A. Purpose. The purpose of these provisions is to provide for the reasonable control over the development of piers, boathouses and marinas so that the interest of individual waterfront property owners is balanced with the interests of the state, the community and the general public and to ensure reasonably safe and unobstructed movement of water traffic, as well as to the most utilization of water resources, and to secure the safety and promote the health, morals and general welfare of the Borough.

B. General requirements applicable to all piers, boathouses and marinas.

(1) No dock, pier, boathouse or marina shall be constructed, enlarged or extended unless and until the owner secures from the Construction Official a building permit as provided under the Building Code. Normal maintenance and repair shall not require a construction permit.

(2) Prior to the issuance of a building permit for a marina, the Planning Board shall review and approve a site plan showing, among other things, water and land traffic circulation, parking, moorings, landscaping, signs and such other data as may be required to permit a competent and thorough review. Compliance with Planning Board conditions of approval shall be made a condition for the issuance of a certificate of occupancy.

(3) All site plan applications for a marina shall be referred to the Lake Hopatcong Regional Planning Board, the New Jersey State Police, Marine Police Bureau and the New Jersey Division of Forest and Parks- Hopatcong State Park for comment and suggestion. [Amended 4-1-1998 by Ord. No. 10-98]

(4) No pier, dock or marina shall extend into any waterway beyond the pierhead line or more than 15% of the waterway measured on a line perpendicular to the closest opposite shore, whichever is less. In no event shall any pier, dock or marina extend into any dredged channel or waterway.

(5) For the purpose of determining the exterior limits of piers, docks and main walks, any structure, including pilings driven independently of another structure, used for the mooring of boats shall be considered to be a part of the pier itself.

(6) The top of any pier, dock or catwalk shall not be less than 14 inches from the high-water elevation.

(7) It shall be the responsibility of the owner of a pier, boathouse or marina to maintain said facility in good condition and free of litter and refuse. If said facility is in danger of becoming a hazard to residents, visitors, swimmers or boats or could adversely affect navigation by reason of structural members extending or floating into waterways, then the Construction Official shall notify the owner to undertake repairs.

(8) Nothing in this section shall be construed to waive the jurisdiction or remedies of the Zoning Board of Adjustment, where applicable; and, additionally, any pier, dock, boathouse or marina proposed to be extended beyond 15% of the width of the waterway shall also be approved by the State Department of Environmental Protection.

(9) When floating docks are utilized, all flotation materials shall be made of a solid material or shall be encapsulated within a fiberglass, plastic or other solid similar container so as to prevent the breakup or release of the flotation material. [Added 11-7-1996 by Ord. No. 25-96]

C. Development controls for private piers and docks. No piers or docks shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements:

(1) Private piers and docks shall be permitted in all zones where lots have water frontage.

(2) No dock or pier shall be located within 10 feet of a side property line.

(3) The length of a pier or dock shall not exceed the width of the lot at the mean waterline, but in no event shall a pier or dock extend beyond the pierhead line. [Amended 4-1-1998 by Ord. No. 10-98]

(4) No combination of docks and boathouses shall occupy more than 15% of the water lot area within the pierhead line.

(5) No dock, main walk or pier shall have a width of less than four feet, exclusive of pilings or other structural members.

(6) There shall be not more than one dock, pier or main walk for each lot or for each 100 feet of frontage.

(7) The distance between piers and docks shall be a minimum of 21 feet. This action shall not apply to the individual walks of an irregular shaped private pier or dock as provided in Subsection C(10) hereof. [Amended 4-1-1998 by Ord. No. 10-98]

(8) No dock, pier or main walk shall provide permanent mooring facilities for more than four boats.

(9) In cases where docks or piers are covered, the requirements shall be the same as those required for boathouses. This provision shall not apply to temporary covers over docks, including but not limited to covers made of canvas, rubber, polyethylene or similar material. [Amended 10-7-1998 by Ord. No. 26-98]

(10) Irregularly shaped private piers and docks in the shape of a "U," a "T" or an inverted "L" are permitted, provided that all other requirements of this chapter are met. The sum of the lengths of all of the legs, both horizontal and vertical, of any such irregularly shaped dock shall not exceed 50 feet. Further, the total width of any such dock as measured horizontally along the shoreline shall not exceed 25 feet. In the case of a U-shaped dock, the maximum distance between the two vertical legs of the "U" shall be 12 feet. [Added 11-7-1996 by Ord. No. 25-96]

(11) In cases where a boat lift, personal watercraft ramp and/or similar device or appurtenance is covered, said device or appurtenance shall be subject to the requirement contained in the subsection for boathouses. This provision shall not apply to temporary covers over said devices, including but not limited to covers made of canvas, rubber, polyethylene or similar material. In cases where a boat lift, personal watercraft ramp and/or similar device or appurtenance is covered, said device or appurtenance shall be subject to the requirement contained in the subsection for boathouses. This provision shall not apply to temporary covers over said devices, including but not limited to covers made of canvas, rubber, polyethylene or similar material. [Added 10-7-1998 by Ord. No. 26-98]

(12) Special provisions for boat lifts, personnel watercraft ramps and/or similar devices. [Added 8-5-1998 by Ord. No. 18-98]

(a) When a boat lift, personal watercraft ramp and/or similar device or appurtenance is attached or is immediately appurtenant to a dock which conforms to the sideline requirements, said appurtenance shall not be subject to the sideline requirements. Said appurtenance shall also not be included as part of the calculation of the maximum width requirement for said dock.

