Wayne City Zoning Code
ARTICLE III
Zoning Regulations
§ 134-26.1 Purpose.
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.
§ 134-26.2 Scope.
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annul or in any way to impair or interfere with existing provisions of other ordinances except those specifically repealed by this chapter, or with private restrictions placed upon property, by deed, covenant, or other agreements.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.
§ 134-26.3 Administration.
[Amended 6-1-2022 by Ord. No. 23-2022; 9-21-2022 by Ord. No. 41-2022; 6-4-2025 by Ord. No. 36-2025]
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.
(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.
(f)
Outdoor dining.
(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.
(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.
D.
Outdoor dining applications required, unless:
(1)
The applicant received separate approval by the Township's Land Use Board, an applicant for outdoor dining shall complete a commercial zoning permit application form containing the following:
(b)
Outdoor dining plan: Submit signed, sealed and scaled drawing for approval that depicts at a minimum the following items:
[1]
Proposed location with parameter measurements of outdoor dining area;
[2]
Setbacks of proposed outdoor dining area to existing buildings and property lines;
[3]
Locations and dimensions of existing and proposed walkways and drive aisles;
[4]
Location of existing and proposed ingress/egress access doors including depiction of dedicated service door to interior of the retail food establishment;
[5]
Proposed locations and dimensions of all tents, canopies, umbrellas, tables, chairs, stages, and other fixtures or amenities of the outdoor space;
[6]
Locations of vehicular barriers;
[7]
Existing and proposed parking layout.
(2)
Annual application for the operations of outdoor dining:
(a)
The applicant must annually complete an outdoor dining operations zoning permit.
(c)
Other departmental approvals: The applicant shall submit the following additional approvals:
(d)
Insurance: The applicant shall submit a copy of an insurance policy or certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, naming the Township of Wayne as an additional insured, with general liability on an occurrence basis with a limit of liability of at least $1,000,000.00, with respect to losses arising solely from the operation of the outdoor dining facility in accordance with the outdoor dining permit located on public sidewalks. In the case of a commercial development applying on behalf of multiple restaurants, the applicant's certificate of insurance must name the individual restaurants covered by the application as additional insureds along with the Township of Wayne, or the applicant must submit each individual restaurant's own certificate of insurance naming the Township of Wayne as an additional insured.
(e)
Indemnification: The applicant shall execute an indemnification agreement approved by the Township Attorney with the Township with respect to losses arising solely from the operation of the outdoor dining.
§ 134-26.4 Special Permits.
[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.
§ 134-27 Zone districts.
[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; 10-16-2024 by Ord. No. 59-2024; 8-20-2025 by Ord. No. 52-2025]
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)
Mount Laurel Round Three District 5 (MLR3D-5)
Mount Laurel Round Three District 6 (MLR3D-6)
§ 134-27.1 Zoning Map.
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]
(13)
Ordinance No. 31-2024 adjusts the zoning of the following parcels, from Open Space/Government Use Properties to R-30 Residential District:
[Added 7-17-2024 by Ord. No. 31-2024]
Block | Lot |
|---|---|
3000 | 391 |
3000 | 392 |
3000 | 393 |
3000 | 394 |
(14)
Ordinance No. 59 of 2024 amends the Zoning Map to create the Mount Laurel Round Three District 5 (MLR3D-5) from the Office, Research (“OR”) District on Block 3703, Lots 1, 1.01, 2 and 3.
[Added 10-16-2024 by Ord. No. 59-2024]
(15)
Ordinance No. AO-2 amends the Zoning Map to create the Mount Laurel Round Three District 6 (MLR3D-6) from the Office Research (OR) District (Block 3103 Lot 15).
[Added 8-20-2025 by Ord. No. 52-2025]
§ 134-27.2 Interpretation of boundaries.
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.
§ 134-27.3 Zone Boundary Changes.
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.
§ 134-28.1 Uses prohibited in all districts.
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]
§ 134-28.2 Use prohibited in residential districts.
Ingress and egress across or through a residential district for the purpose of access to a nonresidential use or district shall be prohibited.
§ 134-29 Uses permitted in all zones.
The following uses are permitted in all zones in Wayne Township.
§ 134-29.1 Agricultural uses.
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.
§ 134-29.2 Schools.
[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.
§ 134-29.3 Public utility and service structures.
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.
§ 134-29.4 Child care programs.
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.
§ 134-29.5 Public buildings, YM-YWCA and YM-YWHA facilities and quasi-public buildings and uses.
[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.
§ 134-30 Uses permitted in all residential zones.
The following uses are permitted in all residential districts in the Township.
§ 134-30.1 Family day care homes.
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.
§ 134-30.2 Community residences for the developmentally disabled and community shelters for victims of domestic violence.
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.
§ 134-30.3 Consolidation of lots.
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.
§ 134-30.4 Multiple kitchens.
[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.
§ 134-30.5 Country Clubs and Golf Courses.
[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.
§ 134-31 Uses permitted in all nonresidential zones.
The following use is permitted in all nonresidential zones in the Township:
§ 134-31.1 Child care centers.
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.
§ 134-31.2 Accessory Parking.
[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.
§ 134-32.1 Permitted uses.
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]
§ 134-32.2 Area and bulk regulations, detached dwellings.
[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]
§ 134-32.3 Conditional Uses.
§ 134-33.1 Permitted uses.
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]
§ 134-33.2 Area and bulk regulations, detached dwellings.
[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]
§ 134-33.3 Conditional uses.
§ 134-34.1 Permitted uses.
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]
§ 134-34.2 Area and bulk requirements, detached dwellings.
[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]
§ 134-34.3 Conditional uses.
§ 134-35.1 Permitted uses.
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]
§ 134-35.2 Area and bulk requirements, detached dwellings.
[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]
§ 134-35.3 Conditional uses.
§ 134-36.1 Permitted uses and structures.
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.
§ 134-36.2 Standards and criteria for RBC developments.
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.
§ 134-36.3 Yard requirements; setbacks.
(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.
§ 134-37.1 Permitted uses and structures.
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]
§ 134-37.2 Standards and criteria for residence-cluster developments.
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.
§ 134-37.3 Increase in density prohibited.
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.
§ 134-38.1 Intent and purpose.
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.
§ 134-38.2 Permitted uses and structures.
[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.
§ 134-38.3 Area and lot width requirements.
No leasehold lot shall have an area of less than 3,200 square feet and a width of lot of less than 40 feet.
§ 134-38.4 Yard and height requirements.
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).
§ 134-38.5 Density.
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.
§ 134-38.6 Other requirements.
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.
§ 134-39.1 Permitted uses.
