[Amended 12-11-90 by Ord. No. 90-14; 2-25-03 by Ord. No. 2003-08; 10-28-03 by Ord. No. 2003-22;
amended in its entirety 12-26-12 by Ord. No. 2012-12; amended in its entirety 4-22-14 by Ord.
No. 2014-01]
The purpose and intent of this Article is to permit and promote
single-family residential use of the undeveloped areas of the recreation-oriented
complex formerly known as "Holiday Lakes" now known as High Point
Country Club at a density not to exceed one unit per acre while preserving
uses authorized pursuant to approvals issued in accordance with prior
ordinances. The minimum density will help promote the conservation
of natural features and help to provide a mix of housing types as
part of an overall plan for the large tract of land, and help to preserve
the health, welfare and safety of the entire community.
A.
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.
B.
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.
C.
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.
In the R-4 Zone, a master site plan must be provided so that
individual applications can be judged by the Land Use Board in relation
to the overall plan.
The permitted uses within this zone are as follows:
A.
The following are accessory uses:
(1)
Private garages accessory to a dwelling.
(2)
Recreation-oriented facilities, such as lakes, docks, beaches, boathouses,
swimming pools, tennis courts, stables and like accessory buildings.
Directional and identification signs shall be no larger than 12 square
feet.
(3)
Customary buildings accessory to golf courses including lockers,
professional shops, repair shops, maintenance buildings, storage areas
and garages provided that said uses do not interfere with the community
scheme of the R-4 Zone District or the community scheme of any abutting
properties; specifically excluded from the aforementioned accessory
buildings are restaurants, taverns and bars.
A.
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.
B.
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.
A.
Lot area and dimension shall be as follows:
(1)
Minimum lot area: one acre (43,560 square feet).
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 150 feet.
(4)
Minimum front yard: 30 feet.
(5)
Minimum side yard: 20 feet.
(6)
Minimum rear yard: 25 feet.
(7)
Minimum livable floor area per apartment dwelling unit: 1,000 square
feet.
(8)
Minimum livable floor area per single-family home: 1,200 square feet.
(9)
Off-street parking per dwelling unit: two.
(10)
Maximum building height: 35 feet.
(11)
Maximum lot coverage: 25%.
(12)
Maximum dwelling units per buildings: six for existing uses
predating this Article.
(13)
Maximum dwelling units per acre: one except where the use predates
the adoption of this Article, the maximum dwelling unit per acre shall
be two.
(14)
Minimum road frontage on cul-de-sac lots: 75 feet.
B.
The average residential gross density of the project shall not exceed
one dwelling unit per acre.
C.
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.
A.
Recreation use.
(1)
At least 25% of the gross land area of a development which includes
subdivision of a lot or lots in the R-4 Zone shall be reserved for
recreational use by:
(2)
Regardless of the method used, such land shall be set aside in perpetuity
for the use of the residents of the development and such other persons
or classes of persons as may be permitted.
(3)
Any proposed conveyance, master deed under the Condominium Act or
certificate of incorporation and bylaws of a homeowners' association
shall be submitted to the Land Use Board for approval.
Editor's Note: See N.J.S.A. 46:8B-1 et seq.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
D.
Off-street parking.
(1)
Two off-street parking spaces per dwelling unit, plus one space per
10 units for visitors.
(2)
No parking area shall provide for more than 50 vehicle spaces. Parking
areas shall be separated from each other by planting strips at least
10 feet in width.
(3)
Minimum width of access aisles to parking stalls shall be 25 feet.
(4)
All internal parking areas and access aisles shall be constructed
to either of the following minimums:
(a)
Crushed aggregate base course, Type A, or other material approved
by the Township Engineer, of six inches minimum depth and a surface
course of CP-2, two and one-half (2 1/2) inches in thickness;
or
(b)
Crushed aggregate base course as described above and a bituminous-concrete
surface course of two inches minimum depth.
E.
The site plan shall show existing contours and finished grade elevations
related to storm sewers.
F.
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.
