City of Vineland, NJ Article IXA Active Adult Communities

[Added 4-14-2020 by Ord. No. 2020-17]

§ 425-147.1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ACTIVE ADULT COMMUNITY

Any residential development that offers independent, relatively maintenance-free living and recreational amenities to senior residents. To qualify as an active adult community, at least 80% of the dwelling units shall be occupied by at least one person who is 55 years of age or older. No children under the age of 19 are permitted to reside in an active adult community.

§ 425-147.2 Purpose.

The purpose of this article is to regulate the construction and operation of active adult communities, a form of residential development designed for senior living. This article governs two zoning districts: AA-1 Active Adult and AA-2 Active Adult. An AA-1 Active Adult Zone is designed for smaller projects and is characterized by an allowance for more types of housing with fewer amenities. An AA-2 Active Adult Zone is designed for larger projects with detached single-family homes with more amenities.

§ 425-147.3 Standards governing active adult communities.

A. Location. Active adult communities are permitted in those areas designated as either an AA-1 Active Adult Zone or as an AA-2 Active Adult Zone, in accordance with Article XV, Zoning, of this chapter.

B. Area of community. The minimum lot area-net of an active adult community shall be 15 acres in an AA-1 Active Adult Zone and 150 acres in an AA-2 Active Adult Zone.

C. Impervious lot coverage. The impervious lot coverage of an active adult community shall not exceed 30% in both an AA-1 Active Adult Zone and an AA-2 Active Adult Zone.

D. Limited access. An active adult community shall be gated, thereby limiting access to residents and other authorized people.

E. Ownership. Either a homeowners' association or a condominium association shall be an acceptable form of ownership for an active adult community. With a homeowners' association, each dwelling unit may have a fee simple lot, but all other lands, accessory uses and amenities, including community drives, shall be owned by the homeowners' association, of which all dwelling unit owners must be a party. With a condominium association, all lands, accessory uses and amenities, including community drives, shall be owned by the condominium association, of which all dwelling unit owners must be a party.

F. Prohibition. A land lease community or mobile home park shall be prohibited. No mobile home or manufactured home shall be placed within an active adult community, except as permitted by N.J.S.A. 40:55D-100 et seq.

§ 425-147.4 Standards governing dwelling unit lots.

A. Lot area. The minimum lot area-net of an active adult community lot, whether fee simple or not, shall be 3,600 square feet in an AA-1 Active Adult Zone and 7,200 square feet in an AA-2 Active Adult Zone. No portion of a lot shall include freshwater wetlands, wetlands transition areas or flood hazard areas.

B. Lot frontage. All lots shall front on community drives, not public streets or roads. The minimum frontage of an active adult community lot, whether fee simple or not, shall be 30 feet in an AA-1 Active Adult Zone and 60 feet in an AA-2 Active Adult Zone.

C. Lot depth. The minimum depth of an active adult community lot shall be 120 feet in both an AA-1 Active Adult Zone and an AA-2 Active Adult Zone.

§ 425-147.5 Standards governing density and design.

A. Density. The number of active adult community lots per gross acre, whether fee simple or not, shall not exceed three in an AA-1 Active Adult Zone and two in an AA-2 Active Adult Zone.

B. Types of units. Single-family detached dwellings or two-family dwellings with side-by-side units shall be permitted in an AA-1 Active Adult Zone. Only single-family detached dwellings shall be permitted in an AA-2 Active Adult Zone.

C. Distance between residential structures.

(1) No residential structure shall be placed closer than 20 feet from the side of another residential structure (i.e., side wall to side wall).

(2) The end-to-end distance between residential structures shall not be less than 60 feet (i.e., rear wall to rear wall).

D. Setback along community drives. No dwelling unit or accessory building shall be placed closer than 30 feet to any community drive, as measured from the back of curb. Adjoining dwelling unit and building setbacks shall be staggered, varying by a minimum of two feet, so as not to present a regimented, barracks-like streetscape.

