Lopatcong Township City Zoning Code
ARTICLE XVI
Schedule of Area, Lot and Bulk Regulations
§ 243-78 Minimum and maximum requirements.
The Schedule of Area, Lot and Bulk Regulations which follows is made part of this chapter. The lot area, lot width and yards for principal and accessory buildings set forth in said schedule are hereby established as the minimum requirements for the particular uses in each zone, and the lot coverage and building height set forth in said schedule are hereby established as the maximum permitted for the particular uses in each zone.[1]
[1]
Editor's Note: The Schedule of Area, Lot and Bulk Regulations is included as an attachment to this chapter.
§ 243-78.1 Environmental constraints.
[Added 11-6-1996 by Ord. No. 1996-20]
A.
Environmental coverage limitations. No environmentally constrained area, as hereinafter defined, shall contain any structure or impervious coverage except for driveways and roads and associated drainage structures and utility improvements, both public and private, such as electric, telephone, cable, water, sanitary sewer, and storm sewer lines. Farming, grazing, plant nurseries, horticulture, forestry, wild crop harvestry, recreation uses, hunting, fishing, or the like, are also permitted in environmentally constrained areas if permitted in the zoning district and not precluded by outside review agencies. Where driveways, roads, or utilities are permitted in environmentally constrained areas by the Township, the improvements shall be designed to minimize intrusion into and impacts to the environmentally constrained areas.
[Amended 5-4-2011 by Ord. No. 2011-02]
B.
Environmentally constrained areas.
(1)
Environmentally constrained areas shall include the following, which shall be clearly shown and delineated on all subdivision plats and site plans:
(a)
Any portion of a lot classified as a floodway or floodplain by the New Jersey Department of Environmental Protection.
(b)
Wetlands and any required wetlands transition area pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c)
Hydric soils as identified on the list of New Jersey Hydric Soils in the publication "Wetlands of New Jersey, National Wetland Inventory," July 1985.
(d)
Critical slopes, defined herein as areas having a grade of 25% or greater as calculated by the methodology contained herein below. Moderate slopes are areas having a grade of 15% to 24.99% as calculated by the methodology contoured herein below.
(e)
Shallow depth to bedrock areas. All areas composed of soils having four feet or less depth to bedrock as indicated in the Soil Survey of Warren County, New Jersey, published by the United States Department of Agriculture, Soil Conservation Service, as amended and supplemented.
[Added 5-4-2011 by Ord. No. 2011-02]
(2)
Method. The method of determining slopes classified as moderate and critical shall be based upon two-foot contours and measured over a distance having a minimum change in vertical elevation of 10 feet. A plan prepared by a licensed engineer shall be submitted to determine the extent of moderate and critical slope areas. Said plan shall be clearly and legibly drawn or reproduced at a scale of no less than one inch equal to 100 feet. All topography and elevations shall be related to a benchmark noted on the plan and, wherever possible, shall be based on the United States Geological Survey mean sea level data; existing contours of the site under review shall be presented at two-foot intervals. Plans submitted pursuant to this section shall be one of the following dimensions: 30 inches by 42 inches; 24 inches by 36 inches; 15 inches by 21 inches; or 8 5/10 inches by 13 inches.
(4)
On lots containing slopes over 15.0%, the Board shall require a lot grading plan prior to the issuance of a building permit. This plan shall indicate the proposed driveway plan and profile, residential and other site grading necessary or proposed for the lot and proper protection and stabilization methods for all disturbed areas, consistent with the design standards established by the Soil Erosion and Sediment Control Standards of the SCS. The plan shall be reviewed and approved by the Township Engineer prior to the issuance of a building permit and/or any soil disturbance on site.
[Added 11-1-2000 by Ord. No. 2000-29]
C.
Stream corridor protection. The purpose of this section is to maintain and enhance the quality of local streams; protect significant ecological components of stream corridors, such as wetlands, floodplains, woodlands, steep slopes and wildlife and plant habitat within the stream corridors of the Township; to prevent flood-related damage; and to complement existing state, county and municipal regulations.
