A tract under single ownership of an area not less than 100 acres shall be required for this zone. If there are less than 100 acres, the controls of an R-3 Zone must apply. The tract may be divided by an existing public street which may be retained as part of the plan for the development or relocation in accordance with an approved site plan.

Central water and central sewer service shall be required except in cases where the Board of Health makes a specific finding that an alternate system is completely satisfactory considering all circumstances. Any central water and central sewer shall be approved by the Montague Township Board of Health, the Sussex County Health Department and the New Jersey Department of Environmental Protection.

All improvements shall be installed in accordance with an approved site plan except where site plan approval may not be required as provided in the New Jersey Municipal Land Use Law.

Single-family detached.

The following uses existing at the time of the adoption of this Article shall be permitted:

The following are accessory uses:

There shall be a minimum 75-foot buffer zone between any nonresidential use in the R-4 Zone and any adjoining residential zone. The buffer zone shall have at least two staggered rows of evergreens on 15- foot centers, with trees not less than four feet in height.

There shall be adequate off-street parking provided for all residential units. No parking area shall be closer than eight feet from the main building.

Lot area and dimension shall be as follows:

The average residential gross density of the project shall not exceed one dwelling unit per acre.

No structure shall be closer to a zone boundary than 50 feet, except for lots approved by the Land Use Board prior to the passage of this chapter.

Recreation use.

The area to be reserved or dedicated for open space shall be so located and of such a shape as to be acceptable to the Land Use Board.

All open space area shall be left in its natural state by the developer unless the Land Use Board approves or directs the grading, seeding and maintaining of all or a portion of such open space or approves or directs the making of specified improvements, in which case the land will be disturbed only as necessary to make the specified improvements.

Open space areas may be used as park, playground or recreation areas, including golf courses, swimming pools, equestrian trails and centers, tennis courts, shuffleboard courts, basketball courts and similar facilities; woodland or stream conservation areas; pedestrian walkways, stream-course or drainage control areas; or children's playground.

In the event that the organization established to own and maintain common open space, or any successors' organization, shall at any time fail to maintain the open space in reasonable order and condition in accordance with the plan approved by the Land Use Board, the township may serve written notice upon such organization or upon the residence and owners, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the township 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 event that the modification thereof shall not be cured within 30 days or any extension thereof, the township, in order to preserve the taxable values 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 open space, except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the township 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 Township Committee, at which hearing such organization or the residents and owners shall show cause why such maintenance by the township shall not, at the election of the township, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain such common open space in reasonable condition, the township shall cease to maintain said common open space at the end of said year. If the township shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the township may, in its discretion, continue to maintain said common open space during the succeeding year and subject to a similar hearing and determination in each year thereafter.

The cost of such maintenance by the township shall be assessed ratably against the properties that have a right or enjoyment of the open space and shall become a tax lien on said properties. The township, 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.

Each deed shall provide that the property shall be subject to assessment in the event that common open space, common structures or common areas for which the grantee has received right to enjoyment are not properly maintained.

The Land Use Board may require all streets within the tract which do not directly implement the proposals of the Master Plan or Official Map and do not provide a direct connection between existing streets outside the tract to be transferred to the ownership of a homeowners' association which has been or is to be established for maintenance and repairs.

All off-street parking areas may be transferred to the ownership of an existing or proposed homeowners' association for maintenance and repairs. Wherever planting strips, medial grass strips or other landscaped areas are proposed which will be visible to the general public within the development, covenants and/or agreements shall provide for the maintenance of such areas by the homeowner's association even though they may be upon land subdivided into lots.

Streets.

Off-street parking.

The site plan shall show existing contours and finished grade elevations related to storm sewers.

The site plan shall indicate the internal lighting system proposed, either with building-mounted or post-mounted fixtures. Lights shall be shielded to protect adjacent residential areas from glare.

Site plan approval pursuant to the provisions of the Site Plan Review Ordinance shall be submitted.[1]

Prior to the issuance of a zoning permit for construction in the R-4 Zone, the Zoning Officer must notify High Point Community Corporation indicating that it has received application for issuance of a zoning permit.