In expansion of the community development objectives contained in Article
I, §
300-2 of this chapter, it is hereby declared to be the intent of this article with respect to ARR Age-Restricted Residential Community District to establish reasonable standards and criteria to permit an age-restricted residential community as a conditional use in appropriate locations within the R-1 District 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
changes.
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 associated with age-restricted
communities can justify higher densities than typical development
in the underlying districts.
E. To encourage
flexible site design which respects 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 R-1 Residential District, provided that the tract proposed for such development meets the criteria specified in §
300-345 of this article, and that the procedural requirements for conditional uses, set forth in §
300-60 of this chapter, are followed. An "age-restricted 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-restricted residential community
are as follows:
(1) Single-family
detached dwellings.
(2) Single-family
detached zero-lot line dwellings and other nontraditional forms of
single-family detached dwellings.
B. Certain additional
uses shall be developed in conjunction with an age-restricted 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 or their
guests. Development of the community center shall occur in the first
phase of any multiphase project. The community center shall provide
at least ten square feet of area for each household in the community
it is to serve; provided, however, that it shall have a minimum of
2,000 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 or their guests, including tennis courts, fitness/jogging/walking/bicycling trails, practice golf green, or similar facilities. In addition, as a result of the unique nature of an age-restricted residential community, the requirements for the open space areas shall be as prescribed in this section and §
300-347C herein; the requirements of Article
V of Chapter
270, Subdivision and Land Development, shall not be applicable for development approved pursuant to this article.
C. Additional uses
which may be developed in conjunction with an age-restricted residential
community may include the following, provided, however, that none
is intended as an independent, freestanding commercial use:
(1) Gate house
(security hut) and appurtenances related thereto (gates, automated
card readers and similar facilities)
(2) Accessory
uses customarily incidental to the other uses permitted in this article.
D. No-impact home based businesses in accordance with the standards set forth in §
300-25 herein.
[Added 3-15-2004 by Ord. No. 436]
E. Home occupations, provided that all of the requirements of §
300-26 herein shall be met.
[Added 3-15-2004 by Ord. No. 436]
The following prerequisites shall be met for
each application for approval of an age-restricted residential community:
A. An age-restricted 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 §
300-350 herein, the applicant shall include a declaration against all dwelling units proposed to be age-qualified. The declaration shall permanently bind a minimum of 80% of the dwelling units 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 an age-qualified dwelling unit 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-restricted residential
community pursuant to this article, shall contain a minimum of 50
acres, exclusive of area within the ultimate rights-of-way of existing
public roads.
C. Any tract of
ground, or contiguous group of tracts which are the subject of an
application for conditional use approval as an age-restricted residential
community pursuant to this article, shall have a minimum of 350 feet
of frontage, measured along the ultimate rights-of-way, on roads with
a collector or higher classification according to the Township's adopted
Ultimate Right-Of-Way Map. Any individual area of such frontage less
than 100 feet in length shall not be credited towards this frontage
requirement.
D. A traffic impact study and community impact analysis, submitted in forms as described in §
300-438E and
I of this chapter, respectively, shall be required for any conditional use application submitted pursuant to this article. Evaluation of the community impact analysis shall be in accordance with the procedure set forth in §
300-207 of the chapter. In addition to those requirements of §
300-438I, the community impact analysis shall include a separate section describing the market feasibility of the proposed community, documenting the demand for age-restricted units and the types of dwelling units proposed.
The following general regulations shall apply
in the ARR age-restricted residential community District:
A. Ownership. The tract of land to be developed shall be in one ownership 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 an approved master plan and declaration of restrictive covenants pursuant to §§
300-349 and
300-350 herein, respectively, and in accordance with approved subdivision and/or land development plans as shall be required. The master plan, declaration of restrictive covenants, and development agreement required in Subsection
D of this section shall be binding upon all assignees or purchasers of property in the District.
B. Sewer and water
facilities. The tract shall be served by public sewer and public water
facilities deemed acceptable by the Board of Supervisors.
C. Development plans. In addition to the master plan required pursuant to §
300-349 herein, actual application for development of all or part of a tract of land in this District, shall be accompanied by subdivision and/or land development plans which shall comply with Chapter
270 of the Township Code, Subdivision and Land Development. The plans shall be subject to the tentative, preliminary, and final plan stages in accordance with the requirements of that chapter.
D. Development agreement. In addition to the declaration of restrictive covenants required pursuant to §
300-350 herein, approved development of all or any portion(s) of a tract in this District shall be executed in accordance with a development agreement in form and substance satisfactory to the Township. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan for the tract, or phases(s) or portion(s) thereof, as appropriate. Should any final plans be amended subsequent to original recording, an approved amended final plan shall be recorded, together with an amended development agreement, as necessary.
In any development pursuant to this article,
a master plan of the entire development tract shall be submitted for
approval by the Board of Supervisors. Once approved, said plan shall
be recorded prior to or simultaneously with the recording of the initial
subdivision and/or land development plan for any portion of the tract.
