Lopatcong Township City Zoning Code
ARTICLE XIII
General Regulations
§ 243-60 Nonconforming uses, structures and lots.
A.
Continuance. Except as otherwise provided herein, lawful structures or lawful uses existing on the effective date of this chapter or a subsequent amendment thereto may be continued even though such structure or use does not comply with the regulations specified by this chapter or the amendment thereto for the zone in which such structure or use is located; provided, however, that:
(1)
A nonconforming structure shall not be altered unless such alteration would tend to reduce the degree of nonconformance, except a lot having a principal use of a single- or two-family residential dwelling, which is lawfully preexisting and nonconforming as to yard setback requirements, may be enlarged or expanded without variance relief so long as such enlargement or expansion does not increase, in size or intensity, the nonconforming condition, and the enlargement or expansion otherwise complies with other applicable zoning regulations.
[Amended 5-1-2024 by Ord. No. 2024-07]
(2)
A nonconforming use shall not be expanded or changed to another nonconforming use.
(3)
A conforming use shall not be added to a lot or tract on which is situated a valid prior nonconforming use without discontinuance of such valid nonconforming use.
B.
Abandonment. A nonconforming use that has been abandoned shall not thereafter be reinstated. A nonconforming use shall be adjudged to have been abandoned:
(1)
When it is changed to a conforming use.
(2)
In cases where such nonconforming use is of a building or structure designed for such use when it has been voluntarily discontinued for a period of 24 consecutive months.
(3)
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of 12 consecutive months.
C.
Restoration. If a nonconforming structure or use is partially destroyed, by any cause whatsoever, to an extent of 50% or more, it shall not be rebuilt or reestablished except in conformity with the regulations of the zone in which it is located. For purposes of determining extent of destruction, basements and cellars shall be excluded.
D.
Waiver. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspector or other competent legal authority having jurisdiction. A nonconforming structure may be repaired or refurbished but not enlarged or extended.
E.
Unlawful uses. No unlawful structure or unlawful use of a building or structure, lot or land existing at the effective date of this chapter shall be deemed to be a nonconforming structure or use.
§ 243-61 Preservation of natural features.
A.
Existing or natural features, such as trees, brooks, drainage channels, forested areas, areas that contribute to high rates of groundwater recharge, highly permeable soils and views, shall be retained. Whenever such features interfere with the proposed use of such property, retention of the maximum amount of such features consistent with the use of the property shall be required.
[Amended 3-1-2006 by Ord. No. 2006-4]
B.
Streams and streambeds. No structure shall be built on a lot any side of which fronts on a natural watercourse unless a permit or certificate of exemption has been issued by the New Jersey Department of Environmental Protection or its successor agency as required by the New Jersey Flood Hazard Area Control Act (N.J.S.A. 48:16A-50 et seq.) and the Flood Hazard Area Regulations (N.J.A.C. 7:13-1 et seq.).
[Amended 2-19-1992 by Ord. No. 1992-02]
C.
Topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for other than reuse on the same lot.
§ 243-62 Buffer strips, screening and planting.
A.
Buffer strips. Wherever a buffer strip has been specified by this chapter or as may be required by the Board, such buffer strip shall be of the width so specified or required and shall:
(1)
Be landscaped by the planting of grass and/or ground cover, shrubs and trees. Two shrubs and one tree shall be provided for each 500 square feet of area, or fraction thereof, of the buffer strip. If the buffer strip is naturally wooded in its entire width, it shall remain in its natural condition to the fullest extent possible in place of the required shrubs and trees.
(2)
Not contain parking areas or driveways, unless specifically permitted elsewhere in this chapter, or other accessory structures or other uses except for stormwater management or passive recreational purposes.
[Amended 3-1-2006 by Ord. No. 2006-4]
B.
