In their interpretation and application, the provisions of this
article shall be held to be the minimum requirements adopted for the
promotion of public health, safety, morals and general welfare, consistent
with the purposes set forth at N.J.S.A. 40:55D-1 et seq. unless otherwise
stated to be a maximum requirement. Any deviation proposed from the
use and bulk requirements of this article shall require a variance
pursuant to N.J.S.A. 40:55D-70c or d.
A.
It is not intended by this article to repeal, abrogate, annul or
in any way to impair or interfere with existing provisions of other
ordinances except those specifically repealed by this chapter, or
with private restrictions placed upon property, by deed, covenant,
or other agreements. However, where this article imposes a greater
restriction upon land, buildings or structures than is imposed by
existing provisions of other ordinances, contract, deed or other agreements,
the provisions of this article shall control.
B.
The provisions of this article, including, but not by way of limitation, the provisions relating to nonconforming uses and nonconforming structures shall, in conjunction with the provisions of Article IV, be construed as the continuation of the substantive provisions of the Township of Wayne Zoning Ordinance of 1995, and the amendments and supplements thereto in effect at the time of adoption of this chapter, rather than new enactments.
A.
The provisions of this chapter shall be enforced by the Zoning Officer.
The Zoning Officer shall be a member of the Planning Department. The
Zoning Officer shall keep a record of all applications for permits
and a record of all permits issued, with a notation of all special
conditions involved. He shall file and safely keep copies of all plans
submitted, which shall form a part of the records of his office and
shall be available for the use of the Municipal Council and other
Township Officials.
B.
Zoning Permits.
(1)
A zoning permit issued by the Zoning Officer shall be required
for the following activities:
(a)
No person shall commence the construction, reconstruction, alteration,
conversion or installation of a fence other than a garden fence, a
wall four feet or greater in height, a structure, an accessory structure,
a private swimming pool or a building without first obtaining a zoning
permit.
[Amended 6-1-2022 by Ord. No. 23-2022]
(b)
No person shall commence a use nor change an existing use of
property without first obtaining a zoning permit.
(c)
A person desiring to obtain an official acknowledgement that
an existing building, lot or use meets the requirements of the current
Township zoning regulations shall do so by obtaining a zoning permit.
(d)
A person desiring to obtain a certification pursuant to N.J.S.A.
40:55D-68 that a use or structure existed before the adoption of the
ordinance that rendered the use or structure nonconforming, may apply
for a zoning permit. A zoning permit under this section may be issued
only if an application is made within one year of the adoption of
the ordinance that made the structure or use nonconforming. After
one year, application shall be made to the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-68.
(e)
Prior to the issuance of a building permit, a zoning permit
indicating whether the request meets with the provisions of this chapter,
shall be issued.
(2)
The Zoning Officer shall issue a zoning permit where it is determined
that the following conditions have been met:
(3)
A zoning permit shall not be required when the structure or
use is permitted by the terms of a variance granted pursuant to N.J.S.A.
40:55D-70.
(4)
Administration. The Administrative Officer shall have the authority
to promulgate any checklists and/or application forms necessary for
the administration of this section. At a minimum, the supporting exhibit
shall include a current, sealed survey showing, in addition to any
survey data required by statute or state administrative code, the
size of the subject property; bounding streets; size, type and location
of existing structures with distances to all property lines; size,
type and location of the proposed structures with distances to all
property lines.
(5)
Appeal.
(a)
The grant or denial of a zoning permit may be appealed to the
Zoning Board of Adjustment by any interested party pursuant to N.J.S.A.
40:55D-70a.
(b)
A notice of appeal shall be filed within 20 days of the grant
or denial of the permit request.
(c)
The Zoning Board of Adjustment shall reverse or affirm the grant
or denial of the zoning permit within 120 days of the filing of the
notice of appeal. The failure of the Zoning Board of Adjustment to
act within the period shall constitute a decision favorable to the
appellant.
C.
Zoning
Permits for Electric Vehicle Supply/Service Equipment.
[Added 9-21-2022 by Ord.
No. 41-2022]
(1)
The Zoning Officer shall issue a zoning permit for the installation of EVSE or Make-Ready Parking Spaces where it is determined that the application conforms to bulk requirements of Article III Zoning Regulations and Article IV Supplementary Zoning Regulations and does not require site plan approval under Section 134-104.2. An application for a zoning permit shall be deemed complete if it meets the requirements of Chapter 74, Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Parking Spaces, as follows:
(a)
The application, including the permit fee and all necessary documentation,
is determined to be complete,
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application, or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
[Ord. No. 61-2018]
A.
Christmas trees. The Zoning Officer may issue a special permit to
any bona fide, nonprofit organization for the sale of Christmas trees
and/or wreaths under the following conditions:
(1)
The sale of Christmas trees and/or wreaths shall take place
only upon the property of the nonprofit organization.
(2)
The sale of Christmas trees and/or wreaths shall only be conducted
by members of the nonprofit organization.
(3)
The sale of Christmas trees and/or wreaths by the nonprofit
organization shall be without the assistance or involvement of third
parties.
(4)
A nonprofit organization shall not lease or make available its
property to third parties for the sale of Christmas trees and/or wreaths.
(5)
The nonprofit organization shall provide the Zoning Officer
with a sketch indicating the location on the property where the sale
is to be conducted and must show any other ancillary outdoor activity
on the property that will be held in conjunction with the sale. In
the event electricity or some other power source is needed in conjunction
with the sale, the Zoning Officer shall be informed of this fact,
and the nonprofit organization must apply to the Construction Code
Official for an appropriate permit prior to the installation of an
electrical supply or other power source.
(6)
The Zoning Officer is empowered to impose any reasonable conditions
on the issuance of the permit that are consistent with protecting
the public health, safety and welfare, including but not limited to
restricting the location, duration of the sale, ingress and egress
to the premises, traffic patterns and flow on the property.
B.
Clothing bins. The Zoning Officer may issue a special permit to any
person to place, use or employ a donation clothing bin, subject to
the following conditions:
(1)
A person shall obtain a zoning permit. The zoning permit shall
be valid for a period of one year commencing on January 1st of each
year. A fee of $25 per clothing bin shall be remitted with the application.
(2)
The application submitted for the zoning permit shall include:
(a)
The location where the bin will be situated as precisely as
possible;
(b)
The manner in which the applicant anticipates any clothing or
other donations collected via the bin, would be used, sold or disbursed
and the method by which the proceeds of collected donations would
be allocated or spent;
(c)
The name, telephone number or bona fide office of any entity
which may share or profit from any clothing or other donations collected
via the bin;
(d)
The written consent from the property owner to place the bin
on his/her property;
(e)
The address of the bona fide office of the applicant and a telephone
number for contact with the applicant during normal business hours.
An answering machine or service unrelated to the person does not constitute
a bona fide office.
(3)
The placement and/or use of a clothing bin shall be subject
to the following:
(a)
No more than three receptacles shall be located within any commercial
complex;
(b)
Each clothing bin shall not exceed five feet in depth, eight
feet in width and six feet in height;
(c)
The name and address of the owner of the clothing bin and any
other entity which may share or profit from any donation collected
from the bin along with the permit issued by the Zoning Officer shall
be clearly and conspicuously displayed on the exterior of the donation
clothing bin;
(d)
Each clothing bin shall have the label "clothing only" clearly
and conspicuously printed on the front of the bin;
(e)
The clothing bin shall not be placed in an area that may cause
a safety hazard, specifically a clothing bin shall not be placed within
100 yards of any place that stores large amounts of, or sells, fuel
or other flammable liquids or gasses;
(f)
The clothing bin shall be located in a such a manner that it
will not interfere with pedestrian and/or traffic circulation or otherwise
cause a traffic hazard by virtue of any obstruction that it may create
by its placement;
(g)
The receptacles shall be located in a clearly visible and well
lighted area to permit inspection and enforcement;
(h)
The clothing bin may be placed in the parking stalls, provided
that there is sufficient on-site parking to accommodate all uses of
the property in accordance with the applicable provisions of the Township
Code. Absent a determination that there was sufficient on-site parking
to comply with Code requirements, no clothing bin may be placed near
a parking stall so as to violate Code requirements and create a non-conforming
condition;
(i)
No clothing bin shall be placed in the required buffer area
or within three feet of a property line;
(j)
The clothing bin shall be emptied no less than once a week and
the area immediately surrounding shall be maintained in a clean and
sanitary condition and the clothing bin shall remain in good working
order and shall be painted.
(4)
A zoning permit for a donation clothing bin may be renewed upon
application for renewal and the payment of a $25 fee per donation
clothing bin. The renewal application shall include the following
information:
(a)
The location where the bin is situated precisely as possible
and if the applicant intends to move it, the new location where the
bin will be situated after the renewal is granted, with the written
consent of the property owner to the placement of the bin on his/her
property;
(b)
The manner in which the applicant has used, sold and disbursed
any clothing or other donations collected via the clothing bin, the
method by which the collected donations shall be allocated or spent
and any changes the applicant anticipates in these processes during
the period covering the renewal;
(c)
The name and telephone number of the bona fide office of any
entity that shared or profited from any clothing or other donations
collected via the bin and any entities that may do so during the period
covered by the renewal;
(d)
A statement indicating the manner in which the applicant anticipates
any clothing or other donations collected via the bin would be used,
sold or disbursed, the method by which the proceeds of collected donations
will be allocated or spent,
(5)
The Zoning Officer shall investigate, within 30 days of receipt,
any complaints regarding the clothing bin. Whenever it appears to
the Zoning Officer that a person has engaged in or is in the process
of engaging in any act or practice in violation of any provisions
of this section, the property owner shall be issued a notice of violation
stating that, if the violation is not rectified within ten (10) days
from the date of the notice, a summons will be issued requiring a
court appearance. Each day of noncompliance shall be deemed a separate
offense subject to a separate summons. The bin shall not be replaced
once removed without a permit approved by the Zoning Official. The
Zoning Officer shall give notice by regular mail and certified mail,
RRR, as well as affixing the notice to the exterior of the clothing
bin.
[Ord. No. 18-2014 § 2]
(6)
In addition to any other penalties or remedies authorized by
the State of New Jersey, any person who violates any provisions of
this section shall be:
[Ord. No. 18-2014 § 3]
(a)
Subject to a penalty of up to $2,000 for each violation. The
Zoning Officer may bring this action in either the Municipal Court
or Superior Court, as the summary proceeding under the "Penalty Enforcement
Law" of 1999 (N.J.S.A. 2A:58-10, et seq.) and any penalty monies collected
shall be paid to the Chief Financial Officer of the Township;
[Ord. No. 18-2014 § 3]
(b)
Deemed ineligible to place, use or employ a donation clothing
bin for solicitation purposes, pursuant to the provisions of this
section.
[Ord. No. 18-2014 § 3]
(7)
A person disqualified from placing, using, or employing a donation
clothing bin by violating the provisions of this section may apply
to the Zoning Officer to have that person's eligibility restored.
The Zoning Officer may restore the eligibility of a person who (a)
acts within the public interest and (b) demonstrates that he/she has
made a good faith effort to comply with the provisions of this section
and all other applicable laws and regulations.
C.
Sidewalk, tent and parking lot sales. The Zoning Officer may issue
a special permit to a retail establishment desiring to hold a sidewalk,
tent or parking lot sale subject to the following conditions:
(1)
Any retail establishment seeking to hold a sidewalk, tent or
parking lot sale shall obtain a zoning permit from the Zoning Officer.
A fee of $250.00 per sidewalk, tent or parking lot sale shall be remitted
with the application.
(2)
Permits shall only be issued to the owner or lessee of an existing,
permanent retail establishment at which the sidewalk, tent or parking
lot sale is intended to be held.
(3)
Applications for a special permit shall be made to the Zoning
Officer and shall be signed by the applicant. The application shall
contain the following information:
(a)
Name, address, phone number and email address of person making
the application.
(b)
Copy of the Business Registration Certificate.
(c)
Name, address, phone number and email address of person owning
the premises, if other than the applicant, and notarized consent of
the owner of the premises to the sidewalk, tent or parking lot sale
application.
(d)
Dates and hours of sidewalk, tent or parking lot sale, including
start and end dates.
(e)
Name, address, phone number and email address of the tent company,
size of the tent to be used, and Flame Retardant Certification, when
applicable.
(f)
Sketch depicting proposed location of the tent on the property
including proof that the proposed tent installation shall comply with
all parking requirements established by the Planning Board and/or
Board of Adjustment. Should the plan not comply with established parking
requirements, applications shall be rejected. Applicants may thereafter
apply to the Planning Board and/or Board of Adjustment for a site
plan amendment.
(g)
Certificate of Insurance evidencing commercial general liability
insurance policy by an insurer licensed to do business in the State
of New Jersey and having an AM Best's rating of at least A- Class
VII. The insurance shall include the proper endorsements naming the
Township, its elected officials, officers, directors and employees
as additional insured with respect to the operation of the sale in
the following amounts:
|
Worker's Compensation & Employers Liability:
|
|
Worker's Compensation as required by statute.
|
|
Employers Liability with limits of:
|
|
$1,000,000 Each Accident
|
|
$1,000,000 Disease — Policy Limit
|
|
$1,000,000 - Each Employee
|
|
Sole proprietors, partners of a partnership, members of a limited
liability company must elect worker's compensation and employer's
coverage.
|
|
Business Automobile Policy
|
|
Insurance Service Form (ISO) — Form CA 0001 Edition 03
06
|
|
Liability Limit: $1,000,000 - Symbol 1 "Any Auto"
|
|
Umbrella/Excess Liability
|
|
Limits: $5,000,000.00
|
|
Coverage may be an umbrella form or "follow form excess" but
in no event shall coverage be more restrictive than underlying insurance
for: Commercial General Liability; Business Automobile Liability;
Employer's Liability
|
|
Commercial General Liability
|
|
Occurrence Form - Insurance Services Offices — (ISO) Form
CG0001 (Ed. 4/2013; 12/07; 12/04; 10/01) with the following limits:
|
|
$1,000,000 Each Occurrence
|
|
$1,000,000 Personal & Advertising Injury Limit
|
|
$2,000,000 General Aggregate
|
|
$2,000,000 Products-Completed Operations Aggregate
|
(4)
Upon submission of a complete application, the Zoning Officer
shall forward the application to the Wayne Police Department as to
traffic safety as it relates to the placement of any temporary structure
and to the Fire Official for compliance with the Uniform Fire Code.
(5)
If approved, applicants must enter into a Hold Harmless Agreement
with the Township indemnifying the Township, its elected officials,
officers, directors and employees from any and all claims, damages,
judgment costs or expenses, including attorney fees, which they or
any of them may incur or be required to pay because of any personal
injury, death, or any property damage suffered by any person(s) as
the result of or related in any way to the operation and maintenance
of the sidewalk, tent or parking lot sale for which the permit is
issued. Such agreement shall be in a form approved by the Township
Attorney or his/her designee.
(6)
The number of sidewalk, tent and/or parking lot sales permitted
at any one retail establishment shall be limited to two (2) per calendar
year.
(7)
The duration of each sidewalk, tent and/or parking lot sale
shall be limited to a maximum of thirty (30) days per calendar year.
The thirty day period shall be inclusive of any time for set up and
dismantling/removal of any temporary structures prior to the commencement
and at the end of any such sale.
(8)
In addition to any other penalties or remedies authorized by
the State of New Jersey, any person or establishment who violates
any provisions of this section shall be subject to a penalty of up
to $2,000 for each violation. The Zoning Officer may bring this action
in either the Municipal Court or Superior Court, as the summary proceeding
under the "Penalty Enforcement Law" of 1999 (N.J.S.A. 2A:58-10, et
seq.) and any penalty monies collected shall be paid to the Chief
Financial Officer of the Township.
[Amended 2-15-2012 by Ord. No. 6-2012; 8-19-2020 by Ord. No. 26-2020; 8-19-2020 by Ord. No. 31-2020; 3-3-2021 by Ord. No. 9-2021; 4-7-2021 by Ord. No. 11-2021]
The Township of Wayne is hereby divided into a number of zones
differentiated according to use, area and bulk requirements, to be
designated as follows:
Residential Very Low Density (R-45) 45,000 square-foot lot district
Residential Low Density (R-30) 30,000 square-foot lot district
Residential Medium Density (R-15) 15,000 square-foot lot district
Residential Medium Density (R-10) 10,000 square-foot lot district
Residential B Cluster (RBC)
Residential Cluster
Residential Leasehold (RL)
Garden Apartments (GA)
Planned Unit Development (PUD)
Senior Citizen Housing (SCH)
Open Space/Government Use (OS/GU)
Business (B)
Highway Commercial (HC)
Regional Retail (RR)
Office Building - Limited (OB-L)
Office Research (OR)
Industrial (I)
Wayne Transit Zone (WTZ-C and WTZ-R)
Affordable Housing Districts (AH)
Mount Laurel Incentive Districts (MLID)
Active Adult Dwelling District (AADD)
Mount Laurel Round Three District 1 (MLR3D-1)
Mount Laurel Round Three District 2 (MLR3D-2)
Mount Laurel Round Three District 3 (MLR3D-3)
Mount Laurel Round Three District 4 (MLR3D-4)
A.
Zoning Map adopted. The boundaries of said zones are established
on the Zoning Map, Township of Wayne, as prepared by the Wayne Township
Department of Engineering, dated August 10, 2010, which map is hereby
adopted and made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Township Offices.
B.
Zoning Map amendments.
(1)
Ordinance No. 23-2014 amends the Zoning Map at Block 3404, Lot
47, to change the zoning from R-15 to B-Business.
[Ord. No. 23-2014]
(2)
Ordinance No. 42-2014 amends the Zoning Map at Block 1602, Lot
11, to change the zoning from R-15 to HC-Highway Commercial.
[Ord. No. 42-2014]
(3)
Ordinance No. 21-2015 amends the Zoning Map at Block 103, Lot
31; Block 103, Lot 35; Block 103, Lot 36; Block 103, Lot 37; Block
103, Lot 38; Block 103, Lot 39; Block 206, Lot 1; and Block 207, Lot
1, from I-Industrial to HC-Highway Commercial.
[Ord. No. 21-2015]
(4)
Ordinance No. 4-2017 amends the Zoning Map to adjust the zoning
of the following parcel from having a partial strip in R-15 to laying
completely in the I Industrial District:
[Ord. No. 4-2017]
|
Block
|
Lot
|
|---|---|
|
501
|
20
|
(5)
Ordinance No. 34-2017 amends the Zoning Map to adjust the zoning
of the following parcel, commonly known as 1275 Ratzer Road, from
having a partial portion of I Industrial zoning to laying completely
in the R-15 Residential District:
[Ord. No. 34-2017]
|
Block
|
Lot
|
|---|---|
|
2804
|
53
|
(6)
Ordinance No. 27-2019 amends the Zoning Map at Block 1413, Lots
5, 6 and 7, to change the zoning from Industrial (I) zoning to Residential
Medium Density (R-15).
[Ord. No. 27-2019]
(7)
Ordinance No. 31-2020 amends the Zoning Map to create the Mount
Laurel Round Three District 1 (MLR3D-1), including Subdistricts A
and B, from the R-30 District: Block 3305, Lots 4 and 6. The Zoning
Designations Map dated July 15, 2020, is hereby approved and adopted
as the official finding and record of the location and areas of MLR3D-1
Subdistricts A and B.
[Added 8-19-2020 by Ord.
No. 31-2020]
(8)
Ordinance No. 26-2020 amends the Zoning Map to create the Mount
Laurel Round Three District 2 (MLR3D-2) from the Office Research (OR)
District: Block 2329, Lots 1 and 1QFARM (previously known as "Lot
17").
[Added 8-19-2020 by Ord.
No. 26-2020]
(9)
Ordinance No. 9 of 2021 amends the Zoning Map to create the Mount
Laurel Round Three District 4 (MLR3D-4) from the Office Research (OR)
District (Block 3103, Lots 16 and 19) and the Office Building –
Limited (OB-L) District (Block 3101, Lots 12 and 13).
[Added 3-3-2021 by Ord. No. 9-2021]
(10)
Ordinance No. 11 of 2021 amends the Zoning Map to create the Mount
Laurel Round Three District 3 (MLR3D-3) from the Business (“B”)
District: Block 3205, Lot 7.
[Added 4-7-2021 by Ord. No. 11-2021]
(11)
Ordinance No. 54 of 2022 amends the Zoning Map to change a portion
of Block 2329, Lots 1 and 1QFARM (previously known as "Lot 17") from
the MLR3D-2 to R-30 as shown on the drawing entitled "Zoning Figure"
prepared by Langan Engineering, dated September 23, 2022.
[Added 12-7-2022 by Ord. No. 54-2022]
(12)
Ordinance No. 33-2023 amends the Zoning Map with regard to the following
properties as indicated on the Tax Assessment Map currently located
within the Wayne Transit District-Residential to be rezoned to Open
Space/Governmental Use: Block 100, Lot 7; Block 402, Lot 2; Block
403, Lot 1; Block 404, Lot 1; Block 605, Lot 4; Block 605, Lot 5;
Block 605, Lot 6; Block 605, Lot 7.
[Added 8-16-2023 by Ord. No. 33-2023]
In determining the boundaries of zones shown on the map, the
following rules shall apply:
A.
Along transportation routes. Where zone boundaries are indicated
as approximately following the centerlines of streets, highways, waterways
or railroad rights-of-way or such lines extended, such centerlines
shall be construed to be such boundaries.
B.
District lines parallel to streets. Where zone boundaries are indicated
as running parallel to the centerlines or right-of-way lines of streets,
such zone boundaries shall be construed as being parallel thereto
and at such distances therefrom as indicated on the Zoning Map.
C.
Vacation of streets. Whenever any public street or other public way
is vacated by official action, the zone boundaries adjoining the side
of such public way shall be automatically extended to include the
right-of-way thus vacated. In general, where the vacated right-of-way
is bounded on either side by more than one zone, the former centerline
of such right-of-way shall determine the limits of each zone. The
land formerly within the vacated right-of-way shall thenceforth be
subject to all regulations of the extended zone or zones.
D.
Determination of doubtful lines. In cases of uncertainty or disagreement,
the location of zone boundary lines shall be determined by the Board
of Adjustment.
E.
Division of a lot in single ownership. Where a zoning district boundary
line divides a lot other than by following a stream or other clearly
marked natural or artificial features, the district boundary line
and the lot line shall be considered coterminous at the lot line if
the zone boundary line is within 20 feet of the lot line.
A.
All applications initiated by an applicant that propose changes in
the boundaries of the zoning districts shall originate with the Planning
Board, and the Planning Board shall conduct a public hearing on each
such application, the same as in the case of a hearing on a major
subdivision application. Within 45 days after application has been
filed, the Planning Board shall either deny the application and state
in writing the reasons therefor or recommend to the Township Council
that the application be approved and that an ordinance enabling the
change of zone be adopted.
B.
At least 10 days prior to the public hearing conducted by the Township
Council on any ordinance which proposes to change the boundaries of
the zone districts or to designate specific premises for park purposes,
the Township Clerk shall mail a copy of the ordinance to all owners
of the property which is the subject of the proposed zone change or
parcel designated for park purposes and to all property owners within
200 feet of such property. Such mailing shall be directed to the last
known post office addresses of such owners as shown by the most recent
tax lists of the Township. When the zoning change is initiated by
the applicant other than the Township, the applicant, instead of the
Township Clerk, shall be responsible for mailing a copy of the notice
to such property owners and shall deliver to the Township Clerk proof
of mailing in the form of an affidavit.
C.
All applicants shall deposit an amount as provided in Chapter 75, Fees, as a filing fee with their application.
D.
In the case of an unfavorable recommendation by the Planning Board,
such a change of zone shall not become effective except by a favorable
vote of the majority of the full authorized body of the Township Council
as provided in N.J.S.A. 40:55D-26.
All uses not expressly permitted in this article are prohibited,
including, but not limited to, the following:
A.
Carousels, roller coasters, merry-go-rounds, Ferris wheels, exhibitions
of wild animals and similar commercial amusements, unless a temporary
permit has been issued by the Township Council.
B.
Quarrying or mining of soil, soil aggregate, rock or minerals.
C.
Trucking terminals and truck stops.
D.
Junk yards.
E.
The dumping of garbage, trash, waste or scrap material of any kind,
except clean fill by permit from the Construction Official.
F.
Outdoor furnaces. Outdoor furnaces, also known as outdoor hydronic
heaters, or outdoor fired boilers, which are further defined as structures
or fuel burning devices designed to burn wood or other approved solid,
liquid or gaseous fuels in an outdoor installation which, heats building
space and/or water via the distribution, typically through pipes,
of a fluid heated in the device, typically water or a water/antifreeze
mixture including a wood or approved solid, liquid or gaseous fuel-fired
water-jacketed stove that provides heat and/or hot water to new or
existing stoves are hereby prohibited in all zones within the Township.
[Ord. No. 78-2009]
G.
Storage containers for use as accessory or principal structures.
[Ord. No. 20-2015 § 3]
H.
All classes (1 through 6) of cannabis establishment or cannabis distributors
or cannabis delivery services including cannabis cultivators, manufacturers,
wholesalers, retailers, cannabis testing facilities, medical cannabis
dispensaries, clinical registrant or cannabis retailer including any
alternative treatment centers deemed to hold a medical cannabis dispensary
permit pursuant to Section 7 of P.L.2009, c.307 (C.24:61-7) are expressly
prohibited within the Township of Wayne.
[Added by Ord. No. 46-2018; repealed and replaced 4-7-2021 by Ord. No. 16-2021]
Ingress and egress across or through a residential district
for the purpose of access to a nonresidential use or district shall
be prohibited.
The following uses are permitted in all zones in Wayne Township.
