In expansion of the community development objectives contained
in this Code chapter, it is hereby declared to be the intent of this
article with respect to any age-qualified residential community development
regulations to establish reasonable standards and criteria to permit
an age-qualified residential community as a conditional use in appropriate
locations within the SR and/or VC Districts of the Township, based
upon a specialized set of development regulations appropriate for
such a development.
A. To recognize housing needs for residents as they get older and life-style
preferences change.
B. To provide for developments consistent with the provisions of the
Federal Fair Housing Act amendments of 1988, or as subsequently amended.
C. To provide for such developments consistent with the Township's Comprehensive
Plan goals.
D. To recognize that lesser impacts and smaller household sizes are
associated with age-qualified communities.
E. To encourage flexible site design so as to minimize the impact to
the Township's natural features.
F. To encourage the creation of individual neighborhoods.
An age-restricted residential community is allowed only as a
conditional use in the SR and/or VC District; provided that the tract
proposed for such development meets the criteria specified in this
article and that the procedural requirements for conditional uses
set forth in this Code chapter are followed. An age qualified residential
community shall be construed to mean a planned development consisting
of residential use(s) as permitted herein, along with recreational
and community uses incidental to such a development, as hereinafter
provided.
A. The residential uses which are permissible in an age-qualified residential
community are as follows:
(1)
Single-family detached dwellings. For purposes of this section,
a "dwelling" shall be defined as a building containing a minimum of
1,200 square feet, used as a primary residence by the owner.
(2)
Single-family semidetached dwellings, and single-family attached
dwellings. Single-family attached dwellings shall not consist of more
than four contiguous units and no more than 65% of the residential
structures may be four contiguous units.
B. Certain additional uses may be developed in conjunction with an age-qualified
residential community, including the following; provided, however,
that none is intended as an independent, freestanding commercial use:
(1)
Community center for the exclusive use of residents of the community
and their guests. The community center shall provide a minimum of
1,500 square feet. A community center may include the following:
(a)
Kitchen, dining, and banquet facilities.
(b)
Lobby(ies) or other common gathering areas; meeting rooms.
(c)
Locker rooms, rest rooms, and exercise facilities.
(d)
Administrative/management offices.
(2)
Outdoor recreational facilities for the exclusive use of residents
of the community and their guests including, but not limited to, tennis
courts, swimming pools, fitness/jogging/walking/bicycling trails,
practice golf green, or similar facilities. In addition, as a result
of the unique nature of an age-qualified residential community, the
requirements for the open space areas shall be as prescribed in this
section.
(3)
Gatehouse (security hut) and appurtenances related thereto (gates;
automated card readers and similar facilities).
(4)
Entry features consisting of signage and related structures
(fences, pillars, walls, landscape features, lighting, and similar
facilities).
(5)
Utility structures and appurtenances related to public and community
utility facilities (water tanks, pump stations, and similar facilities).
(6)
Accessory uses customarily incidental to the other uses permitted
in this article.
The following prerequisites shall be met for each application
for approval of an age-qualified residential community:
A. An age-qualified residential community development shall meet all provisions of the Federal Fair Housing Act amendments of 1988, or as subsequently amended. As part of the declaration of restrictive covenants as required pursuant to §
200-77.6 herein, the applicant shall include a declaration against all dwellings proposed to be age-qualified. The declaration shall permanently bind a minimum of 80% of the dwellings to be permanently occupied by at least one person age 55 or older; a greater percentage may be so restricted as part of the declaration. No permanent occupant of any age-qualified dwelling may be less than 18 years of age.
B. Any tract of ground or contiguous group of tracts which are the subject
of an application for conditional use approval as an age-qualified
residential community pursuant to this article, shall contain a minimum
of 40 acres or be adjacent to and connect to an approved age-qualified
residential community.
C. Any tract of ground or contiguous group of tracts which are the subject
of an application for conditional use approval as an age-qualified
residential community pursuant to this article shall have a minimum
of two entrances.
