Wantage Township City Zoning Code
§ 13-5.3
Residential Cluster Development.
a.
Where approved public sanitary sewer and public water systems exist or are provided, the following minimum standards shall prevail:
b.
The new lots to be created by residential cluster development shall not exceed the number of lots which would have been created had the same tract been developed in a conventional manner, taking into consideration such factors as terrain, wetness, shape of the tract and other such customary limitations. A qualifying map shall be submitted to the Wantage Land Use Board with all cluster development applications. The qualifying map shall determine the maximum number of lots allowed within the tract.
c.
The remainder of the tract not devoted to cluster development shall be so constituted and located as to be reasonably utilizable for recreation and enjoyment of the owners of the clustered lots. These open spaces shall be available for parks or other recreational uses acceptable to the planning board and in harmony with the uses of adjacent and nearby properties.
d.
Open space.
1.
Areas considered open space. Open space, as required, shall consist of vacant ground and lands improved by the board, which lands and buildings shall be available for parks, or other recreational uses acceptable to the planning board, pursuant to section 13-5.3f, and in harmony with the uses of adjacent and nearby properties.
2.
Not more than 50% of any water areas such as lakes, ponds, streams, swamps, or brooks shall be recognized in this computation, to assure compliance with the requirements for usable open space for all purposes and pursuits. In determining the area of any of the aforesaid water area, flood plains and areas where the seasonal high water table reaches zero feet shall be deemed to be included in such water area.
3.
Areas not considered as open space. Open space, as required, shall not include yard areas, land area within the right- of-way of public or private streets, and land area between walkways, sidewalks and buildings wherein the principal use of said land is to provide for pedestrian traffic to and from buildings.
e.
Location of open space. Open space areas in a cluster development shall be located in accordance with the following standards:
1.
Streams and their flood plains, natural wetland areas with slopes in excess of 15% and any other environmentally sensitive areas in the tract shall be included in open space areas.
2.
Any unique or unusually attractive feature of terrain or vegetation such as scenic overlooks, level open areas suitable for playing fields, stands of large trees, or areas of particular value as wildlife habitat, shall be included in open space.
3.
Insofar as is possible, consistent with subparagraphs 1 and 2 hereof, open space shall be located so as to provide buffers between clusters of dwellings, and between clusters of dwellings and the boundary of the tract.
4.
No individual area devoted to open space shall be less than one acre in area or less than 50 feet in width, at its narrowest point; however, at least 1/3 of the area shall be at least 100 feet in width.
f.
Maintenance and use of open space areas.
1.
Natural areas. A minimum of 50% of the open space in a cluster development shall be designated and maintained as a natural area.
(a)
Clearing of brush and dead timber shall be required where necessary to eliminate fire hazard.
(b)
Clearing of obstructions or jams from streams or waterways shall be required where necessary to insure unimpeded flow, provided, however, that no channelization shall be permitted.
(c)
Hiking or bicycling trails and bridal paths may be constructed and maintained.
(d)
Tree stands and blinds may be constructed and maintained.
(e)
Chemical agents may be used to control weed growth or algae bloom, or for fish management in lakes and ponds.
(f)
Natural areas shall otherwise be maintained, undisturbed in their natural state. No garbage or debris shall be permitted to accumulate except that leaves, grass and shrub clippings may be deposited in properly located and maintained compost heaps.
2.
Use of natural areas shall be restricted to hunting, fishing, bird watching, hiking, cycling and boating.
3.
No chemically powered engines shall be used in a natural area, except for the performance of functions designated in subparagraph 1 hereof.
4.
Active recreation areas. A minimum of 25% of the open space in a cluster development shall be improved and maintained as an active recreation area.
5.
Uses of active recreation areas shall be limited to athletic fields and courts, golf courses, equipped play- grounds, swimming beaches and pools, picnic tables, fireplaces, boat docks or boathouses.
6.
An area devoted to active recreation shall not be located within 100 feet of the tract boundary or the boundary of a cluster lot.
7.
