Article IV sets forth regulations for the development or change in use of all buildings, structures or uses. Any deviation proposed from the use and bulk requirements of this article shall require a variance pursuant to N.J.S.A. 40:55D-70.
A.
Except for lots which have been legally created since adoption of
this chapter, whenever title to two or more contiguous lots is held
by the same owner, regardless of whether or not each of said lots
may have been approved as portions of a subdivision or acquired by
separate conveyance or by other operation of law, and one or more
of the individual lots does not conform with the minimum lot area
and dimension requirements for the zone in which it is located, the
contiguous lots of said owner shall be considered a single lot.
B.
Whenever the owner of a lot existing at the time of adoption of this
chapter has dedicated or conveyed land to the municipality in order
to meet the minimum street width requirement of the Official Map,
Residential Site Improvement Standards or Master Plan of the Township,
the Construction Official shall issue building and occupancy permits
for the lot whose depth and/or areas are rendered substandard because
of such dedication and where the owner has no other adjacent lands
to provide the minimum requirements.
C.
In the R-45 and R-30 districts, where a lot does not meet the area
and width requirements for the district but has an existing dwelling
thereon, a lot area of at least 10,000 square feet and a minimum lot
width of at least 100 feet, the existing single-family dwelling may
have an addition, subject to the following conditions:
(1)
Such addition shall not violate any of the yard and floor area
ratio requirements set forth for this district.
(2)
Nothing in shall prevent, on lots having a depth of 135 feet
or less, the construction of an open porch or deck without a roof,
up to 225 square feet in area, in a rear yard, provided that in no
case shall such open porch or deck be closer to a rear lot line than
60 feet.
D.
In the R-15 district, where a lot does not meet the area and width
requirements for the district but has an existing dwelling thereon,
a lot area of at least 5,000 square feet and a minimum lot width of
at least 50 feet, the existing single-family dwelling may have an
addition, subject to the following conditions:
(1)
Such addition shall not violate any of the yard and floor area
ratio requirements set forth for this district.
(2)
Nothing in this subsection shall prevent, on lots having a depth
of 135 feet or less, the construction of an open porch or deck without
a roof, up to 225 square feet in area, in a rear yard, provided that
in no case shall such open porch or deck be closer to a rear lot line
than 35 feet.
A.
The right to operate and maintain any nonconforming structure shall
terminate and shall cease to exist whenever the nonconforming structure
is damaged or removed in any manner, and from any cause whatsoever,
and the replacement cost exceeds 50% of the cost of such structure
on the date of such damage, exclusive of value of land. Value shall
be determined by the Township Construction Official in consultation
with the Zoning Officer and Tax Assessor.
[Amended 2-15-2012 by Ord. No. 6-2012]
B.
Repairs and maintenance work required to keep a structure in sound
condition may be made to a nonconforming structure containing a nonconforming
use. However, no nonconforming structure or structure containing a
nonconforming use shall be enlarged, extended, constructed, intensified
reconstructed or structurally altered in any manner without appeal
for variance relief.
A.
All dwelling units, except as otherwise provided for in this ordinance,
shall be equipped and maintained with at least 1 accessory garage
having not less than 231 square feet in floor area. Such garage may
be attached to or built into the dwelling unit or separately constructed
as hereinafter provided in this section.
B.
Every dwelling unit, except as otherwise provided for in this ordinance,
hereafter erected shall be provided with a driveway improved with
asphalt (alternatively known as "bituminous concrete"), paving stone,
brick paver, concrete or similar surface. Gravel driveways shall not
be permitted. Any driveway entering onto a street which has an existing
right-of-way of 60 feet or more or which is shown on the Map of Streets
of Wayne Township as having a proposed width of 60 feet or more shall
provide turnaround space of sufficient area to allow cars to turn
around in order to permit entrance onto such thoroughfares frontwards.
Driveway grades shall adhere to the following: 1% minimum to 12% maximum.
Residential driveways shall be a minimum of three (3) feet from the
side property lines.
[Amended 2-15-2012 by Ord. No. 6-2012; amended 6-19-2013 by Ord. No. 22-2013; Ord.
No. 36-2016]
C.
Every dwelling unit, except as otherwise provided for in this ordinance,
shall be provided with a minimum of two off-street accessory parking
spaces.
D.
Accessory buildings, structures and uses shall be permitted only
on the same lot as the principal building to which they are accessory.
E.
Accessory buildings, structures and uses shall not be used such as
to alter the character of the premises on which they are located and,
except for accessways to accessory parking or loading areas from an
adjoining street, shall not encroach upon any front, side or rear
yard unless otherwise permitted in this chapter.
F.
On a property zoned or used for single-family residential, accessory
garage lot coverage area shall not exceed 700 square feet.
G.
On single-family residential lots, the total lot coverage of all
accessory buildings located on the property, including accessory garage
area, shall not exceed seven percent of the total lot area or 1,000
square feet, whichever is less.
[Amended 2-15-2012 by Ord. No. 6-2012]
H.
Locations:
(1)
Accessory structures shall be located in a rear yard. No portion
shall extend into a front or side yard, except on corner lots, as
provided in paragraph 2 below.
(2)
In the case of a corner lot, said accessory structures shall
be permitted in 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. Further, accessory structures
shall also be permitted in that portion of the side yard that is between
(1) a line drawn to extend the rear wall of the principal structure
(extending to the associated side property line facing the side wall
of the principal structure) and (2) the side property line that is
parallel to the rear wall of the principal structure.
In the case of a corner lot on which the house is catty corner
to the intersecting streets, said portion of the side yard wherein
accessory structures shall be permitted shall be between (1) lines
drawn to extend from the rear-most corners of the principal structure
to the closest points of the associated side yard lines and (2) the
remainder segments of those side yard lines (thereby forming a polygon
at the back of the principal structure). In no case shall said uses,
or any portion, fall within a front yard.
I.
On properties zoned or used for single-family residential, there
shall be no more than 2 accessory structures per property, however
detached garages shall not be included for the purpose of this provision.
J.
On single-family residential lots, pool filters, HVAC units and generators
shall not be placed in a front yard except that on corner lots, pool
filters, HVAC units and generators may be placed in a front yard provided
that said unit(s) is placed along the side wall of the principal structure.
[Amended 2-15-2012 by Ord. No. 6-2012; Ord. No. 39-2014 § 3]
M.
Electric
vehicle service equipment:
[Added 9-21-2022 by Ord. No. 41-2022]
(1)
EVSE and Make-Ready Parking Spaces are permitted accessory structures per Chapter 74, Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Parking Spaces, subject to the standards of Chapter 74, Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Parking Spaces, as follows:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations.
(2)
EVSE and Make-Ready Parking Space Locational and Dimensional
Requirements.
(a)
EVSE and Make-Ready Parking Spaces shall be permitted in the
front and side yards, in commercial, institutional, multi-family,
or mixed use districts.
(b)
EVSE and Make-Ready Parking Spaces shall be set back a minimum
of 10 feet from any property line.
(c)
May not be located in a line-of-site triangle in accordance
with American Association of State Highway and Transportation Officials
(AASHTO) design recommendations for intersection sight distances/sight
triangles.
(d)
EVSE shall not be located in such a way as to cause parking spaces to fail to conform to dimensional requirements of Section 134-72.2. In the case of existing parking spaces that do not conform to the dimensional requirements of Section 134-72.2, EVSE shall not be located in such a way as to intensify the nonconformity.
(3)
EVSE and Make-Ready Parking Space Screening Requirements: Electric
support equipment (ie. transformers, but not the actual charging station)
shall be screened by fencing or landscaping. Equipment and fencing
shall be no higher than six feet.
A.
Personal communications antenna, as defined in Article I of this chapter, shall be considered accessory uses in all zones.
B.
Personal communications antenna utilized by an individual or association
duly licensed in the Citizens Radio Service under 47 C.F.R., Part
95 of the regulations of the Federal Communications Commission, or
any amendment, revision or substitution thereof, shall not exceed
a height of 60 feet or any lower height limitation that may from time
to time be prescribed by federal law for such radio service.
C.
Personal communications antenna utilized by an individual or association
duly licensed in the Citizens Radio Service under 47 C.F.R., Part
97 of the regulations of the Federal Communications Commission, or
any amendment, revision or substitution thereof, shall not exceed
a height of 60 feet.
