable and according to acceptable industrial practice, as to assure that such buildings, structures and plants will not become dangerously dilapidated.

(11) Within a period of 12 months after the termination of extraction or production or within three months after abandonment of the operation for a period of three months, all buildings, structures and plants incidental to such operation shall be dismantled and removed by and at the expense of the operator last operating such buildings, structures and plants, except that such buildings, structures and plants need not be dismantled and removed as long as they may legally be used for some other purpose permitted in the zone in which they are located and upon obtaining a certificate of occupancy permit from the Construction Official and securing site plan and/or subdivision approval if applicable.

(12) No excavation shall be made to a groundwater-producing depth, and excavations must be graded or backfilled to meet the following requirements:

(a) All banks shall be left with a slope no greater than 30º, except that a greater slope will be permitted if in substantial conformity with the land area immediately surrounding or the reclamation plan.

(b) The property shall be so graded that stagnant water will not be permitted to collect thereon.

(13) Upon the completion of operations, the land shall be left in a safe condition so that sufficient drainage shall be provided so as to prevent water pockets or undue erosion, with all grading and drainage such that runoff water leaves the entire property at the original, natural drainage points and that the area drainage to any one such point is not increased except as may be approved in the reclamation plan.

(14) Not more than 30% of the total property covered by the quarry permit or 100 acres, whichever is the lesser, shall be in a state of excavation at any one time. Reclamation, according to the reclamation plan, may be carried on as soon as excavation is completed on any part. If the above excavation limits have been met without any reclamation, no new excavation areas may be opened until such time as reclamation has been accomplished on a sufficient area to allow excavation to proceed and the thirty-percent or one-hundred-acre limit to be maintained. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the excavated area. Upon replacement of the topsoil, trees, shrubs, legumes, grasses or other ground cover shall be planted upon such area in order to avoid erosion as far as is practicable and consistent with the reclamation plan.

(15) The entire quarrying operation, including excavation, grading reclamation, drainage, equipment and structures, shall be subjected to a semiannual inspection made by a licensed professional engineer. The engineer shall be appointed by the Borough Council, with the fees for his services to be paid by the permit holder. The purpose of such inspection shall be to determine whether all requirements of this chapter have been and are being met. The engineer shall file a complete report on the results of his inspection with the Construction Official, providing the permittee a copy thereof.

(16) The requirements of § 242-48E through M of the M-1 Zone requirements shall apply to this use.

(17) The operator of each active quarry operation shall annually submit to the Borough Construction Official by January 15 of each calendar year an aerial photograph of the disturbed area of the quarry property. Said aerial photo shall be taken during the period of October 1 to November 30 of the preceding year. Said aerial photograph shall be a scaled planimetric photograph and shall be at a minimum scale of one inch equals 200 feet. The scale and the date when the photograph were taken shall be indelibly marked directly on the photograph.

[Added 11-4-1993 by Ord. No. 20-93; amended 2-3-1994 by Ord. No. 2-94; 3-6-1997 by Ord. No. 7-97]

(18) The operator of each active quarry operation shall, before conducting any work for which a site plan has been granted, post and continuously maintain, with the Borough, a bond by a recognized surety company authorized to do business in the State of New Jersey and approved by the Borough Council. The bond shall be to insure the faithful performance of the work and land restoration to be undertaken pursuant to the terms and conditions of the site plan approval. The bond shall be in an amount of not less than $10,000 per acre of land, or part thereof, which has been approved for quarrying purposes pursuant to the operator's site plan. The bond shall cover all requirements set forth in this chapter with regard to the respreading of topsoil and the reclamation and restoration of the land upon completion of quarrying processes.

[Added 3-6-1997 by Ord. No. 7-97]

(19) The amount of any performance bond or guaranty posted hereunder may be reduced by the governing body by resolution duly adopted upon the written request of the operator when portions of the improvements or works have been completed and portions of the land have been restored. Prior to any such reduction, the governing body shall obtain a recommendation from the Borough Engineer with regard to any such bond reduction.

