TOWNSHIP OF WANTAGE ORDINANCE

AN ORDINANCE TO AMEND CHAPTER XII and XIII OF THE REVISED GENERAL ORDINANCES
OF THE TOWNSHIP OF WANTAGE, BEING THE ZONING CHAPTER

NO. 2003-07

BE IT ORDAINED by the Township Committee of the Township of Wantage that Chapter XII and XIII of the Revised General Ordinances of the Township of Wantage, being the Zoning Chapter, shall be and is amended as follows:

Section 1. All references in 13-5 Schedule of Standards R-1 Residential District shall be renamed to be the “Schedule of Standards: Residential Environs District” and the following text added:

“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."

Section 2. All references in 13-5.5 Area and Yard Requirements for the R-1 Residential District (Residential Environs District) relating to residential bulk standards, density, lot size, etc. shall be substituted in their place with the following:

1. Traditional Development Option:

Density: 1 housing unit per 5 acres.
a. Minimum Lot Size = 5 acres.
b. Lot Frontage =250 feet.
c. Front Yard Setback = 80 feet.
d. Side Yard Setback = 40 feet.
e. Rear Yard Setback = 80 feet.
f. Minimum Lot Depth = 300 feet.
g. Impervious Coverage = 10% of lot area.

2. Environmental Preservation Constraints Option:

Density: Varies depending on the carrying capacity of the land based the environmental constraints calculation as defined in 12-8.4.
a. Minimum Lot Size = 2 1/2 acres, with constraints calculation.
b. Lot Frontage =225 feet.
c. Front Yard Setback = 75 feet.
d. Side Yard Setback = 40 feet.
e. Rear Yard Setback = 75 feet.
f. Minimum Lot Depth = 250 feet.
g. Impervious Coverage = 10% of lot area.
h. h. A minimum of 20,000 square feet of developable land with in each lot as defined as contiguous non-constrained to allow the construction of the single-family dwelling.

3. Open Space/Agricultural Preservation Option:

Density: 1 housing unit per 5 acres.
a. Minimum Lot Size = 1 1/2 acres and no greater than 2 _ acres with and overall average of 2 acres per lot with a minimum of 20,000 square feet of developable land defined as contiguous non-constrained to allow the construction of the single-family dwelling.
b. Lot Frontage = 175 feet.
i. Front Yard Setback = 75 feet.
j. Side Yard Setback = 30 feet.
k. Rear Yard Setback = 75 feet.
l. Minimum Lot Depth = 250 feet.
m. Impervious Coverage = 15% of lot area.
n. A minimum of 45% of the tract shall be deed restricted as open space under a homeowner’s association or accepted by resolution of the Township Committee. Preserved farmland shall be placed on separate lots. Two dwelling units can be associated with the farm lot.

Section 3. The Zoning Map shall be revised to rename the R-1 Zone to Residential Environs District (RE).

Section 4. Section 12-8.4-1. Lots-Density Adjustment Factors shall be modified as follows:

The column titled “Resultant Minimum Lot Size” shall be removed; the column titled “Constraint Flood plain and wetlands” shall add wetland buffers.

Section 5. Section 13-2, Definitions, is amended to include the following:

13-23a “Contiguous Developable Land” shall mean the minimum contiguous area within a lot consisting of land suitable for construction of a principal and accessory buildings and structures, excluding environmentally sensitive areas as defined and designated in this Ordinance.

Section 6. The following new section shall be added:

13-15-5A NONCONFORMING LOTS, STRUCTURES AND USES IN THE RESIDENTIAL ENVIRONS DISTRICT.
Any lot or plat as recorded at the time of passage of this Section that fails to comply with the minimum requirements of this Section may be used for any use not otherwise prohibited in such district in which it lies provided that:

a) Unimproved Nonconforming Lots. Notwithstanding any other provisions of this section, any existing lot (as of August 15, 2003), (including any vacant lot in the Residential One zone [R-1]) of at least one acre regardless whether there is any other adjoining land owned by the owner of such lot, and which is nonconforming as to dimensions or area, may be improved with a new building or structure, in accordance with the use requirements of this section, provided that the minimum setbacks shall meet the former R –1 Zoning District requirements, including the environmental constraints calculation, which are:

(1) Minimum Lot Width – 150 feet in the street line.
(2) Minimum Lot Depth – 200 feet from the street line.
(3) Minimum Side Yard – 30 feet each from the lot line.
(4) Minimum Front Yard – 40 feet from the street line.
(5) Minimum Rear Yard – 50 feet from the lot line.
(6) Maximum Building Coverage – 10 percent of total lot area.
(7) Minimum Residential Floor Area – 1,000 square feet.

Section 7. Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reason by any Court of competent jurisdiction, such provision(s) shall be deemed severable and the remaining portions of this Ordinance shall remain in full force and effect.

Section 8. All ordinances or parts of ordinances or resolutions that are inconsistent with the provisions of this Ordinance are repealed to the extent of such inconsistency.

Section 9. The Township Clerk is directed to give notice at least ten days prior to the hearing on the adoption of this ordinance to the County Planning Board and to all others entitled pursuant to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this ordinance, after public hearing, the Township Clerk is further directed to publish notice of the passage and to file a copy of this ordinance, as finally adopted, with the Sussex County Planning Board, as required by N.J.S.A. 40:55D-16.

Section 10. This ordinance shall take effect on August 15, 2003 after publication and passage according to law.

_________________________________
Mayor
ATTEST:
_______________________________________
James R. Doherty, Administrator/Municipal Clerk