§ 134-39.2 Area and bulk requirements.
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.
§ 134-40.1 Permitted uses.
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]
§ 134-40.2 Area and bulk regulations.
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.
§ 134-41.1 Permitted uses.
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.
§ 134-41.2 Development regulations.
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.
§ 134-41.3 Inclusionary Component.
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.
§ 134-41.4 Review and approval.
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.
§ 134-42 Open Space/Government Use (OS/GU) district.
[Amended 2-15-2012 by Ord. No. 6-2012]
§ 134-42.1 Permitted uses.
[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]
§ 134-42.2 Area and bulk regulations.
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.
§ 134-42.3 Conditional uses.
A.
Residential Treatment Facilities providing outpatient and inpatient services.
[Added 9-6-2023 by Ord. No. 42-2023]
§ 134-43.1 Permitted uses.
[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]
§ 134-43.2 Prohibited uses.
[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.
§ 134-43.3 Area and bulk requirements.
[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]
§ 134-44.1 Permitted Uses.
[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]
§ 134-44.2 Prohibited Uses.
[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.
§ 134-44.3 Area and bulk requirements.
[Ord. No. 21-2015 § 4; amended 3-19-2025 by Ord. No. 15-2025]
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.
§ 134-44.4 Conditional uses.
§ 134-45.1 Permitted uses.
[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]
§ 134-45.2 Prohibited uses.
[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]
§ 134-45.3 Area and bulk requirements.
[Amended 2-15-2012 by Ord. No. 6-2012; 3-19-2025 by Ord. No. 15-2025]
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.
G.
Maximum impervious coverage: 75%. The remaining 25% shall be landscaped pursuant to § 134-85 of this ordinance.
§ 134-46.1 Permitted uses.
[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]
§ 134-46.2 Area and bulk requirements.
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.
§ 134-47.1 Permitted uses.
[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]
§ 134-47.2 Area and bulk requirements.
[Ord. No. 21-2015 § 6; Ord. No. 43-2015 § 2; amended 3-19-2025 by Ord. No. 15-2025]
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.
§ 134-48.1 Permitted uses.
[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.
§ 134-48.2 Conditional uses.
§ 134-48.3 Area and bulk requirements.
[Amended 2-15-2012 by Ord. No. 6-2012; 3-19-2025 by Ord. No. 15-2025]
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:
§ 134-49.1 Permitted uses and structures.
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:
§ 134-49.2 Permitted accessory uses in both zones.
§ 134-49.3 Prohibited uses in both zones.
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.
§ 134-49.4 Development regulations.
[Amended 3-19-2025 by Ord. No. 15-2025]
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) | 2.5 stories/35 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) | 2.5 stories/35 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.
§ 134-49.5 Affordable housing 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:
§ 134-49.6 LEED certification.
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.
§ 134-50.1 Purpose.
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.
§ 134-50.2 Applicability.
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.
§ 134-50.3 Permitted uses.
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.
§ 134-50.4 Area and bulk regulations.
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.
§ 134-51.1 Purpose.
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.
§ 134-51.2 Applicability.
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.
§ 134-51.3 Mount Laurel Incentive District-1 (MLID-1)
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.
§ 134-51.4 Mount Laurel Incentive District-2 (MLID-2)
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.
§ 134-51.5 Mount Laurel Incentive District-3 (MLID-3)
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.]
§ 134-51.6 Mount Laurel Incentive District-4 (MLID-4)
[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.
§ 134-51.7 Continuing compliance with consent order.
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.
§ 134-52.1 General.
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.
§ 134-52.2 Findings for planned developments.
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.
§ 134-52.3 Ownership and management of common areas/open space.
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.
§ 134-52.4 Obligation of successive owners in planned developments.
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.
§ 134-53 Active Adult Dwelling district.
[Added 2-15-2012 by Ord. No. 6-2012]
§ 134-53.1 Permitted uses and structures.
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).
§ 134-53.2 Area and Bulk Regulations.
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.
§ 134-53.3 Supplemental design features.
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.
§ 134-53.4 Ownership and management of common areas/open space.
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.
§ 134-54 Mount Laurel Round Three Districts (MLR3D).
[Added 8-19-2020 by Ord. No. 26-2020; amended 8-19-2020 by Ord. No. 31-2020]
§ 134-54.1 Purpose.
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).
§ 134-54.2 Applicability.
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.
§ 134-54.3 Affordable housing regulations.
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.
§ 134-54.4 Continuing compliance with court order.
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.
§ 134-54.5 Mount Laurel Round Three District-1 (MLR3D-1).
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.
§ 134-54.6 Mount Laurel Round Three District-2 (MLR3D-2).
[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.
§ 134-54.7 Mount Laurel Round Three District-3 (MLR3D-3).
[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.
§ 134-54.8 Mount Laurel Round Three District-4 (MLR3D-4).
[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).
§ 134-54.9 Mount Laurel Round Three District-5 (MLR3D-5).
[Added 10-16-2024 by Ord. No. 59-2024]
A.
Purpose. The MLR3D-5 is intended to be implemented as a form of planned unit development with its primary non-residential emphasis on office, research and development, retail sales, retail services and entertainment uses along with residential uses to include, but not limited to, townhouse and multi-family residences, including integrated affordable dwellings, to provide opportunities for placing jobs and housing together in accordance with sound planning practice and State land use policy that addresses a significant portion of Wayne's third round affordable housing obligation. The MLR3D-5 zone was developed in conjunction with a settlement agreement between the Township of Wayne and Point View Wayne Properties, LLC. The overall intent of the settlement agreement is to: 1) provide for a range of commercial, retail, residential, and community uses to function as a mixed-use town center proximate to the Point View Reservoir which uses the water body as the main organizing focus for the center of development; 2) provide for residential uses surrounding the center of development and redevelopment that serves as a significant component of the Wayne's Housing Element and Fair Share Plan by creating realistic affordable housing opportunities; and 3) provide for significant buffering and separation for existing residential neighborhoods to the north, west and south bordering the zoning district to mitigate the more intensive development permitted to further the goals and objectives of the Housing Element and Fair Share Plan. The purpose of the "Concept Plan w/Subdistrict" Map, dated March 13, 2024, with Township revisions dated October 1, 2024, attached to the Settlement Agreement, is to show the geographic allocation of uses utilizing subdistricts of the MLR3D-5 zone while maintaining the flexibility to develop and redevelop the property over a number of years through the application for a general development plan pursuant to N.J.S.A. 40:55D-45.1; or, extended final site plan and/or subdivision application and approval pursuant to N.J.S.A. 40:55D-52e, as necessary for the development and redevelopment of lands subject to these regulations.