The following are the minimum requirements for said plan:
A. As a minimum, said plan shall be drawn to tentative sketch plan requirements, pursuant to §
270-31 of Chapter
270, Subdivision and Land Development. The master plan shall show relationships between the proposed developed areas of the tract with open space areas. It shall show how development of the entire tract, once executed in accordance with this plan, will function cohesively as an integrated development. The master plan shall depict proposed buildings/building groupings, lot lines, vehicular circulation, parking, usage of other open space areas, and a generalized landscaping scheme for the entire tract. The master plan shall not replace the need for a tentative sketch plan submission for individual phases or sections of the proposed development as would otherwise be required by Chapter
270, Subdivision and Land Development, §
270-30A.
B. Preservation
of natural features shall be assured; demonstration of this shall
be documented through the master plan and on subsequently required
subdivision and/or land development plans and landscape plans. The
following shall be addressed in terms of natural features preservation:
(1) Floodplains and wetlands shall be protected in accordance with the Floodplain Conservation District, Article
V of this chapter, and §
270-32C(5)(d) of the Township Subdivision and Land Development Ordinance, respectively, as well as all applicable state and federal regulations.
(2) Steep slopes shall be protected in accordance with the Steep Slope Conservation District, Article
VI of this chapter. When in the opinion of the Township Engineer soils information does not adequately depict steep slopes, topographic information shall be used to supplement it.
(3) Disturbance of woodlands and other vegetation shall be minimized. Section
270-66B, Tree preservation, of Chapter
270, Subdivision and Land Development, shall be enforced. When more than 25% of the trees with a minimum of a six-inch caliper must be removed, compensatory planting shall be provided at a rate of one inch of new caliper for every four inches of caliper removed. Every replacement tree shall have a minimum of two-and-one-half-inch caliper. Alternative types of compensatory planting may be permitted, with the concurrence of the Township. No grade changes, installation of impervious cover, or equipment storage shall be permitted within the dripline of any tree to be preserved; fencing shall be placed at the dripline before any site work is begun, including tree removal or grubbing.
(4) Topsoil shall be protected in accordance with §
270-66C, Topsoil preservation, of Chapter
270, Subdivision and Land Development.
C. In addition
to sidewalks which are otherwise required by Township ordinances,
pedestrian accommodations shall be included on the development tract
in locations logical to provide pedestrian movement between buildings,
between buildings and parking areas, and between the residences and
open space areas. Said pedestrian accommodations shall be reflected
on each subsequently approved land development plan. In addition to
accommodation for pedestrians, accommodations shall be made for the
handicapped. For any crossings of roadways with a feeder or higher
classification in accordance with the Township's Ultimate Right-Of-Way
Map, grade-separated accommodations shall be provided unless the Township
specifically approves an on-grade arrangement. In any instance wherein
a pedestrian or handicapped crossing is proposed for a roadway of
lesser classification, suitable markings and signage shall be provided
to alert motorists of the crossing.
D. Any change to
proposed lots, buildings, circulation, parking, or open space configuration,
landscaping, or extent of natural features preservation which is substantive
in the opinion of the Board of Supervisors will necessitate a revised
master plan to be submitted, approved and recorded to replace any
prior master plan(s). The Board may permit modifications, including
but not limited to, minor modifications to the layout of dwelling
unit/lots, and minor adjustments in the location of groupings of dwelling
units, without submission of a revised master plan. However, any changes
approved, which are not shown on the currently recorded master plan
shall be reflected on the master plan next required. No subdivision
or land development for any development on the subject development
tract shall be approved without a current recorded master plan.
E. The most current
recorded master plan must contain a tabulation of the ratio of open
space provided on the development tract and a tabulation of the number
of dwelling units proposed and tract-wide density which will result
once said units are constructed. Said tabulations shall be kept current
through the most recently approved subdivision and/or land development.
A revised master plan must be recorded simultaneously with the recording
of each subsequently approved subdivision and/or land development
in order that the open space ratio is continually updated. In addition,
as each land development plan is approved on an individual lot, a
perpetual deed restriction shall be placed on that lot restricting
any further subdivision of that lot and further restricting the amount
of impervious coverage, to that percentage which was approved as part
of the land development plan.
F. Phasing of a development in the ARR District is expected due to its scale. Phasing shall be reflected on the master plan, with changes to the phasing required to be reflected on a revised master plan. Subdivisions and/or land developments to implement all or a portion of any phase shall be processed in accordance with the requirements for same in Chapter
270 of the Township Code; their depiction on the master plan is required once they are approved by the Township.
G. Subdivisions for mortgage or similar purposes may be permitted following the requirements set forth in §
270-30F of Chapter
270 of the Township Code. Subdivisions duly processed in accordance with the usual requirements for same as contained in Chapter
270 to allow sections and/or phase of the residential component of the development to be developed separately and/or at different times, may also be permitted. All subdivisions approved by the Township, regardless of purpose, shall be reflected on the most recent master plan.
Accompanying the master plan, a Declaration
of Restrictive Covenants must 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
master plan 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 unit represented in the master plan.
B. Parties to the
Declaration of Restrictive Covenants 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
provisions shall be included for any community/recreation center and
related facilities, other recreational facilities, 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 most currently approved master
plan.
F. Provisions stipulating
each lot owner/resident's rights with respect to common areas.
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 active adult 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 unit for less than
120 days in any calendar year.
(2) This subsection
shall not require members of a household to move out of a dwelling
unit 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 additional
restrictions which will be applied to the development which are stricter
than existing Township regulations.
I. 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.