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Lopatcong Township City Zoning Code

ARTICLE XIV

Zoning District and Use Regulations

§ 243-66 Residential districts.

A. 
Permitted principal uses shall be as follows:
(1) 
Single-family dwellings, including lot size exceptions as regulated in § 243-67.
(2) 
[1]Assisted living facilities, in the R-100 Zone only, as regulated in § 243-70.1.
[Added 11-1-2000 by Ord. No. 2000-33]
[1]
Editor's Note: Former Subsection A(2), two-family dwellings and duplexes, was repealed 11-3-1993 by Ord. No. 1993-18.
(3) 
Senior citizen housing complexes in the R-100 Zone only, as regulated in § 243-70.
[Amended 11-1-2000 by Ord. No. 2000-31]
(4) 
Townhouses and garden apartments in the R-MF Zone as regulated in § 243-68.
[Amended 8-5-1998 by Ord. No. 1998-21]
(5) 
Multifamily units in the AH Zone as regulated in § 243-71.
(6) 
Farms.
(7) 
Municipal buildings, public schools and nonprofit private schools, parks, playgrounds and recreation areas deemed necessary and appropriate by the Township.
[Amended 11-1-2000 by Ord. No. 2000-31; 2-7-2007 by Ord. No. 2007-02]
(8) 
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.
[Amended 11-1-2000 by Ord. No. 2000-31]
(9) 
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.
[Amended 11-1-2000 by Ord. No. 2000-31]
(10) 
Active adult residential communities in the AARC Zone as regulated in § 243-70.2.
[Added 12-29-2005 by Ord. No. 2005-27; amended 3-1-2006 by Ord. No. 2006-6]
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garages.
(2) 
Customary residential storage structures.
(3) 
Animal shelters for not more than five domestic pets of the household.
(4) 
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and other similar structures.
(5) 
On farms only, customary farm buildings for the housing of livestock or equipment located on the same parcel as the principal use.
(6) 
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.
(7) 
Signs in accordance with Article X.
(8) 
Off-street parking in accordance with Article IX.
(9) 
Home professional office use, as provided for in § 243-5, and further provided that:
[Added 5-3-2000 by Ord. No. 2000-06; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
Interior storage of materials shall only consist of office supplies.
(b) 
There shall be no change to the exterior of buildings or structures because of the use and no outside appearance of a business use, including but not limited to, parking, storage, signs or lights.
(c) 
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference with telephone, radio or television reception detectable by neighboring residents.
(d) 
The use does not require any increased or enhanced electrical or water supply.
(e) 
The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(f) 
The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the sanitary sewer system or its components.
(g) 
Delivery trucks shall be limited to United States Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district.
(h) 
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
(10) 
Outdoor bulk storage as regulated in § 243-64.2A(7).
[Added 12-3-2003 by Ord. No. 2003-19]
C. 
Conditional uses shall be as follows:
[Amended 5-5-1993 by Ord. No. 1993-10]
(1) 
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.
[Amended 11-1-2000 by Ord. No. 2000-31]
(2) 
Golf courses in R-3/2 Zone.
[Added 3-4-1998 by Ord. No. 1998-05]
(a) 
Within the R-3/2 Zone only, golf courses shall be a permitted conditional use, provided that any such use meets all of the following three conditions:
[1] 
The minimum land area is to be 150 acres.
[2] 
The golf course is to consist of an eighteen-hole facility with a total course length not less than 6,500 yards. Course length shall be defined as the total of the distance for all 18 holes from each furthest starting tee to the center of the green.
[3] 
In the event that an applicant phases the construction of the project, no accessory use is to be built prior to the completion of at least nine holes of the full golf course. No subdivision is to be permitted from the major tract until the full eighteen-hole golf course is complete.
(b) 
Permitted accessory uses. The golf course may have, as an associated accessory use, a clubhouse with locker room, bathroom and meal facilities for the public and patrons, with maximum seating of 150 seats, but shall not include overnight accommodations. Also permitted as an accessory use are such shop buildings and storage buildings as may be reasonably necessary to store the equipment utilized in the maintenance of the golf course, together with golf carts and other similar equipment. Also permitted as an accessory use shall be an eighteen-hole short golf course, without lighting, commonly known as a "pitch-and-putt," with twenty-five- to one-hundred-yard holes. The length of a hole shall be defined as the distance from the furthest starting tee to the cup. Also permitted shall be a driving range, which shall not include any covers or booths with roofs for the use of patrons, but which may include sidewalks for safety purposes, and which is to be unlighted.
(c) 
Prohibited accessory uses. No miniature golf shall be permitted, defined herein as a golf course on a miniature basis, with any hole less than a total of 25 yards, or including any hole designed for play around accessory structures or vegetation which obstruct a direct line of sight from the tee to the hole, or which are in the nature of an amusement.
(d) 
Bulk standards. Any golfing facility or maintenance structure or other structure shall be situated 75 feet from all property lines, except that tees for the driving of golf balls may be placed within 25 feet of the property sideline, provided that additional plantings and fencing such as may be necessary to fully protect neighboring properties shall be placed between such tees and the sidelines as a buffer. The clubhouse and dining facilities shall be set back 400 feet from any street. The bulk standards of the R-3/2 Zone shall apply to all other structures and accessory uses.
(e) 
Parking area. A parking area suitable for a minimum of 150 cars shall be furnished. Lighting shall be furnished for the drive to the main building, for safety purposes only. All lighting of the golf course so as to make the same suitable for night play is prohibited. Lighting of the meal facilities is to be in accord with the generic site plan standards, § 243-48B.
(f) 
Environmentally constrained areas. In the event of any wetland situate within a golf course, the wetlands regulations of the New Jersey Department of Environmental Protection (NJDEP), as amended and supplemented from time to time, are incorporated herein by reference. The applicant shall file and maintain an Integrated Turf Management Plan governing the applications of pesticides, herbicides, fertilizers and other substances as a part of the ongoing maintenance of the golf course so as to bring the same into compliance with the standards of the United States Golf Association and those of the NJDEP, as amended and supplemented from time to time.
D. 
Required conditions shall be as follows:
(1) 
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.

§ 243-67 Cluster development.

[Amended 11-1-2000 by Ord. No. 2000-31]
A. 
Intent. The intent of this section is to permit single-family detached dwellings on smaller lots than otherwise permitted for the purpose of creating open space in usable locations and quantities; preserving sensitive and desirable natural features and tree cover; encouraging high-quality planning and land design, while reducing the extent and cost of infrastructure; and preserving the health, welfare and safety of the community.
B. 
Provisions and requirements.
(1) 
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.
(2) 
Any subdivision employing cluster shall adhere to the following standards:
(a) 
Density. Density shall be calculated on the gross tract area which shall be multiplied by the appropriate density factor given below to determine the number of lots allowed:
District
Density Adjustment Factor
R-100
2.5
R-120
1.9
R-3/2
0.32
R-5/2
0.20
R-10/2
0.10
(b) 
Open space.
[1] 
All areas reserved for permanent open space shall be suitable for their intended purpose and shall be at a location and of a shape and size as approved by the Board. Open space areas shall include not less than 25% of the tract in the R-3/2 Zone, 50% in the R-5/2 zone and 70% in the R-10/2 Zone. In the R-100 Zone, open space shall not be less than the difference between the total required lot area (number of proposed lots times the conventional lot size requirement) and the proposed lot area (the sum of the area of the proposed clustered lots).
[2] 
Provisions shall be made to ensure the continued maintenance of any open space not dedicated to the Township in accordance with § 243-82.

§ 243-68 Garden apartment and townhouse residential development.

[Amended 8-5-1998 by Ord. No. 1998-21]
A. 
Intent. The intent of the townhouse and garden apartment residential zone is to provide multifamily housing options, while at the same time assisting the Township in meeting its affordable housing obligation through a rehabilitation program. Within the R-MF Zone, new multifamily development will be allowed only as part of an inclusionary development in which a payment in lieu of construction of the required affordable units will be made to the Township Affordable Housing Trust Fund for the rehabilitation of substandard housing occupied by income-qualified households in the Township or for any other method of providing affordable housing as allowed and regulated by the Council on Affordable Housing. Funds for the Affordable Housing Trust shall be provided at the rate of one unit at $20,000 per unit, per gross acre of the tract.
B. 
The requirements of Article XVII related to lower-income housing units shall be complied with when an inclusionary development is proposed.
C. 
Provisions and requirements. The following provisions shall be satisfied before a multifamily use shall be approved:
(1) 
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.
(2) 
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.
(3) 
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.
[1]
Editor's Note: Area, lot and bulk regulations for the R-MF Zone are set forth in the Schedule of Area, Lot and Bulk Regulations, included as an attachment to this chapter.
(4) 
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.
(5) 
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.
[Amended 6-23-2003 by Ord. No. 2003-11]
(6) 
Building setbacks and distances between buildings.
(a) 
Within the tract, buildings shall be set back from the curbline of private roads or the right-of-way line of public streets the following distances:
[1] 
From major internal roadway: 40 feet.
[2] 
From minor roadway/driveway: 20 feet.
[3] 
From parking area: 10 feet.
(b) 
Minimum distance* between buildings shall be:
[1] 
From front to front: 35 feet.
[2] 
From front to side: 35 feet.
[3] 
From front to rear: 50 feet.
[4] 
From front to side: 25 feet.
[5] 
From side to rear: 35 feet.
[6] 
From rear to rear: 50 feet.
*NOTE: Where building faces are not parallel, at least 80% of the facing facades shall meet the minimum required setback; but at no time shall the distance between buildings be reduced below 80% of the minimum requirement.
(c) 
No dwelling unit shall be closer than 50 feet to any community center/recreation building complex.
(7) 
Units per building.
(a) 
No single building may contain more than 10 townhouse units or 12 garden apartment units (for garden apartments, the number of units in a building shall be considered those which share a common entrance in a discrete building component).
(b) 
No building facade shall continue in the same plane for a length of more than 100 feet without offsets totaling at least five feet, and, in any case, all attached buildings or building components shall be so arranged that, when viewed from any one direction, the overall length (even though not at the same plane) shall not exceed 240 feet.
(c) 
All units within a building shall have at least two different exposures to allow for cross-ventilation and emergency egress.
(d) 
Dwelling units in basements are prohibited.
(8) 
Open space and recreation.
(a) 
At least 30% of the development tract shall be planned and maintained as common open space for recreation use, nature conservation areas, decorative landscaping and/or community serving facilities, not counting as common open space any lands in townhouse lots or street and parking areas. Not more than 1/5 of common space provided may be devoted to a community center/recreation building complex and associated parking areas; at least 1/4 of the common open space shall be developed for active recreation, including but not limited to playing fields, tennis, boccie or basketball courts, tot-lots, trails, gazebos and community garden plots.
(b) 
Common open space and recreation facilities shall be governed and regulated by the provisions of § 243-82.
(9) 
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.
(10) 
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.
(11) 
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.
[Added 6-23-2003 by Ord. No. 2003-11]
D. 
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. Each townhouse unit shall be provided with an area suitable for the installation of laundry and clothes-drying equipment.
E. 
Storage facilities. A minimum of 400 cubic feet of storage space shall be provided for the use of the tenants of each residential garden apartment unit within the same building as said residential unit is located. Such storage space shall be specifically allocated among the tenants. Each townhouse unit shall be provided with a minimum of 400 cubic feet of storage space, other than normal closet area.
F. 
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 landlords use in conformance with state standards.

§ 243-68.1 MFI Multifamily Inclusionary Zone.

