[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.
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.
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.
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.