[Added 11-1-2000 by Ord. No. 2000-29]
(1) ACTIVITY ONE-HUNDRED-YEAR FLOOD LINE STREAM CORRIDOR
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Any land disturbance, including any development for which an application for development is necessary.
The line which is formed by following the outside boundaries of the area inundated by a one-hundred-year flood.
The stream channel (the bed and banks of a stream which confine and conduct continuously or intermittently flowing water), the area within the one-hundred-year flood line and a minimum of 100 feet from the one-hundred-year flood line, extending outward from the stream channel, on both sides of the stream. If there is no one-hundred-year flood line delineated, the distance shall be measured outward from the bank of the stream channel. If slopes greater than 15% abut the outer boundary of the stream corridor, the area of such slopes shall also be included as the stream corridor.
(2)
Standards.
(a)
Permitted activities. Stream corridors shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public safety), altering of watercourses, regrading or construction except for the following activities:
[1]
Wildlife sanctuaries, woodland preserves and arboretums, but excluding enclosed structures.
[2]
Game farms, fish hatcheries and fishing preserves, operated for the protection and propagation of wildlife, but excluding enclosed structures.
[3]
Unpaved hiking, bicycle and bridle trails.
[4]
Fishing areas.
[5]
Reconstruction of a structure that pre-dates the adoption of this subsection in the event of damage or destruction by fire, storm, natural hazards or other acts of God, provided that the reconstruction does not have a greater footprint or total area than that of the damaged structure and that no change in land use occurs: and further that the reconstruction shall be permitted only if no more than 50% of the structure is destroyed.
(b)
Location of activities. All new lots in major and minor subdivisions and site plans shall be designed or provide sufficient areas outside of stream corridors to accommodate primary structures as well as any normal accessory uses appurtenant thereto.
(c)
The reviewing Board may allow an average stream corridor width of 100 feet from the one hundred year flood line, thus allowing reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and the physical conditions thereon. The stream corridor width may be reduced to a minimum of 50 feet from the one-hundred-year flood line, provided that there is an equivalent increase in the width elsewhere on site and all relevant permits (e.g., stream encroachment, freshwater wetlands) are obtained.
(d)
Minor exceptions. The following are permitted in a stream corridor when subdivisions or site plans cannot be designed in the manner set forth above or in the case of a preexisting lot for a one-family dwelling, when there is insufficient room outside the stream corridor for permitted accessory uses. In either case, there must be no other reasonable or prudent alternative to placement in the stream corridor.
[1]
Yard improvements such as lawns and accessory structures such as swimming pools.
[2]
Recreational use, whether open to the public or restricted to private membership, such as parks, picnic areas, golf courses, not to include enclosed structures, but permitting shelters and such structures usually found in developed outdoor recreational areas.
[3]
Outlet installation for sewage treatment plants and sewage pumping stations and the expansion of existing sewage treatment facilities.
[4]
Private or public water supply wells that have a sanitary seal, floodproofed water treatment facilities or pumping facilities.
[5]
Dredging or grading when incidental to permitted structures or uses, including stream cleaning and steam rehabilitation work undertaken to improve hydraulics or to protect public health.
[6]
Dams, culverts, bridges and roads, provided that they cross the corridor as directly as possible.
[7]
Sanitary or storm sewers.
[8]
Utility transmission lines, installed during periods of low stream flow, if underground, in accordance with SCS standards and in a manner which will not impede flows or cause ponding of water.
[9]
Structures comprising part of a regional flood detention project.
[10]
Detention or retention basins and related outfall facilities.
(e)
Major exceptions. Upon a clear and convincing demonstration by the applicant that prohibiting such activities would result in extreme economic hardship or would conflict with a compelling public need, new structures (other than those permitted as exceptions in the subsections above), including retaining walls, parking facilities and roads, may be permitted in a stream corridor. The reviewing Board shall use the following standards to determine whether extreme economic hardship exists:
[1]
Prohibiting the activity would result in an extreme economic hardship, as distinguished from mere inconvenience, because of the particular physical surroundings, shape or topographical conditions of the property involved. The necessity of acquiring additional land to locate development outside the stream corridor shall not be considered an economic hardship unless the applicant can demonstrate that there is no adequate land which is reasonably available.
