Lopatcong Township City Zoning Code

Single-family dwellings, including lot size exceptions as regulated in § 243-67.

[1]Assisted living facilities, in the R-100 Zone only, as regulated in § 243-70.1.

Senior citizen housing complexes in the R-100 Zone only, as regulated in § 243-70.

Townhouses and garden apartments in the R-MF Zone as regulated in § 243-68.

Multifamily units in the AH Zone as regulated in § 243-71.

Farms.

Municipal buildings, public schools and nonprofit private schools, parks, playgrounds and recreation areas deemed necessary and appropriate by the Township.

Churches and other similar places of worship, parish houses, convents and other such facilities of recognized religious groups, except in the R-5/2 and R-10/2 Zones.

Public and semipublic buildings such as libraries, museums, transportation stations, other private schools, nonprofit recreational clubs, fraternal organizations, eleemosynary uses and other nonprofit uses similar in nature and scale to those permitted above, except in the R-5/2 and R-10/2 Zones.

Active adult residential communities in the AARC Zone as regulated in § 243-70.2.

Private garages.

Customary residential storage structures.

Animal shelters for not more than five domestic pets of the household.

Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and other similar structures.

On farms only, customary farm buildings for the housing of livestock or equipment located on the same parcel as the principal use.

For townhouse, apartment and senior citizen housing complexes only, accessory uses, such as common recreation facilities, as are customary and typical to the proposed principal use.

Signs in accordance with Article X.

Off-street parking in accordance with Article IX.

Home professional office use, as provided for in § 243-5, and further provided that:

Outdoor bulk storage as regulated in § 243-64.2A(7).

Small-lot single-family dwellings in the R-120 Zone, but only in those areas of the zone currently developed or approved for these units as part of the agreements and/or settlements resulting in the Country Hills development.

Golf courses in R-3/2 Zone.

Except as otherwise allowed in this chapter, area, lot and bulk regulations applicable to permitted uses, accessory uses and conditional uses are specified in Article XVI, Schedule of Area, Lot and Bulk Regulations.

Residential cluster development shall be permitted in all residential zones except R-75, R-150 and R-2. In the R-3/2, R-5/2 and R-10/2, clustering shall be mandatory.

Any subdivision employing cluster shall adhere to the following standards:

Minimum tract size. Any site plan for the development of garden apartments or townhouses shall not be approved unless the property consists of a minimum of five contiguous acres, provided that the total site area shall be of sufficient size to provide for all required off-street parking, usable recreation space, yards and other requirements consistent with the projected number of dwelling units to be constructed.

General requirements. Any further development of the R-MF Zone shall include provisions for the construction of the Baltimore Street extension to Strykers Road and a timetable for its completion; such development shall be predicated on the completion of the through street. To the greatest extent possible, access to future development shall be from Baltimore Street.

The following Schedule of Area, Lot and Bulk Regulations shall be interpreted as applying to the townhouse and garden apartment development as a whole.[1] Every development shall be designated and constructed so that no portion of a structure containing a dwelling unit shall be closer than 40 feet to any tract line or major internal street.

Screening. Wherever a garden apartment or townhouse residential development shall abut a lot or lots developed as or subdivided for single-family detached homes, the setback area required shall contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62. Existing vegetation, along or with additional plantings if needed, may be used for screening, if sufficiently dense.

Density. In the R-MF Zone, the density of multifamily residential development shall not be greater than 12 units per gross acre, excluding the area of Baltimore Street extension right-of-way. Funding for affordable housing shall be provided at the rate of one unit per gross acre of the tract.

Building setbacks and distances between buildings.

Units per building.

Open space and recreation.

Improvements and utilities. All dwelling units within a building shall be connected to approved and operating sanitary sewer and water supply systems; the overall development shall be served by functioning storm drains and other utility systems; all streets and parking areas shall be paved to finish grade; and lawns in the immediate vicinity of the subject building shall be established before a certificate of occupancy may be issued for any dwelling unit in the building.

Refuse collection. Included in the development application for any townhouse or garden apartment development shall be a plan for the collection, removal and disposition of all garbage, refuse and debris from the property during both construction and operation. Such plan shall provide adequate receptacles at convenient locations within the site area, including facilities for the recycling of recyclable materials.