Agriculture, including farm markets and commercial farms, shall
be permitted in all zones, in accordance with the following requirements
and limitations:
A.
Any form of agriculture or horticulture except:
(1)
The keeping of hogs, unless as a part of a general farming operation
on property of 50 acres or more and provided that the number of hogs
shall not exceed 12, excluding the litters thereof until the litters
shall have attained the age of three months. In no event, however,
shall the hogs or the yard or building wherein they are kept be permitted
within 500 feet of any property line or within 200 feet of any dwelling
on the same property.
(2)
The keeping of chickens or other fowl, unless on property of
two acres or more and provided that for a number up to 25 they are
kept in a building or yard no part of which is closer than 20 feet
to a dwelling on the same plot nor less than 50 feet from either side
or rear property line and 200 feet from the front yard property line
and, that for a number in excess of 25, they are kept in a yard or
building not more than two stories high and no part of which building
or yard is closer than 50 feet to a dwelling on the same plot nor
within 200 feet of any property line. The restrictions contained in
this subsection shall not apply to the raising and breeding of homing
pigeons, since it is hereby determined that they are not fowl.
(3)
The keeping of other farm livestock of any kind and in any number
unless on a property of two acres or more and in a building no part
of which is closer than 20 feet to any dwelling on the same plot nor
within 200 feet of any property line.
(4)
Commercial greenhouses, unless on a property of two acres or
more and placed 200 feet from any property line.
(5)
Storage of any landscaping or earthmoving equipment and/or machines,
including, but not limited to, lawn cutting equipment, trucks, trailers,
tractors, leaf catchers, backhoes, etc., used for any purpose other
than those used exclusively to support the agricultural and horticultural
operations of the subject property.
[Added 10-20-2004 by Ord.
No. 67-2004]
(6)
The use of the premises as a contractor's and/or landscaper's
yard.
[Added 10-20-2004 by Ord.
No. 67-2004]
(7)
Storage of any item, such as and including, but not limited
to, mulch, fertilizer, topsoil or animal feed of any nature, other
than that which is solely used for and needed to support the agricultural
and horticultural activities performed on the subject property.
[Added 10-20-2004 by Ord.
No. 67-2004]
(8)
Any retail or wholesale sales of anything other than plants
or animals that are or have been raised and/or grown on the premises.
[Added 10-20-2004 by Ord.
No. 67-2004]
B.
The sale of farm products on properties where produced, provided
that stands built or erected for this purpose shall conform to the
Building Code Ordinance of the Township of Wayne and provided that
no such stand shall be placed closer to the center line of a street
than 75 feet or closer to a street line than 50 feet, whichever may
be greater.
C.
There shall be no extended day camp use. Day trips by other day camps
or schools shall be permitted.
[Amended 2-15-2012 by Ord. No. 6-2012]
Public and private elementary and secondary schools are permitted
in all zones, in accordance with the following requirements:
A.
Such use shall be subject to site plan review and approval.
B.
Lot area. Minimum lot area shall be 2 acres.
C.
Frontage. Minimum street frontage shall be 200 feet.
D.
Front yard. Minimum front yard depth shall be 100 feet.
E.
Side yards. Minimum side yard shall be 100 feet.
F.
Rear yard. Minimum rear yard depth shall be 100 feet.
G.
Height. 2 stories for classroom areas and 45 feet for specialty ancillary
areas such as gymnasiums and music wings.
H.
Impervious coverage. The impervious coverage shall not exceed 70% of the lot area. The remaining 30% shall be landscaped pursuant to § 134-85 of this chapter.
I.
Parking areas.
(1)
All parking areas and driveways shall be located at least 50
feet from a residential district property line, at least 50 feet from
any other property line or from a street and at least 10 feet from
a building.
(2)
No parking shall be permitted within the front yard. All parking
shall be located in the rear or side yards, at a minimum of 50 feet
from any property line, and shall be screened from view from adjacent
properties.
(3)
Parking lots shall be screened by a fence no higher than 6 feet
and/or landscaped buffer which shall be not less than 50 feet in width
when adjacent to a residence or residentially zoned property.
K.
Dormitories shall be prohibited except in the OS/GU district.
Public utility and service structures are permitted in all zones,
in accordance with the following requirements:
A.
Such uses shall be subject to site plan review and approval.
B.
The structure shall comply with the area and bulk requirements of
the zone in which it is located.
C.
All such facilities shall be screened either by fencing or landscaping,
as deemed appropriate by the Board, so as to minimize visual impact
upon the streetscape.
Any child care program approved by a local board of education
and operated by the board of education or by an approved sponsor in
a public school, before or after regular school hours, pursuant to
N.J.S. 18A:20-34, shall be deemed a permitted use in all residential
and nonresidential districts of a municipality and shall be exempt
from local zoning restrictions.
[Amended 6-19-2013 by Ord. No. 22-2013]
Public buildings, quasi-public buildings and YM-YWCA and YM-YWHA
facilities in accordance with the following requirements:
A.
Minimum lot area: 5 acres.
B.
Minimum lot width: 500 feet.
C.
Maximum building height: 2 stories or 35 feet, whichever is less.
D.
Maximum impervious coverage: 25%. The remaining 75% shall be landscaped pursuant to § 134-85 (Landscaping) of this chapter.
E.
Minimum front yard setback: 100 feet.
F.
Minimum side and rear yards: 100 feet.
G.
A minimum buffer strip of 100 feet shall be provided along all side and rear lot lines, pursuant to § 134-86 (Buffers).
H.
No public address system shall be permitted.
The following uses are permitted in all residential districts
in the Township.
Family day care homes are permitted in all residential zones,
in accordance with N.J.S.A. 40:55D-66.5b:
A.
Family day care homes shall be a permitted use in all residential
districts of a municipality. The requirements for family day care
homes shall be the same as for single family dwelling units located
within such residential districts. Any deed restriction that would
prohibit the use of a single family dwelling unit as a family day
care home shall not be enforceable unless that restriction is necessary
for the preservation of the health, safety, and welfare of the other
residents in the neighborhood. The burden of proof shall be on the
party seeking to enforce the deed restriction to demonstrate, on a
case-by-case basis, that the restriction is necessary for the preservation
of the health, safety and welfare of the residents in the neighborhood
who were meant to benefit from the restriction.
B.
In condominiums, cooperatives and horizontal property regimes that
represent themselves as being primarily for retirees or elderly persons,
or which impose a minimum age limit tending to attract persons who
are nearing retirement age, deed restrictions or bylaws may prohibit
family day care homes from being a permitted use.
C.
In condominiums, cooperatives and horizontal property regimes other than those permitted to prohibit family day care homes from being a permitted use under Subsection 134-30.1B of this section, deed restrictions or bylaws may prohibit family day care homes from being a permitted use; however, if such condominiums, cooperatives, or horizontal property regimes prohibit such use, the burden of proof shall be on the condominium association, cooperative association, or council of co-owners to demonstrate, on a case-by-case basis, that the prohibition is reasonably related to the health, safety, and welfare of the residents. The burden of proof also shall be on the condominium association, cooperative association, or council of co-owners to demonstrate, on a case-by-case basis, that any other restrictions imposed upon a family day care home, including but not limited to noise restrictions and restrictions on the use of interior common areas, are reasonably related to the health, safety and welfare of the residents.
Community residences for the developmentally disabled and community
shelters for victims of domestic violence are permitted in all residential
zones, in accordance with N.J.S.A. 40:55D-66.1 and 66.2.
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, community residences for persons with head injuries,
and adult family care homes for elderly persons and physically disabled
adults shall be a permitted use in all residential districts of a
municipality, and the requirements therefor shall be the same as for
single family dwelling units located within such districts.
Consolidation of properties, where at least one of the properties
is zoned OS/GU, for the purposes of enlarging properties (but not
subdividing) shall be permitted upon approval by the Township Council.
[Added 3-6-2013 by Ord.
No. 4-2013; amended by Ord. No.
47-2018]
Detached dwelling units may have up to, but no more than, two
(2) kitchens. For a second kitchen to exist in a detached dwelling
unit, the property owner shall have entered into deed restriction
agreement with the Township and have provided to the Planning Department
proof of having recorded in the Passaic County Clerk's Office said
agreement. The agreement shall state that the detached dwelling unit
shall be occupied and used as a single-family dwelling unit and structure;
and that the property owner shall not convert the dwelling for use
and occupancy as a semi-detached dwelling nor a multi-family or multiple-family
dwelling; and that the owner may offer for rent the entire detached
dwelling, but may not rent a portion of it. The agreement between
the applicant and the Township runs with the land and is binding upon
the parties of the agreement, their heirs, successors and assigns.
Said application is submitted to the Business Administrator for review
and approval.
[Added 12-20-2023 by Ord. No. 50-2023]
A.
Country
Clubs and Golf Courses are permitted in all residential zones.
B.
County
Clubs and Golf Courses shall conform to the following bulk requirements:
(1)
Minimum lot area: 50 acres.
(2)
Minimum lot width: 1,000 feet.
(3)
Maximum building height: 2 stories or 35 feet, whichever is less.
(4)
Maximum impervious coverage: 20%.
(5)
Principal and Accessory Structure Setbacks: 100 feet.
(7)
Parking setbacks: 50 feet.
(8)
No public address system shall be permitted.
The following use is permitted in all nonresidential zones in
the Township:
Child care centers are permitted in all nonresidential zones,
in accordance with N.J.S.A. 40:55D-66.6 and N.J.S.A. 40:55D-66.7:
A.
Child care centers for which, upon completion, a license is required
from the Department of Human Services pursuant to P.L.1983, c.492
(C.30:5B-1 et seq.), shall be a permitted use in all nonresidential
districts of a municipality. The floor area occupied in any building
or structure as a child care center shall be excluded in calculating:
(1) any parking requirement otherwise applicable to that number of
units or amount of floor space, as appropriate, under State or local
laws or regulations adopted thereunder; and (2) the permitted density
allowable for that building or structure under any applicable municipal
zoning ordinance.
B.
In considering an application for development approval for a nonresidential
development that is to include a child care center that is located
on the business premises, is owned or operated by employers or landlords
for the benefit of their employees, their tenants' employees, or employees
in the area surrounding the development, and is required to be licensed
by the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1
et seq.), an approving authority may exclude the floor area to be
occupied in any building or structure by the child care center in
calculating the density of that building or structure for the purposes
of determining whether or not the density is allowable under any applicable
municipal zoning ordinance.
[Ord. No. 20-2015 § 4]
A.
The
following number of parking spaces shall be provided for the non-residential
uses specified per gross floor area, unless otherwise indicated at
a maximum of the combination of uses. Residential parking standards
shall be governed by the Residential Site Improvement Standards (RSIS)
N.J.A.C. 5:21.
|
Land or Building Use
|
Minimum Standards
(number of spaces)*
|
|---|---|
|
Animal hospital
|
6 per examination room or doctor, whichever is greater
|
|
Assembly hall, auditorium, stadium, theater, or other places
of public assemblage
[Amended 2-15-2012 by Ord. No. 6-2012] |
1 for each 4 fixed seats and/or, where capacity cannot be determined
by the number of fixed seats, 1 for each 40 square feet of floor area
available for patron use
|
|
Assembly and finishing operations
|
1 for each 800 square feet of gross floor area
|
|
Automobile service station and automotive repair centers
[Amended 10-17-2012 by Ord. No. 48-2012] |
3 per service bay, grease rack or similar unit of service capability,
plus 1 for each 2 employees during the period of greatest employment,
provided that the total number of spaces shall be not less than 6
but no greater than 12 spaces
|
|
Auto sales
|
1 for every 300 square feet of show room area and sales office
|
|
Bar
|
1 for every 2 seats
|
|
Bowling alley
|
4 per alley
|
|
Car washes
|
10 spaces per entrance lane plus 4 spaces for each exit lane
plus 1 space for each employee
|
|
Financial institutions
|
1 for each 250 square feet of building floor area
|
|
Garden centers
|
1 per 200 square feet of sales floor area, whether indoor or
outdoor
|
|
Golf course
|
4 per member based upon maximum anticipated membership and 50%
of the requirement for any other associated uses, including restaurants
|
|
Hospital
|
1.5 per bed
|
|
Hospitality
|
1 for each room or suite, plus 1 for each employee on major
shift
|
|
Industrial
|
1 per 800 square feet of gross floor area
|
|
Library
|
1 per 300 square feet of gross floor area
|
|
Lumber yard
|
1 per 5000 square feet of gross yard area
|
|
Manufacturing
|
1 per 800 square feet of gross floor area
|
|
Medical or dental clinic/office
|
1 for each 150 square feet of building floor area
|
|
Museum
|
1 per 600 square feet of gross floor area
|
|
Nursing homes
[Ord. No. 20-2015 § 4] |
0.5/bed
|
|
Offices, business and professional, other than medical
|
1 for each 250 square feet of gross floor area
|
|
Private kindergarten or institutional home
|
1 for each 600 square feet of gross floor area
|
|
Public buildings
|
1 for each 200 square feet of gross floor area
|
|
Research
|
1 per 300 square feet of gross floor area
|
|
Restaurant
|
The greater of 1 for each 2.5 seats or 1 for each 30 square
feet of floor area devoted to patron drinking and dining use
|
|
Recreation centers, clubs and service organizations
|
1 for each 500 square feet of gross floor area, plus 1 for each
2 full-time employees
|
|
Retail business and personal service businesses
[Ord. No. 39-2014 § 2] |
1 for each 200 square feet of gross floor area and except as
below (see "Shopping center of 10 stores or more with a gross floor
area of 150,000 square feet or more.")
|
|
Schools:
| |
|
Elementary and Intermediate
|
2 per classroom, but not less than 1 per each teacher and each
staff person
|
|
Secondary
|
2.5 per classroom, but not less than 1 per each teacher and
each staff person
|
|
Self-service laundry
|
1 for each 200 square feet of gross floor area
|
|
Self-storage facilities
[Amended 2-15-2012 by Ord. No. 6-2012] |
1 for each employee and 1 for each 10 rental storage units
|
|
Shopping center of 10 stores or more with a gross floor area
of 150,000 square feet or more
|
1 for each 250 square feet of gross floor area
|
|
Studios for performing arts, martial arts and similar instruction
|
1 for each 200 square feet of floor area devoted to instruction
|
|
Swimming clubs
|
1 for each 2 full-time employees, plus 1 for every 3 separate
memberships
|
|
Theaters
[Repealed 10-17-2012 by Ord. No. 48-2012] | |
|
Undertakers, mortuary or funeral home
|
1 for each 60 square feet of gross floor area available for
seating accommodations, plus 1 for each person employed on the premises
|
|
Wholesale storage and warehouse
|
1 per 5,000 square feet of gross floor area
|
|
Mixed uses
|
If 2 or more uses are conducted on 1 lot, the minimum required
number of parking spaces shall be the aggregate of the required minimum
number of parking spaces for each use, computed separately
|
|
Uses not specified
|
As determined by the Board on the basis of the number of persons
to be employed or reside in or visit said building and the anticipated
use by residents, visitors, or patrons of transportation modes other
than private automobiles
|
|
Note:
*excluding accessory parking garages
| |
B.
Parking
Standards for EVSE and Make-Ready Parking Spaces.
[Added 9-21-2022 by Ord. No. 41-2022]
(1)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
(2)
Minimum EVSE and Make-Ready required at time of Preliminary Site Plan Approval as required in Chapter 74, Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Parking Spaces:
(a)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
[1]
Prepare as Make-Ready parking spaces at least 15
percent of the required off-street parking spaces, and install EVSE
in at least one-third of the 15% of Make-Ready parking spaces;
[2]
Within three years following the date of the issuance
of the certificate of occupancy, install EVSE in an additional one-third
of the original 15% of Make-Ready parking spaces; and
[3]
Within six years following the date of the issuance
of the certificate of occupancy, install EVSE in the final one-third
of the original 15% of Make-Ready parking spaces.
[4]
Throughout the installation of EVSE in the Make-Ready
parking spaces, at least 5% of the electric vehicle supply equipment
shall be accessible for people with disabilities.
[5]
Nothing in this subsection shall be construed to
restrict the ability to install electric vehicle supply equipment
or Make-Ready parking spaces at a faster or more expansive rate than
as required above.
(b)
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph (1) above
shall:
[1]
Install at least one Make-Ready parking space if
there will be 50 or fewer off-street parking spaces.
[2]
Install at least two Make-Ready parking spaces
if there will be 51 to 75 off-street parking spaces.
[3]
Install at least three Make-Ready parking spaces
if there will be 76 to 100 off-street parking spaces.
[4]
Install at least four Make-Ready parking spaces,
at least one of which shall be accessible for people with disabilities,
if there will be 101 to 150 off-street parking spaces.
[5]
Install at least 4% of the total parking spaces
as Make-Ready parking spaces, at least 5% of which shall be accessible
for people with disabilities, if there will be more than 150 off-street
parking spaces.
[6]
In lieu of installing Make-Ready parking spaces,
a parking lot or garage may install EVSE to satisfy the requirements
of this subsection.
(3)
Minimum Parking Requirements per Chapter 74, Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Parking Spaces.
(a)
All parking spaces with EVSE and Make-Ready equipment shall
be included in the calculation of minimum required parking spaces
of this section.
(b)
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(c)
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
In addition to those uses listed in § 134-29 and § 134-30, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Detached dwellings, provided there is no more than one dwelling unit
per lot.
[Amended 6-19-2013 by Ord. No. 22-2013]
B.
Municipal uses.
C.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
D.
Home occupations or professions.
[Amended 10-17-2012 by Ord. No. 48-2012]
(1)
The office of an accountant, architect, dentist, engineer, insurance
broker, lawyer, physician, planner, real estate agent, computer professional,
marketing agent, public relations professional, literary agent, author
or other similar type professions.
(2)
An artist's studio, a craft-person's shop, a tailor/seamstress/dressmaker's
shop, a baker's shop, or similar artisans' shops or studios where
such products are made on premises. Instruction for these occupations
is permitted for a maximum of one student at a time. Sale of the products
is permitted provided that the sale of the products is not open to
the general public and does not occur at the residence.
(3)
Musical instrument or voice instructors. Instruction for these
occupations is permitted for a maximum of one student at a time.
(4)
The administrative office of a tradesman whose field of activity
is entirely away from the dwelling unit.
(5)
The marketing and sales of home good products provided that
retail sales is not open to the general public.
(6)
Location and size. The office or studio shall be located in
the basement or on the first or street level floor of the dwelling
and the area thereof shall be limited to not more than 50% of the
first floor area. Storage of related materials or products for sale
incidental to permitted home occupation is permitted but shall be
included within the 50% floor area limitation and location restrictions
provided for herein.
(7)
The home occupation or profession shall be carried on wholly
within the principal dwelling unit.
(8)
The home occupation or profession shall employ not more than
three persons, one of whom may be a person who does not reside at
the subject dwelling unit.
(9)
Permitted sign. One customary professional or announcement sign,
as follows:
(a)
Maximum size of two square feet in area, if attached to the
main wall of the dwelling. Said sign shall not be illuminated, by
internal or external source; or
(b)
Maximum size of one square foot in area if mounted on a post,
provided that such post is set back from the front property line five
or more feet.
(c)
No portion of the sign shall have an electronic message center
or a changeable copy sign.
[Amended 2-15-2012 by Ord. No. 6-2012]
(10)
The home occupation or profession may have off-street parking
on the premises for customer or client use, provided there are no
more than two such spaces.
(11)
Prohibited uses and activities associated with the home occupation
or profession.
(a)
Exterior display or exterior storage of materials or commercial
vehicles.
(b)
Exterior indication of the home occupation or profession other
than the parking and sign permitted by this section.
(c)
Visible variation from the residential character of the principal
building resulting from the home occupation use.
(d)
Offensive noise, vibration, smoke, dust, odors, heat or glare.
(e)
Home occupation or profession shall not include or be deemed
to include the office of a person professionally engaged in the purchase,
manufacture or sale of goods kept or displayed on the premises; tearooms;
tourist lodges; boarding- or lodging-houses; beauty parlors; barbershops;
nail salons; restaurants; commercial stables and kennels; veterinarian
offices; convalescent homes; mortuary establishments; the assembly
of or meeting place for employees of one or more persons; stores;
trades or hobby shops; or businesses of any kind not herein excepted.
Notwithstanding anything to the contrary in this chapter, the home
professional office of a physician shall not include a biological
or other medical testing laboratory.
E.
Any senior citizen who is the owner of a single-family dwelling,
which is his primary residence, may rent or lease a room or rooms
within that building together with general use associated with that
dwelling to one person. For purposes of this paragraph, a "senior
citizen" is any person who has attained the age of 62 years on the
effective date of this paragraph or the spouse of that person, or
surviving spouse of that person, if the surviving spouse is 55 years
of age or older.
[Added 2-15-2012 by Ord.
No. 6-2012]
[Amended 6-19-2013 by Ord. No. 22-2013]
A.
Minimum lot area: 45,000 square feet.
B.
Minimum lot width: 150 feet.
C.
Minimum lot depth: 200 feet.
D.
Setback standards for principal structure:
[Amended 6-19-2013 by Ord. No. 22-2013]
(1)
Minimum front yard setback (exclusive of an open porch, landings,
steps, overhanging eaves, cornices, chimneys, bay windows) for lots
with frontage on one or more Passaic County road: 75 feet.
(2)
Minimum front yard setback (exclusive of an open porch, landings,
steps, overhanging eaves, cornices, chimneys, bay windows) with respect
to the frontage on roads other than those owned by Passaic County:
(a)
For interior lots that are not adjacent to a corner lot:
[1]
No structure or part of a structure shall extend
nearer to a street line than the average front yard setback of 200
feet, as average front yard setback is defined, herein.
[2]
When no average front yard setback is possible
because there are no structures within 200 feet, the front yard setback
shall be 65 feet.
(b)
For corner lots:
[1]
The prevailing front yard setback, as prevailing
front yard setback is defined herein, shall apply.
[2]
When there is no prevailing front yard setback
because there is no principal structure on the adjacent lot facing
the same street, the front yard setback shall be 65 feet.
[3]
The secondary front yard setback, as secondary
front yard setback is defined herein, shall apply.
[4]
In the case of a corner lot where the side street
does not include interior lots and where the side façades of
both the subject principal structure and its adjacent corner lot face
said side street, no structure or part of a structure shall be closer
than 50 feet to the side street.
(c)
For interior lots that are adjacent to corner lots:
(3)
Minimum rear yard (exclusive of landings, steps, overhanging
eaves, cornices, chimneys, bay windows): 60 feet.
(4)
Minimum side yards (exclusive of an open porch, landings, steps,
overhanging eaves, cornices, chimneys, bay windows):
(a)
There shall be 2 side yards with a total width of not less than
30% of the width of the lot at the front street setback line.
(b)
The width of the narrower side yard shall not be less than 10%
of the width of the lot at the front street setback line or 15 feet,
whichever is greater.
(c)
In the case of a corner lot, the side yard setback of the principal
structure falling within that portion of the side yard that is between,
1) lines drawn to extend the side walls of the principal structure
(extending to the side property line facing the rear wall of the principal
structure) and 2) the side property line that is parallel to, and
the length of, the rear of the principal structure, shall not be less
than 25 feet.
(5)
Where there is a proposed widening of the right-of-way of any
street as shown on the Master Plan of the Township of Wayne, the front
yard setback requirement shall be measured from the proposed right-of-way
line as shown on said Master Plan rather than from the existing front
street line.
(6)
Building setbacks may be increased by the Planning Board incidental
to plat map approval.
(7)
No temporary structure as defined by this chapter may be placed
within the required front yard. Nothing contained herein shall prohibit
the placement of a temporary trailer in the front yard for use as
a temporary dwelling while the primary residence is reconstructed
due to substantial damage resulting from a fire and/or natural disaster.
E.
Setbacks and height for accessory structures, except fences:
[Ord. No. 20-2015 § 5]
(1)
Side yard: 25 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(2)
Rear yard: 25 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(3)
Height: 15 feet maximum to the top of the ridge of a pitched
roof, measured from the finished floor, or 12 feet to the top of a
flat roof measured from the finished floor.
F.
Maximum building height: 35 feet and 2 1/2 stories as measured
from the average finished grade. The measurement shall be taken at
the centerline of the length of the building on all 4 sides.
G.
Maximum floor area ratio (FAR):
(1)
For standard lots: 0.22.
(2)
For substandard lots:
(a)
For lots less than 45,000 but greater than 10,000 square feet,
the applicable FAR shall be 0.26.
(b)
For lots 10,000 square feet the applicable FAR shall be 0.28.
(c)
For lots less than 10,000 square feet but greater than 7,500
square feet the applicable FAR shall be 0.29.
(d)
For lots less than or equal to 7,500 square feet but greater
than 6,500 square feet the applicable FAR shall be 0.31.
(e)
For lots 6,500 square feet or less the applicable FAR shall
be 0.33.
H.
Maximum impervious coverage: 40%
[Amended 6-19-2013 by Ord. No. 22-2013]
I.
Impervious coverage area within the required front yard shall not
exceed 35% of the total front yard area. For lots with more than one
front yard, the total front yard areas shall not be combined for the
purposes of calculating this provision.
J.
In conjunction with Section 134-61.2, paragraph A of this ordinance, the reconstruction of any nonconforming structure shall be permitted without the need for lot width, lot depth or lot area variance relief, provided that all other applicable bulk criteria and floor area ratio criteria are otherwise met.
[Added 2-15-2012 by Ord.
No. 6-2012; Amended 6-19-2013 by Ord. No. 22-2013]
In addition to those uses listed in § 134-29 and 134-30, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Detached dwellings, provided there is not more than one dwelling
unit per lot.
[Amended 6-19-2013 by Ord. No. 22-2013]
B.
