[Amended 3-10-1981 by Ord. No. 2-1981; 6-14-1988 by Ord. No. 92-1988]
A. Intent. Port Republic wishes to encourage residential communities organized, constructed, designed and planned to serve the need of older persons, including suitable and adequate facilities for social, cultural and recreational activities which are regarded as essential to the well-being of the residents and the success of the community. The land in this district contains broad variations in the degree of environmental developmental limitations. It is also the intent of this district to permit development at a higher density than would normally be permitted on land with slight limitations while protecting the environmentally sensitive areas by more strictly regulating development.
B. Uses.
(1) Principal uses and buildings.
(a) Single-family detached dwellings.
(c) Parks, playgrounds and other publicly operated recreational uses or structures, subject to Planning Board site plan design review.
(d) Public or private schools and institutions of higher learning, subject to Planning Board site plan design review.
(e) Public buildings of a governmental or cultural nature, subject to Planning Board site plan design review.
(f) Golf course, but not less than a nine-hole regulation course containing not less than 3,000 yards.
(g) Customary and conventional truck farming operations.
(2) Conditional uses.
(a) Places of worship, subject to design considerations set forth in Article
XII.
(b) Public utility substations with exterior architectural design in keeping with other structures in the neighborhood and subject to other design considerations set forth in Article
XII.
(3) Accessory uses and buildings. Accessory uses and buildings shall be those set forth in §
160-44B(3) for the City Central Residential (Historic District) and in §
160-46B(3) for the Rural Residential-Environmental Limitations District.
C. Area and bulk requirements other than in a planned adult community.
(1) Lot size: five acres, of which at least one contiguous acre has only slight limitations.
(2) Lot width: 200 feet minimum.
(3) Lot depth: 200 feet minimum.
(4) Lot coverage: 10% maximum.
(5) Height:
(a) Principal building: 2 1/2 stories/35 feet maximum from grade.
(b) Accessory buildings: two stories/30 feet maximum from grade.
(6) Front yard setback: 50 feet minimum.
(7) Side yard setbacks: 20 feet minimum, each side.
(8) Rear yard setback: 20 feet minimum.
D. Planned adult community.
(1) Uses.
[Amended 9-13-1988 by Ord. No. 96-1988; 5-9-1989 by Ord. No. 105-1989]
(a) A planned adult community ("PAC"), is permitted with a minimum of 250 acres. Development shall only be permitted on land of moderate development limitations as set forth in the environmental analysis of the Port Republic Master Plan. A PAC may include:
[1] Single-family detached dwelling units.
[2] Attached dwelling units not to exceed three dwelling units per building and subject to Planning Board review.
[3] Necessary accessory buildings and uses.
(b) A PAC may include up to a maximum of 100 units, subject to all other requirements herein, such development being limited to a maximum of 50 units per phase. The initial phase of 50 or fewer units must meet the requirements of the annual report and performance evaluation prior to submission of an application for any additional phase of 50 or fewer units. The application for preliminary approval shall be for the full number of units proposed up to the permitted maximum of 100 units in the PAC. The initial application for final approval may be for no more than 50 units. Similarly, subsequent applications for final approval may be in phases of no more than 50 units.
(2) Area and bulk requirements.
[Amended 9-13-1988 by Ord. No. 96-1988; 5-9-1989 by Ord. No. 105-1989]
(a) Distance between buildings: twice the height of the highest structure.
(b) Coverage: a maximum of 25% for structures and impervious paving based upon the developed site area.
(c) Height: 35 feet for principal buildings and 15 feet for accessory buildings.
(d) Common open space: minimum common open space shall be 30%. Such open space shall be restricted by an open space easement or by private deed restrictions running in favor of the residents of the development and of the City, and responsibility for maintenance shall lie with a homeowner's association or similar entity.
(e) Buffering: minimum one-hundred-foot landscaped or naturally vegetated buffer on the perimeter of the development. Where necessary, the one-hundred-foot buffer shall be increased in depth or supplemented by additional plantings or berming so as to provide a significant visual buffer during all seasons of the year.
(f) Access: vehicular ingress and egress shall be limited to Pitney Road and Moss Mill Road.
(g) Waivers: bulk requirements may be waived or modified in order to encourage flexibility in design and layout and to protect environmentally sensitive areas. Clustering of units and neighborhood grouping is encouraged.
