Notes and Special Requirements

1. Building height The maximum building height shall be twenty-five (25) feet as measured from average finished grade directly adjacent to the building to the mean of any sloped roof In the case of a flat roof structure, the height shall be measured to the top of the roof parapet All mechanical equipment and its related screening structures shall be allowed an additional five (5) feet of height

2. Front setbacks shall be measured from the proposed right-of-way if proposed for widening

3. Buffer areas shall be comprised of a minimum of twenty-five (25) feet of continuous planted landscaped area along all side and rear lot lines, all residential uses or zones not adjacent to a public right-of-way

4. Maximum building coverage shall be as permitted, provided that all other requirements are met

5. Parking for Option B uses shall be as follows For every two hundred (200) square feet of gross building area, one (1) parking space shall be required, however, for restaurants and eating and drinking establishments, one (1) space for every three (3) seats

6. All parking areas shall conform to the requirements of Chapter 134, Planning and Development Regulations, of the Code of the Township of Wayne

7. All loading areas shall be located in the rear of the building

8. Installation of all site improvements, including roadways, parking/loading facilities, walkways, landscaping, drainage, utility services, etc , shall conform to the requirements of Planning and Development Regulations (Chapter 134) of the Code of the Township of Wayne.

D. Overlay zones, including the provisions of Ordinance

Nos 57-1988 and 58-1988, shall not apply to this district if developed under Option A Any proposed development under Option B shall comply with the applicable provisions of Ordinance Nos 57-1988 and 58-1988

E. Except as noted above, all other codified development standards in effect as of the execution of the aforementioned consent order shall apply to development in this district

F. To the extent of any inconsistency between the standards contained herein and those contained in the aforementioned consent order, the consent order shall govern

G. Nothing herein shall limit the powers of the municipal agency to process and approve development applications for the subject district in accordance with law and the codified development standards in effect prior to passage of this Article

A. Intent and purposes It is the intent and purpose of this district to implement a consent order dated October 8, 1991, as approved by the Superior Court of New Jersey, by the Honorable Howard H Kestin, J S C , Docket No W-036738-88 (Ronald R Pagano v Township of Wayne, et al - Consent Order as to Weinmann Tract) This district is created primarily for the conduct of retail trade and general business

B. Permitted uses and structures No structure shall be built for any purpose other than

(1) Any use permitted in the Residence A District subject to Residence A bulk requirements, however, no mixed uses are permitted, i e, no mixed residential and business use

(2) Stores, shops, business offices, retail shopping centers

(3) Home improvements, garden centers and all related uses

(4) Theater, club, hotel, restaurant, cafeteria, cocktail lounge, amusement or assembly hall or other type structure or installation for recreational use, provided, however, that no permanent amusement park, carnival, circus or similar business operated for a profit shall be permitted in such a district Business uses involving the sale of alcoholic beverages for off-premises consumption shall not be permitted

(5) Bank, trust company or other financial establishment, business and professional offices or studios

(6) Fire station, police station, post office, telegraph or telephone office, telephone exchange building, library, passenger bus station, taxicab stand, electric substation and other municipal or public buildings

(7) Shop or store for the conduct of retail business, stamp redemption center, plumbing or other building or home improvement, newspaper office, printing shop or personal service establishment

C. Prohibited uses Prohibited uses shall be the same as those outlined in Article XII, § 211-64H(1) to (18), of the Township of Wayne Code

D. Signage Signs shall be allowed when in accordance with the following limitations

(1) Except as noted below, the development may have signs in accordance with the signage permitted in the Business District as per § 211-64D of the Wayne Code

(2) All individual tenants shall be allowed signage not to exceed ten percent (10%) of the building facade area and shall be approved by the Planning Board

E. Bulk requirements

(1) Area and width of lot the minimum lot area requirement for any purpose shall be a minimum of six and thirty-hundredths (630) acres The minimum lot width shall be two hundred (200) feet

(2) Building height the maximum allowed building height shall be two (2) stories or twenty-five (25) feet as measured from average finished grade directly adjacent to the building to the mean of any sloped roof In the case of a flat roof structure, the height shall be measured to the top of the roof parapet All mechanical equipment and its related screening structures shall be allowed an additional five (5) feet of height

(3) Required yards and setbacks

(a) Front one hundred (100) feet All principal buildings shall be set back a minimum of one hundred (100) feet from the Paterson-Hamburg Turnpike existing right-of-way and/or proposed widening of the right-of-way and seventy-five (75) feet from Cyanamid Drive

(b) Side twenty-five (25) feet A minimum setback of twenty-five (25) feet shall be required from all side lot lines

(c) Rear fifty (50) feet A minimum setback of fifty (50) feet shall be required from all rear lot lines

(d) Buffer area A minimum of fifty (50) feet wide of continuous planted landscaped area shall be provided along the easterly side line opposite the residentially developed area

(4) Lot coverage

(a) The maximum allowed gross square footage of a building shall not exceed twenty percent (20%) of the lot area, provided that the ground floor shall not contain more than forty-five thousand (45,000) square feet and the second floor shall not contain more than ten thousand (10,000) square feet, and further provided that the plan complies with all other requirements of this Article

(b) The maximum allowed total impervious surface area shall not exceed sixty percent (60%)

(c) Open space requirement There then shall be a minimum of fifteen percent (15%) landscaped open space provided

(d) The maximum allowed disturbance area shall not exceed seventy percent (70%) of the total lot area

(5) Parking

(a) For every two hundred (200) square feet of gross building area, one (1) parking space shall be required, however, for restaurants and eating and drinking establishments, one (1) space for every three (3) seats

(b) All parking areas shall conform to the requirements of Chapter 134, Planning and Development Regulations, of the Township of Wayne Code

(c) All loading areas shall be located at the rear of the building and shall comply with township ordinances F. Overlay zones, including the provisions of Ordinance Nos 57-1988 and 58-1988, shall not apply to this district if developed under Option A. Any proposed development under Option B shall comply with the applicable provisions of Ordinance Nos 57-1988 and 58-1988.

G. Except as noted above, all other codified development standards in effect as of the execution of the aforementioned consent order shall apply to development in this district

H. To the extent of any inconsistency between the standards contained herein and those contained in the aforementioned consent order, the consent order shall govern

I. Nothing herein shall limit the powers of the municipal agency to process and approve development applications for the subject district in accordance with law and the codified development standards in effect prior to passage of this Article

All approvals by the Township Council, municipal agency or any municipal entity for any development within this district shall contain a condition that full compliance with the applicable consent order is a nonseverable, continuing condition of said approval Submission of the consent order applicable to each district shall be a prerequisite to a determination of completeness of any development application This provision shall be nonseverable from this Article