[Added 4-23-2013 by Ord. No. O-13-15]
Purpose: The PAC-3 Planned Adult Community Zone is established in accordance with a settlement agreement in the matter of Land Bank-Freehold, Inc., v. the Township of Freehold Docket No.: MON-L-6026-08 of the Superior Court of New Jersey Law Division: Monmouth County.
The PAC-3 Zone shall permit only age-restricted housing units consisting of single-family detached, duplex, attached single-family and multifamily attached housing units and community amenities as provided for herein, subject to the following standards and requirements:
A. General tract requirements.
(1) The minimum gross tract area for a planned adult community shall be 33 acres.
(2) The maximum gross density for the residentially zoned PAC-3 tract area is 6.0 dwelling units per acre.
(3) The development shall be serviced by public water supply and public sanitary sewer facilities.
(4) The development shall have primary access and egress from U.S. Route 9. Such access may be supplemented by one or more controlled and limited emergency accessways from U.S. Route 9.
(5) Not more than 25% of the entire tract shall be covered by buildings.
(6) Not more than 40% of the entire tract shall be covered by impervious surface.
(7) Residential units shall be age-restricted in accordance with the requirements of this section.
B. Permitted uses:
(1) Single-family detached age-restricted housing units.
(2) Single-family attached age-restricted housing units.
(3) Duplex age-restricted housing units.
(4) Multifamily age-restricted housing units.
(5) Recreation buildings and facilities for residents of the PAC.
(6) Maintenance building and equipment storage yard for PAC-related services.
C. Single-family detached lot requirements. Single-family lots shall conform to the following requirements:
(1) Minimum lot area: 5,500 square feet.
(2) Minimum lot frontage: 55 feet; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
(3) Minimum lot width: 55 feet at the front building setback line.
(4) Minimum lot depth: 100 feet.
(5) Minimum front yard setback: 20 feet.
(6) Minimum side yard: seven feet; driveways shall have a minimum side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.
(7) Minimum rear yard: 20 feet.
(8) Maximum building height: 30 feet and two stories.
(10) Decks/patios: same as principal structures, except rear yard setback: 10 feet. Sheds are permitted to be not greater than 80 square feet.
(11) Single-family detached housing unit lots abutting existing residential housing units shall provide a twenty-five-foot planted buffer area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer and screening area to be maintained by the homeowners' association and/or property owner. The planted buffer area may be a separate lot or lots. If attached to the single-family detached housing lot, the affected lots shall be a minimum of 125 feet in depth, of which 25 feet shall be deed restricted.
D. Single-family attached and duplex housing unit lot requirements. Single-family attached and duplex housing unit lots shall conform to the following requirements:
(1) Minimum combined lot area: 9,000 square feet.
(2) Minimum lot frontage: 90 feet for combined housing units and 45 feet for individual housing units; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
(3) Minimum lot width: 90 feet for combined and 45 feet for individual housing units at the front building setback line.
(4) Minimum lot depth: 100 feet.
(5) Minimum front yard setback: 20 feet.
(6) Minimum side yard: seven feet; driveways shall have a minimum side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line. Attached and duplex housing unit lots shall have a zero-foot shared lot line between the combined units.
(7) Minimum rear yard: 20 feet.
(8) Maximum building height: 35 feet and 2 1/2 stories.
(10) Decks/patios: same as principal structures, except rear yard setback: 10 feet.
(11) Sheds are permitted to be not greater than 80 square feet.
(12) Single-family attached and duplex housing unit lots abutting existing residential housing units shall provide a twenty-five-foot planted buffer area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer and screening area to be maintained by the homeowners' association and/or property owner. The planted buffer area may be a separate lot or lots. If attached to the single-family detached housing lot, the affected lots shall be a minimum of 125 feet in depth, of which 25 feet shall be deed restricted.
E. Multifamily building requirements. Multifamily buildings shall conform to the following schedule:
(1) There shall be no more than six dwelling units in one building or structure.
(2) No single building or structure shall exceed 210 feet in length along a linear plane.
(3) Setback requirements:
(a) Side to side: 15 feet.
(b) Side to front: 15 feet.
(c) Rear to rear: 25 feet.
(d) Corner to corner: 20 feet.
(e) Building to roadway: 15 feet.
