Rules and Regulations
Before the current revision in 2013, the guidelines were previously revised in 2004 and approved by the Municipality. Title Deed conditions remain unchanged unless challenged in the High Court. Under the new Municipal arrangement, where our local municipality Nkomazi falls under the far larger Ekurleni Municipality, there are a general set of by-laws, which are currently being revised and tailored to suit our 'special status' holiday township in a nature reserve. I think it best if you approach MPPOA for the finer details. In the the meantime there are a set of NKLM by-laws in Files on the Marloth Park Facebook Group and on the MPPOA FB page and website.
Marloth Park Revived Rules, Regulations and Conditions (October 2013)
“If you are a Newcomer to Marloth Park, we, as the Marloth Park Property Owners Association, (MPPOA in short), wish you welcome in our very Special Place. Or if you are unfamiliar with the Special Conditions applicable to Marloth - It may be advisable for you to take note of some key Rules, Regulations and Conditions. This is imperative if we wish to maintain the character of Marloth as intended through its established.
The Establishment Conditions, Title Deeds and Development Plan, spells out certain firm and important principles, some of which are included below, together with previous and well established Rules, Regulations and Guidelines.
1. Marloth Park is a Special Holiday Township with special conditions for Land Use, Occupation and Conservation – it is NOT a Public Holiday Resort.
2. The allowable period of occupation of any residential stand is limited to a maximum of 4 months per annum – except by Special Permission. (The Conditions and Application of which is still to be clarified).
3. No residential stand may be used for Commercial Application – such as; a lodge, guest house, self catering, bed and breakfast - nor any form of Commercial Hospitality, without Special Consent, (which must be applied for and may be granted under Special Conditions).
4. Such Consent Land Use, if granted, is attached to the Property Owner and NOT the Property. Such Consent Land Use is not transferable on the sale of the property and must be re-applied for by any New Owner. A regular Review, of Compliance by the owner, of the conditions attached to the Consent Land Use, shall be implemented and Consent use shall be with draw, if all conditions are not complied with.
5. As per the Title Deed, any development on any residential stand may contain only One Single Living Unit. Hence no Granny Flat, Studio or out buildings for the purpose of any form of human, living or occupation shall be allowed. No ‘abnormal’ link between two or more buildings, ‘to make it look like one’, shall be allowed.
6. All Residential Stands are zoned as ‘Residential One’ and Re-Zoning is NOT allowed in terms of the Conditions of Establishment.
7. The total coverage of development, on any residential stand, may occupy up to 50% of the area of the stand, for any form of human purpose, use, comfort, occupation or living – hence 50% MUST be left untouched and in its natural state – unfenced, with its full natural bush, brush and grass. (Areas swept clear and devoid of any vegetation, is part of the allowable coverage).
8. No building work is allowed without an approved Development Plan and Building Plan. Keeping in mind that we need to understand the character of Marloth and reflect it in our plans by continuously respecting, maintaining and supporting the underlying principles. Hence our development structures and gardens need to fit the general picture of the natural environment. NOT covered by stone or similar unfitting material.
9. The maximum height of any single story building shall be limited to 7 meters, measured from the lowest foundation level. A maximum of Two Storeys are allowed, with a maximum height of 10 meters. The maximum ground floor coverage of the main building shall be 250 square meters, while the second level area shall not exceed 60% of the ground floor area with a maximum of 4 bedrooms in total. The maximum size of out buildings shall be 50 (fifty) square meters. The maximum number of people allowed to sleep in a house, shall not exceed the number of permanent beds catered for.
10. Wood, as construction material, or any 'abnormal material', is allowed only by special application and approval.
11. The Main Building MUST be completed first – i.e. Out Buildings may not be constructed first and used for human accommodation.
12. The volume of any Pool, for human use, shall be limited to a volume of Ten Cubic Meter and a depth of One Meter. All pools shall be left empty while the property is vacant, hence any pool must be raised above ground level. Game water holes shall have a maximum volume of One comma Two Cubic Meters and a maximum depth of Three Hundred milli meter, with one low sloping side. Prefabricated containers of steel, plastic, asbestos etc. is NOT allowed. The breeding of Mosquitoes shall be avoided at all times.
13. A single "Wendy" Type Structure or Tool/Garden Shed, not exceeding 10 square meters, is allowed by approval, but may NOT be equipped with water or electricity supply and NO person shall be allowed to stay, reside or live in it.
14. No fencing, of any nature, is allowed around the entire property. Limited fencing, around external living areas at the main building, is allowed with special application and approved.
