A. Permitted principal uses. The following shall be permitted uses in all R-3 Zones and Districts:

(1) Agricultural uses on lots of five acres or more in accordance with § 242-33, Agricultural uses.

(2) Single-family detached dwellings.

(3) Such municipal buildings, parks, playgrounds or other municipal facilities as are deemed necessary and appropriate by the governing body.

(4) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

B. Permitted accessory uses. The following shall be permitted accessory uses in all R-3 Zones, in addition to and in accordance with the provisions of § 242-15, Accessory buildings and structures:

(1) Customary farm buildings for the storage of products or equipment located on the same parcel as the principal use.

(2) Roadside stands, in connection with a farm operation, for the purpose of display and sale of farm products raised by the owner on the premises, provided that the stand is set back at least 50 feet from the street line.

(3) Signs in accordance with § 242-29.

(4) Home occupations in a single-family detached dwelling in accordance with § 242-31.

(5) Professional offices in residential zones in a single-family detached dwelling in accordance with § 242-32.

(6) Private swimming pools.

(7) Fences.

(8) Private garages.

(9) Docks, piers and boathouses in accordance with § 242-30.

(10) Other customary accessory uses and buildings, such as detached garages, yard utility buildings and off-street open parking, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

C. Conditional uses. The following are permitted conditional uses in the R-3 Zone:

(1) Public utility installations.

(2) Senior citizen retirement projects in accordance with § 77-61.

(3) Hospitals. [Amended 2-22-1989 by Ord. No. 10-89]

(4) Churches or places of worship and religious instruction.

(5) Country clubs, community centers and recreation facilities.

D. Requirements. Area, yard and building requirements shall be as follows:

(1) Minimum lot size: five acres, except as provided in § 242-50, Open space zoning. [Amended 9-18-1997 by Ord. No. 30-97]

(2) Minimum lot width.

(a) Interior: 200 feet.

(b) Corner: 225 feet.

(3) Minimum lot depth: 300 feet.

(4) Minimum front yard setback: 75 feet.

(5) Minimum side yard setback.

(a) Each side: 40 feet for principal buildings.

(b) Each side: 40 feet for accessory uses.

(6) Minimum rear yard: 50 feet for principal structures and 40 feet for accessory uses. Further, no accessory building in a rear yard shall be closer than 40 feet to any side lot line.

(7) Maximum building height: the lesser of 35 feet or 2 1/2 stories.

(8) Maximum lot coverage: 15%. Notwithstanding the provisions of any other part of this chapter, lot coverage includes all building structure footprints and overhangs, including all areas under roof supported by columns but not having enclosing walls, covered decks, solid fiberglass decks, asphalt, concrete or similar types of pavement and/or walkways. Lot coverage shall not include timber and/or plastic or composite decks with spaces between the decking, all pools, driveways and/or walkways made with gravel, shells or crushed stone surfaces, open grid pavers, pervious pavers and stepping-stone-type driveways and/or walkways. [Amended 10-18-2006 by Ord. No. 29-2006]

(9) Floor area ratio as defined in § 242-5 for all lots within the R-3 Zone shall be not more than 0.2. See § 242-38D(9). [Amended 6-19-2002 by Ord. No. 20-2002]

E. Open space zoning requirements.

(1) Open space zoning may be utilized in this zone in accordance with § 242-50, Open space zoning.

(2) Any subdivision employing open space zoning shall not be approved if there is more than one building lot per five acres, including all lands to be reserved as open space. The minimum lot area shall not be less than 40,000 square feet. [Amended 9-18-1997 by Ord. No. 30-97]

(3) Minimum lot width, depth, yards, height and lot coverage limits and usable floor space requirements shall be as provided for in § 242-39D.

F. Exceptions. No lot shall be considered to be substandard under § 242-41D(1) subsequent to the effective date of the amendment to said section, provided that said lot shall meet any of the below-listed criteria as of the effective date of this amendment: [Added 9-18-1997 by Ord. No. 30-97]

(1) Any existing lot on which a single-family residential dwelling has been erected.

(2) Any lot created by subdivision approval of the Planning Board or Zoning Board of Adjustment perfected subsequent to May 22, 1979.

(3) Any lot which as of the date of this chapter consisted of three or more acres but less than five acres.

A. Purpose. The Residential Planned Development Zone (RPD) is an area in which it is intended to permit the construction of planned developments having a high quality of layout and design which will stabilize and enhance the character of the area, promote the conservation and protection of natural features, provide a mix of housing types and promote the health, safety and general welfare of the entire Borough. The purposes of the following regulations are to:

(1) Improve the feasibility of creating attractive and usable open space within developments.