E. Home orientation. The front facade of all dwelling units shall be oriented toward a community drive.

F. Patios and decks. Any dwelling unit may have a patio or ground level deck, but said patio or deck shall not extend more than 10 feet from the rear wall of the dwelling unit.

G. Building height. The maximum height for dwelling units shall be 25 feet in both an AA-1 Active Adult Zone and an AA-2 Active Adult Zone. The maximum height for other community structures shall be 35 feet.

H. Accessory structures. Accessory structures shall only be permitted for the active adult community, not for individual dwelling units. Accessory structures shall include, but not be limited to, a gatehouse, community center, business office, maintenance building for equipment and supplies, and rooftop or parking lot solar canopy.

I. Garages. All dwelling units within an active adult community shall be provided with a one-car garage, at a minimum.

J. Block sizes, Block sizes shall be a maximum consistent with the shape of the site and the convenience and safety of the community residents. Blocks longer than 500 feet shall be designed with midblock pedestrian easements at least 10 feet wide to be improved with a five-foot-wide hard surface sidewalk or path.

K. Electric and communication utility easements. A ten-foot-wide easement for electric and communication uses shall be provided to the rear of the curb when located in the service area of a utility company or authority requiring same. The easement area may not be used for fences or other obstructions. Paved driveways, sidewalks and landscaping are permitted.

§ 425-147.6 Signs.

A. Community identification. A monument sign with the name of the active adult community shall be installed at each entrance. The monument sign shall be a maximum of 50 square feet.

B. Dwelling unit identification. A consecutive numbering system shall be established, and each dwelling unit lot shall be clearly identified by a number, in accordance with §§ 258-5B and C and 258-10 of the City of Vineland Code.

C. Community drives. Signs shall be required at all intersections identifying community drive names.

D. Traffic control signage. All traffic control signage shall meet MUTCD design and installation standards.

§ 425-147.7 Construction standards.

A. Regulatory standards. The standards established by the New Jersey Residential Site Improvement Standards Act[1] and the New Jersey Uniform Construction Code,[2], the Illuminating. Engineering Society, the New Jersey Department of Environmental Protection, the Cumberland County Planning Board, the Soil Conservation District, and such other statutory provisions which pertain shall apply. Each phase or type of construction shall comply with the applicable codes and standards. See §§ 425-71, Flood damage prevention, and 425-79, Construction standards, of Article VII.

[1] Editor's Note: See N.J.S.A. 40:55D-40.3 et seq.

[2] Editor's Note: See N.J.S.A. 52:27D-119 et seq.

B. Grading. The natural topography of a site shall be maintained to the maximum extent possible.

C. Green infrastructure. Green infrastructure shall be incorporated into the design of the community to the maximum extent possible.

D. Lighting. The minimum levels of illumination to be provided are 0.1 average maintained footcandle for all parts of the community and 0.3 average maintained footcandle for potentially hazardous locations. For other specifics, refer to Illuminating Engineering Society standards.

§ 425-147.8 Traffic impact statement and circulation.

A. Traffic impact statement (TIS). A traffic impact statement (TIS) shall be submitted with the subdivision/site plan application. See Article VII, § 425-80, for contents of a traffic impact statement.

B. Community drives. Roadways within an active adult community shall be private drives.

C. Access to dwelling units. Community drives shall be designed to provide convenient, direct access to all dwelling units. Where dead-ended drives are necessary, culs-de-sac shall be installed.

D. Grading. Community drives shall follow existing contours to the fullest extent possible, while providing satisfactory gradients and fire protection access to dwelling units.

E. Sight triangles. Clear sight triangles shall be provided and maintained at intersections of community drives with public streets and internally at intersections of community drives.

F. Accel/decel lanes. Accel/decel lanes may be required at entrances to an active adult community.

§ 425-147.9 Parking.

