Hopatcong City Zoning Code
ARTICLE III
Establishment of Zones; Provisions for Critical Areas
§ 242-6 Enumeration of zones.
A.
For the purposes of this chapter, the Borough of Hopatcong is divided into the following zones:
[Amended 2-4-2009 by Ord. No. 1-2009]
R-1 | Single-Family Residence Zone, with lots of 15,000 square feet | |
R-1A | Multifamily Residence Zone | |
R-2 | Single-Family Residence Zone, with lots of 60,000 square feet | |
R-2T | Single-Family Residence, with lots of 60,000 square feet, and Townhouse Zone | |
R-3 | Single-Family Residence Zone, with lots of three acres | |
RPD | Residential Planned Development Zone | |
MPD | Multiple Purpose Development Zone | |
B-1 | Retail Business Zone | |
B-2 | Highway Business Zone | |
B-3 | Business Commercial Zone | |
M-1 | Light Manufacturing Zone | |
M-2 | Light Manufacturing and Extraction Zone |
B.
Reference to each zone, as hereby established, may be made in this chapter by use of only the letters and numerals set before each zone designation without repetition of the words used for each zone designation.
§ 242-7 Zoning Map; soil maps.
A.
Zoning Map. The boundaries of the zones created by § 242-6 of this chapter are hereby established as shown on the map titled the "Zoning Map of the Borough of Hopatcong," as adopted on May 22, 1979, which accompanies and is made a part of this chapter. Said map is on file in the office of the Clerk of the Borough of Hopatcong and is available for inspection.
B.
Soil maps. The United States Department of Agriculture Soil Conservation Service Soil Survey Maps for Sussex County, Map Nos. 42, 43 and 45, dated August 1975, are hereby adopted as supplements to the Zoning Map of the Borough of Hopatcong for the purposes of indicating critical areas. Said maps are hereby adopted by reference and made a part of this chapter as fully as if entirely set forth herein. Copies of said maps are on file in the office of the Clerk of the Borough of Hopatcong and are available for inspection.
§ 242-8 Interpretation of boundaries.
Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:
A.
Zone boundary lines are intended to follow the center line of the streets, railroad rights-of-way, streams and lot or property lines as they exist on plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by dimensions as shown on the Zoning Map.
B.
Where such boundaries are not fixed by dimensions, where they approximately follow lot lines and where they do not fall more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
C.
In the event that a zone boundary line divides one or more lots, other than as provided in Subsection B above, then all area, bulk, yard, buffer and any other dimension requirements specified in this chapter for that particular zone shall be met only within that zone.
D.
Where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
E.
In case of uncertainty as to the true location of a district boundary line in a particular instance, the determination thereof shall be made by the Zoning Officer, with the assistance, if necessary in his judgment, of the Borough Engineer. An appeal may be taken to the Zoning Board of Adjustment.
§ 242-9 Schedule of area, yard and building requirements.
The schedule of regulations titled "Schedule of Area, Yard and Building Requirements, Zoning Ordinance of the Borough of Hopatcong, Sussex County, New Jersey," and attached hereto, applying to the uses of land and buildings as indicated for the various zones established by this chapter is hereby declared to be part of this chapter.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
§ 242-10 Critical areas.
Land or water falling in the following classifications are to be considered as critical areas:
A.
Flood hazard area. The stream channel and the relatively flat area adjoining the channel of a natural stream which has been inundated or covered by floodwater, including, but without limitation, all areas composed of soils designated as having severe flood hazard potential as shown on the soil maps. Such soils are designated as Whitman stony loam (Wo), Carlisle soils (Ca) and swamp soils (Sp).
B.
Wet area. Marsh and swampland saturated with water, including, but without limitation, all areas designated as "Wetland" on the maps prepared by the United States Fish and Wildlife Service, Dover, New Jersey, and Stanhope, New Jersey, quadrangles and titled "National Wetlands Inventory," all areas composed of soils having a seasonal high water table at the surface or any other area characterized by wet or saturated soils or otherwise known as "swamplands," "marshlands" or "wetlands." Soils designated in the soil maps as Whitman stony loam (Wo), Carlisle soils (Ca), swamp soils (Sp), Preakness sandy loam (Pn), Hibernia gravelly loam (Hmb) and Hibernia very stony loam (Hmb) shall be considered as a wet area.