Municipal uses.
C.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
D.
Home occupations or professions.
[Amended 10-17-2012 by Ord. No. 48-2012]
(1)
The office of an accountant, architect, dentist, engineer, insurance
broker, lawyer, physician, planner, real estate agent, computer professional,
marketing agent, public relations professional, literary agent, author
or other similar type professions;
(2)
An artist's studio, a craft-person's shop, a tailor/seamstress/dressmaker's
shop, a baker's shop, or similar artisans' shops or studios where
such products are made on premises. Instruction for these occupations
is permitted for a maximum of one student at a time. Sale of the products
is permitted provided that the sale of the products is not open to
the general public and does not occur at the residence.
(3)
Musical instrument or voice instructors. Instruction for these
occupations is permitted for a maximum of one student at a time;
(4)
The administrative office of a tradesman whose field of activity
is entirely away from the dwelling unit;
(5)
The marketing and sales of home good products provided that
retail sales is not open to the general public.
(6)
Location and size. The office or studio shall be located in
the basement or on the first or street level floor of the dwelling
and the area thereof shall be limited to not more than 50% of the
first floor area. Storage of related materials or products for sale
incidental to permitted home occupation is permitted but shall be
included within the 50% floor area limitation and location restrictions
provided for herein.
(7)
The home occupation or profession shall be carried on wholly
within the principal dwelling unit.
(8)
The home occupation or profession shall employ not more than
three persons, one of whom may be a person who does not reside at
the subject dwelling unit.
(9)
Permitted sign. One customary professional or announcement sign,
as follows:
(a)
Maximum size of 2 square feet in area, if attached to the main
wall of the dwelling. Said sign shall not be illuminated by internal
or external source; or
(b)
Maximum size of 1 square foot in area if mounted on a post,
provided that such post is set back from the front property line 5
or more feet.
(c)
No portion of the sign shall have an electronic message center
or a changeable copy sign.
[Amended 2-15-2012 by Ord. No. 6-2012]
(10)
The home occupation or profession may have off-street parking
on the premises for customer or client use, provided there are no
more than two such spaces.
(11)
Prohibited uses and activities associated with the home occupation
or profession.
(a)
Exterior display or exterior storage of materials or commercial
vehicles.
(b)
Exterior indication of the home occupation or profession other
than the parking and sign permitted by this section.
(c)
Visible variation from the residential character of the principal
building resulting from the home occupation use.
(d)
Offensive noise, vibration, smoke, dust, odors, heat or glare.
(e)
Home occupation or profession shall not include or be deemed
to include the office of a person professionally engaged in the purchase,
manufacture or sale of goods kept or displayed on the premises; tearooms;
tourist lodges; boarding- or lodging-houses; beauty parlors; barbershops;
nails salons; restaurants; commercial stables and kennels; veterinarian
offices; convalescent homes; mortuary establishments; the assembly
of or meeting place for employees of one or more persons; stores;
trades or hobby shops; or businesses of any kind not herein excepted.
Notwithstanding anything to the contrary in this chapter, the home
professional office of a physician shall not include a biological
or other medical testing laboratory.
E.
Any senior citizen who is the owner of a single-family dwelling,
which is his primary residence, may rent or lease a room or rooms
within that building together with general use associated with that
dwelling to one person. For purposes of this paragraph, a "senior
citizen" is any person who has attained the age of 62 years on the
effective date of this paragraph or the spouse of that person, or
surviving spouse of that person, if the surviving spouse is 55 years
of age or older.
[Added 2-15-2012 by Ord.
No. 6-2012]
[Amended 6-19-2013 by Ord. No. 22-2013]
A.
Minimum lot area: 30,000 square feet.
B.
Minimum lot width: 150 feet.
C.
Minimum lot depth: 200 feet.
D.
Setback standards for principal structure:
[Amended 6-19-2013 by Ord. No. 22-2013]
(1)
Minimum front yard setback (exclusive of an open porch, landings,
steps, overhanging eaves, cornices, chimneys, bay windows) for lots
with frontage on one or more Passaic County road: 75 feet.
(2)
Minimum front yard setback (exclusive of an open porch, landings,
steps, overhanging eaves, cornices, chimneys, bay windows) with respect
to the frontage on roads other than those owned by Passaic County:
(a)
For interior lots that are not adjacent to a corner lot:
[1]
No structure or part of a structure shall extend
nearer to a street line than the average front yard setback of 200
feet, as average front yard setback is defined, herein.
[2]
When no average front yard setback is possible
because there are no structures within 200 feet, the front yard setback
shall be 65 feet.
(b)
For corner lots:
[1]
The prevailing front yard setback, as prevailing
front yard setback is defined herein, shall apply.
[2]
When there is no prevailing front yard setback
because there is no principal structure on the adjacent lot facing
the same street, the front yard setback shall be 65 feet.
[3]
The secondary front yard setback, as secondary
front yard setback is defined herein, shall apply.
[4]
In the case of a corner lot where the side street
does not include interior lots and where the side façades of
both the subject principal structure and its adjacent corner lot face
said side street, no structure or part of a structure shall be closer
than 50 feet to the side street.
(c)
For interior lots that are adjacent to corner lots:
(3)
Minimum rear yard (exclusive of landings, steps, overhanging
eaves, cornices, chimneys, bay windows): 60 feet.
(4)
Minimum side yards (exclusive of an open porch, landings, steps,
overhanging eaves, cornices, chimneys, bay windows):
(a)
There shall be 2 side yards with a total width of not less than
30% of the width of the lot at the front street setback line.
(b)
The width of the narrower side yard shall not be less than 10%
of the width of the lot at the front street setback line or 15 feet,
whichever is greater.
(c)
In the case of a corner lot, the side yard setback of the principal
structure falling within that portion of the side yard that is between,
1) lines drawn to extend the side walls of the principal structure
(extending to the side property line facing the rear wall of the principal
structure) and 2) the side property line that is parallel to, and
the length of, the rear of the principal structure, shall not be less
than 25 feet.
(5)
Where there is a proposed widening of the right-of-way of any
street as shown on the Master Plan of the Township of Wayne, the front
yard setback requirement shall be measured from the proposed right-of-way
line as shown on said Master Plan rather than from the existing front
street line.
(6)
Building setbacks may be increased by the Planning Board incidental
to plat map approval.
(7)
No temporary structure as defined by this chapter may be placed
within the required front yard. Nothing contained herein shall prohibit
the placement of a temporary trailer in the front yard for use as
a temporary dwelling while the primary residence is reconstructed
due to substantial damage resulting from a fire and/or natural disaster.
E.
Setbacks and height for accessory structures, except fences:
[Ord. No. 20-2015 § 6]
(1)
Side yard: 15 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(2)
Rear yard: 15 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(3)
Height: 15 feet maximum to the top of the ridge of a pitched
roof, measured from the finished floor, or 12 feet to the top of a
flat roof measured from the finished floor.
F.
Maximum building height: 35 feet and 2 1/2 stories as measured
from the average finished grade. The measurement shall be taken at
the centerline of the length of the building on all 4 sides.
G.
Maximum floor area ratio (FAR)
(1)
For standard lots: 0.24
(2)
For substandard lots:
(a)
For lots less than 30,000 but greater than 10,000 square feet,
the applicable FAR shall be 0.26.
(b)
For lots 10,000 square feet the applicable FAR shall be 0.28.
(c)
For lots less than 10,000 square feet but greater than 7,500
square feet the applicable FAR shall be 0.29.
(d)
For lots less than or equal to 7,500 square feet but greater
than 6,500 square feet the applicable FAR shall be 0.31.
(e)
For lots 6,500 square feet or less the applicable FAR shall
be 0.33.
H.
Maximum impervious coverage: 40%
[Amended 6-19-2013 by Ord. No. 22-2013]
I.
Impervious coverage area within the required front yard shall not
exceed 35% of the total front yard area. For lots with more than one
front yard, the total front yard areas shall not be combined for the
purposes of calculating this provision.
J.
In conjunction with Section 134-61.2, paragraph A of this ordinance, the reconstruction of any nonconforming structure shall be permitted without the need for lot width, lot depth or lot area variance relief, provided that all other applicable bulk criteria and floor area ratio criteria are otherwise met.
[Amended 6-19-2013 by Ord. No. 22-2013]
In addition to those uses listed in § 134-29 and § 134-30, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Detached dwellings, provided there is no more than one (1) dwelling
unit per lot.
[Amended 6-19-2013 by Ord. No. 22-2013]
B.
Municipal uses.
C.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
D.
Home occupations or professions.
[Amended 10-17-2012 by Ord. No. 48-2012]
(1)
The office of an accountant, architect, dentist, engineer, insurance
broker, lawyer, physician, planner, real estate agent, computer professional,
marketing agent, public relations professional, literary agent, author
or other similar type professions;
(2)
An artist's studio, a craft-person's shop, a tailor/seamstress/dressmaker's
shop, a baker's shop, or similar artisans' shops or studios where
such products are made on premises. Instruction for these occupations
is permitted for a maximum of one student at a time. Sale of the products
is permitted provided that the sale of the products is not open to
the general public and does not occur at the residence.
(3)
Musical instrument or voice instructors. Instruction for these
occupations is permitted for a maximum of one student at a time;
(4)
The administrative office of a tradesman whose field of activity
is entirely away from the dwelling unit;
(5)
The marketing and sales of home good products provided that
retail sales is not open to the general public.
(6)
Location and size. The office or studio shall be located in
the basement or on the first or street level floor of the dwelling
and the area thereof shall be limited to not more than 50% of the
first floor area. Storage of related materials or products for sale
incidental to permitted home occupation is permitted but shall be
included within the 50% floor area limitation and location restrictions
provided for herein.
(7)
The home occupation or profession shall be carried on wholly
within the principal dwelling unit.
(8)
The home occupation or profession shall employ not more than
three persons, one of whom may be a person who does not reside at
the subject dwelling unit.
(9)
Permitted sign. One customary professional or announcement sign,
as follows:
(a)
Maximum size of 2 square feet in area, if attached to the main
wall of the dwelling. Said sign shall not be illuminated by internal
or external source; or
(b)
Maximum size of 1 square foot in area if mounted on a post,
provided that such post is set back from the front property line 5
or more feet.
(c)
No portion of the sign shall have an electronic message center
or a changeable copy sign.
[Amended 2-15-2012 by Ord. No. 6-2012]
(10)
The home occupation or profession may have off-street parking
on the premises for customer or client use, provided there are no
more than two such spaces.
(11)
Prohibited uses and activities associated with the home occupation
or profession.
(a)
Exterior display or exterior storage of materials or commercial
vehicles.
(b)
Exterior indication of the home occupation or profession other
than the parking and sign permitted by this section.
(c)
Visible variation from the residential character of the principal
building resulting from the home occupation use.
(d)
Offensive noise, vibration, smoke, dust, odors, heat or glare.
(e)
Home occupation or profession shall not include or be deemed
to include the office of a person professionally engaged in the purchase,
manufacture or sale of goods kept or displayed on the premises; tearooms;
tourist lodges; boarding- or lodging-houses; beauty parlors; barbershops;
nails salons; restaurants; commercial stables and kennels; veterinarian
offices; convalescent homes; mortuary establishments; the assembly
of or meeting place for employees of one or more persons; stores;
trades or hobby shops; or businesses of any kind not herein excepted.
Notwithstanding anything to the contrary in this chapter, the home
professional office of a physician shall not include a biological
or other medical testing laboratory.
E.
Any senior citizen who is the owner of a single-family dwelling,
which is his primary residence, may rent or lease a room or rooms
within that building together with general use associated with that
dwelling to one person. For purposes of this paragraph, a "senior
citizen" is any person who has attained the age of 62 years on the
effective date of this paragraph or the spouse of that person, or
surviving spouse of that person, if the surviving spouse is 55 years
of age or older.
[Added 2-15-2012 by Ord.
No. 6-2012]
[Amended 6-19-2013 by Ord. No. 22-2013]
A.
Minimum lot area: 15,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 100 feet.
D.
Setback standards for principal structure:
[Amended 6-19-2013 by Ord. No. 22-2013]
(1)
Minimum front yard setback (exclusive of an open porch, landings,
steps, overhanging eaves, cornices, chimneys, bay windows) for lots
with frontage on one or more Passaic County road: 50 feet.
(2)
Front yard setback (exclusive of an open porch, landings, steps,
overhanging eaves, cornices, chimneys, bay windows) with respect to
the frontage on roads other than those owned by Passaic County:
(a)
For interior lots that are not adjacent to a corner lot:
[1]
No structure or part of a structure shall extend
nearer to a front street line than the average front yard setback
of 100 feet, as average front yard setback is defined, herein.
[2]
When no average front yard setback is possible
because there are no structures within 100 feet, the front yard setback
shall be 40 feet.
(b)
For corner lots:
[1]
The prevailing front yard setback, as prevailing
front yard setback is defined herein, shall apply.
[2]
When there is no prevailing front yard setback
because there is no principal structure on the adjacent lot facing
the same street, the front yard setback shall be 40 feet.
[3]
The secondary front yard setback, as secondary
front yard setback is defined herein, shall apply.
[4]
In the case of a corner lot where the side street
does not include interior lots and where the side façades of
both the subject principal structure and its adjacent corner lot face
said side street, no structure or part of a structure shall be closer
than 25 feet to the side street.
(c)
For interior lots that are adjacent to corner lots:
(3)
Minimum rear yard (exclusive of landings, steps, overhanging
eaves, cornices, chimneys, bay windows): 50 feet, except that in the
case of a lot with a depth of less than 150 feet, the minimum 50-foot
rear yard may be reduced one foot for each foot of lot depth below
150 feet, but in no case shall any rear yard setback be less than
35 feet.
(4)
Minimum side yards (exclusive of an open porch, landings, steps,
overhanging eaves, cornices, chimneys, bay windows):
(a)
There shall be 2 side yards with a total width of not less than
25% of the lot width at the front street setback line.
(b)
The width of the narrower side yard shall not be less than 10%
of the width of the lot at the front street setback line or 10 feet,
whichever is greater.
(c)
In the case of a corner lot, the side yard setback of the principal
structure falling within that portion of the side yard that is between,
1) lines drawn to extend the side walls of the principal structure
(extending to the side property line facing the rear wall of the principal
structure) and 2) the side property line that is parallel to, and
the length of, the rear of the principal structure, shall not be less
than 20 feet.
(5)
Where there is a proposed widening of the right-of-way of any
street as shown on the Master Plan of the Township of Wayne, the front
yard setback requirement shall be measured from the proposed right-of-way
line as shown on said Master Plan rather than from the existing front
street line.
(6)
Building setbacks may be increased by the Planning Board incidental
to plat map approval.
(7)
No temporary structure as defined by this chapter may be placed
within the required front yard. Nothing contained herein shall prohibit
the placement of a temporary trailer in the front yard for use as
a temporary dwelling while the primary residence is reconstructed
due to substantial damage resulting from a fire and/or natural disaster.
E.
Setbacks and height for accessory structures, except fences:
[Ord. No. 20-2015 § 7]
(1)
Side yard: 10 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(2)
Rear yard: 10 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(3)
Height: 15 feet maximum to the top of the ridge of a pitched
roof, measured from the finished floor, or 12 feet to the top of a
flat roof measured from the finished floor.
F.
Maximum building height: 35 feet and 2 1/2 stories as measured
from the average finished grade. The measurement shall be taken at
the centerline of the length of the building on all 4 sides. A dwelling
may have 3 stories, but shall not exceed 35 feet in height, when the
elevation is required to satisfy flood plain regulations of any governmental
agency.
[Amended 6-19-2013 by Ord. No. 22-2013]
G.
Maximum floor area ratio (FAR)
(1)
For standard lots: 0.25
(2)
For substandard lots:
(a)
For lots less than 15,000 but greater than 10,000 square feet,
the applicable FAR shall be 0.26.
(b)
For lots 10,000 square feet the applicable FAR shall be 0.28.
(c)
For lots less than 10,000 square feet but greater than 7,500
square feet the applicable FAR shall be 0.29.
(d)
For lots less than or equal to 7,500 square feet but greater
than 6,500 square feet the applicable FAR shall be 0.31.
(e)
For lots 6,500 square feet or less the applicable FAR shall
be 0.33.
H.
Maximum impervious coverage: 40%
[Amended 6-19-2013 by Ord. No. 22-2013]
I.
Impervious coverage area within the required front yard shall not
exceed 35% of the total front yard area. For lots with more than one
front yard, the total front yard areas shall not be combined for the
purposes of calculating this provision.
J.
In conjunction with Section 134-61.2, paragraph A of this ordinance, the reconstruction of any nonconforming structure shall be permitted without the need for lot width, lot depth, or lot area variance relief, provided that all other applicable bulk criteria and floor area ratio criteria are otherwise met.
[Added 2-15-2012 by Ord.
No. 6-2012; amended 6-19-2013 by Ord. No. 22-2013]
In addition to those uses listed in § 134-29 and § 134-30, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Detached dwellings, provided there is no more than one (1) dwelling
unit per lot.
[Amended 6-19-2013 by Ord. No. 22-2013]
B.
Municipal uses.
C.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
D.
Home occupations or professions.
[Amended 10-17-2012 by Ord. No. 48-2012]
(1)
The office of an accountant, architect, dentist, engineer, insurance
broker, lawyer, physician, planner, real estate agent, computer professional,
marketing agent, public relations professional, literary agent, author
or other similar type professions;
(2)
An artist's studio, a craft-person's shop, a tailor/seamstress/dressmaker's
shop, a baker's shop, or similar artisans' shops or studios where
such products are made on premises. Instruction for these occupations
is permitted for a maximum of one student at a time. Sale of the products
is permitted provided that the sale of the products is not open to
the general public and does not occur at the residence.
(3)
Musical instrument or voice instructors. Instruction for these
occupations is permitted for a maximum of one student at a time;
(4)
The administrative office of a tradesman whose field of activity
is entirely away from the dwelling unit;
(5)
The marketing and sales of home good products provided that
retail sales is not open to the general public.
(6)
Location and size. The office or studio shall be located in
the basement or on the first or street level floor of the dwelling
and the area thereof shall be limited to not more than 50% of the
first floor area. Storage of related materials or products for sale
incidental to permitted home occupation is permitted but shall be
included within the 50% floor area limitation and location restrictions
provided for herein.
(7)
The home occupation or profession shall be carried on wholly
within the principal dwelling unit.
(8)
The home occupation or profession shall employ not more than
three persons, one of whom may be a person who does not reside at
the subject dwelling unit.
(9)
Permitted sign. One customary professional or announcement sign,
as follows:
(a)
Maximum size of 2 square feet in area, if attached to the main
wall of the dwelling. Said sign shall not be illuminated by internal
or external source; or
(b)
Maximum size of 1 square foot in area if mounted on a post,
provided that such post is set back from the front property line 5
or more feet.
(c)
No portion of the sign shall have an electronic message center
or a changeable copy sign.
[Amended 2-15-2012 by Ord. No. 6-2012]
(10)
The home occupation or profession may have off-street parking
on the premises for customer or client use, provided there are no
more than two such spaces.
(11)
Prohibited uses and activities associated with the home occupation
or profession.
(a)
Exterior display or exterior storage of materials or commercial
vehicles.
(b)
Exterior indication of the home occupation or profession other
than the parking and sign permitted by this section.
(c)
Visible variation from the residential character of the principal
building resulting from the home occupation use.
(d)
Offensive noise, vibration, smoke, dust, odors, heat or glare.
(e)
Home occupation or profession shall not include or be deemed
to include the office of a person professionally engaged in the purchase,
manufacture or sale of goods kept or displayed on the premises; tearooms;
tourist lodges; boarding- or lodging-houses; beauty parlors; barbershops;
nails salons; restaurants; commercial stables and kennels; veterinarian
offices; convalescent homes; mortuary establishments; the assembly
of or meeting place for employees of one or more persons; stores;
trades or hobby shops; or businesses of any kind not herein excepted.
Notwithstanding anything to the contrary in this chapter, the home
professional office of a physician shall not include a biological
or other medical testing laboratory.
E.
Any senior citizen who is the owner of a single-family dwelling,
which is his primary residence, may rent or lease a room or rooms
within that building together with general use associated with that
dwelling to one person. For purposes of this paragraph, a "senior
citizen" is any person who has attained the age of 62 years on the
effective date of this paragraph or the spouse of that person, or
surviving spouse of that person, if the surviving spouse is 55 years
of age or older.
[Added 2-15-2012 by Ord.
No. 6-2012]
[Amended 6-19-2013 by Ord. No. 22-2013]
A.
Minimum lot area: 10,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 100 feet.
D.
Setback standards for principal structure:
[Amended 6-19-2013 by Ord. No. 22-2013]
(1)
Minimum front yard setback (exclusive of an open porch, landings,
steps, overhanging eaves, cornices, chimneys, bay windows) for lots
with frontage on one or more Passaic County road: 50 feet.
(2)
Front yard setback (exclusive of an open porch, landings, steps,
overhanging eaves, cornices, chimneys, bay windows) with respect to
the frontage on roads other than those owned by Passaic County:
(a)
For interior lots that are not adjacent to a corner lot:
[1]
No structure or part of a structure shall extend
nearer to a front street line than the average front yard setback
of 100 feet, as average front yard setback is defined, herein.
[2]
When no average front yard setback is possible
because there are no structures within 100 feet, the front yard setback
shall be 30 feet.
(b)
For corner lots:
[1]
The prevailing front yard setback, as prevailing
front yard setback is defined herein, shall apply.
[2]
When there is no prevailing front yard setback
because there is no principal structure on the adjacent lot facing
the same street, the front yard setback shall be 30 feet.
[3]
The secondary front yard setback, as secondary
front yard setback is defined herein, shall apply.
[4]
In the case of a corner lot where the side street
does not include interior lots and where the side façades of
both the subject principal structure and its adjacent corner lot face
said side street, no structure or part of a structure shall be closer
than 25 feet to the side street.
(c)
For interior lots that are adjacent to corner lots:
(3)
Minimum rear yard (exclusive of landings, steps, overhanging
eaves, cornices, chimneys, bay windows): 35 feet.
(4)
Minimum side yards (exclusive of an open porch or landing, steps,
overhanging eaves, cornices, chimneys, bay windows):
(a)
There shall be 2 side yards with a total width of not less than
25% of the lot width at the front street setback line.
(b)
The width of the narrower side yard shall not be less than 10%
of the width of the lot at the front street setback line or 10 feet,
whichever is greater.
(c)
In the case of a corner lot, the side yard setback of the principal
structure falling within that portion of the side yard that is between,
1) lines drawn to extend the side walls of the principal structure
(extending to the side property line facing the rear wall of the principal
structure) and 2) the side property line that is parallel to, and
the length of, the rear of the principal structure, shall not be less
than 20 feet.
(5)
Where there is a proposed widening of the right-of-way of any
street as shown on the Master Plan of the Township of Wayne, the front
yard setback requirement shall be measured from the proposed right-of-way
line as shown on said Master Plan rather than from the existing front
street line.
(6)
Building setbacks may be increased by the Planning Board incidental
to plat map approval.
(7)
No temporary structure as defined by this chapter may be placed
within the required front yard. Nothing contained herein shall prohibit
the placement of a temporary trailer in the front yard for use as
a temporary dwelling while the primary residence is reconstructed
due to substantial damage resulting from a fire and/or natural disaster.
E.
Setbacks and height for accessory structures, except fences:
[Ord. No. 20-2015 § 8]
(1)
Side yard: 10 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(2)
Rear yard: 10 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(3)
Height: 15 feet maximum to the top of the ridge of a pitched
roof, measured from the finished floor, or 12 feet to the top of a
flat roof measured from the finished floor.
F.
Maximum building height: 35 feet and 2 1/2 stories as measured
from the average finished grade. The measurement shall be taken at
the centerline of the length of the building on all 4 sides. A dwelling
may have 3 stories, but shall not exceed 35 feet in height, when the
elevation is required to satisfy flood plain regulations of any governmental
agency.
[Amended 6-19-2013 by Ord. No. 22-2013]
G.
Maximum floor area ratio (FAR):
(1)
For standard lots: 0.28
(2)
For substandard lots:
(a)
For lots less than 10,000 square feet but greater than 7,500
square feet the applicable FAR shall be 0.29.
(b)
For lots less than or equal to 7,500 square feet but greater
than 6,500 square feet the applicable FAR shall be 0.31.
(c)
For lots 6,500 square feet or less the applicable FAR shall
be 0.33.
H.
Maximum impervious coverage: 40%
[Amended 6-19-2013 by Ord. No. 22-2013]
I.
Impervious coverage area within the required front yard shall not
exceed 35% of the total front yard area. For lots with more than one
front yard, the total front yard areas shall not be combined for the
purposes of calculating this provision.
J.
In conjunction with Section 134-61.2, paragraph A of this ordinance, the reconstruction of any nonconforming structure shall be permitted without the need for lot width, lot depth or lot area variance relief, provided that all other applicable bulk criteria and floor area ratio criteria are otherwise met.
[Added 2-15-2012 by Ord.
No. 6-2012; Amended 6-19-2013 by Ord. No. 22-2013]
In the RBC District, no lot, parcel, plot or tract of land and
no building or other structure shall be used and no building or other
structure shall be built, altered or erected to be used for any purpose
other than the following:
A.
Detached single-family dwellings, provided there is no more than
one dwelling unit per lot.
B.
Municipal buildings or structures, public parks or playgrounds.
C.
Signs limited to those identifying a residence-cluster development
and located at the entrance or entrances to such projects and limited
to 50 square feet in area. The design, location, landscaping and maintenance
of such signs shall be in accordance with specifications and conditions
determined by the municipal agency.
D.