[2]
An applicant shall be deemed to have established the existence of an extreme economic hardship only if the applicant demonstrates, based an the specified facts, that the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed as unauthorized by provisions of this subsection and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:
[a]
Do not apply to or affect other property in the immediate area;
[b]
Relate to or arise out of the characteristics of the subject property rather than the personal situations of the applicant; and
[c]
Are not the result of any action or inaction by the applicant or the owner or his predecessors in title.
[3]
An applicant shall be deemed to have established compelling public need if he demonstrates, based on specific facts, that:
[a]
The proposed project will serve as an essential public health or safety need.
[b]
The public health and safety require the proposed facility.
[c]
The proposed use is required to serve existing public health or safety needs.
[d]
There is no alternative available to meet the established health or safety need.
[e]
The activity will not be materially detrimental or injurious to other property or improvements in the area in which the subject property is located and will not endanger public safety.
[f]
The exception granted is the minimum relief necessary to relieve the compelling public need.
[4]
The stream corridor includes more than 75% of the tract.
(f)
If an exception set forth in Subsection C(2)(e)[2] or [3] directly above is granted, the Board or the Zoning Officer, as the case may be, may reduce the width of the stream corridor to no less than 50 feet from the one-hundred-year flood line.
(g)
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded stream corridor within or adjacent to the same tract at least equivalent in size to the stream corridor reduction permitted, and if not possible, rehabilitate or expand a stream corridor of such size within a nearby tract and if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris. The area to be rehabilitated and the rehabilitation plan shall be acceptable to the Board or Zoning Officer, as the case may be.
(h)
Prohibited activities. All activities not permitted in this section shall be prohibited. In no circumstances shall the following be permitted as exceptions:
(i)
Additional provisions.
[1]
The applicant for any activity permitted in a stream corridor shall rehabilitate any degraded areas within the stream corridor, in a manner acceptable to the Board or Zoning Officer, as the case may be, unless the applicant demonstrates that it is economically infeasible to do so.
[3]
The applicant shall provide whatever additional measures are necessity to assure that area designed as stream corridors will be preserved and to prevent additional encroachments in the stream corridor likely to occur as a result of the approval granted.
[4]
The Board, in the case of an application for development, and the Zoning Officer, in all other cases, may require conservation easements or deed restrictions assuring that there will be no further intrusion on the stream corridor than that permitted by the activity approved.
(3)
Submission requirements. An applicant for an activity in a stream corridor shall submit to the Township a map of the project site delineating the following (at a scale of not less than 1 inch equals 200 feet), using the best available information:
D.
Tree protection. The purpose of this subsection is to regulate and control indiscriminate and excessive cutting of trees in conjunction with an application for site plan or subdivision approval, to protect older specimen trees and to encourage careful site design and grading to promote the preservation of existing trees.
[Added 11-1-2000 by Ord. No. 2000-33]
(1) CLEAR CUTTING DIAMETER AT POINT OF MEASUREMENT DRIPLINE HOMESTEAD LOT SILVICULTURE SPECIMEN TREE TREE
Definitions. The following words and expressions as used in this subsection shall have the following meanings, unless the context clearly indicates a different meaning:
The removal of all standing trees on a lot or portion of a lot.
The diameter of a tree measured 4 1/2 feet above the ground level, measured on the downhill side on a slope, and abbreviated as DPM.
An imaginary ground line around a tree that defines the limits of the tree canopy.
A preexisting lot located within a zone permitting single-family detached or two-family detached dwellings upon which is constructed a lawfully occupied dwelling, which lot could not be further subdivided in conformance with the zoning.
The management of any wooded tract of land to ensure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Bureau of Forestry.
Any tree which has a DPM of 24 inches or greater.
Any tree which has a DPM of eight inches or greater.