D.
Antenna designed solely for the reception of radio and TV signals
shall not exceed a height of 20 feet above the height of the principal
structure, without approval of the Planning Board or Board of Adjustment,
whichever Board has jurisdiction. Such approval may be granted upon
a showing that due to topography, configuration of buildings or surrounding
structures or trees adequate reception is not possible below 20 feet
above the height of the principal structure to which the antenna and/or
antenna support is to be affixed.
Satellite dishes, as defined in Article I of this chapter, are permitted accessory uses in any zone, subject to the following standards:
A.
A dish larger than three feet in diameter or seven square feet in
area, but not exceeding eight feet in diameter or 50 square feet in
area, shall:
(1)
Be installed on the ground in a rear yard, subject to the side
and rear yard setback provisions of the district wherein it is located.
(2)
Be securely anchored to a concrete pad.
(3)
Have an open mesh surface and be painted a color to blend with
its surroundings.
(4)
Have all wires to and from the dish placed underground.
(5)
Have the surrounding area suitably landscaped, the intent of
which is to screen the dish from view from neighboring properties
and public areas.
(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.
(7)
Only one dish shall be permitted for each individual lot, and
its use shall be for the sole use of that lot.
B.
Dishes larger than that described in paragraph A, herein, shall be
prohibited.
A restaurant and dance hall having a Class II dance hall license
(having 300 square feet or more devoted to dance area) is permitted
in the Highway Commercial zone, provided that the following conditions
are met:
A.
One off-street parking space for every two persons based upon total
maximum occupancy as determined by the Fire Official.
B.
The premises must front directly on and derive access to a state
or federal highway.
C.
No more than one adult entertainment use shall be located on any
lot.
D.
No adult entertainment use shall be established or permitted in any
building or which any part is used for residential purposes.
E.
No residential use shall be established in a building of which any
part is used as an adult entertainment use.
F.
No adult entertainment use shall be established closer than 1,500
feet to any lot line of any other adult entertainment use.
G.
No adult entertainment use shall be established closer than 1,500
feet to the lot line of any residential district, which shall include
any zoning district that permits residential use.
H.
No adult entertainment use shall be established closer than 1,500
feet to the lot line of any place of worship, community center, funeral
home, school, day care center, hospital, alcoholism center or drug
treatment center, nursing home, senior citizen residence complex,
counseling or psychiatric treatment facility or public park, playground,
playing field or ball field.
I.
Nothing contained herein shall permit obscene materials as same as
defined in N.J.S.A. 2C:34-2.
J.
Every sexually oriented business shall be surrounded by a perimeter
buffer of at least 50 feet in width with plantings, fence or other
physical divider along the outside of the perimeter sufficient to
impede the view of the interior of the premises in which the business
is located.
K.
No sexually oriented business shall display more than two exterior
signs consisting of one identification sign and one sign giving notice
that the premises are off limits to minors. The signs shall be of
equal size and together shall not exceed a total of 20 square feet.
However, in no event shall the total area of the signs exceed 15%
of the front area of the building. The signs shall be attached to
the building and shall not project beyond the sides or front of the
building nor above the roofline or the top of any parapet wall. The
signs shall not be illuminated by lighting of intermittent or varying
intensity. The signs shall contain only lettering.
A.
Minimum lot size: 2.0 acres.
B.
Parking: 1 space per 10 potential registered children plus 1 space
per employee maximum shift.
C.
Maximum impervious coverage: 50%.
D.
Buffers: 50 feet from any residence district or residentially-used
property.
E.
There shall be no parking or pavement, other than driveways, permitted
in a front yard.
F.
Designated playground areas shall be located and designed in such
a manner, so as to avoid the need for children to cross driveways
and/or parking areas.
G.
Signs
(1)
1 freestanding ground or monument sign not exceeding 32 square
feet, with a maximum overall height of 7 feet.
(2)
Such sign shall not be located closer than 10 feet to any property
line.
(3)
Changeable copy signs shall be permitted.
(4)
Internally or externally illuminated signs shall be permitted.
(5)
Electronic message centers for all or any portion of the sign
shall be prohibited.
[Amended 2-15-2012 by Ord. No. 6-2012]
A.
Lot area. Minimum lot area shall be 1.5 acres maximum lot area shall
be 2.5 acres.
B.
Minimum frontage: 200 feet.
C.
Minimum front yard: 100 feet.
D.
Minimum side yards: 50 feet.
E.
Minimum rear yard: 100 feet.
F.
Maximum floor area ratio: 0.25.
G.
Maximum impervious coverage: 70%.
H.
Residences for clergy shall be permitted on the same lot as the place
of worship.
I.
Parking.
(1)
All parking shall be located in the rear or side yards, at a
minimum of 50 feet from any residential property line, and 25 feet
from any nonresidential property line.
(2)
All driveways shall be located at least 50 feet from any residential
property line, and at least 10 feet from a building.
(3)
Parking lots shall be screened by a fence no higher than 6 feet
and/or a landscaped buffer which landscape buffer shall be not less
than 25 feet in width when adjacent to a residence or residentially
zoned property.
(4)
Parking shall be calculated to include the sum of all of the
following uses:
J.
Signs.
(1)
1 freestanding ground or monument sign not exceeding 32 square
feet, with a maximum overall height of 7 feet.
(2)
Such sign shall not be located closer than 10 feet to any property
line.
(3)
Changeable copy signs shall be permitted.
(4)
Internally or externally illuminated signs shall be permitted.
(5)
Electronic message centers for all or any portion of the sign
shall be prohibited.
K.
Nothing contained herein shall prohibit the use of an existing private
dwelling in a residential zone for any religious purposes, including
but not limited to worship, meetings or education; provided that no
structural modifications are made to the dwelling for the purpose
of facilitating the use for religious purposes and the dwelling is
in conformance with all applicable zoning, health, building and fire
codes; and further provided that the primary use of the structure
continues to be a single-family dwelling.
A.
Maximum height: 24 feet.
B.
Maximum size: 672 square feet in area.
D.
All such billboard signs shall have a clear space underneath of not
less than 4 feet for their entire length. Latticing shall serve the
purpose of such clear space.
E.
If illuminated, external illumination shall be used.
F.
Electronic message centers and changeable copy signs for all or any
portion of the billboard sign shall be prohibited.
[Amended 2-15-2012 by Ord. No. 6-2012]
G.
The billboard sign may be two-sided.
H.
The billboard sign may be a "Vee" shape provided that the separated
ends of the sign shall be separated by no more than 20 feet.
A.
Purpose. Research conducted by the New Jersey Board of Public Utilities,
Office of Clean Energy; Rutgers, the State University, Center for
Advanced Energy Systems; and Rowan University found that wind energy
is an abundant, renewable, and nonpolluting energy resource; converting
wind to electricity will reduce our dependence on nonrenewable energy
resources, and decrease the air and water pollution that results from
the use of conventional energy sources; distributed small wind energy
systems will also enhance the reliability and power quality of the
power grid, reduce peak power demands, and help diversify the State's
energy supply portfolio; and small wind energy systems make the electricity
supply market more competitive by promoting customer choice. Further,
New Jersey's Renewable Portfolio Standards (RPS) require each supplier/provider,
as defined at N.J.A.C. 14:8-1.2, that sells electricity to retail
customers in New Jersey to provide a percentage of their retail electricity
sales from renewable energy sources, beginning at 3.5% in 2004 and
increasing to 22.5% by 2021. Current Wayne Township zoning regulations
do not fully address wind power as an alternative energy option, which
while not intended to discourage the installation of small wind turbines,
can substantially increase the time and costs required to obtain necessary
local permits.
In balancing the Township's desire to enable its citizens the
flexibility to utilize wind energy with the Township's broad goals
of protecting the aesthetic character of its commercial centers and
neighborhoods, safeguarding against noise impacts to its commercial
centers and neighborhoods and ensuring the safety of all citizens,
the Township hereby establishes minimum standards to which a small
wind energy system is to be installed.
B.