Multifamily development shall not exceed an average of 1.75 bedrooms per unit over the entire number of units, and no individual dwelling unit shall contain more than two bedrooms.

Sales or rental office.

Recreation and cultural facilities for the use of the public and the residents of the community and their guests including picnic areas and other active and passive recreation facilities.

Construction office and/or trailer during the time the project is being constructed.

The following uses shall be exclusively and solely devoted to the use and benefit of the residents of the multifamily inclusionary development:

Sewer and water service. Every dwelling unit and the community building within the development shall be connected to a public sewage disposal and central potable water service system. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the Board.

Location of buildings. All dwellings and other buildings within the development shall have frontage on and vehicular access to an internal roadway.

Open space. Open space and recreation facilities shall be governed and regulated by the provisions of § 243-82 and the following requirements:

Density. The density of multifamily residential development shall be calculated by dividing the number of units in the development by the gross acreage of the tract, excluding the area of public street right-of-way, in accordance with the following schedule:

Unit type. Garden apartment, as defined in the Zoning and Land Use ordinance of Lopatcong Township.

Area and bulk requirements. The following requirements shall apply to the entire contiguous portion of the tract:

Building setbacks and distances between buildings.

Screening. Wherever a multifamily residential development shall abut a lot or lots developed as or subdivided for single-family detached homes, the setback area required shall contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62. Existing vegetation, along or with additional plantings if needed, may be used for screening, if sufficiently dense.

Unit and building requirements.

Improvements and utilities.

Laundry and clothes-drying equipment. If not provided in each individual unit, laundry and clothes-drying equipment shall be provided in each building or group of attached buildings. The equipment shall be provided in a room specifically designed as a laundry area. The laundry room shall be readily accessible and shall be adequately ventilated and soundproofed so as not to create a nuisance to adjoining dwelling units. Laundry facilities shall be provided in the relationship of one commercial-type washer for each four apartments and one commercial-type dryer for each two washers. The equipment and the laundry room shall be maintained in good working order and shall be kept clean. No exterior clothesline or laundry-drying equipment shall be permitted on any part of the premises.

Storage facilities. In addition to any storage area contained within the dwelling unit, a minimum of 250 cubic feet of storage space shall be provided for each dwelling unit within the multifamily inclusionary development for the purpose of storing bicycles, furniture and similar items. Such storage space shall be specifically allocated among the units.

Soundproofing. Each dwelling unit shall be insulated for sound by the installation of adequate soundproofing materials according to reasonable building practices within all walls separating said unit from abutting residential units, hallways or other areas devoted either to common use or reserved for the landlord's use in conformance with state standards.

The requirements of Article XVII, "Low- and Moderate-Income Housing" of the Zoning and Land Use ordinance of Lopatcong Township.

The affordable units may be for-sale units (ownership) or rental units, at the developer's option.

Minimum affordable housing set aside:

Inclusionary zoning for rental units shall provide that at least 10% of the affordable units are to be affordable to households earning 30% or less of median income for COAH Region 2.

The tract shall comply in all ways with COAH's site suitability criteria as set forth in N.J.A.C. 5:97-3.13.

Bedroom distribution for affordable units shall comply with the requirements set forth in COAH's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).

Multifamily dwellings, as defined in the Lopatcong Township Zoning and Land Use Ordinance § 243-5.

Multifamily age-restricted dwellings, as defined in the Lopatcong Township Zoning and Land Use ordinance § 243-5.

Sales or rental office.

Recreation and cultural facilities for the use of the public and the residents of the community and their guests, including picnic areas and other active and passive recreation facilities.

Construction office and/or trailer during the time the project is being constructed.

The following uses shall be exclusively and solely devoted to the use and benefit of the residents of the multifamily inclusionary development:

Sewer and water service. Every dwelling unit and the community building within the development shall be connected to a public sewage disposal and central potable water service system provided by a licensed public utility. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the Board.

Location of buildings. All dwellings and other buildings within the development shall have frontage on and vehicular access to an internal roadway.

Open space. Open space and recreation facilities shall be governed and regulated by the provisions of § 243-82 and the following requirements:

Density. The density of multifamily residential development shall be calculated by dividing the number of units in the development by the gross acreage of the tract, excluding the area of public street right-of-way, in accordance with the following schedule:

Unit type and mix.

