A. Required yards. Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.

B. Front yards. Every front yard shall face upon a dedicated public street or a private road shown on an approved site plan.

(1) Yards fronting on streets less than 50 feet wide. Where any lot abuts a street which is less than 50 feet in width, the front yard required for such lot shall be increased in depth by 1/2 the difference between the width of the street and 50 feet.

(2) Yards fronting on streets 50 feet or more in width, as shown on the Master Plan. Where any lot abuts a street with a proposed right-of-way 50 feet or more in width, as shown on the Master Plan for streets of the Borough of Hopatcong, the building setback distance shall be measured from the nearest line of the proposed street right-of-way of said Master Plan.

C. Front yards on corner lots. Every yard of a corner lot which abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage, except in the business zones, where the side yard shall be 1/2 of the corner front yard setback.

D. Yards of lots fronting on more than one street, other than corner lots. Where a lot which is not a corner lot fronts on more than one street, every yard which abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage. In the case of a lot running through from one street to another, the frontage of such lot, for the purposes of this chapter, shall be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on his permit application which lot line shall be considered the front lot line.

E. Projections and encroachments. Yards and courts required by this chapter shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this chapter, nor shall use be made of such yard, except as follows:

(1) An uncovered front porch, including steps extending not more than 72 inches from the front line of the building, shall not be construed as part of the building.

(2) Window wells affording light and air to basement and cellar areas.

(3) Chimneys, provided that they are more than five feet from any side line and do not exceed 15 square feet in aggregate cross-sectional area.

(4) Driveways providing access to permitted garages or parking areas; provided, however, that in residential zones, driveways used to provide access to private garages shall not be wider than 20 feet.

(5) Fences and retaining walls.

(6) Freestanding flagpoles, television and radio aerial masts, children's playground equipment, outdoor fireplaces, posts and clothesracks or -lines.

(7) Accessory buildings and uses, including swimming pools, where specifically permitted.

F. Lot fronting on street contemplated for widening. Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Borough of Hopatcong is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.

G. Exception for existing substandard setbacks. Notwithstanding any other provision of this chapter, any existing single-family residence located within any residential district where the lot or the front, side or rear yard setbacks do not meet the minimum requirements for the zone set forth in this chapter may relocate an exterior wall or add a second story, provided the following conditions are satisfied: [Added 6-20-2007 by Ord. No. 12-2007]

(1) No construction or alteration shall reduce the existing front, side or rear yard setback to any distance less than the existing distance or the requirements of the zone, whichever is greater. All distances referenced in § 242-22G shall be measured at right angles to straight portions and to tangents of curved portions.

(2) No construction or alteration shall be permitted if the resulting setbacks are less than:

(a) Front yard: 15 feet;

(b) Side yard: five feet; and

(c) Rear yard: 15 feet.

(3) No construction or alteration shall be permitted unless there are a minimum of two on-site parking spaces.

(4) No construction or alteration shall be permitted if there is a change in the existing grade that raises or lowers the elevation of the lot within five feet of a property line.

(5) No construction or alteration shall be permitted where the roof area is increased more than 1,000 square feet and/or the impervious cover is increased more than 1,000 square feet, unless the plan includes a dry well or other infiltration system designed to accommodate three inches of rainfall to be approved by the Borough Engineer. Should specific site conditions prevent the use of infiltration facilities, an alternative means for stormwater management must be proposed and approved by the Borough Engineer.

A. Driveway grades for single-family residences shall not exceed 15% at any point along their length. Driveway grades for other construction shall not exceed 10% at any point along their length. In addition, the driveway grade shall not exceed 8% for a distance of eight feet from the curbline, and a vertical curve shall be provided between said eight-percent grade and any increase in grade. Single-family residences in existence or for which building permits were issued prior to June 30, 1975, are exempt from these slope requirements.

