[Added 4-16-2001 by Ord. No. 2001-3]
Residential A-1 Planned Retirement Community
Zone, hereafter referred to as "PRC," shall be an optional use to
those uses presently permitted wherein Lots 16, 18 and 19 in Block
104 are now situate.
The "PRC" Zone shall consist of Lots 16, 18
and 19 in Block 104, Borough of Pemberton Tax Map.
It is the purpose of this use to permit development
of housing and supporting uses specifically oriented and designed
for adult citizens.
A.
Single-family detached dwellings (see Schedule 1[1]).
[1]
Editor's Note: Schedules 1 through 4 are included
at the end of this chapter.
B.
Assisted living residences (see Schedules 2 and 3).
C.
Model homes and/or sales office.
D.
Single-family attached dwellings, provided no more than 40% of all units in the PRC are attached dwellings (see Schedule 4).
A.
Retirement community center, as part of a planned
retirement community (PRC) development.
B.
Recreational facilities and uses, including buildings
for recreational activities, biking paths, walking paths, tennis courts,
shuffleboard courts, swimming pools, and similar recreational improvements
related to the PRC.
C.
Administration buildings related to the PRC.
D.
Building emergency services, such as garages and offices
for first aid equipment and personnel, as part of the PRC development.
E.
On-site medical and personal services for the use
of the on-site population only, as part of the PRC development.
F.
Bus stops to service the retirement community center
as part of the PRC development.
A.
The tract shall be under one ownership or control
by the applicant for purposes of obtaining all required development
approvals and committing the tract to the regulations of the planned
retirement community.
B.
Area and yard requirements for tract.
(1)
Minimum tract size: 40 acres.
(2)
Minimum tract access: two points of two-way vehicular
access to the public road network.
(3)
Maximum density: seven dwelling units per acre.
(4)
Minimum building setback from any tract boundary:
75 feet.
(5)
Minimum perimeter landscaped buffer: 50 feet.
(6)
Maximum building coverage: 20%.
(7)
Maximum impervious coverage: 35%.
C.
Covenants and deed restrictions. Approval of a planned
retirement community development consisting of age-restricted housing
in the Residential A-1 District shall be conditioned upon the placement
of restrictive covenants on the deeds to any and all portions of a
tract so developed, to insure that occupancy will be limited to persons
55 years of age or older, with no children under 19 in permanent residence.
D.
Architectural controls. The following architectural
standards shall apply to any planned retirement community:
(1)
No house shall have the same facade as the house on
either side of it or directly across the street.
(2)
Where side windows are not offset between adjacent
houses by at least 3.5 feet (measured frame to frame, as projected
directly across to the adjacent house), adequate landscaping will
be provided in order to promote privacy.
(3)
A minimum of four different models shall be offered,
with each model having at least two different elevations.
(4)
The restrictions set forth below as to cantilevered
windows, patios and decks shall be incorporated.
(5)
No sheds or other ancillary structures shall be allowed.
(6)
Decks and patios shall be no higher than the first
floor elevation of the subject home, shall not extend beyond the side
walls, and shall be limited in width to 10 feet, except that decks
may be no greater than 12 feet in width where the rear yard setback
is nine or more feet. Width shall be measured from the rear wall of
the dwelling.
[Amended 5-15-2006 by Ord. No. 2006-11]
(a)
The rear yard setback of a deck or patio may
be reduced to five feet where the rear property line adjoins open
space.
(b)
The minimum distance between the closest points
of any two decks or patios, or combinations thereof, shall be 18 feet,
except that a side yard setback of five feet for decks shall be permitted,
provided the deck or patio does not extend beyond the side wall of
the structure.
(c)
A retractable awning or canopy may be permitted
to be installed above a deck to provide cover, provided that the awning
or canopy is retractable and does not extend beyond the footprint
of the deck. No other type of canopy or awning shall be permitted
to cover a deck.
(7)
Cantilevered bay windows shall be permitted to extend
two feet into a required front yard or rear yard. The maximum width
of a bay window shall be eight feet. Cantilevered windows shall be
offset so that they are not directly opposite each other in adjacent
homes.