Area and bulk requirements. The following requirements shall apply to the entire contiguous portion of the tract:

Building setbacks and distances between buildings.

Screening. Wherever a multifamily residential development shall abut a lot or lots developed as or subdivided for single-family detached homes, the setback area required shall contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62. Existing vegetation, along or with additional plantings if needed, may be used for screening, if sufficiently dense.

Unit and building requirements.

Improvements and utilities.

Laundry and clothes-drying equipment. If not provided in each individual unit, laundry and clothes-drying equipment shall be provided in each building or group of attached buildings. The equipment shall be provided in a room specifically designed as a laundry area. The laundry room shall be readily accessible and shall be adequately ventilated and soundproofed so as not to create a nuisance to adjoining dwelling units. Laundry facilities shall be provided in the relationship of one commercial-type washer for each four apartments and one commercial-type dryer for each two washers. The equipment and the laundry room shall be maintained in good working order and shall be kept clean. No exterior clothesline or laundry-drying equipment shall be permitted on any part of the premises.

Storage facilities. In addition to any storage area contained within the dwelling unit, a minimum of 250 cubic feet of storage space shall be provided for each dwelling unit within the multifamily inclusionary development for the purpose of storing bicycles, furniture and similar items. Such storage space shall be specifically allocated among the units.

Soundproofing. Each dwelling unit shall be insulated for sound by the installation of adequate soundproofing materials according to reasonable building practices within all walls separating said unit from abutting residential units, hallways or other areas devoted either to common use or reserved for the landlord's use in conformance with state standards.

The requirements of Article XVII, Low- and Moderate-Income Housing, of the Zoning and Land Use ordinance of Lopatcong Township.

The affordable units may be for-sale units (ownership) or rental units, at the developer's option.

Minimum affordable housing set-aside:

Inclusionary zoning for rental units shall provide that at least 13% of the affordable units are to be affordable to households earning 30% or less of median income for COAH Region 2. Thirty-seven percent of the affordable units shall be affordable to households with a gross household income above 30% and up to 50% of the regional median income. Fifty percent of the affordable units shall be available to households with a gross income in excess of 50%, but less than 80% of the regional median income.

The tract shall comply in all ways with COAH's site suitability criteria as set forth in its Substantive Rules.

Bedroom distribution for affordable units shall comply with the requirements set forth in COAH's Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).

Model home(s) for dwellings to be sold only within the project.

Sales office of a temporary nature not to extend beyond the occupancy of the last dwelling in the project and to be solely used for sale of properties within the senior citizen housing development.

Recreational and cultural facilities for the sole use of the residents of the community and their guests, picnic areas and other active and passive recreation facilities.

Construction office and/or trailer during the time the project is being constructed.

The following uses exclusively and solely devoted to the use and benefit of the residents of the senior citizen housing development.

Total land area. The minimum tract size for a senior citizen housing complex shall be 25 acres and shall be designed as a single entity.

Sewer and water service. The tract shall be located within an existing sewer service area. Every building within the senior citizen housing development shall be connected to a public sewage disposal and central potable water services. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the Board.

Location of buildings. All dwellings and other buildings within the senior citizen housing development shall have frontage on and vehicular access to an internal roadway, except that dwellings shall be permitted to have direct frontage and vehicular access onto Edward Street between Fourth Street and Sixth Street.

Open space. At least 25% of the gross tract acreage shall be planned and maintained as open space, including those buildings, structures, off-street parking and other improvements that are designed to be incidental to the recreational use of the common area. The open space area shall not include any portion of a residential lot, public or private street, right-of-way or existing public or private easement which is improved with aboveground structures, including the poles and wires of electric, telephone or other service utilities.

Density. Density shall be calculated by multiplying the gross tract size by 4.5 units per acre.

Unit type. Single-family detached dwellings and duplex units, provided no more than one dwelling or unit shall be permitted on any one lot.

Bedroom mix. The number of bedrooms shall not exceed two per unit.

Area and bulk requirements.

Utilities.

Parking and loading.

Pedestrian circulation.

Landscaping.

Buffering.

Open space and recreation requirements.

Architectural diversity.

Age restriction.

