This zone does not appear on the Zoning Map for the Borough. It is included in this chapter so that the Borough will have some standards and controls immediately available in case desirable commercial establishments wish to locate in the Borough and build a planned and integrated shopping center and request a change in the map.
A. Permitted principal uses. The following are permitted principal uses in the B-3 Zone:
(1) Regionally oriented retail shopping centers consisting of an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and theaters or auditoriums, housed in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading spaces and utilities and sanitary facilities.
(2) Office buildings for executive or administrative purposes.
B. Permitted accessory uses. The following are permitted accessory uses in the B-3 Zone:
(1) Same as for the B-1 Zone as provided in § 242-44B.
C. Conditional uses. The following are permitted conditional uses in the B-3 Zone:
(1) Public utility installations and public utility garages.
(2) Public garages and gasoline stations.
(3) Motels and hotels.
(4) Philanthropic and eleemosynary uses.
(5) Animal hospitals.
D. Requirements. Area, yard and building requirements shall be as follows:
(1) Minimum lot size: five acres.
(2) Minimum lot width: 300 feet.
(3) Minimum lot depth: 250 feet.
(4) Minimum front yard setback: 100 feet.
(5) Minimum side yard setback.
(a) Principal building: 75 feet.
(b) Accessory building: 75 feet.
(6) Minimum rear yard setback.
(a) Principal building: 100 feet.
(b) Accessory building: 75 feet.
(7) Maximum building height: the lesser of 35 feet or 2 1/2 stories.
(8) Maximum lot coverage: 35%.
A. Permitted principal uses. The following are permitted principal uses in the M-1 Zone:
(1) Light manufacturing, processing, producing or fabricating operations which meet the performance standards for the zone, provided that all operations and activities, except parking of motor vehicles and construction equipment and materials stored in enclosures, are conducted within enclosed buildings. [Amended 4-6-1989 by Ord. No. 15-89; 11-4-1998 by Ord. No. 29-98]
(2) Experimental, research or testing laboratories, provided that no operation shall be conducted or equipment used which would create hazardous, noxious or offensive conditions or which involves radioactive materials unless they are incidental to the principal use.
(3) Administrative and general offices where no manufacturing is performed.
(4) Federal, state, county and municipal buildings and grounds.
(5) Warehouses and distribution centers.
(6) Bus storage.
(7) Contractor/office operations which meet the performance standards for the zone, provided that all operations and activities, except parking of motor vehicles and construction equipment and materials stored in enclosures, are conducted within an enclosed building. [Added 4-6-1989 by Ord. No. 15-89; amended 11-4-1998 by Ord. No. 29-98]
(8) Wireless telecommunications towers and antennas. [Added 9-1-1999 by Ord. No. 19-99]
B. Permitted accessory uses. The following are permitted accessory uses in the M-1 Zone:
(1) Signs in accordance with § 242-29.
(2) Fences.
(3) Retail sales of items manufactured or warehoused in a permitted principal use indicated in Subsection A(1) above if conducted in the principal building.
(4) 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 M-1 Zone:
(1) Public utility installations and public utility garages.
(2) Animal hospitals and kennels.
D. Requirements. Area, yard and building requirements shall be as follows:
(1) Minimum lot size: two acres.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 200 feet.
(4) Minimum front yard setback: 70 feet.
(5) Minimum side yard setback for principal and accessory buildings:
(a) Either side: 30 feet.
(b) Total of both sides: 60 feet, except that wherever a lot in this zone abuts a lot in a residential zone, a side yard of 150 feet shall be required.
(6) Minimum rear yard setback for principal and accessory buildings: 40 feet, except that wherever a lot in this zone abuts a lot in a residential zone, a rear yard of 150 feet shall be required.
(7) Maximum building height: 50 feet, except that wherever a lot in this zone abuts a lot in a residential zone, the maximum building height shall be 35 feet.
(8) Maximum lot coverage: 40%.
E. The following uses are specifically prohibited in this zone:
(1) Retail business, except as provided in Subsection B(3) of this section.