(f) Building to parking area: 10 feet.
(g) Building to boundary of tract: 50 feet, except abutting existing single-family residential development, where a minimum of 75 feet shall be required.
(4) Maximum building height: 40 feet and three stories, except buildings abutting existing single-family residential development, where a maximum of 35 feet and two stories shall be permitted.
(5) Multifamily housing unit buildings abutting existing residential housing units shall provide a fifty-foot planted buffer/screening area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer and the planted buffer/screening area to be maintained by the condominium homeowners' association or by the apartment owner/management company as applicable. The planted buffer area may be a separate lot or lots. The buildings in affected portions of the site plan abutting existing single-family residential uses shall be a minimum of 75 feet from the adjacent residential boundary, of which 25 feet shall be planted or visually screened from the adjacent single-family-home residential area.
F. Recreation and common elements. A planned adult community shall provide developed and undeveloped open space and common recreational and community facilities for the exclusive use of its residents, in accordance with the following standards:
(1) Not less than 25% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained by a homeowners' association or, if rental units, by the apartment owner/management company. The common open space may include man-made ponds. All critical areas on the site, including wetlands, wetland transitional areas, floodplains and the like, shall be encompassed within the common open space provided.
(2) There shall be not less than 10 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building or buildings shall have a minimum total floor area of at least 3,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the development residents. This facility or facilities may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, kitchen, social hall, rooms providing support facilities for outdoor recreation facilities or other similar facilities, as required to meet the needs of persons 55 years of age and older. The building(s) shall not exceed two stories or 35 feet in height. The building(s) shall meet the required off-street parking standards in accordance with this chapter.
(3) Within the common open space, facilities shall be included for outdoor recreational use. These facilities shall include, as a minimum, a tennis court or a Bocce court and an in-ground swimming pool and their related improvements, such as parking, lighting and ancillary buildings, and may also include, by way of illustration and not limitation, picnic areas, walking, jogging and bicycle paths, shuffleboard and horseshoe courts and similar types of facilities.
(4) The community clubhouse shall be operational on or prior to the issuance of certificates of occupancy for 50% of the approved residential units.
(5) A homeowners' association administrative area within the community clubhouse or within a separate building shall be permitted.
(6) A community maintenance and storage facilities shall be permitted. Such facilities shall be landscaped. Outdoor storage areas shall be fenced and visually screened with trees and shrubs.
(7) Perimeter setback requirements. No buildings or structures, other than roadways, access drives, walking, jogging and bicycle paths, walkways, entrance gatehouses, walls, fences, drainage facilities, utility structures and residential decks and/or patios with at least one wall contiguous with the principal building shall be located within 50 feet of any exterior tract boundary, and the outer 20 feet of the perimeter setback shall be designated as a landscape/conservation easement. Where the outer 20 feet of the nonroadway perimeter setback is landscaped with deciduous trees, evergreen trees and evergreen shrubs to effectively create a landscape visual screen/buffer to the adjoining properties, the fifty-foot perimeter setback may be reduced to 40 feet. If the contiguous property along the nonroadway perimeter boundary line is an environmentally sensitive area containing freshwater wetlands, streams, ponds, or floodplains that are deed restricted for conservation or open space purposes, the perimeter setback may be reduced one foot for every two feet of restricted area on the contiguous property; provided, however, that setback shall not be less than the required rear yard setback.
G. Affordable housing units. Approval of a planned adult community shall be conditioned upon the provision of a twenty-percent inclusionary component of affordable low- and moderate-income housing units to be located on site. The development shall provide a minimum of 50% low-income and a maximum of 50% moderate-income housing units. Affordable housing units shall be distributed equitably throughout the development in accordance with the following:
(1) When the PAC-3 is composed of one type of multifamily housing throughout the development, the affordable housing units shall be distributed equitably throughout the entire development.
(2) When the PAC-3 is composed of a mix of single-family and multifamily housing, the affordable housing units may be located within the multifamily housing building, provided that not more than 40% of any one building shall contain affordable housing units.
(3) When the PAC-3 is composed of single-family detached dwelling units, the developer may request that affordable housing units be located within single-family attached or duplex buildings comprising not more than two units. Such units shall be distributed equitably throughout the development.
