The intent and purpose of the ARRC zone is to provide realistic opportunities for construction of low- and moderate-income housing for senior citizens not only to implement the township housing element and fair-share plan which provide residential dwellings to be occupied by persons 55 years of age or older, as further defined and subject to the exceptions in and under the U.S. Fair Housing Act, as amended, such dwellings to be of a type which promotes the efficient delivery of municipal services, access to mass transportation, the provision of recreation facilities by the developer for the sole use by the residents and their guests, and to be designed specifically for adult citizens. (Ord. No. 14-06, § I, 5-9-2006)
(a) The following uses shall be permitted as permitted uses in the ARRC age restricted residential communities district:
(1) Multifamily dwellings.
(2) Temporary sales trailer and/or sales office.
(3) Recreational and cultural facilities for the sole use of the residents of the community and their guests, including but not limited to the following:
a. Community buildings,
b. Swimming pools,
c. Shuffleboard courts,
d. Tennis courts,
e. Picnic grounds,
f. Exercise facilities.
(b) Items a. and b. above are required elements, as set forth in section 62-1725(e) and section 62-1725(f) below. Items c. through f. are optional and may be provided if approved by the reviewing board.
(c) All facilities must be centrally located, designed to be a visual and social focal point of the community and with a character, style and scale compatible with the residential structures. (Ord. No. 14-06, § 1, 5-9-2006)
The following accessory uses are permitted in the ARRC Age Restricted Residential Communities district:
(1) Facilities and structures for maintenance and administration of the community grounds and the infrastructure contained therein.
(2) Home occupations as regulated in this chapter, except that no employees who are nonoccupants of the dwelling unit shall be permitted, nor shall client/customer visitation be permitted.
(3)Of street parking areas, for sole use by residents and their guests.
(4) Public utilities.
(5) Signs, as regulated in this chapter.
(6) Fences, as regulated in this chapter.
(7) Attached garages. (Ord. No. 14-06, § 1, 5-9-2006)
No building permit shall be issued for construction or other improvement for an age restricted residential community except in accordance with a site development plan for the overall site and an engineering and improvement plan that has been approved and perfected with the Planning Board of the Township of South Brunswick, as prescribed in this chapter. Such site development and engineering and improvement shall meet the following minimum requirements.
(1) Minimum tract size: 15 acres
(2) Maximum gross density: 8 dwelling units per acre.
(3) Maximum number of units: 250 dwelling units
(4) A minimum buffer area of 30 feet or a distance equal to 1.5 times the height of the tallest building on the site, whichever is greater, shall be provided around the entire perimeter of the tract. No buildings, parking areas, loading areas, storage areas, or structures shall be located in the buffer area. No building shall be located closer than 100 feet measured from the master plan right-of-way line of any collector or higher classified street. The buffer shall contain screening in the form of fencing, berms, plantings or a combination thereof. Existing vegetation shall be preserved within the buffer area to the greatest extent possible and supplemented as deemed necessary by the approving board, provided that grading and the installation of utilities may be undertaken within the buffer area which area shall thereafter be restored and/or replanted to the extent reasonably practical. Entry drives may be located within any required buffer or setback.
(5) Minimum building setback to tract boundary: The setback shall be equal to building height multiplied times 1.5 with a minimum setback of 30 feet.
(7) Minimum distance between buildings.
(8) All on-site utilities shall be underground.
(9) No less than 40 percent of the gross tract acreage shall be set aside as open space area, which may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
(10) A system of sidewalks and streets shall be installed to provide for safe and efficient circulation patterns for pedestrians and vehicles. Specifications shall be in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.).
(11) The amount and design of on-site parking shall be provided in accordance with the requirements of the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.), provided that 50 percent of the visitor parking shall be located within 150 feet of the clubhouse. (Ord. No. 14-06, § I, 5-9-2006)
(a) Detached garages are prohibited.
(b) The development must have immediate access to, or adequate road frontage on, a collector or arterial road, as classified by the master plan, as amended so that the internal circulation system may feed higher volume roadways in accordance with the circulation element of the master plan.
(c) Public sewer and water service shall be provided.
(d) All recreation facilities and community building(s) shall be fully operational at the time of issuance of the certificate of occupancy for the dwelling unit which is equal to 51 percent of the total number of dwelling units.
(e) There shall be a minimum of one community building containing at least 2,000 square feet or 10 square feet of floor area for each dwelling unit, whichever shall be greater.
(f) One swimming pool shall be provided with a minimum water surface area of 600 square feet and an improved sitting area contiguous to all sides of the pool having an area equal to two times the water surface area of the pool.
(g) Solid waste removal shall be provided through dumpster/recycling units that are conveniently located to each building. All dumpster/recycling units must be properly screened through a combination of landscaping and/or fencing.
(h) Shade trees shall be provided along all streets and sidewalks in accordance with section F9-1.rd
(i) Street lighting shall be provided on all streets, public or private, and shall be depicted on the site plan to be approved by the planning board. The style of fixture shall be clearly shown and also approved by the planning board.
