Township of North Brunswick, NJ Article XVIIIA PAC Planned Adult Community District

[Added 8-2-2004 by Ord. No. 04-19; amended 12-6-2004 by Ord. No. 04-33]

§ 205-78.1 Purpose.

A. The purpose of this zone is to provide for the construction of market-price housing suitable for those 55 and over. Such development shall not be subject to maximum income or price requirements and shall provide recreational facilities and community services for residents as required herein.

B. All development in the PAC Zone is subject to compliance with the 55 year minimum age requirement in subsection 205-78.2, regardless of the number of acres in the development.

§ 205-78.2 Minimum age requirement.

All residential dwellings in the PAC District shall be occupied by persons 55 years of age or older, with the following exceptions:

A. A husband or wife under the age of 55 years who is residing with his/her spouse who is 55 years of age or over.

B. Offspring 21 years of age or older residing with their parents, parent or guardian where one of the parents with whom the offspring are residing is 55 years of age or over.

C. One adult under 55 years of age may be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one of the adult occupants who shall be 55 years of age or over. If more than one adult under 55 years of age is necessary to care for the adult occupant 55 years of age or over, approval shall be obtained from the homeowners' association and/or condominium association based on reasonable and specific standards and criteria to be developed by those entities.

§ 205-78.3 Permitted uses.

The following uses are permitted in the Planned Adult Community Zone:

A. Single family.

B. Duplex units.

C. Townhouses with no more than eight units per building.

D. Flats with no more than 45 units per building.

§ 205-78.4 Permitted accessory buildings and uses.

A. Private garages.

B. Off-street parking areas.

C. Signs in accordance with Article XXV of this chapter.

D. Private swimming pools, subject to § 205-94 of this chapter, with the exception of Subsections C and D.

E. Fences in accordance with § 205-93 of this chapter.

F. Yard utility buildings and storage buildings.

G. Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

§ 205-78.5 Development standards.

A. The following standards apply to all developments regardless of acreage. Additional standards enumerated in § 205-78.5B shall apply to developments comprised of 60 or more acres.

(1) Maximum gross density: 2.5 units per acre.

(2) Minimum percentage of units to be detached single-family dwellings: 40%.

(3) Maximum percentage of units to be flats: 35%.

(4) Area and yard requirements for single-family and duplex uses:

			Detached Dwellings	Duplex Dwellings
	Lot area		5,000 square feet	4,000 square feet per unit
	Lot frontage		40 feet	30 feet
	Lot width		50 feet	40 feet
	Lot depth		100 feet	100 feet
	Side yard
		One	5 feet	0 feet
		Both	15 feet	10 feet
	Front yard		18 feet	18 feet
	Rear yard		20 feet	20 feet
	Height (maximum)		2 1/2 stories or 35 feet	2 1/2 stories or 35 feet

(5) Development standards applicable to townhouses and flats.

		Townhouses	Flats
	Front yard	18 feet	N/A
	Rear yard	20 feet	N/A
	Lot width	25 feet	N/A
	Lot depth	100 feet	N/A
	Distance between buildings	20 feet	50 feet
	Distance from nearest property line	20 feet, but in no event closer than 30 feet from a single family or duplex unit	35 feet
	Distance from curb or interior road or parking	15 feet	15 feet
	Height	2 1/2 stories or 35 feet	3 stories plus one level of parking under the building, but in no event more than 50 feet to the peak of the roof

B. The following standards only apply to the development of a tract that is comprised of 60 or more acres:

(1) Maximum gross density without density bonuses: 2.5 units per acre.

(2) Maximum gross density with all density bonuses: 4.85 units per acre.

(3) Density bonuses.

(a) A density bonus of .75 units per acre shall be provided if 15% of the housing units are 1,500 square feet or less, exclusive of garage space.

(b) A density bonus of 1.15 units per acre shall be provided upon making a cash contribution toward the construction of a new senior citizens center or other senior facility or amenity. Said contribution shall be equal to $3,500 per unit for each residential unit. The contribution shall be paid as each construction permit is issued.