B.
Planned Unit Development Requirements. When planned development is proposed, it shall conform to the following requirements:
(1)
The minimum area to be developed shall be equal to the MLR3D-5 zone and may be developed in one or more phases or sections in accordance with the applicable requirements of N.J.S.A. 40:55D-1 et seq. More specifically, at the discretion of an applicant, the tract may be developed or redeveloped as a planned unit development pursuant to N.J.S.A. 40:55D-39.b and c.
(2)
Planned unit development. When developing the tract as a planned unit development, an applicant may submit a general development plan (GDP) pursuant to N.J.S.A. 40:55D-45.1 that creates two or more subdistricts within the MLR3D-5 zone that establish different uses and intensities of development according to definite standards within the plan provided that the tract's overall requirements and limitations are met that is consistent with the "Concept Plan w/Subdistrict" Map, dated March 13, 2024 with Township revisions dated October 1, 2024, or its permitted modification. The application and submission requirements for a general development plan shall be as established in § 134-108.
C. ACTIVE RECREATION AMENITY SPACE COMMON OPEN SPACE CONVENIENCE STORE PASSIVE RECREATION TRACT
Definitions. The following definitions shall apply to the MLR3D-5 District in lieu of any such definitions in Chapter 134 of the Code of the Township of Wayne:
Sports and leisure time activities with a set of rules and usually performed with others requiring equipment or constructed facilities, and amenity space for residents and guests.
An indoor or outdoor space for leisure time, recreation and social activities of a formal or informal nature associated with a residential building, cluster of buildings or neighborhood through tenure rights which may contain, but not be limited to, community center, meeting rooms for community events, fitness center/gymnasium, pool, lounge area, seating, tables, grilling stations, food preparation area, fitness stations, and court sports/leisure facilities, including but not limited to, tennis, pickle ball, squash, shuffleboard and bocce.
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
A retail store of less than 6,000 square feet of gross floor area which sells a limited variety of prepackaged sundries, dry goods, beverages and food that is open for extended hours.
Leisure time activities lacking a set of formal rules but that may include, but not be limited to, constructed facilities such as walking and bicycling paths, picnic areas, promenade, open field and play areas, and water access, which can also be used to observe nature and counterbalance urbanization. Public open space - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or county agency, or other public body for recreation and conservation purposes.
A contiguous area of land and/or water composed of one or more lots to make one distinct property meeting the requirements of this section for the use(s) intended that constitutes the entire area of a development application.
D.
Site Planning and Development Principles. The development and redevelopment of the MLR3D-5 District shall be designed to create a cohesive overall built and natural environment that integrates the existing buildings, or selective demolition of such buildings if required, and new residential, mixed residential and non-residential buildings, and non-residential buildings to achieve a mixed-use center of population, employment and services to its residents and the surrounding community. Accordingly, the design shall be guided by the following objectives:
(1)
The site layout of the planned development should be designed with an interconnected three-level street hierarchy, the highest concentration of residential and non-residential development in the east central part of the site by the Point View Reservoir, decreasing as one moves to the periphery of the site. The site is intended to have a high-quality pedestrian environment, including the provision of significant landscape architectural elements. These should include street furnishings that evoke an urban center, including benches, street trees, pedestrian scale lighting and variable pavement finishes.
(2)
Buildings should be sited to form a progression of blocks that are linked by streets, whether public or private, and a sidewalk system through the use of common architectural and landscape architectural elements.
(3)
Off-tract neighborhoods should be accessible to the main commercial area of the redevelopment and publicly accessible open space via dual-use pedestrian/bicycle walkways to the extent practicable.
(4)
To the degree feasible, views to the Point View Reservoir are to be maintained or enhanced.
(5)
Visual screening and buffering of higher intensity uses from neighboring residential neighborhoods should be provided.
(6)
Architectural massing using building heights and setbacks should create well defined streetwalls that shape the public realm.
(7)
A development in which space is provided for communal public gatherings and celebrations is desirable.
(8)
A development in which opportunities for recreation and relaxation are readily available and easily accessed is desirable.
(9)
A circulation design that balances the desire to create safe and efficient pedestrian and bicycle access with the need to provide access for vehicles and the movement of goods, necessary services and access for emergency responders is desirable.
(10)
Where architectural character is developed through the compatible massing of buildings while the individuality of each building is developed through use of materials and architectural details.
E.
General Requirements and Limitations. The following general requirements shall pertain to the MLR3D-5 zone:
(1)
Concept plan land uses. The MLR3D-5 zone consists of different land use subdistricts, as depicted on the "Concept Plan w/Subdistrict" Map dated March 13, 2024, with Township revisions dated October 1, 2024, that are generally described below. The geographic extent of the boundaries of the land use district may be varied as stated herein, provided no buffer setback requirement from the tract perimeter or height limitation is affected.
(a)
Residential 1 (R-1). A land use district for lower density residential uses that are in the closest proximity to adjacent residential neighborhoods to the north, west and south of the zoning district. The R-1 includes the R-1A and R-1B Subdistricts.
(b)
Residential 2 (R-2). A residential subdistrict intermediates in density between the Residential 1 and Mixed-Use Subdistricts.
(c)
Mixed-Used (MU). A land use subdistrict that combines residential and non-residential uses, including fully residential buildings, fully non-residential buildings and a combination of residential and non-residential uses in a single building that is intended as the core development and redevelopment area focused at the waterfront of the Point View Reservoir and from which the other land use subdistricts are organized in roughly concentric rings.
(d)
Gateway (G). A land use subdistrict located at the Berdan Avenue frontage of the MR3D-5 zone intended for non-destination non-residential uses.
(e)
Open Space (OS). A land use district for essentially unimproved land or water to conserve the natural openness of the land; or, a land use subdistrict not intended initially to be developed under a GDP or other extended development approval that may be granted by the Wayne Township Planning Board pursuant to N.J.S.A. 40:55D-45.1 or -52e pursuant to the "Concept Plan w/Subdistrict" Map but that may be developed through a future development approval.
(2)
It is the intention that the subdistricts be developed as an integrated community with connectivity. Connectivity of the subdistricts shall include and/or the subdistricts shall share at least two of the following solely at the election of the Developer:
(3)
Residential development. In the MLR3D-5 zone, a maximum of 1,360 dwellings shall be permitted. Each bed in an assisted living facility, residential health care facility, rehabilitation facility and skilled nursing facility shall count as one-half dwelling unit in the calculation of total dwelling units and density. Any eight-story building shall not exceed 240 total residential units.
(4)
Non-residential development. In the MLR3D-5 zone, the non-residential floor area ratio shall not exceed 0.15 of the total area of the zoning district.