(2) Preserve desirable natural features and tree cover.

(3) Provide conditions under which the layout of lots, buildings, streets and other features of land development can be achieved in both an attractive and practical manner.

(4) Encourage forms of development which will be beneficial to the overall Borough.

B. Permitted principal uses. The following uses are permitted principal uses in RPD Zones:

(1) Principal uses permitted in R-3 Zones as provided in § 242-41A.

(2) Residential planned developments in accordance with Subsection D of this section.

C. For developments in accordance with § 242-41, R-3 Zones, permitted accessory uses, conditional uses, requirements and conditions for open space zoning shall be as provided in § 242-41B, C, D and E.

D. Residential planned developments.

(1) Required principal use.

(a) Only residential uses are permitted in an RPD. Of the total number of dwelling units permitted by the gross density of one dwelling unit per five acres, a minimum of 40% shall be single-family detached dwelling units. [Amended 9-18-1997 by Ord. No. 30-97]

(b) "Townhouse" and/or "duplex" and/or "patio-type dwelling units" are herein taken to mean a building designed for or occupied by no more than one family or household and attached to other similar buildings or structures by party walls extending from the foundation to the roof and providing two direct means of access from the outside and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service, heating and gas service. No dwelling unit shall have any part directly above any other dwelling unit.

(2) Permitted accessory uses.

(a) For the portion of the lot developed as single-family detached residences, the provisions of § 242-39B, R-2 Zone, Permitted accessory uses, shall apply.

(b) For the portion of the lot developed as townhouse and/or duplex and/or patio, the permitted uses for townhouses under § 242-40, R-2T Zone, shall apply.

(3) Conditional uses: none.

(4) Requirements. Area, yard and building requirements shall be as follows:

(a) Minimum lot size: 50 acres. [Amended 6-4-1987 by Ord. No. 15-87]

(b) Gross density: one dwelling unit per five acres. [Amended 9-18-1997 by Ord. No. 30-97]

(c) Maximum density in any developed section: five dwelling units per acre.

(d) For the portion of the tract developed as single-family detached dwellings, the requirements for lot size, width, depth, yards, lot coverage and building heights shall be those for the R-2 Zone for single-family detached dwellings, and the minimum lot size under conditions for open space zoning shall be 25,000 square feet.

(e) For the portion of the tract developed as townhouse, patio and duplex construction, the requirements shall be those as specified in the R-2T Zone for townhouses, § 242-40C.

(5) Residential planned developments require site plan approval in accordance with Chapter 191. A time schedule for the proposed stages of development shall be required upon submission of the application.

E. Exceptions. No lot shall be considered to be substandard under § 242-42D(1)(a) or (4)(b) subsequent to the effective date of the amendment to said sections, provided that said lot shall meet any of the below-listed criteria as of the effective date of this amendment: [Added 9-18-1997 by Ord. No. 30-97]

(1) Any existing lot on which a single-family residential dwelling has been erected.

(2) Any lot created by subdivision approval of the Planning Board or Zoning Board or Adjustment perfected subsequent to May 22, 1979.

(3) Any lot which as of the date of this chapter consisted of two or more acres but less than five acres.

(4) Any lot for which site plan approval had been obtained from the Planning Board or Zoning Board of Adjustment subsequent to May 22, 1979.

A. Purpose. The Multiple Purpose Development Zone (MPD) is an area in which it is intended to permit the construction of planned developments having a high quality of layout and design which will stabilize and enhance the character of the area, promote the conservation and protection of natural features, provide a mix of housing types and provide for well-located, clean, safe and pleasant industrial and commercial development.

B. Permitted principal uses. The following uses are permitted principal uses in MPD Zones:

(1) Principal uses permitted in R-3 Zones.

(2) Multiple purpose developments as provided in Subsection E of this section.

(3) Senior citizen housing. [Added 10-4-2000 by Ord. No. 20-2000]

C. Senior citizen housing. [Added 10-4-2000 by Ord. No. 20-2000]

(1) Senior citizen developments, designed as a single entity, which may include all the following uses: [Amended 9-5-2001 by Ord. No. 19-2001]

(a) Housing facilities for the elderly, as defined in this chapter, who require functionally unassisted accommodations.

(b) Institutionalized care facilities designed for the elderly, as defined in this chapter. Such institutionalized care shall be limited to:

[1] Congregate housing facilities or assisted care which provide and make available all supportive services, as defined in this chapter.

