[Added 6-1-1977 by Ord. No. 59-19771

Development review procedures for planned developments shall be in accordance with the provisions of this chapter, except as provided in this section All requirements of the subdivision and site plan Articles' shall apply, except as they may be vaned by specific requirements of this section

A.The application for preliminary approval shall set forth

(1) The name and address of the owner

(2) The location and size of the site

(3) The nature of the owner's interest in the land proposed to be developed

(4) The overall density of the project

(5) The density of land use to be allocated to parts of the site to be developed

(6) The location and size of any common open space and the form of organization proposed to own and maintain any common open space

(7) The use, approximate height, bulk and location of buildings and other structures

(8) The topography and location of any natural features found on the site

(9) An environmental impact statement of the effect of the project on the environment Such statement shall generally include, but not be limited to

(a) An inventory of existing environmental conditions at the project site and in the surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics, history and archaeology

(b) A project description Much shall specify what is to be done during construction and operation and how it is to be done

(c) A listing of all licenses, permits or other approvals as required by law and the status of each

(d) An assessment of the probable impact of the project upon all topics described in Subsection A(9)(a)

(e) A listing of adverse environmental impacts which cannot be avoided

(f) Steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in thee surrounding region

(7) For a combined application

(a) For a conditional use permit and a site Plan ninety-five (95) days

(b) For a subdivision plat and a conditional use permit or site plan: the longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval.

(c) For a subdivision plat, site plan or conditional use permit and certain zoning or floodplain variances, or direction of the issuance of a permit for a building not related to a street, or in an area designated on the Official Map for public acquisition ninety-five (95) days

B. In the case of the Board of Adjustment. as set forth in § 134-33 of this chapter The Board of Adjustment may refer any development application submitted to it pursuant to § 134-32 of tins chapter to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act

C. Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c 285 (N.J.S.A 40 27-6 3), in the case of a subdivision, or Section 8 of P.L 1968, c. 285 (N.J.S.A 40 2766), in the case of a site plan, the Planning Board or Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time

D. In the event that the Planning Board Dr Board of Adjustment does not render a decision within the time periods prescribed above and the applicant has not agreed to an extension of time, the application is deemed approved by default

A.Private roads The right-of-way and pavement widths for private internal ways, roads and alleys serving planned developments shall be determined from sound planning and engineering standards in conformity with the estimated needs of the development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum. traffic and the access of fire-fighting equipment, police vehicles and other emergency and service equipment. Private internal roads and walks shall have a required minimum pavement width as follows

(1) One-way traffic roads paved width of eighteen (18) feet.

(2) Two-way traffic roads.

(a) Minor street paved width of twenty-two (22) feet.

(b) Major street- paved width of twenty-eight (28) feet.

(3) The right-of-way width, in addition to the paved width of said one- and two-way traffic roads, shall be a minimum of thirty-three and one-third percent (33 1/3%) of the required pavement width

(4) Sidewalks, where required by the Planning Board, shall be at least three (3) feet in width.

(5) Service ways for public service vehicles shall not be less than twelve (12) feet in width

B. Dedicated roads Dedicated streets or highways shall be subject to all other township ordinances and the laws of the State of New Jersey. Dedicated streets or highways shall be materially constructed in accordance with the standards of Article VI I of this chapter, and further, the paved width of the various classes of roadway shall be required as follows

(1) Minor street pavement width of thirty (30) feet

(2) Minor collector street. pavement width of thirty-six (36) feet

(3) Major collector street pavement width of forty-four

(44) feet

C. Miscellaneous.

(1) No laundering or drying facilities, including but not limited to washing machines and dryers, shall be located outside of any structures

(2) Each Dwelling unit shall contain not less than two (2) private, separate entrances.