(5)
Exemption from limitations on development. Development in the MLR3D-5 zone is exempt from the standards set forth in the following sections to facilitate implementation of the settlement agreement in the Third Round of affordable housing implementation and to reduce cost-generative measures in accordance with N.J.S.A. 5:93-10:
(c)
§ 134-66A(1) (Fence and wall height limitations for residential districts) shall not apply.
(g)
§ 134-91.2 (Calculation of number of building lots for subdivision and the number of units for site plans) shall not apply.
F.
Affordable Inclusionary Housing Requirements.
(1)
At least twenty percent (20%) of the total number of dwelling units in the MLR3D-5 zone shall be affordable to very low, low and moderate income households, regardless of tenure.
(2)
All affordable housing units shall be provided as family units and shall not be reserved for any particular population, including, but not limited to persons aged 55 years or older or persons with special needs.
(3)
The inclusionary affordable units shall be developed and administered in accordance with the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), UHAC regulations (N.J.A.C. 5:80-26.1 et seq.), and as required under Chapter 213, Affordable Housing Regulations, of the Code of the Township of Wayne.
(4)
At least fifty percent (50%) of the total number of affordable inclusionary dwellings shall be low-income affordable housing units, including very-low-income units.
(5)
At least thirteen percent (13%) of the total number of affordable inclusionary dwellings shall be very-low-income units.
(6)
Phasing of affordable dwellings shall be in accordance with N.J.A.C. 5:93-5.6(d).
(7)
The affordable housing units shall be integrated with the market rate units. Integration shall mean that the market rate and affordable housing units shall be the same, except for the following allowances:
(a)
Up to thirty-five percent (35%) of the dwellings in any building housing multiple dwellings may be affordable dwelling units.
(b)
The exterior building materials shall be the same in type and color but may be in different proportions than market rate units due to differences in width, number of doorways, number of windows and structure height.
(c)
The provision for the parking of passenger vehicles may differ between market rate and affordable housing units.
(d)
The interior designs and finishes of affordable units may differ from the market rate units.
G.
Permitted Uses. The following uses shall be permitted in the MLR3DR-5 zone as indicated in the following three permitted uses tables, where an "X" marks the use that is allowed (row) in the particular subdistrict (column) an indication of "C" means the use is conditionally permitted, an indication of "NP" means the use is prohibited and a hyphen "-" means it is not applicable. In the MU Subdistrict, any use permitted in the R-1 and R-2 Subdistricts shall also be permitted and in the R-2 Subdistrict, any use permitted in the R-1 Subdistrict shall also be permitted. Any other principal, accessory and conditional uses not listed shall be prohibited.
PERMITTED USES TABLES | |||||
|---|---|---|---|---|---|
PERMITTED PRINCIPAL USES | R-1 | R-2 | MU | G | OS |
Detached dwellings | X | X | NP | NP | NP |
Attached dwellings | X | X | NP | NP | NP |
Stacked, attached dwellings | X | X | NP | NP | NP |
Multi-family dwellings | NP | X | X | NP | NP |
Medical residential | NP | NP | X | X | NP |
Adult uses | NP | NP | NP | NP | NP |
Adult day care | NP | NP | X | X | NP |
Automobile Service Station | NP | NP | NP | NP | NP |
Bars and Nightclubs | NP | NP | X | NP | NP |
Brewery and distillery | NP | NP | C | NP | NP |
Bus and bus rapid transit station | NP | NP | X | NP | NP |
Catering facilities and banquet halls | NP | NP | X | X | NP |
Child care centers | NP | NP | X | X | NP |
Co-working space | NP | NP | X | NP | NP |
Data and information processing centers | NP | NP | X | NP | NP |
Exercise centers, fitness centers | NP | NP | X | X | NP |
Health care clinic | NP | NP | X | X | NP |
Health clubs and wellness centers | NP | NP | X | X | NP |
House of worship | NP | NP | NP | X | NP |
Hotels | NP | NP | X | NP | NP |
Incubator kitchen | NP | NP | X | NP | NP |
Incubator space | NP | NP | X | NP | NP |
Maker space | NP | NP | X | NP | NP |
Market space, indoors and outdoors | NP | NP | X | NP | NP |
Movie and performing arts theatres | NP | NP | X | NP | NP |
Municipal use | X | X | X | X | X |
Office | NP | NP | X | X | NP |
Office, medical or dental | NP | NP | X | X | NP |
Open space, public or common | X | X | X | X | X |
Power building | NP | NP | X | NP | NP |
Research facility, heavy | NP | NP | NP | NP | NP |
Research facility, light | NP | NP | X | X | NP |
Restaurants | NP | NP | X | X | NP |
Retail sales | NP | NP | X | X | NP |
Retail services | NP | NP | X | X | NP |
Services, health | NP | NP | X | X | NP |
Television and movie studio | NP | NP | X | X | NP |
Trails, fitness trails and along the Point View Reservoir, a promenade | NP | NP | NP | NP | X |
Urgent care center | NP | NP | X | X | NP |
PERMITTED ACCESSORY USES | |||||
|---|---|---|---|---|---|
Use | R-1 | R-2 | MU | G | OS |
Utilities | X | X | X | X | C |
Drive-thru (any use) | NP | NP | NP | NP | NP |
Off-street surface parking | X | X | X | X | NP |
Private garage and private driveway parking | X | X | X | NP | NP |
Structured parking | NP | X | X | X | NP |
Home occupation (§ 134.5-34.1.d) | X | X | X | NP | NP |
Exercise and fitness centers, health clubs | NP | X | X | NP | NP |
Maintenance buildings | X | X | X | X | NP |
Photovoltaic solar panels, roof mounted | X | X | X | X | NP |
Public restroom | NP | NP | X | NP | X |
Refuse and recycling collection areas | X | X | X | X | X |
Signs | X | X | X | X | X |
Temporary sales, management and construction trailers | X | X | X | X | NP |
Outdoor dining | NP | NP | X | X | X |
Rooftop dining | NP | NP | X | NP | NP |
Rooftop decks | X | X | X | X | NP |
Community center/clubhouse and recreation area(s), including indoor recreational facilities | X | X | X | X | NP |
Outdoor recreational facilities, fitness center, jogging paths, dog parks and runs, play lots and similar amenities as part of active and passive open space. | X | X | X | X | X |
PERMITTED CONDITIONAL USES | |||||
|---|---|---|---|---|---|
Use | R-1 | R-2 | MU | G | OS |
Brewery, cidery and distillery | NP | NP | C | NP | NP |
Child care center | NP | C | — | — | NP |
Commercial recreation | NP | NP | C | X | NP |
Conference center | NP | NP | C | NP | NP |
Food truck program | NP | NP | C | NP | NP |
Schools, training and business | NP | NP | C | C | NP |
Off-street surface parking | — | — | — | — | C |
(1)
Criteria for conditional uses. The following uses shall be permitted as noted in the prior table when meeting the criteria established below:
(c)
Commercial recreation. Any commercial recreation use in the Mixed Use subdistrict shall be located indoors.