A. Dwelling unit parking. In addition to a one-car garage, at a minimum, all dwelling units within an active adult community shall be provided with two parking spaces on the dwelling unit lot in front of the unit.

B. Additional parking. Accessory uses to an active adult community, such as a business office or community center, shall be provided with parking. A community center shall be provided with a minimum of one space per 100 square feet of floor area.

§ 425-147.10 Solid waste and recyclables.

A. Storage and collection. Solid waste and recyclables shall be stored and collected at each dwelling unit or at a centralized location, in accordance with § 620-1 et seq.

§ 425-147.11 Open space and recreational amenities.

A. Required open space. Excluding perimeter buffers, a minimum of 15% of the remaining acreage of an active adult community shall be preserved as open space. At least 30% of this required open space shall be usable, meaning free of environmental constraints (e.g., natural water bodies, streams, freshwater wetlands and buffers, and stormwater retention or detention basins) and shall be suitably sized to accommodate recreational uses.

B. Recreational amenities. Recreational amenities in an active adult community may include, but not be limited to, a community center, picnic/barbecue areas, seating areas, paddle tennis courts, bocce courts, walking or jogging trails, tennis courts, fitness/exercise courses, gardening areas (including greenhouses), shuffleboard courts or any other activity consistent with the lifestyle of community residents. All recreational amenities shall be exclusively for the use of residents or their guests.

C. Location. Recreational amenities shall be so located and arranged as to provide for the maximum efficiency of function, benefit, and convenience to all the community residents. Details of active recreational facilities shall be shown on the subdivision/site plan to be approved by the Planning Board.

D. Community center. The minimum usable open space referred to in Subsection A above may be waived if a community center is provided in an AA-1 Active Adult Zone, while a community center shall be provided in an AA-2 Active Adult Zone. The size of the community center shall be based on 25 square feet per dwelling unit in the community, with a minimum size of 1,500 square feet required in an AA-1 Active Adult Zone and 7,500 square feet in an AA-2 Active Adult Zone. While a larger community center is allowable, the required maximum size based on the calculation shall be 15,000 square feet. A community center may include, but not be limited to, a kitchen, restrooms, ballroom, meeting room, library, computer room or fitness center.

E. Pools. Active adult communities with over 100 dwelling units shall have an outdoor pool. Active adult communities with over 250 dwelling units shall have a community building with an indoor pool. Pools shall be a minimum of 2,800 square feet in size, shall have swimming lanes, shall be heated, and shall have adjoining seating areas.

F. Utilization of buffers. Buffer areas abutting public streets or adjoining properties shall not be used to meet the open space requirements, nor shall such areas be put to recreational use.

G. Fencing and screening. Any areas devoted to active sports, such as tennis, swimming or golf, shall be enclosed by fencing of sufficient height to minimize potential hazard and nuisance to dwelling units within the community or adjacent residences. In addition to fencing, screening may be required to ensure privacy and to buffer noise.

H. Maintenance. Open space and recreation facilities' maintenance shall be the responsibility of the homeowners' or condominium association and shall include maintenance of lawns, landscaping, paved areas, drainage systems, screening materials, including fences, as well as all the facilities to be used in common.

I. Performance guarantee. In addition to any other bonding which may be required, a performance guarantee shall be posted for any proposed community center as a condition for the release of any construction permits for an active adult community. A community center shall be completed and operational by the time 50% of the proposed dwelling units in the active adult community have been issued construction permits. Even if all phases of a project are not completed, any required community center shall be constructed.

§ 425-147.12 Environmental conditions and impact statement.

In reviewing an application for an active adult community, the Planning Board shall ensure that adequate provisions are made to preserve, protect and make maximum use of the natural features and resources of the site. To this end, an environmental impact statement shall be submitted with each application. See Article VII, § 425-81, for the contents of an environmental impact statement.

§ 425-147.13 Energy conservation.