Total land area. The minimum tract size for an assisted living facility shall be three acres.

Density and intensity use. The density of an assisted living facility shall not exceed 30 beds per acre. The floor area ratio shall not exceed 25%; the building coverage shall not exceed 15%; and the total impervious coverage shall not exceed 40%. Building height shall not exceed 35 feet.

Yard requirements. Principal buildings shall be set back a minimum of 75 feet from all property lines; accessory buildings and structures, including parking, shall be set back a minimum of 30 feet from all property lines.

Accessory uses may include medical care facilities and related facilities for the routine care of the residents; retail sales and services designed primarily for the convenience of the residents, guests and employees, the size of which shall not exceed 2% of the total floor area of the principal building; recreation facilities, such as swimming pools, tennis courts, exercise rooms; meeting and activity rooms and similar facilities.

Parking. Off-street parking shall be provided at the rate of one-half of one space for each unit or one space for each employee on the maximum shift plus one space for every eight units, whichever is the lesser.

Screening. A year-round landscaping buffer shall be provided along the side and rear property lines to screen the assisted living facility from adjacent uses. Where appropriate, this screen may be supplemented by a decorative fence.

Minimum tract size of 50 acres.

Maximum gross density of six dwelling units per acre.

Two bidirectional roadway access points must be provided with a sidewalk on at least one side.

All infrastructures (roadways, drainage systems, detention and retention basins, parking areas, etc.) must be privately owned and all new utility lines placed underground.

A minimum of 40% of the gross tract area shall be open space as defined in this chapter.

Maximum impervious coverage shall be 50% of the gross tract area.

There shall be in each AARC community at least one clubhouse or community building. There shall be at least 10 square feet of clubhouse building space provided for each proposed dwelling unit. The clubhouse shall be completed and in operation before the 150th dwelling unit has been completed and a certificate of occupancy issued therefor or prior to the issuance of a certificate of occupancy for 50% of the total number of approved dwellings, whichever shall occur first.

At a minimum, one unit of affordable housing shall be built on site for every eight market-rate units.

Principal permitted uses on the land and in buildings.

Accessory uses permitted.

Maximum building height.

Maximum number of dwelling units permitted. The maximum number of dwelling units permitted within an AARC is equal to six dwelling units per gross acre of land.

Building setback and distances between buildings.

Units per building. No single building may contain more than six townhouse units or 36 apartment units.

No building facade shall continue in the same plane for a length of more than 75 feet without offsets totaling at least five feet.

Minimum off-street parking.

Permitted signs. Each development may have one freestanding sign per entrance. Such signs shall not exceed 10 feet in height, shall be set back from street, curb, and property lines a minimum of 30 feet, shall not exceed an area of 50 square feet, and shall be used only to display the development's name and telephone number.

Buffers and landscaping.

Common open space requirements. Land area equal to a minimum of 40% of the tract of land proposed for an active adult residential community shall be specifically set aside for conservation, open space, floodplain, recreation, and/or other common open space. Land utilized for street rights-of-way shall not be included as part of the above 40%.

Pedestrian circulation. There shall be an adequate system of pedestrian walks serving all facilities within the development, providing access to residential units, parking areas, open spaces, recreational and other communal facilities and along vehicular roadways as deemed necessary by the approving board. Public access shall also be provided to the Morris Canal.

Architecture and construction.

Age restrictions.

The Planning Board may reduce the distances between buildings by not more than 1/3 if there is an angle of 20° or more between buildings and if extensive landscaping or buffers are placed between buildings.

The maximum density of residential development for any lower-income housing development or any development partially including a lower-income household development in the AH Zone shall be 6.0 dwelling units per buildable acre, excluding lower-income housing. The maximum gross density, including lower-income housing and all other housing, shall in no case exceed 6.5 dwelling units per acre. This density is predicated on the provision of a central sewage disposal system. Without sewer, density will be that of the R-150 Zone.

Office buildings for professional, executive and/or administrative purposes.

Scientific, engineering and/or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on the premises for the purpose of sale except such as may be incidental to the research or design operations.

Medical service and care facilities, hospital support services and nursing and convalescent homes.

Professional office park developments.

Private garage space for the storage of business vehicles used in conjunction with a permitted business use.