E.
Management of roadways, recreation facilities, security,
internal transportation, and open space. Open undeveloped portions
of any age-restricted development and all proposed roadways, recreation
facilities, security facilities, and internal transportation facilities
shall be owned and maintained by a homeowners' association consisting
of all residents. Notification of this provision is to be included
in the contract of sale deed for each unit.
F.
Open space and recreation areas.
(1)
At least 25% of the tract shall be reserved for open
space and recreation uses.
(2)
Open space and recreation areas shall be located in
appropriate locations and arranged in such a manner so as to further
and foster the purposes of the planned retirement community.
(3)
All open space and recreation areas shall be dedicated
for active or passive recreation or open space. Such areas shall be
owned in common by residents of the planned retirement community and
managed by a homeowner's association.
(4)
The open space and recreation area shall have a minimum
contiguous area of not less than three acres and no portion thereof
shall be less than 50 feet in width. Open space and recreation areas
should be arranged to provide contiguity of open spaces.
(5)
A comprehensive recreation plan shall be prepared
to include all proposed passive and active recreation elements such
as walking trails, picnic areas, outdoor and indoor tennis courts,
shuffleboard courts, swimming pools, and seating areas.
G.
Retirement community center. Each planned retirement
community development shall have a retirement community center. The
following standards shall apply:
(1)
The retirement community center shall be centrally
located and easily accessible to all units. A comprehensive circulation
plan shall be prepared to coordinate the road network, sidewalk layout
and bikeways for the entire development with emphasis on access to
the center.
(2)
The retirement community center may include but not
be limited to cafeteria facilities, homeowners' association management
offices, recreation and social activity rooms and offices, and a multipurpose
room designed for social activities.
(3)
The retirement community center shall be no more than
1 1/2 stories and no more than 25 feet in height.
H.
Homeowner's association.
(1)
Within the planned retirement community, the applicant
shall establish a homeowner's association.
(2)
Prior to final approval for the PRC, the landowner
or developer shall furnish the Planning Board with the bylaws of the
proposed homeowners' association organization, copies of any restrictions
governing the homeowners' organization and the lands held by such
homeowners' organization, as well as fully satisfying the Board with
respect to the adequacy and prospects for financial stability of such
homeowners' organization.
(3)
Included within the bylaws and restrictions establishing
and governing the organization, there shall be provided a mandatory
yearly audit of all accounts and all financial transactions of said
organization by an independent certified public accountant of the
State of New Jersey, and a copy of such audit shall be filed with
the Borough of Pemberton Clerk as a public record within 90 days of
the close of the fiscal year of the organization.
(4)
In addition, the bylaws and restrictions governing
the organization shall provide that the trust officer of a banking
institution licensed to do business in the State of New Jersey serve
as a cosignatory with those members of the organization empowered
to disburse funds and that no disbursement of funds be made without
the cosignature of such trust officer.
(5)
Such homeowners' organization shall take ownership
and assume maintenance of any common open space and shall assume responsibilities,
including but not limited to garbage, trash and snow removal from
the common properties only and general upkeep of all common open spaces.
(6)
The homeowners' organization shall not be dissolved
nor shall it dispose of any common space by sale or otherwise without
the approval of the Planning Board of the Borough of Pemberton. In
the event that such homeowners' organization is dissolved or intends
to dispose of any common open space, said lands shall first be offered
for dedication to the municipality or any other appropriate local
government agency. In no event may the lands set aside as common open
space be sold, conveyed or disposed of except to the Borough of Pemberton
as aforesaid or to another organization conceived and established
to own and maintain the common open space.
(7)
In the event that the homeowners' organization established
to own and maintain common open space or any successor organization
shall at any time after the establishment of the PRC fail to maintain
the common open space in reasonable order and condition in accordance
with the plan, the Borough of Pemberton may serve written notice upon
such organization or upon the residents and owners of the PRC setting
forth the manner in which the homeowners' organization has failed
to maintain the common open space in reasonable condition, and said
notice shall include a demand that such deficiency or maintenance
be cured within 30 days thereof and shall state the date and place
of a hearing thereon, which shall be held within 14 days of the notice.
