[Added 12-16-1992 by Ord. No. 75-1992]

The purpose of this Article is to supplement Articles I through XXI of Chapter 211, Zoning, of the Code of the Township of Wayne in such a mariner as 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.

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 § 211-113 34 All applicable township ordinances shall be enforced with respect to these developments The requirements of the Wayne Township Environmental Protection Ordinance and its amendments, Article XIV of Chapter 134, Planning and Development Regulations, shall be applicable to developments in the AH Districts Notwithstanding the foregoing, the Planning Board may relax the provisions of Article XIV of Chapter 134, Planning and Development Regulations, 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

In Affordable Housing Districts, 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. Multifamily structures consisting of two (2) or more Dwelling units which are part of a development containing a set-aside of housing units designed for occupancy by low and moderate income persons or households The mandatory set-aside shall be as specified in §211-113 34 of this Article

B. A sign identifying a housing development and located at the entrance or entrances to such development and limited to thirty (30) square feet in area The design, location, landscaping and maintenance of such sign shall be in accordance with specifications and conditions determined by the municipal agency (Planning Board, Board of Adjustment or Municipal Council when acting pursuant to Chapters 134, Planning and Development Regulations, and 211, Zoning, of the Township Code)

C. Customary accessory buildings, including but not limited to garages, sheds, recreational buildings and facilities for the sole use of development residents and their guests and mail-delivery facilities

D. A church, municipal building or structure, firehouse or first-aid building, public school, private school, nursery or day-care center, public or private parks and/or playgrounds, recreational facilities, open spaces, drainageways or lakes, ponds and swimming facilities

E. Other buildings, structures and uses as provided by Article XIX of this chapter

A. 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

B. Design standards The development standards and design specifications of Chapter 134, Planning and Development Regulations, of the Township Code shall be applicable to all inclusionary development within the District, except as stipulated in this Article

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 twenty-five (25) feet except along property lines adjoining nonresidential zoning districts where buffers are required pursuant to Chapter 211, Zoning, 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 inclusionary development shall be the combination of all lots designated within the Affordable Housing District No lot or parcel shall be subdivided therefrom for any other purpose except that of a park or 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 open 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 twenty-five percent (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 twenty-five percent minimum area

(2) All such common open spaces 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 improvements to permitted uses or facilities located therein and accessory and appurtenant to the inclusionary development

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 lot 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. Private driveways The right-of-way and pavement widths for private internal ways, private driveways or cartways and alleys serving inclusionary 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 equipment In evaluating the foregoing, other provisions of Chapter 134, Planning and Development Regulations, and of Chapter 211, Zoning, shall apply, where appropriate, and otherwise may serve as general guides to the municipal agency in approving the development plans In any event, private internal driveways and walks shall have a required minimum pavement width, and the township shall have no responsibility for these driveways, nor will the township be required to service them or the residential structures off them in any way

(1) The required pavement width shall be as follows

(a) One-way traffic, cartway paved width of eighteen (18) feet

(b) Two-way traffic

[1] Minor driveway paved width of twenty-five (25) feet

[2] Major driveway paved width of thirty (30) feet

(2) The right-of-way width, in addition to the paved width of said one and two-way traffic drives, shall be a minimum of thirty-three and one-third percent (331/3%) of the required pavement width

(3) Sidewalks, where required by the municipal agency, shall be at least three (3) feet in width

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

(5) Pavement standards shall be in accordance with the standards for Chapter 134, Planning and Development Regulations

I. Dedicated streets Dedicated streets or highways shall be subject to all other township ordinances, requirements of the County of Passaic and the laws of the State of New Jersey Private streets may be allowed within any project at the discretion of the municipal agency Dedicated streets or highways shall be constructed in accordance with the standards of Chapter 134, Planning and Development Regulations, of the Code of the Township of Wayne, and, further

(1) The paved width of the various classes of roadway shall be required as follows

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

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

(c) Major collector street pavement width of forty-four (44) feet

(2) Pavement standards shall be in accordance with the standards for Chapter 134, Planning and Development Regulations

J. Curbing Wherever curbing is required by the municipal agency, such curbing shall be made either of concrete or Belgian block, at the Planning Board's option

K. Off-street parking

(1) There shall be off-street parking facilities in accordance with the following schedule Each off- street parking space shall consist of not less than one hundred eighty (180) square feet Garages may be utilized by the applicant in conjunction with uncovered parking to lessen the amount of outside paved parking areas as shall be reasonable in the particular case No group of attached garages not connected to a principal building may contain more than four (4) garages

Off-Street Parking Requirements

(2) For housing designed exclusively for and occupied by senior citizens or households of a special nature, such as the handicapped, off-street parking shall be provided at a minimum ratio of fifty hundredths (0.50) space per unit Such parking shall be provided in addition to any garages built on site An area where additional spaces can be provided at a later date, if necessary, shall be reserved on the site, such area shall be designed to accommodate an additional ten hundredths (O.10) car per unit Such reserved area shall not decrease the open space requirements of this chapter At the discretion of the municipal agency, these requirements may be increased if additional parking spaces are determined to be necessary

L. Other dedicated improvements Any other improvements dedicated to the municipality shall conform to the standards as set forth in Chapter 134, Planning and Development Regulations, of the Code of the Township of Wayne

M. Recreation. Recreation areas 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 areas, such term to include but not be limited to picnic areas, nature areas, etc

N. 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 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

(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.

(6) Lighting plans for the entire project (or any portion being approved) shall be submitted for municipal agency approval

O. Ownership and management of common areas/open space

(1) 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 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 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

(2) 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

(3) 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 other-wise (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

(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 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 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, 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 such case shall constitute a final administrative decision subject to judicial review

(b) 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

(c) 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

(5) 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

(a) The time 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 the 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 are owners or tenants and any distinctions between types of members, if any

(6) Conditions of preliminary approval

(a) 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 sections or stages shall be

[1] 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

[2] 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

[3] 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

(b) 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

(c) If the 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

(7) 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

P. 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

The chart attached hereto as Schedule A' denotes the density and bulk requirements applicable to each affordable housing site within the Affordable Housing District