Facilities and services which, in the opinion of the Board, are essential and subordinate to the operating of a permitted use.

Signs in accordance with Article X.

Off-street parking in accordance with Article IX.

Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all uses developed in this zone. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 243-62.

Screening and buffer strip. Whenever a developed use in this zone abuts any of the residential zones or a Retail Business Zone, the buffer strip required above shall also contain screening, such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62.

Permitted research laboratories shall at no time result in or cause:

Outdoor bulk storage.

Outdoor display of merchandise.

Single-family, two-family dwellings and duplexes as regulated in the R-75 Zone.

Retail business establishments which are clearly of a community service character, such as but not limited to the following:

Personal service establishments which are clearly of a community service character, such as but not limited to the following:

Municipal buildings, public schools, parks, playgrounds and recreation areas deemed necessary and appropriate by the Township, as regulated in the R-75 Zone.

Churches and other similar places of worship, parish houses, convents and other such facilities of recognized religious groups, as regulated in the R-75 Zone.

Public and semipublic buildings, such as libraries, museums, transportation stations, other private schools, nonprofit recreation clubs, fraternal organizations, eleemosynary uses and other nonprofit uses similar in nature and scale to those permitted above, as regulated in the R-75 Zone.

Hospital support services.

All accessory uses permitted in § 243-66B.

Private garage space for the storage of business vehicles used in conjunction with a permitted business use.

Facilities and services which are essential and subordinate to the operation of a permitted use.

Dwelling units accessory to a principal business use, provided that such dwelling is located in the same building with the principal use.

Outdoor display of merchandise subject to the provisions of § 243-64.2.

Service stations (motor vehicle or automobile service stations, filling or gasoline stations, motor vehicle or automobile repair garages).

Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all nonresidential uses developed in this zone except as herein provided. Such buffer strips shall be a minimum of five feet in width and shall meet the requirements prescribed in § 243-62.

Adjoining parking lots. A buffer strip is not required along a lot line between parking lots of business uses within this zone, provided that passage between the parking lots is permitted, and further provided that, where the combined width of the two parking lots exceeds 120 feet, a landscaped island, a minimum of 10 feet in width, shall be located within the parking lot and run the depth of the parking lot, except for vehicular aisles.

Screening and buffer strip. Whenever a developed use in this zone abuts any of the residential zones or uses, the buffer strip required above shall also contain screening, such as dense hedges, decorative fencing or landscaped earth berms further prescribed in § 243-62.

Outdoor bulk storage except as permitted in § 243-64.2, Outdoor bulk storage and outdoor display of merchandise.

Farms.

Retail and personal service establishments permitted in § 243-73A.

All principal uses permitted in the PO Zone, § 243-72A.

Uses permitted in the ROM Zone, limited to § 243-75A(4), (10) and (12), with § 243-75A(12) being permitted only in the portion of the HB Zone south of the Norfolk Southern Railroad right-of-way.

Commercial indoor and outdoor recreation facilities.

Solar or photovoltaic energy facilities or structures shall be permitted as an accessory use provided that the solar or photovoltaic energy facilities are: located on the same property as the principal permitted use; secondary to the use of the property for the permitted principal use; designed to offset part or all of the permitted principal use's on-site energy consumption; and designed to generate not more than 110% of the power consumed on-site by the permitted principal use. Solar or photovoltaic energy facilities as an accessory use shall comply with the following standards:

Cannabis retailers, subject to compliance with the regulations set forth in Chapter 88 and the following requirements:

Private garage space for storage of business vehicles used in conjunction with a permitted business use.

Facilities and services which are essential and subordinate to the operation of a permitted use.

Signs in accordance with Article X.

Off-street parking in accordance with Article IX.

Outdoor displays of merchandise subject to the provisions of § 243-64.2B.

Service stations: motor vehicle or automobile service stations, filling or gasoline stations or motor vehicle or automobile repair garages.

Advertising signs.

Massage, bodywork and somatic therapy.

Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines created within a development in this zone, except as herein provided. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 243-62.

Joint driveways. Wherever practical, driveways shall be located at the side property line to allow joint use of access with the adjacent property.