Semipublic recreational uses only for the residents of the development
and located within common open space areas.
E.
Accessory uses as hereinafter permitted.
F.
Sheds, not to exceed seven feet in height or 80 square feet in area,
shall be permitted, subject to the following provisions:
G.
Private swimming pools or tennis courts upon lots with not less than
15,000 square feet.
A.
Usage categories.
(1)
Density. The maximum density in the RBC District shall be up
to 2.9 dwelling units per gross adjusted area, as determined by the
environmental protection provisions.
(2)
Area requirements. All RBC developments shall have an area of
not less than 20 acres.
(3)
All roads are to be public and meet the standards of the Township
of Wayne, except that no sidewalks shall be provided unless required
by the municipal agency.
B.
Site and structure regulations.
(1)
General restrictions applicable to all uses:
(a)
All dwellings shall be limited in height to 2 1/2 stories
or 35 feet.
(b)
Each dwelling unit must have a two-car garage which shall be
attached to the main dwelling.
(c)
Maximum impervious surfaces (said term to include deck areas)
shall be limited to 35% or 4,000 square feet,
(d)
There shall be a minimum seventy-five-foot setback from any
perimeter property line abutting any type of residential zone and
50 feet from all other perimeter property lines.
(e)
Private swimming pools and their appurtenances, out structures
and tennis courts, where permitted, shall comply with the following
provisions:
(f)
All patios, driveways or walks shall be a minimum of five feet
from any side or rear property line.
(g)
Requirements for open space. Within any RBC District, private
or public open space shall be provided in accordance with the following
criteria:
[1]
Public open space or common open space.
[a]
Public open space or common open space such as parks, preserves, recreation areas and facilities, tennis courts, golf courses, lakes, ponds, playgrounds, swimming facilities, drainage or other ways and other similar uses, along with structures and accessory features appurtenant thereto, may be provided; however, public open space, common open space or private conservation open space shall be provided based on a calculation of the minimum lot size and number of lots permitted under the Township environmental protection regulations. After determining the minimum lot side and number of lots permitted, the lot areas and area for roadways and other public or private utility improvements shall be totaled. The remaining area of the development shall then be reserved for public open space, common open space or private conservation open space but shall not be less than two hundred fifteen thousands (.215) acre per dwelling unit or lot allowed under Chapter 134, Land Development, Article VI, § 134-91.2, et seq. Lot areas may be adjusted to accommodate the open space area, but not less than the minimum size permitted. The remaining area may be placed under the development's homeowners' association or the development's individual property owners or offered to the Township, if the area is adjacent to an existing or proposed Township park or the area is suitable for an active recreation use.
[b]
Exceptions.
[i]
No vacant, isolated areas or parcels under one
acre shall be permitted or counted as open space. These isolated parcels
shall be jointed to or made part of an adjoining lot with a deed restriction
placed on the parcel to reserve the environmentally constrained areas
and/or open space area for conservation purposes. Such restriction
shall also be included as part of the contract for sale of the property
and in the deed to the lot.
[ii]
The development may have lots located therein
above the minimum lot size. In such instance there shall be a note
on the final plat and included in the contract for purchase and deed
to the lot stipulated by a metes and bounds description of the area
within the lot and its limitation to be included for conservation
purposes.
[2]
The types and amounts of areas to be counted toward
establishing the minimum amount of the various types of open space
shall be reviewed and approved by the municipal agency but shall not
include private and common areas designated as sidewalks, roads, drives,
paved parking areas, required front yards and side yards. The municipal
agency may require such areas to be considered as part of the common
areas for maintenance and other purposes. Documents shall be submitted
prior to final approval as to who will own and maintain the various
types of open space areas and common or other improvements. Such documents
shall list covenants, restrictions and easements imposed on the property
owners, homeowners' association, etc.
[3]
When a homeowners' or other organization is responsible for maintaining common open space, the procedures for failure to maintain common open space as found in Chapter 134, Planning and Development Regulations, § 134-52.3D shall be followed. In addition, information and/or documents as found in Chapter 134, Planning and Development Regulations, § 134-52.3E shall be submitted prior to final approval of the development.
(1)
Lot areas. The minimum lot area shall be 7,000 square feet.
(2)
Lot width. The minimum lot width shall be 60 feet.
(3)
Lot depth. The minimum lot depth shall be 100 feet.
(4)
Side yards. The minimum side yards shall be 15 feet each, except
for lots which are in excess of 100 feet in width, where two side
yards of 20 feet each shall be provided.
(5)
Rear yard. The minimum rear yard shall be 35 feet, except that
decks may encroach into a required rear yard no more than 10 feet.
(6)
Front yard. The minimum front yard setback shall be 25 feet,
except that no portion of any structure shall be closer to the front
property line than the height of that structure at any particular
point.
In the RC-1.25 and RC-2.5 districts, no lot, plot, parcel or
tract of land and no building or other structure shall be used and
no building or other structure shall be built, altered or erected
to be used for any purpose other than the following:
A.
At least five dwelling units consisting of single-family dwelling
units in detached, semi-detached or attached groups of attached or
clustered structures, either singly or in combination thereof, but
not including high-rise, medium-rise or garden-apartment-type structures.
B.
Open spaces such as parks, preserves, recreation areas or facilities,
tennis courts, golf courses, lakes, ponds, playgrounds, swimming facilities,
drainage- or other ways and other similar uses along with structures
and accessory features appurtenant thereto.
C.
Signs limited to those identifying a residence-cluster development
and located at the entrance or entrances to such projects and limited
to 50 square feet in area. The design, location, landscaping and maintenance
of such signs shall be in accordance with specifications and conditions
determined by the Planning Board.
D.
Accessory uses customarily incidental to the above permitted uses
and limited to recreation facilities suitable to serve the residents
of the development, as approved by the Planning Board, such as swimming
pools, playgrounds, athletic fields, recreation halls or club houses,
tennis courts, shuffleboards and any other approved compatible facility.
E.
Satellite dish, as herein defined, subject to the following provisions:
(1)
On single-family detached, semi-detached or attached structures,
one dish not exceeding three feet in diameter (or seven square feet
in area), may be placed on the rear portion of a pitched roof of each
dwelling unit, provided that it shall not protrude above or beyond
any roof line.
(2)
For community buildings under the common ownership of a homeowners
association, a dish subject to the following provisions:
(a)
A dish not to exceed three feet in diameter (or seven square
feet in area), may be placed on the rear portion of a pitched roof
of a structure, provided that it shall not protrude above or beyond
any roof line. It may also be placed on the ground to the rear of
the structure to the side and rear yard setbacks.
(b)
A dish of more than three feet in diameter, but not exceeding
12 feet in diameter (or 113 square feet in area), must:
[1]
Be placed on the ground to the rear of the main
structure and subject to the side and rear yard setbacks.
[2]
Be securely anchored to a concrete pad.
[3]
Have all wiring to and from the dish placed underground.
[4]
Have an open mesh surface and be painted a color
to blend with its surroundings.
[5]
Have the surrounding area suitably landscaped.
[6]
Not have the lowest portion of the dish higher
than two feet from the ground. Said two feet shall be measured with
the dish in a vertical position.
(3)
Nothing herein shall preclude the use of a common dish serving
one or several groups of structures, provided that it shall:
(a)
Be located on the ground in a rear yard.
(b)
Not exceed 12 feet in diameter (or 113 square feet in area).
(c)
Be securely anchored to a concrete pad.
(d)
Have an open mesh surface and be painted a color to blend with
its surroundings.
(e)
Receive municipal agency approval of its location, color and
landscaping.
(f)
Have all wiring to and from the dish placed underground.
(g)
Not have the lowest portion of the dish higher than two feet
from the ground. Said two feet shall be measured with the dish in
a vertical position.
(4)
No dish shall be permitted to have any lettering thereon or
be used as an advertising or identification sign.
F.
Home occupations or professions.
[Amended 10-17-2012 by Ord. No. 48-2012]
(1)
The office of an accountant, architect, dentist, engineer, insurance
broker, lawyer, physician, planner, real estate agent, computer professional,
marketing agent, public relations professional, literary agent, author
or other similar type professions;
(2)
An artist's studio, a craft-person's shop, a tailor/seamstress/dressmaker's
shop, a baker's shop, or similar artisans' shops or studios where
such products are made on premises. Instruction for these occupations
is permitted for a maximum of one student at a time. Sale of the products
is permitted provided that the sale of the products is not open to
the general public and does not occur at the residence.
(3)
Musical instrument or voice instructors. Instruction for these
occupations is permitted for a maximum of one student at a time;
(4)
The administrative office of a tradesman whose field of activity
is entirely away from the dwelling unit;
(5)
The marketing and sales of home good products provided that
retail sales is not open to the general public.
(6)
Location and size. The office or studio shall be located in
the basement or on the first or street level floor of the dwelling
and the area thereof shall be limited to not more than 50% of the
first floor area. Storage of related materials or products for sale
incidental to permitted home occupation is permitted but shall be
included within the 50% floor area limitation and location restrictions
provided for herein.
(7)
The home occupation or profession shall be carried on wholly
within the principal dwelling unit.
(8)
The home occupation or profession shall employ not more than
three persons, one of whom may be a person who does not reside at
the subject dwelling unit.
(9)
Permitted sign. One customary professional or announcement sign,
as follows:
(a)
Maximum size of 2 square feet in area, if attached to the main
wall of the dwelling. Said sign shall not be illuminated, by internal
or external source; or
(b)
Maximum size of 1 square foot in area if mounted on a post,
provided that such post is set back from the front property line 5
or more feet.
(c)
No portion of the sign shall have an electronic message center
or a changeable copy sign.
(10)
The home occupation or profession may have off-street parking
on the premises for customer or client use, provided there are no
more than 2 such spaces.
(11)
Prohibited uses and activities associated with the home occupation
or profession.
(a)
Exterior display or exterior storage of materials or commercial
vehicles.
(b)
Exterior indication of the home occupation or profession other
than the parking and sign permitted by this section.
(c)
Visible variation from the residential character of the principal
building resulting from the home occupation use.
(d)
Offensive noise, vibration, smoke, dust, odors, heat or glare.
(e)
Home occupation or profession shall not include or be deemed
to include the office of a person professionally engaged in the purchase,
manufacture or sale of goods kept or displayed on the premises; tea
rooms; tourist lodges; boarding-or lodging-houses; beauty parlors;
barbershops; nail salons; restaurants; commercial stables and kennels;
veterinarian offices; convalescent homes; mortuary establishments;
the assembly of or meeting place for employees of one or more persons;
stores; trades or hobby shops; or businesses of any kind not herein
excepted. Notwithstanding anything to the contrary in this chapter,
the home professional office of a physician shall not include a biological
or other medical testing laboratory.
G.
Any senior citizen who is the owner of a single-family dwelling,
which is his primary residence, may rent or lease a room or rooms
within that building together with general use associated with that
dwelling to one person. For purposes of this paragraph, a "Senior
Citizen" is any person who has attained the age of 62 years on the
effective date of this ordinance or the spouse of that person, or
surviving spouse of that person, if the surviving spouse is 55 years
of age or older.
[Added 6-19-2013 by Ord.
No. 22-2013]
Within any residence-cluster district, development shall be
in accordance with the following minimum standards:
A.
Usage categories.
(1)
Common open space. Common open spaces such as parks, preserves,
recreation areas and facilities, tennis courts, golf courses, lakes,
ponds, playgrounds, swimming facilities, drainage- or other ways and
other similar uses, along with structures and accessory features appurtenant
thereto, shall be provided at a ratio of not less than 25% of the
gross area of the planned unit residential development. The types
and amounts of areas to be counted toward establishing the minimum
amount of common open space shall be determined by the Planning Board
but shall not include areas designated as sidewalks, roads, drives,
paved parking areas, required front yards and those side yards as
established by the Planning Board along side lot lines. The Planning
Board may require such areas to be considered as part of the common
open space for maintenance and other purposes even though such areas
are not of the type to be counted toward establishing the 25% percent
minimum area.
(3)
Area requirements. All residence-cluster developments shall
have an area of not less than 40 acres.
B.
Site and structure regulations.
(1)
Lot size, height restrictions and utilities.
(a)
Plot and lot sizes and dimensions and structure heights and
locations thereon may be freely disposed and arranged in conformity
with the overall density standards herein and to the conditions of
comprehensive plans therefor, the general features and design of which
shall be approved by the Planning Board. Minimum lot size or frontage
and minimum percentage of lot coverage are not specified herein, but
the Planning Board shall be guided by standards for common good practice.
(b)
Any such development shall connect directly into an adequate
public water, sanitary sewer and storm sewer system.
(2)
Yard requirements. The following setbacks shall be observed:
(a)
100 feet from any existing public road, whether bordering or
situate within the site, and having an existing or proposed right-of-way
width, as shown on the Township Official Map, of 80 feet or more.
(b)
Setback distances from all other public and any private roads
with a right-of-way of 35 feet or more shall be as approved by the
Planning Board, giving due consideration to surrounding present and
further uses, but in no case shall be less than 50 feet from the road
in an RC-1.25 district and 40 feet from the street line in an RC-2.5
district.
(c)
No building or structure shall be located within 100 feet of any perimeter development line except a deck, patio or addition may be constructed to an existing dwelling pursuant § 134-37.2C.
(d)
All of the foregoing yard requirements may be expanded or modified
by the Planning Board upon site plan application for good cause.
(3)
There shall be off-street parking facilities for the parking
of two automobiles for each dwelling unit. Each off-street parking
space shall consist of not less than 180 square feet. Garages shall
be utilized in conjunction with uncovered parking to lessen the amount
of outside paved parking areas as shall be reasonable in the particular
case. A minimum of one garage shall be provided for each dwelling
unit. Any group of attached garages shall have a joint capacity of
not more than four automobiles.
(4)
No building shall exceed 35 feet above the first floor or two
stories, including an attic which may be converted into living floor
space in excess of 100 square feet in the case of detached units only.
(5)
No building shall be constructed, reconstructed or occupied
resulting in the location of the living floor space of a dwelling
unit or any part thereof directly above the living floor space of
another dwelling unit or any part thereof.
(6)
A buffer area of at least 50 feet in width shall be provided
along any one-family residential or garden apartment boundary line
zone; provided, however, that a 100 foot buffer may be required between
an active recreational use and the nearest boundary line of any one-family
or garden apartment zone. Such buffer may be expanded by the Planning
Board for good cause. Within any such buffer area, no buildings, structures,
driveways, parking or loading areas or other use of the land shall
be permitted, except that the Planning Board may permit access streets,
walks or drives therein if necessary, but in no case less than 50
feet from any adjoining lot line. Any such buffer area, if wooded,
shall remain undisturbed or otherwise effectively planted to screen
the development from surrounding uses.
C.
Alterations to existing structures.
Decks and additions may be added to existing dwellings for which
certificates of occupancy were issued prior to the adoption of this
amended ordinance subject to the following:
(1)
No part of a building, exclusive of an open porch, steps and
overhanging eaves and cornices, shall extend nearer to a front street
line than currently exists.
(2)
No part of any addition and/or deck shall be closer than 15
feet to any other cluster of units, whether that cluster contains
one (1) single-family, detached dwelling or more than one (1) single-family,
attached dwelling, or to any rear property line.
[Amended 2-15-2012 by Ord. No. 6-2012]
(3)
Maximum height: 2.5 stories and 35 feet.
(4)
Setbacks and height for accessory structures, except fences:
[Ord. No. 20-2015 § 9]
(a)
Side yard: 10 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(b)
Rear yard: 10 feet minimum, except that accessory structures
100 square feet or less in size shall have a minimum setback of 5
feet.
(c)
Height: 15 feet maximum to the top of the ridge of a pitched
roof, measured from the finished floor, or 12 feet to the top of a
flat roof measured from the finished floor.
Notwithstanding any amendment to the provisions of this article,
there shall be no increase in the available overall density of any
residence-cluster development having received final approval, except
by the specific unanimous consent of the adult occupants of all of
the existing dwelling units within the property.
A.
A Residential Leasehold district shall be created within the Township
of Wayne to accommodate the special needs of the Hoffman Grove Tract
community, situate upon two otherwise undivided tax lots described
as Lot 1, Block 220, and Lot 2, Block 221, of approximately 30 acres
and bounded by certain physical barriers, namely, the Pompton River
and two branches of a railroad. The Hoffman Grove Tract is fully improved
by single-family residential dwelling houses, constructed on individual
leasehold estates and served by private streets, all of which have
access to New Jersey State Highway No. 23. Such streets provide adequate
access for fire-fighting equipment, ambulances and other emergency
vehicles necessary for the protection of the public health and safety.
B.
It is the intent and purpose of this article to establish a special
zoning district to address the special needs created by a leasehold
residential community and to allow existing structures and partially
destroyed structures to be upgraded and improved by alterations and
additions thereto in compliance with Housing Code requirements. It
is, however, not the intent of this article to permit the construction
of new or additional single-family dwellings, except pursuant to the
provisions of N.J.S.A. 40:55D-36.
[Amended 6-21-2006 by Ord. No. 42-2006; 2-15-2012 by Ord. No. 6-2012]
In the Residential Leasehold District, no lot, plot, parcel,
tract of land or leasehold estate shall be used and no building or
other structure shall be used, reconstructed or altered for any purposes
other than that of:
A.
Single-family detached dwelling houses, each situate upon an individual
leasehold estate.
B.
Attached garage and/or carport accessory to a single-family dwelling.
Detached accessory structures such as, for example, garages, pools
or metal sheds, are expressly prohibited.
C.
Satellite dish, as herein defined, subject to the following provisions:
(1)
Shall not exceed three feet in diameter (or seven square feet
in area).
(2)
Shall be installed:
(a)
On the rear wall of the main structure, without regard to rear
yard setback, provided that the dish does not protrude above or beyond
any roof line; or
(b)
On the rear portion of a pitched roof, provided that the dish
does not project above or beyond any roof line.
(c)
The color of the dish shall blend with its surroundings.
(d)
Only one such dish shall be permitted for each individual lot,
and its use shall be for the sole use of that lot.
No leasehold lot shall have an area of less than 3,200 square
feet and a width of lot of less than 40 feet.
A.
Setbacks. No addition or alteration of a building or structure shall
project beyond any existing wall facing a street or road.
B.
Yards.
(1)
There shall be a minimum distance of 60 feet between the rear
walls of opposite-facing dwellings. Further, no addition and/or alteration
to the rear of any existing building or structure shall infringe by
more than one-half of any distance in excess of the sixty-foot minimum
requirement between opposite-facing buildings.
(2)
There shall be a minimum distance of 20 feet between the sidewalls
of any two buildings. No owner desiring to add an addition and/or
make an alteration to the side of an existing building or structure
shall infringe by more than one-half of any distance in excess of
the foregoing twenty-foot minimum side yard requirement.
(3)
No building or structure shall be altered or extended within
20 feet from the top of a riverbank.
C.
Height. No building or structure shall exceed 2 1/2 stories
in height, measured from the minimum floodplain elevation as set forth
by the New Jersey Department of Environmental Protection (NJDEP).
The number of single-family detached dwelling houses shall be
limited to those which exist as of the date of the adoption of this
article, that is, 131 units.
All additions or alterations must comply with all existing Township
Flood Control Ordinances, including but not limited to the following:
A.
Any additions or alterations must be limited as to the substantial
improvement clauses.
B.
Department of Environmental Protection approval must be obtained
for all additions containing living space.
C.
All additions involving only utility rooms must comply with the one-hundred-square-foot
maximum size and flood elevation requirements.
D.
All occupants of the area, when applying for permits for additions
and/or alterations, must certify to the fact that they have purchased
the necessary flood insurance.
A.
Minimum lot area: 5 acres.
B.
Maximum density: 13 dwelling units per acre.
C.
Maximum building coverage: 20%.
E.
(Reserved)
H.
Minimum distance between structures: 30 feet, except that 50 feet
shall be provided where an access drive is located between structures.
I.
Maximum length of structures: 20 dwelling units. No more than 12
structures shall form an unbroken building line. A setback of not
less than 4 feet shall be a satisfactory break in building line.
K.
Minimum open space: At least 15% of the gross site area shall be
devoted to recreation areas, not including paved parking and access
drive areas. The areas set aside for recreation purposes shall provide
for common open spaces and facilities suitable to serve the residents
of the apartment development. They may include playgrounds, areas
containing facilities for active recreation and sitting areas. No
such recreation space shall be located in any front or side yard along
a minor arterial street.
L.
Minimum right-of-way width for interior access roads: 50 feet.
In addition to those uses listed in § 134-29 and § 134-30, no land shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
At least five dwelling units made up of single-family dwelling units
in detached, semi-detached, or attached groups of attached or clustered
structures either singly or in a combination thereof but not including
any high-rise, medium-rise or garden-apartment-type structures.
B.
Open space such as parks, preserves, recreation areas or facilities,
tennis courts, golf courses, lakes, ponds, playgrounds, swimming facilities,
drainage or other ways and other similar uses along with structures
and accessory features appurtenant thereto.
C.
Public parks and playgrounds, buildings, structures and uses owned
and operated by the Township of Wayne.
D.
Accessory uses and accessory buildings customarily incidental to
the above uses and located on the same lot.
E.
Any senior citizen who is the owner of a single-family dwelling,
which is his primary residence, may rent or lease a room or rooms
within that building together with general use associated with that
dwelling to one person. For purposes of this paragraph, a "Senior
Citizen" is any person who has attained the age of 62 years on the
effective date of this ordinance or the spouse of that person, or
surviving spouse of that person, if the surviving spouse is 55 years
of age or older.
[Added 6-19-2013 by Ord.
No. 22-2013]
Within any planned unit development such development shall be in accordance with the requirements set forth in § 134-52 (Planned Development) and the following minimum standards.
B.
Common open space. Common open spaces such as parks, preserves, recreation
areas and facilities, tennis courts, golf courses, lakes, ponds, playgrounds,
swimming facilities, drainage or other ways and other similar uses,
along with structures and accessory features appurtenant thereto,
shall be provided at a ratio of not less than 25% of the gross area
of the planned unit development. The types and amounts of areas to
be counted toward establishing the minimum amount of common open space
shall be determined by the Planning Board but shall not include areas
designated as sidewalks, roads, drives, and paved parking areas, required
front yards and those side yards as established by the Planning Board
along side lot lines. The Planning Board may require such areas to
be considered part of common open space for maintenance and other
purposes even though such areas are not of the type to be counted
toward establishing the 25% minimum area.
C.
Site and structure regulations.
(1)
Plot and lot sizes and dimensions, and structure heights and
locations thereon, may be freely disposed and arranged in conformity
to the overall density standards herein and to the conditions of comprehensive
plans therefor, the general features and design of which shall be
approved by the Planning Board. Minimum lot size or frontage and minimum
percentage of building coverage are not specified herein although
the Planning Board shall be guided by standards for common good practice.
(2)
A minimum setback distance, or front yard, of 75 feet shall
be provided on county roads, or upon any Township roads or thoroughfares
with an existing or proposed right-of-way of 80 feet or more as shown
on the Township Official Map. Side yards, rear yards, buffer areas,
screen planting and other such protection or transitional features
shall be as approved by the Planning Board giving due consideration
to surrounding present and contemplated future uses.
(3)
All open spaces between structures shall be protected, where
necessary, by fully recorded covenants running with the land, conveyances
or dedications.
D.
Alterations to existing structures.
[Amended Ord. No. 20-2015; 5-20-2020 by Ord. No. 17-2020]
(1)
Decks and additions may be added to existing dwellings for which
certificates of occupancy were issued prior to the adoption of this
amended ordinance (Ordinance No. 53-2010) subject to the following:
(a)
No part of a building, exclusive of an open porch, steps and overhanging
eaves and cornices, shall extend nearer to a front street line than
currently exists.
(b)
No part of any addition and/or deck shall be closer than 15
feet to any other cluster of units, whether that cluster contains
one single-family, detached dwelling or more than one single-family,
attached dwelling.
(c)
Maximum height: 2.5 stories; 35 feet
(d)
Setbacks and height for accessory structures, except fences:
[1]
Side yard: 10 feet minimum, except that accessory
structures 100 square feet or less in size shall have a minimum setback
of five feet.
[2]
Rear yard: 10 feet minimum, except that accessory
structures 100 square feet or less in size shall have a minimum setback
of five feet.
[3]
Height: 15 feet maximum to the top of the ridge
of a pitched roof, measured from the finished floor, or 12 feet to
the top of a flat roof, measured from the finished floor.
(e)
Maximum building height: 35 feet and 2 1/2 stories as measured
from the average finished grade. The measurement shall be taken at
the center line of the length of the building on all four sides.
(2)
All other changes to existing structures and properties shall conform
to the requirements of the R-15 District.
In addition to those uses listed in § 134-29 and § 134-30, no land shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Senior citizen housing, as described herein.
B.
Day-care facilities as part of a senior citizens development, provided
that these facilities meet all state standards.
C.
Accessory uses.
(1)
Dining facilities, craft shops, etc., for the use of the residents
of the senior citizens housing.
(2)
Signs. Each development may have one sign along each road which
the tract in question abuts, provided that there exists at least 250
feet of unbroken frontage. Such sign(s) shall not exceed four feet
in height, shall be set back from the street right-of-way and driveways
at least 20 feet, shall be set back from the property line a minimum
of 30 feet, shall not exceed an area of 16 square feet and shall be
used only to display the development's name.
A.
Setbacks. The minimum setback requirements from property lines shall
be based on building heights:
(1)
One and two stories: front: 50 feet; side: 30 feet; and rear:
80 feet.
(2)
Three to four stories: front: 60 feet; side: 40 feet; and rear:
80 feet.
(3)
Five stories: front: 75 feet; side: 45 feet; and rear: 80 feet.