[Amended 6-2-1988 by Ord. No. 22-88]
C.
Critical slope area. Any slope having a grade of 25% or more, identified as "E" and "F" slopes on the soil maps. Such slopes include, but without limitation, soils designated as Rockaway very stony loam (RpE) and Rockaway steep outcrop (RvE).
D.
Steep slope area. Any slope having a grade of 15% to 25%, identified as "D" slopes on the soil maps. Such slopes include, but without limitation, soils designated as Hibernia very stony loam (HnD), Rockaway very stony loam (RpD) and Rockaway outcrop (RrD).
E.
Stream area. Any body of continuously or intermittently flowing water, whether designated as a stream, brook, river or otherwise, and consisting of a bed and banks. The stream critical area includes all lands within 50 feet of either side of the bank of said stream, brook, river, etc.
[Amended 6-2-1988 by Ord. No. 22-88]
F.
Lake area. Any nonflowing body of water with a mean depth of five feet or greater and a surface area greater than five acres, whether designated as a pond, lake or reservoir. The lake critical area includes all lands within 50 feet of the permanent shoreline of said lake, pond or reservoir. For purposes of Lake Hopatcong, the shorelines shall be the bulkhead line as defined in this chapter.[1]
[Amended 6-2-1988 by Ord. No. 22-88]
[1]
Editor's Note: Former Subsection G, Shallow soils area, added 6-2-1988 by Ord. No. 22-88, and Subsection H, Seasonal high water table areas, added 6-2-1988 by Ord. No. 22-88 and amended 12-1-1988 by Ord. No. 30-88, both of which followed this subsection, were repealed 12-7-1995 by Ord. No. 32-95.
§ 242-11 Regulations for critical areas.
[Amended 6-2-1988 by Ord. No. 22-88]
A.
Regulations for flood hazard areas. Notwithstanding any other provision of this chapter, no building, on-lot sewage disposal facility or parking lot shall be erected or constructed, either above or below ground level within any flood hazard area in the Borough of Hopatcong. Nothing herein contained, however, shall be construed to prohibit the use of any flood hazard area for farming, grazing, plant nurseries, horticulture, truck farming, forestry, wild crop harvesting or open recreation uses such as parks, playgrounds, golf courses, picnic areas, hunting, fishing or the like, provided that such use is permitted in the zone in which the premises is located.
B.
Regulations for wet areas. The extent of municipal regulation of wet areas is dependent upon whether or not the wet area and proposed activity falls within the jurisdiction of the New Jersey Department of Environmental Protection (NJDEP) pursuant to the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq. The NJDEP has exclusive control over regulated activities within freshwater wetlands as defined in the Act.
(1)
Initial municipal review.
(a)
The Zoning Officer or reviewing board shall, upon receipt of an application for development, initially determine whether or not all or part of each application falls within a wet area as defined in this chapter. If an affirmative determination is made, the applicant shall be instructed, in writing, to submit to the NJDEP a request for a freshwater wetlands letter of interpretation pursuant to N.J.A.C. 7:7A-7 et seq. No such application for development shall be deemed complete unless and until a response from the NJDEP is received. Except as provided in Subsection B(2) below, the regulation of activities within such wetlands area shall be within the exclusive jurisdiction of NJDEP. Nothing contained herein shall, however, be construed so as to limit the power of the Borough or its agencies to submit comments upon such applications or request for a letter of interpretation.
[Amended 12-1-1988 by Ord. No. 30-88]
(b)
In lieu of the above, any applicant who acknowledges the need for a NJDEP freshwater wetlands permit may waive the initial municipal determination and NJDEP letter of interpretation and submit a direct application to NJDEP for a freshwater wetlands permit
[Amended 12-1-1988 by Ord. No. 30-88]
(c)
If NJDEP determines that a permit is necessary, no application for development shall be considered complete for the purpose of Borough review until such time as said permit is obtained. Nothing contained herein shall limit the authority of the reviewing board to conduct a conceptual review of any development application during the pendency of NJDEP review.
(d)
If the NJDEP determines that a freshwater wetlands permit is not necessary, then the applicant shall be subject to the provisions of Subsection B(2)(b)[1] below.