[2] Nursing homes, as defined in this chapter, by and subject to all requirements and regulations of the State of New Jersey.

[3] Any development shall include private open space or recreation facilities or municipal or Board of Education parks, playgrounds, buildings and uses deemed necessary and appropriate by the Borough of Hopatcong. This shall constitute not less than 40% of the total tract.

[4] Accessory uses customarily incidental, necessary and subordinate to the uses permitted under Subsection C(1)(b)[1], [2] and [3] above, including not more than one caretaker's residence for each senior citizen housing development, recreation, parking and utility facilities, signs as regulated in this chapter and maintenance equipment structures.

[5] Where low- and moderate-income housing is proposed, density for single-family housing shall be increased by 20% over that indicated in Subsection C(4)(b).

[6] Group homes for all populations at a density of four dwelling units per acre.

(2) Planned senior citizen housing developments shall meet all of the following requirements:

(a) Submission of a general development plan which shall indicate in sufficient detail all aspects of the project as set forth in N.J.S.A. 40:55D-45.2. The Board shall find the following facts and conclusions:

[1] That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to Subsection 52c of the Municipal Land Use Law (N.J.S.A. 40:55D-65C).That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to Subsection 52c of the Municipal Land Use Law (N.J.S.A. 40:55D-65C).

[2] That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

[3] That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

[4] That the proposed development will not have an unreasonably adverse impact upon the area and municipal services.

[5] In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(b) The minimum gross tract area available for any senior citizen housing development shall be 50 acres. In the event that the developer intends to dedicate and convey any parcel of the tract for ownership and use by the Borough or Board of Education as provided in this chapter, a subdivision, limited to accommodate such dedication and conveyance, shall be permitted.

(c) For permanent open space/recreation facilities where public use is permitted under Subsection C(1)(a)[3] above, not less than 40% of the gross tract area shall be provided. To the extent possible, this land shall be configured to provide the greatest flexibility of use. Terrain, location and parcel size shall be optimized.

(d) Utilities.

[1] Every building within the senior citizen housing development shall be connected to a public sewage disposal and central potable water system, as approved by the Planning Board. Additionally, the area utilized for open space in accordance with Subsection C(2)(c) shall have public sewage and central potable water services made available by the developer of the senior citizen housing development to the satisfaction of the Hopatcong Borough Planning Board. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the Hopatcong Borough Planning Board in the general development plan, pursuant to Subsection C(2)(a).

[2] All utility lines, including power, telephone and cable television lines, shall be installed underground and adequately shielded.

[3] Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer and Fire Chief.

[4] On-site public utilities facilities may serve off-site uses as permitted by the Planning Board.

[5] No development shall be permitted until site plan approval has been granted.

[6] Provision shall be made for storage and removal of waste and recyclable materials in accordance with applicable statute.

(e) Notwithstanding the number of intended construction phases of the senior citizen housing development, the entire project shall be designed as a single entity, the design for which shall be approved by the Planning Board pursuant to Subsection C(2)(a). Construction phasing shall be in accordance with the Municipal Land Use Law of the State of New Jersey. The scheduling of construction and the issuance of permits shall be consistent with Subsection H of this section.

(f) Architecture and construction.

[1] The architecture employed shall be aesthetically harmonious among structures, phases and sections of the senior citizen housing development, as well as with the surrounding area as approved by the Planning Board. All buildings shall be constructed in accordance with the Uniform Construction Codes and shall comply with all requirements of the applicable Fire Code, as well as any applicable municipal or state requirements.

[2] All exteriors of building perimeter walls shall be of wood, brick, stone, vinyl siding or other accepted durable material; provided, however, that both asbestos shingle and cinder block as an exterior finish are prohibited.

[3] The exterior of accessory structures shall harmonize architecturally with and be constructed of materials of like character to those used in principal structures.

[4] In order to promote the development of harmonious streetscapes, the design of individual detached units shall utilize a suitable variety of different exterior finish materials and employ altering design of facades. Adjoining dwellings shall be either distinctly different models or have distinctly different facades with distinctly different finish materials throughout.

[5] Development design shall take advantage of topography to isolate incompatible uses and to provide focal points for residential uses.

[6] Development shall avoid ridge lines. Development design which abuts existing residential uses shall be designed to be a transition from single-family detached to multifamily use.

[7] For design standards and landscaping, see Subsection C(5).

