(Added 10-20-1993 by Ord. No. 70-1993]

The purpose of this Article is to supplement Articles I through of the Zoning Ordinance of the Code of the Township of Wayne in such a manner as to

A. Provide a framework for zoning incentives in exchange for voluntary developer contributions for affordable housing purposes,

B. 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

C. 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 N.A.A.C.P. v Township of Mount Laurel, 92 N.J 158 (1980), and the Fair Housing Act, N.J.S.A 52 27D-301 et seq.

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 Nary 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 Article and other codified township ordinances in effect prior to passage of this Article, this Article 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 all of the applicable regulations governing the construction of inclusionary housing in the Township of Wayne as specified in Chapter 213, Affordable Housing Regulations, of the Code of the Township of Wayne To the extent of any inconsistency between this Article or Chapter 213, Affordable Housing Regulations, and the applicable consent order, the consent order shall govern

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 (1), 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 agerestricted facility consisting of a mix of independent living units and/or assisted living units, defined as either residential health care facility units or boardinghouse Class C units [as defined in § 211-113 42C(1) hereinbelow] 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 I as follows "A Continuing Care Retirement Community means the provisions 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 (1) 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 for one (1) year of residency 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 (3) employees of the CCRC

[8] Satellite antennas

[9] Garages, sheds and fences

[10] Signs The development may have one (1) identification sign This sign shall not exceed thirty (30) square feet in area and six (6) feet in height It shall be set back at least twenty (20) feet from all property lines

[11] Other customary accessory uses and buildings which are incidental to the principal use and building

(2) Multifamily 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 § 211-1 of Chapter 211, Zoning, of the Code 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 Special Business District under the same terms and conditions listed under Article XIV of Chapter 211 of the Code of the Township of Wayne

(4) All construction on site shall comply with applicable building, fire, plumbing, electrical and other related codes

C. Continuing Care Retirement Community bulk requirements

(1) Maximum number of units

(a) Residential uses

[1] A mix of two hundred forty (240) independent living units and/or residential health care facility units or boardinghouse Class C units, plus

[2] Sixty-bed long-term care facility 6

(2) Setbacks

(a) Minimum setback requirements from property lines shall be based on building heights as set forth in Subsection C(2)(a)[1] through [3] below Notwithstanding these setback requirements, all principal buildings along the PatersonHamburg Turnpike shall be set back a minimum of one hundred (100) feet from the existing right-of-way In the event that a jughandle 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 twenty-five (25) feet from the right-of-way line, but in no event shall it be required to be greater than one hundred (100) from the existing right-of-way

[1] One (1) and two (2) stories [a] Side thirty (30) feet [b] Rear thirty (30) feet

[2] Three (3) and four (4) stories [a) Side forty (40) feet [b] Rear thirty (30) feet

[3] More than four (4) stories [a] Side forty-five (45) feet [b] Rear thirty (30) feet

(3) Building heights.

(a) Maximum building height shall be no more than six (6) stories or sixty-eight (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 housings must be screened and incorporated into the roof structure of the building and shall be limited to twelve (12) feet over the maximum allowable building height

[2] All units above the first floor must be served by an elevator within five hundred (500) feet walking distance from the entrance of each unit

(4) Building spacing.

(a) The following minimum dimensions between buildings shall apply to the individual structures and shall be based on facade height measured from ground to cornice line up to two (2) stories

[1] Windowless wall to windowless wall ten (10) feet

[2] Window wall to windowless wall twenty (20) feet

[3] Window wall to window wall thirty (30) feet

(b) For a structure having a height of twenty-four (24) feet or more

[1] Windowless wall to windowless wall eighteen (18) feet

[2] Window wall to windowless wall twenty-four (24) feet

[3] Window wall to window wall forty (40) feet

(5) Parking

(a) Except as noted herein, parking areas are to be designed in accordance with § 134-137C of Article IX of Wayne Township's Planning and Development Regulations

(b) Parking within setback areas is permitted, provided that a minimum buffer area with a width of twenty-five (25) feet is maintained between public road right-of-way and the parking area and that no buffer is required between internal roadways and parking areas

(c) Minimum distance building to parking- ten (10) feet

(d) Minimum number of parking spaces one (1) space for each independent living unit, plus two (2) spaces for each employee living quarters, provided that adequate private transportation services are instituted as approved by the municipal agency

(6) Design A minimum land area or area equal in the aggregate to forty thousand (40,000) square feet shall be designed and designated for the outdoor passive or active recreation use of the residents of the project

(7) Maximum coverage

(a) Maximum building coverage thirty percent (30%)

(b) Maximum impervious coverage sixty-five percent (65%)

(c) Minimum total open space thirty-five percent (35%)

(8) Fence heights Fencing shall be limited in height to six (6) feet

(9) Age of residents Except for accessory staff housing as provided for in Subsection B(l)(b)[7] herein, at least one (1) of the occupants of each independent living unit and the assisted living units shall be at least sixty-two (62) years of age or as otherwise regulated by federal or state law, as shall eighty percent (80%) of the occupants of the long-term care facility