(d)
Conference center. Any conference center fronting on a principal street shall be limited to an entrance area of sixty (60) lineal feet.
(e)
Food trucks provided that the following conditions are met:
(2)
Additional requirements for specific uses.
(a)
Exercise and fitness centers, health clubs when located in the R-2 subdistrict may offer memberships to residents not residing in the building in which the use is located who live in a building without such exercise center, fitness center, or health club and in the same development. "Same development" shall mean the geographic extent of the application for development under which the final approval was gained for its construction.
(e)
Market space, outdoor.
[1]
Provision of publicly available restrooms sufficient for size of facility within six hundred (600) feet by line of travel is required.
[2]
Provision of electric and water services shall be required.
[3]
Outdoor storage of goods and equipment shall not be permitted for three (3) or more consecutive days in which the market is not open to the public.
(f)
Outdoor dining.
[1]
Outdoor dining shall be permitted in conjunction with any restaurant use, food truck plaza, or market space.
[2]
Outdoor dining areas shall be delineated on a site plan at the time of application.
[3]
No outdoor dining area shall impede the flow of pedestrian circulation on public sidewalks or pathways.
(h)
Retail sales and services.
[1]
In the Gateway Subdistrict, no drive-thru facility for any retail sales and/or services use shall be permitted.
(i)
Rooftop deck.
[1]
Recreational and leisure activities, grilling stations, seating and tables shall be permitted on rooftop decks on multi-family and mixed-use buildings.
(k)
Utilities.
[1]
Location of proposed transformers and similar utility equipment shall be located near the loading areas of buildings or otherwise located away from any public or private spaces to the greatest ability reasonably possible.
[2]
Proposed locations of utility equipment shall be designed to the greatest ability to conform to the siting requirements of the relevant utility. In the case that the relevant utility does not approve the proposed locations, revised locations shall be contemplated under § 134-106.9.
[3]
Buildings which contain utilities shall be limited to the height permitted in the Subdistrict in which the utility is located.
H.
Tract Requirements.
(1)
The minimum tract area shall be equal to the MLR3D-5 zone and may be developed in one or more phases or sections in accordance with the applicable requirements of N.J.S.A. 40:55D-1 et seq. More specifically, at the discretion of an applicant, the tract may be developed or redeveloped as a planned unit development pursuant to N.J.S.A. 40:55D-39.b and c.
(2)
Planned unit development. When developing the tract as a planned unit development, an applicant may submit a general development plan pursuant to N.J.S.A. 40:55D-45.3 utilizing the provisions of N.J.S.A. 40:55D-45.1. Said general development plan submission shall include a separate plan that identifies the Subdistricts that is consistent with the settlement agreement "Concept Plan w/Subdistrict" Map land uses as established in § 134-54.C(1), but that may vary as follows:
(a)
Up to one hundred (100) feet in any direction between R-2 and MU Subdistricts upon showing of need for purposes of reaching development yield.
(b)
Up to an additional fifty (50) feet in any direction between R-2 and MU Subdistricts, if necessary due to the location of environmental constraints such as freshwater wetlands, steep slopes, and riparian or freshwater wetlands transition buffers.
(c)
There shall be no shifting of the R-1 boundaries, except as de minimis in nature.
(d)
Up to one hundred (100) feet in any direction from the R-2 or MU Subdistricts into the OS Subdistrict upon showing of need due to the location of environmental constraints such as freshwater wetlands, steep slopes, and riparian or freshwater wetlands transition buffers. Any expansion into the OS Subdistrict shall be offset by a correspondingly sized portion of the expanding Subdistrict being converted into OS Subdistrict.
(3)
Active and passive recreation requirements. In any planned development, the tract shall include a minimum of six (6) acres of passive recreation and three (3) acres of active recreation area. Rooftop areas located immediately above residential units shall not qualify as active or passive recreation, however amenities constructed above non-residential units including by way of example and not limitation amenities constructed above garages or on podiums shall count towards active and/or passive recreation. Such recreational areas shall be depicted on the general development plan and shall conform to the following requirements and/or limitations:
(a)
Active recreation. Active recreation shall consist of at least one multi-purpose field suitable for more than one sport or leisure time activity that shall be no less than 7,500 square feet in area. The total area of the multi-purpose field(s) or uses shall be no less than one (1) acre of the three total acres of land devoted to active recreation. Active recreation may be common open space associated with a singular property owner of a multi-tenanted residential building, homeowner's association, condominium association, cooperative association, other horizontal property regime; or group of such owners under a master deed, or the entire planned development under a master deed; or public open space. At least one-half (1/2) acre of the three acres of active recreation not used for a multi-purpose field(s) or uses shall be available to all occupants, residents and owners of a multi-tenanted residential building, homeowner's association, cooperative association, of other horizontal property regime.
(b)
Passive recreation. Passive recreation may include hiking, biking and fitness trails through any required perimeter buffer or through land otherwise in the OS District. Each one lineal foot of trail shall count as 30 square feet in the calculation of land towards the minimum land area required for passive recreation.
(c)
Phasing of open space. The provision of open space shall be made in accordance with the following minimum standards and shall be generally depicted on any general development plan submitted under § 134-54.9B and § 134-108.2, Submission Requirements, for general development plans. The percentage of the nine (9) required acres of combined active and passive open space and any appurtenant facilities associated with such open space shall be completed upon the issuance of the certificates of occupancy for the stated number of total dwelling units in the Point View development:
Number of Dwellings Issued Certificates of Occupancy | Minimum Percentage of Passive and Active Open Space Set-aside or Developed |
|---|---|
340 | 0% |
341 | 10% |
680 | 50% |
1,020 | 75% |
1,224 | 100% |
1,360 | 100% |
(4)
The bulk standards applicable to the Subdistrict shall be measured from any lot line, public or private street right-of-way on which the development has frontage. This shall not apply to nonresidential floor area ratio or impervious cover; these standards shall apply to the entirety of the MLR3D-5 District.
(5)
Each land use district shall have access to a public or private streets sufficient to address the anticipated level of pedestrian, bicycle, transit and private vehicle traffic generated by the allowed uses. Each land use district shall be integrated into the overall district's street system and, where feasible and consistent with the standards herein, provide multiple points of street access.
