[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.
A. 
All developments shall have a minimum frontage of 200 feet upon an accepted public street improved to the standards of the street specifications of the Borough.
B. 
No building or structure shall be located closer than 50 feet to any boundary line of the development. No off-street parking area shall be located within the front yard setback or closer than 25 feet to any property line.
C. 
Distance between buildings. There shall be a minimum distance between adjacent buildings equal to or greater than the height of the taller building.
D. 
Height requirements. The maximum height of any building or structure shall be as required by the funding agency.
E. 
The minimum living floor area for each dwelling unit shall be as required by the funding agency for subsidized developments.
F. 
An overall theme of architectural design shall be utilized within the development for the purpose of presenting an aesthetically desirable effect and shall be such that it provides varied building elevations, design and structural appearance within the context of the overall theme.
A. 
Two means of safe traffic ingress and egress shall be provided into the tract.
B. 
Each residential unit, sidewalk, driveway and common area shall be designated to provide adequate, convenient and safe use of all facilities by older persons. The grades of sidewalks, driveways and roads shall not exceed 6%. Minor exceptions may be made to the grade requirements by the municipal agency in exceptional circumstances.
C. 
All internal roadways and off-street parking areas shall be paved, bounded by permanent curbing and provide, as required, sidewalks, all of which shall be constructed in accordance with Borough specifications.
D. 
Internal roadways and parking areas shall be located at least 25 feet from a building, except where a driveway leads to a garage, and at least 25 feet from a property line and from a public street.
E. 
The Borough may require all streets or drives within the complex to be retained by the owner for maintenance and repairs.
F. 
Internal roadways shall be at least 40 feet of right-of-way with 30 feet of pavement width for two-way traffic and 30 feet of right-of-way with 20 feet of pavement width for one-way traffic and shall not enter a public street within 100 feet of an intersection. Guest parking on internal roadways shall be designated and limited.
G. 
The arrangement and location of internal roadways, garages and parking areas shall be subject to the approval of the municipal agency and shall be designated to ensure safe and adequate circulation for residents and their guests and for emergency vehicles.
H. 
Pedestrian sidewalks shall also be provided in suitable locations, including entrances and exits, wherever normal pedestrian traffic will occur and in order to handle the pedestrian traffic which the development will create. Special consideration shall be given to provide pedestrian access to the central business district.
I. 
It is the intent of the zone plan that all multifamily ACH developments shall be designated and maintained as private developments. Maintenance of all internal roadways, sidewalks, curb, drainage, landscaping, sewer lines, garbage collection, lighting and other common space services such as snow and ice removal for all internal streets and sidewalks shall be provided by the owner so as to maintain adequate, convenient and safe use.
J. 
The municipal agency may waive any of the above provisions and request the municipality to accept improvements as public.
A. 
The developer shall furnish, along with the plans and specifications required under Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park, landscaping plans drawn by a licensed landscape architect which shall include plans for lighting the grounds, roads, drives, walks, parking areas and building entrances of the development. Plans shall show separately contours, drainage areas, streams, wooded areas, and any other natural features of the land in a natural state before development proposals.
B. 
Down lighting shall be provided around all buildings. All walkways, parking areas, and outdoor activity areas to be used after dusk shall be lighted. Adequate shielding shall be provided so that direct or reflected glare from any on-site source shall measure no more than 1/2 footcandle at any property line where adjacent property is residentially zoned.
C. 
Any development shall be provided with liberal and functional landscaping schemes. Roads and pedestrian walks shall be provided with shade trees which are a minimum size and character in accordance with the reasonable recommendations of the Shade Tree Committee of the Borough of Lincoln Park and Article VIII, § 17-8.3, of Chapter 17, Land Development Review. The owner shall be required to maintain all plantings so that they do not obstruct walks or parking areas and, where adjacent to buildings, so that they do not grow higher than any windowsill so as to obstruct the window.
D. 
Open space adjacent to buildings, malls between buildings intended for utilization by residents and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or planted with trees and shrubs or any combination thereof. Areas not used for buildings, terraces, drives and parking spaces shall be seeded and landscaped and shall be maintained in a proper condition.
E. 
Screening or buffers consisting of plantings, strips and fences shall be required around outdoor utilities and around any other similar areas, along property lines of adjacent properties and around all parking areas in order to shield occupants and adjoining properties from such unsightly, disturbing or light glaring areas. Such screening or buffers shall be installed by the owner and shall consist of a solid evergreen hedge at least five feet tall at planting or earth berms and smaller plantings totaling five feet in height.
F. 
There shall be a buffer strip of at least 25 feet in width on all lot lines adjoining zone district lines and on all lot lines adjoining existing improved residential property. No buffer shall be required where such lot line borders a public street. All such buffer strips, if wooded, shall remain in their natural state or otherwise planted with a landscaped visual screen at least six feet in height.
A. 
The size and arrangement of bathrooms and fixtures therein shall be adequate for the convenient use of the older person. The floor finish shall be impervious to water, have nonslip characteristics and slope toward the center away from the door. The threshold of the bathroom shall be flush with the floor. All plumbing fixtures, accessories and trim shall be selected for and provide the maximum contribution to the safety, convenience and aid of older persons. Grab bars shall be provided beside toilets and in bathtubs and/or shower stalls. Shower stalls will include a built-in seat or bench or sufficient space for a bath stool.
B. 
Emergency buzzers, which also unlock the front door, should be installed in the bathroom and next to the bed.
C. 
Community/recreation facilities and lounge areas shall be provided as required by the funding agency.
D. 
Adult community housing developments shall be provided with adequate public areas, such as mail room, laundry room, lobby, lounge and/or recreation area, as required by the funding agency for the use of the residents.
E. 
A lockable storage space of at least 32 square feet and not less than six feet high shall be provided for each dwelling unit. Storage shall be located in the basement or in other areas of the buildings unless such a storage area is provided within the dwelling unit, in addition to the normal complement of closets.
F. 
Ramps shall be provided for access to all outdoor recreation areas within the development, as needed.
G. 
Ramps shall be provided at the entrances of at least 25% of all apartments in the development.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).