(j) Each building shall be electronically equipped with a central station monitoring system for fire, police, and medical emergency services.
(k) Each indoor recreation facility and community building shall be equipped with at least one emergency back-up generator capable of providing full power to such facility or building for an extended period of time. (Ord. No. 14-06, § 1, 5-9-2006; Ord. No. 2008-39, § 1, 6-10-2008)
The planning board shall consider the proposed site development plan from the point of view of the standards and purposes of the regulations governing active adult communities so as to achieve a maximum of compatibility between the proposed development and the surrounding uses of land, the conservation of woodland and the protection of watercourses from erosion and silting and a maximum of safety, convenience and amenities for the residents of the community. To these ends, the planning board shall consider the following:
(1) The proposed site development plan will not adversely affect plans for the physical development of the township as contained in this chapter or in any master plan or portion thereof.
(2) The proposed site development plan will provide adequate and logically arranged facilities for on-site circulation and access and egress for the estimated vehicular and pedestrian traffic generated by such use.
(3) The proposed site development plan has been drawn to protect and retain existing natural features such as wetlands, streams, specimen trees, etc.
(4) The provision of landscaped open space or green areas required shall be so located and of such dimensions that their maximum use can be achieved by the residents of the community.
(5) No outdoor lighting shall be permitted to shine directly or cause a nuisance on any abutting property.
(6) The proposed land use and the intensity of use is reasonable in terms of the logical, efficient and economical provision of services and utilities, such as water, sewers, police and fire protection, transportation and recreation facilities.
(7) The proposal for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
(8) If the proposed development contemplates construction over a period of years, the terms and conditions intended to protect the interest of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate. (Ord. No. 14-06, § I, 5-9-2006)
(a) All age restricted residential communities shall provide an obligation of 16.65 percent of residential units (rounded to the neat higher number if 0.5 or greater) for affordable housing as said term is defined under the Fair Housing Act (FHA) and the Council on Affordable Housing's (COAH) rules.
(b) Affordable housing compliance mechanisms. The developer of an age restricted residential community may choose to satisfy its affordable housing growth share obligation, as defined above, through the mechanisms permitted in COAH's rules, including, with the advanced written permission of the governing body of South Brunswick Township:
(1) On-site housing production;
(2) Off-site housing production in the township;
(3) The purchase of an existing market-rate home at another location in South Brunswick Township and its conversion to an affordable price-restricted home in accordance with COAH's criteria, regulations and policies;
(4) Participation in gut rehabilitation and/or buy-down/write-down, buy-down/rent-down programs;
(5) Contribution in-lieu of providing affordable housing in connection; and/or
(6) Any other compliance mechanism pursuant to COAH's rules pursuant to N.J.A.C. 5:94 et seq.
Evidence of an approved compliance mechanism shall be produced to the approving board at the time of application filing and shall be a condition of all "completeness" determinations. Thereafter, the satisfaction of the affordable housing compliance mechanism shall be an automatic condition of all approvals that must be satisfied in accordance with COAH's phasing requirements pursuant to N.J.A.C. 5:94 et seq.
(c) Compliance with COAH's rules. The affordable unit(s) to be produced pursuant to subsections (a), (b), and (c) of this section shall be available to a low income individual or household should only one affordable unit be required. Thereafter, each of the units shall be split evenly between low and moderate income individuals and households except in the event of an odd number in which event the unit shall be a low income unit. All affordable units shall strictly comply with COAH's rules and policies including, but not limited to, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, income qualification, etc. It shall be the developer's responsibility, at its cost and expense, to arrange for an administering agency that may either be the South Brunswick Township Affordable Housing Office or some other entity approved by COAH and the township to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH to verify COAH compliance of each affordable unit.
**Webmasters Note: The previous sections, 62-1725(e) through 62-1727(c), have been amended as per Supplement No. 14.
(d) Payments in lieu of construction.
(1) Payments in lieu of the construction of affordable housing shall be based upon a proportionate share of the total project cost embodied in one or more pro-forma statements (pro-forma(s)) for the construction of an affordable housing development elsewhere within the Township of South Brunswick, which pro-forma(s) shall be on file in the office of the township clerk. The payment in lieu of construction to be made by the developer may be subject to negotiation with the township based upon the following considerations: the actual cost of buying down or subsidizing one or more existing or planned market priced dwelling units to achieve an average rent level affordable to a household earning 52.0 percent of median income; the actual land cost of sites) earmarked for off-site affordable housing construction within the Township of South Brunswick; or reasonable and acceptable offers to substitute land, site preparation and/or construction services for all or a portion of the monetary payment otherwise required.
(2) Regardless of the mechanism by which the applicant has been approved to satisfy the required number of affordable housing units pursuant to this section, any development or portion thereof that generates a fraction of an affordable housing unit as all or a portion of the obligation, shall be required to make a payment in lieu of construction for that fraction of a unit based on the pro-rated cost of constructing an affordable housing unit in the Township of South Brunswick. (Ord. No. 14-06, § I, 5-9-2006)