(2)
Cutting or removal prohibited. No person shall cut down or remove any tree or specimen tree, and no landowner shall suffer or allow the cutting down or removal of any tree or specimen tree on his or her property, without first having complied with this subsection.
(3)
Exceptions. The following shall be exempt from the provisions of this subsection:
(a)
Commercial nurseries and fruit tree orchards.
(b)
Christmas tree plantations.
(c)
Removal of trees which are dead, dying or diseased, of trees or specimen trees which have suffered severe damage or any tree or specimen tree whose angle of growth makes it a hazard to structures or human life.
(d)
Pruning or removal of any tree or specimen tree growing on or over a public right-of-way or public property by an appropriate authority or authorized utility company for maintenance of utility wires or pipe lines.
(e)
Homestead lots.
(f)
Projects which, prior to the effective date of this subsection, have received minor, preliminary or final site plan or subdivision approval. Amendments to said approval subsequent to the effective date of this subsection shall be subject to these provisions.
(g)
Silviculture.
(4)
Permit required. Prior to the cutting down or removal of any tree or specimen tree which is subject to this subsection, a permit shall be obtained from the Township Engineer. The application for a permit shall include a complete application form and shall comply with the following standards and requirements:
(a)
Name, address and phone number of property owner.
(b)
Name, address and phone number of the applicant if different from the owner.
(c)
Consent, in writing, of the owner if the applicant is not the owner.
(d)
Street address and tax lot and block numbers of the premises.
(e)
An inventory of all trees and specimen trees by size and species within the area subject to tree removal and cutting and within a transition area 10 feet from the perimeter thereof.
(f)
A fee of $250.
(g)
A site plan showing the size, location and species of individual trees and specimen trees within the disturbed area and the ten-foot transition area. On wooded lots, the significant tree canopy shall be shown, delineated at the dripline.
(h)
The location of all streams, watercourses and freshwater wetlands shall be shown. Tree removal within these areas shall be subject to the applicable regulations for stream corridors and freshwater wetlands.
(i)
The location and degree of all slopes greater than 10% where any tree removal is proposed shall be shown.
(j)
Removal of any specimen tree shall require specific approval of the Board. All efforts shall be made by the applicant to preserve specimen trees, including, if necessary, plan changes to relocate utilities, driveways, roadway, building and other site improvements.
(k)
Replacement trees. In the event that the development of a property requires the removal of trees or specimen trees, the Board shall have the authority to require the replacement of trees in accordance with the following schedule:
Replacement of Trees | |
|---|---|
Number of Trees to be Removed | Percent to be Replaced |
100 or more | 70% |
75 to 99 | 50% |
Less than 75 | 30% |
Replacement of Specimen Trees | |
|---|---|
Specimen Trees to be Removed (inches) | Number of Replacement Trees |
24 to 30 | 5 |
31 to 36 | 6 |
37 to 40 | 9 |
40 or greater | 10 |
(l)
Prior to any site clearance, grading or disturbance for premises subject to the provisions of this subsection, the applicant shall delineate with snow fence, installed beyond the dripline of trees which are to be protected, all areas which are to remain undisturbed and shall individually protect, to the satisfaction of the Township Engineer, all trees or specimen trees which are to remain within the area of disturbance approved by the Board.
(m)
During major or minor subdivision review, the Board shall be authorized to require a tree removal plan for each individual lot which will result from the proposed subdivision. Any tree removal restrictions shall remain in effect until the parcel shall become a homestead lot.
(5)
Review time. The Township Engineer shall review and approve, conditionally approve or reject the permit application within 30 days of the date a complete application is submitted and all necessary Board approvals have been granted.
(6)
Inspection and enforcement. The Township Engineer shall be authorized to inspect and enforce the installation of replacement trees pursuant to this subsection.
(7)
Lot clearing limit ratio. This subsection prescribes the portion of a lot from which vegetation may be removed. These regulations recognize that the preservation of mature trees and forested areas is a key strategy in the management of environmental resources, particularly watershed management, air quality, and ambient heating and cooling. The measures comply with minimizing land disturbance, which is a nonstructural stormwater management strategy.