Standards:
(1)
Setbacks. Small wind energy systems shall be set back a distance
equal to 1 1/2 the height of the tower plus the blade length
from all property lines, public roads, power lines and existing and
proposed structures. The distance shall be measured from the center
of the tower. Additional setbacks may be required in order to provide
for public safety.
(2)
Height requirements. Small wind energy systems shall not exceed
a total height of 80 feet, as measured from the ground to the top
of the highest point on the blade when extended to its highest vertical
point.
(3)
Placement of system. Small wind energy systems shall be placed
in such a manner as to minimize visual impacts to nearby residents.
(4)
Access:
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of 15 feet above the ground.
(5)
Lighting. A small wind energy system shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration.
(6)
Appearance, color, and finish. A small wind energy system shall
remain painted or finished in the color(s) or finish(es) of grey or
white that was originally applied by the manufacturer.
(7)
Signs. There shall be no signs on a small wind energy system
or any associated building, except for the manufacturer's or installer's
identification and appropriate warning signs.
(8)
Utility notification and interconnection. Small wind energy
systems that connect to the electric utility grid shall comply with
the New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems at N.J.A.C. 14:4-9.
(9)
There shall be installed on a property no more than one small
wind energy system.
(10)
Noise limitations: The level of noise produced by wind turbine
operation shall not exceed 50dBa beyond the ambient noise levels prior
to construction, as measured at the property boundaries of the parcel
on which the small wind energy system is located. The applicant shall
provide technical information on noise levels prepared by a qualified
professional.
(11)
No small wind energy system shall be roof mounted except that
a VAWT system may be installed upon a roof subject to the following
requirements:
(a)
A VAWT system may be roof mounted provided that the total height
of the system shall not extend beyond 10 feet above the roof line
and may be located on any portion of the roof provided further that
the said system shall be setback no less than 50 feet from any property
line.
(12)
All small wind energy systems, unless a VAWT system permitted
to be constructed on a roof, shall be mounted on a monopole and shall
not utilize a truss frame construction requiring wired guyed systems.
(13)
All small wind energy systems shall provide for manual braking
system and an over-speed control to prevent over spin during periods
of excessively high winds.
(14)
There shall be a minimum ground clearance of at least 30 feet
between the finished grade and bottom of any rotor of a small wind
energy system.
(15)
Batteries used in conjunction with small wind energy systems
shall be recycled or properly disposed of in accordance with hazardous
waste management regulations.
(16)
All power lines from the small wind energy system to on-site
interconnection equipment shall be located underground and installed
by certified professional and must meet all applicable national, state
and local electrical codes.
C.
Abandonment
(1)
A small wind energy system that is out-of-service for a continuous
six-month period will be deemed to have been abandoned.
(2)
The Township Zoning Officer may issue a "notice of abandonment"
to the owner of a small wind energy system that is deemed to have
been abandoned. The notice shall be sent return receipt requested.
[Amended 5-20-2020 by Ord. No. 17-2020]
(3)
The owner shall have the right to respond to the "notice" within
30 days from the "notice" receipt date.
(4)
If the owner provides information that demonstrates the small
wind energy system has not been abandoned, the Township Zoning Officer
shall withdraw the "notice" and notify the owner that the "notice"
has been withdrawn.
[Amended 5-20-2020 by Ord. No. 17-2020]
(5)
If the Township Zoning Officer determines that the small wind
energy system has been abandoned, the owner of the small wind energy
system shall remove the wind generator from the tower, foundation
and all appurtenances at the owner's sole expense within three months
after the owner receives the "notice."
[Amended 5-20-2020 by Ord. No. 17-2020]
(6)
If the owner fails to remove the wind generator from the tower in the time allowed under Subsection C(5) above, the Township Zoning Officer may pursue legal action to have the wind generator removed at the owner's expense, including all legal fees and costs incurred by the Township.
[Amended 5-20-2020 by Ord. No. 17-2020]
D.
Compliance with Building Code. Construction permit applications shall
be accompanied by standard drawings of structural components of the
small wind energy system, including support structures, tower, base
and footings. Drawings and necessary calculations shall be certified
in writing by a registered professional engineer that the system complies
with the Building Code.
E.
Violations. It is unlawful for any person to construct, install,
or operate a small wind energy system that is not in compliance with
this chapter.
[Added 9-6-2023 by Ord. No. 42-2023]
A.
Site
plan review and approval by the Township’s land use board is
required.
B.
Submission
Items: Any application for a Residential Treatment Facility shall
identify the maximum number of patients that can be treated at one
time, including inpatient services (ie. number of beds available for
patients) and out-patient services.
C.
Facility
shall be provided with a separate exterior entrance.
D.
A minimum
of one loading space shall be provided.
E.
Parking
shall be calculated as a pro-rata share of in-patient services based
upon hospital parking requirements and a pro-rata share of out-patient
services based upon medical office parking requirements. Outpatient
services shall be calculated based upon the square footage of the
facility excluding the inpatient only accommodations.
F.
Visitation
and out-patient services shall be permitted only between 8:00 a.m.
and 8:00 p.m.
A.
Corner lot. On a corner lot, there shall be deemed two front yards
on abutting streets and two side yards.
B.
Through lots. On a through lot, front yards are required along all
street lines. In cases where three or more adjacent single-family
residential properties are through lots fronting on both a Township
and/or private road and a county road, where the effective rear yard
faces a county road, the yard facing the county road shall be treated
as a rear yard.
[Amended 5-20-2020 by Ord. No. 17-2020]
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
In any residential zone, except as may be allowed in planned
developments, there shall be not more than one principal structure
on each lot. In nonresidential zones the placement of more than one
principal structure shall be subject to Board approval of a site plan
showing existing, proposed and all future developments on the site.
No building or structure to be used for a dwelling shall be
constructed or altered in the rear yard of a non-residential building
situated on the same lot.
Nothing herein contained in this chapter shall prevent the projection
of an open fire escape or stairway into a rear or side yard for a
distance not exceeding eight feet nor restrict the height of a church
spire, belfry, clock tower, chimney flue, water tank, elevator bulkhead,
stage tower, scenery lift or similar structure.
[Ord. No. 39-2014 § 3]
The following regulations shall apply to pools; tennis courts;
and similar recreational uses that are accessory to a residential
use:
A.
Said use shall be located on the same lot as the principal structure
and only in the rear yard.
B.
In the case of a corner lot, said uses shall be permitted in 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. Further, accessory structures shall also
be permitted in that portion of the side yard that is between (1)
a line drawn to extend the rear wall of the principal structure (extending
to the associated side property line facing the side wall of the principal
structure) and (2) the side property line that is parallel to the
rear wall of the principal structure.
In the case of a corner lot on which the house is caddy corner
to the intersecting streets, said portion of the side yard wherein
said structures shall be permitted shall be between (1) lines drawn
to extend from the rear-most corners of the principal structure to
the closest points of the associated side yard lines and (2) the remainder
segments of those side yard lines (thereby forming a polygon at the
back of the principal structure). In no case shall said uses, or any
portion, fall within a front yard.
C.
Said use shall be located at least 10 feet from all lot lines, except as provided for in Section 134-65D below.
D.
Tennis courts and their fences shall be setback a minimum of 15 feet
to all lot lines. In the case of a corner lot, said tennis courts
shall be permitted in 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. Further, accessory
structures shall also be permitted in that portion of the side yard
that is between (1) a line drawn to extend the rear wall of the principal
structure (extending to the associated side property line facing the
side wall of the principal structure) and (2) the side property line
that is parallel to the rear wall of the principal structure.
In the case of a corner lot on which the house is catty corner
to the intersecting streets, said portion of the side yard wherein
said structures shall be permitted shall be between (1) lines drawn
to extend from the rear-most corners of the principal structure to
the closest points of the associated side yard lines and (2) the remainder
segments of those side yard lines (thereby forming a polygon at the
back of the principal structure). In no case shall said uses, or any
portion, fall within a front yard.
E.
Fences are permitted around a tennis court, provided that such fences
do not exceed 10 feet in height, and the dimensions of the fenced
area are no more than 60 feet by 100 feet.
F.
Tennis court drainage shall be reviewed and approved by the Township
Engineer prior to construction.
G.
Said use shall be screened to minimize any adverse impact on adjoining
properties.
A.