(4)
Area. No site shall contain less than five acres.
(5)
Density. The maximum density shall not exceed 24 dwelling units
per acre.
B.
Building height.
(1)
Maximum building height is two stories and shall have an eight-on-twelve
minimum pitched roof or an articulated cornice. Chimneys, cupolas
or other architectural decorative elements are exempt from this limitation.
All rooftop structures other than necessary vents must be screened.
All second-story units must be served by an elevator within 500 feet
walking distance from the entrance of each unit.
(2)
This height can be extended to five stories at selected locations,
provided that the following conditions can be met:
(a)
Such structure has a base dimension not to exceed 90 feet at
the ground with step backs at the second level of sufficient size
to contain a six-foot-wide exterior space for each unit. One additional
step back shall be required above the second floor. This open space
shall not project out from the building.
(b)
The roof must have an articulated cornice or a pitched roof.
All heating and air conditioning and elevator housings must be screened
and incorporated into the roof structure of the building.
(c)
An open space equal to or larger than the total height of the
building must be provided immediately adjacent to the structure, to
be used only as active recreation and gardens for the senior citizens.
(d)
No other building of this configuration can be constructed within
150 feet of the base of this structure.
(e)
Buildings within 50 feet of adjacent single-family residential
uses shall not exceed two stories in height.
C.
Yards and building spacing.
(1)
The following minimum dimensions between buildings shall apply
to the individual structures within a lot and shall be based on facade
height measured from ground to cornice line, up to two stories or
23 feet: windowless wall to windowless wall: 10 feet; window wall
to windowless wall: 20 feet; and window wall to window wall: 30 feet.
(2)
For structures having a cornice or eave height of 24 feet or
more: windowless wall to windowless wall: 18 feet; window wall to
windowless wall: 24 feet; and window wall to window wall: 40 feet.
(3)
Each ground floor unit shall have a minimum private yard of
20 feet, which must be screened by a fence or hedge.
D.
Design.
(1)
Each unit above the first floor shall have an exterior space
of at least 60 square feet, with a minimum dimension of six feet.
(2)
Active recreation and garden. A land area or areas equal in
aggregate to at least 250 square feet per dwelling unit shall be designated
on the site plan for the recreational use of the residents of the
projects, except that where a project is located within 300 feet of
any existing Township park.
E.
Garbage pickup.
(1)
There shall be at least one trash and garbage pickup location
provided for each 30 units separated from the parking areas, which
shall be totally enclosed by a seven-foot-high masonry wall compatible
with the architectural styling of the building with a gate or entry
on one side. Such enclosure shall contain appropriate containers approved
by the Health Department for garbage and recycling. It shall be located
in a manner to be obscured from view from parking areas, streets and
adjacent residential uses or zoning districts.
(2)
See trash, enclosed landscape and screening standards in the
landscape standards of the Township of Wayne Code. If located within
the building, the doorway may serve both the loading and trash/garbage
functions.
F.
Parking; loading and unloading.
(1)
Parking.
(a)
A minimum 0.75 parking spaces shall be provided for each dwelling
unit. Plans should also indicate potential additional parking spaces
so that the total parking spaces equal a maximum of 1.75 parking spaces
per dwelling unit, these additional spaces to be constructed only
at the written request of the Planning Board after operation of the
development and upon a reappraisal of the parking needs of the project.
The additional parking will be constructed at the applicant's expense
and in accordance with the plans as submitted.
(b)
No on-site parking lot shall be located closer than 25 feet
from a senior citizen housing (SCH) site boundary line.
(2)
Loading and unloading facility. Loading and unloading facilities
shall be in conformance with Township of Wayne Code.
G.
Buffers.
(1)
Buffer areas shall be required along all property lines of senior
citizen housing (SCH) development, except street frontages and Township
Park. A 50 foot landscaped buffer of deciduous and coniferous plant
materials shall be installed forming a one-hundred-percent visually
impervious buffer at a minimum height of six feet and maintained at
a minimum height of not less than 15 feet. This width can be reduced
no less than five feet with the provision of a 100% visually impervious
screen or wall not less than six feet in height of permanent material,
which is used to separate any contiguous residential zone or residential
development. An earth berm of a minimum height of six feet may be
constructed, in which case the Planning Board may lessen its requirements
for plant materials. Such a buffer area is required to shield adjacent
residential areas from parking lot illumination, headlights and fumes
and to diminish the visual encroachment of residential privacy and
residential neighborhood characteristics.
(2)
Plant materials used in screen planting shall be at least six
feet in height when planted and be of such density as determined appropriate
for the activities involved. The plant materials shall be of a species
common to the area, be of nursery stock and shall be free of insects
and disease.
(3)
Buffer areas shall be permanently maintained, and plant materials
which do not live shall be replaced within one year or one growing
season.
(4)
The screen planting shall be so placed that, at maturity, the
plant material will be no closer than one foot from any street or
property lines.
H.
Landscaping.
(1)
Parking lots, street edges and other landscaping on the site
shall meet the landscaping standards set forth in the Township of
Wayne Code.
(2)
Landscaping to conserve energy shall include the planting of
evergreen windbreaks to block northwest winds in the winter and the
southwest facades of buildings with low-growing deciduous shade trees
to block summer heat.
(3)
Any part of a senior citizen housing (SCH) development not used
for structures roadways, loading, accessways, parking, recreation
facilities, garden areas and pedestrian walks shall be landscaped
with grass, trees and shrubs, with recreation and seating areas specifically
designed for senior citizen usage, as designed by a qualified landscaped
architect.
I.
Design standards. Design for facades, streetscapes and lighting shall
meet design standards as set forth in the Township of Wayne Code.
Any senior citizen housing development within the Senior Citizen
Housing (SCH) district shall:
A.
Provide that a minimum of 10% of the dwelling units in the development
shall be low-income housing units and 10% shall be moderate-income
housing units.
B.
Construct such units phased in proportion to the construction of
other units.
C.
Submit deed restrictions and other documentation sufficient to satisfy
the Planning Board that it will comply with the low- and moderate
income housing requirements.
Prior to any Township approval, the following prerequisites
shall have been accomplished:
A.
Assurance that the occupancy of such housing will be limited to senior
citizens as defined herein, the single member of which or either the
husband or wife of which, or both, or any of a number of siblings
or unrelated individuals of which, or a parent of children of which,
is/are 55 years of age or older and have no children under 18 as members
of their household or as otherwise defined by the Social Security
Act, as amended, except that this provision shall not apply to any
resident manager and family resident on the premises.
B.
Verification of preliminary approval of the project by any local,
state or federal agency which finances or assists in the financing
or operation of such housing, if such financing is being sought by
the applicant to make occupancy available to low- or moderate-income
persons.
[Amended 2-15-2012 by Ord. No. 6-2012]
[Amended 3-6-2013 by Ord.
No. 4-2013; amended 9-6-2023 by Ord. No. 42-2023]
All activity as permitted by this zoning district shall be conducted within a building, except as otherwise provided by this ordinance. In addition to those uses listed in § 134-29 and § 134-31, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Public and private parks and open space, including reservoirs, country
clubs, golf courses (not including golf driving ranges), ballfields,
tennis courts and swimming pools.
B.
Hospitals and colleges.
C.
Buildings, structures and uses owned and operated by a public entity.
E.
Office uses and office buildings associated with uses permitted herein.
F.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
G.
Residential Treatment Facilities providing outpatient services only.
[Added 9-6-2023 by Ord. No. 42-2023]
A.
Hospitals and colleges.
(1)
Minimum lot area: 40 acres.
(2)
Minimum lot width: 400 feet.
(3)
Maximum building coverage: 20%.
(4)
Maximum impervious coverage: 75%. The remaining 25% shall be landscaped pursuant to § 134-85 of this chapter.
(5)
Minimum front yard depth: 150 feet plus an additional 2 feet
for every 1 foot in building height over 24 feet.
(6)
Minimum side yard depth: 100 feet plus an additional 2 feet
for every 1 foot in building height over 24 feet.
(7)
Minimum rear yard depth: 100 feet plus an additional 2 feet
for every 1 foot in building height over 24 feet.
(8)
Maximum height: 7 stories.
(9)
Minimum distance between buildings: 50 feet plus an additional
2 feet for every 1 foot in building height over 24 feet.
(10)
Accessory uses to the hospital shall be limited to 20% of the
gross floor area of the first floor. These uses may include child
care center, doctor's office building, outbuilding power plant, doctor
or nursing residences, concessions and services which are customarily
provided for the convenience of the occupants of the hospital, provided
there is no exterior evidence of such accessory uses such as signs
or display windows, other than directional signs with no commercial
advertisement.
(11)
Buffering: Any yard abutting a residential zone or residential use shall provide a 50-foot wide landscaped buffer, pursuant to § 134-87 (Buffers).
(12)
Access: Direct access to an arterial street shall be provided.
A.
Residential
Treatment Facilities providing outpatient and inpatient services.
[Added 9-6-2023 by Ord. No. 42-2023]
[Amended 3-6-2013 by Ord.
No. 4-2013]
All activity as permitted by this zoning district shall be conducted within a building, except as otherwise provided by this ordinance. In addition to those uses listed in § 134-29 and § 134-31, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Retail establishments and restaurants
[Amended 2-15-2012 by Ord. No. 6-2012]
B.
Retail services.
C.
Professional offices.
D.
Studios for martial arts instruction.
E.
Photography studios.
F.
Studios for dance instruction.
G.
Adult day care.
H.
Automobile service stations and automotive repair centers.
I.
Municipal uses.
J.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which it is accessory.
K.
Indoor Amusement and Indoor Recreation.
[Ord. No. 25-2015 § 2]
L.
Residential Treatment Facilities providing outpatient services only.
[Added 9-6-2023 by Ord. No. 42-2023]
[Ord. No. 25-2015 § 3]
A.
Dog day care.
B.
Kennels.
C.
Bars, taverns, nightclubs.
D.
Motels and hotels.
[Amended 10-17-2012 by Ord. No. 48-2012]
E.
Rental or sales of large equipment.
F.
Self-storage facilities.
G.
New and used car dealers.
[Amended 2-15-2012 by Ord. No. 6-2012]
H.
Adult bookstores, adult entertainment uses and adult novelty shops.
I.
Lumber yards.
J.
Brick paver yards.
K.
RV storage centers.
L.
Tattoo parlors.
M.
Places of worship.
N.
Trailers and containers except as otherwise may be temporarily allowed
pursuant to the codes of the Township of Wayne.
[Amended 2-15-2012 by Ord. No. 6-2012; Ord. No. 21-2015 § 3]
A.
Minimum lot area: 20,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 200 feet.
D.
Maximum impervious coverage: 70%. The remaining 30% shall be landscaped pursuant to § 134-85 of this chapter.
[Ord. No. 39-2014 § 2]
H.
Buffers: Any yard abutting a residential zone shall provide a 50-foot landscaped buffer in accordance with the requirements in § 134-87 (Buffers).
I.
Maximum retail occupancy: no freestanding single building occupancy
that is utilized for retail purposes, or a retail tenant occupying
space within a retail shopping center, shall exceed a gross maximum
floor area of 80,000 square feet.
[Ord. No. 25-2015 § 4]
[Ord. No. 42-2014]; Ord. No. 4-2013
All activity as permitted by this zoning district shall be conducted within a building, except as otherwise provided by this chapter. In addition to those uses listed in § 134-29 and § 134-31, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
A.
Retail establishments and restaurants.
[Ord. No. 6-2012]
B.
Retail services.
C.
Shopping centers.
D.
Professional offices.
E.
Car washes.
F.
Congregate Care, nursing home, assisted living facilities and similar
facilities for elderly housing.
G.
Adult day care.
H.
Automobile service stations and automotive repair centers.
I.
Hotels.
[Ord. No. 48-2012]
J.
Municipal uses.
[Ord. No. 48-2012]
K.
New and used car dealers, including customary ancillary uses such
as service.
[Added by Ord. No. 42-2014]
L.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
[Ord. No. 48-2012]
M.
Indoor Amusement and Indoor Recreation.
[Ord. No. 25-2015 § 5]
N.
Residential Treatment Facilities providing outpatient services only.
[Added 9-6-2023 by Ord. No. 42-2023]
[Ord. No. 42-2014; Ord. No. 25-2015 § 6]
A.
Dog day care.
B.
Kennels.
C.
Bars, taverns, nightclubs.
D.
Motels.
E.
Rental or sales of large equipment.
F.
Self-storage facilities.
G.
Adult bookstores, adult entertainment uses and adult novelty shops.
H.
Lumber yards.
I.
Brick paver yards.
J.
RV storage centers.
K.
Places of Worship.
L.
Trailers and containers except as otherwise may be temporarily allowed
pursuant to the codes of the Township of Wayne.
[Ord. No. 21-2015 § 4]
A.
Minimum lot area: 40,000 square feet.
B.
Minimum lot width: 200 feet.
C.
Minimum lot depth: 200 feet.
G.
Maximum impervious coverage: 70%. The remaining 30% shall be landscaped pursuant to § 134-85 of this ordinance.
H.
Buffers: Any yard abutting a residential zone shall provide a 50-foot landscaped buffer in accordance with the requirements in § 134-86 (Buffers).
I.
Maximum occupancy: no freestanding single building occupancy that
is utilized for retail purposes, or a retail tenant occupying space
within a retail shopping center, shall exceed a gross maximum floor
area of 55,000 square feet.
[Amended 3-6-2013 by Ord.
No. 4-2013]
All activity as permitted by this zoning district shall be conducted within a building, except as otherwise provided by this ordinance. In addition to those uses listed in § 134-29 and § 134-31, no land shall be used and no structure shall be erected, altered or occupied for any purposes except for an integrated regional shopping center which may contain one or more of the following uses:
A.
Retail establishments and restaurants.
[Amended 2-15-2012 by Ord. No. 6-2012]
B.
Retail services.
C.
Shopping centers.
D.
Professional offices.
E.
Adult day care.
F.
Municipal uses.
G.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
H.
Accessory amusements.
I.
Health clubs and spas.
J.
Hotels.
[Added 10-17-2012 by Ord.
No. 48-2012]
K.
Gasoline Sales and/or automobile related services as an accessory
use to a permitted principal use.
[Added 7-17-2013 by Ord.
No. 31-2013]
L.
Indoor Amusement and Indoor Recreation.
[Ord. No. 25-2015 § 7]
[Ord. No. 25-2015 § 8]
A.
Dog day care.
B.
Kennels.
C.
Bars, taverns, nightclubs.
D.
Motels.
E.
Rental or sales of large equipment.
F.
New and used car dealers.
[Amended 2-15-2012 by Ord. No. 6-2012]
G.
Adult bookstores, adult entertainment uses and adult novelty shops.
H.
Lumber yards.
I.
Brick paver yards.
J.
RV storage centers.
K.
Places of worship.
L.
Trailers and containers except as otherwise may be temporarily allowed
pursuant to the codes of the Township of Wayne.
M.
Gasoline sales or automobile related services as a stand-alone principal
use that is not accessory to a permitted principal use.
[Added 2-15-2012 by Ord.
No. 6-2012; amended 7-17-2013 by Ord. No. 31-2013]
[Amended 2-15-2012 by Ord. No. 6-2012]
A.
Minimum lot area: 40 acres.
B.
Minimum lot width: 200 feet.
C.
Minimum lot depth: 200 feet.
D.
Minimum setback from a public road: 75 feet.
E.
Minimum setback from an adjoining property line: 30 feet.
F.
Minimum setback from a residence district: 100 feet.
[Amended 3-6-2013 by Ord.
No. 4-2013]
All activity as permitted by this zoning district shall be conducted within a building, except as otherwise provided by this ordinance. In addition to those uses listed in § 134-29 and § 134-31, no land shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
A.
Detached single-family dwellings.
B.
Professional offices.
C.
Banks and financial institutions.
D.
Funeral homes.
E.
Adult day care.
F.
Municipal uses.
G.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
H.
Residential Treatment Facilities providing outpatient services only.
[Added 9-6-2023 by Ord. No. 42-2023]
A.
Minimum lot area: 15,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 150 feet.
D.
Maximum floor area ratio: applies with respect only to single-family residential, which shall be governed by the R-15 Floor Area Ratio Standards (§ 134-34.2G)
[Ord. No. 21-2015 § 5]
E.
Maximum impervious coverage: 60%. The remaining 40% shall be landscaped pursuant to § 134-85 of this chapter.
[Amended 3-6-2013 by Ord. No. 4-2013]
All activity as permitted by this zoning district shall be conducted within a building, except as otherwise provided by this ordinance. In addition to those uses listed in § 134-29 and § 134-31, no land shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
A.
Professional offices.
B.
Research laboratories.
C.
Banks and financial institutions.
D.
Private schools.
E.
Adult day care.
F.
Municipal uses.
G.
Commercial Recreation.
[Ord. No. 9-2014 § 2]
H.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
[Ord. No. 9-2014 § 2]
I.
Residential Treatment Facilities providing outpatient services only.
[Added 9-6-2023 by Ord. No. 42-2023]
[Ord. No. 21-2015 § 6; Ord. No. 43-2015 § 2]
A.
Minimum lot area: 5 acres.
B.
Minimum lot width: 200 feet.
C.
Minimum lot depth: 200 feet.
D.
Maximum impervious coverage: 65%. The remaining 35% shall be landscaped pursuant to § 134-85 of this chapter.
G.
Maximum accessory building size: 750 square feet.
I.
Minimum distance between buildings: 1.5 times the average height
of the 2 buildings or 30 feet, whichever is less.
[Amended 2-13-2012 by Ord. No. 6-2012; amended 10-17-2012 by Ord. No. 48-2012; amended 3-6-2013 by Ord. No. 4-2013]
All activity as permitted by this zoning district shall be conducted within a building, except as otherwise provided by this ordinance. In addition to those uses listed in § 134-29 and § 134-31, no land shall be used and no structure shall be erected, altered or occupied for any purposes except the following:
A.
Building material storage yards and contractor storage yards pursuant to § 134-67.4, Outdoor Storage and Outdoor Display in Industrial Districts.
B.
Repair and machine shops and woodworking shops.
C.
Industrial operations or uses, industrial facilities.
[Ord. No. 20-2015 § 11]
D.
Warehousing.
E.
Self-storage facilities.
F.
Cogeneration facilities.
G.
Research laboratories.
H.
Professional, personal or commercial services.
I.
Dog day care.
J.
Municipal uses.
K.
Commercial recreation.
L.
Lodges.
M.
Hotels and motels shall be prohibited.
N.
Accessory uses and accessory structures customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
[Amended 2-15-2012 by Ord. No. 6-2012]
Planned industrial parks. Within a planned industrial park, such development shall be in accordance with the requirements set forth in § 134-52 (Planned Development) and the following minimum standards:
A.
All activity as permitted by this zoning district shall be conducted
within a building, except as otherwise provided by this ordinance.
In the Wayne Transit Zone - Commercial: no lot, plot, parcel or tract
of land shall be used and no building or other structure shall be
built, altered or erected to be used for any purpose other than those
buildings, structures and uses and land uses that are permitted as
follows:
[Amended 3-6-2013 by Ord.
No. 4-2013]
(1)
Retail stores including national and/or regional retail store
chains.
(2)
Business and professional offices.
(3)
Restaurants and food services.
(4)
Banks. ATM machines operated within a permitted retail establishment
are also permitted.
(5)
Health spas and clubs.
(6)
Hotels/convention centers
(7)
Commercial services such as, but not limited to, beauty salons,
travel agencies and insurance agencies.
(8)
Day care facilities.
B.
In the Wayne Transit Zone — Residential: no lot, plot, parcel
or tract of land shall be used and no building or other structure
shall be built, altered or erected to be used for any purpose other
than those buildings, structures and uses and land uses that are permitted
as follows:
All uses not specifically permitted as enumerated above are
specifically prohibited including but not limited to:
A.
Automobile service stations, automotive repair centers and car washes.
[Amended 10-17-2012 by Ord. No. 48-2012]
B.
Drive through or window service restaurants and restaurants that
solely cater to take-out service as their primary business.
C.
Restaurants with a take-out window or take-out counter as an accessory
or primary service.
D.
Automotive and motorcycle sales.
E.
Contractor storage yards.
F.
Outdoor storage except for seasonal displays otherwise permitted
by ordinance.
G.
Industrial, warehousing or manufacturing uses.
H.
Billboard/outdoor advertising signs.
I.
Tattoo parlors, massage establishments, facilities exclusively used
for massage, and adult book and/or adult video stores.
A.
Area and bulk requirements.
(1)
The following area and bulk requirements shall apply to the
Wayne Transit Zone — Commercial per the following Table:
|
Area and Bulk Requirements — WTZ-C
| |
|---|---|
|
Regulation
|
Requirement
|
|
Minimum lot area (acres)
|
5
|
|
Minimum lot width (feet)
|
400
|
|
Minimum lot depth (feet)
|
400
|
|
Minimum front yard (feet)
|
25
|
|
Minimum side yard (feet)
|
25
|
|
Minimum rear yard (feet)
|
25
|
|
Maximum building height (stories/feet)
|
12 stories/130 feet
|
|
Maximum building coverage (percent)
|
10%
|
|
Maximum impervious coverage (percent)
|
80%
|
(2)
The following area and bulk requirements shall apply to the
Wayne Transit Zone — Residential per the following Table:
|
Area and Bulk Requirements — WTZ-R
| |
|---|---|
|
Regulation
|
Requirement
|
|
Minimum lot area (acres)
|
25
|
|
Minimum lot width (feet)
|
N/A
|
|
Minimum lot depth (feet)
|
N/A
|
|
Minimum Front Building Setback (feet)
| |
|
From Highway ROW
|
50
|
|
From Public ROW
|
50
|
|
From Internal Road:
| |
|
Multi-family
|
25
|
|
Townhouse
|
15
|
|
Minimum distance between buildings(feet)
| |
|
One and two story building
|
30
|
|
Three and four story building
|
40
|
|
Four stories or greater
|
50
|
|
Minimum total open space:
|
35%
|
|
Maximum building height (stories/feet)
|
6 stories/65 feet
|
|
Maximum building coverage (percent)
|
30%
|
|
Maximum impervious coverage (percent)
|
65%
|
|
Maximum residential density
|
25 du/acre
|
B.
Architectural design criteria.
There are no specific style requirements for buildings to be
constructed within the Wayne Transit Zone. All work performed shall
be designed so as to implement the purposes and goals expressed within
this Plan. Specifically, buildings are to be designed to be multi-storied
and architecturally interesting. Façade and window treatments
are to be designed so as to provide visual interest and variety. Signage,
lighting and street furniture and amenities are to be integrated into
the proposed design to enhance the aesthetic quality of the development.
C.
Landscaping.
(1)
A detailed landscape plan prepared by a New Jersey State Licensed
Landscape Architect shall be provided with each development proposal
detailing all aspects of the proposed project landscaping.
(2)
To the greatest extent practical, the landscape plan shall provide
for a variety of species integrating shade and ornamental trees, shrubs
and perennial and annual flowers to create interest and diversity
in planting.
(3)
Open, non-structured parking areas shall be screened from all
public rights-of-way by an evergreen landscape hedge to be maintained
at a height of no more than four feet.
(4)
Open, nonstructured parking rows shall include a curbed landscaped
island with at least one shade tree.
(5)
Within open, nonstructured parking areas, one shade tree shall
be provided for every 10 parking spaces.
(6)
Shade trees shall be a minimum two inches in diameter at the
time of planting.
(7)
All plant materials shall be of a variety hardy enough to withstand
an urban environment and shall be drought tolerant.
D.
Site lighting.
[Amended 2-15-2012 by Ord. No. 6-2012]
(1)
Site lighting shall not exceed a height of 18 feet.
(2)
Site lighting shall maintain an average isolux illumination
level of 1.0 lumen per square foot and shall not exceed 0.5 lumen
per square foot at the property line.
(3)
Lighting shall be appropriately shielded so as to not cause
glare to spill onto adjoining roadways or properties.
(4)
All lights shall utilize color corrected lamps. The use of high-pressure
sodium lights, fluorescent, or mercury vapor lighting is prohibited.
Use of minimum wattage metal halide is encouraged.
E.
Signage.
(1)
Signage shall be designed to be compatible with and complement
the overall architectural design of the proposed development.
(2)
Freestanding pylon signs shall not be permitted. Monument based
signage shall be permitted not to exceed 50 square feet and a maximum
height of 5 feet. No more than one monument sign will be permitted
per access drive area. Illumination shall be external.
(3)
Façade mounted signs shall be permitted and shall be
limited to identify the address and occupant of the development. No
more than one façade mounted sign shall be permitted per right-of-way
frontage. All signage shall be designed as an integral part of the
architecture of any proposed building and shall be limited in size
not to exceed 15% of the façade area associated with the total
area of a single story of that façade side.
(4)
Kiosk, directory and directional signs shall be permitted subject
to the approval of the approving agency.
(5)
Temporary pennants and flags, and permanent pennants, banners,
streamers, advertising flags, inflatable objects, twirlers and like
objects are prohibited except as otherwise approved by the Township
Council. Such approval if granted shall not exceed 30 days.
(6)
Freestanding menu boards, advertising signs and/or displays
are prohibited.
(7)
Flashing, "chasing," intermittent or changing color lights,
including LEDs, fiber optic signs, strobe lights, highway flashers
or other "attention getting" optical displays for graphics are expressly
prohibited.
F.
Off-street parking.