[Added 12-30-2009 by Ord. No. 2009-15]
A. 
Intent. The intent of the multifamily inclusionary residential zone is to provide multifamily housing options, while at the same time assisting the Township in meeting its affordable housing obligation through an inclusionary zoning program. Within the MFI Zone, new multifamily development will be allowed only as part of an inclusionary development in which affordable units will be constructed for occupancy by income-qualified households as allowed and regulated by the Council on Affordable Housing (COAH).
B. 
Permitted principal use: Multifamily residential dwellings.
C. 
Permitted accessory uses shall be as follows:
(1) 
Sales or rental office.
(a) 
A sales/rental office of a temporary nature is permitted. Such temporary office shall not extend beyond the occupancy of the last dwelling in the project.
(b) 
A permanent sales or rental office may be provided within the multifamily inclusionary development provided the office shall not be used as a dwelling.
(c) 
Such sales/rental office shall be used only for the sale or rental of dwellings within the multifamily inclusionary development.
(2) 
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.
(3) 
Construction office and/or trailer during the time the project is being constructed.
(4) 
The following uses shall be exclusively and solely devoted to the use and benefit of the residents of the multifamily inclusionary development:
(a) 
Off-street parking areas and garages.
(b) 
Maintenance facilities.
(c) 
Utility facilities.
(d) 
Fences.
(e) 
One nonilluminated identification sign for each entrance, provided that the sign shall not exceed 32 square feet in area and is located not less than 10 feet from any street line or 15 feet of an adjacent property line. The height of such a sign shall be limited to five feet.
D. 
Provisions and requirements. The following provisions shall be satisfied before a multifamily inclusionary development is approved:
(1) 
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.
(2) 
Location of buildings. All dwellings and other buildings within the development shall have frontage on and vehicular access to an internal roadway.
(3) 
Open space. Open space and recreation facilities shall be governed and regulated by the provisions of § 243-82 and the following requirements:
(a) 
At least 40% of the development tract shall be planned and maintained as open space for public or private recreational use, nature conservation areas, stormwater detention or retention, decorative landscaping and/or community-serving facilities, not counting as open space any lands in internal roadways, drives and parking areas except as provided for in § 243-68.1D(3)(c) below.
(b) 
At least 50% of the open space shall be common open space as defined in § 243-5.
(c) 
Not more than 20% of common open space provided may be devoted to a community center/recreation building complex and associated parking areas; and at least 25% of the common open space shall be developed for active recreation, such as swimming pools, playing fields, tennis, bocce or basketball courts, tot-lots, trails, gazebos and community garden plots.
E. 
General requirements. Every multifamily inclusionary development shall be designed in accordance with the standards set forth in the appropriate sections of the Zoning and Land Use regulations of Lopatcong Township pertaining to subdivision and site plan approval except that in addition the following requirements shall apply:
(1) 
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:
(a) 
Ownership units: maximum six dwelling units per gross acre.
(b) 
Rental units: maximum 12 dwelling units per gross acre.
(2) 
Unit type. Garden apartment, as defined in the Zoning and Land Use ordinance of Lopatcong Township.
(3) 
Area and bulk requirements. The following requirements shall apply to the entire contiguous portion of the tract:
(a) 
Total land area. Any site plan for the development of multifamily units shall not be approved unless the property consists of a minimum of 15 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 and the development shall be designed as a single entity.
(b) 
Lot frontage: 300 feet minimum.
(c) 
Coverage: The maximum lot coverage shall be 60% of the tract area. Building coverage is not regulated in the MFI Zone.
(d) 
Yards (minimum).
[1] 
Principal buildings:
[a] 
Front: 100 feet from Route 22 right-of-way; 50 feet elsewhere.
[b] 
One side: 50 feet.
[c] 
Both sides: 100 feet.
[d] 
Rear: 50 feet.
[2] 
Accessory structures.
[a] 
Side: 25 feet.
[b] 
Rear: 25 feet.
(e) 
Height (maximum for all structures):
[1] 
Feet: 45.
[2] 
Stories: three.
(4) 
Building setbacks and distances between buildings.
(a) 
Within the tract, buildings shall be set back from the curb line of private roads or the right-of-way line of public streets the following distances:
[1] 
From internal roadway or drive: 35 feet.
[2] 
From parking area: 15 feet.
(b) 
Minimum distance between buildings shall be:
[1] 
Front to front: 35 feet.
[2] 
Front to side: 35 feet.
[3] 
Front to rear: 50 feet.
[4] 
Side to side: 25 feet.
[5] 
Side to rear: 35 feet.
[6] 
Rear to rear: 50 feet.
(c) 
No dwelling unit shall be closer than 50 feet to any community center/recreation building complex.
(5) 
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.
(6) 
Unit and building requirements.
(a) 
No single building may contain more than 24 garden apartment units. The number of units in a building shall be considered those which share a common entrance in a discrete building component.
(b) 
No building facade shall continue in the same plane for a length of more than 100 feet without offsets or building projections from the plane totaling at least five feet, and, in any case, all buildings or building components shall be so arranged that, when viewed from any one direction, the overall length (even though not at the same plane) shall not exceed 240 feet.
(c) 
Dwelling units in basements are prohibited.
(7) 
Improvements and utilities.
(a) 
All utility lines, including power, telephone and cable television lines, shall be installed underground and adequately shielded.
(b) 
Television antennas mounted on the exterior of buildings shall not be permitted.
(c) 
Fire hydrants shall be installed by the developer in adequate number and at locations recommended by the Township Engineer and Fire Chief.
(d) 
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.
(e) 
All site improvements shall conform to residential site improvement standards (N.J.A.C. 5:21-1 et seq.).
(8) 
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.
(9) 
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.
(10) 
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.
F. 
Refuse collection. Included in the development application for any 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.
G. 
Affordable housing requirements. All units developed for sale or rental to qualified low- and moderate-income households shall comply with all applicable provisions of COAH's Substantive Rules (N.J.A.C. 5:97-1 et seq.) and Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and the following:
(1) 
The requirements of Article XVII, "Low- and Moderate-Income Housing" of the Zoning and Land Use ordinance of Lopatcong Township.
(2) 
The affordable units may be for-sale units (ownership) or rental units, at the developer's option.
(3) 
Minimum affordable housing set aside:
(a) 
Ownership units: 25% of the units developed in the project.
(b) 
Rental units: 20% of the units developed in the project.
(4) 
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.
(5) 
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.
(6) 
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.).
H. 
Morris Canal buffer. The developer shall provide a buffer from the portion of the former Morris Canal located on adjoining Lot 2 in Block 102. The width of the buffer and any additional requirements shall be as prescribed by the Warren County Planning Department.

§ 243-68.2 MFI II Multifamily Inclusionary Zone.

[Added 12-6-2017 by Ord. No. 2017-09]
A. 
Intent. The intent of the MFI II Multifamily Inclusionary Zone is to provide multifamily housing options, while at the same time assisting the Township in meeting its affordable housing obligation through an inclusionary zoning program. Within the MFI II Zone, new multifamily development will be allowed only as part of an inclusionary development in which affordable units will be constructed for occupancy by income-qualified households pursuant to the regulations established by the Council on Affordable Housing (COAH), court order or other state agency as may be established by legislation or executive order.
B. 
Permitted principal uses:
(1) 
Multifamily dwellings, as defined in the Lopatcong Township Zoning and Land Use Ordinance § 243-5.
(2) 
Multifamily age-restricted dwellings, as defined in the Lopatcong Township Zoning and Land Use ordinance § 243-5.
C. 
Permitted accessory uses shall be as follows:
(1) 
Sales or rental office.
(a) 
A sales/rental office of a temporary nature is permitted. Such temporary office shall not extend beyond the occupancy of the last dwelling in the project.
(b) 
A permanent sales or rental office may be provided within the multifamily inclusionary development, provided the office shall not be used as a dwelling.
(c) 
Such sales/rental office shall be used only for the sale or rental of dwellings within the multifamily inclusionary development.
(2) 
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.
(3) 
Construction office and/or trailer during the time the project is being constructed.
(4) 
The following uses shall be exclusively and solely devoted to the use and benefit of the residents of the multifamily inclusionary development:
(a) 
Off-street parking areas and garages.
(b) 
Maintenance facilities.
(c) 
Utility facilities.
(d) 
Fences.
(e) 
One nonilluminated identification sign for each entrance, provided that the sign shall not exceed 32 square feet in area and is located not less than 10 feet from any street line or 15 feet from an adjacent property line. The height of such a sign shall be limited to five feet.
D. 
Provisions and requirements. The following provisions shall be satisfied before a multifamily inclusionary development is approved:
(1) 
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.
(2) 
Location of buildings. All dwellings and other buildings within the development shall have frontage on and vehicular access to an internal roadway.
(3) 
Open space. Open space and recreation facilities shall be governed and regulated by the provisions of § 243-82 and the following requirements:
(a) 
At least 40% of the development tract shall be planned and maintained as open space for public or private recreational use, nature conservation areas, stormwater detention or retention, decorative landscaping and/or community-serving facilities; not counting as open space are any lands in internal roadways, drives and parking areas, except as provided for in § 243-68.2D(3)(c) below.
(b) 
At least 50% of the open space shall be common open space, as defined in § 243-5.
(c) 
Not more than 20% of common open space provided may be devoted to a community center/recreation building complex and associated parking areas, and at least 25% of the common open space shall be developed for active recreation, such as swimming pools, playing fields, tennis, bocce or basketball courts, tot lots, trails, gazebos and community garden plots.
E. 
General requirements. Every multifamily inclusionary development shall be designed in accordance with the standards set forth in the appropriate sections of the Zoning and Land Use regulations of Lopatcong Township pertaining to subdivision and site plan approval, except that in addition the following requirements shall apply:
(1) 
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:
(a) 
Ownership units: maximum six dwelling units per gross acre.
(b) 
Rental units: maximum 12 dwelling units per gross acre.
(2) 
Unit type and mix.
(a) 
Garden apartment, as defined in the Lopatcong Township Zoning and Land Use ordinance § 243-5.
(b) 
Multifamily age-restricted units, as defined in the Lopatcong Township Zoning and Land Use Ordinance § 243-5. The development shall contain at least 50 age-restricted units.
(3) 
Area and bulk requirements. The following requirements shall apply to the entire contiguous portion of the tract:
(a) 
Total land area. Any site plan for the development of a tract of land pursuant to this section shall not be approved unless the property consists of a minimum of 15 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, and the development shall be designed as a single entity.
(b) 
Lot frontage: 300 feet minimum.
(c) 
Coverage: The maximum lot coverage shall be 60% of the tract area. Building coverage is not regulated in the MFI II Zone.
(d) 
Yards (minimum).
[1] 
Principal buildings:
[a] 
Front: 100 feet from Route 57 right-of-way; 50 feet elsewhere.
[b] 
One side: 50 feet.
[c] 
Both sides: 100 feet.
[d] 
Rear: 50 feet.
[2] 
Accessory structures.
[a] 
Side: 25 feet.
[b] 
Rear: 25 feet.
(e) 
Height (maximum for all structures):
[1] 
Multifamily age-restricted dwelling: 55 feet / 4 stories
[2] 
Multifamily dwelling: 45 feet / 3 stories
(4) 
Building setbacks and distances between buildings.
(a) 
Within the tract, buildings shall be set back from the curbline of private roads or the right-of-way line of public streets the following distances:
[1] 
From internal roadway or drive: 25 feet.
[2] 
From parking area: 15 feet.
(b) 
Minimum distance between buildings shall be:
[1] 
Front to front: 35 feet.
[2] 
Front to side: 35 feet.
[3] 
Front to rear: 50 feet.
[4] 
Side to side: 25 feet.
[5] 
Side to rear: 35 feet.
[6] 
Rear to rear: 50 feet.
(c) 
No dwelling unit shall be closer than 45 feet to any community center/recreation building complex.
(5) 
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.
(6) 
Unit and building requirements.
(a) 
No single multifamily dwelling may contain more than 25 garden apartment units. The number of units in a building shall be considered those which share a common entrance in a discrete building component.
(b) 
No single multifamily age-restricted dwelling may contain more than 60 units. The number of units in a building shall be considered those which share a common hallway, stair and elevator access.
(c) 
No building facade shall continue in the same plane for a length of more than 100 feet without offsets or building projections from the plane totaling at least five feet, and, in any case, all buildings or building components shall be so arranged that, when viewed from any one direction, the overall length (even though not at the same plane) shall not exceed 240 feet.
(d) 
Dwelling units in basements are prohibited.
(7) 
Improvements and utilities.
(a) 
All utility lines, including power, telephone and cable television lines, shall be installed underground and adequately shielded.
(b) 
Television antennas mounted on the exterior of buildings shall not be permitted.
(c) 
Fire hydrants shall be installed by the developer in adequate number and at locations recommended by the Township Engineer and Fire Chief.
(d) 
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.
(e) 
All site improvements shall conform to residential site improvement standards (N.J.A.C. 5:21-1 et seq.).
(8) 
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.
(9) 
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.
(10) 
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.
F. 
Refuse collection. Included in the development application for any 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.
G. 
Affordable housing requirements. All units developed for sale or rental to qualified low- and moderate-income households shall comply with all applicable provisions of COAH's Substantive Rules and Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and the following:
(1) 
The requirements of Article XVII, Low- and Moderate-Income Housing, of the Zoning and Land Use ordinance of Lopatcong Township.
(2) 
The affordable units may be for-sale units (ownership) or rental units, at the developer's option.
(3) 
Minimum affordable housing set-aside:
(a) 
Ownership units: 25% of the units developed in the project.
(b) 
Rental units: 20% of the units developed in the project.
(c) 
Low- and moderate-income housing units shall be built in accordance with the following schedule:
Minimum Percentage of Low- and Moderate-Income Units Completed
Percentage of Market Housing Units Completed
0%
25%
10%
25% + 1 unit
50%
50%
75%
75%
100%
90%
100%
(d) 
A newly constructed unit is considered complete when the certificate of occupancy is issued.
(4) 
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.
(5) 
The tract shall comply in all ways with COAH's site suitability criteria as set forth in its Substantive Rules.
(6) 
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.).
H. 
The provisions of § 243-78.1C, Stream Corridor Protection, shall not be applicable in the MFI II Zone.