Adjoining parking lots. A buffer strip is not required along a lot line between parking lots of business uses within this zone, provided that passage between the parking lots is permitted and, further, provided that, within 50 feet of each side of the lot line, a landscaped island at least 10 feet in width or a landscaped yard area at least 10 feet in width shall be provided, running the depth of the parking lot, except for vehicular aisles.

Screening and buffer strip. Whenever a developed use in this zone abuts any of the residential zones or use or a Retail Business Zone, the buffer strip in shall also contain screening, such as hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62.

Permitted industrial uses shall at no time result in or cause:

Outdoor bulk storage except as permitted in § 243-64.2, Outdoor bulk storage and outdoor display of merchandise.

Farms.

(Reserved)[1]

Industry which involves only the processing, assembly, packaging or storage of previously refined materials, such as but not limited to the following industries:

Offices for business, executive, professional and administrative purposes.

Computer and data processing centers.

Scientific, engineering and/or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on the premises for the purpose of sale except such as may be incidental to the research or design operation.

Integrated industrial/office park development.

Except for the ROM Zone situate along Belview Road, collocation of wireless telecommunication equipment and facilities shall be permitted in the ROM Zone, and wireless telecommunication towers shall be a conditional use in the same part of the ROM Zone. The same uses shall also be permitted and conditional, respectively, in the HB Zone.

Hospital support services.

Mini-warehouse/self-storage facility. A self-storage and/or mini-warehouse facility that is designed exclusively for such use, subject to the following provisions:

Flexible office/warehouse. A flexible office/warehouse facility that is designed exclusively for such use, subject to the following provisions:

Solar and photovoltaic energy facilities. Solar or photovoltaic energy facilities or structures shall be permitted, subject to the following provisions:

All accessory uses permitted in § 243-74B.

Outdoor bulk storage subject to the provisions of § 243-64.2.

Solar or photovoltaic energy facilities or structures shall be permitted as an accessory use provided that the solar or photovoltaic energy facilities are: located on the same property as the principal permitted use; secondary to the use of the property for the permitted principal use; designed to offset part or all of the permitted principal use's on-site energy consumption; and designed to generate not more than 110% of the power consumed on-site by the permitted principal use. Solar or photovoltaic energy facilities as an accessory use shall comply with the following standards:

Advertising signs.

Asphalt-manufacturing facilities.

Concrete-manufacturing facilities.

Resource-recycling facilities.

Permitted uses shall at no time result in or cause:

Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, created within a development in this zone. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 243-62.

Screening. Whenever a developed use in this zone abuts any of residential zones or use or a Retail Business Zone, the buffer strip shall also contain screening, such as dense hedges, decorative fencing or land earth berms as further prescribed in § 243-62.

All outdoor bulk storage shall be in the rear or side yard with a minimum twenty-five-foot buffer of dense evergreen plant material and/or fences as deemed necessary by the Board to achieve the intended buffer. The buffer width shall be increased if the height of an outdoor bulk storage structure exceeds 14 feet as follows: Add one foot to the minimum buffer width for every one foot of height that exceeds 14 feet.

Outdoor equipment storage such as loaders, trucks, and other such equipment and stockpiles of aggregate materials shall be permitted pursuant to standards set forth in § 243-64.2.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

Purpose. The purpose of this subsection is to regulate the location and placement of wireless telecommunications structures, antennas and equipment within the Township of Lopatcong. It is also the purpose of this subsection to recognize that the installation of new towers to support such antennas has a negative impact on the scenic and historic character of the countryside which the Lopatcong Township Master Plan seeks to protect. This subsection seeks to meet the mandate of the Telecommunications Act of 1996, while at the same time limiting the proliferation of wireless telecommunications towers.

Permitted use/conditional use treatment.

Visual compatibility requirements.

Conditional use standards for the location of wireless telecommunications antennas or towers.

Site plan application requirements for the installation of wireless telecommunications towers.

Antenna modifications.

Collocation and shared facilities and sites.

Application and escrow fees. Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in § 243-27 of this chapter.

Outdoor display of merchandise.

Public schools.

Uses other than a public school shall be governed by the R-100, R-150 or R-5/2 District regulations.

Recreation fields and facilities as are customary and typical to the proposed principal use.

Signs in accordance with Article X.

Parking areas in accordance with Article IX.

