Single-family detached dwellings.

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

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

Home gardening.

Signs in accordance with § 242-29, Signs.

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

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

Private swimming pools.

Fences.

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

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.

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:

Public utility installation.

Hospitals.

Churches or places of worship and religious instruction.

Country clubs and community centers.

Outdoor recreation facilities.

Minimum lot size: 15,000 square feet.

Minimum lot width.

Minimum lot depth: 100 feet.

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.

Minimum side yard setback.

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.

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

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.

Maximum building footprint coverage: 15%.

Maximum building footprint coverage: 20%.

Maximum lot coverage: 35%.

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

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

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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

Single-family detached dwellings.

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

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

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

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

Signs in accordance with § 242-29.

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

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

Private swimming pools.

Fences.

Private garages.

Home gardening.

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.

Public utility installations.[1]

Hospitals.

Churches or places of worship and religious instruction.

Country clubs and community centers.

Outdoor recreation facilities.

Minimum lot size: 60,000 square feet.

Minimum lot width.

Minimum lot depth: 150 feet.

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

Minimum side yard setback.

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.

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

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.

Maximum building footprint coverage: 15%.

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

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

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

All uses permitted in R-2 Zones.

Townhouses in accordance with Subsection C of this section.

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

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.

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%.

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

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.

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

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.

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.

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

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Permitted accessory uses. The following are permitted accessory uses:

There are no conditional uses.

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.

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

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

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

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

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

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.

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

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Permitted accessory uses. The following are permitted accessory uses:

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

Single-family detached dwellings.

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

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

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

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.

Signs in accordance with § 242-29.

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

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

Private swimming pools.

Fences.

Private garages.

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

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.

Public utility installations.[1]

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

Hospitals.

Churches or places of worship and religious instruction.

Country clubs, community centers and recreation facilities.

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

Minimum lot width.

Minimum lot depth: 300 feet.

Minimum front yard setback: 75 feet.

Minimum side yard setback.

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.

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

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]

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

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.

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

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

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

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

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

Preserve desirable natural features and tree cover.

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.

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

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

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

Required principal use.

Permitted accessory uses.

Conditional uses: none.

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

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

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

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

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

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

Principal uses permitted in R-3 Zones.

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

Senior citizen housing.

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

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

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:

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:

Design standards for permitted uses other than institutionalized care.

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:

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:

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.

Deed restrictions.

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.

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.

Submission of a general development plan meeting the following requirements:

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.

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.

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.

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]

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

Wireless telecommunications towers and antennas.

Stores for the retail sale of goods, such as:

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

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.

Marinas, boat repair, rental yard or storage facilities.

Municipal buildings, parks and playgrounds.

Signs in accordance with § 242-29.

Fences.

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

Public utility installations and public utility garages.

Public garages and gasoline stations.

Philanthropic and eleemosynary uses.

Minimum lot size.

Minimum lot width.

Minimum lot depth: 100 feet.

Minimum front yard setback: 25 feet.

Minimum side yard setback.

Minimum rear yard setback.

Maximum building height.

Maximum lot coverage: 65%.

Stores for the retail sale of goods, such as:

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

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.

Municipal buildings, parks and playgrounds.

Signs in accordance with § 242-29.

Fences.

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

Philanthropic and eleemosynary uses.

Minimum lot size: 20,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 150 feet.

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

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

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

Maximum building height: 35 feet.

Maximum lot coverage: 65%.

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

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

Funeral homes.

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.

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

Public utility installations and public utility garages.

Public garages and gas stations.

Motels and hotels.

Philanthropic and eleemosynary uses.

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

Schools for profit.

Animal hospitals.

Minimum lot size.

Minimum lot width.

Minimum lot depth: 100 feet.

Minimum front yard setback: 50 feet

Minimum side yard setback.

Minimum rear yard setback.

Maximum building height.

Maximum lot coverage: 65%.

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.

Office buildings for executive or administrative purposes.

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

Public utility installations and public utility garages.

Public garages and gasoline stations.

Motels and hotels.

Philanthropic and eleemosynary uses.

Animal hospitals.

Minimum lot size: five acres.

Minimum lot width: 300 feet.

Minimum lot depth: 250 feet.

Minimum front yard setback: 100 feet.

Minimum side yard setback.

Minimum rear yard setback.

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

Maximum lot coverage: 35%.

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.

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.

Administrative and general offices where no manufacturing is performed.

Federal, state, county and municipal buildings and grounds.

Warehouses and distribution centers.

Bus storage.

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.

Wireless telecommunications towers and antennas.

Public garages.

Signs in accordance with § 242-29.

Fences.

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

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.

Public utility installations and public utility garages.

Animal hospitals and kennels.

Minimum lot size: two acres.

Minimum lot width: 200 feet.

Minimum lot depth: 200 feet.

Minimum front yard setback: 70 feet.

Minimum side yard setback for principal and accessory buildings:

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.

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.

Maximum lot coverage: 40%.

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

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.

Residential uses.

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.

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.

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.

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.

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.

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.

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.

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

Quarrying and quarry uses.

Wireless telecommunications towers and antennas.

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

Public utility installations and public utility garages.

Animal hospitals and kennels.

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.

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.

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.

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.

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.

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.

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

Minimization of dust conditions.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

Parking: Block 30706, Lot 1; Block 30705, Lot 1.

Mixed-Use 1 District.

Mixed-Use 2 District.

Mixed-Use 3 District.

Residential District.

Waterfront District.

Parking District.

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

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]

Undeveloped open space.

Recreational facilities.

Public buildings, public schools and school grounds.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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