A. Any subdivision employing open space zoning shall not be approved unless the lot sizes conform to the minimum lot size for the zone.

B. The percentage of the total tract of land to be reserved as open space shall be equal to the percentage that the average lot areas are reduced from the minimum lot requirement. The minimum lot area as a result of open space zoning shall not be less than that provided in the open space zoning requirements for the zone.

C. No area to be reserved as open space under the terms of this chapter shall be less than six acres, unless said area is to be joined to an existing parcel of Borough land or other dedicated open space or unless a smaller area is shown on the Master Plan or Official Map of the Borough or unless the open space area is to be dedicated to the Borough and the Borough has indicated acceptance.

D. The area reserved as open space under the terms of this chapter shall be used for one or more of the following purposes:

(1) Undeveloped open space.

(2) Recreational facilities.

(3) Public buildings, public schools and school grounds.

(4) Public uses designated for the property in question on the Master Plan.

E. The area to be reserved as open space under the terms of this section shall be at a location and of a shape as required by the Planning Board, provided that:

(1) Said area shall adequately accommodate one or more of the permitted uses listed above and shall complement the existing and contemplated future surrounding development.

(2) Said area shall be adaptable to the above permitted uses without undue public expenditure that might be required by reason of adverse topography, adverse drainage or soil conditions of inadequate accessibility.

F. Nothing contained herein shall be construed to require the Planning Board to approve any subdivision employing open space zoning if said subdivision is in conflict with any provision of the Hopatcong Master Plan or if said subdivision will in any way result in a land use pattern that will adversely affect that portion of the Borough in which it lies.

G. Common space resulting from the application of standards for density or intensity of land use shall be set aside for the use and benefit of the residents in such development.

(1) The Borough may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance. The landowner shall provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space, without first offering to dedicate the same to the Borough.

(2) In the event that the organization established to own and maintain common open space or any successor organization shall at any time fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Borough may serve written notice upon such organization or upon the residents and owners, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 30 days or any extension thereof, the municipality, in order to preserve the taxable value of the properties and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space, except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing, upon notice to such organization or to the residents and owners, to be held by the governing body, at which hearing such organization or the residents and owners shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said common open space in a reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the governing body shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and be subject to a similar hearing and determination in each year thereafter.

(3) The cost of such maintenance by the Borough shall be assessed ratably against the properties that have a right or enjoyment of the common open space and shall become a tax lien on said properties. The Borough, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien.

A. Site plan approval.

(1) Site plan approval. Site plan review and approval shall be required for every conditional use, as provided in this chapter, and before any change of use or before any excavation, removal of soil, clearing of a site or placing of any fill or surfacing on lands contemplated for development or developed, and except as hereinafter provided, no building permit shall be issued for any building or use of any building or change in use of any building, including accessory structures, unless a site plan is first submitted and approved by the reviewing board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing board. Site plan review and approval shall also be required for any application for an existing building (commercial or industrial use) to increase the rated occupancy load by a factor in excess of 10% beyond the occupancy load as determined at the time of initial site plan approval. [Amended 4-2-1992 by Ord. No. 14-92]

(2) Site plan approval shall not be required for any detached one- or two-dwelling unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Borough ordinances.

(3) The reviewing board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

(4) The site plan shall be filed in accordance with Chapter 191 of the Code of the Borough of Hopatcong, Site Plan Review. The approval provisions shall be administered by the Borough of Hopatcong Planning Board and, where permitted by statute, by the Zoning Board of Adjustment in accordance with all applicable provisions of N.J.S.A. 40:55D-1 et seq.

B. Subdivision approval.

(1) Any owner of land within the Borough of Hopatcong shall, prior to subdividing or resubdividing land as defined in this chapter and before conveying legal or equitable title to such subdivision or any part thereof, apply to the Planning Board for review and approval of the subdivision plat pursuant to the provisions of this chapter.

(2) The subdivision application shall be filed in accordance with Chapter 209, Subdivision of Land, of the Code of the Borough of Hopatcong.