The following general regulations shall apply in an age-qualified
residential community:
A. Ownership. The tract of land to be developed shall be in one ownership,
shall be equitably owned by the applicant, or shall be the subject
of an application filed, jointly by the owners of the entire tract,
and it shall be agreed that the tract shall be developed under single
direction in accordance with the approved homeowners' association
declaration with restrictive covenants, and in accordance with approved
subdivision and/or land development plans as shall be required. The
homeowners' association declaration and development agreements shall
be binding upon all assignees or purchasers of property.
B. Sewer and water facilities. The tract shall be served by public sewer
and public water facilities designed to current Township regulations.
C. Development plans. The application for development and conditional use of all or part of a tract of land shall be accompanied by a preliminary plan submission pursuant to §
172-12 of the Subdivision and Land Development chapter [Chapter
172] of this Code.
A homeowners' association declaration shall be approved by the
Township and recorded. Said declaration shall provide all of the restrictions
necessary to assure that a proposed development will operate as depicted
on the approved final subdivision and land development plans and be
in compliance with the Federal Fair Housing Act amendments of 1988,
or as subsequently amended. The following are the minimum requirements
for the declaration:
A. Provisions for the establishment of a homeowners' association(s)
or other similar entity as approved by the Township, with mandatory
membership by the current owner of each dwelling.
B. Parties to the declaration shall be bound by all restrictions contained
therein and shall include, at a minimum, members of the aforementioned
association(s), developer, mortgagees of any lot and/or building on
the tract, legal entity responsible for the operations of the community
center and its associated facilities, and any other parties having
any interest in all or any part of the proposed development, and the
Township. Provisions shall be included to permit Township enforcement
of the restrictions contained in the declaration, in the event that
the responsible association(s) or other entities fail to do so.
C. Cross-easements shall be included which shall assure proper circulation
throughout the development and access to all common recreation and
open space areas, roadways and common parking areas.
D. Maintenance responsibilities shall be included for any community/recreation
center and related facilities, other recreational facilities, common
open space, circulation network, common parking areas, landscaping
and all other areas not individually controlled by a homeowner in
fee title.
E. Provisions to ensure that development of any buildings, parking,
or other similar improvements be prohibited on any lots to be utilized
solely for open space purposes, as indicated on the approved record
plan.
F. Provisions stipulating each lot owner/resident's rights with respect
to common areas and common elements.
G. Residency restrictions applicable to a development in this district
shall be included in the declaration of restrictive covenants and
as additionally specified herein. Residents of an age-qualified residential
community shall be limited by deed and by lease, where applicable,
to households including at least one permanent resident age 55 years
or older, and shall prohibit occupancy by any person age 18 or younger,
except as follows:
(1)
Individual units may occasionally house persons younger than
age 18, such as grandchildren, provided they reside within the dwelling
for less than 120 days, cumulatively, in any calendar year.
(2)
This subsection shall not require members of a household to
move out of a dwelling if they qualified for residency at the time
of their initial occupancy and no longer meet the requirements for
residency because a resident age 55 or older died, divorced, was placed
in a nursing or other similar assisted care facility or experienced
a similar circumstance.
(3)
The applicant shall prove to the satisfaction of the Board of
Supervisors that an appropriate entity, such as a homeowners' association,
will have appropriate authority through deed restrictions or similar
mechanisms to ensure compliance with the age-limitations.
H. Any change to cross-easements, maintenance responsibilities, or other
applicable restrictions which is substantive in the opinion of the
Board of Supervisors will necessitate an amendment to the declaration
of restrictive covenants to be submitted, approved and recorded to
replace any prior such document. No subdivision or land development
for any development on the subject development tract shall be approved
without a current recorded declaration of restrictive covenants.
I. Any additional restrictions which the HOA may determine to apply
to the development which are stricter than existing Township regulations.
Notwithstanding any other provision or requirement of this article, if any portion of the proposed development is located within the Village Commercial District (Article
VIII, §
200-39 et seq.), then the property located within the VC District shall be developed to permit the construction of a minimum of 20,000 square feet of nonresidential uses permitted by right in the VC District (Article
VIII, §
200-40). VC District development shall be architecturally designed to blend with residential uses developed under the overlay regulations. VC District development shall be permitted two monument-style signs no greater then 40 square feet in size along with one flush-mounted wall sign per building not to exceed 40 square feet.