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ORDINANCE NO.20-2003 AMENDED ORDINANCE PERMITTING BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, as follows:
SECTION 1. Section 21-10, Administration and Enforcement, of the Land
Use Ordinance of the SECTION 2. New Section 21-10 of the Land Use Ordinance of the Township of Mendham, as amended, permitting lot size averaging in the R-5 and R-10 Zones, shall read in its entirety as follows:
“21-10 21-10.1 Purposes. Subdivision developments in the R-5 and R-10 Zones are encouraged to be designed according to the principles of lot size averaging in order to promote the following:
a. A mix of lots of varying sizes and configurations within neighborhoods consistent with the Township’s historic development pattern; b. Subdivision roads designed to follow the natural contours and features of the land consistent with the character of the Township’s historic rural roads, and thus less disruptive to the environment and potentially shorter and less costly to build and maintain; c. The preservation of permanent private or public open space, especially areas important to environmental protection and the preservation of community character. 21-10.2 General. 21-10.3 a.
Lot yield may be the same as a conventional subdivision complying with
all of the minimum requirements contained in the Schedule of Requirements for
the zone district as verified by the submission of a concept subdivision plan;
or b.
L = total permitted number of lots, T = total tract acreage, and L shall be rounded to the nearest whole number:
i. In the R-5 Zone: L = 0.85 x T 5 ii. In the R-10 Zone: L = 0.90 x T 10 21-10.4 Bonus Lots. The Planning Board may permit one or more additional bonus lots for dedication of public open space or conservation easements in accordance with the following: a.
One bonus lot for every 20 acres of land deeded to b. The Planning Board shall determine that the land to be dedicated is suitable for public open space purposes, including but not limited to: • areas important to the protection of environmental resources, • areas containing contributing historic resources as documented in State and National Historic Register Registration Forms, • areas adjacent to existing public open space, • roadscape areas that preserve community character. A bonus lot shall not be granted if more than one-half of the tract proposed to be dedicated consists of wetlands, wetland or stream buffers, or steep slopes. 21-10.5 Minimum lot standards for lot averaged subdivisions. Notwithstanding any other provisions of this chapter, lots in lot averaged subdivisions shall comply with the following standards: a.
In the R-5 Zone, all lots shall comply with the minimum bulk standards of
the R-3 Zone as contained in the Schedule of Requirements. b. In the R-10 Zone, all lots shall comply with the minimum bulk standards of the R-5 Zone as contained in the Schedule of Requirements. 21-10.6 Deed restrictions. All lots larger than five acres in the R-5 Zone and ten acres in the R-10 Zone, which are part of a lot averaging subdivision, shall be subject to the following permanent deed restriction: ‘This lot was subdivided pursuant to the lot size averaging provisions of the Mendham Township Zoning Regulations. Further subdivision of this lot described herein is prohibited. This restriction shall run with the land described herein and is binding upon any and all heirs, successors and assigns in title from and after the date of this deed and shall be enforceable by the Township of Mendham.’” SECTION 3. This ordinance shall take effect after final passage and publication pursuant to law. Adopted: |
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