[Added 7-15-2002 by Ord. No. 419]
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.
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:
(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:
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.
A.
Density. The maximum density for development pursuant to this article shall be 2.5 dwelling units per developable acre. A density increase of up to .25 dwelling unit per developable acre may be permitted as a conditional use by the Board of Supervisors (for a potential maximum of 2.75 dwelling units per developable acre) in the event a minimum of 10% additional open space, above and beyond that which is required by § 182-63.22C herein, is provided. Regardless of the proposed ownership of the by right required open space, said additional open space shall be offered for dedication to the Township, which shall have the discretion to accept or reject the offer. In the computation of density, whether by right or as a conditional use, the number of units shall be rounded down to the nearest whole number. Compliance with the standards in this article does not guarantee that the maximum number of dwelling units will be achievable in all cases. The applicant's ability to develop the maximum number may be reduced as a result of the applicant's choices of dwelling types, building and/or lot sizes, physical constraints of the development site, or other factors.
B.
Lotting exclusion. In order to allow the maximum flexibility
in site design and ownership arrangements, lotting is not required
in any development built pursuant to this article, nor is any minimum
lot size. However, in cases wherein lots are not utilized, however:
(1)
There shall be an area equivalent to the normally
required lot area provided for each dwelling unit.
(2)
The distances between units and road rights-of-way
(or equivalent rights-of-way in the case of private roads) shall be
the same as if lot lines are provided, with the exception that along
lot lines on which any form of zero-lot line single-family detached
dwelling unit is coincident, a maintenance easement shall be required
on any abutting lot, the minimum width of which shall be five feet.
C.
Open space. A minimum of 30% of the tract shall be
permanently preserved as open space.
(1)
There shall be a reasonable mix of active and
passive areas, with maximum preservation of existing environmental
amenities in the areas left for passive recreational use.
(2)
Adequate open space area shall be provided for active use and shall be developed in such manner and with facilities compatible with the population who will reside in the community. Facilities specified in § 182-63.19B(2) herein or alternative appropriate facilities shall be provided.
(3)
The open space and recreation plan for any development
proposed pursuant to this District shall be submitted for review by
the Township Park and Recreation Committee.
(4)
All open space areas provided, exclusive of
any offered for dedication to and accepted by the Township, shall
be maintained by a homeowners' association or similar entity, as approved
by the Township Board of Supervisors.
D.
Access restriction. No dwelling unit within the age-restricted
residential community may take access directly from any road with
a feeder or higher classification, regardless of whether said road
is existing or proposed. All dwelling units shall gain access from
residential roads, internal access roads, drives, courts, or similar
arrangements.
E.
Public road and property boundary setback. There shall
be a minimum setback to any lot line or equivalent lot line of 50
feet from the ultimate right-of-way of any existing frontage roadway
or proposed public road of feeder or higher classification and from
any property boundary of an age-restricted residential development.
F.
Other building setbacks. In addition to those prescribed in other subsections of this section, building setbacks shall be as prescribed in this subsection, unless a greater setback is explicitly or implicitly required by other provisions of this chapter or by the buffer requirements in § 182-63.23 herein, respectively.
(1)
From the right-of-way line of any internal street
in the community or, in the absence of a right-of-way line, from the
equivalent right-of-way line (defined as a line five feet back from
the edge of the cartway/curbline): 20 feet.
(2)
Distance between sides of two adjacent dwelling
units: 10 feet.
(3)
Distance between rear of two adjacent dwelling
units (or between the side of one unit and rear of an adjacent dwelling
unit): 30 feet.
(4)
From a common parking area serving residential
units (or access road thereto) or from a solid waste collection facility
or other service area (if separate from a parking area): 20 feet.
(5)
From a dwelling unit to an outdoor recreation facility associated with the development but not housed in a building (as permitted in § 182-63.19B(2) herein): 30 feet.
(6)
From a dwelling unit to another permitted nonresidential
building or parking area serving nonresidential uses within the community
(or access road thereto): 30 feet.
(7)
On either side of any entry road, for a distance
of at least 100 feet along the existing intersecting roadway (measured
perpendicular to the ultimate right-of-way lines of the entry road),
the setback in which no structure or parking facility shall be placed
(with the exception of entrance area guard stations, entrance roads,
ponds, stormwater basins, or cart paths), shall be: 75 feet.
I.
Architectural standards. Age-restricted dwellings
shall be subject to the following standards:
(1)
The applicant shall prepare a set of architectural
characteristics for the homes and community center in the development,
including floor plans, elevations, perspective sketches, and building
materials, subject to approval by the Board of Supervisors, with the
advice of the Township Planning Commission. Building styles, bulk,
window and door placement, roof pitch and proportions shall be compatible
with the existing character of the area. A minimum of three different
exterior designs will be required to provide a more interesting visual
variety.
(2)
The architectural characteristics shall be approved
as a condition of conditional use approval and shall be recorded with
the development agreement. Significant variations from the approved
characteristics shall require additional conditional use approval
when determined necessary by the Board of Supervisors.
(3)
It is not intended that the Board of Supervisors
dictate the architectural characteristics but that an acceptable set
of standards be chosen by the applicant and adhered to consistently
throughout the development. The community center shall be of a compatible
architectural design.
(4)
The architectural plans should specify the basic
building configurations and provide the opportunity for specific potential
additions such as porches, patios, decks, or additional rooms. These
additional features must be compatible with the original architectural
standards.
