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.
(4)
Professional offices in residential zone in a single-family detached dwelling in accordance with § 242-32.
(5)
Private swimming pools.
(6)
Fences.
(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:
D.
Requirements. Area, yard and building requirements
shall be as follows:
(1)
Minimum lot size: 15,000 square 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]
[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:
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
|
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.
(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.
D.
Requirements. Area, yard and building requirements
shall be as follows:
(1)
Minimum lot size: 60,000 square 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.
(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]
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]
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:
(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%.
(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:
(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:
(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.
A.
Permitted principal uses. The following shall be permitted
uses in all R-3 Zones and Districts:
(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.
(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.
(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.
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]
(3)
Minimum lot depth: 300 feet.
(4)
Minimum front yard setback: 75 feet.
(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.
(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]
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.
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.
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)
(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.
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.
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.
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.
(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.
(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.
(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.
(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.
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]
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:
(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:
[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:
(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:
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%.
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.
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.
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.
D.
Requirements. Area, yard and building requirements
shall be as follows:
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:
(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.
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.
(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:
(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
|
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.
(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]
[Added 5-21-2014 by Ord. No. 10-2014]
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]
(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.
(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.
(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.
(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.
(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.
(f)
Parking requirements:
(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.
(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.
[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.
[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.
(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.
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:
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.
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.