(3) Design controls.
(a) The architectural design of all buildings, site selection and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements for older persons and should take into account the desires and needs of older persons for privacy, participation in social and community activities and access to the community facilities. Provisions must be made to accommodate the limitations that may accompany advancing years.
(b) Consideration must be given in planning walks, ramps and driveways to minimize slipping or stumbling, and handrails and ample places for rest should be provided throughout the development. Gradients of walks shall not exceed 10%, and single-riser grade changes in walks should be avoided. Adequate indoor and outdoor recreation and community facilities should be provided to meet the needs of the residents. Pedestrian and bicycle paths shall be included in the open space wherever feasible.
(c) The architectural design of the homes shall take into account the special needs of older persons. Entries to the homes shall normally be close to grade and covered to provide protection from the elements. Stairs should be designed to allow adaptation to chair lifts. In general, the homes should be designed to meet the requirements of an adaptable handicapped unit as described in the New Jersey Uniform Construction Code. Specifically, the kitchens and baths should be arranged to be easily modified for handicapped use. Hallways and doors should be sized to meet handicap access requirements. Medical alert and security systems should be available at the owner's option. Interior finish items, such as door hardware, electrical controls and equipment operating mechanisms, should be selected and located according to handicapped requirements. Windows should be operating with locking hardware which does not require fine digital dexterity. The community center should be designed to meet the requirements of the New Jersey Uniform Construction Code for a barrier-free building. Homes in the development shall contain no more than two bedrooms. Dens, family rooms or similarly identified rooms shall not be designed in such a manner as to facilitate conversion for use as additional bedrooms.
(d) In addition to the standards for open space management organization set forth in §
160-96, the developer must provide a homeowners' association or other similar entity to hold title to common property, manage and maintain the common property and enforce covenants and restrictions appropriate to maintain the character and quality of the development. The financial soundness of such association or other entity shall include fee arrangements guaranteed by assessments levied on the owners of property in the development through permanent deed restrictions or other suitable guaranties. The association or other entity shall be responsible for general maintenance and welfare of the community, including but not limited to snow removal and trash collection, street maintenance and security.
(4) Application requirements. In addition to those requirements otherwise set forth in this chapter, the applicant for a planned adult community must submit the following:
(a) A common open space map at a scale of one inch equals 200 feet showing all areas of the site to be designated as common open space and the designation of each area according to its proposed use and the type, size and general location of planting or other screening techniques to be used in buffer areas. The map shall denote the size of each designated area in acres and the total common open space area in acres and as a percentage of the site.
(b) An open space report outlining a form of organization proposed to own and maintain the common open space and identifying how the common open space and recreation facilities relate to existing and proposed City open space areas and facilities.
(c) A development schedule, if the proposed construction is to extend over more than two years. Included should be a schedule map at a scale of one inch equals 200 feet showing the location of each successive annual phase of the development and a schedule report listing by annual phase the number of residential units by type, the amount and location of nonresidential construction, the type and location of open space structures and improvements and the type and location of public improvements.
(d) A security report detailing the design measures and other techniques proposed to be incorporated in the development to ensure resident security and safety.
(e) Homeowners' association organization documents. These documents shall include articles of incorporation; bylaws and membership rules and regulations defining rights, duties and responsibilities; a master deed detailing the rights and privileges of individual owners; covenants or easements restricting the use of open space; and covenants or restrictions for the funding and maintenance of the open space, community facilities and character of the development.
(f) Details for the establishment and organization of an architectural review committee with controls appropriate for the maintenance of the character and quality of the development.
(g) Wildlife, vegetation, soil, water quality and energy controls. These controls must ensure appropriate design, quality of materials and construction techniques, as well as long-term operation of the development. The report shall include an analysis of existing surface and groundwater quality, proposed water quality standards to be maintained, monitoring proposals and a listing and map of all soil types, including areas proposed for preservation and for development. Individual septic systems shall be utilized for wastewater treatment, with no individual common system exceeding a capacity of 500 gallons per day.
[Amended 5-9-1989 by Ord. No. 105-1989]
(h) Building plans showing typical floor plans, elevations and sections of all proposed structures, including proposed materials, finishes and architectural elements.
(i) A report detailing the design elements incorporated to meet the special needs of older persons.