Area, yard, height and coverage requirements. The following design guidelines may apply to the public buildings, recreational facilities and schools located in the Planned Community School and Recreational District Overlay Zone:

Accessory structures may not be located in any front, side or rear yard.

Any principal building may contain more than one use of organization. The lot may contain more than one principal building, provided that each building conforms to the design guidelines expressed in § 243-75.1D(1)(b) above.

General regulations.

The provisions of this § 243-75.2 shall be applicable only to tracts of land containing a minimum of 50 acres and located in the HB and ROM Districts within Tax Blocks 99, 100 and 102.

The provisions of this § 243-75.2 shall be constructed as a comprehensive regulation of all projects and activities in a planned development, and in the event of a conflict between the provisions of this section and any other provision of the Lopatcong Township Code, the provisions of this § 243-75.2 shall take precedence.

All definitions contained in Chapter 243 of the Code, as those definitions shall exist as of the adoption of this § 243-75.2, shall govern the provisions of this section unless a contrary meaning is clearly indicated or except otherwise provided herein.

The term "shall" indicates a mandatory obligation while the term "may" indicates a discretionary opportunity.

The following terms as used in this section shall be specifically defined as follows:

Except as otherwise set forth herein, any term not specifically designated should be giving its ordinary meaning.

Principal uses. In the PD Overlay District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

Prohibited uses.

Bulk standards are designed to encourage the development of large tracts, the consolidation of smaller lots into larger tracts and to promote integrated, planned development. Accordingly, bulk and area standards are more restrictive for smaller parcels than for larger tracts, and all area and bulk standards are controlled by the minimum lot areas. The following standards apply to the entire tract:

Final subdivision approval may be granted only as part of or subsequent to final site plan approval of the planned development or general development plan. The Board of jurisdiction shall condition final subdivision approval upon submission by the applicant and approval by the Board Attorney of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances dealing with issues, including but not limited to access, security, outside cleaning and other routine external maintenance of the common open space, garbage collection, snow removal and other appropriate items that will be provided for the planned development.

All development in this District shall comply with the design standards contained in Subsection F.

Planned development may have more than one freestanding principal building on a lot, more than one principal permitted or conditional use on a lot and more than one principal permitted or conditional use in a building, provided that:

Along both principal and secondary frontage in a proposed planned development, it is required that, at a minimum, sidewalks and street trees be installed in accordance with municipal specifications and of an appropriate and acceptable nature to the Planning Board. In the event that such facilities are already present or are otherwise to be provided, the Planning Board may require provision of other reasonable amenities related to the establishment or improvement of a streetscape environment. In all cases, provision of streetscape amenities that are beyond and in addition to sidewalks and street trees (such as benches, grass strips, planters, statues and other street furniture) shall be encouraged, subject to Planning Board approval.

A landscaped buffer of not less than 50 feet in width shall be provided along the entire perimeter of the planned development and along any existing or proposed roads, except that a buffer at least 100 feet wide shall be provided adjacent to a residential use or zone. All parking, buildings and other structures except for those utilities and driveways providing access to the tract shall be prohibited from the buffer area. Where a development in the PD Overlay District abuts any residential district, special buffering improvements shall be mandatory within required rear and/or side setbacks on the site. Said improvements shall be designed so as to significantly reduce visibility, noise and litter and shall consist of combinations of any of the following, at the discretion of the Planning Board, as needed: dense plantings, including hedges, coniferous or broad-leaf evergreens; visually impermeable fences or walls; retention of natural vegetation; and retention of natural topographic features and watercourses. Buffers shall be in accordance with § 243-62. Buffers may occur in required yard areas, but the applicant's desire to place parking or drive aisles within the required buffer area shall not constitute grounds for zoning relief from this requirement.

All development in the PD Overlay District shall be connected to public sewer and water systems.

New or upgraded public roadways shall meet local engineering/design standards and be dedicated to the municipality or other appropriate governmental jurisdiction. On-site driveways may be designated as site service drives and may be exempted from the preceding requirements, unless they are judged to carry volumes sufficient for the Planning Board to request their designation as public streets in accordance with the Code of Lopatcong Township. Curbing shall be required, and curb cuts shall be designed so as to limit vehicular access in accordance with proper traffic engineering principles and the New Jersey Highway Access Code and, in doing so, promote traffic safety and efficiency of flow. Vehicular access shall be from U.S. Route 22 and/or Strykers Road and shall be limited to U.S. Route 22 for all retail commercial development.