A. Building orientation. Buildings shall be oriented to increase energy efficiency, reduce reliance on fossil fuels and promote utilization of renewable energy sources.

B. Natural vegetation and landscaping. Natural vegetation shall be utilized and supplemented with landscaping throughout the site to aid in achieving the fullest practical degree of climate moderation.

§ 425-147.14 Buffers and landscaping.

A. Perimeter buffers. Active adult communities are typically adjacent to lower-density residential development. Larger setbacks and existing and/or proposed landscaping shall be required to provide adequate buffering between active adult communities and existing or future lower-density development. A minimum buffer of 50 feet along any public right-of-way and 75 feet along any abutting property shall be required for any active adult community. Only natural vegetation, landscaping and fencing shall be permitted within the buffer area. No portion of a dwelling unit lot, whether fee simple or not, accessory use, amenity, or constructed drainage system may be located within the buffer area. In approving a landscaping plan, the Planning Board shall take into consideration the depth and quality of existing vegetation in buffers, as supplemented by the landscaping, in determining if adequate screening is provided.

B. Existing perimeter vegetation. No trees or vegetation shall be removed from street line or property line setback areas, except for the removal of noxious, dead or diseased materials needed to improve the health of the existing trees and shrubs or to accommodate supplemental landscaping. Clearing for streets, drives or utility connections or similar, required improvements shall be permitted, but only to the extent needed to accommodate the improvements and necessary regrading.

C. Perimeter buffers standards.

(1) The minimum standard for a planted buffer, assuming there is no existing perimeter vegetation, is as follows:

(a) Deciduous shade trees: two for every 100 feet.

(b) Deciduous flowering or ornamental trees: three for every 100 feet.

(c) Deciduous shrubs: 10 for every 100 feet.

(d) Evergreen trees: five for every 100 feet.

(e) Evergreen shrubs: five for every 100 feet.

(2) Where existing vegetation is preserved, the minimum buffer quantities listed in Subsection C above may be reduced to no less than 1/3 of the total, depending on the quality of the existing materials and their buffering performance. The proposed additional buffer materials will be judged based on compatibility with the existing vegetation and their ability to thrive in the proposed conditions.

(3) When the perimeter buffer depth is reduced to less than the minimum, the quantities listed in Subsection C above must be increased by no less than 1/3 of the total.

(4) If a screening fence or wall is used, the minimum buffer quantities listed in Subsection C above may be reduced to no less than 1/3 of the total.

D. Landscaping. Landscaping shall be an essential feature of the active adult community and shall be used as a means of unifying the total site. Tall trees and massing of plants can be used to create focal points and define public areas. To the fullest practical extent, shade trees shall be retained or planted at appropriate locations throughout the community and shall be provided along public streets and community drives, at least one for each 50 feet of frontage. Deciduous trees shall have at least one-and-three-fourths-inch caliper at planting; evergreen trees shall be at least five feet tall; and all shrubs, other than dwarf varieties, shall be at least two feet tall at time of planting.

E. Dwelling unit lots. One third, at a minimum, of the dwelling unit lot in front of the dwelling unit shall be landscaped with a combination of trees, bushes, shrubs, flowers and grass. Berming and additional trees, bushes or grasses must also be provided when dwelling units back up to other dwelling units or facilities in the development to enhance privacy. At least one tree for every three dwelling units must be planted along these rear lot areas.

F. Accessory uses and amenities. Accessory uses and amenities, particularly community centers and parking lots, shall be landscaped, utilizing a combination of trees, bushes, shrubs, flowers and grass.

G. Service areas. Service areas shall be fully screened from public streets, adjacent residential properties and community dwelling units.

H. Planning Board review. In reviewing the landscaping plan, the Board shall determine that:

(1) Erosion-resistant plants are planned for slope areas.

(2) Plantings along public roads are sufficient to buffer noise and headlights.

(3) The use of plants to serve as windscreens in winter and to provide shade in summer has been utilized to the maximum extent practicable.