H. An application for a PAC-3 development shall include a plan showing the location and type of affordable housing units, including whether such housing unit is a low-income or moderate-income housing unit.
I. Deed restrictions. Approval of a planned adult community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to:
(1) Ensure that the age-restricted units qualify as "55 or over housing" within the meaning of the Federal Fair Housing Act. The age-restrictive covenants shall be subject to review by the Township Attorney.
(2) Garages shall not be converted to habitable space.
J. Solar facilities. Rooftop solar facilities shall be permitted and shall conform with the requirements of Chapter 153, Laws of 2007, and Chapter 33, Laws of 2009, pertaining to provision of solar facilities for residential developments, or other such state-wide standards as may be applicable at the time of the application for development.
K. Sidewalks. Sidewalks shall be provided along U.S. Route 9. A sidewalk system within the PAC development shall be designed to interconnect residential housing units with internal recreation and other PAC community service facilities. The sidewalk system shall also provide access to the commercial/office development along the frontage of U.S. Route 9.
L. Other ordinances. In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other subsections, the provisions and requirements of this section shall govern.
[Added 12-22-2015 by Ord. No. O-15-24]
Purpose: The Planned Adult Community-4 PAC-4 Zone is designed to permit a planned adult, age-restricted development consisting of single-family detached housing units and community amenities as provided herein, subject to the following standards and requirements:
A. General tract requirements.
(1) The minimum gross tract area for a planned adult community shall be 40 acres.
(2) The maximum gross density for the residentially zoned PAC-4 tract area is 3.0 dwelling units per acre.
(3) The development shall be serviced by public water supply and public sanitary sewer facilities.
(4) The development shall have primary access and egress in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).
(5) Residential units shall be age restricted in accordance with the requirements of this section.
(6) Not more than 20% of the entire tract shall be covered by buildings.
(7) Not more than 40% of the entire tract shall be covered by impervious surface.
B. Permitted uses:
(1) Single-family detached age-restricted housing units.
(2) Attached single-family and duplex age-restricted affordable housing units.
(3) Recreation buildings and facilities for residents of the PAC-4.
(4) Maintenance building and equipment storage yard for PAC-4 related services, including pump stations.
C. Single-family detached lot requirements. Single-family lots shall conform to the following requirements:
(1) Minimum lot area: 6,600 square feet.
(2) Minimum lot frontage: 55 feet; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
(3) Minimum lot width: 55 feet at the front building setback line.
(4) Minimum lot depth: 120 feet.
(5) Minimum front yard setback: 20 feet.
(6) Minimum side yard: seven feet; driveways shall have a minimum side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.
(7) Minimum rear yard: 20 feet unencumbered by deed-restricted conservation or planted buffer.
(8) Maximum building height: 30 feet and two stories.
(10) Decks/patios: same as principal structures, except rear yard setback: 10 feet.
(11) Single-family detached housing unit lots abutting existing off-tract residential housing units shall provide a twenty-five-foot planted buffer area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer, and the screening area shall be maintained by the homeowners' association and/or property owner. The planted buffer area may be a separate lot or lots. If included within single-family lots, the affected lots shall be a minimum of 125 feet in depth, of which 25 feet shall be deed restricted as a planted buffer.
D. Single-family attached and duplex housing unit lot requirements for affordable housing units. Single-family attached and duplex affordable housing unit lots shall conform to the following requirements:
(1) Minimum combined lot area: 9,000 square feet.
(2) Minimum lot frontage: 90 feet for combined housing units and 45 feet for individual housing units; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
(3) Minimum lot width: 90 feet for combined and 45 feet for individual housing units at the front building setback line.
(4) Minimum lot depth: 100 feet.
(5) Minimum front yard setback: 20 feet.
(6) Minimum side yard: seven feet; driveways shall have a minimum side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line. Attached and duplex housing unit lots shall have a zero-foot shared lot line between the combined units.
(7) Minimum rear yard: 20 feet.
(8) Maximum building height: 35 feet and 2 1/2 stories.
(10) Decks/patios: same as principal structures except rear yard setback: 10 feet.
