ORDINANCE NO. 12 - 2007

AN ORDINANCE CREATING A NEW ZONE DISTRICT, ENTITLED “THE RESIDENTIAL CLUSTER – RC ZONE”, WITH STANDARDS PERTINENT THERETO, AMENDING CHAPTER XXI “ZONING REGULATIONS” OF THE LAND USE ORDINANCE OF THE TOWNSHIP OF MENDHAM .

            BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, as follows:

            SECTION 1.  Section 21-2.1, Zone Districts, of the Land Use Ordinance is hereby amended to delete the “R-C One Family Residence District” and inserting the following in its place:

“R-C                Residential Cluster District”

            SECTION 2.  Section 21-4.1 is Uses is hereby amended by deleting “R-C” from the first line in the section.

SECTION 3.  A new section, section 21-4A, RESIDENTIAL CLUSTER, is hereby created to read as follows:

            “21-4A  RESIDENTIAL CLUSTER DISTRICT”

“21-4A1. FINDINGS AND PURPOSES: 

a.      The Residential Cluster District encompasses a unique and long established neighborhood of 37 single family homes and other buildings on a single lot of approximately 28 acres designated as Block 127, Lot 69.

b.      All the land and improvements are owned by a cooperative legally know as Woodland Lake, Inc. to which shares are owned by individual cooperators largely made up of the residents. 

c.      The Cooperative is governed by a Board of Directors which has the authority to control development on the entirety of the property and is in the position to balance the interests of individual cooperators with the overall interests of the Cooperative as a whole. 

d.      Conventional single family zoning can not reflect these facts and the characteristics of the neighborhood without making the administration of land use regulations unnecessarily cumbersome, time consuming and costly for both the Township and members of the Cooperative. 

e.      The continuation of the Cooperative promotes increased variety of housing in the Township and preserves valuable open space. 

f.        Zoning should reflect and promote the continuation of the established pattern of development in the neighborhood.

g.      Zoning standards should be designed to minimize the need for applications to the Zoning Board of Adjustment. 

h.      The establishment of the minimal regulatory requirements regarding the distance between buildings set forth in this section is not intended to encourage the relaxation of any more stringent requirements that may be required by the Board of Directors of Woodland Lake, Inc.  Therefore, these less stringent standards should not serve as a basis for variance relief that may be sought by an applicant before the Zoning Board of Adjustment nor in support of a challenge to a determination of the Board of Directors. 

“21-4A2.  Map.  A map entitled Map of Common Open Space and Internal Roads Referenced in Section 21-4A2 of the Land Use Ordinance of the Township Of Mendham prepared by Maser Consulting Engineers dated May 22, 2007, is hereby declared to be the  Map showing the location of the common open space and internal drives for the purpose of establishing the setbacks required by this section.

            “21-4A3. Required common open space.  The common open space shown on the  Map shall be for the use and enjoyment of residents of the district in common.

            “a. Permitted uses.  The following uses and structures are permitted in the common open space:

i.                    Recreational improvements intended for the use of the residents of the district, and

ii.                  A building for meetings and recreational activities of the residents of the district of no more than 1,200 square feet of floor area.

iii.                Buildings for the storage of equipment and supplies associated with the maintenance of the common open space.

iv.                 Septic systems for the Cooperative.”

“21-4A4. Permitted residential uses.  No more than a total of 37 detached single family residences are permitted and only in the area outside of the common open space shown on the Map.

“21-4A5. Permitted accessory uses and buildings.  The following accessory uses and accessory buildings are permitted in the area outside the common open space shown on the Map:

a.              Private garages.

b.              Professional practice as defined in Chapter XII, General Definitions, provided the practice does not occupy more than 500 square feet of floor area of the dwelling.

c.               Home occupations as define in section 21-4.4 c.

d.              Detached private sheds of no more than 100 square feet in floor area. 

“21-4A6. Minimum Lot Size.  The minimum lot size shall be 27.9 acres, including the common open space area.

“ 21-4A7. Building Setbacks.  The following minimum setbacks for all buildings shall be maintained:

a.              From internal drives.  All residential buildings shall be set back a minimum of 15 feet from the centerline of pavement of all internal drives shown on the Map.  For the purposes of this section, “internal drives” shall refer to Herbann Lane , Levitan Lane , Lake Drive , Barbarita Hill Lane and Stone Road , as they are shown on the Map.

b.              From public streets.  All residential buildings shall be set back a minimum of 50 feet from the right-of-way of all public streets.

c.               From common open space boundary.  All buildings shall be set back a minimum of 25 feet from the common open space boundary line as shown on the Map.  All sheds of no more than 100 square feet in floor area shall be setback a minimum of 20 feet from the common open space boundary. 

d.              From residential building to residential building: 12 feet.  (This standard represents the minimum necessary to maintain emergency access but the Cooperative may determine that a larger distance is more appropriate to maintain the character of the neighborhood.)  

e.              From the boundary of the RC - Residential Cluster District: 50 feet.

“21-4A8. Internal drives. The existing location and pavement width of all internal drives shall be maintained as shown on  Map.”

“21-4A9. Maximum size of dwellings.  The maximum floor area of any residential building shall be 2,800 square feet including any garage but not including any shed up to 100 square feet in size and basements.  The maximum number of bedrooms in each residential dwelling shall be three.”

“21-4A10. Maximum height of buildings.  The maximum height of buildings shall be 30 feet.

            “21-4A11.  Endorsement or Consent Required.  No application to the Planning Board or Zoning Board of Adjustment of the Township of Mendham and no application for a Building Permit shall be accepted without the prior written consent and approval of the Woodland Lake Board of Directors.  The execution of such application shall represent that the activity for which approval or permit is sought has received the prior approval of the Board of Directors.”

            SECTION 4. This ordinance shall take effect after final passage and publication pursuant to law.

The  Map is available for public inspection at the Morris County Planning Board and at the office of the Mendham Township Municipal Clerk.

ATTEST                                                         TOWNSHIP OF MENDHAM , IN THE

                                                                        COUNTY OF MORRIS

_________________________          By____________________________

Ann L. Carlson, RMC                                                Phyllis Florek

Assistant Township Clerk                                        Mayor

INTRODUCED  August 30, 2007

ADOPTED          September 25, 2007

EFFECTIVE       September 28, 2007