All parking areas and walkways shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward. All lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objective is to minimize undesirable off-premises effects.

All rights-of-way as required by the Lopatcong Township Master Plan, by the County of Warren or by the New Jersey Department of Transportation (as applicable) shall be offered for dedication at the time of site plan application.

Parking and loading. Parking and loading spaces shall be provided in accordance with the regulations set forth in this § 243-75.2 and in Article IX of Chapter 243. When adjacent to any residential use, loading areas shall be screened with walls to obscure their view from the adjacent lot.

A planned development shall provide a minimum of three of the permitted principal uses of the PD Overlay District. No single use shall comprise more than 60% or less than 20% of the planned development's GFA.

Parking. Parking shall conform to the provisions of Article IX of Chapter 243 of the Code.

Planned development recreation and open space.

Design review purpose. The purpose of this design section is to ensure that, among other things, general design, arrangement and use of materials for proposed buildings and structures is complementary and harmonious to the character and environment of Lopatcong Township, fosters civic pride among its residents and contributes to the overall economic development of the Township. Overall design character of buildings shall be controlled to ensure that the appearance and quality of Township communities is not eroded by poor design that is either monotonous or cluttered. The architecture, project layout (site design), landscaping and signage shall contribute to a harmonious and diverse character, while maintaining a strong sense of unity. Monotony shall be avoided. Interest and diversity shall be implemented, while avoiding chaotic or discordant design schemes.

Applicability. Evaluation on such factors described above shall apply to all nonresidential structures in a planned development and will be reviewed and approved by the Lopatcong Township Planning Board in the best interest of the residents of Lopatcong Township.

Building and structure design. Critical attention shall be given to building materials, use of color and texture, building or structure massing and height as they relate to site conditions and harmonious integration with similar existing elements in neighboring buildings or structures. Buildings or structures shall be designed to be part of individual communities or streetscapes that are appropriate to Lopatcong Township. Prototype or formula buildings and color schemes are undesirable unless they conform to the standards of this section.

Site design.

Design review process.

Submittal requirements, colored renderings of the proposed new structure, renovation or rehabilitation shall be submitted for review. Renderings shall depict all building elevations, including a roof plan, and shall be drawn at a scale of 1/4 inch equals one foot, or as appropriate to adequately and accurately convey the details and overall appearance of the proposed structure(s). Rendering colors shall represent the true color of the proposed building materials and, where appropriate or requested, actual building material samples shall be submitted to clearly show the colors and textures of the proposed materials of construction.

General development plan.

All other development applications.

The provisions of this chapter shall be enforced in the course of any application for development.

No planned development shall be undertaken in the Township unless there exists between the developer and the Township a fully executed developer's agreement executed between the parties pursuant to N.J.S.A. 40:55D-45.2l. Any planned development in the Township shall conform fully to the specific provisions of § 243-75.2.

The applicant shall be required to establish an association conforming to the requirements of N.J.S.A. 40:55D-43 to be responsible for operating and maintaining the common open spaces, roadways not designed to be taken over by the Township, driveways and parking areas, any other common property and fire-fighting or utility facilities and stormwater management facilities not to be owned by a government body or public utility, including reasonable indemnity and security provisions to cover any possible financial involvement of the Township. The master deed and other appropriate legal documents, including those establishing the homeowners' association, pertaining to the development shall assume and bear the foregoing responsibilities. Said documents shall provide for the Township to have the remedies described in N.J.S.A. 40:55D-43b and c and such other remedies as the Township shall have by law. Said documents establishing the homeowners' association shall provide that the association's obligations in the above respects shall not be altered or amended without prior approval of the Township.

All documents pertaining to any such association for the development shall be submitted to and approved by the approving authority and Township Attorneys prior to or as a condition of final subdivision and/or site plan approval for the development in order to ensure that such documents provide for the assumptions by the association of the responsibilities and obligation referred to herein and of any other responsibilities and obligations affected with the public interest and that no amendment of such documents is permitted with regard to such responsibilities and obligations without the prior consent of the Township.