(5)
Major architectural features, such as structural
bay windows, porticoes, and dormers, shall be required for a minimum
of 25% of the age-restricted dwelling units.
J.
Utilities. All proposed utility lines (electrical, telephone, cable TV, internal security system lines, etc.) within the age-restricted residential community development shall be placed underground in accordance with the requirements of Chapter 154, Subdivision and Land Development, of the Code of the Township, § 154-28D.
K.
Lighting. Lighting facilities for the residential areas, community center, roads, and parking areas shall be provided as needed and arranged in a manner which protects the existing frontage roads and neighboring properties from direct glare or hazardous interference of any kind. Lighting shall also be arranged to avoid direct glare into the proposed residences. All lighting shall meet the applicable requirements of Chapter 154, Subdivision and Land Development, § 154-40.
L.
Signs. All signage to be installed in any location within an age-restricted development shall comply with all requirements for residential signs, as stipulated in Article XIX of this chapter. All signage shall be of compatible materials and design with the buildings and other street furniture found in the development and shall be of a coordinated design throughout the development.
M.
Parking. Parking requirements in the ARR District
shall be as follows:
(1)
For the residents of each dwelling unit, parking shall be as required in § 182-179A of this chapter.
(2)
For guest parking, the applicant shall demonstrate that there is sufficient on-street parking available. If this cannot be demonstrated to the Township's satisfaction, in addition to the parking as required in Subsection (1) above, 1/2 space per dwelling unit shall be provided.
(3)
For any community center facility, the parking
shall be based on the maximum legal occupancy as defined by the Building
Code.[1] Three quarters of one parking space shall be provided for each person of maximum legal occupancy. Dependent upon the specific mix of uses proposed in the community center facility, the Board may require additional parking to be held in reserve in accordance with the allowance contained in Subsection M(5) of this section. If additional parking is to be installed, such additional parking shall not exceed twice the number of spaces otherwise required by this article.
(5)
When conditions warrant, the use of reserve parking is encouraged. The requirements of § 182-180 of this chapter shall be applicable.
(6)
All other applicable requirements for off-street parking, as contained in Article XXII, shall be enforced in an age-restricted development.
(7)
At least one loading/unloading area shall be
provided for any community center facility. Such area(s) shall be
placed in such a location that there is no interference between service
vehicles and parking/vehicular circulation for patron parking.
N.
Trash and refuse areas. Provision shall be made for
the storage of trash, refuse, garbage and recyclables, whether inside
a building(s) or within a walled or fenced area outside the building(s).
The walls or fences of such trash and refuse areas must shield the
contents of the enclosure from direct view from any residences and
shall be of compatible design and materials with the building(s) which
it services. Proper ingress and egress must be provided for removal
of the trash, refuse, garbage and recyclables, without conflict with
parked vehicles or circulation within the parking area. Around the
nonparking lot side(s) of any enclosure, landscaping shall be provided
to soften the appearance of the enclosure.
O.
Additional development regulations. The following
additional regulation(s) shall be applicable to an age-restricted
residential community in recognition of the unique type of development
which it represents, wherein the Township believes such regulation(s)
to be adequate based upon review and recommendation of the Township
Engineer.
A.
A coordinated landscape plan, showing street (shade) trees, buffering as required herein, and any additional landscaping proposed within the entire community, shall be submitted. Landscaping shall be installed, and the landscape plan drafted, in accordance with the provisions of Chapter 154, Subdivision and Land Development, § 154-12G.
B.
General landscaping requirements. Landscaping throughout
the community shall be planned in accordance with the following guidelines:
(1)
Shade trees shall be installed along all public and private streets, in accordance with the requirements of Chapter 154, Subdivision and Land Development, of the Code of the Township, § 154-36C. However, if it is more appropriate based upon the site design proposed, some or all of these trees may be redistributed elsewhere throughout the community, with the approval of the Township.
(2)
Based upon review of the submitted landscape
plan, the Township may require landscaping in addition to those minimal
requirements herein where unusual field conditions exist or if circumstances
arise which were not contemplated by this article.
C.
General buffering requirements. General buffer requirements shall be followed, as stipulated in Subsection D of this section; specifications for the various buffer types listed herein shall be as stipulated in Chapter 154, Subdivision and Land Development, § 154-36D(5). In those instances in which berms are not required, they may be used as a substitute for some of the plant material in a specific buffer situation if the Township concurs, in its review of the landscape plan, that the berms equal or exceed the buffering qualities necessary in that specific buffer situation. Buffers shall be installed in those situations as prescribed herein unless berms are permitted by the Township as substitutions.
D.
Buffers for dwelling units:
(1)
Between a dwelling unit and an existing frontage
roadway: Buffer Type 3 required.
(2)
Between a dwelling unit and an abutting, off-site
residential use or district: Buffer Type 2 required.
(3)
Between a dwelling unit and an abutting, off-site
nonresidential use or district: Buffer Type 3 required.
(4)
Between a dwelling unit and parking areas for
residential units: Buffer Type 1 required.
(5)
Between a dwelling unit and parking area serving
a nonresidential use: Buffer Type 2A required.
(6)
Between a dwelling unit and any other permitted
building within the age-restricted development: Buffer Type 2 required.
(7)
Between a dwelling unit and an outdoor recreational
facility associated with the development, but not housed in a building:
Buffer Type 1 required.
(8)
Between two dwelling unit groupings within the
age-restricted residential community: Buffer Type 1 required.
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.
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.