(2)
Other wet area requirements.
[Amended 6-15-1989 by Ord. No. 29-89]
(a)
Wetlands under United States Army Corp. of Engineers jurisdiction.[1]
[1]
The reviewing board may require any applicant who has wet areas under the jurisdiction of the United States Army Corp. of Engineers to submit, as part of a complete application, proof of the issuance of a valid United States Army Corp. of Engineers permit. Further, the reviewing board may require said applicant to obtain an NJDEP letter of exemption proving that said application is under the United States Army Corp. of Engineer jurisdiction.
[2]
The reviewing board may require, as a condition of any and all approvals, a transition zone or buffer zone of up to 50 feet from the boundary of each freshwater wetland under United States Army Corp. of Engineers jurisdiction. The reviewing board may, in its discretion, prohibit any and all activities within said transition zone and/or within the wetland area.
[1]
Editor's Note: Former Subsection B(2)(a), Buffer zones for wetlands under NJDEP jurisdiction, was repealed 12-7-1995 by Ord. No. 32-95.
(b)
Other wet areas not under NJDEP or United States Army Corp. of Engineers jurisdiction. Notwithstanding any other provision of this chapter, no building, on-lot sewage disposal facility or parking lot shall be erected or constructed, either above or below ground level, within any wet area in the Borough of Hopatcong. Nothing herein, however, shall be construed as to prohibit the use of any wet area for farming, grazing, plant nurseries, horticulture, truck farming, forestry, wild crop harvesting or open recreation areas such as parks, playgrounds, picnic areas, hunting, fishing or the like, provided that the same is permitted in the zone in which the premises are located. The reviewing board, in its sole and absolute discretion, may require, as a condition of any and all approvals, a transition zone or buffer area of 50 feet from the boundary of said wet area. The reviewing board may, in its discretion, prohibit any and all activities within said transition zone.[2]
[2]
Editor's Note: Former Subsection B(3), Wet areas not within NJDEP jurisdiction, which immediately followed this subsection, was repealed 6-15-1989 by Ord. No. 29-89.
C.
Regulations for critical and steep slope areas. Any of the following uses are permitted on any critical or steep slope area, provided that no building or structure, including swimming pools, vehicular facilities, including roads, drives and parking areas, on-lot sewage disposal facilities and/or substantial nonagricultural displacement of soil, is permitted within the critical area as herein defined, and provided that any such use is permitted in the zone in which the premises are located:
(1)
Wildlife sanctuaries, woodland preserves, arboretums and open spaces.
(2)
Game farms and hunting preserves.
(3)
Reforestation in accordance with recognized conservation practices.
(4)
Recreation uses, such as parks, picnic groves, golf courses and hunting clubs.
(5)
Utility transmission lines.
(6)
Accessory uses customarily incidental to any of the foregoing permitted uses, but excluding building, vehicular facilities, on-lot sewage disposal facilities and/or nonagricultural displacement of soil.[3]
[3]
Editor's Note: Former Subsection C(2), pertaining to adjustment factors for permitted uses in relation to steep or critical slopes, as amended 12-20-1988 by Ord. No. 33-88, and Subsection D, Regulations for shallow soil areas or seasonal high water table areas, both of which followed this subsection, were repealed 12-7-1995 by Ord. No. 32-95.
D.
Regulations for lake critical areas. Notwithstanding any other provision of this chapter, no building or structure shall be erected or constructed, either above or below ground level, within 50 feet of the edge of any pond or lake. Nothing herein contained, however, shall be construed to prohibit the construction and maintenance of dams or other structures for the impoundment or retention of water in any such stream, pond or lake or of dug ponds or reservoirs, provided that all applicable requirements and approvals of any public authority having jurisdiction over such matters are met and obtained. The following shall be permitted uses or activities in lake critical areas, provided that they do not disturb the natural and indigenous character of the areas:
[Added 12-1-1988 by Ord. No. 30-88]
(1)
Conservation of soil, vegetation, water, fish and wildlife.
(2)
Fishing, swimming, boating, water-skiing and hunting.
(3)
Trails for nonmotorized use.
(4)
Grazing.
(5)
Dispersal areas for surface water.