Screening. Wherever screening has been specified by this chapter or as may be required by the Board, such screening, unless otherwise required, shall extend to the lesser of the required minimum front yard setbacks of the lots to be screened and shall, as a minimum, consist of dense hedges or deciduous trees and at least 50% evergreen shrubbery, planted at 30 inches on center in a single row or at five feet on center in each of two staggered rows, provided that if all evergreens are used, they may be planted at five feet on center in a single row or at 10 feet on center in each of two staggered rows. Plants shall be a minimum of four to six feet tall at the time of planting or, if the Board so approves, the following shall be allowed:
(1)
A solid fence of a naturally durable material, such as cedar, cypress or redwood, not less than five feet tall and open to the ground not more than four inches above ground level; or
(2)
A landscaped earth berm supplemented with landscaping if necessary to provide a minimum five-foot-high screen.
C.
Landscaping.
[Amended 3-1-2006 by Ord. No. 2006-4]
(1)
All areas of any lot not occupied by buildings, pavement or other surfacing or otherwise improved or used in accordance with an approved site plan or subdivision shall be landscaped by the planting of grass and/or ground cover, shrubs and trees. As a minimum, one tree shall be provided or remain existing for each 5,000 square feet of area or fraction thereof to which this requirement applies. The placement of the plant material shall be appropriate to enhancement of the property. Continuous maintenance shall be practiced on all such areas.
(2)
Plants used for landscaping buffer strips, screening and other landscaping required by this section shall be native varieties that are appropriate for the given soil conditions, hydrology and geology unless it can be demonstrated that non-native plants would be more appropriate. The foregoing notwithstanding, native plants shall comprise a minimum of 80% of all plants used to landscape these areas.
§ 243-63 Restrictions and modifications of lot and yard uses.
B.
Provision of yard space. No yard or other open space provided about any structure for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other structure.
C.
Required areas on lot to be in zone where required. All yards, open space, off-street parking areas and required buffer strips must be contained within the zone in which the use to be served thereby is permitted.
D.
Street frontage required. Primary structures shall be built only upon lots having frontage upon a street improved to meet the Township's requirements.
E.
Yards affected by Master Plan or Official Map. Where a lot has frontage on a street which the Master Plan or the Official Map of the Township indicates is proposed for right-of-way widening, the required yard area shall be measured from the proposed street line.
F.
Yards affected by building line ordinance. Where a lot has frontage on a street for which the Township has imposed a building line ordinance requiring a greater setback than the minimum front yard depth or than the minimum side yard width on the side street frontage of a corner lot, each as required by this chapter, the provisions of such building line ordinance shall govern.
G.
Front yard modifications. In any residential zone, in lieu of the minimum front yard depths required by this chapter, when 25% of the block frontage within 200 feet of a proposed building is already improved with buildings, the front yard depth at the front of a proposed building:
(1)
Shall conform to the average alignment of the two nearest buildings within such 200 feet in cases where such average alignment exceeds the minimum front yard depth required in the zone within which such proposed building is situated; provided, however, that in no case shall the depth of such front yard be required to exceed such minimum depth by more than 10 feet.
(2)
May conform to the average alignment of the two nearest buildings within such 200 feet in cases where such average alignment is less than the minimum front yard depth required in the zone within which such proposed building is situated; provided, however, that in no case shall such front yard have a depth of less than 30 feet.
H.
Corner lots and through lots. Where a lot has frontage on two intersecting streets or where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
(1)
Detached accessory buildings shall be located to the rear of the front building line of the primary building and shall conform to the side and rear yard requirements of this chapter for the zone as applicable.
(2)
No private garage or other accessory building in any zone, if detached, shall be placed within 10 feet of the main building.
I.
Attached garages. Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that when so constructed, the garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this chapter.
J.
Open and unobstructed yards.
(2)
Every part of a required yard shall be open to the sky unobstructed except for accessory buildings and structures, including fences and walls; and except for the ordinary projection of sills and belt courses and except for ornamental features projecting not more than four inches and cornices and eaves not projecting more than two feet.