(j) Traffic report. A traffic report shall include an analysis of traffic patterns and levels of service before and after development. The report shall include a proposal for monitoring traffic in compliance with the annual report requirement.
[Added 5-9-1989 by Ord. No. 105-1989]
(k) Fiscal analysis. An analysis of the population and development shall include a fiscal analysis based on commonly accepted methodology.
[Added 5-9-1989 by Ord. No. 105-1989]
(l) Community relations. A review of the relationship of PAC activities and the effect or impact on the community in general.
[Added 5-9-1989 by Ord. No. 105-1989]
(5) Residency limitations.
[Amended 5-9-1989 by Ord. No. 105-1989]
(a) Residency in a PAC is limited and restricted by age as set forth herein, and in order to qualify as a PAC a development must provide adequate controls to ensure the age-restricted character of the project. Such controls must comply with the requirements of the Fair Housing Act, 42 U.S.C. § 3601 et seq., any regulations adopted pursuant thereto and any other federal standards or requirements for age-restricted housing. To the extent that any federal requirement is more stringent or restrictive than the requirements set forth herein, such more stringent or restrictive requirement shall apply. No one may reside in or occupy a dwelling unit in the development unless such person is 55 years of age or over, with the following exceptions:
[1] A husband or wife under the age of 55 years who is residing with his or her spouse who is 55 years of age or over.
[2] Children and grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or children or grandchild or grandchildren is residing is 55 years of age or older, provided that said child or children are over the age of 18 years.
[3] Adults under 55 years of age, who may be admitted as permanent residents if it is clearly established that the presence of such person is essential for the physical care or economic support of an eligible older person.
[4] Normal and customary visiting by family or social guests of limited duration not normally exceeding eight weeks and not resulting in establishment of a permanent residency, domicile or long-term occupancy.
(b) These exceptions must be strictly and narrowly construed with the intent and purpose of maintaining the age-restricted character of the development. The applicant must establish that the proposed controls are adequate to ensure compliance with federal requirements for age-restricted housing, and such controls must provide that they may not be revised or amended except in such a manner as to comply with federal requirements for age-restricted housing and may be revised only with the approval of the Port Republic Planning Board.
(6) Low- and moderate-income housing. Any planned adult community must provide a total of 15 low- and moderate-income housing units in the City of Port Republic. This represents Port Republic's obligation under the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
(a) The full details of how the applicant proposes to comply with this requirement must be provided at the time of application for preliminary approval, and preliminary approval shall not be granted unless the applicant adequately demonstrates such compliance.
(b) The Planning Board may waive a portion of an applicant's obligation to provide low- and moderate-income housing if the applicant clearly demonstrates that it would be impractical and unreasonable to require it to provide the full number of such housing units.
(c) The low- and moderate-income housing provided under this article shall comply with the requirements of the Fair Housing Act and the rules adopted by the Council on Affordable Housing, unless waived by the Planning Board.
(7) Reports and standards. The following reports shall be required on an annual basis during the duration of any approval and as a part of any application for final approval of a subsequent phase beyond the initial phase. Such report shall adequately address the following issues and shall establish compliance with the listed standards. Compliance with such standards shall be a minimum condition for approval of any subsequent phase and also shall be required for the continued issuance of building permits for any approved units. The report required for final approval of a subsequent phase beyond the initial phase must be based upon at least six months of occupancy of at least 75% of the units for which final approval was previously granted. At the time of preliminary approval the applicant must adequately establish the methodology and procedures to be used in the reports, including testing and monitoring standards. Preliminary approval may not be granted unless such methodology and procedures are approved.
[Added 5-9-1989 by Ord. No. 105-1989]
(a) Water quality. This report shall include quarterly samples in accordance with an approved monitoring plan and shall establish compliance with all county and state water quality standards.
(b) Traffic. The traffic report shall include quarterly counts in accordance with an approved monitoring plan and shall establish continued maintenance of level of service A.
(c) Fiscal impact. This fiscal impact report shall compare tax revenues with all governmental costs of the PAC, consistent with the initial application analysis, and must show a substantial positive fiscal impact. An accurate accounting of resident PAC population shall be provided, and the average population shall not be more than two persons per occupied unit.
(d) Community relations. The community relations report shall review the relationship of PAC activities and the effect or impact on the community in general, including specific examples of any positive or negative incidents or impacts. An overall positive community impact is required.