(3) Institutionalized care. Where such use is proposed, use on that portion of the tract delineated by the general development plan for institutionalized-care facilities, as permitted under Subsection C(2)(a) above, shall meet the following standards:

(a) Development intensity. There shall be a capacity for not more than 14 beds or accommodations for over 14 patients or residents per acre of land within the tract portion as delineated. For the purpose of establishing development intensity, the calculation of patient capacities within nursing units or residential health-care units shall be by actual bed count provided. The calculation of patient/resident capacities within congregate housing facilities shall be by multiplying each bedroom provided by 1 1/2.

(b) Floor area ratio. The floor area of all buildings shall not exceed 35% of the land area within the tract portion as delineated.

(c) Lot coverage.

[1] The building coverage, as defined in this chapter, shall not exceed 20%.

[2] The aggregate coverage, as defined in this chapter, shall not exceed 40%.

(d) Setbacks. No building or structure of any kind other than those which may be necessary to provide or control access to the permitted use shall be placed within 65 feet of a project perimeter or any perimeter of the tract.

(e) Height. No building or structure shall exceed 40 feet in height; provided, however, that no building shall have more than three stories. This shall be conditioned upon a finding by the Planning Board that the Fire Department possesses adequate firefighting equipment which will permit fire fighters to reach the roofs of such buildings.

(f) Parking. Off-street parking shall be provided at the rate of 1/2 space per patient or resident capacity. Off-street parking facilities are permitted in any yard, provided that no parking area may be within 25 feet of any street line or 65 feet from any other perimeter line of the tract portion as delineated.

(g) Signs. The installation of any sign shall be in compliance with provisions of this chapter.

(4) Housing facilities for the elderly. Uses on that portion of the tract delineated by the general development plan for housing elderly persons as permitted under Subsection C(2)(b) above shall meet the following standards:

(a) Housing types. Residential accommodations for elderly persons shall be comprised of either one or a combination of the following dwelling types:

[1] Townhouses.

[2] Patio houses, consisting of two attached individual dwellings, each occupied exclusively as a residence by one family, attached by a common (party) wall to not more than one similar structure, surrounded by open space on three sides. This open space shall be divided from the open space generally available to the public, creating private open space for each unit. This division may be accomplished through construction of walls, landscaping or other means approved by the Planning Board. Common (party) walls may be along living areas, garages, porches, courts or combinations thereof.

[3] Single-family detached houses shall be provided, each occupied exclusively as a residence by one family and unattached to any other dwelling by any means; provided, however, that the number of such detached housing units may not be less than 50% of all dwelling units to be constructed as housing facilities for the elderly. This includes nursing homes, assisted living and all other housing permitted under this code. The minimum lot size for single-family detached houses shall be 6,600 square feet. [Amended 2-4-2004 by Ord. No. 2-2004]

[4] Garden apartments, provided that none shall be back-to-back units.

(b) Density. The maximum residential density shall not exceed one unit for every two acres of land within the tract. For purposes of this section, a "unit" is defined as a single-family unit. [Amended 12-6-2006 by Ord. No. 37-2006]

(5) Design standards for permitted uses other than institutionalized care.

(a) Setbacks. No building shall be closer than:

[1] Sixty-five feet to the perimeter of tract portion as delineated.

[2] Twenty-five feet to the curbline of any internal public or private roadway from any portion of the structure other than porches (including steps). Porches (including steps) may be constructed no closer than 20 feet to the curbline.

(b) Building height. No building shall exceed a height of 35 feet or three stories, whichever is less, except garden apartments (also known as "manor homes") inclusive of first floor garages shall not exceed a height of 65 feet measured to the highest point of the roof or four stories, whichever is greater. [Amended 2-4-2004 by Ord. No. 2-2004]

(c) Screening. Those setbacks required under Subsection C(5)(a)[1] above shall be designed to function as landscaped buffer areas and shall not contain any building, structure or improvements other than for necessary access into the interior of the portion of the tract as delineated and as approved by the Planning Board; provided, however, that customary driveways leading to attached garages are permitted within the setback required under Subsection C(5)(a) above.

(d) Distance between buildings.

[1] Townhomes and garden apartments. [Amended 2-4-2004 by Ord. No. 2-2004]

[a] Townhomes (also known as "carriage homes"). The minimum setback for side-to-side building separation shall be 35 feet. The minimum setback for rear-to-rear building separation shall be 40 feet. No building or recreational facility shall be located within 75 feet of a power line right-of-way or within 200 feet of an unshielded electrical facility.

[b] Garden apartments (also known as "manor homes"). The minimum setback for side-to-side building separation shall be 50 feet. The minimum setback for rear-to-rear building separation shall be 50 feet. No building or recreational facility shall be located within 75 feet of a power line right-of-way or within 200 feet of an unshielded electrical facility.