[Amended 12-27-2001 by Ord. No. 2001-42]
K.
Parking or storage in front yards. The parking or storage of trailers; boats; vehicles, except passenger cars; or other equipment in a required front yard is prohibited unless otherwise required or permitted by the off-street parking regulations of this chapter.
L.
Display of goods for sale in yards. The display of goods for sale or the location of coin-operated vending machines of any type in a manner which would infringe upon the required yard areas specified in this chapter is prohibited.
M.
Commercial vehicles parked in residence zones. No commercial vehicle shall be parked out of doors overnight or on Sunday in any residential zone. Not more than one commercial vehicle may be on a lot in a residential zone. No display vehicles for commercial purposes shall be parked in any residential district.
N.
Corner clearance. On a corner lot, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected which would obstruct the view, to a height in excess of one foot, and no vehicle, object or any other obstruction of a height in excess of one foot shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of one foot, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level shall be permitted. Such triangular area shall be determined by the intersection of street curblines and a diagonal connecting two points, one on each street center line. The point on the major (through) street curbline shall be in accordance with the table below from the near side minor (stop) street curbline, and the point on the minor street curbline shall be 30 feet from the near side major street curbline.
Major Street Distance Design | |
|---|---|
Speed (miles per hour) | Distance (feet) |
30 or less | 200 |
40 | 275 |
50 | 350 |
§ 243-64 Height restrictions and exceptions.
A.
Height of accessory buildings and structures. No accessory building or structure shall exceed a height of 20 feet except as follows:
[Amended 4-2-2008 by Ord. No. 2008-02; 11-2-2011 by Ord. No. 2011-15; 3-7-2012 by Ord. No. 2012-04]
(1)
On a farm, the height limitation for accessory buildings and structures shall be the same as for the principal building.
(2)
On properties in the ROM District south of the Norfolk Southern Railroad right-of-way, a forty-foot height limitation applies for buildings and structures accessory to the permitted principal building on the property.
B.
Flagpoles. A flagpole may be located within any zoning district provided it conforms to the side and rear yards for an accessory structure in the applicable zone. A flagpole may be located in a front yard provided that the pole shall be set back a minimum of 20 feet from a street line. Each lot shall be permitted a maximum of three flagpoles except that a lot within a residential district shall contain no more than one flagpole. Flagpoles shall not exceed 30 feet in height. No flagpole shall display business or advertising signage.
[Added 12-30-2002 by Ord. No. 2002-27]
§ 243-64.1 Fences and walls.
[Added 6-17-1992 by Ord. No. 1992-09; amended 12-1-1993 by Ord. No. 1993-19; 2-2-1994 by Ord. No. 1994-01; 12-27-2001 by Ord. No. 2001-42]
A.
Administration.
(1)
A building permit is required to construct, erect, enlarge or alter any fence or wall in excess of three feet or any type of fence to enclose a swimming pool pursuant to the New Jersey Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Application shall be made in writing and include the following information:
(a)
The name and address of the owner of the premises where the fence or wall is to be erected.
(b)
A description and specifications of the fence or wall, including size, height, materials, and size and percentage of openings.
(c)
A sketch or plan of the fence, which shall show abutting streets, distance to the nearest intersection, and the location of structures within 20 feet of the proposed fence or wall.
(d)
For fences to be located at or near the property line, either a written agreement from the adjoining property owner as to the location of the fence or identification of the property line in the field by a licensed surveyor.
(3)
Open wire fences within publicly owned parks, playgrounds, or school premises are exempted from the requirements of this section.
(4)
Retaining wall construction is governed by standards and requirements in other articles of the Code.
B.
Location and height.
(1)
Fences and walls shall not be governed by setback requirements for accessory structures.
(2)
No wall over two feet high or solid fence (defined as having less than 50% of the fencing material open) shall be erected within the required front yard in any district.
(3)
All pools shall be fenced in accordance with the regulations for pool fencing in the New Jersey Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Fences and walls in residential districts.