Residential districts:
[Amended 10-17-2012 by Ord. No. 48-2012]
(1)
No fence or wall (or portions thereof), nor combinations of fences and/or walls, shall be erected or altered so that such fence or wall, when measured from existing grade on both sides of the fence and/or wall, is over 4 feet in height in the front yard and 6 feet in height in the side and rear yards, other than tennis court fence enclosures regulated in § 134-65 and commercial agricultural. The height limitations in this subparagraph shall not apply to retaining walls where the wall is retaining soil to the top of the wall.
[Amended 3-6-2013 by Ord.
No. 4-2013]
(2)
There shall be no cyclone or chain-link fences permitted in the front
yard.
(3)
Barbed wire shall be prohibited.
(4)
All retaining walls greater than four feet in height shall have their
construction designed, inspected and certified by a professional engineer.
(5)
In the event that both sides of a fence or freestanding wall are
not identical, the finished/preferred side shall be required to face
the street and/or abutting properties, as applicable.
B.
Nonresidential districts:
(1)
No fence or wall exceeding four feet in height shall be located in
a front yard.
(2)
No fence or wall exceeding six feet in height shall be erected in
a side or rear yard.
(3)
Any cyclone type (chain-link) fencing shall be substantially screened
from public view with landscaping.
(4)
All fences shall be designed as integrated parts of the overall architectural
and site design.
(5)
Dwelling units in a nonresidential zone may have fences or walls
not exceeding six feet in height in a side or rear yard and four feet
in height in a front yard. Except as noted above, any commercial use
abutting a residential zone or use may have fences or walls not exceeding
six feet.
(6)
Barbed wire shall be prohibited.
(7)
All retaining walls greater than four feet in height shall have their
construction designed, inspected and certified by a professional engineer.
(8)
In the event that both sides of a fence or freestanding wall are
not identical, the finished/preferred side shall be required to face
the street and/or abutting properties, as applicable.
(9)
All retaining walls 4 feet in height or greater shall have their
construction designed, inspected and certified by a professional engineer.
[Ord. No. 39-2014 § 3]
All outdoor storage shall conform to the following requirements:
A.
Residential driveways and the parking of vehicles shall be subject
to the following provisions:
[Added 10-15-2003 by Ord.
No. 56-2003]
(1)
No residential driveway area within the front yard shall be
utilized for the storage of boats, commercial or recreational trailers
licensed or unlicensed by the NJMVC or other state agency, mobile
homes and other similar recreational vehicles. Such vehicles may be
parked in a side or rear yard, provided that no such vehicle shall
be parked closer than five feet to a side yard, 10 feet from a rear
yard and in no event shall be permitted to be parked in any front
yard.
[Ord. No. 18-2009; amended 5-20-2020 by Ord. No. 17-2020]
(2)
Motor vehicles shall only be parked within paved driveway areas
and may not be parked on any grass portion of the front, rear or side
yards.
B.
Commercial and other vehicles. No more than one commercial vehicle,
vehicle registered as a school bus, or limousine may be parked, stored
or garaged overnight, provided that:
[Amended 2-15-2012 by Ord. No. 6-2012; 5-20-2020 by Ord. No. 17-2020]
(1)
Commercial and other nonpassenger vehicles shall not exceed
a gross vehicle weight rating of 15,000 lbs.
(2)
All commercial vehicles permitted by these provisions to be
parked, stored or garaged on any property located in any residential
zone shall be owned by and registered to the premises' occupant or
his employer.
(3)
The outdoor parking area for commercial or other nonpassenger
vehicle shall be improved with asphalt (alternatively known as "bituminous
concrete"), paving stone, brick paver, concrete or similar surface.
(4)
Parking of construction equipment vehicles is allowed on a temporary
basis when construction is taking place on the lot pursuant to a valid,
open construction permit.
(5)
Vehicles shall not exceed 84 inches in width or height, inclusive
of attachments and equipment.
(6)
Vehicles shall not exceed 240 inches in length, inclusive of attachments
and equipment other than trailers.
[Amended 7-19-2023 by Ord. No. 31-2023]
A.
Outdoor storage in the Business, Highway Commercial, Regional Retail,
Office Building-Limited zones shall not be permitted without prior
site plan approval having been granted by the appropriate Board based
on the following minimum criteria:
B.
Outdoor display, in the Business, Highway Commercial and Regional
Retail zones shall be permitted provided such display does not obstruct
pedestrian or fire access.
[Amended 10-17-2012 by Ord. No. 48-2012; 8-16-2017 by Ord. No. 33-2017]
A.
Except as otherwise permitted in this section, no automotive repair
center or automobile service station shall store wrecked, damaged,
disassembled (either whole or in part) or abandoned motor vehicles,
boats or used automotive or marine parts or used supplies or materials
thereof.
B.
There shall be no storage of recreation vehicles, which includes
but is not necessarily limited to RVs, boats, boat trailers, and campers.
C.
The temporary storage of wrecked, damaged or disassembled and abandoned
motor vehicles is permitted, as follows.
(1)
Such vehicles may be stored on a temporary basis while insurance
claims are being processed or while junk title is being obtained from
the New Jersey Motor Vehicle Commission. Also permitted is temporary
storage of abandoned motor vehicles, pending disposition of court
complaints or the processing of junk title being obtained from the
Motor Vehicle Commission; providing, however, that such vehicles have
been brought or stored there at the direction or request of a local,
county, state or federal law enforcement agency.
(2)
Such vehicles shall be located in a rear yard and screened so
that no stored vehicle or equipment shall be visible off-premises.
(3)
On corner lots or in those cases where no rear yard exists,
storage areas are restricted to the single side yard behind the line
projected by the building face and subject further to all the regulations
set forth in this section.
(4)
In no event shall storage be closer than 10 feet to any property
line.
(5)
In no event shall the temporary storage of more than 10 such
vehicles be permitted simultaneously at any one public garage or gasoline
service station.
(6)
The area of such storage permitted under this subsection shall
be maintained in a clean and safe manner, free from all debris, glass,
loose parts and leaking fuel, lubricants and other fluids.
D.
Vehicles awaiting repairs shall be stored on premises for a period
not to exceed 30 days. The operator of the automotive repair centers
and the automobile service stations shall maintain a daily log to
ensure that the time frame is not exceeded. In no event may an unregistered
vehicle be stored on the premises at any time. Nothing contained herein
shall apply to a licensed auto body repair facility.
E.
Signs at automotive repair centers shall comply with the provisions
of the zoning district in which the automotive repair center lies.
F.
Signs at automobile service stations shall comply with the following:
Outdoor storage, including the parking and storage of equipment
and vehicles, in the Industrial zone shall be permitted and limited
in accordance with the following provisions:
A.
Outdoor storage shall be restricted to materials and products directly
related to the principal permitted industrial use or uses of the premises
and normally stored outside a structure.
B.
Outdoor storage shall be restricted to the side and/or rear yard.
C.
Not more than 40% each of said rear and/or side yard be used for
outdoor storage.
D.
All outdoor storage permitted shall be screened by fencing, planting,
or both so as not to be visible from any adjacent property or any
public street.
E.
All outdoor storage areas shall be approved by the approving board
as part of site plan approval.
F.
All storage as herein permitted shall be maintained in an orderly
manner at all times and such storage shall not include any discarded
or abandoned materials or vehicles.
G.
Trailers and containers shall not be permitted except as otherwise
may be temporarily allowed pursuant to the codes of the Township of
Wayne, or as the trailer component of a tractor trailer associated
with the operations of a permitted industrial use.
[Amended 2-15-2012 by Ord. No. 6-2012]
A.
It is the intent of this section, in accordance with the goals and
objectives of the Master Plan, to minimize the number and size of
signs in the Township of Wayne, consistent with safety and convenience
requirements.
B.
Signs in all zones shall comply with the following:
(1)
All site plan applications shall submit a sign plan showing
the size, location, colors, materials, typeface and method of illumination
for all signs to be constructed.
(2)
All signs shall be kept in good repair, which shall include
replacement or repair of broken or malfunctioning structural elements,
casings, faces or lighting elements and the maintenance of legibility.