§ 243-69 Senior citizen bonus option.

A. 
Intent. It is the intent of the Township to allow a density bonus to encourage the provision of senior citizen housing within garden apartment and townhouse residential developments. Because such housing generally has fewer persons per household and fewer service needs, a density bonus may be provided without an adverse impact on community facilities and infrastructures.
B. 
Density. One additional unit per acre will be allowed for that portion of a residential development restricted solely to senior citizen households as defined in § 243-5.
C. 
Resale/rerental restrictions. Projects or portions thereof approved with a senior citizen bonus component will be subject to resale/rerental restrictions to ensure the continuation of the age restrictions. Prior to final approval, the applicant shall submit for the review and approval of the Board Attorney the agreements and covenants restricting the future sale or rental to qualified households.

§ 243-70 Senior citizen housing.

[Amended 11-1-2000 by Ord. No. 2000-33; 12-5-2001 by Ord. No. 2001-35; 3-6-2002 by Ord. No. 2002-7]
A. 
Intent. The intent of this section is to encourage housing options which will specifically address the special needs of older residents within a residential complex of one-family dwellings and/or duplex units and may include such common support facilities as a community building, active and passive recreation facilities, housekeeping and exterior maintenance services.
[Amended 4-7-2004 by Ord. No. 2004-5]
B. 
Permitted principal use: Single-family detached dwellings and duplex units, with attached garages.
[Amended 4-7-2004 by Ord. No. 2004-5]
C. 
Permitted accessory uses shall be as follows:
(1) 
Model home(s) for dwellings to be sold only within the project.
(2) 
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.
(3) 
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.
(4) 
Construction office and/or trailer during the time the project is being constructed.
(5) 
The following uses exclusively and solely devoted to the use and benefit of the residents of the senior citizen housing development.
(a) 
Parking areas for the following:
[1] 
Off-street parking areas.
[2] 
Storage of recreational vehicles and trailers.
(b) 
Maintenance facilities.
(c) 
Utility facilities.
(d) 
Fences.
(e) 
One nonilluminated identification sign for each entrance, provided that the sign shall not exceed 10 square feet in area and is located not less than 10 feet from any street line or 15 of an adjacent property line.
D. 
Provisions and requirements. The following provisions shall be satisfied before a senior citizen housing complex shall be approved.
(1) 
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.
(2) 
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.
(3) 
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.
[Amended 4-7-2004 by Ord. No. 2004-5]
(4) 
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.
E. 
General requirements. Every senior citizen development shall be designed in accordance with the standards set forth in the appropriate sections of the Zoning and Land Use regulations of Lopatcong Township pertaining to subdivision and site plan approval, except that in addition the following requirements shall apply:
(1) 
Density. Density shall be calculated by multiplying the gross tract size by 4.5 units per acre.
(2) 
Unit type. Single-family detached dwellings and duplex units, provided no more than one dwelling or unit shall be permitted on any one lot.
[Amended 4-7-2004 by Ord. No. 2004-5]
(3) 
Bedroom mix. The number of bedrooms shall not exceed two per unit.
(4) 
Area and bulk requirements.
(a) 
Entire tract. The following requirements shall apply to the entire contiguous portion of the tract:
[1] 
Yards shall be as follows:
[a] 
Lot frontage: 300 feet.
[b] 
Front yard: 80 feet, except that dwellings with frontage on the portion of Edward Street that lies between Fourth Street and Sixth Street, the front yard shall be a minimum of 25 feet.
[Amended 4-7-2004 by Ord. No. 2004-5]
[c] 
Buffer: a minimum width of 50 feet around the perimeter of the entire tract, except along that portion of Edward Street that lies between Fourth Street and Sixth Street no buffer shall be required.
[Amended 4-7-2004 by Ord. No. 2004-5]
[2] 
Coverage.
[a] 
Maximum building coverage: 25%.
[b] 
Maximum lot coverage: 55%.
[3] 
Maximum building height: 35 feet or two stories, whichever is less.
(b) 
Individual single-family building lots shall meet the following requirements:
[Amended 4-7-2004 by Ord. No. 2004-5]
[1] 
Minimum lot area.
[a] 
Interior lots: 5,500 square feet.
[b] 
Corner lots: 7,500 square feet.
[2] 
Maximum lot coverage: 50%.
[3] 
Lot frontage shall be a minimum of 50 feet.
[4] 
Lot width shall be a minimum of 55 feet.
[5] 
Lot depth shall be a minimum of 85 feet.
[6] 
Yards shall be as follows:
[a] 
Front yard: 25 feet.
[b] 
Rear yard: 20 feet.
[c] 
Side yard, aggregate: 15 feet.
[d] 
Side yard, single: five feet.
[7] 
Minimum distance between buildings: 15 feet.
[8] 
Uncovered decks open to the sky located at the first floor level of a principal structure may intrude a maximum of 10 feet into the rear yard setback.
[9] 
The required lot area for a residential building lot shall not include any portion of the lot which is within a required landscape buffer, stormwater detention/retention basin or any public or private easements containing utility poles or other structures located on or above the ground.
[10] 
No residential building shall be located within 20 feet of a detention basin or easement containing utility poles or other structures located on or above the ground.
(c) 
Individual duplex unit building lots shall meet the following requirements:
[Added 4-7-2004 by Ord. No. 2004-5]
[1] 
Minimum lot area.
[a] 
Interior lots: 4,500 square feet.
[b] 
Corner lots: 6,500 square feet.
[2] 
Maximum lot coverage: 50%.
[3] 
Lot frontage shall be a minimum of 37.5 feet.
[4] 
Lot width shall be a minimum of 45 feet.
[5] 
Lot depth shall be a minimum of 85 feet.
[6] 
Yards shall be as follows:
[a] 
Front yard: 25 feet.
[b] 
Rear yard: 20 feet.
[c] 
Side yard: zero on the attached side of a duplex unit.
[d] 
Side yard: 7.5 feet on the unattached side a duplex unit.
[7] 
Minimum distance between buildings: 15 feet.
[8] 
Uncovered decks open to the sky located at the first floor level of a principal structure may intrude a maximum of 10 feet into the rear yard setback.
[9] 
The required lot area for a residential building lot shall not include any portion of the lot which is within a required landscape buffer, stormwater detention/retention basin or any public or private easements containing utility poles or other structures located on or above the ground.
[10] 
No residential building shall be located within 20 feet of a detention basin or easement containing utility poles or other structures located on or above the ground.
(5) 
Utilities.
(a) 
All utility lines, including power, telephone and cable television lines, shall be installed underground and adequately shielded.
(b) 
Fire hydrants shall be installed by the developer in adequate number and at locations recommended by the Township Engineer and Fire Chief.
(6) 
Parking and loading.
(a) 
All parking shall conform to the requirements of Article IX, Parking Regulations, except as follows:
[1] 
Each dwelling unit will be furnished with an attached garage for at least one off-street parking space.
[2] 
One additional parking space shall be provided on the lot for guest parking.
[3] 
An additional .25 parking spaces shall be provided for public parking either on street or within public parking areas dispersed evenly and uniformly and conveniently throughout the tract.
[4] 
Detached garages are prohibited.
[5] 
Additional parking shall be provided at the community building with a minimum of one space per 200 square feet of building area.
[6] 
No boats or recreational vehicles shall be stored outside a dwelling.
(b) 
Location.
[1] 
Off-street parking facilities are permitted in any yard, provided that no parking area may be within 25 feet of a public or private road or within 50 feet of the exterior boundary of the property.
[2] 
Parking is prohibited within a required buffer area.
(7) 
Pedestrian circulation.
(a) 
There shall be an adequate system of pedestrian walks serving all the residential lots and recreation facilities within the development.
(b) 
Pedestrian walks shall be extended to and along adjoining residential streets to provide an integrated system of walks linking the development to the existing neighborhood.
(8) 
Landscaping.
(a) 
Purpose.
[1] 
Landscaping shall be provided as part of site plan and subdivision design. The design should preserve and enhance the identity of the site by integrating the natural and made elements of the development into a pleasing site character.
[2] 
The landscaping may include plant materials such as trees, shrubs, ground cover, perennials and annuals.
(b) 
Landscape plan. A landscaping plan shall be submitted with each subdivision/site plan application. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features, such as rock outcroppings, and other landscape elements. The plan shall identify the type size, quantity and location of all proposed plantings. Planting and construction details shall be provided. Existing natural vegetation which is to be retained shall be protected with fencing or by other approved means during and after construction.
[1] 
Protection of existing plantings. Every effort should be made to save fine specimen trees. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees. Protective barriers shall be installed around each plant and/or group of plants that are to remain on the site. The barriers shall be a minimum of four feet in height and constructed to be self supporting. The barriers shall remain in place until construction is completed.
[2] 
Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.
[3] 
Planting specifications. Deciduous trees shall be a minimum of 2 1/2 inches in caliper at planting. Evergreen trees shall be a minimum of six feet in height. All trees, shrubs and ground cover shall be planted according to acceptable horticulture standards. All planting shall be guaranteed for a minimum of one year or until all construction bonds for the development have been released.
[4] 
Slope plantings. All cuts and fills with slopes greater than one foot vertically to three feet horizontally shall be planted with ground covers which do not require mowing or other forms of intensive maintenance.
(9) 
Buffering.
(a) 
Screening. The buffer area required by § 243-70E(4)(a)[1][c] shall not contain any structures, buildings or improvements other than for necessary access into the interior of the tract as delineated and approved by the Planning Board.
(b) 
The buffer area shall contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 243-62.
(c) 
Parking areas, trash collection and utility areas and loading and unloading areas should be screened.
(10) 
Open space and recreation requirements.
(a) 
The developer of the senior citizen development shall set aside lands for active and passive recreation. A portion of the open space shall be developed for the following recreation activities.
[1] 
A community building or clubhouse shall contain a minimum of 1,000 square feet of floor area or at least 15 square feet of floor area for each dwelling unit, whichever is greater.
[2] 
Tennis courts.
[3] 
A swimming pool, with changing cabanas and a clubhouse of sufficient size to accommodate the residents of the senior citizen development.
[4] 
Horseshoe pits, bocci and shuffleboard courts.
[5] 
Walking paths suitably improved and linking all recreational amenities in the permanent open space area.
(b) 
The Board shall have the power to grant such exceptions from the above requirements as may be reasonable because of peculiar conditions pertaining to the land in question.
(c) 
All recreation facilities and community building(s) shall be fully operational prior to the issuance of building permits for 50% of the approved dwellings.
(11) 
Architectural diversity.
(a) 
No construction permit shall be issued for any detached dwelling if it is substantially alike in exterior design and appearance to abutting dwellings either existing or for which a construction permit has been issued or is pending.
(b) 
There shall be no less than six separate basic house designs included in a senior citizen housing development.
(c) 
The specific house designs for each lot need not be approved until construction permits are submitted. The developer shall have the responsibility to provide the Zoning Officer/Construction Official with sufficient information at any stage in the development process to assure that the provisions of this subsection are addressed throughout the development.
(12) 
Age restriction.
(a) 
Occupancy shall be limited to qualified senior citizen households.
(b) 
As a condition of preliminary and final site plan/subdivision approval, a developer of qualified senior citizen housing shall submit a certification or compliance acceptable to the Board Attorney which states that the developer is in compliance with the requirements of the Fair Housing Act of 1988 and the Housing for Older Persons Act of 1995 and will remain in compliance to the extent possible and feasible with such further amendments of the Fair Housing Act as are applicable.
(c) 
Prior to final site plan/subdivision approval, the developer shall submit for review and approval of the Board Attorney the agreement and covenants restricting the future sale or rental to qualified senior citizen households.