(a)
Open fences (defined as having more than 50% of the fencing material open) not exceeding four feet in height may be erected within the front yard area in a residential district, provided they do not encroach on the corner clearance requirements of § 243-63N or any sight lines required by § 105-4D for driveways either on the property or immediately adjacent to it.
(b)
Open or solid fences not exceeding six feet in height and walls not exceeding four feet in height may be erected in a required side or rear yard in a residential district. Walls over four feet shall only be allowed if the proposed construction and installation are reviewed and approved by the Township Engineer. However, where a residential use abuts a nonresidential use or zone, a fence may extend to eight feet in height.
(c)
Fences, walls and any support structures shall be located so as to not encroach on an adjoining property.
(5)
Fences and walls in nonresidential districts.
(a)
Open fences not exceeding four feet in height may be erected within the front yard area in a nonresidential district, provided they do not encroach on the corner clearance requirements of § 243-63N or any sight lines required by § 105-4D for driveways either on the property or immediately adjacent to it.
(b)
Open or solid fences not exceeding eight feet in height and walls not exceeding four feet in height may be erected in a required side or rear yard in a nonresidential district. Walls over four feet shall only be allowed if the proposed construction and installation are reviewed and approved by the Township Engineer.
(6)
Fences for agricultural purposes.
(a)
Open fences not exceeding six feet in height may be erected within the front yard area in any zone district, provided they are accessory to a commercial farm operation and do not encroach on the corner clearance requirements of § 243-63N or any sight lines required by § 105-4D for driveways either on the property or immediately adjacent to it. Such fences may be increased to eight feet in height if they are set back in excess of 25 feet from the front property line.
(b)
Open or solid fences not exceeding eight feet in height may be erected in a required side or rear yard in any zone district.
(7)
Fences for tennis courts. A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line by at least 25 feet or the distance required for accessory structures in the zoning district in which it is located, whichever is greater.
(8)
Fences for dog runs. A dog run or privacy area may have fencing a maximum of six feet in height, provided such area is located in rear yard areas only and is set back from any lot line by at least 15 feet or the distance required for accessory structures in the zoning district in which it is located, whichever is greater.
(9)
Fences, walls and retaining walls are not permitted to be installed within drainage or utility easements nor in flow paths outside of drainage easements such as swales that convey stormwater except that:
[Added 8-6-2003 by Ord. No. 2003-15]
(a)
Fences can be installed within drainage easements strictly for swales where there is no underground piping as long as the fencing is located at least six inches above the invert of the swale where the swale is crossed by a fence and the fencing is located at least five feet away from the swale center line where the fencing parallels the swale.
(b)
Fences can be installed within or adjacent to flow paths such as swales that are not situated within a defined right-of-way or drainage easement if the fencing is located at least six inches above the invert of a flow path where the flow path is crossed by a fence and the fencing is located at least three feet away from the center line of the flow path where the fencing parallels the flow path.
(c)
If a flow path such as a swale conflicts with the location of a proposed fence, wall or retaining wall, the flow path may be relocated with the approval of the Township Engineer. A plan depicting the relocation and compliance with the setback provisions in Subsection B(9)(b) above must be furnished to the Township Engineer for review and approval.
C.
Installation and maintenance.
(1)
All fences and walls shall be erected with the framework or supporting structure facing the inside of the lot, that is, with the finished side of the fence facing the exterior of the lot on which the fence is located.
(2)
All fences and walls shall be maintained in a safe, sound, upright condition.
(3)
All fences and walls must be erected within the property lines, and no fence or wall shall be erected so as to encroach onto a public right-of-way or public easement.
(4)
All fences and walls must be erected on a commercial farm operation as covered by regulations or standards adopted by the State Agricultural Development Committee, those standards shall also apply and, if different, shall take priority over local requirements.
