[Added 6-5-1996 by Ord. No. 30-1996]
In Active Adult Dwelling Districts, no lot, plot, 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 four (4) or more Dwelling units contained in separate or attached structures intended for and limited to occupancy by adults, the single member of which or either the husband or wife of which, or both, or any number of siblings or unrelated individuals of winch, or a parent of children of which, is/are fifty-five (55) years of age or older and have no children under eighteen (18) as members of their household or as otherwise defined by the Social Security Act, as amended, and providing facilities and services designed to meet the physical and social needs of such person(s) This provision shall not apply to any resident manager and family resident on the premises
(B) A sign identifying the active adult development and located at the entrance or entrances to such development and limited to thirty (30) square feet in area. Such sign may be a double-faced sign perpendicular to the street line. The design, location, landscaping and maintenance of such sign shall be in accordance with specifications and conditions determined by the Planning Board. All LED, digital, animated, scrolling, flashing, or any other form of electronic sign, are prohibited.
**Webmasters Note: The previous subsection (B) has been amended as per Ordinance No. 42- 2006
C. Customary accessory buildings such as, but not limited to, a clubhouse, pool, exercise, maintenance and equipment storage building(s)
A. The minimum size of active adult sites shall be twenty (20) acres The minimum lot width shall be two hundred fifty (250) feet
B. The maximum height of active adult structures shall riot exceed two and one-half (2) stones or thirty-five (35) feet in height except where parking is provided beneath the building, in which case the building height may be increased to forty (40) feet
A. One hundred (100) feet along major arterial roads
B. Forty (40) feet along all other streets and roads
A. The minimum depth of a rear yard shall be fifty (50) feet
B. The minimum width of a side yard shall be not less than seventy-five (75) feet where any single-family residential district adjoins an Active Adult District and not less than forty (40) feet in ail other cases
The minimum distance between structures shall be thirty (30) feet, except that, where an access drive is located between structures, the mini-mum distance between them shall be fifty (50) feet
No more than twenty (20) Dwelling units shall be contained in any one (1) continuous structure, and there shall be no more than twelve (12) Dwelling units in any unbroken building line A setback of not less than four (4) feet shall be deemed a satisfactory break in the building line
* The maximum density permitted shall be ten (10) Dwelling units per acre
* Dwelling structures shall not occupy more than thirty percent (30%)
At least twenty percent (20%) of the gross site area shall be devoted to recreation areas, not including paved parking and access drive areas The areas set aside for recreation purposes shall provide for common open spaces and facilities suitable to serve the residents of the active adult development and shall include a swimming pool and a multipurpose building, which building shall be at least ten (10) square feet in size for each Dwelling unit They may include areas containing facilities for other active and passive recreation activities as well as sitting areas
A. The minimum right-of-way width of interior access roads shall be fifty (50) feet.
B. Roadways
(1) Roadway widths shall be thirty (30) feet.
(2) Roadways shall have curbing and pavement thickness in conformity with township standards
(3) Roadways shall have a minimum radius of twenty-five (25) feet
(4) Curb returns in and adjacent to parking areas and driveways shall have a minimum radius of five (5) feet
(5) Private streets/roadways shall be permitted
Every Dwelling unit shall provide living floor space in conformity with the following schedule
At least two (2) off-street parking spaces shall be provided for each Dwelling unit, of which at least one (1) space per Dwelling unit shall be in garages which shall be located beneath the structure. Twenty (20) additional possible future guest parking spaces shall be detailed on the development plans but shall not be constructed unless the Planning Board determines that they are needed after the development is completed No off-street parking shall be located in any front or side yard along Paterson-Hamburg Turnpike or along any other main thoroughfare referred to in § 211-38. No exterior off-street parking shall be permitted within ten (10) feet of any active adult Dwelling structure. No parking of recreational vehicles, including boats, shall be permitted on the site.