(6)
Each land use district shall be constructed to ensure that the planned unit development occurs in an orderly fashion so that streets, whether public or private, utilities, lighting, and other infrastructure is installed and operational for use by the general public.
(7)
The maximum block length shall be six hundred (600) feet. This shall exclude the Gateway and Open Space land use districts, as well as blocks containing an existing building(s).
(8)
Tract perimeter setbacks.
(a)
There shall be a minimum fifty (50) foot buffer around the entire perimeter of the site, except the minimum buffer shall be 100 feet from all properties in Blocks 3601, 3603 and 3624, and from the Woodhaven Trail and Sycamore Trail rights-of-way.
(b)
The perimeter area shall be planted with a combination of deciduous trees, conifers, shrubs, and berms, except for necessary street and utility crossings and where views to the Point View Reservoir are desired. Existing vegetation may serve as screening material at the discretion of the reviewing authority. The perimeter buffer area along the edge of Point View Reservoir may be used for pedestrian and bicycle pathways and landscaping shall be used to frame views to and from the waterbody, rather than fully screening the public viewshed. Except as modified above, the perimeter area shall be planted in accordance with the performance standard in § 134-86.4. Deviations from this standard shall be considered a design exception under N.J.S.A. 40:55D-51 by the approving authority.
(9)
Building height. Building height shall be measured in stories from the elevation containing the principal entrance to the building and in the event where more than one entrance may be considered a principal entrance, the principal entrance facing the highest order street, whether public or private, upon which the building fronts.
(a)
Heights by subdistrict:
[1]
Building height limitation in the R-1A Subdistrict (see "Concept Plan w/Subdistrict" Map): 3 stories and 42 feet (however, the linear height limitation may be increased by ten percent (10%) if the structure is constructed with a sloped roof).
[2]
Building height limitation in the R-1B Subdistrict: 4 stories and 52 feet (however, the linear height limitation may be increased by ten percent (10%) if the structure is constructed with a sloped roof).
[3]
Building height limitation in the R-2 Subdistrict:
[a]
Podium building multi-family with flat roof: 5 stories and 57 feet.
[b]
Podium building multi-family with peaked roof: 5 stories and 66 feet (however, the linear height limitation may be increased by twelve percent (12%) if the structure is constructed with a sloped roof).
[c]
Mid-rise building with flat roof: 8 stories and 96 feet in the 8-story building overlay area.
[4]
Building height limitation in the Gateway Subdistrict: 4 stories and 55 feet.
[5]
Building height limitation in the Mixed-Use Subdistrict: 5 stories and 72 feet.
[6]
Building height limitation in the Open Space Subdistrict: 1.5 stories and 28 feet.
(b)
Exceptions.
[1]
Exceptions to the story and linear height limitations shall include: non-habitable areas and enclosed spaces, including but not limited to, mechanical services, elevator penthouses, condensers, exhaust fans, air-conditioning and similar HVAC equipment; stair enclosures; skylights or atrium structures; roof-access stairwells and amenities on a roof top terrace (including, but not limited to decking, landscaping, railing, walls, outdoor furniture, lighting, pergolas and similar amenities); and architectural enhancements and appurtenances (including, but not limited to) parapets, chimneys, cupolas, steeples, spires, belfries, towers, corner towers, flagpoles and similar elements), provided that the total area of such roof top elements do not exceed twenty-five percent (25%) of the total floor area above the roof, nor extend more than fifteen (15) feet above the roof deck.
I.
R-1 Subdistrict Development Standards.
(1)
Development standards for detached dwellings in the R-1 subdistrict shall be as required for the Residential Medium Density (R-15) zone, see § 134-34.2, and in conformance with Article 4 Supplementary Zoning Regulations.
(2)
Development standards for attached dwellings in the R-1 subdistrict.
(b)
Minimum unit width: 20 feet.
(c)
Maximum building length through the long axis of the residential structure: 270 feet.
(d)
Minimum distances between buildings:
[1]
Minimum distance from building front to building front: 50 feet.
[2]
Minimum distance from building front to building side: 25 feet.
[3]
Minimum distance from building front to building rear: 50 feet.
[4]
Minimum distance from building side to building rear: 25 feet.
[5]
Minimum distance from building rear to building rear: 40 feet.
[6]
Minimum distance from building side to building side: 10 feet.
(e)
Minimum rear yard depth for individual use of dwelling by resident(s): 20 feet.
(f)
A garage door shall be no farther in front of the building wall that makes up the majority of a facade than eight (8) feet.
(g)
The building wall containing the garage access shall be setback a minimum of twenty (20) feet from the sidewalk or common access street or driveway, whichever is closest to the garage.
(h)
The front facade, excluding the garage, shall be setback a minimum of five (5) feet from the common access street or driveway, sidewalk or surface parking, whichever is closest to the front facade. This setback shall not apply to an open porch, landings, steps, overhanging eaves, cornices, chimneys, bay windows.
(i)
Rear and side facades shall be setback a minimum of fifteen (15) feet to the common access street or driveway, sidewalk or surface parking. This setback shall not apply to steps.
(j)
For any building containing townhouse and/or stacked townhouse dwellings, the facades of the individual dwellings shall be compatible but need not be completely uniform in appearance. Facades shall differ at least in the following ways:
[1]
Minimum number of different facades.
[a]
For buildings less than one hundred (100) feet in length: two (2) different facades.
[b]
For buildings between one hundred (100) feet in length and two hundred (200) feet in length: three (3) different facades.
[c]
For buildings greater than two hundred (200) feet in length: four (4) different facades.
[e]
Distribution of facades. A maximum of three (3) townhomes or six (6) stacked townhomes with the same facade may be constructed adjacent and attached to one another.
[2]
Additions. Additions to townhouses and stacked townhouses shall be similar color and material as the rest of the building.
(k)
Driveway design standards.
[1]
Not including the driveway apron or radius to the street or common access driveway, single car garage driveways should not exceed ten (10) feet in width and twenty (20) feet in width for double car garage driveways, unless needed to accommodate specific vehicle and building requirements.
[2]
No direct vehicle access to residential attached dwellings of any type shall be permitted from the principal street.
J.
R-2 and MU Subdistricts Development Standards:
(1)
Development standards for detached dwellings in the R-2 Subdistrict shall be as required for the Residential Medium Density (R-15) zone, see § 134-34.2, and in conformance with Article 4 Supplementary Zoning Regulations.
(2)
Development standards for attached dwellings in the R-2 Subdistrict shall conform to the development standards in the R-1 Subdistrict.