(b) When a boat lift, personal watercraft ramp and/or similar device or appurtenance is proposed to be located separate and apart from a dock, or attached to an existing dock in the area of a nonconforming sideline, said device or appurtenance shall be considered as a separate dock and is subject to all the requirements of this chapter.

(c) In cases where a boat lift, personal watercraft ramp and/or similar device or appurtenance is covered, said device or appurtenance shall be subject to the requirements contained in this chapter for boathouses.

D. Development controls for boathouses. No boathouse shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements:

(1) Boathouses shall be permitted in all zones where lots have water frontage.

(2) No boathouse shall be located within 14 feet of a side property line.

(3) No boathouse shall be closer than 28 feet from a neighboring pier, dock or boathouse. [Amended 4-1-1998 by Ord. No. 10-98]

(4) Any combination of piers, docks, main walks and boathouses shall not occupy more than 15% of the water lot area within the pierhead line. In no case shall a boathouse alone exceed 10% of the water lot area within the pierhead line.

(5) There shall not be more than one boathouse for each lot.

(6) Boathouses shall be located over the water and shall abut the lake shoreline.

(7) Ingress and egress for boats shall be perpendicular to the shoreline.

(8) There shall be no living or sleeping accommodations or cooking or toilet facilities provided in any boathouse.

E. Development controls for marinas. No marina shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements:

(1) Marinas shall be permitted only in those zones wherein said use is a permitted use.

(2) No dock, pier or main walk as part of a marina shall be located within 16 feet of a side property line, nor shall a pier within a marina be located closer than 30 feet from a private pier.

(3) No marina shall occupy more than 25% of the water lot area within the pierhead line.

(4) No main walks shall be less than eight feet in width, and no catwalks shall be less than two feet in width.

(5) More than one main walk or pier is permitted, provided that:

(a) The channel to open water shall not be less than four times the width of the widest boat moored in the marina.

(b) The clearance in berthing and maneuvering areas within the marina shall not be less than twice the length of the longest boat moored in the marina.

(6) In cases where piers are covered, the maximum height shall not exceed 16 feet above the high-water mark.

(7) No boat or vessel or other floating structure which is moored at a marina may be utilized for overnight habitation. [Added 7-2-1987 by Ord. No. 23-87]

(8) In reviewing any site plan for a marina development or for any expansion of a marina, the reviewing board may require the applicant to install a sewage and/or graywater disposal system to accommodate any waste products generated at or on the boats moored at the marina. Said disposal system may involve the pumping of waste from an onboard storage system to an area for proper sanitary disposal as well as an area for the disposal and rinsing of the contents of any portable or removable device. The review board shall refer any such system to the Board of Health and the Lake Hopatcong Regional Planning Board for review and comment. In determining whether or not to require the installation of such a system, the reviewing board shall consider the following factors: [Added 7-2-1987 by Ord. No. 23-87]

(a) The total number of boats to be moored at the facility.

(b) The nature and type of boats to be moored at the facility.

(c) The size of the boats to be moored at the facility.

(d) Any other factors the reviewing board deems relevant.

F. The following technical details shall apply to all waterfront developments:

(1) The maximum width of private docks shall be no more than five feet, except upon authorization of the appropriate municipal reviewing board where it can be demonstrated that additional width is required to assure structural stability. In any event, the overall width shall not exceed 10 feet. [Amended 4-1-1998 by Ord. No. 10-98]

(2) The maximum width of catwalks shall be no more than four feet.

(3) No solid structures shall be permitted which lower or adversely affect the capacity of the lake or water flow except by permission of the Department of Environmental Protection.

(4) Crib structures may be allowed, provided that their length does not exceed the width of the dock or pier.

(5) Crib structures shall not exceed 1/2 of the span between adjacent piling bents.

(6) Design of any structure must provide for the free flow of water.

[Amended 12-6-1984 by Ord. No. 40-84; 11-5-1992 by Ord. No. 30-92; 4-3-2002 by Ord. No. 8-2002]

A. Applicability. Home offices/home occupations as defined herein shall be a permitted use in the R-1, R-2 and R-3 Zones.

B. Definition. It is the intention of this section that a "home office/home occupation" is defined as an activity operated for pecuniary gain in, or directed from, a residential dwelling unit by one or more of the residents of that unit. Said use shall be of an accessory character and shall be clearly incidental to and subordinate to the use of the dwelling for dwelling purposes. A home occupation shall be conducted entirely within a dwelling and shall not change the character thereof and shall not adversely affect the residential nature of the zone in which it is located.

C. Regulations. Any owner or tenant of a single-family house may utilize a portion of his or her home for any lawful activity which qualifies as a home office/home occupation subject to the following conditions:

(1) Only one such home office/home occupation use shall be permitted per residential property.

(2) The use shall be clearly accessory to the principal use of the structure.