Upon determining that a sign has become structurally unsafe or endangers
the safety of the building or the public, the Construction Code Official
shall order such sign be made safe or removed. Such order shall be
complied with within 10 days of the receipt thereof by the owner of
the building or premises on which such unsafe sign is affixed or erected.
(3)
Public service devices such as clocks and temperature indicators
shall be devoid of advertising.
(4)
Signs shall be compatible with the building's style in terms
of location, scale, color and lettering.
(5)
There shall be consistent sign design theme throughout a particular
project. The design theme shall include style of lettering, construction
material, a type of pole or standard, size and lighting.
(6)
Where a façade sign is permitted, and based on a maximum
percentage of the façade area, the façade area shall
be measured from ground level to the bottom of the roof eaves from
one side of the building to the other.
C.
Required signs. All principal buildings in all districts shall be
clearly identified as to street number by an unobstructed sign no
larger than 1 square foot, clearly visible and legible from the main
and abutting street. Such signs shall not require a construction permit.
D.
Signs permitted without permit.
(1)
Directional signs having an area of less than 4 square feet
and located a minimum of 5 feet from any property line. Directional
signs shall not block the line of sight from driveways and roads.
[Ord. No. 20-2015 § 12]
(2)
Information or public service signs, such as those advertising
meeting places, dates, the availability of rest rooms, telephone,
or similar public conveniences, provided that such signs do not exceed
two square feet in size and do not advertise any commercial establishment,
activity, organization, product, goods or services, except those of
public utilities. Information signs provided for the guidance and
convenience of the public within commercial properties may also be
erected.
(3)
Signs which issue warnings or safety messages, such as but not
limited to "no hunting," "no trespassing," "beware of dog," "private
road," "private driveway," etc., provided they do not exceed two square
feet in area.
(4)
Signs/banners pertaining to an event as permitted under § 134-68.1(I)(2).
[Ord. No. 33-2017]
(6)
Signs required by state, county and local regulations.
[Ord. No. 33-2017]
E.
Measurement of sign area.
(1)
Freestanding signs. Signs may be double-faced, but the maximum
permitted area shall apply to one side only. The area of the sign
shall include each and every part of the sign, including moldings
and frames. Where the sign is supported by a post or pylon whose surface
is being used for advertising purposes, such as with trademark colors,
the area of this post or pylon shall be considered as part of the
total allowable sign area. Wherever the name or advertising message
on a sign is divided between a number of panels or parts, the total
area of all the panels and parts shall be considered as one sign.
(2)
Façade signs. Where a façade sign consists of
individual letters or numbers, the area of the sign shall be considered
as the total area of the smallest rectangle or rectangles which can
collectively enclose all of the letters or numbers.
F.
Nonconforming signs. Any nonconforming permanent sign which can be
shown to have lawfully existed on the date of enactment of this chapter
may be continued and may be restored, unless the sign has been abandoned.
G.
Abandoned signs. Signs shall be removed by the owner at the owner's
expense within 90 days following written notification by the zoning
officer for any location where the sign no longer relates to an activity
conducted on the site. In the event the sign is not removed within
this time period, the Township may remove the sign at the expense
of the property owner and for this purpose the Township shall have
a lien in the amount of the removal cost.
H.
Prohibited signs. The following signs are prohibited in all zones:
(1)
Any sign which does not advertise a permitted business, use
or product sold on the premises, except as may be permitted in paragraph
D above or paragraph I below.
(2)
Signs using red, green, blue or amber illumination in a beam,
beacon or flashing form resembling an emergency light or traffic light.
(3)
Signs that resemble traffic safety signs.
(4)
Signs, including the letters, numbers, and caricatures thereon,
that are animated, full video, scrolling, rotating, gyrating, blinking,
moving, or appear to move in any fashion.
(5)
Electronic message centers for all or any portion of the sign
except for displaying fuel prices at automobile service stations.
[Ord. No. 33-2017]
(6)
Changeable copy signs for all or any portion of the sign, except
as provided for in § 134-63.3.G.3 (Child Care Centers) and
§ 134-63.4.J.3 (Places of Worship) and except that schools
may have changeable copy.
[Amended 2-15-2012 by Ord. No. 6-2012]
(7)
Signs attached to the exterior glass of a building.
[Amended 2-15-2012 by Ord. No. 6-2012]
(8)
Roof signs and signs extending above the wall to which they
are attached.
[Amended 2-15-2012 by Ord. No. 6-2012]
(9)
Permanent marquees extending over the sidewalk beyond the street
line.
[Amended 2-15-2012 by Ord. No. 6-2012]
(10)
Signs posted on fences, posts, utility poles or trees.
[Amended 2-15-2012 by Ord. No. 6-2012]
(11)
Signs posted on Township property except where specifically
authorized by the Township.
[Amended 2-15-2012 by Ord. No. 6-2012]
(12)
Signs installed or painted on sidewalks or curbs.
[Amended 2-15-2012 by Ord. No. 6-2012]
(13)
Signs on abutments, retaining walls and embankments.
[Amended 2-15-2012 by Ord. No. 6-2012]
(14)
Signs painted directly on buildings or which obstruct any windows.
[Amended 2-15-2012 by Ord. No. 6-2012]
(15)
Signs on accessory buildings.
[Amended 2-15-2012 by Ord. No. 6-2012]
(16)
Signs which constitute a hazard to the traveling public by obstructing
driving vision, regulatory or directional signs or signals.
[Amended 2-15-2012 by Ord. No. 6-2012]
(17)
Pole or pylon signs, except as permitted herein.
[Amended 2-15-2012 by Ord. No. 6-2012]
(18)
Automobile, trailer (attached or unattached) or vehicle of any
nature bearing signs or advertisements, parked or left stationary
for 12 or more continuous hours.
[Amended 2-15-2012 by Ord. No. 6-2012]
(19)
All outside lighted signs operating after 1:00 a.m. with the
exception of signs in the commercial zones.
[Amended 2-15-2012 by Ord. No. 6-2012]
(20)
All temporary signs, except as set forth herein.
[Added 10-17-2012 by Ord.
No. 48-2012]
I.
Temporary signs and banners.
[Amended 8-17-2011 by Ord. No. 37-2011; 2-15-2012 by Ord. No. 6-2012; 10-17-2012 by Ord. No. 48-2012; 10-17-2012 by Ord. No. 53-2012; Ord. No. 33-2017]
(1)
Temporary signs/banners located on commercial properties shall
be permitted by zoning permit only after the required application
has been submitted to the Planning Department and approved by the
Zoning Officer. Temporary signs/banners shall conform to the following
requirements:
(a)
The sign shall be clearly marked with the name of the person
or organization responsible for the sign.
(b)
The sign may be displayed for a period not to exceed 30 days.
(c)
The sign shall not be illuminated, affixed by tacking, pasting
or otherwise mounting upon utility poles, light stands or trees.
(d)
The sign shall not exceed the sign area of 15 square feet and
no more than two such signs shall be permitted at any time on any
property except in the case of multiple tenancies within a business
development, upon which each tenant may have only one sign. Each tenant
is required to apply separately.
(e)
No sign shall be placed within a public right-of-way. Any sign
that is placed within the public right-of-way shall be subject to
removal by the Township.
(f)
Banners shall not exceed a total sign area of 32 square feet.
(g)
There shall be no more than two such sign permits issued in
any calendar year.
(2)
Signs/banners located on residential properties shall be permitted
without any permit for displaying messages related to an event, including
but not limited to the sale or lease of property, the construction
or repair of any building, political messages, advocacy messages,
public questions and public statements, subject to the following limitations:
[Ord. No. 33-2017]
(a)
The sign shall be clearly marked with the name of the person
or organization responsible for the sign.
(b)
Sign(s) shall not be illuminated, affixed by tacking, pasting
or otherwise mounting upon utility poles, light stands or trees.
(c)
Sign(s)/banners shall be no more than a total of 12 square feet
in area per residential property.
(d)
Signs may be placed within the front or side yards of private
property, provided that no such sign shall be placed within the public
right-of-way. Any sign that is placed within the public right-of-way
shall be subject to removal by the Township.
J.
Electronic message centers (EMC).
[Ord. No. 33-2017]
(1)
EMC signs shall be permitted only for displaying fuel prices
at automobile service stations. EMC signs shall not be permitted at
any other type of establishment nor for any other type of message
or advertisement other than fuel prices.
