In expansion of the community development objectives contained in Article
I, §
182-2 of this chapter, it is hereby declared to be the intent of this article with respect to ARR Age-Restricted Residential Community District to establish reasonable standards and criteria to permit an age-restricted residential community as a conditional use in appropriate locations within the R-1 District of the Township, based upon a specialized set of development regulations appropriate for such a development.
A. To recognize housing needs for residents as they get
older and life-style preferences changes.
B. To provide for developments consistent with the provisions
of the Federal Fair Housing Act amendments of 1988, or as subsequently
amended.
C. To provide for such developments consistent with the
Township's Comprehensive Plan goals.
D. To recognize that lesser impacts and smaller household
sizes associated with age-restricted communities can justify higher
densities than typical development in the underlying districts.
E. To encourage flexible site design which respects the
Township's natural features.
F. To encourage the creation of individual neighborhoods.
An age-restricted residential community is allowed only as a conditional use in the R-1 Residential District, provided that the tract proposed for such development meets the criteria specified in §
182-63.20 of this article, and that the procedural requirements for conditional uses, set forth in §
182-204 of this chapter, are followed. An "age-restricted residential community" shall be construed to mean a planned development consisting of residential use(s) as permitted herein, along with recreational and community uses incidental to such a development, as hereinafter provided.
A. The residential uses which are permissible in an age-restricted
residential community are as follows:
(1)
Single-family detached dwellings.
(2)
Single-family detached zero-lot line dwellings
and other nontraditional forms of single-family detached dwellings.
B. Certain additional uses shall be developed in conjunction
with an age-restricted residential community, including the following;
provided, however, that none is intended as an independent, freestanding
commercial use:
(1)
Community center for the exclusive use of residents
of the community or their guests. Development of the community center
shall occur in the first phase of any multiphase project. The community
center shall provide at least ten square feet of area for each household
in the community it is to serve; provided, however, that it shall
have a minimum of 2,000 square feet. A community center may include
the following:
(a)
Kitchen, dining, and banquet facilities.
(b)
Lobby(ies) or other common gathering areas;
meeting rooms.
(c)
Locker rooms, rest rooms, and exercise facilities.
(d)
Administrative/management offices.
(2)
Outdoor recreational facilities for the exclusive use of residents of the community or their guests, including tennis courts, fitness/jogging/walking/bicycling trails, practice golf green, or similar facilities. In addition, as a result of the unique nature of an age-restricted residential community, the requirements for the open space areas shall be as prescribed in this section and §
182-63.22C herein; the requirements of Article
IVA of Chapter
154, Subdivision and Land Development, shall not be applicable for development approved pursuant to this article.
C. Additional uses which may be developed in conjunction
with an age-restricted residential community may include the following,
provided, however, that none is intended as an independent, freestanding
commercial use:
(1)
Gate house (security hut) and appurtenances
related thereto (gates, automated card readers and similar facilities)
(2)
Accessory uses customarily incidental to the
other uses permitted in this Article.
D. No-impact home based businesses in accordance with the standards set forth in §
182-21.3 herein.
[Added 3-15-2004 by Ord. No. 436]
E. Home occupations, provided that all of the requirements of §
182-21.4 herein shall be met.
[Added 3-15-2004 by Ord. No. 436]
The following prerequisites shall be met for
each application for approval of an age-restricted residential community:
A. An age-restricted residential community development shall meet all provisions of the Federal Fair Housing Act amendments of 1988, or as subsequently amended. As part of the declaration of restrictive covenants as required pursuant to §
182-63.25 herein, the applicant shall include a declaration against all dwelling units proposed to be age-qualified. The declaration shall permanently bind a minimum of 80% of the dwelling units to be permanently occupied by at least one person age 55 or older; a greater percentage may be so restricted as part of the declaration. No permanent occupant of an age-qualified dwelling unit may be less than 18 years of age.
B. Any tract of ground, or contiguous group of tracts
which are the subject of an application for conditional use approval
as an age-restricted residential community pursuant to this article,
shall contain a minimum of 50 acres, exclusive of area within the
ultimate rights-of-way of existing public roads.
C. Any tract of ground, or contiguous group of tracts
which are the subject of an application for conditional use approval
as an age-restricted residential community pursuant to this article,
shall have a minimum of 350 feet of frontage, measured along the ultimate
rights-of-way, on roads with a collector or higher classification
according to the Township's adopted Ultimate Right-Of-Way Map. Any
individual area of such frontage less than 100 feet in length shall
not be credited towards this frontage requirement.
D. A traffic impact study and community impact analysis, submitted in forms as described in §
182-120E and
I of this chapter, respectively, shall be required for any conditional use application submitted pursuant to this article. Evaluation of the community impact analysis shall be in accordance with the procedure set forth in §
182-56 of the chapter. In addition to those requirements of §
182-120I, the community impact analysis shall include a separate section describing the market feasibility of the proposed community, documenting the demand for age-restricted units and the types of dwelling units proposed.