15. No person shall be allowed to stay or live in any ‘second’ or ‘outside’ facility. Any person who resides on a residential stand shall make use of the main house. (Refer to clause 7). Note that, by LAW, any person who has been allowed to live on your property, for any length of time, has occupation rights to your property and that you may require a court order to remove that person and you may have to provide for the cost of relocation and/or alternative accommodation. During a Construction Period, a maximum of two persons may reside on the site, but NOT without proper facilities, such as a toilet, washing facility, gas or electric cooking. (The use of the veldt for toilet purposes and fire wood from any land is absolutely forbidden).
16. The entire property shall, at all times be kept in a neat and tidy state after completion of construction work – no bulk storage of any rubble, other material or unsightly goods, is allowed. No temporary structure may be left on the site.
17. Once building work has started, all work shall be completed within a period of 12 months.
18. No tree may be removed without proper motivation AND approval from the Local Authority. All plants are protected. Leadwood, Maroela, Jackal berry, Kanniedood and Red Ivory, with a height of 3 meter and more, may NOT be removed under any circumstances and must be indicated and documented on the development plan.
19. Only indigenous plants may be brought in and planted or cultivated – hence NO foreign, exotic or invasive plants are allowed. You are also required by law to remove invasive plants and declared weeds from your property.
20. No Plant or dead Wood may be collected or removed from any Property, Stand, Park Area, or Lion Spruit.
21. No Live Pet, of any nature, is allowed within Marloth Park, at any time.
22. The firing of any sharp ammunition, air gun, arrow or any such dangerous weapons is NOT allowed, except under very abnormal and allowable circumstances and shall, thereafter, be reported to your local security company or Community Police Forum (CPF) Member.
23. The Entrance and Exit of all Vehicles and Individuals are strictly controlled and all will be checked for any form of transgression or non compliance.
24. National Road and Traffic Rules shall be enforced at all times. No Speeding, Drink and Drive, Reckless Driving, Injuring or Killing of Wild Life, Un Road Worthy Vehicles, Off Road Driving, Off Road Motor Bikes, Quad Bikes, Unlicensed Driving, etc., shall be tolerated.
25. No form of Pollution shall be allowed.
25.2. Noise – No Continuous Disturbing Noise is allowed at any time – this includes noise emanating from –humans, music, air conditioner, home manufacturing, vehicle service and repairs or any such disturbing activity on a regular and continuous basis. Emergency generators shall be of the 'super silent' type or shall, otherwise, be located in a silent facility. The use of noisy motor cycles, bikes or any noisy device is forbidden.
25.3. Light – No Continuous Direct Light is permitted to be visible beyond the boundary of any property. (Outside lighting to be fitted and screened in such a manner, that it complies). The use of spot lights on a residential property and whilst driving within Marloth Park or Lion Spruit, is prohibited.
25.4. Dust – no dust clouds shall be created on dirt roads by limiting Driving Speed to such an extent that dust clouds are prevented.
25.5. Litter – by people in or on vehicles are totally prohibited. Littering spread from litter bags placed outside any property is strictly forbidden – the property owner, whether present or not, shall be held responsible and liable for the cost of removal and a fine. The dumping of woody and other garden rubble, along road sides, is strictly forbidden.
26. Water and Power are to be used sparingly. Make maximum use of ‘grey water’ and use only low energy consumption and energy efficient appliances. Use Electric Power ONLY for essential appliances such as fridge and freezer, lights, fans, micro wave oven, washing, limited air conditioning etc. Make use of gas for stoves and gas or solar heating for geysers. Do not go overboard with an air conditioner in every room – there is a serious shortage of electric power and this shortage will become even greater in future. So, do not waste money on installations which you will NOT be unable to use.
27. Due to extreme pressure on the infrastructure during hot December Holiday Periods, it is necessary to reserve Marloth Park for Property Owners and their Accompanying Guests, during this Season. Hence no visitors who are Non-Property Owners or not accompanied by a Property Owner, except in the case of a ‘Legal’ Lodge or Guest House..
28. No walking and limited driving, between sun set and sun rise, is permitted – this allows time and space for our animals.
29. Sign Boards, preferable made out of Wood – shall be no larger than zero comma five square meters and shall otherwise comply with the set regulations – no ‘For Sale’ or ‘For Rental’ boards are permitted at or on residential properties.
Our advice is; ‘do not BUY or Build any property which does not comply with the above criteria’, (specifically items 3, 5, 7 and 15), as you may not be permitted to sell it, for as long as it is in a state of non-compliance with important Land Use Conditions.