(3)
R-2 Overlay Area. Within the approximately 7.2 acre overlay area as depicted on the "Concept Plan w/Subdistrict" Map located on the northwest shore of the Point View Reservoir, one (1) eight-story multi-family building may be constructed on top of structured parking.
(4)
Development standards for multi-family, mixed use, and non-residential buildings.
(a)
Bulk standards.
[1]
Build-to line. Buildings fronting on public or private street(s) shall be located no further than thirty (30) feet from the curb line of the public or private street(s) on which the building has frontage.
[2]
Minimum lot size: twenty thousand (20,000) square feet.
[3]
Minimum lot frontage on a public or private street: eighty (80) feet.
[4]
Minimum lot depth: one hundred (100) feet.
[5]
Minimum side yard: Zero (0) feet common wall; otherwise minimum of ten (10) feet and maximum of twenty (20) feet. No side yard setback shall be required where adjacent to the OS Subdistrict (directly or across a public or private street) or adjacent to public or private open space.
[6]
Rear yard: Zero (0) feet common wall; otherwise a minimum of twenty (20) feet. No rear yard setback shall be required where adjacent to the OS Subdistrict (directly or across a public or private street) or adjacent to public or private open space.
[7]
Maximum impervious surface coverage for lots in the R-2 Subdistrict: seventy-five percent (75%) of lot area.
[8]
Maximum impervious surface coverage for lots in the MU Subdistrict: eighty-five percent (85%) of lot area.
(b)
Parking.
[1]
Access to parking. No access to parking for multi-family, mixed-use and non-residential buildings shall be permitted from a principal street.
[2]
Location of surface parking.
[a]
Parking shall not be located between a principal street and the principal building, except for existing parking in front of existing buildings.
[b]
On streets which intersect with a principal street, parking shall not be located between the principal building and the secondary or tertiary street within the fifty (50) feet of the principal street.
[c]
Parking between a secondary street and a principal building shall not occupy more than fifty percent (50%) of the block length of a secondary street. Parking shall otherwise be located behind the building.
[d]
Parking between a tertiary public or private street and a principal building shall be screened with a visual buffer consisting of shrubbery, shade trees and/or walls, with the landscape material spaced as closely as is recommended by an authoritative source based upon the species.
[3]
Location of structured parking.
[a]
Structured parking at the ground level shall be subject to the same standards as surface parking contained in (b) above.
[b]
Structured parking above the ground level and fronting on a principal street or fronting on the fifty (50) feet of block length of a secondary street intersecting a principal street shall be designed to screen the parking from view either through architectural design, artistic improvements, or other similar strategy to the degree feasible while maintaining adequate air flow according to the International Building Code, latest edition.
[4]
Parking requirements. Parking whether located on-street or in an off-street lot shall be provided as follows, however, the Planning Board may approve a lower amount upon presentation of a shared parking study which supports a lesser amount:
[a]
Residential Uses shall be in conformance with the Residential Site Improvement Standards (RSIS) as found in N.J.A.C. 5:21-1 et seq.
[b]
Gateway Subdistrict: 1 space per 250 square feet of gross floor area.
[c]
MU Subdistrict. Non-residential uses shall be 1 space per 250 square feet of gross floor area.
[d]
Electric vehicle charging stations (EVC) shall be as required by statute.
K.
The Gateway Subdistrict shall conform to the Office Research area, yard and coverage standards pursuant to § 134-47 except that the building height shall not exceed four stories and fifty-five (55) feet.
L.
Open Space Subdistrict Development Standards.
(1)
Maximum impervious surface coverage for lots in the Open Space Subdistrict shall not exceed five percent (5%) of total area.
M.
Street and Sidewalks.
(1)
Streets shall be designed as a right-of-way or internal "right-of-way" depending on whether the streets are public or private. The right-of-way shall include but shall not be limited to the cartway and any associated on-street parking; sidewalks and/or bike lanes and similar infrastructure; street furniture and lighting; street trees and/or planting strip.
(2)
A street grid shall be designed to create multiple paths of travel and cul-de-sacs shall be minimized.
(3)
A street hierarchy shall be created and shown on the GDP plan, identifying principal streets, secondary streets, and tertiary streets within the development. To the greatest extent feasible, streets intersecting any principal street shall be classified as a secondary street.
(4)
Access to off-street parking and loading shall be from streets other than the principal street in the Mixed-Use and R-2 subdistricts.
(5)
Streets, whether public or private that serve solely residential uses of the planned unit development shall comport with the Residential Site Improvement Standards ("RSIS", N.J.A.C. 5:21-1 et seq.) except as specified herein.
(6)
Streets that serve as access to both residential and non-residential or non-residential uses, only, shall comply with § 134-74 and § 134-75, except as modified below.
(a)
Streets shall be designed for shared use by pedestrians, motorists, bicyclists, and scooter riders. The design should incorporate parking lanes and travel lanes, bump outs at intersections, and speed tables and other traffic calming measures if warranted by traffic analysis, to create a safe travel environment for the users of the street.
(b)
Streets shall use curb placement, traffic calming, striping, and other mechanisms necessary to result in a design speed no greater than 25 miles per hour. Curve radii shall be designed to conform to the minimum radii of 25 mph streets as specified in the low-speed urban street curve radius tables from AASHTO, unless a greater radius is required to meet subparagraph (c) below.
(c)
Streets shall be designed to the minimum size necessary to functionally accommodate the vehicles in use by Fire Company No. 2 of the Township of Wayne.
(d)
Intersections shall be designed to minimize the length of time required for a pedestrian to cross the street in a perpendicular manner while meeting the turning radius requirements of the fire apparatus of Fire Company No. 2 of the Township of Wayne.
(e)
Streets shall have no more than one lane in each direction, unless the need for additional lanes is established to the satisfaction of the Board at the time of General Development Plan or Site Plan review. However, approval of additional lanes shall be contingent upon providing additional safety mechanisms for pedestrians to cross the wider streets, such as but not limited to, all-way stops at affected intersections or pedestrian activated flashing crosswalk signs/embedded pavement flashing light systems.
(f)
Any bike lanes provided on-street shall be designed in accordance with AASHTO Guide for the Development of Bicycle Facilities, latest edition.
(g)
Any on street loading shall be included within the on-street parking lane.
(h)
Sidewalks shall be provided on both sides of all public and private streets, with the exception that sidewalks may be reduced to one side of the street in the Open Space Subdistrict, at the discretion of the Planning Board, where supported by provision of alternative paths on sidewalks and trails.
[1]
The minimum sidewalk width shall be four (4) feet, as per R.S.I.S. standards, with the exception of along the elevation of a nonresidential building serving as the front entrance to that nonresidential building shall be six (6) feet. An applicant may propose an alternative sidewalk plan than these standards based on the location of buildings to each other to better reflect the anticipated level of pedestrian activity as part of a GDP application, for review and approval.