[Added 3-6-1997 by Ord. No. 7-97]

(20) When all required performance has been completed, the operator shall notify the governing body, in writing, by certified or registered mail, of the completion thereof; whereupon the governing body shall authorize the Borough Engineer to inspect the site to determine that all requirements of the approved site plan have been complied with. The Borough Engineer shall thereupon file a report, in writing, with the governing body which shall be detailed and shall indicate either approval, partial approval or rejection. If the work covered by the bond or performance guaranty, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, the report shall contain a statement of reasons for such nonapproval or rejection. Where the rejection indicates partial approval of the improvements or works, it shall indicate the costs of the work for which approval is rejected. The governing body shall accept or reject the work, grant partial approval or withhold approval on the basis of such report and shall notify the operator, in writing, by certified or registered mail, of the contents of the report and the action of the governing body with relation thereto no later than 90 days after receipt of notice from the operator of the completion of the work. Where partial approval is granted, the operator shall be released from liability pursuant to its performance guaranty bond, except for that portion adequately sufficient to secure the work not yet approved.

[Added 3-6-1997 by Ord. No. 7-97]

(21) The operator shall be responsible to reimburse the Borough for all of the inspection fees of the Borough Engineer incurred in making the inspections with regard to the land restoration bond established hereinabove.

[Added 3-6-1997 by Ord. No. 7-97]

(22) The requirement of this chapter for the posting of a bond shall become effective immediately for any new quarry which receives site plan approval subsequent to the adoption of this chapter. For all quarries which currently have site plan approval and are in operation as of the date of the adoption of this chapter, said active quarries shall be required to post the bond provided for herein as of January 1, 1998.

[Added 3-6-1997 by Ord. No. 7-97]

§ 242-49.1 River Styx Corridor Overlay Zone.

[Added 5-21-2014 by Ord. No. 10-2014]

A. Properties included in the River Styx Corridor are listed in Subsection B.

B. List of districts and affected lots:

(1) Mixed-Use 1 includes: Block 30707, Lots 2, 3, 4, 5, 6, 9 and 10; Block 30705, Lots 4, 6, 7 and 9; Block 30701, Lots 1, 2, 3, 4 and 12.

(2) Mixed-Use 2 includes: Block 30601, Lot 21; Block 30707, Lot 11; Block 30703, Lots 11, 12 and 12.01; Block 31603, Lots 52 and 52.01.

(3) Mixed-Use 3 includes: Block 31605, Lot 14; Block 30606, Lots 20, 21, 27 and 28.

(4) Fringe Residential includes: Block 31606, Lots 21, 22 and 23.

(5) Waterfront District includes: Block 30704, Lots 6, 8, 9, 10, 13 and 14.

(6) Parking: Block 30706, Lot 1; Block 30705, Lot 1.

C. Description of zone and list of permitted principal and accessory uses and parking requirements:

(1) Mixed-Use 1 District.

(a) Description. This district is intended to encourage three-story mixed-use buildings that permit a variety of nonresidential in addition to residential uses which are limited to upper stories only. Ground-level nonresidential uses should be oriented towards River Styx Road, and create an active window shopping atmosphere.

(b) Principal permitted uses:

[1] Retail sales and services.

[2] Banks.

[3] Health clubs.

[4] Professional offices.

[5] Restaurants and eating places.

[6] Multifamily residences on the upper floors and residential use of a first floor unit improved in compliance with the requirements of the Americans with Disabilities Act for use of an individual or individuals qualifying for such use.

[Amended 10-21-2015 by Ord. No. 32-2015]

(c) Permitted accessory uses:

[1] Off-street parking.

[2] Other uses customary and incidental to principal use.

(d) Bulk standards:

[1] Minimum front yard: 0.5 foot.

[2] Maximum front yard: 10 feet.

[3] Minimum rear yard: 10 feet.