(1)
Parking shall be provided in accordance with the following table:
|
Use
|
Parking Requirement
|
|---|---|
|
Retail stores and shops
|
1 space per 250 square feet of gross floor area
|
|
Banks
|
1 space per 500 square feet of gross floor area
|
|
Business and professional offices
|
1 space per 300 square feet of gross floor area
|
|
Medical and dental clinics or offices
|
2.5 spaces per each examining room or dental chair plus 1 space
per employee
|
|
Mid-rise residential building (Per RSIS)
| |
|
1 bedroom
|
1.8 spaces per unit
|
|
2 bedroom
|
2.0 spaces per unit
|
|
3 bedroom
|
2.1 spaces per unit
|
|
Townhouse residence (Per RSIS)
| |
|
1 bedroom
|
1.8 spaces per unit
|
|
2 bedroom
|
2.3 spaces per unit
|
|
3 bedroom
|
2.4 spaces per unit
|
|
Personal service businesses
|
1 space per 300 square feet of gross floor area
|
|
Hotel/convention center
|
1 space/guest room plus 1 space per 300 square feet for conference
or meeting area
|
(2)
In addition to the parking requirements enumerated above, within
the WTZ-C, Commercial Area, parking shall be reserved for the commuter
population utilizing the New Jersey Transit Wayne Route 23 Transit
Facility. The minimum number of parking spaces to be made available
for use by NJ Transit shall be subject to review and agreement with
that agency. The parking requirement may be satisfied by both at-grade
and structured parking. If provided by structured parking, the first
available parking levels from grade level shall be used to satisfy
this requirement.
(3)
Parking standards as enumerated above may be reduced upon submittal
of a detailed Parking Management Plan to be approved by the appropriate
approving agencies that, upon implementation, will result in a reduction
of the parking requirements based upon a shared parking and transit
ridership analysis that can, with reasonable certainty, result in
reduced parking demand.
(4)
In addition to at-grade parking, parking may be provided within
a parking structure, which shall be designed to be integrated into
the design of the main building so as to blend into the site as an
integral architectural feature that enhances the overall project design.
G.
Parking area design standards.
(1)
Setback. Parking spaces shall be setback minimally five feet
from property lines.
(2)
Parking stalls shall be 9 by 18 feet in dimension, for all areas
not designated exclusively for commuter parking related to the existing
transit center facilities maintained by NJ Transit, except as otherwise
required by ADA and building codes. Designated commuter parking areas
shall be permitted a parking stall dimension of 8 1/2 feet by
18 feet.
(3)
The placement of curbing up to two feet within the required
parking space depth is permitted thereby permitting a reduction of
the required 18-foot parking stall depth to 16 feet, provided that
there is adequate area for an automobile occupying the parking space
to over-hang the said curb without infringing on required landscaping,
pedestrian areas or adjacent parking spaces.
(4)
Aisle widths shall be a minimum of 24 feet wide for two way
traffic flow and 12 feet for one-way traffic flow, except that the
required aisle widths may be reduced to 22 feet and 10 feet respectively
if site conditions warrant a reduction in width and can be supported
by traffic engineering analysis.
(5)
All parking areas, driveways and loading areas shall be paved
with asphalt, concrete or other suitable hard surface material such
as pavers.
(6)
Loading and unloading shall not be permitted within a public
street, but shall be integrated into the site design of the project.
(7)
Handicapped parking shall be provided in accordance with ADA
and building code requirements.
Any development within Wayne Transit Zone shall satisfy the
need for housing low- and moderate-income households generated by
that development by providing the required number of affordable housing
units in accordance with and as determined by the current and/or amended:
A.
To the extent possible development shall meet the United States Green
Building Council's Leadership in Energy and Environmental Design (LEED)
requirements for green building design. These requirements include
but are not limited to green building design goals that promote reduced
water use; use of sustainable, renewable, non-toxic and locally-produced
materials; improved indoor air quality; and environmentally conscious
site planning.
B.
The United States Green Building Council has developed standards
for green building design, which shall be applied to ensure that development
meets minimum standards. Therefore, any developer within the Wayne
Transit Zone Planning Area is required to submit a good faith application
to the USGBC to build the project under LEED standards appropriate
to the development and if accepted, compliance with LEED standards
is required.
The purpose of the AH district is to provide for the realistic
opportunity for the development of affordable housing opportunities
for households of low and moderate income as required by the New Jersey
State Supreme Court, Southern Burlington County, NAACP v. Township
of Mount Laurel, 92 N.J. 158 (1980), Fair Housing Act, N.J.S.A. 52:27D-301
et seq., and the Wayne Township Fair Share Housing Plan as approved
by the Superior Court of the State of New Jersey in conjunction with
Waterford Village Associates v. Township of Wayne, et al., Docket
No. W-015998-88, and related Mount Laurel cases, by the Honorable
Howard H. Kestin, J.S.C.
These regulations shall apply only to those properties designated within the Affordable Housing District. The below listed permitted uses and general development standards shall apply to all such designated properties. However, in recognition of the Township's housing production goals and the fact that each site so designated may be situated adjacent to or near land uses of a different nature, the density and bulk standards and regulations applicable to each site (denoted by an AH number) may vary. Such standards and regulations are contained in the chart in Schedule A located at the end of this article. All applicable Township ordinances shall be enforced with respect to these developments. Notwithstanding the foregoing, the Planning Board may relax the provisions of Article V of this chapter to the extent required to allow for conformance with the density of development specified in the Wayne Township Fair Share Housing Plan as it relates to the subject inclusionary site.
In addition to those uses listed in § 134-29 and § 134-30, no lot, plat, parcel or tract of land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than that of:
A.
Multi-family structures consisting of two or more dwelling units
which are part of a development containing a setaside of housing units
designed for occupancy by low- and moderate-income persons or households.
The mandatory setaside shall be as specified in Schedule A of this
article.
B.
Public parks and playgrounds, buildings, structures and uses owned
and operated by the Township of Wayne.
C.
Accessory uses and accessory buildings customarily incidental to
the above uses and located on the same lot as the principal use to
which they are accessory.
A.
Schedule A, provided at the end of this article, denotes the density
and bulk requirements applicable to each affordable housing site within
the Affordable Housing district.
B.
Site plan approval. All structures and improvements proposed to be
built within any Affordable Housing district shall be subject to site
plan review and approval by the applicable municipal agency.
C.
Buffer areas. Buffer areas as herein defined shall be required on
all perimeter lot lines equal to the height of the adjacent building
(on site), but such buffer shall not be less than 25 feet except along
property lines adjoining nonresidential zoning districts or adjoining
roads. The Planning Board, in reviewing the site plan, shall take
into consideration whether the adjoining property is fully or partly
developed and the likelihood or probability of the creation of an
adequate buffer to the residential development.
D.
Minimum tract size. The minimum tract size of each site proposed
for development shall be the combination of all lots designed within
the particular Affordable Housing district. No lot or parcel shall
be subdivided therefrom for any other purpose except that of a part
of playground if dedicated for public use and purposes, and provided
that such area was not used in determining the permitted density of
the development.
E.
Minimum common space.
(1)
Common open spaces such as parks, preserves, recreation areas
and facilities, tennis courts, golf courses, lakes, ponds, playgrounds,
swimming facilities, drainage or other ways and other similar uses,
along with structures and accessory features appurtenant thereto,
shall be provided at a ratio of not less than 25% of the gross area
of the development. The types and amounts of areas to be counted toward
establishing the minimum amount of common open space shall be determined
by the municipal agency but shall not include areas designated as
sidewalks, roads, drives and paved parking areas, required front yards
and those side yards as established by the municipal agency along
side lot lines. The municipal agency may require such areas to be
considered part of common open space for maintenance and other purposes
even though such areas are not of the type to be counted toward establishing
the 25% minimum area.
(2)
All such common open space shall be deed restricted so as to
preclude any further subdivision or development except for the purposes
of dedication to the public or for construction of improvement to
permitted uses or facilities located therein and accessory and appurtenant
to the inclusionary development and where such area was not used in
determining gross density.
F.
Individual lot dimensions. In developments where units are intended
for individual sale, plot and lot sizes and dimensions for individual
units, if applicable, may be freely disposed and arranged in conformity
with the overall density standards herein and with the conditions
of a comprehensive plan therefor, the general features and design
of which shall be approved by the municipal agency. Minimum individual
lot size or frontage and minimum percentage of individual building
coverage are not specified herein although the municipal agency shall
be guided by standards for common good practice.
G.
Open spaces between structures. In developments where units are intended
for individual sale, all open spaces between structures shall be protected
by fully recorded covenants running with the land, conveyances or
dedications.
H.
Affordable housing regulations. All inclusionary housing developments built in accordance with this section shall contain a mandatory set-aside of affordable housing as stipulated by percentage on the chart in households. The development, phasing, occupancy, marketing and resale or re-renting of all affordable housing shall be regulated in accordance with Chapter 213, Affordable Housing Regulations, of the Code of the Township of Wayne.
The purposes of the MLID are to (1) provide a framework for
zoning incentives in exchange for voluntary developer contributions
for affordable housing purposes; and (2) to implement the Wayne Township
Fair Share Housing Plan as approved by the Superior Court of the State
of New Jersey in conjunction with Waterford Village Associates v.
Township of Wayne, et al., Docket No. W-015998-88 and related Mount
Laurel cases, by the Honorable Howard H. Kestin, J.S.C.; and (3) to
provide for the realistic opportunity for the development of affordable
housing opportunities for households of low and moderate income as
required by the New Jersey State Supreme Court Southern Burlington
County NAACP. V. Township of Mount Laurel, 92 N.J. 158 (1980) and
the Fair Housing Act, N.J.S.A. 52:27D-301, et seq.
A.
These regulations shall apply only to those properties designated
within a specified Mount Laurel Incentive district. The below listed
permitted uses and general development standards shall apply to all
such designated properties in the manner provided hereinafter. In
recognition of the Township's multifaceted Fair Share Housing Plan
and the fact that each site or area so designated may be situated
adjacent to or near land uses of a different nature or intensity,
the permitted uses, bulk standards and regulations applicable to each
site or area (denoted by a MLID number) may vary. Such standards and
regulations are specified below for each denoted Mount Laurel Incentive
district. Except as noted, all applicable Township ordinances shall
be enforced with respect to these developments. To the extent of any
inconsistency between the standards or requirements of this chapter
and other codified Township ordinances in effect prior to passage
of this ordinance, this chapter shall govern.
B.
Development of properties designated in the Mount Laurel Incentive district shall continue to comply with all of the terms and conditions of any existing, applicable Consent Order affecting such properties as well as of the applicable regulations governing the construction of inclusionary housing in the Township of Wayne as specified in Chapter 213 of the Code of the Township of Wayne. To the extent of any inconsistency between this chapter or Chapter 213 and the applicable Consent Order, the Consent Order shall govern.
A.
Intent and purpose. It is the intent and purpose of this district
to implement a Consent Order dated March 16, 1990 as approved by the
Superior Court of New Jersey, by the Honorable Howard H. Kestin, J.S.C.,
Docket No. W-015998-88 (Waterford Village Associates v. Township of
Wayne, et al.).
B.
Permitted uses and structures. Any one, but not a combination thereof,
of the following structures and uses:
(1)
Continuing Care Retirement Community ("CCRC").
(a)
CCRC use defined. A Continuing Care Retirement Community ("CCRC")
is an age-restricted facility consisting of a mix of independent living
units and/or "assisted living" units defined as either residential
health care facility units or Boarding House Class C Units (as defined
herein below) and related social, recreational and dining facilities
and a health care center which may include an outpatient clinic, therapy
areas, the "assisted living" units and the Long Term Care Facility.
The CCRC shall include a Long Term Care Facility. The units may be
condominiums, cooperatives, an endowment and monthly service fee facility,
or rentals. The CCRC shall meet the definition of N.J.A.C. 8:33h-2.1
as follows:
Continuing Care Retirement Community - The provision of lodging
and nursing, medical or other health related services at the same
or another location to an individual pursuant to an agreement effective
for the life of the individual or for a period greater than one year,
including mutually terminable contracts, and in consideration of the
payment of an entrance fee with or without other periodic charges.
An individual who is provided continuing care is not related by consanguinity
or affinity to the person who provides the care. A fee which is less
than the sum of the regular periodic charges is not considered an
entrance fee."
(b)
Accessory uses.
[1]
Day-care facility (non-age restricted).
[2]
Snack shop(s).
[3]
Arts and crafts facilities.
[4]
Exercise room
[5]
Retail and personal services restricted to residents,
employees, and guests.
[6]
Recreational facilities including, but not limited
to, card room, billiards room, reading library, swimming pool.
[7]
Employee living quarters, in addition to the independent
living units, for up to three employees of the CCRC.
[8]
Satellite antennas.
[9]
Garages, sheds, and fences.
[10]
Other customary accessory uses and buildings which
are incidental to the principal use and building on the premises.
(2)
Multi-family residential (non-age restricted).
(a)
Townhouse: A dwelling unit separated by a common vertical wall
from other dwelling units.
(b)
Flat: A multiple-family dwelling as defined in § 134-2.2 of the Zoning Ordinance of the Township of Wayne.
(c)
Mid-rise.
(d)
Accessory uses: Customary and accessory uses including but not
limited to recreational facilities, fences, garages, carports, and
sheds.
(3)
Uses and structures permitted and conditional under the same terms and conditions listed under § 134-46, (Office Building-Limited district) of the Code of the Township of Wayne.
(4)
All construction on site shall comply with applicable building,
fire, plumbing, electrical and other related code.
C.
Continuing Care Retirement Community bulk requirements.
(1)
Maximum number of units:
(a)
Residential uses:
[1]
A mix of 240 independent living units1 and/or residential health care facility units2 or Boarding House Class C units3, and
[2]
60-bed long-term care facility4
|
Notes:
|
|---|
|
1 Multi-family dwelling units designed
and designated for healthy and active residents and referred to as
residential units in N.J.A.C. 8:33H-3.3(a)7.
|
|
2 As defined in N.J.A.C. 8:43-.1
and 8:33H-3.3(a)7.
|
|
3 As defined in N.J.A.C. 5:27-1.6(B-33).
|
|
4 As defined in N.J.A.C. 8:33H-3.2(A)
1.i.
|
(2)
Setbacks:
(a)
Minimum setback requirements from property lines shall be based
on building heights as set forth in paragraphs [1] through [3] below.
Notwithstanding these setback requirements, all principal buildings
along the Paterson-Hamburg Turnpike shall be set back a minimum of
100 feet from the existing right-of-way. In the event a jug handle
turn is constructed to allow westbound Paterson-Hamburg Turnpike cars
to make a left hand turn onto Jackson Avenue southbound, the setback
from the jug handle shall be not less than 25 feet from the right-of-way
line, but in no event shall it be required to be greater than 100
feet from the existing right-of-way.
(3)
Building heights:
(a)
Maximum building height shall be no more than 6 stories or 68
feet measured from the highest point at which the building meets the
finished grade, exclusive of roof-mounted mechanical equipment and
elevator penthouses.
[1]
All roof-mounted mechanical equipment and elevator
penthouse housing must be screened and incorporated into the roof
structure of the building and shall be limited to 12 feet over the
maximum allowable building height.
[2]
All units above the first floor must be served
by an elevator within 500 feet walking distance from the entrance
of each unit.
(4)
Building spacing:
(a)
The following minimum dimensions between building shall apply
to the individual structures and shall be based on facade height measured
from ground to cornice line up to 2 stories.
(6)
Design:
(a)
A minimum land area or area equal in the aggregate to 40,000
square feet shall be designed and designated for the outdoor passive
or active recreation use of the residents of the project.
(8)
Fence height maximum: 6 feet.
(9)
Age of residents: except for accessory staff housing as provided for in § 134-51.3B(1)(b)[7] herein, at least one (1) of the occupants of each Independent Living Unit and the "assisted living" units shall be at least 62 years of age or as otherwise regulated by federal or state law, as shall 80% of the occupants of the long-term care facility.
D.
Multi-family residential bulk requirements.
(1)
Maximum number of units: 128 units.
(2)
Setbacks from exterior property line:
(a)
Front: 100 feet. All principal building along the Paterson-Hamburg
Turnpike shall be set back a minimum of 100 feet from the existing
right-of-way. In the event a jug handle turn is constructed to allow
westbound Paterson-Hamburg Turnpike cars to make a left hand turn
onto Jackson Avenue southbound, the setback from the jug handle shall
be no less than 25 feet from the right-of-way line, but in no event
shall be greater than 100 feet from the existing right-of-way.
(b)
Side: 25 feet.
(c)
Rear: 25 feet.
(3)
Building height maximum: 6 stories or 68 feet, exclusive of
roof-mounted mechanical equipment and elevator penthouses. All roof-mounted
mechanical equipment and elevator penthouse housings must be screened
and incorporated into the roof structure of the building and shall
be limited to 12 feet over the maximum allowable building height.
(5)
Site improvements are to be designed in accordance with the Residential Site Improvement Standards set forth in N.J.A.C. 5:21 or § 134-71 of this LDO, as applicable.
[Amended 7-18-2012 by Ord. No. 38-2012]
(7)
Fence height maximum: 6 feet.
A.
Intent and purpose. It is the intent and purpose of this district
to implement a Consent Order dated June 8, 1990 as approved by the
Superior Court of New Jersey by the Honorable Howard H. Kestin, J.S.C.,
Docket No. W-42158-88E (Custom Living Developments v. Township of
Wayne, et al.).
B.
Permitted uses.
(2)
Accessory uses: Customary and accessory uses including but not
limited to recreational facilities, fences, garages, carports and
sheds.
(3)
All construction on site shall comply with applicable building,
fire, plumbing, electrical and other related codes.
(4)
All developments shall comply with all of the Township of Wayne's
(the "Township") zoning, subdivision and site plan regulations except
as modified herein, by the Consent Order or by the plans for the project
known as Sutton Place (Crescent Village) approved by the Board of
Adjustment on June 1, 1987, and any amendments thereto approved by
the Township, a copy of which are on file in the Engineering Division
of the Township.
C.
Multi-family residential bulk requirements.
(1)
Maximum number of units: 395 units, consisting of 345 market
rate (for sale or rent) units and 50 lower income rental units. The
minimum size of the lower income units shall conform to standards
set forth in the regulations of the Council on Affordable Housing.
(3)
Building setbacks from perimeter property lines:
(a)
Front: 100 feet. All principal buildings along Berdan Avenue
shall be set back a minimum of 100 feet from the existing right-of-way.
(b)
Side: 40 feet.
(c)
Rear: 50 feet.
(d)
Parking, retaining walls and roadways shall be allowed within
setback areas. Placement of temporary construction and storage trailers
shall be allowed within setback areas during construction of the project.
(4)
Building heights: Maximum building height shall be no more than
3 1/2 stories, including garages and/or carports. In addition,
no building shall be more than 38 feet high, measured from the average
grade to the mean height of a pitched roof, exclusive of chimneys
and similar fixtures.
(7)
Coverage:
(a)
Maximum impervious coverage: 62%.
(b)
Minimum required common open space: 38%. "Common open space"
shall be defined to:
[1]
Include all landscaped and open areas, including
sidewalks and recreational structures, such as clubhouses, tennis
courts, swimming pools and any other impervious surfaces which are
provided as part of recreational facilities;
[2]
Not include buildings and paved parking areas (except
as provided above).
(8)
Fence height maximum: 6 feet, except for a fence associated
with recreation areas, which shall not exceed 12 feet in height.
A.
Intent and purposes. It is the intent and purpose of this district
to implement a Consent Order dated July 26, 1991, as approved by the
Superior Court of New Jersey, by the Honorable Howard H. Kestin, J.S.C.,
Docket No. W-036738-88 (Ronald R. Pagano v. Township of Wayne, et
al.).
This district is created primarily for the conduct of retail
trade and general business and development within the zone may be
undertaken under the development standards contained in either option
as outlined below.
B.
Permitted uses.
(1)
Option A — Retail uses only: Shops, stores or a shopping
center complex for the conduct of retail business.
(2)
Option B — Multiple uses permitted:
(a)
Any use permitted in the R-30 district subject to R-30 bulk
requirements; however, no mixed uses are permitted, i.e., no mixed
residential and business use.
(b)
Stores, shops, business offices, retail shopping centers.
(c)
Home improvements, garden centers and all related uses.
(d)
Theater, club, hotel, restaurant, cafeteria, cocktail lounge,
amusement or assembly hall or other type structure or installation
for recreational use; provided, however, that no permanent amusement
park, carnival, circus or similar business operated for a profit shall
be permitted in this district.
(e)
Bank, trust company or other financial establishment, business
and professional offices or studios.
(f)
Fire station, police station, post office, telegraph or telephone
office, telephone exchange building, library, passenger bus station,
taxicab stand, electric substation and other municipal or public buildings.
(g)
Shop or store for the conduct of retail business, stamp redemption
center, plumbing or other building or home improvement, newspaper
office, printing shop or personal service establishment.
(i)
Signs shall be allowed when in accordance with the following
limitations:
C.
Bulk requirements: The following bulk requirements shall apply to
the two development options respectively, as noted in the following
schedule:
|
Schedule Of Bulk Requirements
| ||
|---|---|---|
|
MLID-3
| ||
|
Requirement
|
Option A
(retail only)
|
Option B
(multi. uses)
|
|
Minimum lot size
|
5.23 ac.
|
5.23 ac.
|
|
Minimum lot frontage
|
200 ft.
|
200 ft.
|
|
Minimum lot depth
|
N/A
|
N/A
|
|
Minimum setbacks:
| ||
|
Front
|
100 ft.
|
100 ft.
|
|
Side
|
25 ft.
|
15 ft.
|
|
Rear
|
50 ft.
|
50 ft.
|
|
Buffer area
|
25 ft.
|
25 ft.
|
|
Minimum landscaped area
|
50%
|
15%
|
|
Maximum building coverage
|
25,000 sq. ft.
|
10,000 sq. ft.
|
|
Maximum building height
|
25 ft. (one story)
|
25 ft. (one story)
|
|
Maximum impervious coverage
|
50%
|
50%
|
|
Maximum distributed area
|
60%
|
60%
|
(1)
All loading areas shall be located in the rear of the building.
D.
(Reserved)
E.
Except as noted above, all other codified development standards in
effect as of the execution of the aforementioned Consent Order shall
apply to development in this district.
F.
To the extent of any inconsistency between the standards contained
herein and those contained in the aforementioned Consent Order, the
Consent Order shall govern.
G.
Nothing herein shall limit the powers of the municipal agency to
process and approve development applications for the subject district
in accordance with law and the codified development standards in effect
prior to passage of this chapter.
[Chapter 134 Adopted October 20, 2010 by Ord. No. 53-2010.]
[Repealed and replaced 4-7-2021 by Ord. No. 12-2021]
A.
Intent and purposes. It is the intent and purpose of this district
to implement:
(1)
The said Consent Order dated October 8, 1991 as approved by
the Superior Court of New Jersey, by the Honorable Howard H. Kestin,
J.S.C., Docket No. W-036738-88 (Ronald R. Pagano v. Township of Wayne,
et al. - Consent Order as to Weinmann Tract) as amended by a motion
dated June 2, 2009 with respect to the Commercial Development, and
(2)
The said bench Order of the Court dated January 22, 2021 of
the Honorable Thomas F. Brogan, P.J.Cv., presiding with respect to
the Residential Development, and
(3)
To assist the Township in meeting its Third Round and Gap Period
affordable housing obligations.
B.
This district is hereby amended to provide the opportunity for affordable
housing via inclusionary development. The Township recognizes it has
a constitutional obligation to create a realistic opportunity for
the construction of its fair share of affordable housing. The affordable
units will assist the Township of Wayne in meeting its Third Round
Prospective Need and Gap Period obligations in furtherance of the
Township's application for Judgement of Repose as requested under
said New Jersey Superior action entitled In the Matter of the Application
of the Twp of Wayne, etc., Docket No. PAS-L-002396-15. The MLID-4
zone, as amended, continues to permit the conduct of retail trade
and general business as approved under Docket No. W-036738-88.
C.
District overview: Properties within this district may be developed
either as a commercial development or a multi-family residential development,
in accordance with the terms and conditions appearing herein, the
terms and conditions contained in the Settlement Agreement and the
terms and conditions appearing in the said Court Order dated January
22, 2021. Each development type contains its own unique bulk standards.
No property may be developed with both commercial and residential
uses.
D.
Commercial development.
(1)
Permitted uses and structures. No structure shall be built for
any purpose other than:
(a)
Any use permitted in the R-30 district subject to R-30 bulk
requirements; however, no mixed uses are permitted, i.e., no mixed
residential and business use.
(b)
Stores, shops, business offices, retail shopping centers.
(c)
Home improvements, garden centers and all related uses.
(d)
Theater, club, hotel, restaurant, cafeteria, cocktail lounge,
amusement or assembly hall or other type structure or installation
for recreational use; provided, however, that no permanent amusement
park, carnival, circus or similar business operated for a profit shall
be permitted in such a district. Business uses involving the sale
of alcoholic beverages for off-premise consumption shall not be permitted.
(e)
Bank, trust company or other financial establishment, business
and professional offices or studios.
(f)
Fire station, police station, post office, telegraph or telephone
office, telephone exchange building, library, passenger bus station,
taxicab stand, electric substation and other municipal or public buildings.
(g)
Shop or store for the conduct of retail businesses, stamp redemption
center, plumbing or other building or home improvement, newspaper
office, printing shop or personal service establishment.
(2)
Prohibited uses. Prohibited uses shall be the same as those outlined in § 134-28 (Prohibited Uses).
(3)
Signage. Signs shall be allowed when in accordance with the
following limitations:
(4)
Commercial bulk requirements:
(a)
Area and width of lot: The minimum lot area requirement for
any purpose shall be a minimum of 6.30 acres. The minimum lot width
shall be 200 feet.
