[Added 6-21-1989 by Ord. No. 35-1989]
The township recognized that due to the nature of much of the remaining developable lands within the Residential B District in the township, in such land containing environmental constraints (such as steep slope areas, shallow depth to bedrock, heavily wooded areas, wetlands, etc.), development will further aggravate existing problem conditions involving such matters as traffic, flooding and drainage. To ameliorate such problem conditions, the township desires to take full advantage of modern design, construction, technology and planning methods that will advance and promote sound growth and general welfare of the municipality, strengthen and sustain its economic potentials, provide adequate, safe, efficient municipal services and utilities; and establish appropriate patterns for the distribution of population in housing accommodations coordinated with the protection and enhancement of natural beauty and resources and in harmony with their surroundings, both within and without the municipality, and, in order to provide for open space and the preservation of environmentally sensitive areas therein, it is the intent of this zone to provide a new district for cluster single-family residential units at a density commensurate with the existing Residence B Zone density and to allow the siting of various types of single-family dwellings on smaller lots which will provide common open space areas and locate development outside of the environmentally sensitive areas to as great an extent as possible It is the finding of the governing body that the regulations set forth herein provide for reasonable standards for development of such single-family dwellings, thereby minimizing the necessity for variations from these regulations
All applications for development shall be in accordance with the procedures set forth by the Planning and Development Regulations in the Township of Wayne Code I.
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. Residential uses.
(1) Single-family detached dwellings,
(2) Duplex dwellings [two (2) single-family dwellings with one (1) common wall],
(3) Attached single-family Dwelling units of no more than three (3) units,
(4) Quadplex dwellings consisting of four (4) single-family dwellings attached with common walls at one (1) side and rear
(5) community residences and community shelters as set forth in Section 211-3K.
**Webmasters Note: The previous subsection (5) has been added as per Ord. No. 13-1998.
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 fifty (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 (7) feet in height or eighty (80) square feet in area, shall be permitted, subject to the following provisions
(1) For detached, duplex or attached dwellings, such shed shall be located in the rear yard no closer than ten (10) feet from the side or rear property line.
(2) No sheds shall be permitted for quadplex dwellings
G. Private swimming pools or tennis courts upon lots with not less than fifteen thousand (15,000) square feet.
A. Usage categories
(1) Density The maximum density in the RBC District shall be up to two and nine-tenths (2.9) Dwelling units per gross adjusted area, as determined by the environmental protection provisions (see § 134-450 et seq)
(2) Area requirements All RBC developments shall have an area of not less than twenty (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
(1) General restrictions applicable to all uses
(a) All dwellings shall be limited in height to two and one-half (21/2) stories or thirty-five (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
[1] For single-family detached Dwelling lots, thirty-five percent (35%) or four thousand (4,000) square feet, whichever is less
[2] For all other Dwelling lots, forty percent (40%) or four thousand (4,000) square feet whichever is less
(d) There shall be a minimum seventy-five-foot setback from any perimeter property line abutting any type of residential zone and fifty (50) feet from all other perimeter property lines
(e) Private swimming pools and their appurtenances outstructures and tennis courts, where permitted, shall comply with the following provisions
[1] They shall be located in the rear yard only
[2] They shall be set back a minimum of fifteen (15) feet from any side or rear property line, except that on-grade aprons or walks can be located no closer than five (5) feet from any side or rear property line
(f) All patios, driveways or walks shall be a minimum of five (5) feet from any Side or rear property line
(g) [Amended 12-2-1992 by Ord. No. 70-1992] 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, takes, 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 in Chapter 134, Planning and Development Regulations, Article XIV, § 134-450 et seq 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, Planning and Development Regulations, Article XIV, § 134-450, 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 (1) 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 b) 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, Article VIA, § 134-72D(4) shall be followed In addition, information and/or documents as found in Chapter 134, Planning and Development Regulations, § 134-72D(5) and (6) shall be submitted prior to final approval of the development
A.Single-family detached dwellings
(1) Lot areas The minimum lot area shall be seven thousand (7,000) square feet
(2) Lot width The minimum lot width shall be sixty (60) feet
(3) Lot depth The minimum lot depth shall be one hundred (100) feet
(4) Side yards The minimum side yards shall be fifteen (15) feet each, except for lots which are in excess of one hundred (100) feet in width, where two (2) side yards of twenty (20) feet each shall be provided
(5) Rear yard The minimum rear yard shall be thirty-five (35) feet, except that decks may encroach into a required rear yard no more than ten (10) feet
(6) Front yard The minimum front yard setback shall be twenty-five (25) feet, except that no portion of am structure shall be closer to the front property line than the height of that structure at any particular point
B. Duplex Dwelling Each Dwelling lot shall meet the following provisions
(1) Lot area The minimum lot area shall be six thousand (6,000) square feet
(2) Lot width The minimum lot width shall be sixty (60) feet
(3) Lot depth The minimum lot depth shall be ninety (90) feet
(4) Side yards The minimum side yards shall be twenty (20) feet and zero (0) feet
(5) Rear yard The minimum rear yard shall be thirty-five (35) feet, except that decks may encroach into a required rear yard no more than ten (10) feet
(6) Front yard The minimum front yard setback shall be twenty-five (25) feet, with a minimum five-foot offset between attached Dwelling units In no case shall any portion of any structure be closer to the front property line than the height of that structure at any particular point.
C. Attached single-family dwellings
(1) No more than three (3) units shall be attached
(2) Bulk requirements shall be in compliance with Subsection B, except that the center lot may have zero (0) side yard setbacks
D. Quadplex dwellings Each Dwelling lot shall meet the following provisions
(1) Lot area The minimum lot area shall be five thousand five hundred (5,500) square feet per Dwelling unit, with a combined total of no less than twenty-two thousand (22,000) square feet
(2) Lot width The minimum lot width shall be sixty (60) feet
(3) Lot depth The minimum lot depth shall be sixty (60) feet
(4) Side yards The minimum side yard shall be twenty-five (25) feet
(5) Front yard The minimum front yard shall be twenty-five (25) feet In no case shall any portion of any structure be closer to the front property line than the height of that structure at any particular point