[4] Minimum side yard: 10 feet.

[5] Maximum building height: three stories/45 feet.

[6] Minimum building height: two stories/30 feet.

[7] Minimum ground floor height: 10 feet.

[8] Maximum ground floor height: 15 feet.

[9] Maximum lot coverage: 90%.

(e) Parking requirements:

[1] Retail sales and services: four spaces/1,000 square feet.

[2] Banks: four spaces/1,000 square feet.

[3] Health clubs: one space/1,000 square feet.

[4] Professional offices: three spaces/1,000 square feet.

[5] Restaurants: one space/three seats.

[6] Multifamily residences: compliance with minimum parking requirements specified in the New Jersey Residential Site Improvement Standards.

(2) Mixed-Use 2 District.

(a) Description. This district is similar in concept to the Mixed-Use 1 District, however within this district nonresidential uses such as retail commercial stores are encouraged, but not required to be on the ground floor of the building. Ground-level commercial uses should be oriented towards River Styx Road, and create an active window shopping atmosphere. Outdoor dining is to be encouraged. Building design shall take into consideration the creation of lake view corridors from municipal rights-of-way.

(b) Principal permitted uses:

[1] Retail stores/services.

[2] Banks.

[3] Health clubs.

[4] Professional offices.

[5] Restaurants and eating places.

[6] Multifamily residences.

[7] Bed-and-breakfast or boutique hotel.

[8] Religious institutions and houses of worship.

(c) Permitted accessory uses:

[1] Off-street parking.

[2] Other uses customary and incidental to the principal use.

(d) Public lake access. Properties with commercial uses and lake access shall provide for public access to the lake. Public access may consist of a sixteen-foot-wide public access easement along the lake frontage to allow for the construction of a public boardwalk. Alternatively, consideration may be given to constructing a public pier.

(e) Bulk standards:

[1] Minimum front yard: five feet.

[2] Maximum front yard: 10 feet.

[3] Minimum rear yard: 20 feet.

[4] Minimum side yard: 10 feet.

[5] Maximum building height (mixed-use building): 2.5 stories/35 feet.

[6] Minimum building height: two stories/30 feet.

[7] Minimum ground floor height: 10 feet.

[8] Maximum ground floor height: 15 feet.

[9] Maximum lot coverage: 90%.

(f) Parking requirements:

[1] Retail sales and services: four spaces/1,000 square feet.

[2] Banks: five spaces/1,000 square feet.

[3] Health clubs: one space/1,000 square feet.

[4] Offices: three spaces/1,000 square feet.

[5] Multifamily residences: compliance with minimum parking requirements specified in the New jersey Residential Site Improvement Standards.

[6] B&B: one space/room.

[7] No parking is permitted between the front building line and the street.

(3) Mixed-Use 3 District.

(a) Description:

[1] This district is intended to encourage the development of mixed-use structures on the east side of the River Styx Bridge. Ground-level nonresidential uses are encouraged, but not required. Commercial uses should be oriented towards the public street.

[2] Building design shall take into consideration the creation of lake view corridors from municipal rights-of-way.

[3] Properties with commercial uses and lake access shall provide for public access to the lake. Public access may consist of a sixteen-foot-wide public access easement along the lake frontage to allow for the construction of a public boardwalk. Alternatively, consideration may be given to constructing a public pier.

[4] Building types in the Mixed-Use 3 District shall be substantially identical to the building types in the Mixed-Use 2 District.

(b) Principal permitted uses:

[1] Retail sales and services.

[2] Banks.

[3] Health clubs.

[4] Professional offices.

[5] Restaurants and eating places.

[6] Multifamily residences.

(c) Permitted accessory uses:

[1] Off-street parking.

[2] Other uses customary and incidental to the principal use.

(d) Bulk standards:

[1] Minimum front yard: 10 feet.

[2] Minimum rear yard: 15 feet.