(3) The use shall be conducted by the owner or tenant residing on the premises or members of the immediate family residing on the premises.

(4) The use shall not occupy more than 25% of the dwelling unit. In no event shall the area of the home utilized for such use exceed 500 square feet.

(5) The use shall be conducted solely within the principal structure.

(6) There is to be no external display of goods or any outdoor activity or advertising on the premises. Similarly, signs indicating the presence of the home office/home occupation are not permitted.

(7) Any published advertising shall list only the telephone number and/or postal box address of the occupation and not the street address of the home.

(8) No noise related to the home occupation use shall be audible to adjacent property owners or interfere with the quiet enjoyment of their property.

(9) The use of the home for a home occupation or a home office shall not adversely affect adjacent property owners or interfere with the quiet enjoyment of their property by causing air pollution, including noxious odors, or water pollution or electrical interference. No equipment or process shall be used in such home office or home occupation which creates noise, vibration, glare, flames, odors or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family dwelling residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

(10) There shall be no outside storage of any kind related to the home office or home occupation.

(11) No such use shall require external alterations to the dwelling unit or the site upon which it is located. In no event shall the appearance of the structure be altered or the home occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or signs or by the emissions of sounds, noises and vibrations.

(12) No such use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.

(13) Any deliveries of materials to or from the home office or home occupation shall be made during the hours of 9:00 a.m. to 8:00 p.m., Monday through Saturday.

(14) No traffic shall be generated by any such home office or occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and in the driveway of the home. Vehicular traffic flow and parking shall not be increased by more than one additional vehicle at any given time.

(15) No firearms or explosives or hazardous materials may be used in any form on the site of said business.

(16) A maximum of one employee (other than the residents of the household) may be on the premises at any time. This subsection does not preclude the operator of the home office or home occupation from having employees, associates, partners, supervisors, etc., who are stationed off the premises. A maximum of one employee (other than the residents of the household) may be on the premises at any time. This subsection does not preclude the operator of the home office or home occupation from having employees, associates, partners, supervisors, etc., who are stationed off the premises.

(17) The area utilized for said use shall not have independent access and shall be a room or area within the home. The area of such use shall not contain any kitchen or bathroom facilities which are separate from the remainder of the dwelling unit.

(18) Such use shall not include any area for the display of retail goods.

D. Application procedure.

(1) Any applicant seeking to utilize an area of a residential premises as a home office/home occupation shall make application to the Zoning Officer. The application shall include identification information as to the applicant and proposed business and include a simplified site plan indicating the use of the principal structure and how the occupation is to be conducted. Professional-engineering-type plans are not required. Such application shall also require the applicant to certify in the form of a notarized affidavit that he or she will comply with the conditions contained in this section. Where the home office/occupation is to be conducted by a tenant in a structure, the application shall include the permission/authorization of the owner of the property.

(2) The Zoning Officer shall review the application within a period of 10 days and notify the applicant as to the completeness of the application. If the application is found to be incomplete, the applicant shall be requested to provide the complete information within 30 days. If the application remains incomplete at that time, the application shall be considered to be dismissed without prejudice.

(3) Once an application is found to be complete, the Zoning Officer shall review the same to determine if it:

(a) Meets the definition of a home office/home occupation; and

(b) Complies with the provisions of Subsection C herein.

(4) If the Zoning Officer determines that the application meets both Subsection D(3)(a) and (b), he or she shall approve the application, place it on file and notify the applicant. In the event that the Zoning Officer determines that the application fails to meet the definition of a home office/home occupation, he or she shall reject the application and refer the applicant to the Zoning Board of Adjustment. In the event that the Zoning Officer determines that the applicant fails to comply with the provisions of Subsection C, the Zoning Officer shall notify the applicant and refer the matter for review by the Borough Planning Board.

(5) The Zoning Officer shall issue a quarterly report to the Mayor and Council and Planning Board summarizing all home office/home occupations approved in the preceding calendar quarter.

(6) Any person aggrieved by the decision of the Zoning Officer may appeal the decision to the Borough Zoning Board of Adjustment.

E. Special provisions for family home day-care providers.

(1) Family home day-care providers are considered to be a permitted use in all residential zones and shall be classified as a home occupation.

(2) An application shall not be required under Subsection D for family home day care where six or fewer children are accommodated. All family home day-care providers shall be subject to the requirements of Subsection C with the exception of Subsection C(4), (14) and (17).

(3) No family home day-care provider shall operate this use before 6:00 a.m. and after 7:00 p.m.

(4) Outside yard areas used for family home day-care use are permitted, provided said areas are fenced, said fence to be a minimum of three feet in height.

(5) A yearly water test shall be made and submitted to the Board of Health, unless the home is served by the municipal water system.

(6) Those engaging in this use shall list their names and the address of the premises with the Zoning Officer, who shall forward said information to the Police Department, Fire Department and the Ambulance Squad.

F. Effect of home office/home occupation approval. An approval pursuant to this section shall be considered to run to the home office/home occupation of the specific applicant for the specific property. In the event that the property is sold or vacated, any prior approval under this section shall be considered to be null and void and any subsequent use shall require a new application.