(2) The manufacture of heavy chemicals such as but not limited to acids or other corrosives, ammonia, caustic soda and sulfuric acid; the manufacture of basic or semifinished chemicals such as cellulose products, resins, dyestuffs, glue, vegetable, animal or mineral fats or oils, explosives, combustible gases, soaps and detergents, fertilizers, asphalt and tar products; the manufacture or production of metals and alloys in ingot form; the manufacture or production of cement, plaster, cork and their constituents, matches, paints, oils, varnishes, lacquer, rubber or rubber products or vinyl-chloride-types; the slaughtering or processing of animals, fowl or fish; and the processing, sale, storage or reclamation of junk of all kinds, including automobile wrecking and storing.
(3) Residential uses.
F. Storage and waste disposal.
(1) No highly flammable or explosive liquids, solids or gases shall be stored in bulk aboveground, with the exception of tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel.
(2) All outdoor storage facilities for fuel, raw materials and products and all fuel and all raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from the adjacent properties.
(3) No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.
(4) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.
G. Control of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at lot boundary lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary system should fail.
H. Glare and heat. All industrial uses shall carry on no operation that would produce heat or glare beyond the property line of the lot on which the industrial operation is situated. Wherever the property line of a lot in this zone abuts a residential zone boundary, appropriate measures shall be taken to shield such adjacent residential area from the glare of headlights or other illumination on the property.
I. Industrial wastes and sewage. All methods of sewage and industrial waste treatment and disposal shall be approved by the State or local Department of Health and must be in accordance with all applicable regulations pertaining to treatment and disposal of sewage.
J. Electric, diesel, gas or other power. Every use requiring power shall be so operated that the service lines, substations, etc., shall conform to the highest safety requirements known, shall be so constructed, installed, etc., as to be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by coniferous planting.
K. Provision and use of water. All water requirements shall be stated in the application. Water shall be supplied from wells only after exhaustive geologic study furnished by the applicant and certification by a professional geologist that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level and supply of other properties. Facilities planning should consider the possibility of intermittent water supply and the installation of a water storage system.
L. Uses permitted in this M-1 Light Manufacturing Zone shall be only those which are normally such that at no time will such use cause or result in any:
(1) Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, noise or vibration beyond the boundaries of the zone in which it is located.
(2) Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use. Sprinkler systems and fire alarms should be considered in the design of structures.
(3) Hauling of materials, goods, or products to or from the site of such use in a volume or manner materially incongruous with the normal traffic on the streets in the neighborhood.
M. Maximum permissible sound levels. No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds 65 decibels between the hours of 7:00 a.m. and 10:00 p.m. and 50 decibels between the hours of 10:00 p.m. and 7:00 a.m. when measured at the property boundary of a residential zone or which exceeds any of the following octave band readings:
A. Permitted principal uses. The following are permitted principal uses in the M-2 Zone:
(1) All permitted principal uses in the M-1 Zone, § 242-48A.
(2) Quarrying and quarry uses.
(3) Wireless telecommunications towers and antennas. [Added 9-1-1999 by Ord. No. 19-99]
B. Permitted accessory uses. The following are permitted accessory uses in the M-2 Zone:
(1) All permitted accessory uses for the M-1 Zone as provided in § 242-48B.
C. Conditional uses. The following are permitted conditional uses in the M-2 Zone:
(1) Public utility installations and public utility garages.
(2) Animal hospitals and kennels.
D. Requirements for permitted principal uses as indicated in Subsection A above. For all permitted uses in the M-1 Zone, that is, all uses permitted in the M-2 Zone, except quarrying and quarry uses, the requirements shall be as provided in § 242-48, and all other provisions and restrictions shall apply.
E. Requirements for quarrying and quarry uses. It is hereby deemed that the presence of rock formations and sand and gravel deposits in the Borough of Hopatcong requires recognition as a natural resource and economic asset which permits their extraction, processing and sale. It is equally recognized that such operations are of a special nature and require adequate regulations, supervision and direction to assure protection of the area in which they are located, as well as the public health, safety and general welfare of the citizens of the Borough. As a means of administering these protective measures and in recognition of the uniqueness of such uses, the following special requirements and provisions are established:
(1) No person shall excavate or otherwise remove any natural mineral deposit for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, without first having procured permission therefor through site plan approval.