(b)
Building height: The maximum allowed building height shall be
two stories or 25 feet as measured from average finished grade directly
adjacent to the building to the mean of any sloped roof. In the case
of a flat roof structure the height shall be measured to the top of
the roof parapet. All mechanical equipment and its related screening
structures shall be allowed an additional five feet of height.
(c)
Required yards and setbacks:
[1]
Front: 100 feet. All principal buildings shall
be set back a minimum of 100 feet from the Paterson-Hamburg Turnpike
existing right-of-way and 75 feet from Geoffrey Way.
[2]
Side: 25 feet. A minimum setback of 25 feet shall
be required from all side lot lines.
[3]
Rear: 50 feet. A minimum setback of 50 feet shall
be required from all rear lot lines.
[4]
Buffer area: A minimum of 50 feet wide of continuous
planted landscaped area shall be provided along the easterly sideline
opposite the residentially developed area.
(d)
Coverage:
[1]
The maximum allowed gross square footage of building
shall not exceed 20% of the lot area provided that the ground floor
shall not contain more than 45,000 square feet and the second floor
shall not contain more than 10,000 square feet, and further provided
that the plan complies with all other requirements of this chapter.
[2]
The maximum allowed total impervious coverage shall
not exceed 60%.
[3]
Open space requirement. There then shall be a minimum
of 15% landscaped open space provided.
[4]
The maximum allowed disturbance area shall not
exceed 70% of the total lot area.
(5)
Except as noted above, all other codified development standards
in effect as of the execution of the aforementioned Consent Order
shall apply to development in this district.
(6)
To the extent of any inconsistency between the standards contained
herein and those contained in the aforementioned Consent Order, the
Consent Order shall govern.
(7)
Nothing herein shall limit the powers of the municipal agency
to process and approve development applications for the subject district
in accordance with law and the codified development standards in effect
prior to passage of this ordinance.
E.
Residential development.
(2)
Permitted accessory uses:
(4)
Affordable housing regulations. All inclusionary housing developments
built in accordance with this section shall contain a mandatory set-aside
of affordable housing and as an inclusionary development permitted
by this section, at least 15% of the total for-rent residential units
and 20% of the total for-sale residential units developed pursuant
to the Settlement Agreement for the property as noted herein, must
be affordable to low- and moderate-income households. In the event
that the required total number of residential units does not result
in a full integer, the developer shall round up to the nearest full
integer. The percentage of units required to be set-aside will be
specified within each Mt. Laurel/Affordable Housing Zone based on
whether the development is proposed to be for-sale or for-rent.
The inclusionary affordable units shall be developed and administered in accordance with the Fair Housing Act (NJSA 52:27D-301 et. seq.), COAH's regulations and UHAC regulations (N.J.A.C. 5:80-26.1), and as required under Chapter 213, Affordable Housing Regulations, of the Code of the Township of Wayne. Such requirements include but are not limited to the following:
(a)
Income distribution:
[1]
50% of the total number of affordable units (rounded
up) provided as affordable to low-income households.
[2]
13% of the total number of affordable units (rounded
up) provided as affordable to very-low-income households. This percentage
may be included in the calculation of the 50% low-income set-aside.
[3]
Each income level (very-low-income, low-income,
moderate-income) shall be proportionally allocated across each bedroom
size, or in the alternative all very-low-income units shall be two-bedrooms
and the low- and moderate-income units shall be proportionally allocated
across each bedroom size.
(b)
Bedroom distribution of units not age-restricted:
[1]
No more than 20% of all affordable units shall
be composed of efficiency and one-bedroom units.
[2]
At least 30% of all low- and moderate-income affordable
units shall be composed of two-bedroom units.
[3]
At least 20% of all low- and moderate-income affordable
units shall be composed of three-bedroom units.
(c)
Phasing of affordable units: Conformance with N.J.A.C. 5:93-5.6(d).
(d)
Affirmative marketing requirements: Conformance with N.J.A.C.
5:80-26.14 to 26.17.
(6)
Parking: Minimum parking shall be provided pursuant to RSIS
requirements.
(7)
Exemption from limitation on development. Development is exempt
from the standards set forth in the following sections to the extent
necessary to implement the Settlement Agreement and to reduce cost-generating
measures:
(a)
§ 134-91.2, (Calculation of number of building lots for subdivision and the number of units for site plans), which adjusts the number of units permitted in a site plan;
(c)
§ 134-96.4, (General requirements to regulations for slope and soil disturbance which adjust maximum allowable site disturbance);
(e)
Development is subject to the requirements of § 134-91.4, (Tree removal) except that trees over 18 inches in caliper within the area of disturbance may be removed, an estimate of trees over eight inches in caliper shall be required but a precise count shall not be required and no fee in lieu shall be assessed;
(8)
Site design: The configuration of residential buildings, recreation
facilities, roadways, and other improvements shall be substantially
consistent with the concept plan adopted as part of the settlement
agreement between the Township of Wayne, the Township of Wayne Planning
Board, and Waynebridge Plaza, LLC dated December 14, 2020.
All approvals by the Township Council, municipal agency or any
municipal entity for any development within this district shall contain
a condition that full compliance with the applicable Consent Order
is a nonseverable, continuing condition of said approval. Submission
of the Consent Order applicable to each district shall be a prerequisite
to a determination of completeness of any development application.
This provision shall be nonseverable from this chapter.
Planned developments, where permitted, must comply with the
conditions and standards set forth in this section, notwithstanding
other applicable regulations of this chapter or additional conditions
for the particular planned development.
Prior to approval of any planned development, the Planning Board
shall find, as required by N.J.S.A. 40:55D-45, the following facts
and conclusions:
A.
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
standards applicable to the planned development.
B.
That the proposals for maintenance and the amount, location and purpose
of the common open space are adequate.
C.
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate.
D.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
E.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
F.
Recreation. Private recreation facilities provided within the development
for the use of its residents and their guests may consist of active
recreation areas, such term to include but not be limited to tennis
courts, swimming facilities, athletic fields, playgrounds, shuffleboard
courts, basketball courts and similar types of facilities, and passive
recreation facilities, such term to include but not be limited to
picnic areas, nature areas, etc.
G.
Supplemental design features.
(1)
Each dwelling unit must be equipped with central heating and
air-conditioning systems with independent controls for each. This
requirement may be waived by the municipal agency for good cause.
(2)
No laundering or drying facilities, including but not limited
to washing machines and dryers, shall be located outside of any structures.
(3)
Each dwelling unit shall take care of and dispose of its garbage,
recyclable materials and refuse as does a single-family dwelling in
other residential districts; provided, however, that the association
shall have the right to manage and/or dispose of garbage of its development,
all in accordance with this article and applicable Township codes
relating to garbage, recycling and health regulations. However, in
the case of rental housing, solid waste disposal and household recyclable
materials shall be the responsibility of the property owner.
(4)
Plans shall be submitted showing pedestrian circulation, bicycle
paths, etc., proposed within the development.
(5)
All electric and telephone utilities within the planned unit
development shall be placed underground as required under Township
Ordinance 70-1971, on file in the Township offices.
(6)
Lighting plans for the entire project (or any portion being
approved) shall be submitted for municipal agency approval.
A.
Every structure or group of structures and uses and every designed
plot area or cluster unit having services, facilities or utilities
in common private usage and in common ownership or control by its
occupants or which functions as an independent corporate property
owner or agent of management shall be located upon and within a lot
or plot of land which shall be fully dimensioned and designated as
representing the area of responsibility and extent of such individual
or group ownership or management as may be established by ownership
in full or partial fee or for lease under deed, covenant, leas contract
or such other conditions of usage or occupancy legally established
and recorded therefor, and a description or plan of each such lot
or plot shall be filed separately or as part of the descriptive maps
of the development with the Township Tax Assessor. This requirement
may be satisfied by a master deed filed in connection with establishing
a condominium form of ownership for the development or apart thereof.
B.
The Township of Wayne may, at any time and from time to time, accept
the dedication of land, or any interest therein, for public use and
maintenance, but no land proposed to be set aside for common open
space shall be required to be dedicated or made available to public
use as a condition of the approval of a plan.
C.
The landowner shall provide for and establish an organization for
the ownership and maintenance or, if held under a condominium form
of ownership, for the maintenance alone, of any open space for the
benefit of residents of the development. Such organization shall not
be dissolved and shall not dispose of any open space, by sale or otherwise
(except to an organization conceived and established to own and maintain
the open spaces for the benefit of such development), without first
offering to dedicate the same to the Township or other government
agency.
D.
Failure to maintain common open space.
(1)
In the event that the organization established to own and/or
maintain common open space or any successor organization shall at
any time after establishment of the planned unit development fail
to maintain the common open space in reasonable order and condition
in accordance with the plan, the Administration may serve written
notice upon such organization or upon the residents and owners of
the development setting forth the manner in which the organization
has failed to maintain the common open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within thirty (30) days thereof and shall state the date
and place of a hearing thereon which shall be held within fourteen
(14) days of the notice. At such hearing, the Administration 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 modifications thereof shall
not be cured within said thirty (30) days or any extension thereof,
the Administration, in order to preserve the taxable values of the
properties within the development 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 (1) year. Said entry and
maintenance shall not vest in the public any rights to use the common
open space unless the Township agrees to the organization's willingly
and voluntarily dedicating said open space to the public by the residents
and owners. Before the expiration of said year, the Administration
shall, upon its initiative or upon the request of the organization
therefor responsible for the maintenance of the common open space,
call a public hearing, upon notice to such organization and the residents
and owners of the development, to be held by the Township Council,
at which hearing such organization or the residents and owners of
the development shall show cause why such maintenance by the Township
shall not, at the election of the Township, continue for a succeeding
year. If the Administration shall determine that such organization
is ready and able to maintain said common open space in reasonable
condition, the Township shall cease to maintain said common open space
at the end of said year. If the Administration 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 in a reasonable condition, the
Township may, in its discretion, continue to maintain said common
open space during the next succeeding year and subject to a similar
hearing and determination in each year thereafter. The decision of
the Administration in any case shall constitute a final administrative
decision subject to judicial review.
(2)
The cost of such maintenance by the Township shall be assessed
ratably against the properties within the development that have a
right of enjoyment of the common 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 within the development.
(3)
It is the intent of the Township that there shall be no subdivision
of the open space, wetlands or common areas from the property where
such areas were used in calculating the permitted density of the development,
whether or not such areas are separated from other areas of the development
by easement, driveways, roads, streets, buildings or natural barriers.
E.
As a condition of the approval of a proposed development, the municipal
agency shall require of the organization established or to be established
to own and/or maintain common open space, any other common areas or
elements or the structures located within the development that it
adopt certain binding rules and regulations or bylaws, not subject
to change without prior municipal agency approval, with respect to
ensuring the objectives and purposes of reasonable maintenance. Said
requirements of the municipal agency vary as to particular applications
and the buildings, structures and uses proposed therein; provided,
however, that any such variations of requirements may not be inconsistent
with each other. The following information and/or documents shall
be submitted prior to final approval being granted for any plan or
section thereof:
(1)
The time when the organization is created.
(2)
The form of the organization, whether a corporation, partnership,
trust or other.
(3)
The mandatory or automatic nature of membership in the organization
by residents or successors.
(4)
The liability of the organization for the insurance, taxes and
maintenance of all facilities.
(5)
Provision for the sharing of costs and assessments.
(6)
The capacity of the organization to administer common facilities
and preserve the benefits of common open space.
(7)
Whether members of the organizations are owners or tenants and
any distinctions between types of members, if any.
F.
Conditions of preliminary approval.
(1)
As a condition of preliminary approval of the development, the
municipal agency may permit the implementation of the plan in whole
or in sections or stages consisting of one or more sections or stages.
Such sections or stages shall be:
(a)
Substantially and functionally self-contained and self-sustaining
with regard to access, parking, utilities, open spaces and similar
physical features and shall be capable of substantial occupancy, operation
and maintenance upon completion of construction and development, and
no section shall exceed the overall maximum density permitted for
the entire plan unless such density is offset by a smaller concentration
in any completed prior stage or by an appropriate reservation of common
open space on the remaining land by a grant of easement or by covenant
which may be permitted by the approving agency in favor of the Township.
Such reservation shall, as far as practicable, defer the precise location
of such common open space until an application for final approval
is filed so that flexibility will be maintained.
(b)
Properly related to other services of the community as a whole
and to those facilities and services yet to be provided in the full
execution and implementation of the district in which planned until
development is permitted.
(c)
Provided with such temporary or permanent transitional features,
buffers or protective areas as the municipal agency may require under
conditions of ownership and maintenance as will prevent damage or
detriment to any completed section or stages and to adjoining properties
not in the planned unit development.
(2)
Plans and specifications of such sections or stages are to be
filed with the municipal agency and are to be of sufficient detail
and at such scale as to fully demonstrate the arrangement and site
locations of all structures, primary and accessory land uses, parking
landscaping, public and private utilities and service facilities and
land ownership conditions.
(3)
If an inclusionary development is constructed in sections or
stages, the section or stage shall contain a proportional number of
low- and moderate-income housing units as well as funds that may be
contributed in lieu of Mt. Laurel housing units not constructed on
site. The proportion shall relate to the approved total development.
G.
Notwithstanding the above provisions, the owner of a rental housing
development shall be responsible for the maintenance of all common
open space and facilities. However, all of the above provisions shall
apply to developments which may have been constructed as rental housing
upon conversion to housing for sale with common open space and/or
maintenance facilities or services. In any case, after reasonable
notification, should said organization not maintain the property in
keeping with the neighborhood standards and regulations of the Township,
the Township may remedy the infraction and place a lien against the
owner or the organization for the costs incurred.
A.
In the event of any conveyance or transfer of any undeveloped or
partially developed property within a planned development, the Planning
Board shall be given notice of such intended conveyance or transfer
prior to any actual transfer thereof. Such notice shall be accompanied
by the following information:
(1)
A precise description of the interest being transferred.
(2)
The obligations to be assumed by the transferee.
(3)
Abstract of any agreement entered into between the transferrer
and the transferee, signed by all parties.
(4)
An agreement that the transferee agrees to be bound by all of
the applicable provisions of prior Planning Board approvals.
(5)
Such other information as may be required by the Planning Board.
B.
The Planning Board, following receipt of such notice and supporting
information, shall consider the effect of the proposed conveyance
or transfer on the completion and implementation of any terms, conditions
and obligations imposed pursuant to the approvals granted by the Planning
Board and may require such additional assurances as it shall deem
necessary to protect the public interest and the integrity of the
plan of the approved planned development. The terms, conditions and
obligations of any Planning Board approvals shall be binding on the
original developer, their successors and assigns, provided that no
obligation, term or condition may be assigned without prior written
consent of the Planning Board and the posting of acceptable performance
guaranties by the proposed transferee.
[Added 2-15-2012 by Ord.
No. 6-2012]
A.
In Active Adult Dwelling Districts, no lot, plot, parcel or tract
of land shall be used and no building or other structure shall be
built, altered or erected to be used for any purpose other than that
of multifamily structures consisting of four (4) or more dwelling
units contained in separate or attached structures intended for and
limited to occupancy by adults, the single member of which or either
the husband or wife of which, or both, or any number of siblings or
unrelated individuals of which, or a parent of children of which,
is/are fifty-five (55) years of age or older and have no children
under eighteen (18) as members of their household or as otherwise
defined by the Social Security Act, as amended, and providing facilities
and services designed to meet the physical and social needs of such
person(s). This provision shall not apply to any resident manager
and family resident on the premises.
B.
Customary accessory buildings such as, but not limited to, a club
house, pool, exercise, and maintenance, equipment storage building(s).
A.
Minimum lot size: twenty (20) acres.
B.
Minimum lot width: two hundred fifty (250) feet.
C.
Maximum height of Active Adult structures shall not exceed two and
one-half (2 1/2) stories or thirty-five (35) feet in height except
where parking is provided beneath the building, in which case the
building height may be increased to forty (40) feet.
D.
Minimum setbacks.
(2)
Minimum rear yards: fifty (50) feet.
(3)
The minimum width of a side yard shall be not less than seventy-five
(75) feet where any single-family residential district adjoins an
Active Adult District and not less than forty (40) feet in all other
cases.
(4)
Distance between structures: The minimum distance between structures
shall be thirty (30) feet, except that where an access drive is located
between structures, the minimum distance between them shall be fifty
(50) feet.
(5)
Parking within setback areas shall be permitted.
E.
Maximum length of structures: No more than twenty (20) dwelling units
shall be contained in any one (1) continuous structure, and there
shall be no more than twelve (12) dwelling units in any unbroken building
line. A setback of not less than four (4) feet shall be deemed a satisfactory
break in the building line.
F.
Maximum density: ten (10) dwelling units per acre.
G.
Maximum lot coverage: dwelling structures shall not occupy more than
thirty percent (30%).
H.
Recreation space: At least twenty percent (20%) of the gross site
area shall be devoted to recreation areas, not including paved parking
and access drive areas. The areas set aside for recreation purposes
shall provide for common open spaces and facilities suitable to serve
the residents of the Active Adult development and shall include a
swimming pool and a multi-purpose building, which building shall be
at least ten (10) square feet in size for each dwelling unit. They
may include areas containing facilities for other active and passive
recreation activities as well as sitting areas.
I.
Minimum size of dwelling units: Every dwelling unit shall provide
living floor space in conformity with the following schedule:
|
Number of Rooms Exclusive of Main Living Room, Kitchen, Dinette
or Dining Room, Bathrooms and Closets
|
Minimum Living Floor Space Per Dwelling Unit
|
|---|---|
|
2
|
1,100 SF
|
|
2 + Den
|
1,200 SF
|
J.
Buffers.
(1)
Buffer areas shall be required along all property lines abutting
single-family detached residence districts except street frontages
and Township Parks. A fifty (50) foot landscaped buffer of deciduous
and coniferous plant materials shall be installed forming a one hundred
percent (100%) visually impervious buffer at a minimum height of five
(5) feet and maintained at a minimum height of not less than ten (10)
feet. This width can be reduced to no less than five (5) feet with
the provision of a one hundred percent (100%) visually impervious
screen or wall not less than five (5) feet in height of permanent
material, which is used to separate any contiguous single-family detached
residential zone. A free form earthen berm of a minimum height of
five (5) feet may be constructed, in which case the Planning Board
may lessen its requirement for plant materials.
(2)
Plant materials used in screen planting shall be at least five
(5) feet in height when planted and be of such density as determined
appropriate for the activities involved. The plant materials shall
be of a species common to the area, be of nursery stock and shall
be free of insects and disease.
(3)
Buffer areas shall be permanently maintained, and plant materials
that do not survive shall be replaced within one (1) year or one (1)
growing season.
(4)
The screen planting shall be so placed that, at maturity, the
plant material will be no closer than one (1) foot from any street
or property lines except as provided above.
K.
Maximum impervious coverage: fifty percent (50%).
L.
Minimum required common open space: forty percent (40%).
(1)
Included are all landscaped and open areas, including sidewalks
and recreational structures, such as clubhouses, tennis courts, swimming
pools and any other impervious surfaces which are provided as part
of recreational facilities; and
(2)
Not including buildings and paved parking areas (except as provided
above).
M.
Fence heights. Fencing shall be limited in height as set forth in
the Township fence ordinance, except for a fence associated with recreation
areas, which shall not exceed twelve (12) feet in height.
A.
Each dwelling unit must be equipped with central heating and air-conditioning
systems with independent controls for each. This requirement may be
waived by the municipal agency for good cause.
B.
Each dwelling unit shall contain its own washer and dryer.
C.
Each dwelling unit shall take care of and dispose of its garbage,
recyclable materials and refuse as does a single-family dwelling in
other residential districts; provided, however, that the association
shall have the right to manage and/or dispose of garbage of its development,
all in accordance with this article and applicable municipal codes
relating to garbage, recycling and health regulations. However, in
the case of rental housing, solid waste disposal and household recyclable
materials shall be the responsibility of the property owner. As an
alternate there shall be at least one (1) trash and garbage pickup
location provided for each forty (40) units which shall be totally
enclosed by a seven-foot-high masonry wall compatible with the architectural
styling of the building and landscaped with a gate or entry on one
(1) side. Such enclosure shall contain appropriate containers approved
by the appropriate Township Department for garbage and recycling.
D.
Plans shall be submitted showing pedestrian circulation, bicycle
paths, etc., proposed within the development.
E.
All electric and telephone utilities within the development shall
be placed underground.
F.
Lighting plans for the entire project (or any portion being approved)
shall be submitted for municipal agency approval.
A.
Every structure or group of structures and uses and every designed
plot area or cluster unit having services, facilities or utilities
in common private usage and in common ownership or control by its
occupants or which functions as an independent corporate property
owner or agent of management shall be located upon and within a lot
or plot of land which shall be fully dimensioned and designated as
representing the area of responsibility and extent of such individual
or group ownership or management as may be established by ownership
in full or partial fee or for lease under deed, covenant, lease contract
or such other conditions of usage or occupancy legally established
and recorded therefore, and a description or plan of each such lot
or plot shall be filed separately or as part of the descriptive maps
of the development with the Municipal Tax Assessor. This requirement
may be satisfied by a master deed filed in connection with establishing
a condominium form of ownership for the development or a part thereof.
B.
The Township of Wayne may, at any time and from time to time, accept
the dedication of land, or any interest therein, for public use and
maintenance, but no land proposed to be set aside for common open
space shall be required to be dedicated or made available to public
use as a condition of the approval of a plan.
C.
The landowner shall provide for and establish an organization for
the ownership and maintenance or, if held under a condominium form
of ownership, for the maintenance alone, of any open space for the
benefit of residents of the development. Such organization shall not
be dissolved and shall not dispose of any open space, by sale or otherwise
(except to an organization conceived and established to own and maintain
the open spaces for the benefit of such development), without first
offering to dedicate the same to the township or other government
agency.
D.
Failure to maintain common open space.
(1)
In the event that the organization established to own and/or
maintain common open space or any successor organization shall at
any time after establishment of the development fail to maintain the
common open space in reasonable order and condition in accordance
with the plan, the Administration may serve written notice upon such
organization or upon the residents and owners of the development setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition, and said notice shall
include a demand that such deficiencies of maintenance be cured within
thirty (30) days thereof and shall state the date and place of a hearing
thereon which shall be held within fourteen (14) days of the notice.
At such hearing, the Administration 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 modifications thereof shall not be cured within said
thirty (30) days or any extension thereof, the Administration, in
order to preserve the taxable values of the properties within the
development 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 (1) year. Said entry and maintenance shall not
vest in the public any rights to use the common open space unless
the township agrees to the organization's willingly and voluntarily
dedicating said open space to the public by the residents and owners.
Before the expiration of said year, the Administration 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 and the residents and owners
of the development, to be held by the Municipal Council, at which
hearing such organization or the residents and owners of the development
shall show cause why such maintenance by the Township shall not, at
the election of the Township, continue for a succeeding year. If the
Administration shall determine that such organization is ready and
able to maintain said common open space in reasonable condition, the
Township shall cease to maintain said common open space at the end
of said year. If the Administration 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 in a reasonable condition, Township may, in
its discretion, continue to maintain said common open space during
the next succeeding year and subject to a similar hearing and determination
in each year thereafter. The decision of the Administration in any
such case shall constitute a final administrative decision subject
to judicial review.
(2)
The cost of such maintenance by the Township shall be assessed
ratably against the properties within the development that have a
right of enjoyment of the common 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 within the development.
(3)
It is the intent of the Township that there shall be no subdivision
of open space, wetlands or common areas from the property where such
areas were used in calculating the permitted density of the development,
whether or not such areas are separated from other areas of the development
by easement, driveways, roads, streets, buildings or natural barriers.
E.
As a condition of the approval of a proposed development, the Planning
Board shall require of the organization established or to be established
to own and/or maintain common open space, any other common areas or
elements or the structures located within the development that it
adopt certain binding rules and regulations or bylaws, not subject
to change without prior municipal agency approval, with respect to
ensuring the objectives and purposes of reasonable maintenance. Said
requirements of the Planning Board vary as to particular applications
and the buildings, structures and uses proposed therein; provided,
however, that any such variations of requirements may not be inconsistent
with each other. The following information and/or documents shall
be submitted prior to final approval being granted for any plan or
section thereof:
(1)
The time when the organization is created.
(2)
The form of the organization, whether a corporation, partnership,
trust or other.
(3)
The mandatory or automatic nature of membership in the organization
by residents or successors.
(4)
The liability of the organization for the insurance, taxes and
maintenance of all facilities.
(5)
Provision for the sharing of costs and assessments.
(6)
The capacity of the organization to administer common facilities
and preserve the benefits of common open space.
(7)
Whether members of the organizations are owners or tenants and
any distinctions between types of members, if any.
F.
Conditions of preliminary approval.
(1)
As a condition of preliminary approval of the development, the
municipal agency may permit the implementation of the plan in whole
or in sections or stages consisting of one (1) or more sections or
stages. Such conditions or stages shall be:
(a)
Substantially and functionally self-contained and self-sustaining
with regard to access, parking, utilities, open spaces and similar
physical features and shall be capable of substantial occupancy, operation
and maintenance upon completion of construction and development, and
no section shall exceed the overall maximum density permitted for
the entire plan unless such density is offset by a smaller concentration
in any completed prior stage or by an appropriate reservation of common
open space on the remaining land by a grant of easement or by covenant
which may be permitted by the approving agency in favor of the municipality.
Such reservation shall, as far as practicable, defer the precise location
of such common open space until an application for final approval
is filed so that flexibility will be maintained.
(b)
Properly related to other services of the community as a whole
and to those facilities and services yet to be provided in the full
execution and implementation of the district in which planned until
development is permitted.
(c)
Provided with such temporary or permanent transitional features,
buffers or protective areas as the Planning Board may require under
conditions of ownership and maintenance as will prevent damage or
detriment to any completed section or stages and to adjoining properties.