[3] Minimum side yard: 10 feet.

[4] Maximum building height: 2.5 stories/35 feet.

[5] Minimum ground floor height: 10 feet.

[6] Maximum ground floor height: 15 feet.

[7] Maximum lot coverage: 65%.

(e) Parking requirements:

[1] Retail sales and services: four spaces/1,000 square feet.

[2] Banks: four spaces/1,000 square feet.

[3] Health clubs: one space/1,000 square feet.

[4] Offices: three spaces/1,000 square feet.

[5] Restaurants: one space/three seats.

[6] Multifamily residences: compliance with minimum parking requirements specified in the New Jersey Residential Site Improvement Standards.

(4) Residential District.

(a) Description. The purpose of this district is to permit the construction of attached, single-family residential dwelling units in a traditional townhouse architectural design, to complement the mixed-use development in the remainder of the District.

(b) Principal permitted uses:

[1] Attached single-family residential dwelling units.

(c) Permitted accessory uses:

[1] Off-street parking.

[2] Other uses customary and incidental to the principal use.

(d) Bulk standards:

[1] Minimum public ROW setback: 25 feet.

[2] Minimum perimeter setback: 50 feet.

[3] Maximum building height: 2.5 stories/35 feet.

[4] Maximum lot coverage: 65%.

[5] Maximum density: 2.5 unites/acre.

[6] Maximum number of units per building: six units/building.

(e) Parking requirements.

[1] Compliance with minimum parking requirements specified in the New Jersey Residential Site Improvement Standards.

[2] Parking may be permitted in a garage in the front facade of the building. However, no greater than 50% of the width of the building may be devoted to the garage door.

[3] Rear loaded garages in lieu of front loaded garages are encouraged.

[4] A minimum distance of 20 feet shall be maintained between the face of a garage door and the edge of the sidewalk or pedestrian path.

(5) Waterfront District.

(a) Description:

[1] The intent of this district is to create public access near the Lake Hopatcong waterfront that allows for open views of the lake and the boats in the marina, from River Styx Road. Outdoor dining is encouraged. In this district the lake, rather than River Styx Road, shall serve as the principal frontage for buildings. The building wall shall be oriented towards the lake. Building design shall take into consideration the creation of lake view corridors from municipal rights-of-way.

[2] No garages are to be permitted in this district.

[3] No parking shall be permitted between the building and the lake frontage walkway.

(b) Principal permitted uses:

[1] Retail sales and services.

[2] Restaurants and eating places.

[3] Marinas.

[4] Community recreation such as paddle boats.

[5] Pavilion.

[6] Residences (upper floors only), subject to no on-site boat storage to assure residential parking is accommodated.

(c) Permitted accessory uses:

[1] Off-street parking.

[2] Other uses customary and incidental to the principal use.

(d) Public lake access. Properties with commercial uses and lake access shall provide provisions to allow public access to the lake. Public access may consist of a sixteen-foot-wide public access easement along the lake frontage to allow for the construction of a pubic boardwalk. Alternatively, consideration may be given to constructing a public pier.

(e) Bulk standards:

[1] Minimum rear yard (from lake): 20 feet.

[2] Maximum building height: 2.5 stories/35 feet.

[3] Minimum side yard: 10 feet.

[4] Minimum front yard: 10 feet.

[5] Maximum lot coverage: 90%.

(f) Parking requirements:

[1] Retail stores/services: four spaces/1,000 square feet.

[2] Restaurants: one space/three seats.

[3] Marinas: one space/three boat slips.

[4] Community recreation: five spaces/1,000 square feet.

[5] Offices: three spaces/1,000 square feet.

[6] Residences: two spaces/dwelling unit.

(6) Parking District.

(a) Description:

[1] The intent of this district is to provide additional parking capacity to meet the general needs of the entire River Styx Road mixed-use commercial corridor.