(2) The site plan application shall be in conformance with Chapter 191. An environmental impact statement and a reclamation plan indicating how the excavated land can be restored for productive use shall be part of the application.
(3) No quarry shall be permitted on a parcel of land having an area of less than 100 contiguous acres. No establishment consisting of both a quarry and processing plant or part thereof shall be conducted on a parcel of land having an area of less than 150 contiguous acres. Said parcel shall consist in each case of all contiguous land under the ownership or control of the applicant which lies within any zone permitting quarries.
(4) No part of any such use, including any building, automobile parking area, storage of materials, filling of land or any other building or activity, but excepting a railroad spur entering the property and access roads approved as herein provided, shall be established or conducted within a distance of 100 feet from an adjoining property line or within 200 feet from the nearest right-of-way line of any public road or highway now maintained by public authority. Excavation shall not be conducted closer than 300 feet to the boundary of any zone where such operations are not permitted, either in Hopatcong or an adjoining municipality, nor shall such excavation be conducted closer than 200 feet to the boundary of an adjoining property line. Excavation may be conducted within limits prescribed above only, in order to adjust the elevation thereof in conformity with the reclamation plan.
(5) The location and design of vehicular access to any part of such use from any public road, street or highway shall give due consideration to the design of the road, its effect on existing roads and traffic patterns, suitable traffic safety conditions and the type and burden of traffic that will result.
(6) The transfer of any products, by-products or any other materials from the quarrying operation by trucks shall be done in a covered vehicle or be sufficiently wet before leaving the site so as not to cause dust spillage on roads or areas near the site.
(7) Provision shall be made for the disposal of waste in compliance with all applicable federal, state and local legislation and regulations. [Amended 2-21-1991 by Ord. No. 3-91]
(8) Minimization of dust conditions.
(a) All equipment used for the operation shall be constructed, maintained and operated in such a manner as to minimize, as far as practicable, dust conditions which may be injurious or substantially annoying to all persons living in the vicinity.
(b) All access roads to public highways, roads or streets or to adjoining property shall be paved or treated so as to minimize dust conditions.
(9) Any open excavation having a depth of 10 feet or more and a slope of more than 45 shall be fenced at least 40 feet outside the edge of such excavation, which fence shall be at least five feet in height, effectively controlling access to the area in which such excavation is located, and shall be approved by the Borough Construction Official.
(10) All buildings, structures and plants used for the production or processing of extractive materials shall be maintained in such a manner, as far as practicable and according to acceptable industrial practice, as to assure that such buildings, structures and plants will not become dangerously dilapidated.
(11) Within a period of 12 months after the termination of extraction or production or within three months after abandonment of the operation for a period of three months, all buildings, structures and plants incidental to such operation shall be dismantled and removed by and at the expense of the operator last operating such buildings, structures and plants, except that such buildings, structures and plants need not be dismantled and removed as long as they may legally be used for some other purpose permitted in the zone in which they are located and upon obtaining a certificate of occupancy permit from the Construction Official and securing site plan and/or subdivision approval if applicable.
(12) No excavation shall be made to a groundwater-producing depth, and excavations must be graded or backfilled to meet the following requirements:
(a) All banks shall be left with a slope no greater than 30, except that a greater slope will be permitted if in substantial conformity with the land area immediately surrounding or the reclamation plan.
(b) The property shall be so graded that stagnant water will not be permitted to collect thereon.
(13) Upon the completion of operations, the land shall be left in a safe condition so that sufficient drainage shall be provided so as to prevent water pockets or undue erosion, with all grading and drainage such that runoff water leaves the entire property at the original, natural drainage points and that the area drainage to any one such point is not increased except as may be approved in the reclamation plan.
(14) Not more than 30% of the total property covered by the quarry permit or 100 acres, whichever is the lesser, shall be in a state of excavation at any one time. Reclamation, according to the reclamation plan, may be carried on as soon as excavation is completed on any part. If the above excavation limits have been met without any reclamation, no new excavation areas may be opened until such time as reclamation has been accomplished on a sufficient area to allow excavation to proceed and the thirty-percent or one-hundred-acre limit to be maintained. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the excavated area. Upon replacement of the topsoil, trees, shrubs, legumes, grasses or other ground cover shall be planted upon such area in order to avoid erosion as far as is practicable and consistent with the reclamation plan.