(i)
A planting strip with street trees shall be required between the cartway and sidewalk in all Subdistricts except the Gateway District and Open Space Subdistricts. Within the MU district, the planting strip may be replaced by the use of tree pits.
N.
Building Design Guidelines.
(1)
Building design guidelines are applicable to all development on the site, except for single-family dwellings, utilities, and development in the Open Space and Gateway Subdistricts.
(2)
Deviations from the building design guidelines shall be considered design exceptions in accordance with N.J.S.A. 40:55D-51.
(3)
The front edge of a building should encourage the establishment of a street wall to the development. The first three stories within each Subdistrict shall have substantially similar setbacks from the sidewalk. The fourth story and above may be setback from the primary facade.
(4)
Buildings should have architectural features and patterns that provide visual interest from the perspective of pedestrians and motorists. Buildings should include variation in mass through the use of the three main elements of base, middle and top in the facade and providing relatively consistent proportions across the width of the building. Building facades which face a public or private street or public or private open space shall be enhanced by the use of vertical and horizontal elements, such as but not limited to pilasters, arches, and cornices while maintaining a consistent street wall. The middle of such building facades shall be differentiated from the base by a horizontal transition line. The first story of such building facades should generally constitute the base of the design for any building three stories or higher. The design of the base, as well as the quality and durability of its materials, should be emphasized in the architectural design. In the hierarchy of building materials to be used for the facade, the most durable materials should be concentrated at ground level. The use of awnings in the MU Subdistrict are encouraged to demarcate one store from the other and also provides a location for signage.
(5)
Doorways, windows and other openings in the facade of buildings which face a public or private street or public or private open space should be proportioned to reflect pedestrian scale and movement and encourage interest at the street level. Multiple front entrances or architectural features should be incorporated into the building design in order to produce human scale elements in the mass of large structures. Doorways shall be designed so that the door does not extend into any sidewalk or plaza area and windows should be inset into the building facade by not less than 3 inches.
(6)
Front entrances should face the principal street or the intersection of the principal street and a secondary street. Secondary entrances should face either side streets or driveways, or may face rear oriented parking lots or parking structures. Buildings not on the principal street are not required to meet this standard, but may do so, if desired. All entrances intended for the public shall be architecturally prominent and clearly visible. Particular attention shall be paid to building entrances and facades for corner buildings and terminating buildings due to their function as focal points of the development.
(7)
Loading areas, other than on street loading, shall be oriented to the rear of the building, unless the applicant can demonstrate the infeasibility of rear loading.
(8)
Parking structures shall not face the principal street on the first floor. Parking structures facing the principal street on upper stories shall utilize architectural and/or artistic treatments to screen the parking structure.
O.
Signs.
(1)
Signs in the Gateway Subdistrict shall be subject to the applicable standards in the OR district (134-68.3G).
(2)
Signage for the tract, with the exclusion of the Gateway Subdistrict shall conform to the applicable standards in the B District (134-68.3A), except that freestanding signs shall only be permitted at the two entrances to the tract. Any free standing sign located at the southern entrance shall conform to size requirements of 134-68.3A(2)(a).
(3)
As part of a GDP application, an applicant may propose a coordinated sign package that deviates from the applicable standards of the sign regulations of the B district and the Board of Jurisdiction may approve such sign package, if, in the opinion of the approving body, the alternative standards better reflect the goals and objectives of the planned development under N.J.S.A. 40:55D-65.c.
§ 134-54.10 Mount Laurel Round Three District 6 (MLR3D-6).
[Added 8-20-2025 by Ord. No. 52-2025]
A.
Uses:
(1)
Permitted principal uses. The following shall be permitted principal uses on that portion of the Mount Laurel Round Three District 6 (MLR3D-6) district encompassed by Block 3103, Lot 15.
(a)
Dwelling, multi-family residential.
(2)
Accessory uses. Uses considered to be customary and incidental to the permitted principal use, may include, but not be 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 Mount Laurel Round Three District 6 (MLR3D-6) 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)
Mail kiosks (freestanding or enclosed);
(j)
Temporary management, leasing, sales, storage and construction trailers;
(k)
Permanent management offices, leasing and sales offices, and uninhabited model apartments, which shall not count toward density calculations;
(l)
Utility structures and facilities, including electrical transformers and solar arrays (rooftop or ground-level);
(m)
Signs (permanent and temporary).
B.
Minimum lot size: The minimum lot size shall be 10 acres.
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., as amended.
D.
Maximum Permitted Development Yield: The maximum number of housing units on that portion of the Mount Laurel Round Three District 6 (MLR3D-6) district shall be 275 units.
E.
Residential bulk requirements: Development of that portion of the Mount Laurel Round Three District 6 (MLR3D-6) district encompassed by Block 3103, Lot 15 shall meet the following requirements:
(1)
(3)
Building heights:
(a)
Multi-Family Residential: Maximum of 65 feet and 4.0 stories, with an additional 1/2 story permitted for pitched roofs so as to allow lofts on the 4th floor of the buildings, thus allowing 4.5 stories.
(b)
For the two buildings closest to Valley Road, the portions of the buildings that extend towards and generally perpendicular to Valley Road shall be limited to three residential stories, independent of roof line transitions to the four/four and 1/2 story section of the building, which transitions shall not be permitted to contain habitable areas.
(d)
For all residential buildings and accessory buildings within the Mount Laurel Round Three District 6 (MLR3D-6) 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.
(4)
(6)
Other residential requirements:
(a)
Parking, retaining walls, utility structures 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 Mount Laurel Round Three District 6 (MLR3D-6) 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, prior to accounting for any parking reductions as allowed for in New Jersey P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). 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.
(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)
One monument sign shall be permitted at each vehicular access to a public roadway. 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)
An elevator of sufficient size to accommodate an ambulance stretcher shall be provided in all buildings with three or more stories.
F.
Exemption from limitations on development: Development in the Mount Laurel Round Three District 6 (MLR3D-6) 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)
134-10.3 (Stream and maintenance fees);
(2)
134-10.4 (Soil removal permit fee);
(4)
§ 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;
(7)
§ 134-96.4 (General Requirements to Regulations for Slope and Soil Disturbance which adjust maximum allowable site disturbance), except that MAD/TADA calculations shall be provided for informational purposes only in connection with the residential development of the site;
(11)
§ 134-54.8E(5)(e) (Accessory structure setback from parking areas);
§ 134-55 Mandatory Affordable Housing Set-Aside.
[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.