[Added 3-1-2006 by Ord. No. 2006-4]
(a)
Lot clearing limit ratios shall be applied only to residential zones on tracts located outside of the Highlands Preservation Area, and in proportion to the minimum lot size and lot coverage requirements of the district, with an exemption for farms as follows:
Zone | Lot Clearing Limit Ratio/Exemption |
|---|---|
R-10/2 | 50% for each individual clustered lot and/or 10% of tract area, whichever is less |
R-5/2 | 50% for each individual clustered lot and/or 20% of tract area, whichever is less |
R-3/2 | 50% for each individual clustered lot and/or 33% of the tract area, whichever is less; 85% other permitted uses |
R-2 | 50% for each individual lot and 50% for the tract area, whichever is less |
R-150 | 50% for each individual lot and 50% for the tract area, whichever is less; 85% other permitted uses |
R-120A | 50% for each individual lot and 50% for the tract area, whichever is less w/o public sewer; 85% for each individual lot and 50% for the tract area, whichever is less w/public sewer; 85% other permitted uses |
R-120 | 85% single-family residential; 85% other permitted uses; cluster and small lot residential individual lots are exempt |
R-100 | 85% senior citizen tract area; 85% other permitted uses; single-family residential exempt |
R-75 | 85% other permitted uses; single-family residential exempt |
R-MF | 85% of tract area |
(b)
Lots located in the Highlands Preservation Area shall be subject to clearing limit regulations for major Highlands development contained in the Highlands Water Protection and Planning Act or as may be issued by NJDEP or the Highlands Commission.
(c)
Lots located in the Highlands Planning Area that contain upland forested areas shall be subject to the following clearing limit regulations:
[1]
Trees having a DPM of six inches or greater for deciduous trees or 10 inches or greater for evergreen trees shall not be cleared more than 20 feet directly adjacent to a structure and no more than 10 feet on each side of a driveway that is necessary to access a building or a nonforested area of the lot.
[2]
Other vegetation associated with the forested area and nonforested areas of the lot are subject to the clearing limits specified in Subsection D(7)(c)[1] above.
(d)
On farmland or other previously disturbed and/or cleared sites a portion of an individual lot and/or the tract shall be revegetated according to the following schedule:
Zone | Minimum Lot Revegetation/ Exemption |
|---|---|
R-10/2 | 50% for each individual clustered lot and/or 90% of tract area, whichever is greater |
R-5/2 | 50% for each individual clustered lot and/or 80% of tract area, whichever is greater |
R-3/2 | 50% for each individual clustered lot and/or 67% of the tract area, whichever is greater; 15% other permitted uses |
R-2 | 50% for each individual lot and 50% for the tract area, whichever is greater |
R-150 | 50% for each individual lot and 50% for the tract area, whichever is greater; 15% other permitted uses |
R-120A | 50% for each individual lot and 50% for the tract area, whichever is greater w/o public sewer; 15% for each individual lot and 50% for the tract area, whichever is greater w/public sewer; 15% other permitted uses |
R-120 | 15% single-family residential; 15% other permitted uses; cluster and small lot residential individual lots, are exempt |
R-100 | 15% senior citizen tract area; 15% other permitted uses; single-family residential exempt |
R-75 | 15% other permitted uses; single-family residential exempt |
R-MF | 15% of tract area |
(e)
Vegetation used to restore previously disturbed/cleared areas shall be native plants suitable for the environmental conditions present on the lot or tract. All of the revegetated area shall be protected from future disturbance with a conservation easement or deed restriction acceptable to the Board Attorney.
(f)
All remaining undisturbed areas of a lot or tract shall be protected from future disturbance with a conservation easement or deed restriction acceptable to the Board Attorney.
(g)
Vegetation, as used in this section, shall include grasses and other ground covers, shrubs, trees, and other plants consisting of native and non-native varieties of both upland and wetland communities except as otherwise exempted. Farm crops grown for consumption or for commercial purposes shall be exempt from this definition of vegetation.