[2] Patio houses: 50 feet between structures, except the structures may be separated by a distance not less than the average height of the buildings, measured from ground levels to the peak of the roof where an end wall of a patio house faces the end wall of another patio house or of a detached house. Where one or both roofs of adjacent buildings slope away from the neighboring structure, the building height shall be measured at a point 1/2 the distance between the roof peak and the roof gutter to ground level.

[3] Single-family detached houses. The minimum setback for side-to-side building separation shall be 20 feet. There shall be two side yards with a total width of not less than 20 feet. The width of the narrower of the two side yards shall not be less than five feet. The minimum setback for rear-to-rear building separation shall be 40 feet. [Amended 2-4-2004 by Ord. No. 2-2004]

(e) Building size. No townhouse structure may contain more than eight dwelling units. No garden apartment structure and/or manor home may contain more than 29 dwelling units per building. [Amended 2-4-2004 by Ord. No. 2-2004]

(f) Partitions. There shall be between each attached dwelling unit a fire wall constructed to meet the specifications of the most recent edition of the BOCA National Building Code. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the American Society for Testing and Materials recommended practice E-90-66T, as revised.

(g) Access. No direct access to any residential unit shall be permitted from any public street or highway at the perimeters of the senior citizen housing development tract. Access shall be discouraged from any public through road within the senior citizen housing development tract. However, where the Planning Board finds that, due to the application of specific design and construction techniques (e.g., curvilinear layout, significant street landscaping and street furniture, widths of not more than 24 feet curb to curb), such access may be permitted by the Board. Internal access to individual residential units may be provided by way of drives to remain under private association ownership or by way of streets to be dedicated to the Borough as, where and if the Planning Board finds that such streets promote the purposes of area- or Borough-wide circulation and that Borough jurisdiction serves the public interest. The Planning Board may require private or public ownership of roadways and shall consider the specific characteristics of the particular situation in making such a determination. All public or private streets and drives shall be constructed in accordance with the requirements of this Code or the New Jersey Residential Site Improvement Standards as applicable.

(h) Walks.

[1] There shall be an adequate system of pedestrian walks serving all facilities within the development, providing access to residential units, accessory structures, parking areas, open spaces, commercial facilities, recreational and other communal facilities and along vehicular roadways as deemed necessary by the Planning Board.

[2] Vehicular traffic and pedestrian flows shall be separate where residential and nonresidential use abut each other. General access facilitating connections between a proposed development and adjacent neighborhoods shall be considered.

(i) Open space organization. Where the open space is to be owned or operated by any private entity, the developer of the senior citizen housing shall provide for the establishment of an open space organization pursuant to the provisions of this chapter.

(j) Parking. Off-street parking as required in this chapter shall be installed. All single family detached townhouses and patio units shall have garages attached to each individual unit. All other parking in the front yard is prohibited.

(k) Signs. The installation of any signs shall be in compliance with the provisions of § 242-29 of this chapter.

(l) Stormwater management as prescribed in the Residential Site Improvement Standards.

(m) Landscaping purpose.

[1] Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.

[2] Landscaping may include plant materials such as trees, shrubs, ground cover, perennials and annuals and other materials such as rocks, water, sculpture, walls, fences and building and paving materials.

(n) 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. The plan should show where they are or will be located and planting and/or construction details. 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.

(o) Site protection and general planting requirements.

[1] Topsoil preservation. Topsoil moved or imported during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.

[2] Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Planning Board Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of site-generated new construction wastes on site as long as the conditions set forth in N.J.A.C. 7:26-1.7 are met.

[3] 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.

[4] Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.

[5] Additional landscaping. In residential developments, besides the screening and street trees required, additional planting or landscaping elements shall be required throughout the subdivision where necessary for climate control, for privacy or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. All areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved by the Planning Board.

[6] Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Wherever possible, on-site vegetation shall be used to meet the requirements of this subsection. Where on-site vegetation is insufficient to meet the requirements, nursery-grown materials shall be acceptable. All trees, shrubs and ground cover shall be planted according to acceptable horticulture standards. Dead or dying plants shall be replaced by the developer during the following planting season.

[7] 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.

(p) Street trees.

[1] Location. Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed in critical points or spaced evenly along the street, or both.

[a] When trees are planted at predetermined intervals along streets, spacing shall depend on mature tree size as follows:

[b] When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendation of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements or streetlights. Tree location, landscaping design and spacing plan shall be approved by the Planning Board as part of the landscape plan.