(2)
Plans and specifications of such sections or stages are to be
filed with the Planning Board and are to be of sufficient detail and
at such scale as to fully demonstrate the arrangement and site locations
of all structures, primary and accessory land uses, parking, landscaping,
public and private utilities and service facilities and land ownership
conditions.
G.
Notwithstanding the above provisions, the owner of a rental housing
development shall be responsible for the maintenance of all common
open space and facilities. However, all of the above provisions shall
apply to developments which may have been constructed as rental housing
upon conversion to housing for sale with common open space and/or
maintenance facilities or service. In any case, after reasonable notification,
should said organization not maintain the property in keeping with
the neighborhood standards and regulations of the township, the township
may remedy the infraction and place a lien against the owner or the
organization for the costs incurred.
H.
Recreation. Recreation areas provided within the development are
only for the use of its residents and their guests.
[Added 8-19-2020 by Ord.
No. 26-2020; amended 8-19-2020 by Ord. No. 31-2020]
Whereas, the Township of Wayne recognizes that the State of
New Jersey has determined that municipalities have an obligation to
create a realistic opportunity for the creation of affordable housing
within the Township; and whereas, the Township of Wayne has identified
properties and locations to assist in meeting its Round Three and
Gap Period Obligations and hereby creates and establishes the Mount
Laurel Round Three Districts ("MLR3D"). The purpose of the MLR3D is
to provide for the realistic opportunity for the development of housing
for families with low and moderate incomes as required by the New
Jersey State Supreme Court in Southern Burlington County, NAACP v.
Township of Mount Laurel, 92 N.J. 158 (1980), the Fair Housing Act,
N.J.S.A. 52:27D-301 et seq., and the Wayne Township Fair Share Housing
Plan as approved by the Superior Court of the State of New Jersey
in the case entitled "In the Matter of the Application of the Township
of Wayne," Docket No. PAS-L-2396-15 (3rd Round).
These regulations shall apply only to those properties designated within the MLR3D. The below-listed permitted uses and general development standards shall apply to all such designated properties. All applicable Township ordinances, including Chapter 134 (except as explicitly exempted), shall be enforced with respect to these developments. Notwithstanding the foregoing, the Planning Board may relax the provisions of Article V of this chapter to the extent required to allow for conformance with the density of development specified in the Wayne Township Fair Share Housing Plan as it relates to the subject inclusionary site.
A.
All inclusionary housing developments built in accordance with this section shall contain a mandatory set-aside of affordable housing as an inclusionary development permitted under § 134-55, Mount Laurel Round Three Districts, of at least 15% of the total for-rent residential units and at least 20% of the total for-sale residential units developed pursuant to the Settlement Agreements for the properties as noted herein, which must be affordable to low- (including very-low-) and moderate-income households. In the event that the required 15% or 20% of the total number of residential units does not result in a full integer, the developer shall round up to the nearest full integer. The percentage of units required to be set aside will be specific within each MLR3D District based on whether the development is proposed to be for sale or for rent.
B.
The inclusionary affordable units shall be developed and administered in accordance with the Fair Housing Act, N.J.S.A. 527D-301 et seq., COAH's rules and UHAC at N.J.A.C. 5:80-26.1, and as required under Chapter 213, Affordable Housing Regulations, of the Code of the Township of Wayne. Such requirements include, but are not limited to, the following:
(1)
Income distribution:
(a)
50% of the total number of affordable units (rounded up) provided
as affordable to low-income households.
(b)
13% of the total number of affordable units (rounded up) provided
as affordable to very-low-income households. This percentage may be
included in the calculation of the 50% low-income set-aside.
(c)
The balance of units shall be reserved for moderate-income households.
(d)
Each income level (very low income, low income, moderate income)
shall be proportionally allocated across each unit size (number of
bedrooms).
(2)
Bedroom distribution of units not age-restricted:
(a)
No more than 20% of all affordable units shall be composed of
efficiency and one-bedroom units.
(b)
At least 30% of all low- and moderate-income affordable units
shall be composed of two-bedroom units.
(c)
At least 20% of all low- and moderate-income affordable units
shall be composed of three-bedroom units.
(d)
Phasing of affordable units: conformance with N.J.A.C. 5:93-5.6(d).
(e)
Affirmative marketing requirements: N.J.A.C. 5:80-26.14 to 5:80-26.17.
All approvals by the Township Council, municipal agency or any
municipal entity for any development within the districts shall contain
a condition that full compliance with the applicable court order is
a nonseverable, continuing condition of said approval. Submission
of the court order applicable to each district shall be a prerequisite
to a determination of completeness of any development application.
This provision shall be nonseverable from this chapter.
A.
Mount Laurel Round Three District-1 Subdistrict A.
(1)
Uses.
(b)
Accessory uses:
[1]
Uses and buildings customarily incidental to the
above permitted uses and located on the same lot as the principal
use to which they are accessory.
[2]
Playground.
[3]
Surface parking.
[4]
Signs (subject to limitations appearing in the
Township Code and to be determined upon site plan review).
[5]
Fences and walls.
[6]
Temporary sales and construction trailers.
[7]
Sales signs and banners pursuant to § 134-68I(2),
except that the main residential sales sign for the overall development
shall not exceed a maximum of 40 square feet.
(2)
Minimum lot area: 20 acres, inclusive of any new streets, public
or private.
(4)
Minimum affordable housing set-aside: 20%.
(5)
Residential bulk requirements.
(a)
Minimum yard setbacks:
[1]
Building setback (exclusive of an open porch, steps,
overhanging eaves, cornices, chimneys, and bay windows, but including
garage) to inside edge of sidewalk: 20 feet.
[2]
From building projections, including exceptions
noted above, to inside edge of sidewalk: 15 feet.
[3]
To any lot line: 30 feet.
[4]
To Paterson Hamburg Turnpike: 100 feet.
(6)
Site development requirements.
(a)
Maximum impervious coverage: 30%.
(b)
Common space: one tot lot play area, inclusive of seating and
play structure(s), is required.
(c)
Buffers: There shall be a minimum of a thirty-foot vegetative buffer between the southern boundary of the MLR3D-1 Zone and the adjacent parcels that have frontage along Surrey Drive, which shall provide for an opaque visual shield in accordance with § 134-86. No structures, streets, recreation areas such as playgrounds, or parking areas are permitted in the buffer area. The buffer area may be included in the required building setback area to the exterior tract property lines referenced above. The buffer area may include fencing to a height permitted by ordinance.
(7)
Exemption from limitations on development.
(a)
Development in the MLR3D-1 Zone is exempt from the standards
set forth in the following sections to the extent necessary to implement
the Settlement Agreement and to reduce cost-generative measures:
[1]
Section 134-91.2 (Calculation of number of building lots for subdivisions and the number of units for site plans), which adjusts the number of units permitted in a site plan;
[3]
Section 134-96.4 (general requirements to regulations for slope and soil disturbance), which adjusts maximum allowable site disturbance;
[5]
Development in the MLR3D-1 is subject to the requirements of § 134-91.4 (Tree removal), except that trees over 18 inches in caliper within the area of disturbance may be removed; an estimate of trees over eight inches in caliper shall be required, but a precise count shall not be required and no fee in lieu shall be assessed.
[Amended 12-7-2022 by Ord. No. 54-2022]
A.
B.
Minimum tract size. A minimum gross tract acreage of 89 acres shall
be required, with the exception of the creation of up to a maximum
of eight R-15 conforming lots that may be located within the said
gross tract. The "tract" as referred to in this zone shall be defined
as the entire property excluding the portion of the tract rezoned
to the R-30 Zone District as identified in the Amended Settlement
Agreement dated November 28, 2022, with AG-RW Wayne Owner, LLC.
C.
Minimum affordable housing set-aside: 20%.
D.
Permitted development yield: Maximum number of units shall be 445
units.
E.
Residential bulk requirements.
(1)
Detached dwelling requirements: Detached dwellings may be constructed
in accordance with the R-15 Medium Density Residential District bulk
requirements. Access and utilities to these lots shall be permitted
from a private driveway/roadway within the tract, subject to all required
access and utility easement rights for the continued use of said single-family
lots. Upon subdivision approval, the detached single-family lots shall
be permitted, developed, maintained and used in accordance with the
R-15 zone bulk requirements. Construction of the dwellings and any
proposed additions or modifications to the detached dwellings shall
not require a Site Plan or Amended Site Plan for the entire tract.
Such construction shall be addressed in a manner consistent with all
other R-15 zoned properties, via Zoning Permit, and if necessary,
variance consideration by the Zoning Board of Adjustment. Single Family
detached units developed within the MLR3D-2 district shall not exceed
eight units.
(2)
Multifamily-flat, townhouse or townhouse-flat bulk requirements:
(c)
Preservation of vegetation.
[1]
All shrubs and trees located within the required
buffer from property lines shall be preserved and shall not be removed,
except as follows:
[a]
A letter prepared by a licensed tree expert, a
New Jersey certified arborist, or a licensed tree care operator, describing
the reason for removal of vegetation, shall be submitted to the Supervisor
of Landscape and Park Design for review and approval.
[b]
Reasons for removal of landscaping may include
the health of the landscaping, the presence of invasive species, or
similar reasons.
[c]
Removal of vegetation may be subject to replacement per the requirements of § 134-91, except that in accordance with the applicable Settlement Agreement between and among the Township of Wayne and its Planning Board and Wayne Property Holdings, LLC., dated January 16, 2020 (without limitation Section 4.4.2), "In the Matter of the Application of the Township of Wayne," Docket No. PAS-L-2396-15, as amended, trees of 18 inches in caliper located within the area of disturbance are permitted to be removed; an estimate of trees over eight inches in caliper shall be required of the developer, but no precise count of trees shall be required and no replacement or in-lieu fee shall be assessed on account of such tree removal.
[d]
Removal of vegetation shall be permitted where
such removal is necessitated by construction activities required for
roadways and utility lines that cross the perimeter tract boundary
and for construction activities required for construction, repair,
and maintenance of retaining walls located within or adjacent to the
25-foot buffer area. Such removal of vegetation shall be minimized
and restoration of vegetation shall be maximized to the greatest extent
feasible given the purpose for the removal.
(3)
G.
Site development requirements.
(2)
Parking, retaining walls and roadways shall be allowed within setback
areas and shall be permitted within buffer areas only as specifically
permitted herein. Placement of temporary construction and storage
trailers shall be allowed within setback areas during construction
of the project.
(3)
Parking: Parking shall be provided pursuant to R.S.I.S. requirements.
(4)
Buffer areas. Buffer areas as herein defined shall be required and all perimeter tract lot lines shall be 25 feet in width in accordance with § 134-86 requirements. Exceptions to the required buffer area shall apply to areas extending 25 feet from:
(a)
Perimeter tract lot lines along Alps Road, Olga Court, Seth Court,
and Ratzer Road;
(b)
Where roads or utilities cross the perimeter tract lot lines; or
(c)
Where construction, repair, or maintenance of retaining walls require
disturbance of vegetation within the 25-foot buffer area. Where permitted,
vegetation removal within the 25-foot buffer area for roadway construction,
utility construction, or grading activities occurs, restoration plantings
shall be provided within the 25-foot buffer area or to the limit of
the roadway or utility crossing if applicable.
(5)
Site design: The configuration of residential buildings, recreation
facilities, roadways, and other improvements shall be substantially
consistent with the concept plan adopted as part of the Amended Settlement
Agreement between the Township of Wayne, the Township of Wayne Planning
Board and AG-RW Wayne Owner, LLC dated November 28, 2022.
H.
Exemptions.
(1)
Notwithstanding the foregoing provisions, a developer within
the MLR3D-2 District shall be permitted to construct the affordable
units in separate buildings that may contain all the affordable units,
provided that such buildings are located within the same overall project
as market-rate units.
(2)
A "story" shall conform with the definition of "story" as contained in § 134-2, except a basement shall be considered as a story where the finished surface of the floor above the basement is more than four feet above the finished grade for 60% or more of the total building perimeter.
(3)
The height limitations contained in § 134-66.A(1)
shall not apply to exposed rockface walls where rockface walls are
retaining soil and/or rock to the top of the exposed rockface.
[Added 4-7-2021 by Ord. No. 11-2021]
A.
Permitted uses: A combination of the following uses are permitted:
(1)
All uses permitted in the B-Business District; multiple buildings,
including multiple principal buildings, on the same lot shall be permitted;
(2)
Residential dwelling, a single multi-family building shall be
permitted.
(3)
Said Business District Uses [(1), above] and said Residential
Dwelling [(2), above] shall be permitted simultaneously on the same
lot.
B.
Permitted accessory uses.
(1)
Uses and buildings customarily incidental to the above permitted
uses and located on the same lot as the principal use to which they
are accessory.
(2)
Playgrounds.
(3)
Parking.
(4)
Signs (subject to limitations appearing in the Township Code
and to be determined upon site plan review).
(5)
Fences and walls.
(6)
Temporary sales and construction trailers.
(7)
Sales signs and banners pursuant to § 134-68.1I(2), except that the main residential sales sign for the overall development shall not exceed a maximum of 40 square feet.
(8)
Street furnishings, planters, courtyards, and exterior, garden-type
shade structures.
(9)
Indoor and outdoor recreational facilities, including but not
limited clubhouses, swimming pools, tennis courts, jogging paths,
dog runs, play lots, and similar recreation amenities.
(10)
Light fixtures.
(11)
Refuse collection areas.
C.
Bulk requirements.
(3)
Dwelling, multi-family requirements.
(a)
Minimum setbacks:
[1]
From Hamburg Turnpike public right-of-way: 750
feet.
[2]
From Alps Road public right-of-way: 20 feet.
[3]
From cartway (as measured from face of curb): 15
feet.
[4]
Exemption from setbacks: A maximum number of 132
balconies may permitted to extend no more than six feet from the principal
facade of the building, despite any applicable setbacks.
E.
Parking: Parking shall be provided pursuant to RSIS requirements.
Shared parking as between the said Business District use and the said
residential dwelling shall be permitted so long as no parking required
for the said Business District uses shall include the use of any parking
spaces located within any parking garage that is associated with the
residential dwelling; the parking requirements (i.e., calculations)
established by the Institute of Traffic Engineers, or other acceptable
traffic engineering handbook, may be used to establish the parking
requirements for the lot.
F.
Residential design recommendations:
(1)
Ground floor units shall have individual outdoor entrances.
(2)
Street trees: Planted at least every 50 feet on center along
rights-of-way and internal streets.
(4)
HVAC: PTAC units are not recommended.
(5)
Benches and seating: encouraged along sidewalks and park/plaza
areas.
(6)
Open space: A park should be included along the eastern side
of the residential building including pathways, landscaping, and seating.
Playground area, splash pad, other recreational equipment and/or dog
run may be included.
G.
Site design: The configuration of residential buildings, recreation
facilities, roadways, and other improvements shall be substantially
consistent with the concept plan adopted as part of the settlement
agreement between the Township of Wayne, the Township of Wayne Planning
Board, and Wayne PSC, LLC dated November 25, 2020.
H.
Exemptions:
(1)
The 20% affordable set-aside requirement for for-rent units established in § 134-54.3 shall not apply within the MLR3D-3 and instead shall be 15%.
(2)
Parking, retaining walls and roadways shall be allowed within
setback areas except as restricted under the buffer requirements.
Placement of temporary construction and storage trailers shall be
allowed within setback areas during construction of the project.
[Added 3-3-2021 by Ord. No. 9-2021]
A.
Uses:
(2)
Permitted principal uses. The following shall be permitted principal
uses on that portion of the MLR3D-4 district encompassed by Block
3101, Lots 12 and 13.
(a)
Retail establishments.
(b)
Retail services.
(c)
Restaurants and drive-through restaurants.
(d)
Shopping centers.
(e)
Professional offices.
(f)
Hotels.
(g)
Indoor amusement and indoor recreation.
(h)
Self-storage facilities.
(i)
Banks and financial institutions.
(j)
Private schools.
(k)
Child-care centers.
(l)
Adult day care.
(m)
Assisted living, memory care, and CCRC facilities.
(n)
Health clubs and spas.
(o)
Any other non-residential uses similar to those listed in paragraphs
(a) through (m) above.
(3)
Accessory uses. Uses considered to be customary and incidental
to the permitted principal use, including, but not limited to:
(a)
Community clubhouse and recreational facilities accessory to
a permitted residential use. Recreational facilities may include a
swimming pool, basketball courts, tennis courts, other sport courts,
fitness centers, community rooms, business centers, playground equipment,
pet parks, courtyards and patios, trails and paths, rooftop terraces,
gazebos and shade structures, spas, fire pits, and other similar recreational
uses. Community clubhouse and recreational facilities may be shared
between any permitted use in the MLR3D-4 district, whether on-site
or off-site.
(b)
Garages, parking decks and multi-level parking structures.
(c)
Surface parking lots.
(d)
Fences and walls.
(e)
Loading facilities.
(f)
Stormwater management facilities.
(g)
Sheds and storage facilities.
(h)
Trash and recycling facilities.
(i)
Temporary management, leasing, sales, storage and construction
trailers.
(j)
Permanent management offices, leasing and sales offices, and
uninhabited model apartments, which shall not count toward density
calculations.
(k)
Utility structures and facilities.
(l)
Signs (permanent and temporary).
B.
Minimum lot size: The minimum lot size on that portion of the MLR3D-4
district encompassed by Block 3103, Lots 16 and 19 shall be three
acres. The minimum lot size on that portion of the MLR3D-4 district
encompassed by Block 3101, Lots 12 and 13 shall be one acre.
C.
Minimum affordable housing set-aside: 15% of all residential units
constructed must be non-age-restricted family affordable units reserved
for very-low-, low-, and moderate-income households in accordance
with the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C.
5:80-26.1, et seq., and the New Jersey Fair Housing Act ("FHA"), N.J.S.A.
52:27D-301, et seq., subject to the following conditions:
(1)
The income distribution of the affordable units shall fully
comply with UHAC, with the exception that 13% of the total number
of affordable units shall be very-low-income units affordable to and
reserved for households at or below 30% of area median income and
these very-low-income units shall be distributed within each bedroom
distribution.
(2)
The bedroom distribution of the affordable units shall be 35%
3-bedroom units and 65% two-bedroom units, e.g., 25 three-bedroom
units and 46 two-bedroom units if all 473 units are constructed. None
of the affordable units shall be one-bedroom units.
(3)
The affordable units may be located in multifamily residential
dwellings at the discretion of the developer; however, the affordable
units shall be integrated with the market-rate units.
(4)
The affordable units shall be governed by controls on affordability
in conformance with UHAC, which requires affordable units to be deed
restricted for a period of at least 30 years from the date of initial
occupancy.
(5)
The affordable units shall be affirmatively marketed in accordance
with applicable law, including posting of all affordable units on
the New Jersey Housing Resource Center website.
(6)
Construction of the affordable units shall be phased in accordance
with the schedule set forth in N.J.A.C. 5:93-5.6(d).
D.
Maximum permitted development yield: The maximum number of housing
units on that portion of the MLR3D-4 district encompassed by Block
3103, Lots 16 and 19 shall be 473 units. There shall be a minimum
of 40 Attached Residential and/or Stacked Residential Dwelling units
on Block 3103, Lot 19.
E.
Residential bulk requirements: Development of that portion of the
MLR3D-4 district encompassed by Block 3103, Lots 16 and 19 shall meet
the following requirements:
(2)
Minimum principal building setbacks from property lines:
(a)
Front yard for Multi-Family Residential: 50 feet.
(b)
Front yard for Attached/Attached and Stacked Residential: 25
feet.
(c)
Side yard: 15 feet.
(d)
Rear yard: 15 feet.
(e)
All principal building setbacks shall be exclusive of open porches,
decks, steps, overhanging eaves, cornices, chimneys and bay windows
and similar structures.
(4)
Building heights:
(a)
Multi-Family Residential: Maximum of 65 feet and 4.5 stories.
(b)
Attached and Stacked Residential: Maximum of 45 feet and 3.5
stories.
(c)
Accessory buildings, including attached clubhouses: Maximum
of two stories and 40 feet.
(d)
Garages, parking decks and multi-level parking structures: 65
feet.
(e)
For all residential buildings and accessory buildings within
the MLR3D-4 district, building height, as measured in feet and stories,
shall be measured from finished grade directly adjacent to the building
to the mean of the sloped roof at the same point where the finished
grade is measured.
(7)
Other residential requirements:
(a)
Parking, retaining walls and roadways shall be allowed within
building setback areas.
(b)
Placement of temporary management, leasing, sales, construction and storage trailers and temporary sales, leasing and construction signage shall be allowed anywhere within the MLR3D-4 district, including building setback and buffer areas in accordance with § 134-54.8E(7)(d), during construction of the project.
(c)
Parking: minimum parking requirements: Required parking for
this development will be at a minimum of 1.75 parking spaces per dwelling
unit. This standard may require a de minimis exception from the standards
contained in the Residential Site Improvement Standards adopted by
New Jersey, however it will not require variance relief from the Planning
Board. The Planning Board shall grant a de minimis exception permitting
a minimum parking ratio of 1.75 parking spaces per dwelling unit upon
the submission of a parking analysis which supports the requested
downward departure from Residential Site Improvement Standards.
(d)
Buffer areas. Buffer areas as herein defined shall be required along all perimeter tract lot lines and shall be 10 feet in width in accordance with § 134-86 requirements. All buffer requirements are included within, and not in addition to, any applicable setback requirement, if any.
(e)
Site design: The configuration of residential buildings, recreation
facilities, roadways, and other improvements may be similar with the
concept plans adopted as part of the AvalonBay Settlement Agreement.
However, the concept plan had not been engineered and the time of
the AvalonBay Settlement Agreement and the plan submitted for site
plan approval may be changed by the developer in accordance with the
standards for the MLR3D-4 district.
(f)
One monument sign shall be permitted at each vehicular access
to a public roadway. One additional monument sign shall be permitted
on each lot at the corner of Valley Road and Barbour Pond Road. Each
monument sign may be two-sided and shall be a maximum height of six
feet and a maximum width of 12 feet. Monument signs may be externally
illuminated.
F.
Nonresidential bulk requirements: Development of that portion of
the MLR3D-4 district encompassed by Block 3101, Lots 12 and 13 shall
meet the following requirements:
G.
Exemption from limitations on development: Development in the MLR3D-4
zone is exempt from the standards set forth in the following sections
to facilitate the implementation of the AvalonBay Settlement Agreement
and to reduce cost-generative measures in accordance with N.J.A.C.
5:93-10:
(1)
§ 134-91.2, (Calculation of number of building lots for subdivision and the number of units for site plans) which adjusts the number of units permitted in a site plan;
(3)
§ 134-96.4, (General requirements to regulations for slope and soil disturbance which adjust maximum allowable site disturbance);
(6)
§ 134-66A(1), (Fence and wall height regulations for residential districts);
(10)
134-10.3, (Stream and maintenance fees); and
(11)
134-10.4, (Soil removal permit fee).
[Added 12-1-2021 by Ord. No. 40-2021]
A.
20% Affordable
Housing Set-Aside. A twenty percent (20%) mandatory affordable housing
on-site set-aside requirement shall apply beginning with the effective
date of this ordinance[1] to any residential development, including the residential
portion of a mixed-used project, which consists of five (5) or more
new residential units at six (6) units per acre or higher, or equivalent,
which results, in whole or in part, from: (1) a municipal rezoning
or zoning amendment; (2) any variance pursuant to N.J.S.A. 40:55D-70(d),including
but not limited to any use variance or a density variance increasing
the permissible density or FAR; and (3) the adoption of a new or amended
redevelopment plan or rehabilitation plan.
[1]
Editor's Note: Adopted December 1, 2021 by Ord. No. 40-2021.
B.
The foregoing
set-aside requirements do not apply to any affordable housing inclusionary
development zone(s) in an approved Housing Element and Fair Share
Plan, which zone(s) shall be instead governed by the set-aside requirements
for the applicable zone(s) or redevelopment area(s).
C.
All subdivision
and site plan approvals of qualifying developments shall be conditioned
upon compliance with the provisions of the mandatory affordable housing
set-aside.
D.
No subdivision
shall be permitted or approved for the purpose of avoiding compliance
with the mandatory affordable housing set-aside. A developer may not,
for example, subdivide a project into two lots and then plan each
of them to produce a number of units below the threshold. The approving
authority may impose any reasonable conditions to ensure such compliance.
E.
In the
event the number of affordable housing units to be provided includes
a fraction, the number of affordable housing units to be provided
shall be rounded up if the fractional amount is 0.5 or greater and
rounded down if the fractional amount is less than 0.5. In the event
that said fractional amount is less than 0.5, the developer shall
provide a payment in lieu of constructing affordable units for the
fraction of a unit less than 0.5. The payment in lieu shall be based
on the amounts established in N.J.A.C. 5:97-6.4(c).
F.
All affordable
units created shall fully comply with the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), including but not limited
to the required bedroom and income distribution, with the sole exception
that thirteen percent (13%) of the affordable units within each bedroom
distribution shall be required to be restricted for very-low income
households earning thirty percent (30%) or less of the median income
pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA").
G.
Affordable
units shall be integrated with the market-rate units, and the affordable
units shall not be concentrated in separate building(s) or in separate
area(s) or floor(s) from the market-rate units. In buildings with
multiple dwelling units, this shall mean that the affordable units
shall be generally distributed within each building with market-rate
units. The affordable units shall also be of the same type as the
market-rate units (e.g., if the market-rate units are non-age-restricted
family units, the affordable units shall be non-age-restricted family
units, as well). The residents of the affordable units shall have
full and equal access to all of the amenities, entrances, common areas,
and recreation areas and facilities as the residents of the market-rate
units.