A. Off-street non-garage parking shall have a minimum parking space size of nine by eighteen (9 x 18) feet
B. All parking spaces in the basement of an active adult Dwelling shall be a minimum of eight and one-half (8 1/2) feet wide and eighteen (18) feet long
C. Handicapped parking spaces and access shall be provided as required by state standards
D. Parking within setback areas shall be permitted
A. Buffer areas shall be required along all property lines abutting single-family detached residence districts except street frontages and township parks A fifty-foot landscaped buffer of deciduous and coniferous plant materials shall be installed forming a one-hundred percent visually impervious buffer at a minimum height of five (5) feet and maintained at a minimum height of not less than ten (10) feet This width can be reduced to no less than five (5) feet with the provision of a one- hundred-percent visually impervious screen or wall not less than five (5) feet in height of permanent material, which is used to separate any contiguous single-family detached residential zone A free-form earthen berm of a minimum height of five (5) feet may be constructed, in which case the Planning Board may lessen its requirement for plant materials.
B. Plant materials used in screen planting shall be at least five (5) feet in height when planted and be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area, be of nursery stock arid shall be free of insects and disease.
C. Buffer areas shall be permanently maintained, and plant materials which do not live shall be replaced within one (1) year or one (1) growing season
D. The screen planting shall be so placed that, at maturity, the plant material will be no closer than one (1) foot from any street or property lines except as provided above.
A. Utilities Water, sanitary sewer and storm drainage shall be in accordance with township standards
B. Maximum coverage
(1) Maximum impervious coverage fifty percent (50%)
(2) Minimum required common open space forty percent (40%)
(a) Included are all landscaped and open areas, including sidewalks and recreational structures, such as clubhouses, teams courts, swimming pools and any other impervious surfaces which are provided as part of recreational facilities, and
(b) Not including buildings and paved parking areas (except as provided above)
C. Fence heights Fencing shall be limited in height as set forth in the township fence ordinance, except for a fence associated with recreation areas, which shall not exceed twelve (12) feet in height.
D. Sidewalks Concrete sidewalks shall be constructed along both sides of every street or roadway shown upon the plat in the location determined by the municipal agency at the time of preliminary approval in accordance with applicable standards and specifications of the township except that sidewalks shall not be required on turnaround circles, islands or culs-de-sac provided that there are no Dwelling units within them
E. 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
F. Recreation. Recreation areas provided within the development are only for the use of its residents and their guests
A. 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
B. Each Dwelling unit shall contain its own washer and dryer
C. 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 As an alternate there shall be at least one (1) trash and garbage pickup location provided for each forty (40) units which shall be totally enclosed by a seven foot-high masonry wall compatible with the architectural styling of the building and landscaped with a gate or entry on one (1) side Such enclosure shall contain appropriate containers approved by the appropriate township department for garbage and recycling
C. All electric and telephone utilities within the development shall be placed underground as required under Township Ordinance No 70-1971.
D. Lighting plans for the entire project (or any portion being approved) shall be submitted for municipal agency approval
A. 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 way be established by ownership in fall 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 Bled 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
B. The Township of Wayne may, at any time and from tune 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.
C. 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 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 otherwise (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
D. Failure to maintain common open space
(1) 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 development fail to maintain the common Open pace 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) day, 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 organizations 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 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
(2) 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 hen within the development
(3) It is the intent of the township that there shall be no subdivision of 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
E. As a condition of the approval of a proposed development, the Planning Board 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 Planning Board 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.
(1) The time when the organization is created
(2) The form of the organization, whether a corporation, partnership, trust or other.
(3) The mandatory or automatic nature of membership in the organization by residents or successors.
(4) The liability of the organization for the insurance, taxes and maintenance (if all facilities
(5) Provision for the sharing of costs and assessments
(6) The capacity of the organization to administer common facilities and preserve the benefits of common open space
(7) Whether members of the organizations are owners or tenants and any distinctions between types of members, if any,
F. Conditions of preliminary approval,
(1) 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 conditions or stages shall be
(a) 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
(b) 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 unit development is permitted.
(c) Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require under conditions of ownership and maintenance as will prevent damage or detriment to any completed section or stages and to adjoining properties
(2) Plans and specifications of such sections or stages are to be filed with the Planning Board 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
G. 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 service 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