[2] In order to achieve the desired densities specified in this code, developers may be required to secure off-site parking to meet the specific needs of the proposed development. Developers are encouraged to work with other property owners in order to achieve the required parking requirements. Developers not meeting the on-site requirements will be required to reduce the on-site density accordingly.

[3] Surface parking lots shall be set back from the street a minimum of five feet.

[4] Parking lots shall be suitably landscaped.

(b) Principal permitted uses:

[1] Off-street parking.

(7) Design standards for construction. These design standards shall be considered site plan standards. Deviations from any design standard shall require a design waiver.

(a) General design standards.

[1] The primary orientation of a building shall be towards River Styx Road or the public street on which the property fronts.

[2] Buildings located at corners, intersections, or other prominent locations shall be designed to be oriented toward the corner with architectural and design features giving greater emphasis to the corner.

[3] Gateway areas, in particular those at the bridge, shall be designed so as to serve as a way to distinguish one area from another.

[4] The type, shape, pitch, texture and color of roof surfaces visible from the sides of the building shall be architecturally compatible with the building style, material, colors and details.

[5] All pedestrian entryways and/or lobbies shall be prominent and well-lit.

[6] Each individual use on the ground level of the building must have its own individual entrance.

(b) Architectural standards.

[1] Materials and colors.

[a] Natural earth colors are encouraged.

[b] Wood, local stone and brickwork are encouraged as primary building materials. Vinyl siding and EIFS shall be discouraged.

[2] External building walls.

[a] The exterior walls of buildings shall not have large blank or featureless expanses.

[b] Trim elements and visible window framing shall be painted or sealed.

[c] Fireplace enclosures and chimneys attached to the building face shall extend to the ground.

[d] Detailing such as detailed cornice moldings shall be encouraged, particularly along River Styx Road.

[e] Buildings shall have each level distinctly articulated through its architectural design features.

[3] Retail fenestration.

[a] A minimum of 60% of the ground floor facade surface area of any building used for retail shall be glazed.

[b] The sill is required to be a maximum of three feet above the sidewalk grade for nonresidential uses.

[4] Roofs.

[a] All hipped or gabled roofs must have eaves.

[b] Eaves shall be continuous unless overhanging a balcony or porch.

[c] Eaves shall extend a minimum of two feet from the building face.

[d] The minimum pitch for sloped roofs shall be 8:12.

[e] Enclosure of rooftop areas, terraces, or balconies is not permitted; however, rooftop planters, fences below the height of the parapets or railings, canvas terrace awnings and outdoor furniture are allowed.

[f] Rooftop appurtenances, including architectural features such as spires, cupolas, domes and belfries, are permitted, as long as their highest points are no more than 10 feet above the maximum overall height of the building. Architectural features that extend beyond the permitted height of the building shall not be habitable spaces.

[5] Stoops, porches, roofs and balconies.

[a] The foundation walls of stoops and porches must be consistent with the foundation treatment of the building.

[b] Awnings, canopies and/or balconies are permitted and shall only extend a maximum of three feet from the exterior wall into an established setback.

[c] Balconies shall be structurally supported by decorative brackets or beams when facing public streets.

[d] Porches and stoops must be a minimum of 12 inches above the sidewalk grade.

[6] Residential windows and doors.

[a] If exterior shutters are used, they shall be sized and mounted appropriately to fit their window.

[b] Doors, except garage doors, shall be or appear to be constructed of planks or raised panels (not flush with applied trim).

[c] Window sills shall project a minimum of two inches from the building face.

[d] All lintels shall extend a minimum of four inches beyond the edge of the opening.

[7] Mechanical equipment and utilities.

[a] Rooftop mechanical equipment shall be screened from public view.

[b] Air-conditioning units shall not be placed into windows or any other openings visible from the street.

[c] Every effort shall be made to make utilities as visually unobtrusive as possible.

[d] Meters and access panels shall be integrated with street and building design.

[8] Parking and loading standards.

[a] Parking in the front yard facing River Styx Road shall be prohibited.