(2)
EMC signs displaying fuel prices at automobile service stations
shall adhere to the following regulations:
(a)
EMC signs may not change until a change in the price of fuel
has occurred.
(b)
Electronic messages (text and logos) must be static or depicted
for a minimum of 24 hours.
(c)
Movement, including flashing, scrolling, or rotating so as to
draw attention are prohibited.
(d)
Animated signs, signs that change images, video signs, or tri-vision
signs shall be prohibited.
(e)
The maximum brightness levels for electronic message boards
and fuel price signs shall not exceed 0.2 (two tenths) foot-candles
over ambient light levels measured within 150 feet of the source.
[1]
The owner/user shall reduce the level of brightness
if determined by the Township that the light level exceeds the levels
specified.
[2]
The electronic message area shall be programmed
to dim and brighten automatically in response to changes in ambient
light.
[3]
Prior to the issuance of a permit for the sign,
the applicant shall provide written certification from the sign manufacturer
or installer that the light intensity has been preset to automatically
adjust the brightness to these levels or lower. Reinspection and recalibration
may be periodically required by the Township in its reasonable discretion,
at the permittee's expense, to ensure that the specified brightness
levels are maintained at all times.
(f)
The electronic message area shall be controlled electronically
by a computer or other similar device that has a manual override.
(g)
The electronic message area shall be turned off at all times
when the business or use that its serves is closed.
(h)
The electronic message areas shall either freeze or go blank
in the event of a malfunction.
The following signs shall be permitted:
A.
For all signs in residential zones and in the residential area of
a planned development; if illuminated, the source of illumination
shall be an exterior, concealed light source and shall be shielded
in such a manner that the light source does not spill into the street
or any adjoining property.
B.
Up to two name plate/address signs attached to a wall or mailbox.
Each sign shall be no larger than 2.5 square feet in area.
C.
Signs as otherwise permitted as part of a home occupation pursuant to Article III of this chapter.
D.
Customary warning, "No Hunting" or "No Trespassing" signs provided
that such signs may not exceed an area of one square foot each.
E.
For an agricultural use in a zone which permits agricultural uses:
(1)
Not more than two signs advertising the sale and price of seasonal
farm produce, provided that the aggregate area of such signs shall
not exceed 10 square feet.
(2)
One identification sign of not more than 10 square feet identifying
the farm, the address of the premises, and type of produce available,
if any. Such signs shall be located a minimum of 10 feet from any
property line.
(3)
No signs for agricultural use shall be over 10 feet in height
above ground.
F.
(Reserved)
G.
Garden apartments and multi-family developments shall be permitted
one freestanding sign per development for each public street frontage
and 1 façade sign per building identifying the development.
The freestanding sign shall be a maximum of 30 square feet. Such sign
shall be located a minimum of 15 feet from any property line. The
façade sign shall be a maximum of six square feet. The maximum
height above ground for any sign shall be 10 feet.
The following signs shall be permitted only as an accessory
use. Such signs shall not be located within 25 feet of the boundary
of a residential zone.
A.
Signs in the Business and the Open Space/Government Use Districts:
[Amended 2-15-2012 by Ord. No. 6-2012; 10-17-2012 by Ord. No. 48-2012]
(1)
Façade, awning, canopy and/or window signs shall be permitted
provided that the aggregate total square footage of all such signs,
per façade, shall not exceed 15% of said façade. Façade
signs shall face either a public street or shall be on the same façade
and within the same horizontal area as the storefront for which the
sign is proposed.
[Amended 6-19-2013 by Ord. No. 22-2013; 4-20-2022 by Ord. No. 16-2022]
(2)
1 freestanding sign per street frontage, no part of which shall
be located closer than 10 feet to any abutting street line and 10
feet to any property line. Sign sizes and types as follows:
[Ord. No. 20-2015 § 13]
(a)
1-5 stores: a ground or monument sign, with a maximum sign size
of 32 square feet; maximum height of 6 feet.
(b)
6-9 stores: a ground or monument sign, with a maximum sign size
of 96 square feet; maximum height of 12 feet.
(c)
10 or more stores: maximum sign size of 144 square feet; maximum
height of 15 feet.
(3)
Signs for automobile service stations shall be designed in accordance
with the provisions set forth in § 134-67.3.F.
B.
Signs in the Highway Commercial District:
[Amended 10-17-2012 by Ord. No. 48-2012]
(1)
Façade, awning, canopy and/or window signs shall be permitted
provided that the aggregate total square footage of all such signs,
per façade, shall not exceed 15% of said façade. Façade
signs shall face either a public street or shall be on the same façade
and within the same horizontal area as the storefront for which the
sign is proposed.
[Amended 6-19-2013 by Ord. No. 22-2013; 4-20-2022 by Ord. No. 16-2022]
(2)
1 freestanding sign per street frontage, no part of which shall
be located closer than 10 feet to any abutting street line and 10
feet to any property line. Sign sizes and types as follows;
[Ord. No. 20-2015 § 13]
(a)
1-5 stores: a ground or monument sign, with a maximum sign size
of 32 square feet; maximum height of 6 feet.
(b)
6-9 stores: a ground or monument sign, with a maximum sign size
of 96 square feet; maximum height of 12 feet.
(c)
10 or more stores: ground or monument sign with a maximum sign
size of 200 square feet; maximum height of 25 feet.
[Ord. No. 20-2015 § 13]
C.
Signs in the Regional Retail Zone District:
(1)
All signs permitted in the Highway Commercial District.
(2)
Shopping centers:
[Ord. No. 20-2015 § 13]
(a)
1 freestanding ground or monument sign, not exceeding 500 square
feet in area, and no more than 35 feet in height identifying or advertising
the shopping center shall be permitted on each public road adjacent
to the shopping center premises, unless the portion of a public road
adjacent to the shopping center premises exceeds 1,000 feet in length,
in which event 2 such signs shall be permitted on such road, all such
signs to be set back no less than 10 feet from the street line.
(b)
Except as provided above, all exterior signs identifying or
advertising the names or uses of the tenants or occupants of the shopping
center premises shall be affixed to the shopping center buildings
and shall occupy no more than 15% of the total exterior area of such
building on which the sign is located. Directory signs or informational
signs affixed to the buildings shall not be included within the foregoing
15% limitation.
D.
Signs in the Office Building-Limited District:
[Amended 2-15-2012 by Ord. No. 6-2012]
(1)
The total combined sign area for all signs permitted per individual
lot shall be equal to one square foot per two linear feet of frontage
or 32 square feet, whichever is less.
(2)
Each structure may have one façade sign with a maximum
sign size equivalent to 5% of the area of the front building façade.
[Amended 4-20-2022 by Ord. No. 16-2022]
(3)
Each lot may erect one ground or freestanding sign per street
frontage not exceeding 32 square feet in area and 8 feet in height,
provided that the permitted total façade sign area is reduced
to a maximum of 3% of the façade.
[Ord. No. 20-2015 § 13]
(4)
Hanging signs, not to exceed 10 square feet, are permitted.
The style and bracketing of these signs shall complement the architecture
of the building to which they are attached.
(5)
Facade signs and hanging signs shall not obscure, conflict with,
or cover any architectural detail (such as cornice, transom or lintel)
and must be aligned with major building elements, such as windows,
trim and structure lines.
(6)
No more than 3 colors (for background, lettering and emphasis)
and no more than 2 typefaces are permitted for any sign. Only natural
materials such as wood, stone or metal are permitted.
(7)
The design of all signs shall be consistent with the architecture
of the building to which they are related. Where a building requires
several different signs, they shall be similar in design, size, materials,
colors and lettering.
(8)
Signs shall be no closer than 10 feet to any abutting street
line and 5 feet to any side property line.
E.
Signs in the Industrial District:
[Ord. No. 20-2015 § 13]
(1)
One (1) freestanding ground or monument sign per street frontage
provided that said sign shall not be located closer than 10 feet to
any street line and 10 feet to property line.
(2)
No freestanding sign shall exceed a height of 16 feet, an area
of 75 square feet per sign face, and width of 20 feet.
(3)
Attached facade signs shall be permitted not to exceed an aggregate
area of 5% of the front building facade of the structure or structures,
or 80 square feet, whichever is less. Façade signs shall face
either a public or an internal street.