[2] Tree type. Tree type may vary depending on the overall effect desired, but as a general rule all trees shall be the same kind on a street except to achieve special effects. Where appropriate a mix of dominant and understory species shall be approved by the Planning Board.

[3] Planting specifications. All trees shall have a minimum caliper of two inches where off-site trees are to be used. They shall be nursery grown, of substantially uniform size and shape and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.

(q) Buffering.

[1] Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impact from a site on an adjacent property or from adjacent uses. It may consist of fencing, evergreens, berms, rocks, boulders, mounds or combinations of these to achieve the stated objectives.

[2] When required. Buffering shall be required except when topographic or other barriers provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences or walls to ensure privacy and screen dwelling units. When required, buffers shall be measured from side and rear property lines, excluding access driveways.

[a] Where more intensive land uses abut less-intensive uses, a buffer strip of 25 feet but not to exceed 10% of the lot area in width shall be required.

[b] Parking areas, garbage collection and utility areas and loading and unloading areas shall be screened around their perimeter by a buffer strip a minimum of 15 feet wide.

[c] Where residential subdivisions abut higher-order streets (collectors or arterials), adjacent lots should front on lower-order streets, and a landscaped buffer area shall be provided along the property line abutting the road. The buffer strip shall be a minimum of 25 to 35 feet (but not to exceed 10% of the lot area) wide or wider where necessary for the health and safety of the residents and include both trees and shrubs.

[d] Lighting shall avoid "hot spots" as well as fugitive light.

[3] Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.

[4] Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticulture standards.

[5] Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area and buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

(r) Parking lot landscaping.

[1] Amount required. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for street trees.

[2] Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays or in diamonds between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.

[3] Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted. The area between trees shall be planted with shrubs or ground cover.

(s) Paving materials and walls and fences.

[1] Paving materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, climate, characteristics of users, appearance, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality and aesthetic appeal. Acceptable materials shall include but are not limited to concrete, brick cement pavers, asphalt and stone.

[2] Walls and fences shall be erected where required for privacy, screening, separation or security or to serve other necessary functions.

[a] Design and materials shall be functional, they shall complement the character of the size and type of building and they shall be suited to the nature of the project.

[b] No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

(t) Street furniture.

[1] Street furniture, such as but not limited to trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional need.

[2] Street furniture elements shall be compatible in form, material and finish. Style shall be coordinated with that of the existing or proposed site architecture.

[3] Selection of street furniture shall consider durability, maintenance and long-term costs.

(u) Architectural design shall be consistent with the overall design of the project [Subsection C(2)(f)].

(6) Open space/recreation/public use. Uses on and conditions for that portion of the tract delineated by the general development plan for permanent open space, recreation facilities or public uses as permitted under Subsection C(2)(d) above shall meet the following standards:

(a) Ownership. The developer of the senior citizen housing may either voluntarily deed to the Borough of Hopatcong and the Borough may, at its sole discretion, accept for public purposes land delineated by the general development plan, or, alternately, the developer may set aside lands so delineated for permanent open space in private ownership.

(b) Uses as deemed appropriate by the Planning Board to serve expected populations.

[1] Lands in public ownership may be used for recreational or educational purposes, including parks, playgrounds and schools, as approved by the Planning Board. Lands in private ownership shall be developed and used by the owners, residents and/or patients of the Senior Citizen Housing, as well as members of the general public who may be permitted use of these facilities only for recreational purposes, and shall include the following recreation amenities: a minimum of eight picnic areas; nature trails suitably improved, traversing and linking all recreation amenities in the permanent open space areas; four tennis courts; one swimming pool of Olympic size, with changing cabanas and a clubhouse of sufficient size to accommodate the residents and/or patients of the senior citizen housing development as well as the general public as permitted; and four horseshoe pits and shuffleboard courts.

[2] The Planning Board shall have the power to grant such exceptions from the above requirements as may be reasonable if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

(c) Area. That portion of the tract delineated by the general development plan as open space, whether designated for public or private ownership, specifically shall not include private open space incorporated in yards for attached or detached dwellings and semiprivate open space for the use and enjoyment of residents of the institutional facilities and their guests.

(d) Organization.

[1] In instances where lands delineated by the general development plan are designated for private ownership, the developer shall make provision for the establishment of an open space organization, which shall own and maintain said lands and improvements thereon for the benefit of owners, residents and/or patients of the senior citizen housing. Such organization shall not be dissolved and shall not dispose of any lands and/or improvements, by sale or otherwise, except to an organization conceived and established to own and maintain the land and improvements, for the benefit of the senior citizen housing development, and thereafter such organization shall not be dissolved or dispose of its holdings without first offering to dedicate the same to the Borough of Hopatcong.

