[Added 6-1-77 by Ord No. 58-1977]
A. This Article is adopted pursuant to the authority of the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975 (N.J.S.A 40-55D-65 et seq), and the amendments thereof and supplements thereto.
B. The purposes of this Article shall be the following to provide a method of development pursuant to and in accordance with the provisions of the Municipal Land Use Law in order to provide standards and criteria that will encourage innovations in residential housing design and type, reflecting changes in the technology of land development and resulting in conservation of land, the more efficient use of developable land, together with ancillary open space, and the provisions for public service to such housing, provided that all such development shall not aesthetically or physically intrude upon preexisting neighborhood housing schemes and patterns; to lessen the burden of traffic on streets and highways, and to conserve the value of the land.
A. The township recognizes that, due to the nature of remaining developable lands within the township, development will further aggravate existing problem conditions involving such matters as traffic, flooding and drainage and will strain recreation and other municipal services To ameliorate such problem conditions and to lessen the burden on municipal service, the township desires to take full advantage of modern design, construction, technology and planning methods that will advance and promote sound growth and the general welfare of the municipality, strengthen and sustain its economic potentials, provide adequate, safe, efficient and economical 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 a variety of service activities, parks, playgrounds, recreational areas, parking and other open space in orderly relationship to each other and in conformity to the development of the municipality as a whole
B. In order to effectuate the foregoing and to locate such residence-cluster developments as a single entity upon the most suitable land in view of the rapidly expanding population of the community, to ensure that sound planning goals are met for the potential use of the land and to prevent piecemeal and disorderly development of certain tracts of ground within the municipality, to protect existing uses, to preserve the physical characteristics of the land to the maximum extent possible, to ensure provisions for light and air, the prevention of overcrowding of land or buildings and the creation of an adequate road network, to secure the health, morals and general welfare and for the better functions, two (2) Residence-Cluster Districts, RC-125 and RC-25 are hereby established subject to the following conditions, criteria and standards [Amended 4-2-80 by Ord No 16-1980]
All applications for development shall be in accordance with the procedures set forth by the planning and development regulations in the Code of the Township of Wayne.
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 (5) Dwelling units consisting of single-family Dwelling units in detached, semidetached 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. Churches, municipal buildings or structures, public or private schools (as herein defined in § 211-1B) and private or dedicated public parks or playgrounds, said parks or playgrounds to be developed in accordance with sound principles of planning and the highest standards of engineering and design If said park is dedicated to the municipality, the association in charge of common open space shall not be responsible for maintenance and upkeep of said park
D. 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 Planning Board
E. 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
F. [Added 6-19-85 by Ord No 30-1985] Satellite dish, as herein defined, subject to the following provisions
(1) On single-family detached, semidetached or attached structures, one (1) dish not exceeding three (3) feet in diameter for seven (7) 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, churches, municipal buildings or structures and public or private schools, a dish subject to the following provisions.
(a) A dish not to exceed three (3) feet in diameter [or seven (7) 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 (3) feet in diameter, but not exceeding twelve (12) feet in diameter [or one hundred thirteen (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 (2) feet from the ground Said two (2) feet shall be measured with the dish in a vertical position
(3) Nothing herein shall preclude the use of a common dish serving one (1) or several groups of structures, provided that it shall
(a) Be located on the ground in a rear yard.
(b) Not exceed twelve (12) feet in diameter [or one hundred thirteen (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 (2) feet from the ground Said two (2) 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
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 twenty-five percent (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 twenty-five-percent minimum area
(2) [Amended 12-5-79 by Ord No 93-1979] Density The maximum density in each district shall be as follows
(a) RC-1 25 District up to one and twenty-five hundredths (1.25) Dwelling units per acre.
(b) RC-2 5 District up to two and five-tenths (2.5) Dwelling units per acre
(3) Area requirements All residence-cluster developments shall have an area of not less than forty (40) acres
(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) One hundred (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 eighty (80) feet or more
(b) Setback distances from all other public and any private roads with a right-of-way of thirty-five (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 fifty (50) feet from the road in an RC-1 25 District and forty (40) feet from the street line in an RC-25 District [Amended 4-2-80 by Ord. No 16-1980]
(c) No building or structure shell be located within one hundred (100) feet of any perimeter development line.
(d) All of the foregoing yard requirements may be expanded or modified by the Planning Board for good cause.
(3) There shall be off-street parking facilities for the Parking of two (2) automobiles for each Dwelling unit, Each off-street parking space shall consist of not less than one hundred eighty (180) square feet. Garages shall be utilized in conjunction with uncovered parking to lessen the amount of outside paved parking areas as shell be reasonable in the Particular case. A minimum of one (1) garage shall be provided for each Dwelling unit. Any group of attached garages shell have a joint capacity of not more than four (4) automobiles
(4) No building shall exceed thirty-five (35) feet above the first floor or two (2) stones, including an attic which may be converted into living floor space in excess of one hundred (100) square feet in the case of detached units only
(5) No building shell 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 fifty (50) feet in width shell be provided along any one-family residential or garden apartment boundary line zone; provided, however, that a one-hundred-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 fifty (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
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
If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Article. The Municipal Council hereby declares that it would have passed the Article and each section and subsection thereof irrespective of the fact that any one (1) or more of the sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