(5)
The following fences and fencing materials are specifically prohibited in all zone districts: barbed wire or electric, except in conjunction with commercial farm operations, agricultural uses or livestock containment and installed in accordance with any standards provided or referenced by the State Agricultural Development Committee, canvas, cloth, expandable and collapsible fences.
§ 243-64.2 Outdoor bulk storage and outdoor display of merchandise.
[Added 12-3-2003 by Ord. No. 2003-19]
A.
Outdoor bulk storage. Outdoor bulk storage is defined as the stockpiling or warehousing of vehicles, merchandise, materials and machinery outside the enclosed confines of a building, including but not limited to sand, gravel, soil, asphalt, lumber, pipes, plumbing supplies, metal, concrete, insulation, construction equipment, construction vehicles, construction materials, storage trailers and containers. In zoning districts where outdoor bulk storage is permitted as an accessory use, the following requirements shall apply:
[Amended 7-6-2011 by Ord. No. 2011-07; 11-2-2011 by Ord. No. 2011-15]
(1)
Outdoor bulk storage is prohibited in the front yard setback except for nursery stock accessory to a garden center subject to the requirements contained in Subsection A(8) hereof. Outdoor bulk storage must be located in the rear or side of the principal building to which it is accessory. The approving board may grant variance relief with respect to this provision where it determines there will be no adverse visual impact, subject to the setback provisions of Subsection A(2) hereof.
(2)
Outdoor bulk storage shall meet the minimum rear and side yard setback standard for accessory structures for the zone in which the principal building is located subject to the standards set forth in Subsection A(3). A barrier such as curbing, fencing, or wooden or metal guardrail shall be installed along the storage setback line to prevent encroachment by the storage material. Under no circumstances shall any stored material leave the site by natural causes or forces such as wind or water.
(3)
Outdoor bulk storage shall not exceed a height of 14 feet above the underlying existing or proposed grade unless the minimum rear and side yard setback standard for accessory structures for the zone in which the principal building is located is increased by one foot for every foot of height above 14 feet. No outdoor bulk storage shall exceed a height of 25 feet.
(4)
Outdoor bulk storage shall be allowed only in conjunction with the principal or conditional use conducted on the property.
(5)
The area utilized for outdoor bulk storage shall be considered impervious surface and shall be included in calculating the total impervious surface or lot coverage, which shall not exceed the requirements established for the zone.
(6)
All outdoor bulk storage shall be buffered and screened from adjoining properties and streets by means of fencing and landscaping as required for each zoning district.
(7)
Outdoor bulk storage is prohibited in all residential zones except for those items customarily used in conjunction with and incidental to a residential use.
(8)
Outdoor storage of nursery stock, accessory to a garden center, which cannot ordinarily be accommodated indoors is permitted within the front yard setback subject to the following:
B.
Outdoor display of merchandise. In zoning districts where the outdoor display of merchandise is permitted as an accessory use, the following minimum requirements shall apply:
(1)
The displayed merchandise must be directly related to the principal use conducted on the property.
(2)
The displayed merchandise shall be located no closer than 15 feet to any property line and 25 feet to any street right-of-way and residential district.
(3)
The area devoted to such display shall be no greater than 200 square feet in total for the lot or tract.
(4)
The display area shall be separate and apart from any required sidewalk, off-street parking or loading area, or any public street or right-of-way and in no way obstruct any required emergency lane. Sidewalks shall not be reduced in effective width by the presence of merchandise below the standards established by the Code of Lopatcong Township.
(5)
The area shall be utilized for display of merchandise only during store hours, not to exceed 12 hours per day, and may not otherwise be used as a storage area.
(6)
Outdoor display of merchandise is prohibited in all residential zones.
§ 243-65 Regulations applicable to all zones.
A.
Cleanup requirements. No person shall permit uncut grass, weeds, brush, rubble, abandoned or scrap metal, machinery, building materials or outdoor storage of dismantled, unlicensed or junk motor vehicles in excess of one for one month on real property to exist. Said property shall be made to conform to abutting properties.
B.
