Wanaque City Zoning Code
ARTICLE VIII
Additional Regulations
§ 114-45 Trailers and trailer camps.
§ 114-46 Firing ranges.
[Amended 11-14-2022 by Ord. No. 11-0-2022]
No person or persons, firm, partnership or corporation shall conduct or permit to be conducted or use any land for the purpose of conducting any rifle range, pistol range, place for trapshooting, place for skeet shooting or any other use involving the recurrent discharge or firearms at any place within the Borough of Wanaque, with the exception of training, maintenance, and qualifications by the Wanaque Police Department for law enforcement purposes.
§ 114-47 Raising and stabling of horses.
The raising and stabling of horses in any residential district is permitted, provided that it shall take place only on a lot three acres or more in area and provided that no housing for such horses be located nearer than 100 feet to an occupied dwelling.
§ 114-48 Cluster single-family residential development: RA-C Zone.
A.
The purpose of this section is to provide a method of developing single-family detached dwellings which will preserve desirable open spaces, respect existing topographic features through better site utilization, promote development of conservation areas, recreation and park areas and lands for other public purposes by permitting the reduction of lot sizes and certain other regulations stated below without increasing the number of lots in the total area to be developed.
B.
All cluster single-family residential developments shall meet the following requirements:
(1)
The minimum size of a tract of land proposed for development under these cluster provisions shall be 25 acres.
(2)
The maximum number of lots to be permitted shall be computed by dividing the minimum lot size permitted in the zone (without cluster) into the gross tract area. For all areas designated RA-C (after such areas shall have been designated by the Borough by adoption of a Master Plan or amendment of the Zoning Map), the minimum lot size without cluster shall be one acre.
(3)
Land area equal to a minimum of 40% of the land proposed for development shall not be included in lots proposed to be created and shall be set aside for conservation, open space, recreation and park areas or other public purposes. Land utilized for street rights-of-way shall not be included as part of the said 40%. Land to be devoted to public purposes shall be offered to be dedicated to the Borough. Any lands not accepted by the Borough shall be conveyed to, owned by and maintained by a homeowners' association. In any case, all street rights-of-way shall be dedicated to the Borough and shall be constructed in such manner as will permit acceptance of such dedication.
(4)
Lands set aside for conservation.
(a)
At least one single large parcel equivalent to at least 10% of the proposed development shall be set aside for open space and offered to the Borough. The minimum size of all other parcels offered to the Borough shall be 2.5 acres. All open spaces shall be interconnected except where bisected by roads. No project shall be approved with less than 10 acres of open space.
(b)
Lands offered for recreational purposes shall be improved by the developer as required by the Borough and including but not limited to equipment, walkways and landscaping in order to qualify the lands for acceptance by the Borough.
(c)
Any land offered to the Borough shall be optimally related to the overall plan and design of the development and to the neighborhood of which it is a part. It must be improved to best suit the purposes for which it is intended.
(d)
The lands offered to the Borough shall be subject to review by the Planning Board which, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Borough, after one is available, by the ability of the Borough to assemble and relate such lands to an overall plan and to the accessibility and potential utility of such lands. The Planning Board may request opinions from other public agencies or individuals as to the advisability of the Borough's acceptance of any lands so offered.
(e)
Every parcel of land offered to and accepted by the Borough shall be conveyed to the Borough by properly executed and acknowledged deed at the time that final approval is granted to the plan by the Borough. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of Subsection B(4) of this section pertaining to the use of such areas. Should the said Planning Board approve the subdivision to be built in a number of developmental stages, then it may require also that acreage proportional in size to the stage being considered for final approval be donated to the Borough simultaneously with the granting of final subdivision approval for that particular stage, even through these lands may be located in a different section of the overall development. In such case, however, the deed of conveyance shall also provide an easement in favor of the public over other lands of the developer for ingress and egress to the dedicated lands.
(5)
A homeowner's association, established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, recreation and park areas and other lands which would otherwise be dedicated to the Borough, but which the Borough has determined not to accept, shall be in accordance with the following provisions:
(a)
Membership in such association shall be mandatory for all property owners within the development. Such required membership in any such created homeowners' association and the responsibilities upon the members shall be in writing between the association and the individual landowner in the form of a covenant running with the land, and each member shall agree to be liable for the pro rata share of the association costs assessed against his property. All such covenants shall recite that the Borough shall be a third-party beneficiary entitled to enforce its provisions and that all such costs and expenses shall be liens against the individual lots in the development.
(b)
Executed and acknowledged deeds shall be tendered to the Borough simultaneously with the granting of final subdivision approval, and such approval shall not be effective until this provision has been complied with. The said deeds shall state that the prescribed use(s) of the lands in the common ownership shall be absolute and shall not be subject to reversion for possible future development or to forfeiture to the developer or its successors in title.
(c)
The homeowners' association shall be responsible to maintain liability insurance in sufficient amounts to meet foreseeable contingencies, to pay local taxes, to maintain the lands and any facilities contained thereon and shall indemnify and save the Borough harmless from and against any liability in connection therewith.
(d)
The assessment levied by any such homeowners' association shall become a lien upon the private properties in the development. The duly created homeowners' association shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other manner conveyed to the Borough for public purposes only.
(e)
The homeowners' association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner or tenant in the cluster development, along with the covenant and model deeds and the articles of incorporation of the association. This shall be a condition precedent to the granting of final subdivision approval.
(f)
Part of the development proposal submitted to and approved by the Borough shall contain provisions to insure that control of the homeowners' association will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the homeowners' association shall have the maintenance responsibilities for all lands for which they hold title.
(6)
Prior to preliminary approval, the developer shall submit preliminary public water and public sewer system plans which will serve the dwelling units in the development. Prior to final approval, the developer shall submit final plans for these systems which shall have been approved by the Board of Health of the Borough and the state, the local subcode official and the State Department of Environmental Protection, where applicable.
(7)
No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and water and sewer facilities servicing the said structures are properly completed and functioning, except that the installation of the surface layer of pavement may be delayed, with approval of the Borough Engineer, until such time as all units and site work have been completed.
§ 114-49 Flood protection. [1]
Along the bank of streams, brooks, rivers and lakes, canals or other waterways, no building or structures shall be built, erected or moved, closer than 50 feet from the mean high-water mark, and the finished first floor of any such building or structure shall be required to be built on ground which shall be a minimum of 10 feet above the established high-water mark as established at flood stage.