D. Multifamily residential bulk requirements

(1) Maximum number of units one hundred twenty eight (128) units

(2) Setbacks from exterior property line

(a) Front one hundred (100) feet All principal buildings along the Paterson-Hamburg Turnpike shall be set back a minimum of one hundred (100) feet from the existing right-of-way In the event that a jug-handle turn is constructed to allow westbound PatersonHamburg Turnpike cars to make a left-hand turn onto Jackson Avenue southbound, the setback from the jug handle shall be no less than twenty-five (25) feet from the right-of-way line, but in no event shall it be greater than one hundred (100) feet from the existing right-ofway

(b) Side twenty-five (25) feet

(c) Rear twenty-five (25) feet

(3) Building heights

(a) Maximum building height shall be no more than six (6) stories or sixty-eight (68) feet, exclusive of roof-mounted mechanical equipment and elevator penthouses

(b) 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 twelve (12) feet over the maximum allowable building height

(4) Building space

(a) Minimum distance between buildings

[1] Two (2) stories or less thirty (30) feet

[2] More than two (2) stories fifty (50) feet

(b) Minimum setback from interior road twenty-five (25) feet

(5) Parking

(a) Except as noted herein, parking areas are to be designed in accordance with § 134-137C of Article IX of Wayne Township's Planning and Development Regulations

(b) Parking within setback areas is permitted, provided that a minimum buffer area with a width of twenty-five (25) feet is maintained between public road right-of-way and the parking area and that no buffer is required between internal roadways and the parking area

(c) Minimum distance building to parking- ten (10) feet

(d) Minimum number of parking spaces two and one-tenth (2.1) spaces per unit

(6) Maximum coverage

(a) Maximum building coverage thirty percent (30%)

(b) Maximum impervious coverage sixty-five percent (65%)

(c) Minimum total open space thirty-five percent (35%)

(7) Fence heights Fencing shall be limited in height to six (6) feet

E. Overlay zones, including Ordinance Nos 57-1988 and 58-1988, shall not apply to this district and are superseded by the standards contained herein, only if the property is developed in accordance with the uses enumerated in § 211-113 42B(1) and (2) above In the event that the site is developed in accordance with the Special Business Zone, all standards governing the use of property in this zone shall apply, including but not limited to those imposed by Ordinance No 57-1988

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, JSC, Docket No W-42158-88E (Custom Living Developments v Township of Wayne, et al)

B. Permitted uses

(1) Multifamily residential

(a) Townhouse

(b) Flat

(c) Townhouse-flat combination

(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. Multifamily residential bulk requirements

(1) Maximum number of units three hundred ninety-five (395) units, consisting of three hundred forty-five (345) market rate (for sale or rent) units and fifty (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.

(2) Maximum number of units per building

(a) Market rate units twenty-four (24)

(b) Lower-income units twenty-five (25)

(3) Building setbacks from perimeter property lines

(a) Front one hundred (100) feet All principal buildings along Berdan Avenue shall be set back a minimum of one hundred (100) feet from the existing right-of-way

(b) Side forty (40) feet

(c) Rear fifty (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 height Maximum building height shall be no more than three and one-half (31/2) stories, including garages and/or carports In addition, no building shall be more than thirty-eight (38) feet high, measured from the average grade to the mean height of a pitched roof, exclusive of chimneys and similar fixtures

(5) Building spacing

(a) Minimum distance between buildings twenty-five (25) feet

(b) Minimum setback from roadways fifteen (15) feet

(6) Parking

(a) Except as noted herein, parking areas are to be designed in accordance with § 134-137C of Article IX of Wayne Township's Planning and Development Regulations

(b) Parking within setback areas is permitted

(c) Minimum distance from building to parking lot area ten (10) feet, except that this provision shall not prohibit parking under buildings or directly adjacent to garages or carports

(d) Minimum number of parking spaces two and zero-tenths (2.0) spaces per unit Garages and carports shall be counted as parking spaces There shall be no required minimum number of garages

(e) Parking shall be allowed directly off of roadways, but parking spaces shall be set back five (5) feet from the roadways

(f) Minimum parking space size shall be nine by eighteen (9 x 18) feet

(7) Roadways

(a) Roadway widths

[1] Two-way traffic, minimum width required twenty-four (24) feet

[2] One-way traffic, minimum width required twelve (12) feet

(b) Roadways shall have curbing and pavement thickness in conformity with township standards

(c) Roadways shall have minimum radius of twenty-five (25) feet

(d) Curb returns in and adjacent to parking areas shall have a minimum radius of five (5) feet

(e) Private streets/roadways shall be permitted

(8) Utilities Water, sanitary sewer and storm damage shall be in accordance with township standards,

(9) Maximum coverage

(a) Maximum impervious coverage sixty-two percent (62%)

(b) Minimum required common open space thirty-eight percent (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, and

[2] Not include buildings and paved parking areas (except as provided above)

(10) Fence heights Fencing shall be limited in height to six (6) feet, except for the fence associated with recreation areas, which shall not exceed twelve (12) feet in height

(11) All developments built under the provisions of this Article shall not be required to comply with Ordinance No 57-1988 of the Code of the Township of Wayne and any subsequent amendments thereto