B. All driveways constructed or modified within a municipal street or road right-of-way shall be constructed so as to be perpendicular to the existing pavement or traveled way. Any curved or angular approach of the driveway for aesthetic or topographical reasons shall be accomplished outside of the municipal street or road right-of-way.

C. All driveways constructed or modified within municipal streets or road rights-of-way shall have a minimum driving width of 10 feet with a minimum radius of five feet on each side as they touch the municipal paving or traveled way.

D. All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of the soil from them and land behind them. Silt must be prevented from running onto the municipal street or road and/or filling up gutters, catch basins, inlets, drains or culverts.

E. All driveways to be constructed or existing driveways to be modified within an existing or future municipal street or road right-of-way shall be constructed or modified in accordance with the following minimum requirements:

(1) All driveways shall be constructed or altered so as to slope from the street or road right-of-way toward the edge of the existing shoulder or traveled way in accordance with the following schedule:

(a) For street or road right-of-way widths greater than 50 feet, the driveway shall be constructed or modified so that at the point of intersection of the street or road right-of-way line and the center line of the driveway the finished grade of the driveway shall be no more than six inches (this may vary with local conditions) higher than the center-line elevation of the existing pavement or traveled way.

(b) For street or road right-of-way widths of 50 feet or less, the driveway shall be constructed or modified so that at the point of intersection of the street or road right-of-way line and the center line of the driveway the finished grade of the driveway shall be no more than three inches (this may vary with local conditions) higher than the center-line elevation of the existing pavement or traveled way.

F. All driveways shall be constructed so as not to concentrate, transport or serve as a drainageway for stormwater runoff from roofs and/or adjacent land surfaces to the road drainage system.

G. All driveways within the municipal street or road right-of-way shall be constructed or altered in such a manner as not to interfere with the drainage along the existing pavement or traveled way. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing pavement and traveled way, thereby creating a hump or uneven driving surface on the pavement or traveled way.

(1) The construction of a properly sized dish-type gutter will be permitted, provided that the existing municipal water flow will not be blocked, altered or changed in any manner unless otherwise approved by the Borough Engineer.

(2) The installation of suitable-size concrete pipes or culverts will be required in the event that the existing flow line or ditch cannot be crossed with a dish-type gutter. The size of the pipe or culvert required shall be determined by the Borough Engineer. Where the construction of any driveway involves the breaking of existing curbing, the break in the curbing shall be restored at the borders of the driveway.

H. All driveways constructed or altered within municipal streets or road rights-of-way shall be constructed of the following materials:

(1) Driveways entering unpaved roads: four inches compacted thickness of quarry process Type 5A stone thoroughly rolled and compacted at the specified width.

(2) Driveways entering paved roads.

(a) Base course: four inches compacted thickness of quarry process Type 5A stone thoroughly rolled and compacted.

(b) Surface course: 1 1/2 inches compacted thickness of bituminous concrete Type A or Type FABC-1 Mix No. 5.

(3) All materials shall comply with the New Jersey State Highway Specifications for Road and Bridge Construction, 1961 Edition, and all amendments and revisions thereto.

I. A zoning permit shall be required for the installation, enlargement or modification of any driveway within the Borough of Hopatcong. The term "modification" shall not be construed so as to require a permit for the mere repaving of an existing driveway. If the driveway is to serve a building to be constructed or altered, the application for a driveway permit shall be submitted in conjunction with the building permit. The Construction Official or Zoning Officer shall withhold the issuance of any such driveway permit unless such driveway is approved in accordance with this chapter. Any application to construct a driveway which is located upon a Sussex County roadway shall include proof of Sussex County approval. [Amended 2-2-1995 by Ord. No. 3-95]

J. It shall be the duty of the applicant to properly guard the construction of a driveway regulated under this chapter by erecting suitable barriers, warning signs and lanterns, and such applicant shall be liable for any neglect to safeguard the traveling public.

A. General application. No building or structure shall have a greater number of stories or greater number of feet than is permitted in the zone where such building or structure is located.

