[Added 6-2-1980 by Ord. No. 1980-2]
It is the purpose of this zone to permit construction
on large contiguous tracts of land for the development of housing
and supporting uses specifically oriented and designed for adult citizens.
[Amended 2-13-1992 by Ord. No. 1992-1]
All applications for creation of an R-5 Zone shall involve contiguous land areas of not less than 200 acres and shall proceed according to the procedures in and be governed by the provisions of Chapter 41, Rezoning of Land, of the Township Code. Such land shall not be segmented by existing improved paved streets and highways.
In any R-5 Residence District, land, buildings
and premises shall be used only for the following purposes:
B.
A planned adult community comprised of any of the following uses and subject to the provisions of §§ 65-86.4 through and inclusive of 65-86.19 below:
(1)
Single- or two-family detached dwelling.
(2)
Townhouses.
(3)
Duplexes or twin.
(5)
Auxiliary medical facilities.
(6)
Commercial facilities, which may include medical
facilities, in accordance with all of the regulations set forth in
the C-1 District, provided that all such uses shall be adjacent to
existing roadways or new planned access roadways into the project,
and further provided that such uses shall not exceed eight acres for
each 200 acres of development. Such uses shall be designed as an integral
part of the total project.
(8)
Recreation facilities.
(9)
Activity center, clubhouse and administration
buildings. The size and functions shall be in proportion to the estimated
project population.
Garden apartments as defined in this chapter
are prohibited.
Only the following accessory uses shall be permitted:
A.
If central sewerage facilities are not available,
the only permitted use shall be single-family detached houses. In
this event, the minimum lot size shall be not less than 40,000 square
feet, and such projects shall conform to all of the regulations of
the R-1 Residence District.
B.
In all planned adult communities, single-family detached
units shall comprise at least 10% of the total number of units permitted.
A.
Permanent residents of a planned adult community must
be at least 52 years of age, except that the spouse or an immediate
member of the family other than a child of said permanent resident
or a live-in domestic, companion or nurse may be a permanent resident
regardless of his or her age.
B.
A maximum of one child, age 19 or older, may also
reside as a permanent resident with his or her parent or parents.
C.
In no event, however, shall there be more than three
permanent residents in any one residential dwelling unit.
A.
There shall not be more than seven dwelling units
for each gross acre in the total development, excluding areas devoted
to commercial uses.
B.
Dwelling unit designs with respect to the number of
stories, floor plan layouts, exterior facade designs, etc., shall
be varied to the extent that no single design comprises more than
60% of the total number of residential units approved in the project.
The Consolidated Land Use Board of Mansfield Township may grant exceptions
to this requirement if there are sufficient variations in architectural
designs to conform with the purposes of this article. The applicant
shall supply reasons for requesting exceptions, citing findings of
fact.
[Amended 3-5-2020 by Ord. No. 2020-5]
A.
Common open space shall be not less than 20% of the total project area and comply with the regulations of § 65-81.
B.
Single-family homes with central sewerage facilities
shall comply with the following dimensional regulations:
(1)
Lot area: 5,000 square feet minimum.
(2)
Front lot line: 25 feet minimum.
(3)
Lot width: 50 feet minimum.
(4)
Lot depth: 100 feet minimum.
(5)
Front yard: 25 feet minimum.
(6)
Side yards: five feet minimum, each; 15 feet
minimum combined.
(7)
Rear yard: 20 feet minimum.
(8)
Height: 35 feet maximum.
C.
Townhouses and duplexes, without garages and with
central sewerage facilities, shall comply with the following dimensional
regulations:
(1)
Lot width: 18 feet minimum.
(2)
Lot depth: 40 feet minimum.
(3)
Front yard: 15 feet minimum.
(4)
Side yards, interior units: zero feet.
(5)
Side yards, end units: 15 feet minimum, except
when adjacent to common open space, in which event it shall be a minimum
of one foot.
(6)
Rear yards, for units with rear exposure: 20
feet minimum.
(7)
Rear yards, for units without rear exposure:
zero feet.
D.
No residential structure shall be closer than 50 feet
to an existing improved roadway, unless an exception is granted by
the Consolidated Land Use Board of Mansfield Township.
[Amended 3-5-2020 by Ord. No. 2020-5]
A.
All other regulations of this chapter shall be followed
as required.
B.
Appropriate facilities for the placing of trash and
garbage and the collection and removal thereof shall be constructed
attached to or separate and apart from the multiple-dwelling house,
which structures shall screen the trash facilities and be so constructed
that the trash or garbage shall not be visible to the general public.
Such structure shall not only meet with the approval of the Building
Inspector but it shall also meet with the approval of the Board of
Health and with any other rules, regulations and requirements of any
other agency of the Township of Mansfield.
C.
If multifamily units are rental or condominium, open space shall be calculated by assigning to these units the area and bulk regulations specified in § 65-86.10.
D.
Landscape buffer screens shall be located where necessary
between sections of different types of units and to protect off-site
developments.
E.
Projects adjacent to existing residential developments
of more than three adjacent residential units shall provide a fifty-foot
landscaped buffer area between the proposed project and the existing
units. The landscaping shall meet the requirements as set forth in
Township ordinances and, in addition, shall contain buffer trees that
will reach a height of 12 feet in not more than five years. Such buffer
areas shall be unused for any other purpose except walkways, bicycle
paths and passive parks purposes, including park benches.
F.
All installation of utilities on the site shall be
underground.
G.