(3) Each Dwelling unit must be equipped with central heating and air-conditioning systems, with in- dependent controls for each

(4) Each Dwelling unit shall take care of and dispose of its garbage 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 and health regulations

(5) Plans shall be submitted showing pedestrian circulation, bicycle paths, etc , proposed within the development

(6) All open spaces between structures shall be protected, where necessary, by fully recorded covenants running with the land, conveyances or dedications

(7) No building shall contain more than four (4) Dwelling units, and no building containing Dwelling units shall be less than fifty (50) feet from any portion of any other such building, unless such requirement shall be specifically expanded or modified by the Planning Board for good cause

D. Special requirements and open space provisions.

(1) Every structure or group of structures and uses and every designed plot area or cluster unit having ser- vices, 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 fall or partial fee or for lease under deed, covenant, lease 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 a planned 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 planned development or a part thereof

(2) The Township of Wayne may, at any tune and from time to tune, 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

(3) The applicant shall provide for and establish an organization for the ownership and maintenance or, if held under 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, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the township

(4) Failure to maintain common open space

(a) 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 development fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Municipal Council 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 filed 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-five (35) days thereof and shall state the date and place of a hearing thereon, which shall be held within fifteen (15) days of the notice At such hearing the Municipal Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days 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-five (35) days or any permitted extension thereof, the Municipal Council, in order to preserve the taxable values of the properties within the planned 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 except when the same is voluntarily dedicated to the public by the residents and owners Before the expiration of said year, the Municipal Council 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 fifteen (15) days' written notice to such organization or to the residents and owners of the planned 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 Municipal council 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 Municipal council 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 during the next succeeding year and subject to a sunder hearing and determination in each year thereafter. The decision of the Municipal Council in any such case shall constitute a final administrative decision subject to judicial review

(b) The cost of such maintenance by the township shall be assessed pro rata against the properties within the development that have a right of enjoyment of open space in accordance with assessed value at the tune of imposition of the hen and shall become a hen and tax on said properties and be added to and be EL part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes

(6) As a condition of the approval of the proposed planned 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 Planning Board approval, with respect to ensuring the objectives and purposes of reasonable maintenance Said requirements of the Planning Board may vary as to particular applications and the buildings, structures and uses proposed therein, provided, however, that any such variations or 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

(a) The tune when the organization is created

(b) The form of the organization, whether a corporation, partnership, trust or other

(c) The mandatory or automatic nature of membership in the organization by residents or successors

(d) The liability of the organization for the insurance, taxes and maintenance of all facilities.

(e) Provision for sharing of costs and assessments

(f) The capacity of the organization to administer common facilities and preserve the benefits of common open space

(g) Whether members of the organizations am owners or tenants and any distinctions between types of members, if any

(h) Recordable documents evidencing a reservation and/or restriction on areas allocated for open space and/or common areas pursuant to the requirements of approval pursuant to this Article Any such reservation or restriction shall be binding on all successors in interest in the lands in question and subject to the prior approval of the Township Attorney

(6) Any organization or association organized pursuant to this Article shall submit a true copy of its charter and bylaws and a list of all of its officers, trustees or any person, corporation, firm or association having a vote or power to regulate the affairs of the said organization or association Said documents shall be filed in the office of the Township Clerk, and any amendments thereto shall be submitted to the Township Clerk within ten (10) days of their effective date.

(A) The final site plan for any Planned Development approved by the Planning Board under the provisions of this Chapter and any conditions thereof shall be binding upon the developer/applicant and upon any subsequent heirs and/or assigns. Said development plan shall not be altered in any manner without prior Township approval.

(B) Construction not in conformance with approved plans or failure to adhere to conditions of approval shall be deemed a violation of this Article.

(C) This s Section shall be enforced by the municipal Planner or iris designee. Notice detailing violations due to noncompliance shall be served upon the appropriate agent for the development and said violation shall be abated within ten (10) days.

(D) In the event that tree violation is not abated within ten (10) days of service, the Municipal Planner shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging a violation of this Article and specifying tire wrongful conduct of the violator. Each separate day the violation exists shall be deemed to be a new and separate violation of this Article.

(E) The penalty for violation shall be a fine not less than five hundred dollars ($500.) nor more than one thousand dollars ($1,000.) for each day of violation.

(F) In the event of on-going construction, the Municipal Planner or his designee shall notify the Township Construction Official who is hereby authorized to issue a stop-work order in order to halt construction until compliance is achieved.

**Webmasters Note: Section 134-73 has been added as per Ord. No. 47-1999.