(c) A density bonus of .45 units per acre shall be provided if the developer submits a marketing plan acceptable to the Planning Board that ensures that each section or phase of the development shall be offered for sale to North Brunswick residents exclusively for 30 days prior to marketing to the general public. Failure to comply with this section shall result in a violation of the condition of approval and shall result in the rescinding of any construction permits issued for housing units resulting from this density bonus.

(4) Required accessory uses.

(a) Community center.

(b) Heated community swimming pools, including both an indoor and an outdoor pool.

(c) The following outdoor recreational facilities:

[1] Walking paths.

[2] Tennis courts.

[3] Bocci.

[4] Shuffleboard courts.

[5] A putting green.

[6] A tot lot including, but not limited to, a sandbox, swings, slides and a seesaw.

(d) Gatehouse or guardhouse at the main entrance.

(e) Health club facilities.

(5) Open space and recreation areas.

(a) At least 20% of the tract shall be reserved for open space and/or recreation use, of which 25% of said area shall lie outside designated wetlands and one-hundred-year floodplains. All areas reserved for open space shall be in common ownership, although lands reserved for roadways, driveways and parking lots in common ownership shall not be included in the calculation of open space.

(b) Open space and recreation areas shall be located in appropriate locations and arranged in such a manner so as to further the purposes of the PAC.

(c) All open space and recreation areas shall be owned in common by residents of the PAC and managed by a homeowners' association or condominium association.

(d) A recreation plan delineating passive and active recreation elements such as walking trails, picnic areas, tennis courts and seating areas shall be provided.

(e) Each PAC shall have a community center (CC) and community swimming pools to which the following standards shall apply:

[1] A CC may be comprised of one or more buildings or structures on a minimum of three contiguous acres. The minimum building area of a CC shall be computed at the rate of 35 square feet per approved PAC dwelling unit. However, the minimum square footage shall be 15,000 square feet, exclusive of management/maintenance office and facilities.

[2] A circulation plan delineating all roads and sidewalks and walkways shall be provided.

[3] The CC may include a restaurant, snack bar and/or cafeteria facilities, health spa, homeowners' association management office, recreation and social activity rooms and offices, and multipurpose room designed for social activities, all for the exclusive use of the residents of the PAC and their guests.

[4] The CC shall be no more than 2 1/2 stories and no more than 50 feet in height.

[5] Both outdoor and indoor swimming pools shall be provided. The outdoor pool shall have a minimum of six square feet of water surface area for each dwelling unit. The indoor pool area shall have a minimum of three square feet of water surface area for each dwelling unit.

[6] There shall also be provided an improved sitting area, contiguous to all sides of the outdoor pool, having an area of 1 1/2 times the surface area of the pool.

[7] Additional parking shall be provided at the CC for a minimum of one parking space for each 150 square feet of building area, exclusive of management office area.

(f) One tennis court shall be provided for every 200 housing units or part thereof.

(g) All open space and recreation areas shall be protected by legal arrangements, satisfactory to the Board Attorney. Covenants or other legal arrangements, including homeowners' association or condominium association documents, shall specify ownership of the area; method of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Board; and any other specifications deemed necessary by the Board.

(h) Within the PAC, the applicant shall establish a homeowners' association and/or condominium association, which shall own and be responsible for the maintenance, repair, and reconstruction of all buildings and lands owned by the residents of the PAC in common with one another. Such lands shall include at a minimum all recreational areas, open space, and drainage facilities required by the Board for the PAC.

§ 205-78.6 Additional requirements.

A. All means of access to the PAC shall be secured by a gate, with access controlled either by a guard or electric means.

B. The main entrance to the PAC shall be staffed by a guard 24 hours a day.

C. All recreation buildings and community facilities shall be fully operational prior to issuance of certificates of occupancy for more than 25% of the dwelling units.

D. Any deviation from the standards set forth herein shall be deemed to be a "c" variance, and not a "d" variance under Section 70 of the Municipal Land Use Law.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-70 et seq.