The boundary lines of these districts are intended to follow the street center lines and lot or property lines as they exist at the time of enactment of this chapter, unless otherwise indicated by dimensions on said Zoning Map.

Where such boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than a ten-foot distance therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.

In subdivided land where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of scale appearing thereon.

Questions concerning the exact location of district boundary lines shall be determined by the Planning Board in accordance with rules and regulations which may be adopted by it as hereinafter provided.

Every principal building shall be built upon a lot with frontage upon a public street which has been improved in accordance with the appropriate Borough standards or for which improvement has been guaranteed or assured pursuant to § 100-45.

No more than one principal building containing the principal use shall be permitted for each lot, except in the case of the High Density Residential Zone.

Preexisting lots on which a lawful principal structure exists may be further developed, provided that such development is also a permitted use and meets the current zone requirements for front yard, side yard, rear yard and lot coverage requirements of the zone in which the lot lies. Such permitted expansion does not include a second story or higher addition.

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

Fence standards.

Walls. A construction permit shall be required for any retaining wall which exceeds four feet in height. The wall shall be designed by a professional engineer or constructed in accordance with the manufacturer's specifications. A copy of the engineer's design or manufacturer's specifications shall accompany the construction permit with a modified site plan. The maximum height of a retaining wall in the front yard shall be four feet and six feet in the side and rear yards. When it is deemed necessary or desirable to construct a wall higher than otherwise permitted, the additional wall height shall be offset four feet from the top of the first retaining wall, for a total height not exceeding eight feet.

Sight triangles. Plantings or structures other than fencing within a sight triangle shall not exceed two feet in height as measured above the curbline. In sight triangles where the slope of the ground is already two feet above the curbline, no tree, shrub, structure or other obstruction to vision shall be permitted. The site triangle along county roads shall conform to county standards.

The Borough Council of the Borough of Stanhope hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhood tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs the existing residential property in such areas; tends to impair the value of both improved and unimproved real property in such areas with attendant deterioration of conditions affecting the health, safety and morals of the inhabitants thereof and the community at large; and tends to deprive the municipality of tax revenue and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this provision to prevent these and other harmful effects of uniformity in the design and appearance of dwellings erected in any housing development in the same residential neighborhood and thus to promote and protect the health, safety, morals and general welfare of the community, as these purposes are set forth in N.J.S.A. 40:55D-1 et seq.

Except as provided in this section, not more than one building permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighborhood dwelling situated on the same or opposite side of the street within 150 feet of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.

Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:

In addition to the requirements specified in Subsection C, there shall be not less than three separate basic house designs in every housing development consisting of eight houses, not less than four basic house designs in every housing development of 15 houses and not less than five basic designs in every development consisting of 25 houses.

To ensure conformity with the provisions of this section, no permit shall hereafter be issued for more than one dwelling in any housing development, except as provided in Subsection F, until an engineer's survey or an architect's drawing of the entire tract or part to be developed has been submitted to the Building Inspector, showing thereon or on a schedule attached thereto the model number, type and design of each house, with the proper street and lot number for each house. The survey or drawing shall show the dimensions of each house and its exact location on the lot, with setbacks and width or depth of all yard spaces. In the event of a subsequent desired change in the basic design, size or location of a house in such tract, a revised plan and application therefor shall be filed and approved before such work is started.

To further ensure conformity with the provisions of this section with respect to new subdivisions for the purpose of a housing development, the Planning Board of the Borough of Stanhope may, at its discretion, require an affidavit or a performance guaranty, approved as to form by the Borough Attorney, that the subdivision will be developed as a whole so that the intent and purpose of this section is satisfied. The Building Inspector is also hereby authorized to require a similar affidavit or performance bond before issuance of more than one building permit in any housing development or part thereof for any subdivision heretofore approved by the Planning Board prior to the enactment of this chapter or for any land area not required to be subdivided.

Appeals for relief from the provisions of this section may be taken to the Borough Council, and relief may be granted by said body when, in its opinion, such relief is not detrimental to the public interest and will not impair substantially the intent and purpose of this section.

No detached garage building shall be permitted when space for a garage is already provided or included within premises attached to a dwelling.

The physical contour of any lot shall not be altered in any manner affecting drainage to the detriment of the property or adjoining property nor shall natural contours be disturbed or excavations permitted which are likely to involve risks of erosion, landslide, injury to natural vegetation or other hazardous or adverse conditions. In addition, the following specific requirements shall be met:

If the Building Construction Official finds that the construction of any building or the disturbance of the natural contours is likely to result in any condition mentioned in Subsection A above, he shall refer the application and plot plan to the Borough Engineer. The Building Construction Official shall require such changes in the construction plans or he shall require the construction of berms, gutters, retaining walls, dry wells, catch basins and similar structures as may be necessary to control drainage and reduce excavation to maintain a natural environment to the greatest degree possible and to otherwise prevent or eliminate dangerous or hazardous conditions.

No structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished and no excavation for any building shall be dug until a building permit has been granted by the Building Construction Official. Application therefor shall be filed in duplicate by the owner or his agent, and it shall state the intended use of the structure and of the land. This application shall be accompanied by detailed plans and specifications.

It is hereby found that soil disturbance and construction of buildings and structures in certain areas of critical slopes within the Borough of Stanhope will increase the rate of surface water runoff, soil erosion and siltation and pollution of streams, as well as the danger of flooding, thereby having the potential of endangering public and private property and life; that this condition is aggravated by soil disturbance, construction and development on these slopes which creates an additional hazard to the lives and property of those dwelling on the slopes and below them; and that the most appropriate method of alleviating such conditions is through regulation of such soil disturbance, construction and development. Furthermore, the disturbance destroys the hardwood stands which support the fragile ecosystem. It is therefore determined that the special and paramount public interest in these slopes justifies the regulation of property located thereon, as provided in this chapter, which is in the exercise of the police power of the municipality for the protection of the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.

The purpose of this subsection is to regulate the construction of buildings, structures and roads, as well as the removal of vegetative cover, the disturbance of soil and the intensity of use in areas of excessive slopes.

Disturbance of steep slope areas in amounts greater than set forth above shall require a variance.

No person or persons, partnership, firm or corporation or any agents, servants or representatives of any of the foregoing shall occupy nor suffer the occupancy of or allow any person or persons, partnership, firm or corporation to live in or upon or inhabit as a tenant or tenants or occupants or to occupy as any new owner or cotenant or co-owner any dwelling houses or houses or dwelling unit or units or any commercial or industrial structure within the confines of the Borough of Stanhope unless and until any such aforesaid person or persons, partnership, firm or corporation or any other aforesaid designated individual shall have first obtained from the Construction Official of the Borough of Stanhope a certificate of occupancy and permit authorizing any of the foregoing when any of the foregoing shall take place subsequent to the adoption of the within development regulation, and provided that the Code of the Borough of Stanhope required the issuance of a building permit or site plan approval.

An application for a certificate of occupancy shall be made in writing to the Construction Official of the Borough of Stanhope by the person or persons, firm or corporation or agent, servant or representative, and consent shall be given therewith unto said Construction Official to enter upon and examine said dwelling house or houses and dwelling unit or units or commercial or industrial structure and the buildings or building wherein the same may be situate for which said application is applied for so that said Construction Official may determine whether or not said dwelling house or houses, said dwelling unit or units or commercial or industrial structure and the building wherein the same may be situate fully complies with the provisions of the Code of the Borough of Stanhope affecting the use and occupancy of all such dwelling houses and dwelling units and structures or commercial or industrial structure. No certificate of occupancy shall be issued unless there is full and complete compliance with all of the foregoing, including, in the case of commercial or industrial structures, the provisions of § 100-33D.

All applications for such certificates of occupancy, as aforesaid, shall be made in writing and shall state the name and address of the owner of the dwelling house or houses, the dwelling unit or units or the commercial or industrial structure and the building or structure wherein the same may be situate; and the name and address of the owner-occupant or tenant-occupant or any other occupant of the same; and the name and address of the new proposed owner-occupant or any other proposed occupant; and the name and address of the renting agent, if any; and shall describe the premises to be occupied, including the street address thereof; and a designation of the portion or portions of said premises or structures for which the specific application is being made.

Any person or persons or partnership or firm or corporation, including any real estate broker or real estate agent, or representative, servant or employee of any of the foregoing who in any manner fails to fully comply with the terms and covenants of the within development regulation and which is a part of any transaction resulting in the violation of any of the terms and provisions of the within development regulation shall be deemed to have violated the terms and provisions of the within development regulation and shall be subject to the penalties provided for herein, unless and until a certificate of occupancy, as aforesaid, shall have been issued.

All violations of the within development regulation by any person or persons, partnership, firm or corporation or any agent or servants or representatives of the foregoing, as provided in the within development regulation, whether said person is the owner of the premises, the agent of any party as aforesaid or the tenant or the occupant or occupants, shall be deemed separate and distinct violations for each and every day that said violation may continue, and all parties violating the within development regulation, as aforesaid, shall be deemed jointly and severally liable for any and all such violations.

No tenant, owner or occupant shall permit the use or the occupancy of the dwelling house, dwelling unit or commercial or industrial structure provided for herein without following the procedures set forth and required by the within development regulation and Chapter 72, Construction Codes, Uniform, nor shall any real estate broker or agent or representative of any of the foregoing permit any of the foregoing.