[Amended 4-20-2022 by Ord. No. 16-2022]
F.
Signs in the MLID Districts:
[Added 2-15-2012 by Ord.
No. 6-2012]
(1)
Façade, awning, canopy and/or window signs shall be permitted
for each commercial storefront. The aggregate total of all such signs
shall not exceed 15% of the façade of the principal building.
Façade signs shall face either a public street or shall be
on the same façade and within the same horizontal area as the
storefront for which the sign is proposed.
[Amended 4-20-2022 by Ord. No. 16-2022]
(2)
One freestanding sign per street frontage:
[Ord. No. 20-2015 § 13]
G.
Signs in the Office Research District:
[Ord. No. 20-2015 § 13]
(1)
One (1) freestanding ground or monument sign per street frontage
provided that said sign shall not be located closer than 10 feet to
any street line and 10 feet to property line.
(2)
No freestanding sign shall exceed a height of 10 feet, an area
of 48 square feet per sign face.
(3)
Attached facade signs shall be permitted not to exceed an aggregate
area of 5% of the front building facade of the structure or structures,
or 80 square feet, whichever is less. The façade sign shall
face a public street.
[Amended 4-20-2022 by Ord. No. 16-2022]
Shopping centers, industrial parks, planned developments, multi-tenanted
structures of multi-structure uses shall also be governed by the following
regulations:
B.
The sign plan shall be based on an integrated design theme to include
all of the elements mentioned above. All of the above elements shall
be designed to be in harmony and consistent with each other, the architecture
and materials of principal structures and the landscaping plan. The
Planning Board, in its sole discretion, shall determine if a proposed
sign plan meets the goals and objectives of this subsection.
Signs of schools, colleges, churches, hospitals, nursing homes
or other institutions of a similar public or semi-public type as permitted
by this chapter may be erected and maintained with the following provisions:
A.
The minimum sign setbacks for the zone in which they are located
are observed.
B.
The area of any freestanding or ground sign does not exceed 24 square
feet.
C.
The height of any freestanding signs shall not exceed eight feet
except along major arterial roadways where it shall not exceed 12
feet.
D.
All signs must be located on the premises which they identify.
[Added 9-21-2022 by Ord. No. 41-2022]
The purpose of this article is to provide sound land use policies,
procedures and regulations for the location and placement of wireless
telecommunications equipment in order to protect the community from
the visual and other adverse impacts and to preserve the character
of the Township that the Master Plan seeks to protect. This article
seeks to meet the mandate of the Telecommunications Act of 1996, and
at the same time, without limiting the generality of the foregoing,
to:
A.
Protect residential areas and land uses from the potential adverse
impacts of wireless telecommunications towers and antennas;
B.
Encourage the location of wireless telecommunications towers in nonresidential
areas and along major transportation corridors;
C.
Minimize the total number of wireless telecommunications towers throughout
the community;
D.
Strongly encourage the joint use of new and existing wireless telecommunications
towers instead of construction of additional single-use towers;
E.
Encourage the location of wireless telecommunications towers and
antennas in areas where the adverse impact is minimized;
F.
Encourage the location of wireless telecommunications towers and
antennas in a way that minimizes their adverse visual impact through
careful design, siting, landscaping, screening, and innovative camouflaging;
G.
Enhance the ability of the providers of wireless telecommunications
services to provide such services to the community quickly, effectively,
and efficiently;
H.
Consider the public health and safety impacts of wireless telecommunications
towers; and
I.
Avoid potential damage to adjacent properties from the failure of
wireless telecommunications towers through proper engineering and
careful siting of towers.
A.
Notwithstanding any other provision of law to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under Article V of this chapter, Site Plan and Subdivision Standards, and consistent with the visual compatibility requirements of § 134-69.3, shall be a permitted use in the I Zone and on public utilities or municipal property and a conditional use in the B, HC, OB-L and OR Zones. When applying for a conditional use, the applicant shall meet the standards of § 134-69.4.
C.
Notwithstanding any other provision of law to the contrary, no new
wireless telecommunications tower shall be permitted unless the applicant
demonstrates by clear and convincing evidence to the Planning Board
that no existing tower or structure, or alternative technology that
does not require the use of towers or structures, can accommodate
the applicant's needs. The fact that the costs of alternative technology
exceeds the costs of a new wireless telecommunications tower or wireless
telecommunications antenna shall not be a basis to render any alternative
technology unsuitable or unavailable.
A.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be designed, located
and screened without regard to cost so as to blend with and into the
existing natural or built surroundings so as to eliminate, to the
maximum extent practicable and without regard to cost, adverse visual
impacts through the use of color and camouflaging, architectural treatment,
landscaping, and other means.
B.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be placed to ensure that
views of, and vistas from, historic districts are not degraded by
the appearance of any antenna or tower. The views of architecturally
significant structures, identified in the Wayne Township Master Plan,
shall not be impaired or diminished by the placement of wireless telecommunications
equipment.
C.
One wireless telecommunications equipment compound consisting of
no more than 1,500 square feet may be erected in support of a wireless
telecommunications tower, provided that:
(1)
The wireless telecommunications equipment compound is enclosed
within a solid wooden fence at least seven feet and no more than eight
feet high, which shall include a locking security gate and shall be
approved by the Township Engineer; and
(2)
The maximum height of any structure within a wireless telecommunications
compound, with the exception of the tower, shall be 12 feet; and
(3)
It is situated behind existing vegetation, tree cover, structures,
buildings or terrain features which will shield completely the wireless
telecommunications equipment compound from public view; or
(4)
When a location completely out of public view is not possible,
a landscape buffer of 20 feet in width shall be provided outside the
fence to completely shield the compound from public view. Landscaping
shall include native evergreen and deciduous trees at least eight
(8) feet in height at the time of planting, and the number of trees
shall be based on the equivalent of staggered double rows at 15 feet
on center; and
(5)
It otherwise complies with the requirements of this section.
A.
An applicant desiring to construct a wireless telecommunications
antenna on municipally owned land in a residential zone or a tower
in any zone shall demonstrate each of the following to the satisfaction
of the Planning Board:
(1)
The need for wireless telecommunications antennas at the proposed
location. The evidence presented and introduced to the Planning Board
shall describe in detail:
(a)
The wireless telecommunications network layout and its coverage
area requirements; and
(b)
The need for new wireless telecommunications facilities at a
specific location within the Township. The applicant shall also provide
evidence of all alternate designs that would not require the applicant
to construct a wireless telecommunications tower at the proposed location.
(2)
That the applicant has exercised its best efforts to locate
its wireless telecommunications antennas on existing towers, buildings
or structures within the applicant's search area. Without otherwise
limiting the nature of the evidence to be provided by the applicant
in order to meet its burden on this issue, the applicant shall provide
to the Planning Board copies of all correspondence with the owners
of existing towers, buildings or structures. The failure of the applicant
to present evidence of the foregoing shall constitute a rebuttable
presumption that applicant has not exercised its best efforts as required
herein. Evidence demonstrating that no existing tower, building or
structure can accommodate the applicant's proposed antenna may consist
of any one or more of the following:
(a)
There is no existing tower, building or structure within the
applicant's search area.
(b)
Existing towers, buildings and structures are not of sufficient
height and cannot be made to be of sufficient height to meet the applicant's
engineering requirements, or do not have sufficient structural strength
to support the applicant's proposed antennas and related equipment.
(c)
The applicant's proposed antennas would cause interference with
an antenna on the existing tower, building or structure, or an antenna
on the existing tower, building or structure would cause interference
with the applicant's proposed antennas.
(d)
The fees, costs, or contractual provisions required by the owner
in order to locate on an existing tower, building or structure or
to adapt an existing tower, building or structure for sharing are
patently unreasonable. Actual, direct costs exceeding new tower design,
development, construction, and operation are presumed to be patently
unreasonable.
(e)
There are other limiting factors that render existing towers,
buildings and structures unsuitable;
(3)
The locations of all existing communications towers, buildings
and structures within the applicant's search area along with competent
engineering testimony regarding the suitability of each location so
identified by the applicant in light of the design of the wireless
telecommunications network, and the alternate network designs identified
pursuant to § 1340-69.7C.
