[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019; 12-7-2020 by Ord. No. 12-20, effective 12-28-2020]
A. Within the ACH Overlay Zone, no premises, lot, building or structure
shall be used and no building or structure shall be erected or altered
to be used in whole or in part for any other than the following purposes:
(1)
All underlying zone uses. Bulk regulations for the underlying
zones apply except when the land is developed in accordance with the
provisions of the ACH Zone.
(2)
Subsidized very-low-, low- and moderate-income senior citizen
housing developed by nonprofit or limited profit qualified sponsors
financed and otherwise subsidized by the United States Department
of Housing and Urban Development and/or the New Jersey Housing and
Mortgage Finance Agency, subject, nevertheless, to the further provisions
of this chapter.
(3)
Nonsubsidized fair market development in accordance with standards applicable to the TH-S Zone, Article
VI, except that:
(a)
All units in this ACH Overlay Zone shall be occupied by at least
one person 55 years of age or older and shall not be occupied by persons
under 19 years of age, with an exception provided solely in the circumstance
in which a resident who is 55 years of age or older, because of a
disability, requires that a caregiver or attendant who is under 19
years of age reside in the unit.
(b)
Density shall not exceed 10 dwelling units per acre.
(c)
All special conditions in §§
28-10.4B and
28-10.6A,
B,
F and
G applicable to subsidized senior citizen development shall be applied to fair market adult community housing.
(d)
One and 1/2 off-street parking spaces shall be required for
each dwelling unit.
(e)
The developer shall set aside 20% of the total units for very-low-, low- and moderate-income senior citizen households as those terms are defined in Article
XIX, of Chapter
17, Land Development Review.
B. Notwithstanding the provisions of Subsection
A of this section, if a development covers two or more set-aside housing types, the 20% set-aside requirement for very-low-, low- and moderate-income households may be furnished all in one housing type or distributed among the housing types in proportion other than 20%, provided that 20% of the total units are set aside as age-restricted, affordable housing units.
[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019; 12-7-2020 by Ord. No. 12-20, effective 12-28-2020]
A. The residents of a subsidized ACH development established pursuant
to this section shall be limited to qualifying very-low-, low- and
moderate-income elderly and handicapped persons as defined and otherwise
in accordance with the standards and requirements established by the
United States Department of Housing and Urban Development and/or the
New Jersey Housing and Mortgage Finance Agency. Units in the ACH development
zone shall be occupied by at least one person 55 years of age or older
and shall not be occupied by persons under 19 years of age, with an
exception provided solely in the circumstance in which a resident
who is 55 years of age or older, because of a disability, requires
that a caregiver or attendant who is under 19 years of age reside
in the unit.
B. Residency priority (federal- or state-funded projects). Subject to
requirements and standards established by the funding agency, preference
shall be given in the following order:
(1)
First priority: Lincoln Park senior citizens.
(2)
Second priority: senior citizens who are parents of Lincoln
Park residents.
(3)
Third priority: senior citizens who have resided within Lincoln
Park within the last three years.
(4)
Fourth priority: senior citizens residing within Morris County.
(5)
Fifth priority: senior citizens residing in contiguous counties
to Morris County.
(6)
Sixth priority: other senior citizens.
C. Lot area and density.
(1)
The minimum lot size shall be five acres.
(2)
No subsidized housing project shall be more than 150 units.
(3)
No project shall exceed a density of 15 units per gross acre.
(4)
Dimensional requirements shall be subject to waiver by the Planning
Board when funding agency standards differ from the appropriate section
of this chapter.
(5)
Off-street parking spaces shall be provided at a rate of one
per two dwelling units, plus guest parking as permitted by the funding
agency.
(6)
Where funding agency standards are made part of any application,
the municipal agency shall have the right to reject those standards
where it is deemed detrimental to the zone plan.
D. Building coverage. The total ground area of all buildings, including
accessory buildings, shall not exceed 18% of the lot area. Maximum
impervious surface shall not exceed 50% of the lot area.
E. In all subsidized ACH developments, the architectural design for
all buildings and recreation facilities must be consistent with the
ultimate purpose of achieving independent, self-reliant and pleasant
living arrangements for senior citizens and should take into account
the desires and needs of older persons for privacy, participation
in social and community activities and access to community activity
areas. At the same time, provisions should be made to accommodate
the limitations that sometimes accompany advancing years so that independent
living can be sustained.
Where applicable, an open space organization shall be provided pursuant to Article
XV of Chapter
17, Land Development Review.
Any person, firm, corporation, partnership, association or other entity violating or attempting to violate any provisions of this article, or any rule, regulation or order promulgated thereunder, shall be subject to a penalty as provided in §
28-26.6 of this chapter. The violation or attempted violation of this article or any rule, regulation or order promulgated thereunder shall constitute a separate offense for each day that it continues.