B. Permitted exceptions.

(1) Height limitations stipulated elsewhere in this chapter shall not apply to churches, spires, belfries, cupolas and domes, monuments, historic edifices, chimneys, flagpoles, private radio and television antennas, towers, fire towers, tanks, water towers and standpipes, all attached to the principal structure, and essential services. All freestanding exceptions shall be considered as accessory structures.

(2) Mechanical appurtenances, such as condensers, elevator penthouses, exhaust fans, air-conditioning equipment and other similar equipment, are exempt from these height restrictions, provided that they do not extend more than 10 feet above the maximum height limitation, cover no more than 10% of the roof area and are properly shielded by a parapet wall.

A. The requirements for critical areas shall be considered as minimum requirements.

B. A buffer is an area consisting of trees, shrubs, fencing or a combination of all of these so installed as to provide both a visual and an acoustical barrier between properties with different types of uses. No building, parking area, street, sign, except traffic directional sign, or storage of materials shall be permitted within a buffer, except for entrance and exit roads which cross the buffer.

C. Minimum buffer for the single-family detached residential zone adjacent to or across from other uses. Where a single-family detached residential zone abuts, is adjacent to or across from a multifamily zone, residential planned development zone or any nonresidential zone, the following minimum buffer distances shall be maintained in the multifamily or nonresidential area. These buffers shall be in addition to any required minimum yard requirements.

Minimum Buffer Required

D. Agricultural uses shall provide a buffer of 30 feet along the side and rear lot lines.

E. A quarry use, as permitted in the M-2 Zone, shall provide a buffer of 300 feet with any zone boundary and 200 feet with any adjacent lot in the same zone or any public road or highway.

F. Within an MPD Zone, the buffers indicated in Subsection C above shall be provided.

A. Off-street parking required.

(1) In all zones, in connection with every industrial, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking for automotive and other vehicles in accordance with the requirements set forth herein. Such facilities shall be completed prior to the issuance of a certificate of occupancy. The applicant shall also meet the requirements of P.L. 1975, c. 221, requiring parking spaces for the handicapped. No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street, loading or unloading area for a use or structure on any other lot. Parking areas may be located in rear or side yards, but may not be located in any required minimum front yard area, except for single-family detached dwellings, and are subject to buffer requirements and other requirements of this chapter.

(2) Parking for B-1- , B-2- and B-3-type uses shall be located in other than the required front yard area or the required side yard area on the street side in the case of corner lots. Such parking areas shall be illuminated during operating hours, if they occur after sunset, and shall not be located closer than 50 feet to a residence zone.

(3) Parking for M-1- and M-2-type uses shall be located in other than the required front yard area and shall not be located closer than 100 feet to a residential zone boundary. Parking for uses as permitted in the M-1 and M-2 Zones shall be screened from adjacent residential properties. Such screening shall consist of proposed buildings, installation of fences, installation of vegetative screening or such other effective method as the reviewing board may deem appropriate. Adequate view screening shall be determined via the use of line-of-sight diagrams submitted as a part of any site plan or other relevant application. Where adequate screening cannot be provided, the reviewing board may deny the relief requested or impose appropriate conditions. [Amended 11-4-1998 by Ord. No. 29-98]

B. Size of parking spaces. Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and shall measure at least 10 feet in width by 20 feet in length and shall be of usable shape and condition.

C. Off-street open parking requirements for particular uses. The number of off-street parking spaces required shall be as set forth in the following table in accordance with the indicated standards:

D. Off-street parking requirements for combination of uses. The parking requirement for each use shall be computed separately, and then such requirements shall be added together to compute the total number of required parking spaces. In all questionable or doubtful cases or for uses not enumerated, the Planning Board shall determine the required number of spaces, utilizing as a standard the requirements for the uses which are specifically enumerated.

E. Parking areas.

(1) No parking area shall be used for the following:

(a) For commercial repair work or sales of any kind or for the commercial storage of new or used motor vehicles.