(15) The entire quarrying operation, including excavation, grading reclamation, drainage, equipment and structures, shall be subjected to a semiannual inspection made by a licensed professional engineer. The engineer shall be appointed by the Borough Council, with the fees for his services to be paid by the permit holder. The purpose of such inspection shall be to determine whether all requirements of this chapter have been and are being met. The engineer shall file a complete report on the results of his inspection with the Construction Official, providing the permittee a copy thereof.
(16) The requirements of § 242-48E through M of the M-1 Zone requirements shall apply to this use.
(17) The operator of each active quarry operation shall annually submit to the Borough Construction Official by January 15 of each calendar year an aerial photograph of the disturbed area of the quarry property. Said aerial photo shall be taken during the period of October 1 to November 30 of the preceding year. Said aerial photograph shall be a scaled planimetric photograph and shall be at a minimum scale of one inch equals 200 feet. The scale and the date when the photograph were taken shall be indelibly marked directly on the photograph. [Added 11-4-1993 by Ord. No. 20-93; amended 2-3-1994 by Ord. No. 2-94; 3-6-1997 by Ord. No. 7-97]
(18) The operator of each active quarry operation shall, before conducting any work for which a site plan has been granted, post and continuously maintain, with the Borough, a bond by a recognized surety company authorized to do business in the State of New Jersey and approved by the Borough Council. The bond shall be to insure the faithful performance of the work and land restoration to be undertaken pursuant to the terms and conditions of the site plan approval. The bond shall be in an amount of not less than $10,000 per acre of land, or part thereof, which has been approved for quarrying purposes pursuant to the operator's site plan. The bond shall cover all requirements set forth in this chapter with regard to the respreading of topsoil and the reclamation and restoration of the land upon completion of quarrying processes. [Added 3-6-1997 by Ord. No. 7-97]
(19) The amount of any performance bond or guaranty posted hereunder may be reduced by the governing body by resolution duly adopted upon the written request of the operator when portions of the improvements or works have been completed and portions of the land have been restored. Prior to any such reduction, the governing body shall obtain a recommendation from the Borough Engineer with regard to any such bond reduction. [Added 3-6-1997 by Ord. No. 7-97]
(20) When all required performance has been completed, the operator shall notify the governing body, in writing, by certified or registered mail, of the completion thereof; whereupon the governing body shall authorize the Borough Engineer to inspect the site to determine that all requirements of the approved site plan have been complied with. The Borough Engineer shall thereupon file a report, in writing, with the governing body which shall be detailed and shall indicate either approval, partial approval or rejection. If the work covered by the bond or performance guaranty, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, the report shall contain a statement of reasons for such nonapproval or rejection. Where the rejection indicates partial approval of the improvements or works, it shall indicate the costs of the work for which approval is rejected. The governing body shall accept or reject the work, grant partial approval or withhold approval on the basis of such report and shall notify the operator, in writing, by certified or registered mail, of the contents of the report and the action of the governing body with relation thereto no later than 90 days after receipt of notice from the operator of the completion of the work. Where partial approval is granted, the operator shall be released from liability pursuant to its performance guaranty bond, except for that portion adequately sufficient to secure the work not yet approved. [Added 3-6-1997 by Ord. No. 7-97]
(21) The operator shall be responsible to reimburse the Borough for all of the inspection fees of the Borough Engineer incurred in making the inspections with regard to the land restoration bond established hereinabove. [Added 3-6-1997 by Ord. No. 7-97]
(22) The requirement of this chapter for the posting of a bond shall become effective immediately for any new quarry which receives site plan approval subsequent to the adoption of this chapter. For all quarries which currently have site plan approval and are in operation as of the date of the adoption of this chapter, said active quarries shall be required to post the bond provided for herein as of January 1, 1998. [Added 3-6-1997 by Ord. No. 7-97]
