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**Webmasters Note: The previous title has been amended as per Ordinance No. 2003-07. | |||||||
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The purpose of the Environs Residential District is to protect the rural character, preserve farmland and conserve environmentally sensitive land or critical wildlife habitat, while permitting a harmoniously integrated residential development. | |||||||
**Webmasters Note: The previous paragraph has been added as per Ordinance No. 2003-07. | |||||||
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§13-5.1 Permitted Uses
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a Single family homes | |||||||
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b. Agriculture on a lot containing a minimum of five acres. Any animals, other than cattle, horses and ponies, domestic animals, other than household pets, kept on the premises shall be in connection with the pursuit of agricultural. This shall not include the keeping of domestic animals for boarding, training, sale and resale, where such activities are not in connection with the pursuit of agricultural and are themselves the exclusive or primary use Any animal other than cattle, horses and ponies, shall be kept at a distance of at least 100 feet from any property line The following ratios of animal per acre of land shall be met. Cattle, horses, and ponies 11 on parcels of 50 acres or less, no ratio on parcels 51 acres or larger, swine, sheep and goats, 5 1 on parcels of 25 acres or less, no ratio on parcels 26 acres or larger, poultry, no ratio The above provisions shall not be construed to permit commercial piggeries, or animal processing facilities
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It is intended that a single family residence use may be established on the same lot used for agricultural purposes as set forth above. In that event, the lot then shall have a minim-am lot area of one acre for the single family residence use in addition to the required minimum of five acres set forth above. | |||||||
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§13-5.2 Accessory Uses
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a. Private garages.
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b. Home occupation provided that not more than one-half of the floor area of one story or the basement of the principal structure shall be devoted to such use. No merchandise or materials, either assembled or unassembled, shall be received into the residence for the purpose of merely storing and/or reselling No machinery or equipment shall be used except machinery or equipment which is usually found in the home and which will not cause electrical or other interference with radio and/or television reception No use permitted by this section shall result in any use operating in this zone in other than a building strictly residential in appearance. Except for permitted signs, there shall be no physical evidence of said use visible from the exterior of the building so used
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c Professional occupations | |||||||
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d Greenhouses, tool sheds, summer houses, and other similar structures, provided that such structures be used for private purposes only | |||||||
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e Customary accessory buildings to farm land uses and farm buildings | |||||||
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f Roadside stands | |||||||
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g Private swimming pools (See section 13-18) | |||||||
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h . Horses and/or ponies for riding purposes in connection with single family residence use where such use is the principal use of the property and the horse and/or pony is owned by a member of the family occupying such single family dwelling unit The following ratio of the number of horses and/or ponies per acre of land shall be met. For the first horse and/or pony, at least one and one-half acres and one acre for each additional horse and/or pony | |||||||
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i 4H projects in connection with single family residence use, where such use is the principal use of the property and the 4H project is being conducted by a member of the family occupying such single family dwelling unit. In connection with such projects, a permit shall be obtained from the construction official The application shall indicate the nature of the project, the name and age of the 4H participant conducting the project, the area on the subject lot to be utilized and the number and types of animals involved in the project (if any) The permit issued shall be for a period of one year. There shall be no fee in connection with the application or issuance of such permit. | |||||||
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j. Adequate fencing shall be provided in connection with the keeping of horses, ponies or other animals in connection with 4H projects The fencing shall be suitable for its intended purpose, i.e. the corralling of said animals.
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§13-5.3 Residential Cluster Development
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a. Where approved public sanitary sewer and public water systems exist or are provided, the following minimum standards shall prevail
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1. Minimum lot size - 22,500 square feet
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2 Minimum lot width - 150 feet | |||||||
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3 Minimum lot depth 150 feet | |||||||
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4 . Minimum side yard 20 feet each 5 Minimum front yard - 40 feet 6 Minimum rear yard - 50 feet | |||||||
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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.
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**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2005- | |||||||
16. | |||||||
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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. | |||||||
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d. Open space
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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.
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2. Not more than 50 percent 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
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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
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e Location of open space Open space areas in a cluster development shall be located in accordance with the following standards | |||||||
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1 Streams and their flood plains, natural wetland areas with slopes in excess of 15 percent and any other environmentally sensitive areas in the tract shall be included in open space areas | |||||||
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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
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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. | |||||||
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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 one-third of the area shall be at least 100 feet in width
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f Maintenance and use of open space areas. | |||||||
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1. Natural areas A minimum of 50 percent of the open space in a cluster development shall be designated and maintained as a natural area.
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(a) Clearing of brush and dead timber shall be required where necessary to eliminate fire hazard.
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(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
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(c) Hiking or bicycling trails and bridal paths may be constructed and maintained
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(d) Tree stands and blinds may be constructed and maintained
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(e) Chemical agents may be used to control weed growth or algae bloom. or for fish management in lakes and ponds.
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(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
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2 Use of natural areas shall be restricted to hunting, fishing, bird watching, hiking, cycling and boating | |||||||
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3. No chemically powered engines shall be used in a natural area, except for the performance of functions designated in subparagraph 1 hereof
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4. Active recreation areas A minimum of 25 percent of the open space in a cluster development shall be improved and maintained as an active recreation area.
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5 Uses of active recreation areas shall be limited to athletic fields and courts, golf courses, equipped playgrounds, swimming beaches and pools, picnic tables, fireplaces, boat docks or boathouses | |||||||
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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.
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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. | |||||||
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8 All playing surfaces, fences and other improvements or equipment in active recreation areas shall be maintained in good repair | |||||||
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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 | |||||||
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1. Scheme for creation of the organization.
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2 When said organization will assume responsibility | |||||||
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3. The duties of the organization.
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4. The method by which the organization will be funded.
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5. Provisions for enforcement of the discharge of duties by the organization
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6. Method by which open space will be maintained in perpetuity.
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h The property owners association shall not dispose of any open space areas without first offering to dedicate it to the township | |||||||
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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
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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. | |||||||
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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 ten 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.
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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. | |||||||
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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
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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. | |||||||
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j. Additional requirements and conditions
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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 | |||||||
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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
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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. | |||||||
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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
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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
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