Active recreation areas shall be planted and landscaped so as to provide ground cover and neat appearance and such plantings shall be maintained and trimmed so as to continue to provide proper ground cover, and free use of the area for its intended purposes. No areas of bare dirt shall be permitted except for properly maintained basepaths or infields on a baseball field, clay tennis courts, and sand bathing beaches.
8.
All playing surfaces, fences and other improvements or equipment in active recreation areas shall be maintained in good repair.
g.
Where open space is not dedicated to the township or other government entity, the applicant shall establish a property owner's association which shall consist of all owners of lots in the cluster development and shall own and maintain the open space areas. The applicant shall submit, as a part of his subdivision application, a copy of such association's agreement or charter, including, but not limited to, the following information:
1.
Scheme for creation of the organization.
2.
When said organization will assume responsibility.
3.
The duties of the organization.
4.
The method by which the organization will be funded.
5.
Provisions for enforcement of the discharge of duties by the organization.
6.
Method by which open space will be maintained in perpetuity.
h.
The property owners association shall not dispose of any open space areas without first offering to dedicate it to the township.
i.
If the property owners association fails to maintain the open space areas in accordance with the provisions of this chapter, the township may take over such maintenance under the following procedure:
1.
The zoning officer shall serve written notice upon all the property owners in the cluster development specifying all maintenance violations. The notice shall set a time, date and place for a hearing before him on said violations, which hearing shall be held not more than 15 days after the date of service.
2.
At the hearing, the property owners shall have the right to contest the existence of maintenance violations, and to show good cause why the time period to cure violations should be extended. Within 10 days of any such hearing, the zoning officer shall give to the owners his written findings on any such contentions and showings which may have been advanced.
3.
The property owners association shall have a time period of 35 days after receipt of notice to cure all maintenance violations. The zoning officer, may, for good cause shown, grant a reasonable extension of the time period, not to exceed a total of 65 days.
4.
If the property owners have not cured all violations within the specified time period, the municipality shall take over maintenance of the open space areas. The maintenance costs shall be assessed pro rata on the basis of assessed valuation against all lots in the cluster development. This assessment shall become a lien and tax on them and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
5.
One year after municipal takeover, and each succeeding year thereafter, the property owners shall have the right to a hearing where they may show cause why the property owners association should be permitted to resume maintenance of the open space areas.
The zoning officer shall serve written notice, upon all the property owners in the cluster development at least 15 days prior, which notice shall state the time, date, place and purpose of such hearing.
j.
Additional requirements and conditions.
In any approved development, as provided for in this section, the following standards shall apply in addition to all other standards contained in this chapter. In cases of conflict, provision of this section shall apply.
1.
Water and sewer services. Water and sewer services shall be constructed in accordance with applicable regulations of the Public Utilities Commission and in accordance with all State, county and municipal regulations. In the event of conflict between the various codes and requirements of said entities, the more restrictive regulation shall govern.
2.
Central sewage disposal plant. Sewage disposal shall be by means of a central sewage disposal plant. Such disposal plant shall be in accordance with the requirements of the Department of Environmental Protection of the State of New Jersey and county and municipal board of health requirements, if any. Such disposal plant shall be constructed in accordance with the requirements of the Department of Environmental Protection, Department of Health, the county sewer authority, and the board of health of the township and shall be subject to their regulation and approval.
3.
Central water system. Potable water shall be provided by means of a central water system. Such water system shall be in accordance with the requirements of the Department of Environmental Protection of the State of New Jersey and county and municipal board of health requirements, if any. Such central water systems shall be constructed in accordance with the requirements of the Department of Environmental Protection, Department of Health, county sewer authority, and of the board of health of the township and shall be subject to their regulations and approval.
4.
Approval of water and sewage systems. The proposed water and sewer system shall be approved by the township board of health before any building permit shall be issued, notwithstanding approval of any other agency whether State or county, unless the board of health of the township shall certify that the approval of such other approving agency is sufficient in its opinion that no further approval by the municipal board is required.