(b) For the storage of stock, material, merchandise or equipment or junk, rubbish or fixtures or abandoned, inoperable, dismantled or wrecked motor vehicles.

(2) No sign, other than entrance, exit, identification and conditions of use signs, shall be placed or maintained in any parking area. No such sign shall be larger than two square feet in area.

F. Location in different zones. No access drive, driveway or other means of ingress and egress shall be located in any residential zone to provide access to uses other than those permitted in such residential zone.

G. Design, surfacing and maintenance of parking areas, except for single-family detached dwellings.

(1) The parking spaces should be 10 feet by 20 feet and separated by double lines (hairpin markings), except that spaces for trucks shall be larger in accordance with the type of truck to be parked. All parking areas should be curbed, and, if sidewalks or walkways are not provided, front wheel bumpers should be installed. If the raised paved area beyond the curb is widened to accommodate vehicle overhang, the length of the stall may be shortened. The curb should be either poured concrete, precast concrete or Belgium block.

(2) Parking areas provided for uses, except for single-family detached dwellings, shall be surfaced with either a bituminous concrete pavement with a minimum four-inch crushed stone base and a two-inch wearing surface or a six-inch reinforced concrete pavement maintained in good condition and shall be so graded and drained as to dispose of all surface waters to the satisfaction of the Borough Engineer.

(3) For parking areas referred to in this subsection, it shall be the responsibility of the owner of the property to maintain all off-street parking, loading and unloading areas, driveways, aisles and accessways in good condition, free of sagging conditions, potholes, cracked pavement, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs, after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the Borough residents and visitors or may revoke the owner's certificate of occupancy and require the property to be vacated.

A. In all zones, for every building or part thereof hereafter erected which is to be occupied for manufacturing, storage, goods display, retail store, wholesale store or warehouse, market, hospital, laundry, dry cleaning or other uses requiring the receipt or distribution of materials or merchandise by vehicles, there shall be provided and maintained, on the same premises with such building, off-street loading spaces in relation to the gross floor area of every such building as follows:

(1) Up to 10,000 square feet: one space.

(2) For each additional 10,000 square feet or any portion thereof: one additional loading space.

B. Each loading space shall be at least 12 feet in width, 45 feet in length and shall have a fourteen-foot overhead clearance.

C. Such loading space shall be permitted only in the side or rear yard of the premises to which it is appurtenant, provided that no part of said space is nearer than five feet to any side or rear property line.

D. Off-street loading and unloading space shall be subject to the requirements of § 242-26E, F and G.

E. The requirement of off-street loading and unloading space is in addition to the parking requirements of § 242-26, and space provided under § 242-26 or 242-27 may not be counted under § 242-27 or 242-26, respectively.

[Added 5-1-2002 by Ord. No. 12-2002]

A. General provisions related to fences and retaining walls.

(1) Permit required. [Amended 7-18-2007 by Ord. No. 17-2007]

(a) No fence, wall, or bulkhead shall be constructed on any lot without a building permit as required by the provisions of this section, the Borough Building Code, located in Chapter 93, and/or the Uniform Construction Code.

(b) A zoning permit shall be required for constructing any fence or retaining wall or bulkhead.

(c) For the purposes of Subsection A(1)(b) of this section, a retaining wall is any wall retaining earth or other material where the exposed face of the wall is greater than four feet high.

(2) An applicant who obtains a zoning or building permit has 12 months from the date the permit is issued to complete construction of the fence, bulkhead or retaining wall. If the fence, bulkhead or retaining wall is not completed within 12 months, the building or zoning official shall revoke the permit and the applicant may reapply. [Amended 7-18-2007 by Ord. No. 17-2007]

(3) No retaining wall or fence shall be erected in any location or to any such height so as to impair sight distance and affect safe ingress and egress from any lot or street.

(4) Any bulkhead wall along the shoreline of Lake Hopatcong or Bear Pond shall also comply with the provisions of § 242-30.

