The AR-1 Age-Qualified Residence 1 District
is intended to provide for age-qualified development consisting of
townhouses for active adults with ancillary social, cultural and recreational
amenities in a comprehensively planned development with significant
open space. In all AR-1 Districts, the following uses, and no others,
of lands and buildings shall be permitted.
A. General use requirements. Development within the AR-1
District shall conform to the following requirements:
(1) The development shall be a planned unit residential
development within the meaning of N.J.S.A. 40:55D-6.
(2) The development shall be an age-qualified development as defined in §
180-2. Under no circumstances shall any resident be enrolled in secondary or lower school.
(3) All development shall be subject to a mandatory development fee for affordable housing in accordance with §
158-40 et seq.
(4) Common open space shall be under the control of an
open space organization as defined herein.
B. Permitted uses. The following principal uses shall
be permitted:
(2) Municipal recreational use.
C. Accessory uses. The following accessory uses shall
be permitted when used in conjunction with a principal use:
(1) Community center for the use of residents and guests.
(2) Active recreational facilities for the use and enjoyment
of residents and their guests, including but not limited to tennis,
community swimming pool, court and field sports, fitness center, fitness
trail and bikeway.
(3) Management office as part of a community center.
(4) Sales center for on-tract real estate transactions
only, until the final dwelling is initially sold.
(6) Security facility, excluding gate-controlled access.
In all AR-1 Residence Districts, the following
area restrictions and regulations are established:
A. General tract requirements. The following requirements
shall apply to any planned unit residential development in the AR-1
District:
(1) Minimum tract size shall be 50 acres.
(2) Maximum residential density shall be 1.2 units per gross acre, unless modified by §
180-31A(3) below.
(3) A bonus density equal to a total of 2.25 units per
gross acre, not including any land within a freshwater wetlands mitigation
area and its associated transition area, shall be permitted for the
public dedication of contiguous open space equal to 22% of the total
tract acreage; or 13 acres, whichever is greater, and the payment
of $2,000 per residential unit to the Recreation Trust Fund in accordance
with § 158-17F(5) for active recreation purposes. In no
circumstance shall the number of dwelling units exceed 122. Any publicly
dedicated open space shall encompass a rectangle measuring a minimum
of 500 feet by 800 feet and shall not include any stormwater management
basin(s) required for the construction of the age-qualified development.
(4) Minimum open space. At least 50% of the tract shall
be designated by the applicant as an open space area for either public
use, for use by all of the residents of the proposed development or
a combination of the foregoing. Such open space shall be appropriate
and in suitable condition for such uses as the following: active recreation,
woodland conservation area, floodplains and other scenic or special
features and open spaces of such a nature as to contribute to neighborhood
attractiveness and environmental protection and which further the
objectives of this section. Stormwater management basin areas may
be included in computing the 50% open space requirement.
(5) The minimum tract perimeter setback shall be 150 feet
from a major thoroughfare or from the property line of a single-family
detached use, 75 feet from any other residential use, and zero feet
from a freshwater wetlands transition area.
(6) Impervious surface coverage shall not exceed 35% of
the total tract area.
(7) Total building coverage shall not exceed 15% of the
total tract area.
(8) No building shall contain more than three townhouse
dwellings, except that no more than 17.5% of the total number of dwellings
may be in four-unit buildings, provided that any four-unit buildings
shall not be located immediately adjacent to a single-family detached
residential use.
(9) The maximum length of a building shall be 110 feet
for a building with three townhouses and 145 feet for a building with
four townhouses, measured through the long axis.
B. Building separation requirements. The following minimum
building separation distances, measured from the closest point to
the edge of the cartway shall be maintained:
(1) Front of building to private street or cartway: 26
feet.
(2) Side of building to private street or cartway: 20
feet.
(3) Rear of building to private street or cartway: 24
feet.
(4) Front of building to any other building: 65 feet.
(5) Side of building to side of building: 30 feet.
(6) Side of building to rear of building: 40 feet.
(7) Rear of building to rear of building: 36 feet.
(8) Residential building to common building: 50 feet.
C. Area and yard requirements for fee-simple residential
lots.
(1) Minimum lot size: 3,000 square feet.
(2) Minimum lot width and frontage: 30 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard (from r.o.w.): 20 feet.
(5) Minimum side yard: zero feet for a common wall; 15
feet for an end wall.
(6) Minimum rear yard: 18 feet.
D. Height restrictions and regulations. In all AR-1 Residence
Districts, the following height restrictions and regulations are established:
(1) No townhouse shall exceed 35 feet in height.
(2) Any other building shall not exceed 28 feet in height.
E. Site improvements. Utilities, stormwater management,
roads, parking, and other site or subdivision improvements shall comply
with the Residential Site Improvement Standards, N.J.A.C. 5:21-1 et
seq., regardless of whether the improvements shall be publicly or
privately owned and maintained.