(4) The plan makes all possible attempts to break up the vista of long rows of dwelling units.

(5) The plan provides for a variety of species to avoid extensive disease or winter-kill losses.

(6) The plan provides some seasonal variations.

§ 425-147.15 Development phasing regulations.

If an active adult community is proposed to be developed in phases, the following regulations shall apply:

A. Required and usable open space. The preservation of required open space and the development of usable open space shall be proportionally divided in accordance with the number of proposed dwelling units in each phase. In no case may recreational amenities be postponed to later phases of an active adult community.

B. Abandonment of phases. Each phase of an active adult community shall be designed to be functionally self-contained and capable of sustained occupancy and maintenance. Phases shall be developed in the order presented in the approved plan.

§ 425-147.16 Submission of development application.

A. Type of application. A major subdivision application shall be submitted if the proposed active adult community is to be owned by a homeowners' association (i.e., fee-simple lots). A major site plan application shall be submitted if the proposed active adult community is to be owned by a condominium association.

B. Subdivision plan and site plan details and other required data. In addition to the requirements of §§ 425-60 and 425-61, the following shall be required:

(1) Delineation and dimensioning of the active, adult community. All numerical standards established in the Zoning Schedules[1] and in this article shall be addressed.

[1] Editor's Note: Said Schedules are included as attachments to this chapter.

(2) Delineation and dimensioning of all dwelling unit lots, whether fee simple or not. Standard subdivision dimensioning techniques are to be utilized, except the back or curb shall be used in lieu of the right-of-way line if the dwelling unit lots are not fee simple. All numerical standards established in the Zoning Schedules and in this article shall be addressed.

(3) Traffic impact statement (TIS) prepared in accordance with § 425-80.

(4) Environmental impact statement prepared in accordance with § 425-81.

(5) All environmental regulatory boundaries (e.g., flood hazard area, freshwater wetlands, Category I waters).

(6) Delineation and quantification of required and usable open space. (Note: natural water bodies, streams, freshwater wetlands and buffers, and stormwater retention or detention basins are to be excluded.)

(7) Location and design details of all accessory uses and amenities.

(8) Location and design details, including floor plan, of any community center, if applicable.

(9) Draft association documents, if application is for final approval.

(10) Plan showing phasing, if proposed, with improvements that may be necessary if each subsequent phase doesn't proceed (e.g., cul-de-sac at terminus of community drive at limit of phase).

(11) Report on how efforts were made to maintain woodlands and natural topography and to incorporate green infrastructure and energy conservation into the design of the active adult community.

§ 425-147.17 Improvements.

A. On-site improvements. On-site improvements, such as drives, lights, signs, curbs and gutters, as well as sidewalks, shall be provided as specified under the New Jersey Residential Site Improvement Standards or, when applicable, the construction standards of the City of Vineland. See Article VII, Design Standards, § 425-79.

B. Off-tract improvements. Off-tract improvements, if required, shall be in accordance with the provisions of Article VI, § 425-47.

§ 425-147.18 Exceptions, variances and public hearings.

A. For provisions regarding exceptions, see Article VI, Subdivision and Site Plan Review and Approval, § 425-50.

B. For provisions regarding variances, see the Zoning Schedules (§ 425-308 of Article XV, Zoning).[1]

[1] Editor's Note: Said Schedules are included as attachments to this chapter.

C. All active adult community applications shall be subject to a public hearing. For provisions regarding public hearings, see Article I, General Provisions, § 425-9 et seq.

§ 425-147.19 Responsibility for community maintenance.

A. Property maintenance. It shall be the responsibility of the homeowners' association or the condominium association, whichever the case may be, to maintain all common facilities and improvements of the community in good operating order at all times. The association shall also maintain all dwelling unit lots, whether fee simple or not.

B. Annual reporting. The secretary of the association shall annually provide the Tax Assessor with the name and phone number of the responsible contact person for the association.