§ 243-70.1 Assisted living facilities.

[Added 11-1-2000 by Ord. No. 2000-33]
A. 
Intent. The intent of this section is to encourage housing options which address the need for transitional housing for seniors who can no longer live on their own and need some assistance with the tasks of daily living. Assisted living facilities shall provide individual apartment units containing, at a minimum, a private bedroom and bathroom; common dining; housekeeping and maintenance services; personal and health care services; and recreational and laundry services.
B. 
Provisions and requirements. The following provisions shall be satisfied before an assisted living facility shall be approved:
(1) 
Total land area. The minimum tract size for an assisted living facility shall be three acres.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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.

§ 243-70.2 Active Adult Residential Community (AARC).

[Added 12-29-2005 by Ord. No. 2005-27]
A. 
Intent. In accordance with Master Plan objectives, the intent of the active adult residential community is to provide a wider variety of age-restricted housing limited to active adults age 55 and greater. This is an inclusionary housing zone which will provide required affordable units on site in accordance with the Township's growth share for affordable units. Permitted housing types include townhouses and apartments for sale or rental.
B. 
Provisions and requirements. The following provisions shall be satisfied before an AARC use shall be approved.
(1) 
Minimum tract size of 50 acres.
(2) 
Maximum gross density of six dwelling units per acre.
(3) 
Two bidirectional roadway access points must be provided with a sidewalk on at least one side.
(4) 
All infrastructures (roadways, drainage systems, detention and retention basins, parking areas, etc.) must be privately owned and all new utility lines placed underground.
(5) 
A minimum of 40% of the gross tract area shall be open space as defined in this chapter.
(6) 
Maximum impervious coverage shall be 50% of the gross tract area.
(7) 
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.
(8) 
At a minimum, one unit of affordable housing shall be built on site for every eight market-rate units.
C. 
The following standards shall apply:
(1) 
Principal permitted uses on the land and in buildings.
(a) 
Townhouses.
(b) 
Apartments.
(c) 
Public conservation areas, public parks, public open space.
(2) 
Accessory uses permitted.
(a) 
Commercial swimming pools and other usual recreational facilities.
(b) 
Off-street parking and private garages.
(c) 
Fences and walls.
(d) 
Signs.
(e) 
Temporary construction and sales trailers, models, and one freestanding sign per entrance not exceeding 50 square feet, setting forth the name of the community. Trailers shall be located on the site where construction is taking place and are to be set back at least 30 feet from all street and curblines.
(f) 
Accessory uses customarily incidental to principal permitted uses, including clubhouses and other recreational facilities.
(3) 
Maximum building height.
(a) 
Townhouse buildings shall not exceed 35 feet and 2 1/2 stories in height, except that the permitted height may be increased to 40 feet on downhill units where walkout basements may or may not be provided.
(b) 
Apartment buildings shall not exceed 40 feet and three stories in height, except that the height and number of stories in an apartment building can be increased to 52 feet and 3 1/2 stories respectively if a parking garage is placed below the structure for off-street parking.
(c) 
Where a garage is provided beneath a building with apartment units for off-street parking, the garage shall not be considered a full story if more than 1/2 its height is below the average finished grade level of the ground adjacent to those foundation walls that are buried below grade.
(4) 
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.
(5) 
Building setback and distances between buildings.
(a) 
Within the tract, townhouses and apartment buildings shall be set back from the curbline of private roads or common parking areas the following distances:
[1] 
From internal roads: 20 feet.
[2] 
From common parking area: 12 feet.
(b) 
Minimum distance* between buildings shall be:
[1] 
From front to front: 75 feet.
[2] 
From front to side: 35 feet.
[3] 
From front to rear: 75 feet.
[4] 
From side to rear: 35 feet.
[5] 
From rear to rear: 40 feet.
[6] 
From side to side: 20 feet.
*NOTE: Where building faces are not parallel, at least 80% of the facing facades shall meet the minimum required setback; but at no time shall the distance between buildings be reduced below 80% of the minimum requirement.
(c) 
No dwelling unit shall be closer than 50 feet to any community center/recreation building complex.
(6) 
Units per building. No single building may contain more than six townhouse units or 36 apartment units.
(7) 
No building facade shall continue in the same plane for a length of more than 75 feet without offsets totaling at least five feet.
(8) 
Minimum off-street parking.
(a) 
Each townhouse shall provide two garage parking spaces for each unit.
(b) 
Two parking stalls for each apartment unit shall be provided.
(c) 
Additional parking shall be provided at a ratio of a minimum of 0.25 space for each dwelling unit, for guest parking, and shall be dispersed evenly and uniformly and conveniently throughout the tract. Common parking areas may be utilized to satisfy this requirement.
(d) 
Additional parking shall be provided at the clubhouse or community building with a minimum of one space/200 square feet of building area.
(e) 
There shall be no parking of recreational vehicles or boats except in a designated parking area for such vehicles if approved by the Planning Board.
(9) 
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.
(10) 
Buffers and landscaping.
(a) 
A landscaped buffer to effectively screen the dwellings shall be located along any tract boundary line of an active adult residential community, except that the buffer shall not be required in areas where the closest existing dwelling unit is at least 200 feet from the property line otherwise to be buffered. The buffer may contain a berm at least four feet in height and shall be planted with at least a double staggered row of evergreen trees, 12 feet on center and at least six feet in height when planted so that at maturity the plant material will be no closer than three feet from any property line. As an option, the buffer planting may consist of an area at least 100 feet in width of existing vegetation and/or a naturalized planting of coniferous trees, shade trees, flowering trees and deciduous and evergreen shrubs subject to the review and approval of the approving board. An undisturbed buffer of at least 100 feet in width along the property line shall be provided adjacent to the abandoned Morris Canal.
(b) 
Landscaping plan. A landscaping plan shall be submitted with each site plan application, unless an exception is granted. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscaping elements. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.
(c) 
Protection of existing plantings. Maximum effort should be made to save fine specimens (because of size or relative rarity). No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
(11) 
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%.
(12) 
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.
(13) 
Architecture and construction.
(a) 
The architecture employed shall be aesthetically congruous among structures, phases and sections of the development.
(b) 
All exteriors of building perimeter walls shall be of wood, brick, stone, vinyl siding or other accepted durable material provided, however, that asbestos shingle or cinder block as an exterior finish is prohibited.
(c) 
The exterior of accessory structures shall harmonize architecturally with and be constructed of materials of like character to those used in principal structures.
(14) 
Age restrictions.
(a) 
Each dwelling unit in the AARC 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 unless they are the spouse of a permanent resident 55 years of age or older. A permanent resident is an individual who resides in a dwelling three months or more in a twelve-month period. Temporary residents who reside three months or less in a given twelve-month period do not need to meet the above age criteria.
(b) 
Certification of compliance. As a condition of preliminary and final site plan/subdivision approval, a developer in the AARC District shall submit a certification of compliance with the requirements of the Fair Housing Act of 1988 and the Housing for Older Persons Act as are applicable. The certification of compliance shall also contain a hold harmless and indemnification provision protecting the Township of Lopatcong 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 Act of 1988 and amendments thereto.
(c) 
Prior to the issuance of certificates of occupancy and as a condition of an initial 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(14)(a) above, for residents of the AARC. Upon application for a certificate of occupancy, all prospective occupants of the respective residential units shall furnish conclusive proof of age, such as a certified birth certificate or valid driver's license to the Zoning Officer.

§ 243-71 AH Affordable Housing Zone.

A. 
Purpose. The purpose of the AH Zone is to provide a realistic opportunity for lower-income housing to be constructed within the guidelines set forth in the Mount Laurel II decision. Special standards and procedures applicable to these areas only are set forth herein to expedite the production of lower-income housing.
B. 
The requirements of Article XVII related to lower-income housing units shall be complied with.
C. 
Requirements for density and bulk. In general, the standards in § 243-68, Garden apartment and townhouse residential development, shall apply. However, the Board may waive or modify specific standards where it can be demonstrated that the waiver or modification will not impair the intent or purpose of the standard or adversely impact the health and safety of the future residents.
(1) 
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.
(2) 
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 243-72 PO Professional Office Zone.