In all AR-1 Residence Districts, the following
additional restrictions and regulations are established:
A. Landscaping buffer requirements. Landscape buffers shall consist of a combination of deciduous trees, conifers, shrubs, berms and, if appropriate, supplemental fences or walls in sufficient quantities and sizes designed to continuously limit the view of and/or sound from the site to adjacent sites or properties. No more than 10% of the lineal measure of the buffer may consist of fences and walls. Berms shall be undulating and be designed to achieve a naturalistic appearance. The design of berms and landscape buffer shall be in accordance with §
158-26.
(1) The following landscape buffer widths shall apply:
(a)
A fifty-foot-wide landscape buffer incorporating
berms shall be provided along major thoroughfares to screen the view
of dwellings and accessory buildings. Each berm shall be a minimum
height of four feet except that, for at least 30% of the lineal measurement
of the buffer, such berm shall be minimum of six feet in height. The
height of the berm shall be measured from the toe of the slope to
the top of the berm.
(b)
A fifty-foot-wide landscape buffer incorporating
a berm a minimum height of three feet shall be required between any
other residential, nonresidential, or active recreation use.
(c)
A fifteen-foot-wide landscape buffer shall be
required between any active recreation facility for the use and enjoyment
of residents, and an age-qualified townhouse dwelling, excluding fitness
trails and bikeways internal to the development.
(2) Bicycle and pedestrian paths and fitness traits may
be located within the buffer; however, no buildings or other structures,
parking and stormwater management facilities shall be permitted within
the landscape buffer.
(3) Stormwater management basins shall not be permitted
between any required landscape berm and a major thoroughfare.
B. Streetscape standards. Standards for the placement of street trees, bicycle/pedestrian paths, landscaping buffers and berming shall conform to the requirements of §
158-26 and this section.
C. Pedestrian circulation. A combined bicycle/pedestrian
path, either located within the right-of-way or within a pedestrian
access easement accessible to the public, shall be required along
any major thoroughfare, conforming to the design standards of the
Township of Moorestown, unless such land is publicly dedicated. Such
pedestrian access easement shall be a minimum width of 25 feet. The
pedestrian access easement may also incorporate utility and landscaping
easements as may be permitted by the approving authority. Pedestrian
and bicycle circulation shall be provided within and through any AR-1
Residence District to other residential areas located adjacent to
the tract.
D. Active recreation. A minimum of one acre of land shall
be devoted to active recreation purposes for the use and enjoyment
of residents and their guests.
E. Visitor parking. A portion of the parking required
per unit pursuant to N.J.A.C. 5:21-4.14, as it may be amended or superseded,
equal to 0.25 parking space per unit, shall be grouped together to
provide visitor and active recreation parking in reasonable proximity
to residences.
F. Garage design. Side entry garages shall be utilized
to the greatest feasible extent using engineering criteria. Common
driveways serving two side-entry garages are permitted and encouraged.
G. Restrictions on environmentally sensitive lands. All
environmentally sensitive lands, including, but not limited to wetlands,
steep slopes and floodplains, shall be deed-restricted from development.
Appropriate conservation easements shall be applied to such land with
a benefit running to the Township of Moorestown or its designee.
H. Review by Board Attorney.
(1) Prior to any approval of an application for development
for an age-qualified development, the approving authority shall determine
that the following provisions and requirements have been satisfactorily
met by the applicant pursuant to a review by the Board Attorney, who
may request assistance from the Township Attorney.
(a)
Verification that there are adequate maintenance
services, utility services and support facilities for the project.
(b)
Verification of policies and procedures to assure
that at the time of each sale of a unit or execution of a lease for
a unit, that the occupancy of such unit will be limited to a minimum
of one permanent occupant at least 55 years of age or older, and prohibiting
any permanent occupant from being less than 19 years of age.
(c)
Verification of the establishment of a permanent
organization or association whose responsibility it will be to:
[1]
Adhere to and enforce the required policies
and procedures that demonstrate an intent to provide housing for senior
citizens;
[2]
Enforce the verification of age by affidavit
or survey as required by U.S.C. Title 24 Section 100; and
[3]
Establish remedies for noncompliance.
(d)
Establishment of a procedure and provision whereby
any homeowner's association established pursuant to an approval of
an application for development shall indemnify and hold the Township
of Moorestown harmless from any liability, claims, costs or expenses
(including reasonable attorney's fees) arising out of the failure
to enforce or abide by the age restriction.
(2) The documentation to be reviewed pursuant to Subsection
H(1) hereinabove shall include the following:
(e)
Declaration of covenants and restrictions for
fee-simple ownership or master deed for condominium ownership;
(f)
Bylaws of the homeowner's association;
(g)
Rules and regulations for the homeowners' association;
(h)
Any documents required to be filed with the
New Jersey Department of Community Affairs.