At such hearing, the Borough of Pemberton may modify the terms and
conditions of the original notice as to the deficiencies and may give
an extension of time within which they shall be cured. If the deficiencies
set forth in the original notice or in the modifications thereof shall
not be cured within said 30 days or the extension thereof, the Borough
of Pemberton, in order to preserve the taxable values of the properties
within the PRC and to prevent the common open space from becoming
a public nuisance, may enter upon said common open space and maintain
same for a period of one year. Said entry and maintenance shall not
vest in the public any rights to use the common open space except
when the same is voluntarily dedicated to the public by the residents
and the owners. Before the expiration of said year, the municipality
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space,
call a public hearing upon notice to such homeowners' organization
or to the residents and owners of the PRC, to be held by the municipal
authority, at which hearing such organization or the residents and
owners of the PRC shall show cause why such maintenance by the municipality
shall not, at the election of the municipality, continue for a succeeding
year. If the designated municipal body or officer, as the case may
be, shall determine that such homeowners' organization is ready and
able to maintain the open space in reasonable condition, the Borough
of Pemberton shall cease to maintain the same. If the Borough of Pemberton
shall determine that such organization is ready and able to maintain
said common open space in reasonable condition, the Borough of Pemberton
shall cease to maintain said common open space at the end of said
year. If the Borough of Pemberton shall determine such organization
is not ready and able to maintain said common open space in a reasonable
condition, the Borough of Pemberton may, in its discretion, continue
to maintain said common open space during the next succeeding year
and, subject to a similar hearing and determination, in each year
thereafter. The decision of the Borough of Pemberton in any such case
shall constitute a final administrative decision subject to judicial
review.
(8)
The cost of such maintenance by the Borough of Pemberton
shall be assessed ratably against the properties within the PRC and
shall become a tax lien on said properties. The Borough of Pemberton,
at the time of entering upon said common open space for the purpose
of maintenance, shall file a notice of such lien in the office of
the County Clerk upon the properties affected by such lien within
the PRC.
(9)
The homeowner's 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.
(10)
In addition, all open space and recreation areas
shall be protected by legal arrangements, satisfactory to the Planning
Board Attorney, sufficient to assure their maintenance and preservation
for their intended purpose. Covenants or other legal arrangements,
including homeowner's associations, shall specify ownership of the
area; method of maintenance; responsibility of 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 Planning
Board; and any other specifications deemed necessary by the Planning
Board.
J.
Required off-street parking.
(1)
Each dwelling unit shall include two parking spaces
measuring at least nine feet by 18 feet, and no portion of any parking
space shall extend over any sidewalk or lot line. Up to one required
parking space may be included in a garage.
(2)
Off-street parking for assisted living residences
shall be provided at the rate of 0.75 spaces per bed.
(3)
Visitor parking shall be provided at the rate of 1/5
space per attached dwelling unit and shall be arranged in small groupings
throughout the attached dwelling areas.
Assisted living residences which are required
to be licensed by the State of New Jersey pursuant to N.J.S.A. 26:2H-1
et seq., shall be permitted to develop at a ratio of 20 beds per acre,
provided that no more than 200 beds are provided in an assisted living
residence. (See Schedules 2 and 3 for design standards and area and
yard requirements.[1])
[1]
Editor's Note: Schedules 2 and 3 are included
at the end of this chapter.
A.
Any person who violates any provision of this article, or any agent, architect, builder, contractor, owner or tenant, who commits, takes part or assists in any violation of this article or who maintains any building or premises in which any violation of this article shall exist, shall, upon conviction thereof, be punishable as provided in Chapter 1, Article I, of the Code of the Borough of Pemberton. Each day that a violation is permitted to exist shall constitute a separate offense.
B.
In addition to the above provision, the Borough of
Pemberton shall have the right to seek appropriate relief in any court
of competent jurisdiction to specifically enjoin any or all violations
of this article, any restrictions provided in approval resolutions
or deed restrictions.