[b] Parking shall include decorative lighting that is consistent with other site lighting.

[c] The relationship between truck delivery, vehicular traffic and pedestrian circulation shall be considered when designing service entries, roadways, walkways and pedestrian entries.

[d] Off-street parking may be permitted on the ground level underneath the building if screened from public view.

[e] No loading or service areas shall be permitted along the River Styx Road corridor.

[f] Off-street parking requirements may be met off site, provided that the parking is within 500 feet of the property and meets other requirements of this section.

[g] Drive aisles shall be a minimum of 24 feet in width.

[h] A buffer of a minimum of five feet in width shall be placed around the perimeter of any surface parking lots.

[i] Tree islands shall be provided within surface parking lots. At least one tree per 10 spaces shall be provided on these tree islands.

[9] Additional design standards.

[a] In residential developments outside storage of materials and personal belongings of residents shall be prohibited.

[b] All storage of refuse and recyclable materials shall be maintained within the confines of an enclosed building or structure and shall be reasonably accessible for vehicular collection on the site.

[c] Chain link fences are not permitted as fencing materials.

[d] Exterior security grates are prohibited.

[10] Streetscape standards.

[a] Street furniture is encouraged and shall be designed and located to provide a visual unity and elegance to the streetscape.

[b] Benches are encouraged in appropriate locations on all streets.

[c] Trash receptacles and recycling receptacles shall be located in appropriate locations on River Styx Road.

[d] Bicycle racks shall be placed in locations as determined during site plan review and shall be placed so as not to interfere with pedestrian circulation.

[e] Bollards and planters may be used as activity separators. Permanent bollards shall be lit whenever possible.

[f] Streetlights shall comply with municipal standards.

[11] Outdoor dining standards.

[a] Public sidewalk dining is permitted in front of all dining establishments. Furniture for outdoor dining shall be consistent with the established design theme and shall be located so as not to interfere with pedestrian circulation.

[b] No outdoor dining may be set up in such a manner that any vehicular circulation or loading areas are blocked by any tables or chairs.

[c] Tables, chairs, umbrellas and containers for the disposal of recyclable materials and waste are the only items that shall be permitted as a part of outdoor dining. All features shall be secure after business hours. Plastic or similar light-weight street features shall not be permitted.

[d] Restaurants must provide for their own disposal of waste materials and recyclables. Public receptacles shall not be used for outdoor dining.

[e] All food preparation shall be done in the regular kitchen of the restaurant.

[f] All outdoor dining tables and furniture shall be placed in front of the establishment providing service. No restaurant may encroach upon the sidewalk frontage of another establishment.

[g] Outdoor dining must maintain a minimum of five-foot public access.

[12] Signage standards.

[a] Signage for all properties within the Form Based Zone shall be as per the Borough's Ordinance, § 242-29.

(8) Street Corridor Plan. River Styx Road is intended to be transformed into a "complete street," which means that the corridor will be made more accessible for multiple modes of transportation such as walking and bicycling. There are several improvements to the existing fifty-foot-wide right-of-way which can help reduce vehicular speed along the corridor, provide adequate sidewalk space and allow room for bicycles to safely use the streets. The configuration of River Styx Road can be seen in the Street Corridor Plan, Exhibit A.[1]

(a) Proposed River Styx Road section:

[1] Minimum five-foot-to-six-foot sidewalks on each side of the street.

[2] Eight-foot parallel parking area on southbound side.

[3] Twelve-foot shared bicycle/vehicular travel lane in each direction.

[4] Four-foot shoulder on the northbound side.

[5] Planter strip buffering utility corridor on both sides immediately adjacent to curbing.

[1] Editor's Note: Exhibit A is on file in the Borough offices.

§ 242-50 Open space zoning.

A. Any subdivision employing open space zoning shall not be approved unless the lot sizes conform to the minimum lot size for the zone.