(6)
Dock, pier, boathouse and marina construction in accordance with other provisions of all Borough ordinances.
§ 242-12 Exceptions and variances for critical slopes.
[Amended 6-2-1988 by Ord. No. 22-88; 12-1-1988 by Ord. No. 30-88; 12-7-1995 by Ord. No. 32-95; 6-20-2007 by Ord. No. 11-2007]
A.
Purpose. According to the Soil Conservation Service, United States Department of Agriculture, soils with a slope of 15% or greater invariably involve severe limitations to development, including but not limited to building and road construction and septic effluent disposal. It is found that the removal of vegetation and disturbance of soils in steep slopes by excavation and fill will increase runoff and result in soil erosion and siltation. The resulting pollution of streams and potential danger of flooding and water drainage creates the potential of endangering property and life. The disturbance, construction and development of these slopes create an additional hazard to the lives and property of those dwelling on the slopes and below them. Accordingly, it has been determined that a major objective of Hopatcong Borough's zoning regulations should be the protection of areas of steep slope.
B.
Disturbance threshold.
(1)
For planting purposes only, the steepest acceptable slope is 1.5 horizontal to 1.0 vertical.
(2)
Disturbances of steep and critical slopes of more than 2,500 square feet are prohibited.
(3)
Disturbances of steep and critical slopes which are greater than 10% of the lot area but less than 2,500 square feet are prohibited unless a lot grading plan is submitted and approved by the Borough Engineer and/or Borough Planner. The Borough Engineer may waive, in writing, the requirement for a lot grading plan if the Engineer determines that the proposed disturbance would not significantly change stormwater runoff from the property and would not negatively impact neighboring property or critical areas.
(4)
There shall be no change in the existing grade that raises the elevation of the lot within five feet of a property line unless approved in writing by the Borough Engineer.
C.
Compliance with SESC standards. Disturbances of land having grades less than 15% shall be stabilized in accordance with New Jersey's soil erosion and sediment control standards. Restoration of slopes greater than 15% shall be stabilized with erosion control matting or equal measures which are specifically designed by the manufacturer for the intended slope and conform to New Jersey's soil erosion and sediment control standards.
D.
Restoration. For restoration of slopes greater than 15%, any tree removed with a caliper greater than six inches must be replaced with two trees having minimum calipers of two inches or equivalent. A landscaping plan must be approved by the Borough Planner or Borough Engineer if an alternative stabilization method is proposed.
E.
Variances.
(1)
Application. Proposed disturbances not in compliance with this section shall require a C variance from the Zoning Board of Adjustment. Where applicable, in accordance with N.J.S.A. 40:55D-1 et seq., the Planning Board may act in place of the Zoning Board of Adjustment. In considering a variance application under this subsection, the Board:
(a)
Shall require a landscaping plan;
(b)
Shall request a report from the Borough Engineer;
(c)
May request an environmental impact study or modified form following the format given in § 191-23; and
(d)
May request comment from the Environmental Commission and/or the Board of Health for recommendations. Such recommendations shall be made within 30 days after receipt of the referral.
(2)
Conditions on development. In considering an application for development within a steep or critical area, the Board shall place such conditions on the development as may be necessary to ensure that the development is designed in such a way as to minimize the impact of the development on the steep or critical area and on the public health, safety and welfare of the Borough. Such conditions include but are not limited to:
(a)
Prohibiting development in all or parts of the critical area;
(b)
Requiring deed restrictions governing uses of the critical areas of the property;
(c)
Limiting tree or vegetation removal in the critical area;
(d)
Limiting the size of the structure or the amount of disturbed area;
(e)
Requiring specific erosion or stormwater quantity or quality controls; and/or
(f)
Requiring other on- or off-site improvements.
(3)
Other approvals. Where applications for development involve the need for other local, state, county, regional or federal permits, the Board may condition any action upon the receipt of such other approvals.
F.
Misclassification. Where an applicant demonstrates through topographic maps or soil tests, whichever is applicable, and such proof is confirmed through on-site inspection and written approval by the Borough Engineer that a property is misclassified and is not in a critical area, then the Zoning Officer may grant an exception and proceed to process a construction application. Said information or proof shall show that the disturbed area on the lot does not contain any land classified as a critical area.