[2] In the event that such organization shall fail to maintain its premises in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the land and improvements in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the Borough Council, in order to preserve and maintain the premises for a period of one year, may enter upon and maintain such land and improvements. Said entry and maintenance shall not vest in the public any rights to use the premises except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Borough Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the premises, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Borough Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said premises in reasonable condition, the Borough shall cease to maintain said premises at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said premises in a reasonable condition, the Borough may, in its discretion, continue to maintain said premises during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review.

[3] The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development, the owners of which have the right of enjoyment of the premises, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

(e) Setback. No building or structure of any kind other than those which may be necessary to provide or control access to a permitted use shall be placed within 75 feet from the perimeter of the tract portion as delineated.

(7) Construction scheduling and permits. In order to assure that the required elements of the senior citizen housing as listed under Subsection C(2)(a), (b), (c) and (d) of this section are developed in proper phasing sequence, the following schedule shall be complied with:

(a) No construction permit for any construction on the senior citizen housing development tract shall be issued until the establishment and disposition of the open space parcel as outlined in Subsection C(8) above shall have previously been accomplished.

(b) The applicant may obtain construction permits for up to 1/3 of the housing units for the elderly as delineated following site plan approval. The remaining 2/3 of such housing units for the elderly shall not be constructed until a proportional amount of the recreation amenities have been installed in a variety and location sufficient to serve the residents of those housing units previously constructed.

(8) Certification of compliance. As a condition of preliminary and final site plan/subdivision approval, a developer of senior citizen housing shall submit a certification of compliance acceptable to the Planning Board which states that the developer is in compliance with the requirements of the Fair Housing Amendment Act of 1988 and will be in compliance to the extent possible and feasible with such further amendments of the Fair Housing Act as are applicable. The certification of compliance shall also contain a hold harmless and indemnification provision protecting the Borough of Hopatcong 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 Amendment Act of 1988 and amendments thereto. The developer shall comply with all requirements of Chapter 197 of this Code in securing site plan approval.

(9) Deed restrictions.

(a) Any conveyance of property or property rights by the developer, its successors or assigns in a senior citizen housing development must contain deed restrictions which put the transferee on notice that the occupancy of property in the senior citizen housing development is age-restricted. Further, additional notice must be given that a certificate of occupancy issued by the Hopatcong Borough Construction Official is required each time before occupancy, tenancy or use may commence or change.

(b) Prior to the sale of any units within the senior citizen housing development, the developer shall execute and record a declaration of covenants and restrictions for the homeowners' association as approved by the Planning Board, by the terms of which all lands within the senior citizen housing development and the owners thereof shall be, at all times, bound to certain uniform requirements and standards for the maintenance and repair of the common elements and limited common elements as defined in N.J.S.A. 46:8B-1 et seq.

(c) The deed of conveyance for all residential units in the senior citizen housing development shall, among other things, provide that:

[1] No exterior alterations or improvements shall be made to a unit without prior approval of the association of homeowners created in the declaration of covenants and restrictions.

[2] The maintenance of the common elements and limited common elements shall be the responsibility of the association of homeowners created in the declaration of covenants and restrictions.

[3] There shall be no detached accessory structures permitted on the premises.

[4] There shall be no satellite dishes or swimming pools or the parking of trailers, boats or commercial vehicles, other than in enclosed garages, on the premises.

(10) Age restrictions. Each dwelling unit in the senior citizen housing 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. One temporary resident who provides necessary health care to a permanent resident of the dwelling units may be 21 years of age or older, provided that such an individual may not be accompanied by any person(s) intending to reside at the premises of the unit temporarily or otherwise.

(11) Prior to the issuance of certificates of occupancies as required 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(10) above, for residents of the senior citizen housing development. Upon application for a certificate of occupancy, all prospective occupants of the respective residential or institutionalized-care units shall furnish conclusive proof of age, such as a certified birth certificate, to the Zoning Officer.

(12) Submission of a general development plan meeting the following requirements: [Added 9-5-2001 by Ord. No. 19-2001]

(a) Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval on a planned development for multiple uses whose residential component is limited to senior citizens may submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board.

(b) The Planning Board shall grant or deny general development plan approval within 95 days after submission of an application deemed complete by the Board, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.

(c) General development plan - general requirements.