(5) This section shall not apply to arbors, provided that the same are located within the subject property and are located a minimum of 10 feet from any property line bordering on a right-of-way.

B. Fences.

(1) No fence shall be erected within five feet of a street right-of-way.

(2) All fences must be constructed on the property of the applicant.

(3) Fences erected in a front yard shall not be more than four feet in height.

(4) Fences erected in the side or rear yard shall not exceed six feet six inches in height.

(5) For commercial or industrial property the maximum height shall be 10 feet. In addition, fences erected in the rear yard of lakefront properties shall conform to the rear yard provisions otherwise established in this chapter.

(6) All fences, when constructed, shall be placed such that the finished side faces adjoining properties and/or areas exposed to public view. [Amended 7-18-2007 by Ord. No. 17-2007]

(7) The foregoing limitations shall not apply to fences used in connection with agricultural uses, provided the same do not obstruct vision for purposes of traffic safety, nor shall said limitations apply to fences or walls required by the Planning Board in connection with site plan approval.

(8) All fences shall be constructed of chain link with a mesh size of 1 1/4 inches or greater, ornamental wire, wrought iron, wood or masonry. No fence shall be constructed of solid corrugated steel, solid sheet metal, barbed wire, razor wire, or any other material that has sharp or dangerous protrusions. Exceptions from the limitations of this section may be made by the Planning Board or Zoning Board of Adjustment for commercial property. [Amended 7-18-2007 by Ord. No. 17-2007]

C. Retaining walls. Retaining walls may be constructed in accordance with the following requirements:

(1) No retaining wall shall be erected within five feet of a street right-of-way line or side or rear property lines.

(2) No retaining wall shall be permitted to incorporate glass or spikes.

(3) All retaining walls shall be positively drained by providing sufficient underdrain installation. Surface drainage shall not be permitted to flow directly against the face of the wall.

(4) A retaining wall whose primary purpose is to bring the level of the property up to that of the roadway may be permitted to be constructed within a road right-of-way upon application to and approval by the Mayor and Council. The design and construction of any such wall shall be subject to the approval of the Construction Official. The top of the retaining wall shall be no higher that the road grade or pavement. No approval under this subsection shall be construed as granting any rights to utilize the public right-of-way for any purpose other than access to the adjoining property. A retaining wall whose primary purpose is to bring the level of the property up to that of the roadway may be permitted to be constructed within a road right-of-way upon application to and approval by the Mayor and Council. The design and construction of any such wall shall be subject to the approval of the Construction Official. The top of the retaining wall shall be no higher that the road grade or pavement. No approval under this subsection shall be construed as granting any rights to utilize the public right-of-way for any purpose other than access to the adjoining property.

D. Special provisions for railroad tie retaining walls.

(1) Railroad tie retaining walls may be constructed to a maximum height of 64 inches above ground. If a railroad tie retaining wall exceeds 64 inches, the wall shall be designed as a closed-face timber curb retaining wall with a maximum height of 12 feet and shall be designed by a professional engineer or architect.

(2) Railroad tie retaining walls shall conform to the requirements of the Borough Building Code.

(3) Railroad tie retaining walls shall conform to the following minimum requirements:

(a) Tiebacks shall be a minimum of seven feet and shall be provided with a four-foot minimum length deadman.

(b) Tiebacks shall be installed on alternate courses at 16 feet on center and shall be offset horizontally eight feet from the tieback below.

(c) The face of the wall shall have a minimum batter of two inches per foot.

(d) The bottom course of the tie wall shall be set in an eight-inch sand bed and shall be pinned to firm ground with two one-half-inch-diameter steel rods per bottom tie. The top of the bottom course tie shall be set at the finished grade at the bottom of the wall.

(e) All ties shall be spiked with four drift pins per tie and shall be of sufficient length to penetrate two members and four inches into the third member.

(f) All cuts or bored holes should be, but are not required to be, coated with two coats of a wood preservative to treat the timber.