Dumping. Dumping of refuse, waste material and other substances is prohibited in all zones in the Township except in areas as may be designated as a Township sanitary landfill by the governing body or except for the purpose of filling to established grades for which a permit must be obtained from the appropriate officials.
C.
Swimming pools. In-ground and other permanent swimming pools are considered to be structures and, as such, shall require a building permit and shall conform to the requirements of Chapter 207, Swimming Pools, Private.
D.
No facility for the processing, storage, transfer, disposal, burial or incineration of either solid waste or hazardous waste, as the same are defined in the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., shall be permitted anywhere in the Township of Lopatcong, except for such hazardous or solid waste as may be generated within the Township.
[Added 12-2-1998 by Ord. No. 98-32]
§ 243-65.1 Morris Canal Historic Preservation District.
[Added 5-2-2001 by Ord. No. 2001-12]
A.
Purpose. The preservation, protection and enhancement of the Morris Canal is necessary because:
(1)
The Morris Canal is recognized as a cultural resource of national importance by its inclusion on the State and National Registers of Historic Places.
(2)
The Morris Canal was of great significance locally to the social and economic development of Warren County as a whole and of the individual municipalities through which it passed and is so recognized by its inclusion in Warren County's Open Space Plan.
(3)
The Morris Canal has environmental importance as a drainageway, water retention basin and, in many cases, as a portion of valuable natural area watersheds.
B.
Zone designations. The definition of the Morris Canal corridor on the Municipal Zoning Map shall include:
(1)
The canal right-of-way levels, prism, basins, locks and inclined planes.
(2)
Adjacent features, sites and structures, such as boat yard, of primary importance to the operation of the canal.
(3)
In addition, areas of special sensitivity within the zone, including but not necessarily limited to special features, such as the inclined plane, locks and boat basins and yards, shall be designated.
C.
Prohibitions. The following shall be prohibited:
(1)
The indiscriminate dumping, filling and/or destruction within the zone of the canal prism, towpath, banks and other related physical features, both above and below ground.
(2)
The issuance of building permits within the canal zone that would negatively impact the extent of cultural resources and/or the function of the canal as a drainageway, retention basin or portion of a natural area watershed.
D.
Provisions for driveways, underground utilities, sanitary and stormwater sewers, streets, etc. The crossing of and excavation within the canal zone for any of the above-mentioned purposes is to be allowed only when there is no feasible and prudent alternative and when such action is clearly in the public interest. Provisions in these circumstances are to include:
(1)
For utilities and sewers, work is to be done in such a manner as to minimize the disturbance and/or destruction of significant features, both above and below ground, and any such features disturbed and/or destroyed in such work are to be restored to their preexisting condition as closely as is feasibly possible.
§ 243-65.2 Ridgeline Protection Area.
[Added 2-5-2003 by Ord. No. 2003-3]
A.
Purpose. The purpose of this section is to provide special development controls for lands associated with ridgelines that have been identified as unique natural and cultural resources of Lopatcong Township. These ridgeline areas have been placed in a ridgeline protection area in order:
(1)
To preserve the topographic features and wooded character of the ridgeline areas in essentially their natural state.
(2)
To preserve the scenic views both from and of these visually dominating ridgelines.
(3)
To retain the natural character of the area by minimizing the loss of natural vegetation and tree cover.
(4)
To encourage construction practices which minimize disturbances of the natural topography and discourage grading activities, which cause extensive cuts and fills.
(5)
To prevent the loss of soil and encourage management practices that minimizes the concentration of stormwater runoff and maximizes its recharge into the groundwater reserves of the Township.
B.
Impacts of construction on ridgelines. These controls are provided in recognition of the potential negative impacts of construction within ridgeline areas that could result in the destruction of these unique landforms and their scenic and cultural ties to the community. Applicants for development of property that includes a ridgeline area are encouraged to locate their proposed site improvements (roads, structures, buildings) on areas of the tract that are not in a ridgeline protection area.