The following regulations shall apply in the PO Professional Office Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
Office buildings for professional, executive and/or administrative purposes.
(2) 
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.
(3) 
Medical service and care facilities, hospital support services and nursing and convalescent homes.
[Amended 11-1-2000 by Ord. No. 2000-32]
(4) 
Professional office park developments.
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garage space for the storage of business vehicles used in conjunction with a permitted business use.
(2) 
Facilities and services which, in the opinion of the Board, are essential and subordinate to the operating of a permitted use.
(3) 
Signs in accordance with Article X.
(4) 
Off-street parking in accordance with Article IX.
C. 
Conditional uses shall be as follows: none.
D. 
Special provisions and requirements applicable in the PO Zone shall be as follows:
(1) 
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.
(2) 
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.
(3) 
Permitted research laboratories shall at no time result in or cause:
(a) 
Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, objectionable noise, glare, vibration or radiation.
(b) 
Hazard of fire, explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.
E. 
Area, lot and bulk regulations applicable to permitted uses and accessory uses are specified in Article XVI, Schedule of Area, Lot and Bulk Regulations.
F. 
Prohibited uses.
[Added 12-3-2003 by Ord. No. 2003-19]
(1) 
Outdoor bulk storage.
(2) 
Outdoor display of merchandise.

§ 243-73 RB Retail Business Zone.

The following regulations shall apply in the RB Retail Business Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
Single-family, two-family dwellings and duplexes as regulated in the R-75 Zone.
(2) 
Retail business establishments which are clearly of a community service character, such as but not limited to the following:
(a) 
Stores selling groceries, meats, baked goods and other such food items.
(b) 
Pharmacies.
(c) 
Stationery, tobacco, newspaper and flower shops.
(d) 
Restaurants, luncheonettes and confectionery stores.
(e) 
Hardware, paint, dry good, small appliance and furniture stores.
(f) 
Clothing, accessory and jewelry stores.
(3) 
Personal service establishments which are clearly of a community service character, such as but not limited to the following:
(a) 
Barber and beauty shops.
(b) 
Tailor shops and shoe repair shops.
(c) 
Business and professional offices.
(d) 
Banks and financial institutions.
(e) 
Establishments servicing goods such as those permitted above.
(f) 
Funeral homes.
(4) 
Municipal buildings, public schools, parks, playgrounds and recreation areas deemed necessary and appropriate by the Township, as regulated in the R-75 Zone.
(5) 
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.
(6) 
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.
(7) 
Hospital support services.
[Added 11-1-2000 by Ord. No. 2000-32]
B. 
Permitted accessory uses shall be as follows:
(1) 
All accessory uses permitted in § 243-66B.
(2) 
Private garage space for the storage of business vehicles used in conjunction with a permitted business use.
(3) 
Facilities and services which are essential and subordinate to the operation of a permitted use.
(4) 
Dwelling units accessory to a principal business use, provided that such dwelling is located in the same building with the principal use.
(5) 
Outdoor display of merchandise subject to the provisions of § 243-64.2.
[Added 12-3-2003 by Ord. No. 2003-19]
C. 
Conditional uses shall be as follows:
(1) 
Service stations (motor vehicle or automobile service stations, filling or gasoline stations, motor vehicle or automobile repair garages).
D. 
Special provisions and requirements applicable in the RB Zone shall be as follows:
(1) 
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.
(2) 
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.
(3) 
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.
E. 
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.
F. 
Prohibited uses.
[Added 12-3-2003 by Ord. No. 2003-19]
(1) 
Outdoor bulk storage except as permitted in § 243-64.2, Outdoor bulk storage and outdoor display of merchandise.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 243-74 HB Highway Business Zone.

The following regulations shall apply in the HB Highway Business Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
Farms.
(2) 
Retail and personal service establishments permitted in § 243-73A.
(3) 
All principal uses permitted in the PO Zone, § 243-72A.
(4) 
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.
[Amended 11-1-2000 by Ord. No. 2000-28; 12-1-2004 by Ord. No. 2004-18; 7-6-2011 by Ord. No. 2011-07; 11-2-2011 by Ord. No. 2011-15]
(5) 
Commercial indoor and outdoor recreation facilities.
(6) 
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:
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No. 2011-15]
(a) 
Solar panels shall be permitted as a rooftop installation provided that no part of the solar panel or associated equipment shall exceed a height of eight inches above the roof surface if installed on a sloped roof or three feet if installed on a flat roof. In no event shall the placement of the solar panels result in a total height including building and panels than that which is permitted in the zoning district where the panels are located.
(b) 
Solar panels shall be permitted as ground arrays in accordance with the following:
[1] 
All ground arrays shall meet the setback requirements for accessory structures of the zone district in which the property is located.
[2] 
Ground arrays shall not be permitted in a front yard.
[3] 
Ground arrays shall be located so that any glare is directed away from an adjoining property.
[4] 
Ground arrays shall not exceed a height of six feet if constructed over gravel, concrete or other impervious surface and shall not exceed a height of eight feet if constructed over grass or other vegetative ground cover.
(c) 
If natural screening does not exist, evergreen screening shall be planted to provide a visual buffer as necessary from the street view or adjacent residential properties, installed at a minimum height of eight feet, with appropriate plant species and in a design as required by the approving Board. The buffer screening shall be planted in such a manner that it does not impair the functionality of the system.
(d) 
All electrical wires servicing a ground-mounted solar system, other than the wires necessary to interconnect the solar panels and the grounding wires, shall be located underground.
(e) 
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
(f) 
The installation of a solar energy system shall be in compliance with the National Electric Code as adopted by the NJ Department of Community Affairs.
(g) 
Energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility servicing the parcel.
B. 
Permitted accessory uses shall be as follows:
(1) 
Private garage space for storage of business vehicles used in conjunction with a permitted business use.
(2) 
Facilities and services which are essential and subordinate to the operation of a permitted use.
(3) 
Signs in accordance with Article X.
(4) 
Off-street parking in accordance with Article IX.
(5) 
Outdoor displays of merchandise subject to the provisions of § 243-64.2B.
[Added 12-3-2003 by Ord. No. 2003-19]
C. 
Conditional uses shall be as follows:
(1) 
Service stations: motor vehicle or automobile service stations, filling or gasoline stations or motor vehicle or automobile repair garages.
(2) 
Advertising signs.
[Added 2-19-1992 by Ord. No. 1992-05]
(3) 
Massage, bodywork and somatic therapy.
[Added 3-4-2009 by Ord. No. 2009-01]
D. 
Special provisions and requirements applicable in the HB Zone shall be as follows:
(1) 
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.
(2) 
Joint driveways. Wherever practical, driveways shall be located at the side property line to allow joint use of access with the adjacent property.
(3) 
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.
(4) 
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.
(5) 
Permitted industrial uses shall at no time result in or cause:
(a) 
Dissemination of dust, smoke, observable gas, fumes or odors or other atmospheric pollution, objectionable noise, glare, vibration or radiation.
(b) 
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.
E. 
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.
F. 
Prohibited uses.
[Added 12-3-2003 by Ord. No. 2003-19]
(1) 
Outdoor bulk storage except as permitted in § 243-64.2, Outdoor bulk storage and outdoor display of merchandise.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 243-75 ROM Research Office and Manufacturing Zone.