The following general regulations shall apply
in the ARR age-restricted residential community District:
A. Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction in accordance with an approved master plan and declaration of restrictive covenants pursuant to §§
182-63.24 and
182-63.25 herein, respectively, and in accordance with approved subdivision and/or land development plans as shall be required. The master plan, declaration of restrictive covenants, and development agreement required in Subsection
D of this section shall be binding upon all assignees or purchasers of property in the District.
B. Sewer and water facilities. The tract shall be served
by public sewer and public water facilities deemed acceptable by the
Board of Supervisors.
C. Development plans. In addition to the master plan required pursuant to §
182-63.24 herein, actual application for development of all or part of a tract of land in this District, shall be accompanied by subdivision and/or land development plans which shall comply with Chapter
154 of the Township Code, Subdivision and Land Development. The plans shall be subject to the tentative, preliminary, and final plan stages in accordance with the requirements of that chapter.
D. Development agreement. In addition to the declaration of restrictive covenants required pursuant to §
182-63.25 herein, approved development of all or any portion(s) of a tract in this District shall be executed in accordance with a development agreement in form and substance satisfactory to the Township. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan for the tract, or phases(s) or portion(s) thereof, as appropriate. Should any final plans be amended subsequent to original recording, an approved amended final plan shall be recorded, together with an amended development agreement, as necessary.
In any development pursuant to this article,
a master plan of the entire development tract shall be submitted for
approval by the Board of Supervisors. Once approved, said plan shall
be recorded prior to or simultaneously with the recording of the initial
subdivision and/or land development plan for any portion of the tract.
The following are the minimum requirements for said plan:
A. As a minimum, said plan shall be drawn to tentative sketch plan requirements, pursuant to §
154-11 of Chapter
154, Subdivision and Land Development. The master plan shall show relationships between the proposed developed areas of the tract with open space areas. It shall show how development of the entire tract, once executed in accordance with this plan, will function cohesively as an integrated development. The master plan shall depict proposed buildings/building groupings, lot lines, vehicular circulation, parking, usage of other open space areas, and a generalized landscaping scheme for the entire tract. The master plan shall not replace the need for a tentative sketch plan submission for individual phases or sections of the proposed development as would otherwise be required by Chapter
154, Subdivision and Land Development, §
154-10A.
B. Preservation of natural features shall be assured;
demonstration of this shall be documented through the master plan
and on subsequently required subdivision and/or land development plans
and landscape plans. The following shall be addressed in terms of
natural features preservation:
(1)
Floodplains and wetlands shall be protected in accordance with the Floodplain Conservation District, Article
III of this chapter, and §
154-12C(5)(d) of the Township Subdivision and Land Development Ordinance, respectively, as well as all applicable state and federal regulations.
(2)
Steep slopes shall be protected in accordance with the Steep Slope Conservation District, Article
XVIII of this chapter. When in the opinion of the Township Engineer soils information does not adequately depict steep slopes, topographic information shall be used to supplement it.
(3)
Disturbance of woodlands and other vegetation shall be minimized. Section
154-35B, Tree preservation, of Chapter
154, Subdivision and Land Development, shall be enforced. When more than 25% of the trees with a minimum of a six-inch caliper must be removed, compensatory planting shall be provided at a rate of one inch of new caliper for every four inches of caliper removed. Every replacement tree shall have a minimum of two-and-one-half-inch caliper. Alternative types of compensatory planting may be permitted, with the concurrence of the Township. No grade changes, installation of impervious cover, or equipment storage shall be permitted within the dripline of any tree to be preserved; fencing shall be placed at the dripline before any site work is begun, including tree removal or grubbing.
(4)
Topsoil shall be protected in accordance with §
154-35C, Topsoil preservation, of Chapter
154, Subdivision and Land Development.
C. In addition to sidewalks which are otherwise required
by Township ordinances, pedestrian accommodations shall be included
on the development tract in locations logical to provide pedestrian
movement between buildings, between buildings and parking areas, and
between the residences and open space areas. Said pedestrian accommodations
shall be reflected on each subsequently approved land development
plan. In addition to accommodation for pedestrians, accommodations
shall be made for the handicapped. For any crossings of roadways with
a feeder or higher classification in accordance with the Township's
Ultimate Right-Of-Way Map, grade-separated accommodations shall be
provided unless the Township specifically approves an on-grade arrangement.
In any instance wherein a pedestrian or handicapped crossing is proposed
for a roadway of lesser classification, suitable markings and signage
shall be provided to alert motorists of the crossing.