[1] The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

[2] The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection C(12)(c)[3] of this section, except that the term of the effect of the approval may be up to 10 years from the date upon which the developer receives final approval of the first section of the planned development.

[3] In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

(d) General development plan - required contents.

[1] A general land use plan at a scale specified by ordinance indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.

[2] A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development, and any proposed 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 and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands.

[4] A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid 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.

[6] An environmental inventory in accordance with the provisions of § 191-23 of this Code, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, critical areas as defined in this Code, existing man-made structures or features and the probable impact of the development, including such issues as soil and rock removal on the environmental attributes of the site.

[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, historic sites, libraries, hospitals, firehouses, and police stations.

[8] A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, e. 222 (N.J.S.A. 52:27D-301 et seq.), will be fulfilled by the development.

[9] A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal.

[10] A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection C(12)(d)[11] of this section, and following the completion of the planned development in its entirety.

[11] A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety.

[12] A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.

(e) Modification of timing schedule. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the 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.

(f) Variation in certain physical features; approval required.

[1] Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

[2] Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of, or condition of development approval imposed by the Department of Environmental Protection or other federal, state or county agency having jurisdiction, shall be approved by the Planning Board if the developer can demonstrate, to the satisfaction of the Planning Board, that the variation being proposed is a direct result of such determination by the Department of Environmental Protection.

(g) Amendments, approval required.

[1] Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer approved by the Planning Board.

[2] A developer, without violating the terms of the approval pursuant to this act, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), without prior municipal approval.

(h) Completion of development sections.

[1] Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan. If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with. If a developer does not complete any section of the development within eight months of the date provided for in the approved general development plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved general development plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved general development plan. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer, and the approval shall be terminated 30 days thereafter.

[2] In the event that a developer who has general development plan approval does not apply for preliminary approval of the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the municipality shall have cause to terminate the approval.

(i) Termination of general development approval. In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certification of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

(j) This section of the Code shall apply in addition to all other requirements for subdivision or site plan review and approval as set forth in the Code of the Borough of Hopatcong.

D. For developments in accordance with § 242-41, R-3 Zone, permitted accessory uses, conditional uses, requirements and conditions for open space zoning shall be as provided in § 242-41, R-3 Zone.

E. Multiple purpose developments.

(1) Required principal uses. A minimum of 5% of the area of the lot shall be utilized for permitted principal business uses, as indicated in § 242-46A for B-2 Zones. This required minimum of 5% of the area of the lot to be utilized for the business uses may be met through equivalent development by the developer on another site. [Amended 2-22-1989 by Ord. No. 10-89]

(2) Permitted principal use. Residential construction shall be as permitted in § 242-42D, subject to the requirements and provisions of § 242-42D; provided, however, that the area, yard and building requirements set forth in § 242-43E(5) hereof shall be controlling. [Amended 9-18-1997 by Ord. No. 30-97]

(3) The area to be used in determining the number of dwelling units allowed is that area utilized for residential planned development construction, not the entire lot area. The area comprising the minimum 5% for business uses shall be determined by using the minimum lot areas required for each use, as required in the B-2 Zone. [Amended 2-22-1989 by Ord. No. 10-89]

(4) Permitted accessory uses and requirements for B-2 permitted uses, as indicated in Subsection E(1) of this section, are those as provided in § 242-46B and D. [Amended 2-22-1989 by Ord. No. 10-89]

(5) Requirements. Area, yard and building requirements shall be as follows:

(a) Minimum lot size: 100 acres, except in conjunction with a senior citizen housing development pursuant to Subsection B(3) above. [Amended 10-4-2000 by Ord. No. 20-2000]

(b) Gross density: one dwelling for two acres used for residential construction. [Amended 6-4-1987 by Ord. No. 15-87; 10-4-2000 by Ord. No. 20-2000; 12-6-2006 by Ord. No. 37-2006]

(c) Entrances and exits to all multiple purpose development uses shall be provided on Sparta-Stanhope Road.

(d) The multiple purpose development application shall contain a time schedule for completion of the project by stages. The residential construction shall not proceed without documentation that construction of the B-2 type uses has been started and its development will continue. The Planning Board may, at its discretion, alter this requirement upon presentations and proof by the applicant that the economic viability of the project would be better ensured by an alternative arrangement. [Amended 2-22-1989 by Ord. No. 10-89; 10-4-2000 by Ord. No. 20-2000]

F. Conditional uses. [Added 9-1-1999 by Ord. No. 19-99]

(1) Wireless telecommunications towers and antennas.