[Amended 2-19-1992 by Ord. No. 1992-05; 2-3-1999 by Ord. No. 1999-02; 11-1-2000 by Ord. No. 2000-28]
The following regulations shall apply in the ROM Research Office and Manufacturing Zone:
A. 
Permitted principal uses shall be as follows:
(1) 
Farms.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(2), regarding warehouse and distribution centers, was repealed 4-7-2021 by Ord. No. 2021-02.
(3) 
Industry which involves only the processing, assembly, packaging or storage of previously refined materials, such as but not limited to the following industries:
(a) 
Manufacturing of light machines.
(b) 
Fabrication of products made of metal, wood, paper, cement or concrete.
[Amended 12-3-2003 by Ord. No. 2003-19]
(c) 
Assembly of electronic components.
(d) 
Dairy foods, fruits, vegetables, baked goods, cereals and grains.
(e) 
Printing and publishing.
(4) 
Offices for business, executive, professional and administrative purposes.
(5) 
Computer and data processing centers.
(6) 
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.
(7) 
Integrated industrial/office park development.
(8) 
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.
(9) 
Hospital support services.
[Added 11-1-2000 by Ord. No. 2000-32]
(10) 
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:
[Added 12-1-2004 by Ord. No. 2004-18]
(a) 
Minimum lot area shall be 15 acres.
(b) 
The rental storage area shall be a minimum of 80,000 square feet.
(c) 
No storage shall be permitted out of doors except for a designated storage area for boats on trailers and recreational vehicles, which area shall not exceed 10% of the developable area of the site.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d) 
Mini-warehouses and self-storage facilities shall provide for the dead storage of customer's goods and materials only. No business activity other than the rental of storage space and the sale of packing materials associated with moving and/or storage of goods and materials shall be permitted.
(e) 
One operational manager's office shall be permitted as an accessory use to the principal use of the mini-storage or self-storage warehousing use.
(f) 
The lot containing the mini-warehouse/self-storage use shall be located on and accessed from a collector or arterial roadway. Vehicular access from a local street serving residential uses is prohibited.
(g) 
The minimum front yard shall be 100 feet. The minimum rear and side yards shall be 75 feet; provided, however, that the minimum rear and side yards may be 50 feet when the facility is located adjacent to a nonresidential building in a nonresidential zone. All other requirements for the district, including but not limited to floor area ratio, building coverage, maximum impervious surface, building height and minimum buffer requirements shall apply.
(h) 
All yards shall be landscaped to provide appropriate visual screening and/or buffering from residential developments within 500 feet of the facility. The visual screening may include masonry walls, decorative fencing and/or planted screening. Planted screening shall consist of a twenty-foot-wide staggered row of evergreen trees 10 feet on center and other plant materials to provide a visual screen. Where existing specimen trees or other mature vegetation serves as a planted screen, supplemental plant materials can be provided as needed to affect a visual screen in lieu of the twenty-foot wide evergreen screen.
(i) 
Facades of all structures abutting residential zones or residential uses or within 500 feet of a residential zone or use shall be constructed of materials which are of brick, decorative masonry, finished wood, or a combination of materials which will be compatible with the uses in the area.
(j) 
No structures shall exceed 2 1/2 stories or 35 feet. All storage buildings of more than one story shall provide elevators for goods and materials to be stored. Buildings greater than one story shall provide one loading space for every 20,000 square feet of gross floor area of such building.
(k) 
Internal driveway aisles shall be a minimum of 24 feet with parking permitted on both sides of the driveway. A driveway aisle where access is only on one side may be a minimum of 20 feet in width.
(l) 
All outdoor lighting shall be shielded to direct light and glare only onto the premises and shall be only of sufficient intensity to discourage vandalism and theft.
(m) 
No mini-warehouse or self-storage unit doors shall be constructed to open to a public street or to a residential zone district.
(n) 
No outdoor storage of goods or materials shall be permitted except for a designated storage area for boats, recreational vehicles and other motorized vehicles, provided that such storage area does not exceed 10% of the developed self-storage area, is fenced and is screened from public roadways and residential uses within 500 feet of the boat, recreational and other motorized vehicle storage area. No repair or servicing of motorized vehicles shall be permitted except for minor repairs in order to make a stored vehicle mobile, such as repair of flat tires, changing of batteries or repair of required safety devices such as taillights, headlights and turning signals. The use of boats, recreational vehicles or other vehicles as a residence or for any habitation purposes shall be prohibited while the boat or vehicle is stored at the storage facility premises.
(o) 
Off-street parking shall include a minimum of one space for the operational manager's office, four visitor parking spaces at the operational manager's office, one parking space for each employee other than the operational manager during peak periods, plus one parking space per 2,000 square feet gross self-storage or mini-warehousing facility floor area. One loading space shall be provided for every 20,000 square feet of gross floor area of the storage facility.
(p) 
Trash receptacles and dumpsters shall be screened from public streets and adjacent residential uses utilizing masonry material similar to the facade of the building. Screening walls shall be of a masonry material that is compatible in character with the building material facade.
(q) 
All signs and advertising shall be in accordance with Article X of Chapter 243, Zoning and Land Use.
(r) 
Lopatcong Township prohibits the following uses in mini-warehouse/self-storage facilities:
[1] 
Auctions; commercial wholesale or retail sales and miscellaneous or garage sales.
[2] 
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.
[3] 
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.
[4] 
The establishment of a transfer and storage business.
[5] 
Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.
[6] 
The use or storage of hazardous chemicals and explosives.
(11) 
Flexible office/warehouse. A flexible office/warehouse facility that is designed exclusively for such use, subject to the following provisions:
[Added 12-1-2004 by Ord. No. 2004-18]
(a) 
The floor area of space dedicated to office use shall not exceed 40% of the total facility GFA.
(b) 
Loading areas shall be in the rear or side of a building. No loading area shall be located in the front of a building.
(c) 
Off-street parking shall be provided as follows:
[1] 
Office: one space for each 200 square feet of GFA.
[2] 
Warehouse: one space for each 800 square feet of GFA or 1.5 spaces for each employee on the maximum work shift, which ever provides for the greater number of parking spaces.
(12) 
Solar and photovoltaic energy facilities. Solar or photovoltaic energy facilities or structures shall be permitted, subject to the following provisions:
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No. 2011-15]
(a) 
Minimum lot area shall be 20 acres.
(b) 
Solar or photovoltaic energy facilities and structures shall not occupy any area beyond the required principal building setbacks for the zone in which the facility is to be located and they shall not be located within 200 feet of the boundary of a residential zone or residential use.
(c) 
No portion of solar or photovoltaic energy facilities and structures shall occupy areas of land designated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. A three-hundred-foot buffer shall be maintained from NJDEP designated Category One waters.
(d) 
No soil shall be removed from any site upon which solar or photovoltaic energy facilities and structures are to be constructed. Within areas containing prime farmland soils and farmland soils of statewide significance, as identified by the USDA Natural Resources Conservation Service, there shall be no concrete footings constructed to support solar or photovoltaic racking systems or other structures in order to more readily enable the potential future use of these areas for active agricultural uses. Concrete pads for inverters and similar equipment and concrete footings for security fencing may be constructed within areas containing these soils. Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to construct access roads and for construction of equipment pads.
(e) 
Solar or photovoltaic energy facilities and structures shall be screened from the public traveled way, preserved open space, preserved farmland and national- or state-registered historic resources or from adjoining residential uses or zones, with said screening by a combination of berms, landscaping and fencing.
(f) 
The maximum permitted vertical height above ground for solar energy panels shall be eight feet.
(g) 
All electrical wires servicing a ground-mounted solar system, other than the wires necessary to interconnect the solar panels and the grounding wires, shall be located underground.
(h) 
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
(i) 
The installation of a solar energy system shall be in compliance with the National Electric Code as adopted by the NJ Department of Community Affairs.
(j) 
Energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility servicing the parcel.
(k) 
A maintenance plan shall be submitted for the continuing maintenance of all plantings. All ground areas occupied by the solar energy facility or structure installation that are not utilized for access driveways shall be planted and maintained with low maintenance sun- and shade-tolerant grasses for the purpose of soil stabilization. The "OVN" seed mixture provided through the South Jersey Farmers Exchange (856-769-0062) is suitable for these purposes. It is a mixture of 40% perennial rye grass, 30% creeping fescue and 30% chewing fescue applied at a rate of five pounds per 1,000 square foot.
(l) 
A grading and drainage plan shall be submitted under the seal of a licensed professional engineer and shall provide the details to adequately demonstrate to the reviewing agency that no stormwater runoff or natural water shall be so diverted as to overload existing drainage systems or create flooding. Calculations shall be provided to adequately demonstrate that existing preconstruction stormwater runoff rates shall not be exceeded in the post development condition.
(m) 
Solar energy facilities and structures shall not result in reflective glare as viewed from second story level (20 feet above ground) on adjoining properties.
(n) 
Site plans and zoning permit applications for solar energy systems shall be accompanied by standard drawings of the solar panels, inverters, substations and any other required structures. The design shall be signed and sealed by a professional engineer, registered in the State of New Jersey, certifying that the design complies with all of the standards set forth in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.
(o) 
All photovoltaic facilities including all solar arrays and associated equipment shall be dismantled and removed promptly after 180 continuous days of nonuse. Applicants shall be required to submit a decommissioning plan at time of site plan application is filed for approval.
B. 
Permitted accessory uses shall be as follows:
(1) 
All accessory uses permitted in § 243-74B.
(2) 
Outdoor bulk storage subject to the provisions of § 243-64.2.
[Added 12-3-2003 by Ord. No. 2003-19]
(3) 
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:
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No. 2011-15]
(a) 
Solar panels shall be permitted as a rooftop installation provided that no part of the solar panel or associated equipment shall exceed a height of eight inches above the roof surface if installed on a sloped roof or three feet if installed on a flat roof. In no event shall the placement of the solar panels result in a total height including building and panels than that which is permitted in the zoning district where the panels are located.
(b) 
Solar panels shall be permitted as ground arrays in accordance with the following:
[1] 
All ground arrays shall meet the setback requirements for accessory structures of the zone district in which the property is located.
[2] 
Ground arrays shall not be permitted in a front yard.
[3] 
Ground arrays shall be located so that any glare is directed away from an adjoining property.
[4] 
Ground arrays shall not exceed a height of six feet if constructed over gravel, concrete or other impervious surface and shall not exceed a height of eight feet if constructed over grass.
(c) 
If natural screening does not exist, evergreen screening shall be planted to provide a visual buffer as necessary from the street view or adjacent residential properties, installed at a minimum height of eight feet, with appropriate plant species and in a design as required by the approving Board. The buffer screening shall be planted in such a manner that it does not impair the functionality of the system.
(d) 
All electrical wires servicing a ground-mounted solar system, other than the wires necessary to interconnect the solar panels and the grounding wires, shall be located underground.
(e) 
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
(f) 
The installation of a solar energy system shall be in compliance with the National Electric Code as adopted by the NJ Department of Community Affairs.
(g) 
Energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility servicing the parcel.
C. 
Conditional uses, subject to standards set forth in Article XV, Conditional Uses, shall be as follows:
[Amended 7-6-2011 by Ord. No. 2011-07; 11-2-2011 by Ord. No. 2011-15]
(1) 
Advertising signs.
(2) 
Asphalt-manufacturing facilities.
(3) 
Concrete-manufacturing facilities.
(4) 
Resource-recycling facilities.
D. 
Special provisions and requirements applicable in the ROM Zone shall be as follows:
(1) 
Permitted uses shall at no time result in or cause:
(a) 
Dissemination of dust, smoke, smog, observable gas or odors or other atmospheric pollution, objectionable noise, glare, vibration or radiation.
(b) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No. 2011-15]
(5) 
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.
[Added 7-6-2011 by Ord. No. 2011-07; amended 11-2-2011 by Ord. No. 2011-15]
E. 
Area, lot and bulk regulations applicable to permitted uses and accessory uses are specified in Article XVI, Schedule of Area, Lot and Bulk Regulations.
F. 
Telecommunications equipment and facilities.
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings or navigable waterways.
SEARCH AREA
That geographic area (which may or may not extend beyond municipal boundary lines) within which additional wireless telecommunications facilities are required to provide reliable and adequate coverage consistent with the licensing requirements of the FCC.
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
A fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers.
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT AND/OR TOWERS
Buildings and/or structures and equipment for the delivery of wireless telecommunications, except for satellite dish antennas. For purposes of this definition, wireless telecommunications structures, antennas, equipment and/or towers may be collectively referred to herein as wireless telecommunications facilities.
WIRELESS TELECOMMUNICATIONS TOWER
A vertical structure used to support wireless telecommunications antennas.
(2) 
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.
(3) 
Permitted use/conditional use treatment.
(a) 
Notwithstanding anything herein to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval and consistent with the visual compatibility requirements of this chapter, shall be a permitted use in all ROM Zone districts of the Township, except the portion of the ROM Zone along Belview Road.
(b) 
Notwithstanding anything herein to the contrary, wireless telecommunications towers consistent with the visual compatibility requirements and conditional use standards for the location of wireless telecommunications antennas or towers shall be a conditional use within the ROM Zone of the Township, except for that portion of the ROM Zone along Belview Road.
(4) 
Visual compatibility requirements.
(a) 
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be located, designed and screened to blend with the existing natural or built surroundings so as to minimize visual impacts through the use of color and camouflaging, architectural treatment, landscaping and other available means, considering the need to be compatible with neighboring residences and the character of the community.
(b) 
The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the Township Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 15 feet.
(c) 
A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of such antenna arrays, provided it is:
[1] 
Situated behind, existing structures, buildings or terrain features which will shield the wireless telecommunications compound from public view; or
[2] 
When a location out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center.
(5) 
Conditional use standards for the location of wireless telecommunications antennas or towers.
(a) 
An applicant desiring to construct wireless telecommunications antennas in the ROM Zone of the Township, except that portion of the ROM Zone along Belview Road, shall provide information making out a sufficient showing so as to:
[1] 
Present documentary evidence regarding the need for wireless telecommunications antennas at the proposed location. This information shall identify the wireless network layout and coverage areas to demonstrate the need for new equipment at a specific location within the Township.
[2] 
Provide documentary evidence that a good faith attempt has been made to locate the antennas on existing buildings or structures within the applicant's search area. Efforts to secure such locations shall be documented through correspondence by or between the wireless telecommunications provider and the property owner of the existing buildings or structures.
[3] 
Document the locations of all existing communications towers within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to collocate.
[4] 
Demonstrate efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Such demonstration shall include the block and lot of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence by or between the wireless provider and the property owner.
[5] 
Comply with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, Federal Aviation Administration (FAA) or any other governmental agency regulations or requirements.
(b) 
An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection F(5)(a) above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-65:
[1] 
Minimum lot size per ROM Zone bulk requirements.
[2] 
Minimum setback of wireless telecommunications tower from:
[a] 
Any property line: the ROM Zone setback requirements or tower height, whichever is greater.
[b] 
Any existing residence: 500 feet.
[c] 
Any wireless telecommunications tower: 2,640 feet.
[3] 
Minimum setback for equipment: The ROM Zone district setback requirements for an accessory structure.
[4] 
Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:
[a] 
Three or more vendors: 140 feet.
[b] 
Two vendors: 120 feet.
[c] 
Single vendor: 100 feet.
[5] 
Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.
(6) 
Site plan application requirements for the installation of wireless telecommunications towers.
(a) 
All site plan details required by this chapter shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.
(b) 
A landscape plan drawn to scale generally showing proposed landscaping, including species type, size, spacing, other landscape features and existing vegetation to be retained, removed or replaced.
(c) 
An environmental impact study.
(d) 
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the New Jersey Uniform Construction Code, including a description of the number and type of antennas it is designed to accommodate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(e) 
A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
(f) 
Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.
(g) 
A copy of the lease (with confidential or proprietary information redacted) or deed for the property.
(h) 
The wireless telecommunications tower shall be designed and constructed so as to accommodate a maximum but in no event less than two antenna arrays of separate telecommunication providers.
(7) 
Antenna modifications.
(a) 
Whenever antennas are modified, operators of wireless telecommunications facilities shall provide to Lopatcong Township a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the New Jersey Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b) 
Operators of wireless telecommunications facilities shall notify Lopatcong Township when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for 18 months shall be removed by the provider at its cost. This removal shall occur within 120 days of the end of such eighteen-month period. Upon removal, the site shall be cleared, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
(8) 
Collocation and shared facilities and sites.
(a) 
FCC-licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, collocating with other existing wireless facilities and accommodating the collocation of other future facilities where technically, practically and economically feasible.
(b) 
An FCC-licensed wireless telecommunications provider proposing a new wireless telecommunications facility shall demonstrate that it has made a reasonable attempt to find a collocation site acceptable to radio frequency engineering standards and that none was practically or economically feasible. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following:
[1] 
No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirements to provide reliable coverage.
[2] 
Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.
[3] 
The provider's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the provider's proposed antenna.
[4] 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[5] 
The provider demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(9) 
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
Prohibited uses.
[Added 12-3-2003 by Ord. No. 2003-19]
(1) 
Outdoor display of merchandise.