B. The percentage of the total tract of land to be reserved as open space shall be equal to the percentage that the average lot areas are reduced from the minimum lot requirement. The minimum lot area as a result of open space zoning shall not be less than that provided in the open space zoning requirements for the zone.

C. No area to be reserved as open space under the terms of this chapter shall be less than six acres, unless said area is to be joined to an existing parcel of Borough land or other dedicated open space or unless a smaller area is shown on the Master Plan or Official Map of the Borough or unless the open space area is to be dedicated to the Borough and the Borough has indicated acceptance.

D. The area reserved as open space under the terms of this chapter shall be used for one or more of the following purposes:

(1) Undeveloped open space.

(2) Recreational facilities.

(3) Public buildings, public schools and school grounds.

(4) Public uses designated for the property in question on the Master Plan.

E. The area to be reserved as open space under the terms of this section shall be at a location and of a shape as required by the Planning Board, provided that:

(1) Said area shall adequately accommodate one or more of the permitted uses listed above and shall complement the existing and contemplated future surrounding development.

(2) Said area shall be adaptable to the above permitted uses without undue public expenditure that might be required by reason of adverse topography, adverse drainage or soil conditions of inadequate accessibility.

F. Nothing contained herein shall be construed to require the Planning Board to approve any subdivision employing open space zoning if said subdivision is in conflict with any provision of the Hopatcong Master Plan or if said subdivision will in any way result in a land use pattern that will adversely affect that portion of the Borough in which it lies.

G. Common space resulting from the application of standards for density or intensity of land use shall be set aside for the use and benefit of the residents in such development.

(1) The Borough may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance. The landowner shall provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space, without first offering to dedicate the same to the Borough.

(2) In the event that the organization established to own and maintain common open space or any successor organization shall at any time fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Borough may serve written notice upon such organization or upon the residents and owners, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 30 days or any extension thereof, the municipality, in order to preserve the taxable value of the properties and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space, except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing, upon notice to such organization or to the residents and owners, to be held by the governing body, at which hearing such organization or the residents and owners shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said common open space in a reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the governing body shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and be subject to a similar hearing and determination in each year thereafter.

(3) The cost of such maintenance by the Borough shall be assessed ratably against the properties that have a right or enjoyment of the common open space and shall become a tax lien on said properties. The Borough, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien.

§ 242-51 Site plan or subdivision approval.

A. Site plan approval.

(1) Site plan approval. Site plan review and approval shall be required for every conditional use, as provided in this chapter, and before any change of use or before any excavation, removal of soil, clearing of a site or placing of any fill or surfacing on lands contemplated for development or developed, and except as hereinafter provided, no building permit shall be issued for any building or use of any building or change in use of any building, including accessory structures, unless a site plan is first submitted and approved by the reviewing board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing board. Site plan review and approval shall also be required for any application for an existing building (commercial or industrial use) to increase the rated occupancy load by a factor in excess of 10% beyond the occupancy load as determined at the time of initial site plan approval.

[Amended 4-2-1992 by Ord. No. 14-92]

(2) Site plan approval shall not be required for any detached one- or two-dwelling unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Borough ordinances.

(3) The reviewing board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

(4) The site plan shall be filed in accordance with Chapter 191 of the Code of the Borough of Hopatcong, Site Plan Review. The approval provisions shall be administered by the Borough of Hopatcong Planning Board and, where permitted by statute, by the Zoning Board of Adjustment in accordance with all applicable provisions of N.J.S.A. 40:55D-1 et seq.

B. Subdivision approval.

(1) Any owner of land within the Borough of Hopatcong shall, prior to subdividing or resubdividing land as defined in this chapter and before conveying legal or equitable title to such subdivision or any part thereof, apply to the Planning Board for review and approval of the subdivision plat pursuant to the provisions of this chapter.

(2) The subdivision application shall be filed in accordance with Chapter 209, Subdivision of Land, of the Code of the Borough of Hopatcong.