D. Any change to proposed lots, buildings, circulation,
parking, or open space configuration, landscaping, or extent of natural
features preservation which is substantive in the opinion of the Board
of Supervisors will necessitate a revised master plan to be submitted,
approved and recorded to replace any prior master plan(s). The Board
may permit modifications, including but not limited to, minor modifications
to the layout of dwelling unit/lots, and minor adjustments in the
location of groupings of dwelling units, without submission of a revised
master plan. However, any changes approved, which are not shown on
the currently recorded master plan shall be reflected on the master
plan next required. No subdivision or land development for any development
on the subject development tract shall be approved without a current
recorded master plan.
E. The most current recorded master plan must contain
a tabulation of the ratio of open space provided on the development
tract and a tabulation of the number of dwelling units proposed and
tract-wide density which will result once said units are constructed.
Said tabulations shall be kept current through the most recently approved
subdivision and/or land development. A revised master plan must be
recorded simultaneously with the recording of each subsequently approved
subdivision and/or land development in order that the open space ratio
is continually updated. In addition, as each land development plan
is approved on an individual lot, a perpetual deed restriction shall
be placed on that lot restricting any further subdivision of that
lot and further restricting the amount of impervious coverage, to
that percentage which was approved as part of the land development
plan.
F. Phasing of a development in the ARR District is expected due to its scale. Phasing shall be reflected on the master plan, with changes to the phasing required to be reflected on a revised master plan. Subdivisions and/or land developments to implement all or a portion of any phase shall be processed in accordance with the requirements for same in Chapter
154 of the Township Code; their depiction on the master plan is required once they are approved by the Township.
G. Subdivisions for mortgage or similar purposes may be permitted following the requirements set forth in §
154-10F of Chapter
154 of the Township Code. Subdivisions duly processed in accordance with the usual requirements for same as contained in Chapter
154 to allow sections and/or phase of the residential component of the development to be developed separately and/or at different times, may also be permitted. All subdivisions approved by the Township, regardless of purpose, shall be reflected on the most recent master plan.
Accompanying the master plan, a Declaration
of Restrictive Covenants must be approved by the Township and recorded:
Said declaration shall provide all of the restrictions necessary to
assure that a proposed development will operate as depicted on the
master plan and be in compliance with the Federal Fair Housing Act
amendments of 1988, or as subsequently amended. The following are
the minimum requirements for the declaration:
A. Provisions for the establishment of a homeowners'
association(s) or other similar entity as approved by the Township,
with mandatory membership by the current owner of each dwelling unit
represented in the master plan.
B. Parties to the Declaration of Restrictive Covenants
shall be bound by all restrictions contained therein and shall include,
at a minimum, members of the aforementioned association(s), developer,
mortgagees of any lot and/or building on the tract, legal entity responsible
for the operations of the community center and its associated facilities
and any other parties having any interest in all or any part of the
proposed development and the Township. Provisions shall be included
to permit Township enforcement of the restrictions contained in the
declaration in the event that the responsible association(s) or other
entities, fail to do so.
C. Cross easements shall be included which shall assure
proper circulation throughout the development and access to all common
recreation and open space areas, roadways and common parking areas.
D. Maintenance provisions shall be included for any community/recreation
center and related facilities, other recreational facilities, circulation
network, common parking areas, landscaping and all other areas not
individually controlled by a homeowner in fee title.
E. Provisions to ensure that development of any buildings,
parking, or other similar improvements be prohibited on any lots to
be utilized solely for open space purposes as indicated on the most
currently approved master plan.
F. Provisions stipulating each lot owner/resident's rights
with respect to common areas.
G. Residency restrictions applicable to a development
in this District shall be included in the Declaration of Restrictive
Covenants and as additionally specified herein. Residents of an active
adult community shall be limited by deed, and by lease where applicable,
to households including at least one permanent resident age 55 years
or older, and shall prohibit occupancy by any person age 18 or younger,
except as follows:
(1)
Individual units may occasionally house persons
younger than age 18, such as grandchildren, provided they reside within
the unit for less than 120 days in any calendar year.
(2)
This subsection shall not require members of
a household to move out of a dwelling unit if they qualified for residency
at the time of their initial occupancy and no longer meet the requirements
for residency because a resident age 55 or older died, divorced, was
placed in a nursing or other similar assisted care facility or experienced
a similar circumstance.
(3)
The applicant shall prove to the satisfaction
of the Board of Supervisors that an appropriate entity, such as a
homeowners' association, will have appropriate authority through deed
restrictions or similar mechanisms to ensure compliance with the age
limitations.
H. Any additional restrictions which will be applied
to the development which are stricter than existing Township regulations.
I. Any change to cross easements, maintenance responsibilities,
or other applicable restrictions which is substantive in the opinion
of the Board of Supervisors will necessitate an amendment to the Declaration
of Restrictive Covenants to be submitted, approved and recorded to
replace any prior such document. No subdivision or land development
for any development on the subject development tract shall be approved
without a current recorded Declaration of Restrictive Covenants.