§ 243-75.1 PCSRD Planned Community School and Recreation District Overlay Zone.

[Added 6-23-2003 by Ord. No. 2003-13]
The following regulations shall apply in the PCSRD Planned Community School and Recreation District Overlay Zone:
A. 
Intent. The intent of this section is to establish a unified set of area, bulk and yard requirements to guide the comprehensive development of a public school and related recreation facilities in accordance with an approved redevelopment plan within the Township redevelopment area. The redevelopment area is located on the north side of Upper Belvidere Road between the Township public pool and the Delaware Park residential neighborhood, more specifically known as Lot 44 in Block 2 and is comprised of three different residential zones: R-100, R-150 and R-5/2. This PCSRD Zone is an overlay redevelopment district that shall encompass the 121.88 acre redevelopment area, and the herein contained standards shall only apply to a public school development. The existing residential zoning designations will be retained, and any uses for the property other than a public school shall be governed by the underlying zoning district regulations.
B. 
Permitted principle uses shall be as follows:
(1) 
Public schools.
(2) 
Uses other than a public school shall be governed by the R-100, R-150 or R-5/2 District regulations.
C. 
Permitted accessory uses shall be as follows:
(1) 
Recreation fields and facilities as are customary and typical to the proposed principal use.
(2) 
Signs in accordance with Article X.
(3) 
Parking areas in accordance with Article IX.
D. 
Provisions and requirements.
(1) 
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:
(a) 
Tract standards.
[1] 
Minimum lot size: five acres.
[2] 
Minimum lot frontage: 300 feet.
[3] 
Minimum lot width: 300 feet.
[4] 
Maximum lot coverage: 40%.
(b) 
Principal buildings minimum yard and height limitations.
[1] 
Front yard: 100 feet.
[2] 
Side yard: 100 feet.
[3] 
Rear yard: 100 feet.
[4] 
Maximum height: three stories/40 feet.
(2) 
Accessory structures may not be located in any front, side or rear yard.
(3) 
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.
(4) 
General regulations.
(a) 
Outdoor recreation facilities. Outdoor recreation facilities shall be designed to minimize their impact on abutting residential neighbors. No playing field, running tract, tennis court or seating area for outdoor events, utility building, concession area or parking area shall be located within 100 feet of a property line.
(b) 
Site grading. No cut or fill slopes shall be permitted within five feet of a property line. Grading on slopes of 25% or greater should be avoided, but when avoidance is not practical the resulting slopes should be retained by walls in order to minimize disturbance of the area. Every effort should be made to maintain the tract's forested areas and hedgerows. If this is not possible, the use of retaining walls and other creative design techniques is encouraged to minimize the loss of these natural resources.
(c) 
Retaining walls. No retaining wall should be located within five feet of a property line. Retaining walls over four feet in height should be located no closer to a property line than twice the actual height of the retaining wall as measured at its greatest height. A retaining wall or combination of walls that exceed 10 feet in height and face a residential dwelling on an abutting property should be landscaped in a manner which reduces their visual impact on the neighboring dwelling.
(d) 
Buffers. A landscaped buffer of a minimum width of 25 feet should be maintained between a residence located on an abutting property and any proposed buildings, outdoor recreation facilities or parking areas.
(e) 
Site lighting. Care should be taken to locate activities that are conducted during evening and nighttime hours away from residential neighborhoods. Outdoor lighting should be designed to provide only the minimum amount of light required for the proposed activity. Outdoor lighting should be reduced to the minimum necessary for security during periods of nonuse or turned off entirely if public safety is not an issue. All site lighting should be shielded to prevent glare from entering residential areas or homes.

§ 243-75.2 PD Planned Development Overlay District. [1]