Pedestrian walks shall not be less than four feet
in width and shall be provided wherever normal pedestrian traffic
will occur.
H.
Off-street parking bays shall not be closer than 20
feet to the face of buildings or 10 feet to the side of buildings.
I.
In all cases streets shall be designed to accommodate
fire and emergency vehicles.
J.
The overall design, construction and improvement phasing
plan, recreation facilities, landscaping plans and site locations
of buildings must be submitted to the Consolidated Land Use Board
of Mansfield Township. Said body has the right to approve the general
design to obtain aesthetic harmony. The buildings, sizes, shapes,
site positions and architectural design may be considered along with
the landscaping and natural features. The following criteria also
may be taken into consideration:
[Amended 3-5-2020 by Ord. No. 2020-5]
(1)
Visual consideration of and variation in exterior
finishes of structures.
(2)
A mix of architectural designs and elevations
to ensure a harmonious blend.
(3)
Variation of building placement to create identity
and interest and enhance the overall design.
(4)
Landscaping, preservation of existing vegetation
and the location of trees.
(5)
Convenience of parking areas for use of occupants
and screening thereof with adequate landscaping or fence.
A.
Because these projects are designed primarily for adults, the requirements for recreation specified in § 65-79 shall be suspended. However, recreation appropriate to the scale, density and occupancy of the project shall be provided as determined by the Consolidated Land Use Board of Mansfield Township.
[Amended 3-5-2020 by Ord. No. 2020-5]
B.
The requirements of § 65-80 notwithstanding,
1/2 of the recreation facilities in the total project shall be completed
before 40% of the total project certificate of occupancy permits are
issued. The remaining recreation facilities shall be completed before
80% of the total project certificate of occupancy permits are issued.
No certificates of occupancy shall be issued for units adjacent to
recreation facilities until such facilities are completed.
The architectural design of all buildings, the
site location and recreational facilities must be consistent with
the ultimate purpose of achieving independent, self-reliant and pleasant
living arrangements and shall take into account the desires and needs
of older persons for privacy, participation in social community activities
and access to community activities. At the same time, provision shall
be made to accommodate the limitations that sometimes accompany advanced
years so that independent living can be sustained as long as possible.
The applicant shall show in detail how his design considers this criteria.
B.
All private streets shall be built to meet the design
and construction standards of the Subdivision Ordinance, except as
modified herein. Cartway widths of residential streets may be decreased
to not less than 28 feet, provided that where the cartway width is
less than 34 feet, parking shall be permitted on only one side of
the street. Minor collector streets, except where they join the existing
municipal street system, may be constructed in a fifty-foot right-of-way
and have a paved cartway not less than 34 feet wide, provided that
where the cartway width is less than 40 feet, parking shall be permitted
on only one side of the street and those areas are approved by the
Consolidated Land Use Board of Mansfield Township. In any case where
parking is permitted on only one side of the street, the area shall
be delineated on the plan submitted for approval and shall be appropriately
designated by the posting of the requisite signs.
[Amended 8-18-1981 by Ord. No. 1981-3; 3-5-2020 by Ord. No. 2020-5]
C.
All streets shall have curbs and sidewalks on both
sides of the street, except that sidewalks may be waived by the reviewing
board upon application by the developer and presentation by him of
evidence satisfactory to the reviewing board that they are not needed
on both sides of the street to serve the needs of the residents of
the planned adult community for proper pedestrian circulation.
Parking shall be as required by Article XX.
Landscape buffers shall be as required by Article XXI.
Developments shall be subject to all of the
requirements of this chapter and the Mansfield Township Subdivision
Ordinance and Site Plan Review Ordinance, except as modified herein.[1]
A.
There shall be established within the planned adult
community a homeowners' association, which shall own, maintain and
be responsible for the following lands within the community:
(1)
The homeowners' association shall own and be
responsible for the maintenance, repair and reconstruction of all
streets, roads, drives, alleys and other such paths of travel in and
about said community, including the responsibility for snow removal
therefrom and lighting thereof.
(2)
The homeowners' association shall own and be
responsible for the maintenance, repair and reconstruction of all
buildings and lands owned by the residents of the community in common
with one another. Such lands' shall include, at a minimum, all recreational
areas, open space and drainage facilities required by the reviewing
board for the community.
(3)
The homeowners' association shall provide all
residents of the community with trash and garbage pickup and disposal
on at least a weekly basis.
B.
The application for approval of a planned adult community
shall be accompanied by the following information concerning the homeowners'
association:
(1)
An estimated budget for the homeowners' association,
including adequate reserves.
(2)
The type, size and location of the recreational
facilities, including the size of the pool and clubhouse, if any,
and the adequacy of the same for the number of units planned.
(3)
The capability of the applicant to complete
the project and fulfill obligations to homeowners and the Township.
(4)
The method and timing of transition of control
of the homeowners' association from the applicant to the residents.
(5)
Clarification of restrictions, such as occupancy,
right to rent, architectural style and use of common property.
(6)
The existence of and date of expiration of any
management contracts.
(7)
Rights of inspection before closing.
(8)
Escrow of deposits.
(9)
Rights of parties if units are not completed
by closing.
(10)
Homeowners' association facilities to be dedicated
from applicant free of liens.
(11)
Responsibility for maintenance of unsold units.
(12)
Developers right of first refusal to purchase
on resales.
C.
The proposed form of deed to be used in conveying
lands to the homeowners' association and of any declaration of restrictive
covenant shall be presented to the reviewing body and the Township
Committee for their approval.