(4)
If a suitable location on an existing tower, building or other
structure is found, but the applicant is unable to secure an agreement
to locate its equipment on such tower, building or structure, the
applicant shall provide written evidence of its attempt or attempts
to so locate.
B.
New wireless communications antennas and towers shall be located
at the lowest numbered priority location available within the applicant's
search area according to the Wireless Equipment Location Schedule
following this subsection. Without otherwise limiting the nature of
the evidence to be provided by the applicant in order to meet its
burden on this issue, the applicant shall provide to the Planning
Board the block and lot number of any parcel for which the wireless
provider has attempted to secure a lease or purchase agreement and
copies of all correspondence from and between the wireless provider
and the property owner. The failure of the applicant to present evidence
of the foregoing shall constitute a rebuttable presumption that the
applicant has not exercised its best efforts as required herein.
C.
Wireless Equipment Location Schedule.
|
Priority
|
Zone
|
Type
|
Location
|
Permitted/ Conditional
|
|---|---|---|---|---|
|
1
|
Any zone on Wayne Township owned land
|
Antenna or tower
|
Approved by the Township Council
|
Permitted
|
|
2
|
Public utility on a lot abutting federal, or state highway
|
Antenna
|
On existing structure
|
Permitted
|
|
3
|
Public utility on a lot not abutting federal or state highway
|
Antenna
|
On existing structure
|
Permitted
|
|
4
|
I Zone on a lot abutting federal or state highway
|
Antenna
|
Collocated with other antennas on existing structure or tower
|
Permitted
|
|
5
|
I Zone on a lot abutting federal, state, or county highway
|
Antenna
|
Existing structure or tower without other antennas
|
Permitted
|
|
6
|
I Zone on a lot not abutting federal or state highway
|
Antenna
|
Collocated with other antennas on existing structure or tower
|
Permitted
|
|
7
|
I Zone on a lot not abutting federal or state highway
|
Antenna
|
Existing structure or tower without other antennas
|
Permitted
|
|
8
|
B, OB-L, RR or OR Zone on a lot abutting federal or state highway
|
Antenna
|
Collocated with other antennas on existing structure or tower
|
Conditional
|
|
9
|
B, OB-L, OR or RR Zone on a lot abutting federal or state highway
|
Antenna
|
Existing structure or tower without other antennas
|
Conditional
|
|
10
|
B, OB-L, OR or RR Zone on a lot not abutting federal or State
highway
|
Antenna
|
Collocated with other antennas on existing structure or tower
|
Conditional
|
|
11
|
B, OB-L, OR or RR Zone on a lot not abutting federal or state
highway
|
Antenna
|
Existing structure or tower without other antennas
|
Conditional
|
|
12
|
Public utility on a lot abutting federal or state highway
|
Tower
|
Construct a tower
|
Conditional
|
|
13
|
Public utility on a lot not abutting federal or state highway
|
Tower
|
Construct a tower
|
Conditional
|
|
14
|
I Zone on a lot abutting federal or state highway
|
Tower
|
Construct a tower
|
Conditional
|
|
15
|
I Zone on a lot not abutting federal or state highway
|
Tower
|
Construct a tower
|
Conditional
|
|
16
|
B, OB-L, OR or RR Zone on a lot abutting federal or state highway
|
Tower
|
Construct a tower
|
Conditional
|
|
17
|
B, OB-L, OR or RR Zone on a lot not abutting federal or state
highway
|
Tower
|
Construct a tower
|
Conditional
|
An applicant desiring to construct a wireless telecommunications tower which has satisfied the requirements of § 134-69.4 shall also satisfy the following bulk standards:
A.
Minimum lot size: the greater of the zone requirement or 2 acres.
C.
Minimum setback for wireless telecommunications compound from any
property line: the greater of the zone setback requirements or the
tower height.
E.
Maximum height of attached antenna: 10 feet beyond the edge of the
building or structure to which attached.
A.
All site plan details required by Article VI, § 134-111.10, Preliminary and Final Major Site Plan Requirements for Wireless Telecommunications Facilities.
B.
A report from a qualified expert certifying that the wireless telecommunications
tower and equipment facility comply with the latest structural and
wind loading requirements as set forth in the New Jersey Uniform Construction
Code, as it may be amended or supplemented, including a description
of the number and type of antennas it is designed to accommodate.
C.
A binding, irrevocable commitment by the applicant for itself and
its successors and assigns in interest to lease excess space on the
tower to any other potential user at reasonable rates and conditions.
The applicant's counsel shall simultaneously submit a written opinion
that the applicant's commitment is enforceable by the Township. The
commitment shall be recorded prior to issuance of a building permit.
D.
A copy of the lease or deed for the property.
E.
A plan which shall reference all existing wireless telecommunications
facilities in the Township, any such facilities in the abutting towns
which provide service to areas within the Township, and any changes
known to the applicant to be proposed within the following 12-month
period, including plans for new locations and the discontinuance or
relocation of existing facilities.
A.
Every wireless telecommunications tower shall be designed and constructed
so as to accommodate the equipment of at least three wireless telecommunications
service providers (the applicant's plus two collocators).
B.
No signs shall be permitted except for a single sign not exceeding
two square feet displaying owner contact information and warnings,
equipment information, and safety instructions.
C.
No lighting is permitted except as follows:
(1)
A wireless telecommunications equipment compound may have security
and safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward, and is equipped with a timer
or sensor so that the light is turned off when not needed for safety
or security purposes; and
(2)
Tower lighting only as required by federal or state regulations.
D.
Wireless telecommunications antennas and towers shall be maintained
to assure their continued structural integrity.
E.
Wireless telecommunications towers shall be painted in a color or
colors required by federal or state regulation or as required by the
Planning Board.
F.
All towers shall be designed with anti-climbing devices in order
to prevent unauthorized access. Additional safety devices shall be
permitted or required, as needed for safety.
G.
Every new wireless telecommunications tower shall be of "monopole"
design unless the applicant can demonstrate that a different design
is necessary for the collocation of additional antennas on the tower.
Towers in public view shall employ camouflage technology.
H.
Wireless telecommunications equipment shall be operated so as not
to produce noise in excess of the limits set by federal regulation,
state regulation, or Township ordinance.
A.
Every modification to a wireless communications antenna shall be
subject to site plan review and approval. A "modification" is a change
in the number, type, size or location of wireless telecommunications
antennas. Like replacement or repair of an antenna in the exact same
location shall not require site plan approval.
B.
Operators of wireless telecommunications facilities shall notify
the Township when the use of such antennas and equipment is discontinued.
Facilities that are not in use for wireless telecommunications purposes
for 6 months shall be removed by the provider at its cost. This removal
shall occur within 90 days of the end of such 6-month period. Upon
removal, the site shall be cleared, restored, and revegetated to blend
with the existing surrounding vegetation at the time of abandonment.
[Added 3-2-2011 by Ord.
No. 3-2011]
A.
Impact area. For purposes of this subsection, the area of concern
for which development impacts must be addressed and remediated shall
consist of an area 80 feet to either side of the telecommunications
pathway as identified by the Township Map Entitled "Township Emergency
911 Telecommunications System" dated January 6, 2011 prepared by the
Engineering Division of the Township of Wayne Department of Public
Works. Development that falls outside of this area shall be considered
as having no impact upon the system.
B.
Required analysis. Any proposed application for development for a
telecommunications tower or other structure located within the impact
area shall submit evidence either by testimony, exhibit or written
report provided by a licensed professional, attesting to the impact
of the proposed development upon the Township's Emergency 911 Telecommunications
System to the appropriate Board as part of the application. The evidence
shall clearly identify any and all potential impacts, if any, to the
Township's emergency telecommunication system and any recommended
action to eliminate any such impacts so as to neutralize its effect
on the system.
C.
Remediation measures. The reviewing Board is hereby empowered to
consider any and all alternatives to proposed development for which
an impact has been identified so as to eliminate the impact of said
development including but not limited to reducing proposed structure
heights or requiring the dedication of a location suitable for the
construction of a telecommunications relay upon towers, structures
or rooftops of buildings that are the subject of the application for
development that would otherwise interfere with Township emergency
telecommunications signals.