[Added 12-1-2004 by Ord. No. 2004-18; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The PD Planned Development Overlay is an option designed to encourage more intensive nonresidential uses in the Township's HB Highway Business and ROM Research Office Manufacturing Districts along the Route 57 and Route 22 corridors that adhere to strong design standards and in which planned, innovative and integrated development is encouraged. A flexible mix of permitted uses is allowed, including commercial, office, and light industrial uses, subject to location standards found in this section.
A. 
Applicability.
(1) 
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.
[Amended 6-6-2007 by Ord. No. 2007-19]
(2) 
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.
B. 
Definitions; word usage.
(1) 
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.
(2) 
The term "shall" indicates a mandatory obligation while the term "may" indicates a discretionary opportunity.
(3) 
The following terms as used in this section shall be specifically defined as follows:
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development, as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
PLANNED DEVELOPMENT
An area of a minimum contiguous or noncontiguous size as specified by ordinance, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office or research or manufacturing, or any combination thereof, and other uses incidental to the predominant use as may be permitted by ordinance.
(4) 
Except as otherwise set forth herein, any term not specifically designated should be giving its ordinary meaning.
C. 
Use regulations. Property in the HB and ROM Districts shall be used and developed under the regulations of the Township Code pertaining for the respective Districts, as such regulations existed as of the adoption of this § 243-75.2 or as may have been amended subsequent to the adoption of this section, unless the development meets all of the following conditions, in which case it may be used and developed under the Planned Development (PD) regulations set forth herein.
(1) 
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:
(a) 
All permitted principal uses of the HB Highway Business District, subject to the provisions of this section.
(b) 
All permitted principal uses of the ROM Research Office Manufacturing District, subject to the provisions of this section.
(c) 
(Reserved)[2]
[2]
Editor's Note: Former § 243-77.3C(1)(c), regarding flexible office/warehouse uses, was repealed 4-7-2021 by Ord. No. 2021-02.
(d) 
Light manufacturing and assembly operations, provided that no building is located within 400 feet from the right-of-way of U.S. Route 22.
(e) 
Public transportation stations and shelters.
(f) 
Corporate office developments and corporate conference centers.
(g) 
Mini-warehouse/self-storage facilities, provided that no building is located within 400 feet from the right-of-way of U.S. Route 22.
(h) 
Automobile dealerships for new cars and trucks.
(i) 
Telecommunications towers and antenna, subject to the provisions of § 243-75F.
(j) 
Public libraries and museums subject to:
[1] 
Location of access driveways, landscaping and site plan design being compatible with the neighborhood in which it is to be located.
[2] 
A site plan in accordance with the Lopatcong Township site plan requirements submitted to the Planning Board.
(k) 
No building or part thereof or any parking or loading area shall be located nearer than 50 feet to any street line or lot line, and no loading area shall be located in the front yard.
(l) 
Accessory uses and accessory buildings incidental to the above permitted principal uses.
(2) 
Prohibited uses.
(a) 
Sexually oriented adult entertainment, video or bookshops.
(b) 
Agriculture and horticulture, including farm markets.
D. 
Bulk and area regulations.
(1) 
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:
(a) 
Minimum lot size: 50 acres, 75 acres, 100 acres.
(b) 
Minimum lot width: 350 feet, 500 feet, 1,000 feet.
(c) 
Minimum yards.
[1] 
Front yard.
[a] 
Parking screened by building: 50 feet, 50 feet, 50 feet.
[b] 
Parking not screened by building: 100 feet, 100 feet, 100 feet.
[2] 
Side yard (each, where applicable): 50 feet, 75 feet, 75 feet.
[3] 
Rear yard: 80 feet, 80 feet, 80 feet.
(d) 
Maximum building coverage: 20%, 22%, 25%. [Refer to Subsection E(10) for use mix standards].
(e) 
Maximum floor area ratio: 0.20, 0.25, 0.30 (FAR shall not apply to parking structures) [Refer to Subsection E(10) for use mix standards].
(f) 
Maximum impervious coverage: 55%, 60%, 65%. [Refer to Subsection E(10) for use mix standards].
(g) 
Maximum building height, as defined in § 243-5: 45 feet and three stories.
(h) 
Subdivision of individual lots.
[1] 
The subdivision of individual lots is permitted, provided that there is conformance to an approved planned development or general development site plan.
[2] 
There shall be no maximum floor area ratio (FAR) or limitation on maximum improvement coverage for individual lots.
[3] 
Lot widths, frontages, rear yards, side yards, front yards, lot dimensions, parking lot locations and building distances may be freely arranged.
[4] 
A lot need not front on a public street so long as:
[a] 
Such lot is provided with access to a public street by means of an improved private street or driveway measuring 30 feet in width.
[b] 
The perpetual right of access and egress over the improved private street or driveway is granted by a recorded permanent easement.
[c] 
Such easement is reviewed by the Attorney and Engineer for the Board of jurisdiction to insure adequate provision for future maintenance of the private street or driveway.
[d] 
Such private street or driveway is adequate to accommodate fire trucks and other emergency vehicles.
[5] 
The minimum distances between individual buildings shall be adequate to provide for fire protection in accordance with the provisions contained in § 243-48B(6).
[6] 
The intent of these provisions is to permit individual buildings to exist as separate lots. However, each individual lot shall be subject to and may only be improved in accordance with the final site plan approval for the planned development or general development plan in accordance with the PD Overlay District regulations.
(2) 
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.
E. 
Site development requirements. All proposed development shall comply with the applicable regulations set forth in Chapter 243, Zoning and Land Use, and the following requirements:
(1) 
All development in this District shall comply with the design standards contained in Subsection F.
(2) 
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:
(a) 
The development is designed in a unified and comprehensive plan; and
(b) 
The development parcel is a minimum of 50 acres.
(3) 
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.
(4) 
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.
(5) 
All development in the PD Overlay District shall be connected to public sewer and water systems.
(6) 
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.
(7) 
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.
(8) 
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.
(9) 
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.
(10) 
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.
(11) 
Parking. Parking shall conform to the provisions of Article IX of Chapter 243 of the Code.
(12) 
Planned development recreation and open space.
(a) 
There shall be a minimum of 10% of the total area of the planned development maintained as open space which shall be free of environmentally constrained areas, as defined in § 243-78.1B, and shall otherwise be usable by the owners and occupants of the planned development. The developer shall improve the open space with facilities for the use and enjoyment of the owners and occupants of the planned development. The developer may be required to provide for an association for the maintenance of the open space and its facilities.
(b) 
Any significant geological or historical feature situate on the site may be delineated as open space and may, subject to approving authority approval, be dedicated to the Township.
(c) 
Public recreational facilities, such as playgrounds, tennis courts and community recreation areas may be situated in the open space. Such recreational facilities shall be as directed by the approving authority. Pedestrian links to the surrounding community should be incorporated into the development plan.
F. 
Design standards.
(1) 
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.
(2) 
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.
(3) 
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.
(a) 
Facades.
[1] 
Building facades shall emphasize the architectural philosophy of relief and rhythm. Rhythm should be used in the design to provide interest and variety and avoid monotony. Details that create shade and cast shadows can be used to provide visual relief to the building. Buildings shall be broken into a series of volumes that lessen the overall mass.
[2] 
Building facades shall be segmented with architectural details such as recesses, projections, overhangs, canopies or porticos, arcades, raised parapets, peaked roof forms, integral planters and other similar features. Building facades greater than 60 feet in length (including separate buildings that are attached), shall incorporate a minimum of three architecture elements as described above. Recesses or projections shall extend a minimum of three feet from the primary building wall plane.
[3] 
There shall be no uninterrupted walls greater than 40 feet in length. The length of the building shall visually appear to be proportional to the height, using a rate of 2.5 times the height of the building equal to the length. Architectural details may be utilized to create the appearance of segmented buildings.
(b) 
Roofs. Variation of building rooflines is encouraged. Use of gable, mansard, hipped, saltbox, gambrel, pyramidal and shed roof styles are recommended. Use of flat roofs should be avoided unless hidden by parapet walls.
(c) 
Windows. Window proportions shall be balanced against the overall building size. Consideration shall be given to cohesive fenestration.
(d) 
Exterior colors. The building exterior color shall be composed of nonreflective, subtle, neutral earth tones. The use of high-intensity colors such as bright reds, oranges or yellows shall not be permitted. Metallic colors and black shall also be prohibited. Building trim and/or accents may feature complementary brighter colors that are compatible with the primary building color. Color schemes shall be harmonious and complementary with adjacent structures and developments. Neon tube lighting shall not be used for building trim or accent.
(4) 
Site design.
(a) 
Complexes. Where the development is a complex of buildings, such as a shopping center or an office or industrial park with its own design guidelines, the complex should have a strong sense of place and unity of design. The complex should not be out of keeping with the surrounding buildings, but may clearly establish its own identity. The following shall be used in evaluating the complex. The complex shall have a sense of place. This should be accomplished by several elements:
[1] 
Commonality of materials and style.
[2] 
A uniform sign package that limits style of letters, colors and has rules for size, location and height, based on building importance in the complex.
[3] 
An element or elements that provide a strong identifying image. The strength of the image should be related and proportional to the scale of the development. A small project should have an image that is more closely related to neighbors, while a large regional facility should have greater differentiation from its neighbors. Features such as a clock tower, fountain, sculpture or corner building that has a strong image are ways in which a strong identity may be created.
(b) 
Orientation and siting. In the case of freestanding buildings or structures, and depending on individual site characteristics, consideration shall be given to site design that provides a desirable visual composition, avoids blocking natural vistas and provides desirable and pleasing space enclosures.
(c) 
Screening. Careful screening of undesirable design elements such as storage areas, loading areas, trash bins and mechanical equipment (ground level or roof-mounted) is critical. These areas and items shall be screened from any adjacent residential district or use, highway, road, street or accessway. Trash and storage bins shall be located in the rear yards of the building or structure, or as recommended by the Planning Board, and screened. Screening shall be accomplished and render instant effect by either architectural design or landscaped buffer, or combination thereof, or as otherwise deemed acceptable by the Planning Board. Earth-tone colors shall be used to maintain the theme established by the primary building colors.
(d) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ARCADE
A covered passageway, often between streets, with shops or stalls; a structure composed of a series of arches supported by columns.
CANOPY
An ornamental projection over a door, window, niche, etc. Also a roof-like covering supported by columns or other device.
DORMER
A roof projection, normally with a window that is built out from the slope of a roof. The dormer has its own roof, which may be flat, arched or pointed.
EAVE
The edge of a roof. Eaves usually project beyond the side of the building.
EIFS
Exterior insulation finish system, or EIFS, is a synthetic stucco-cladding used on exterior walls in both commercial and residential construction. EIFS uses a stucco-like polymer-based outer coating containing a plastic resin, which makes the coating softer and more flexible than traditional hard-coat stucco.
FACADE
The main front of a building.
FENESTRATION
The arrangement and proportioning of windows in a building, their size, placement, style, etc.
GABLE
The triangular upper part of a wall closing the end of a ridged roof.
GAMBREL ROOF
A roof with its slope broken by an obtuse angle, the lower slope being steeper, and the upper slope gentler. Many farms have gambrel roofs.
HIP ROOF
A roof sloping directly in from the walls on every side, and thus having no gable ends.
MANSARD
A roof divided into a steep lower part and a less steep upper part on all four sides.
PARAPET
A low wall projecting from the edge of a platform, terrace or roof.
PORTICO
A colonnade or covered passageway in classical architecture.
PYRAMIDAL
A hipped roof that forms a pyramid shape.
RELIEF
The projection of a figure above the ground or plane on which it is formed.
RHYTHM
A regular or harmonious pattern created by lines, forms and colors.
SALTBOX
Similar to a gable roof, but the two sides are not symmetrical.
SHED
A sloped roof, usually a single plane.
(5) 
Design review process.
(a) 
The subsections above are set forth as design guidelines. Additional architectural elements sought to be applied to any new construction or rehabilitation to existing buildings shall be submitted to the Lopatcong Township Planning Board for approval.
(b) 
The Lopatcong Township Council reserves the right to establish an Architectural Design Advisory Board from which the Planning Board may request advice and recommendations. The advice and recommendations from the Architectural Design Advisory Board shall be made in writing and submitted to the Planning Board.
(6) 
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.
G. 
Application procedures.
(1) 
General development plan.
(a) 
The developer of a planned development may, at his/her option, submit a general development plan (GDP) detailing the overall development of the site, which plan must conform to all requirements of N.J.S.A. 40:55D-45.1 et seq. as set forth in this chapter. The submission of GDP is not mandatory.
(b) 
If the developer submits a GDP and if the same is approved by the approving authority, all subsequent applications for developments, whether by subdivision or site plan, except as permitted by N.J.S.A. 40:55D-45.6b, shall conform to and reference the approved GDP.
(c) 
Upon approval of a GDP, the general terms and conditions of development, including the amount of square footage, circulation patterns, utility arrangements and other features, may not be changed for a period of 20 years, as provided by law.
(d) 
A GDP shall include the following:
[1] 
A general land use plan, at a scale of not less than one inch equals 200 feet, indicating the tract area and the general locations of the land uses to be included in the planned development. The lot dimensions and lot areas for the PD area and the amount of nonresidential floor area shall be set forth in sufficient detail for the approving authority to fully understand the project. It shall also include sufficient dimensions to determine if the layout complies with the provisions of this chapter and should note all easements and shall set forth, additionally, the proposed types of nonresidential units, in conformity with this section, and the land area to be occupied by each proposed use shall be estimated. The intensity of use of the entire planned development shall be set forth, and a nonresidential floor area ratio shall be provided, in conformity with this chapter.
[2] 
A circulation plan showing the general location and types of transportation facilities, including roads, sidewalks, road types (locals, collectors, private, etc.), right-of-way and road widths, center line radius, approximate road stationing and facilities for pedestrian access, and a preliminary traffic report indicating expected traffic volumes and the report thereof regarding roads and intersections within the planned development and approved improvements to the existing transportation system outside the planned development.
[3] 
An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation or recreation purposes and a general description of the improvements proposed to be made thereon, including plan for the operation and maintenance of parks and recreation lands.
[4] 
A utility plan, indicating the need for and showing the proposed location of sewerage and water lines, any drainage facilities necessitated by the physical characteristics of this site, proposed methods for handling waste disposal and a plan for the operation and maintenance of proposed utilities.
[5] 
A stormwater management plan, setting forth the proposed method of controlling and managing stormwater on the site, including preliminary stormwater management calculations, sizing and location of stormwater management facilities, including approximate location and sizing of pipes, inlets, headwalls, shale's, detention basins and ownership and maintenance of stormwater management plan.
[6] 
Environmental inventory, including a general description of the vegetation, soil, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features at the site and including wetlands, streams, floodplains and contours at five- or ten-foot intervals. All information herein required shall be mapped on an environmental inventory plan.
[7] 
A community facility plan indicating the scope and type of supporting community facilities, which may include, but not be limited to, educational or cultural facilities.
[8] 
A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, electric, water, sewer, cable, solid waste disposal and gas, including letters from the appropriate utilities indicting an ability to provide services to the site.
[9] 
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other fiscal impact potentially incurred by the municipality or school district as the result of the completion of the planned development. The fiscal report shall also include a projection of property tax revenues which would accrue to the county, municipality and school district according to the timing schedule provided under Subsection G(1)(d)[10] of this section and following completion of the planned development in its entirety.
[10] 
A proposed timing schedule, in case of a planned development whose construction is contemplated over a period of years, including any terms and conditions which are intended to protect the interests of the public and of the residents who will occupy any section of the planned development prior to the completion of the development in its entirety, and a phasing plan showing the areas to be included in each phase.
[11] 
A municipal development agreement, which shall mean a written agreement between the municipality and the developer relating to the planned development. Such agreement shall describe the obligations and rights of the developer (particularly, but not limited to, details covering such matters as the design, financial obligations as to affordable housing contributions, maintenance of common property, construction vehicle access routes, and hours for operating heavy equipment), and set forth an approved timing schedule.
(e) 
If a developer seeks to obtain a general development plan approval, the approving authority shall grant or deny general development plan approval within 95 days after submission of a complete application to its administrative office, or within such further time as consented to by the applicant. Failure of the approving authority to act within the period prescribed shall continue general development plan approval of the planned development for the twenty-year period specified above.
(f) 
In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the approving authority. The approving authority shall, in deciding whether or not to grant approval and modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region and the availability and capacity of public facilities to accommodate the proposed development.
(g) 
All of the terms and conditions of the New Jersey Revised Statutes concerning general development plan applications and approvals, as set forth in N.J.S.A. 40:55D-45.8, are deemed adopted by reference within this chapter.
(2) 
All other development applications.
(a) 
A developer may from time to time propose minor subdivisions, subject to the provisions of the Municipal Land Use Law and other provisions of Chapter 243 of the Code, as the same exists as of the adoption of this § 243-75.2.
(b) 
A developer may apply for one or more minor subdivisions, simultaneously or in series, provided that any such applications shall individually conform to the requirements set forth herein.
(c) 
Major subdivisions and site plans. A developer may simultaneously submit preliminary and final site plan applications. The approving authority shall make a determination of completeness within 45 days of the submission of the application pursuant to N.J.S.A. 40:55D-10.3. In the event that the application is deemed to be incomplete, the approving authority secretary and/or staff shall notify the applicant, in writing, setting forth the specific reasons for its decision, including a specific list of all information and documentation required for approving authority review. After the submittal is deemed complete, the approving authority shall supply the applicant with a written declaration of completeness. The approving authority shall schedule a public hearing within 60 days of its declaration of completeness. The approving authority shall render a decision within 95 days after the declaration of completeness. Either of the forgoing two time periods may, however, be extended by consent of the developer. A resolution of memorialization of the action taken by the approving authority within 45 days of its decision.
(d) 
As to planned development, the Township may not impose any additional requirements or require any additional public improvements except as set forth herein or as otherwise provided for under state law, including a fair share contribution to off-tract improvements in accordance with state law.
H. 
Miscellaneous provisions.
(1) 
The provisions of this chapter shall be enforced in the course of any application for development.
(2) 
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.
(3) 
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.
(4) 
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.
[1]
Editor's Note: The PD Planned Development Overlay District was originally codified as § 243-77.3 but was relocated to Art. XIV, Zoning District and Use Regulations, at time of adoption of Code (see Ch. 1, General Provisions, Art. I).