C. RIDGELINE RIDGELINE PROTECTION AREA
Definitions. The following definitions shall apply for the purposes of this section.
A topographic feature consisting of a linear series of crests that can be connected in a series by drawing an imaginary line connecting the highest points of topographic relief within an area.
Includes those ridgelines depicted on a map entitled "Lopatcong Township Ridgelines."[1] The protection area shall extend outward from the ridgeline a minimum of 100 feet in all directions or to an imaginary line formed by connecting the uppermost contour line of adjacent 25% or greater slopes that are located closest to the ridgeline, whichever is the greater distance from the ridgeline. If the area is not fully enclosed by slopes of 25% of greater slopes, then the Ridgeline Protection Area boundary line shall be drawn approximately parallel to the ridgeline but not less than 100 feet in width as measured from the ridgeline.
[1]
Editor's Note: Said map is on file in the Township offices.
D.
Applicability. The requirements, guidelines and controls promulgated under this section shall be applicable to site plan and subdivision applications and building permits for new construction. The Planning Board or Zoning Board of Adjustment shall review all plans submitted under this section as part of any application for site plan or subdivision approval. The Construction Official shall refer applications for building permits for new buildings to the Township Engineer for review to assure compliance with this section.
E.
Waiver of requirements. If, in the opinion of the Township Engineer, compliance with this § 243-65.2 cannot be accomplished, the Township Engineer shall refer the applicant to the Planning Board for review and approval of any waivers prior to site plan or subdivision approval, or the issuing of a construction permit by the Construction Official for an existing lot of record.
F.
Performance standards for ridgeline protection areas. The following performance standards shall be applicable to proposed development activities that occur in a ridgeline protection area.
(1)
Applicants shall determine whether a ridgeline and/or a ridgeline protection area as depicted on a map entitled "Lopatcong Township Ridgelines," dated June 2002, is on or within 100 feet of the property that is the subject of the application. Said map is intended as a guideline and is subject to further clarification by the Township Engineer for each property that may be affected.
(2)
The applicant shall depict all ridgelines and ridgeline protection areas as shown on said map that are on or within 100 feet of the applicant's property.
(3)
In addition to depicting all ridgelines as shown on the Township map that are on or within 100 feet of the aforesaid applicant's property, the applicant shall further depict any landform on its property meeting a definition of a ridgeline and ridgeline protection area as contained herein.
(4)
The applicant shall depict all ridgeline protection areas on the plans that accompany an application for the Board's approval. The location of the depicted ridgeline protection areas shall be subject to the review and approval of the Board Engineer.
G.
Prohibitions. There shall be no roads, driveways, buildings or other structures located within the ridgeline protection area except as provided for in § 243-48.1, Design standards for ridgeline protection areas.
H.
Compliance. Any property within the Township that contains a ridgeline protection area may be subdivided and developed in accordance with the area, lot, and bulk regulations for the applicable zoning district. If any disturbance is proposed within a ridgeline protection area, that construction shall comply with all design standards for ridgeline protection areas as contained in § 243-48.1
I.
Fees. There shall be a review fee of $250, in addition to any other fees, for any application for development or request for a construction permit for properties subject to this section.
J.
Review period. For review in conjunction with an application for development, the review time for compliance with this section shall coincide with the review time of the development application. For review in conjunction with a request for a construction permit, the Township Engineer shall review and approve, conditionally approve, or reject the permit application within 30 days of the date a complete application is submitted.
K.
Precedence. Within the boundaries of a ridgeline protection area, the regulations concerning these ridgeline protection areas shall take precedence over any conflicting laws, ordinances and codes.
L.
Effective date. The requirements of this section shall take effect following final passage at a public hearing to be conducted thereon and publication in accordance with the requirements of law.
§ 243-65.3 Prohibited uses.
[Added 8-19-2021 by Ord. No. 2021-07; amended 4-6-2022 by Ord. No. 2022-03]