(11) Single-family attached and duplex housing unit lots abutting existing residential housing units shall provide a twenty-five-foot planted buffer area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer and screening area to be maintained by the homeowners' association and/or property owner. The planted buffer area may be a separate lot or lots. If attached to the single-family detached housing lot, the affected lots shall be a minimum of 125 feet in depth, of which 25 feet shall be deed restricted.
E. Recreation and common elements. A planned adult community shall provide developed and undeveloped open space and common recreational and community facilities for the exclusive use of its residents, in accordance with the following standards:
(1) Not less than 25% of the gross tract area shall be devoted to common open space. Common open space shall be deed restricted or owned by and shall be maintained by a homeowners' association. The common open space may include man-made ponds and existing ponds. All critical areas on the site, including freshwater wetlands, wetland transition areas, floodplains and slopes of 15% or greater shall be encompassed within either designated common open space areas or subject to a conservation easement preserving the critical area.
(2) There shall be not less than 15 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building or buildings shall have a minimum total floor area of at least 3,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the development residents. The facility or facilities may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, kitchen, social hall and rooms providing support facilities for outdoor recreation facilities or other similar facilities to meet the needs of adult residents. The community or clubhouse building(s) shall not exceed two stories or 35 feet in height. The building(s) shall meet the required off-street parking standard of one space per 350 square feet.
(3) Within the common open space, facilities shall be included for outdoor recreational use. These facilities may include, as a minimum, a tennis court or a Bocce court and an in-ground swimming pool and their related improvements, such as parking, lighting and ancillary buildings, and may also include, by way of illustration and not limitation, picnic areas, walking, jogging and bicycle paths, shuffleboard and horseshoe courts and similar types of facilities.
(4) The community clubhouse shall be operational on or prior to the issuance of certificates of occupancy for 50% of the approved residential units.
(5) A homeowners' association administrative area and sales office within the community clubhouse or within a separate building shall be permitted.
(6) Community maintenance and storage facilities shall be permitted. Such facilities shall be landscaped. Outdoor storage areas shall be fenced and visually screened with trees and shrubs.
(7) Sidewalks. A sidewalk system within the PAC-4 development shall be provided and designed to interconnect residential housing units with internal recreation and other on-site community service facilities. The sidewalk system shall also provide access to the frontage of NJSH Route 33.
(8) Perimeter setback requirements. No buildings or structures, other than roadways, access drives, entrance sign, walking, jogging and bicycle paths, walkways, entrance gatehouses, walls, fences, drainage facilities, utility structures and residential decks and/or patios with at least one wall contiguous with the principal building shall be located within 50 feet of any exterior tract boundary, except when the lot fronts on a cul-de-sac bulb or eyebrow bulb, the setback may be reduced to 25 feet. The outer 20 feet of the perimeter setback shall be designated as a landscape/conservation easement and may be included within the single lot area. Where the outer 20 feet of the nonroadway perimeter setback is existing preserved landscaping or is landscaped with deciduous trees, evergreen trees and evergreen shrubs to effectively create a landscape visual screen/buffer to the adjoining properties, the fifty-foot perimeter setback may be reduced to 40 feet. If the contiguous property along the nonroadway perimeter boundary line is an environmentally sensitive area containing freshwater wetlands, streams, ponds, or floodplains that are deed restricted for conservation or open space purposes, the perimeter setback may be reduced one foot for every two feet of restricted area on the contiguous property; provided, however, that setback shall not be less than the required rear yard setback.
F. Deed restrictions. Approval of a PAC-4 planned adult community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to:
(1) Ensure that the age-restricted units qualify as "55 or over housing" within the meaning of the Federal Fair Housing Act. The age-restrictive covenants shall be subject to review by the Township Attorney.
(2) Garages shall not be converted to habitable space.
G. Solar facilities. Rooftop solar facilities shall be permitted and shall conform to the requirements of N.J.S.A. 45:22A-48.2 and N.J.S.A. 52:27D-141.1 et seq., pertaining to provision of solar facilities for residential developments, or other such state-wide solar or alternative energy standards as may be applicable at the time of the application for development.
H. On-site affordable housing units. Approval of a planned adult community shall be conditioned upon the provision of an inclusionary component of 15% affordable low- and moderate-income housing units to be located on site or off site as set forth above and/or in accordance with affordable housing requirements in effect through regulations adopted by the New Jersey Council on Affordable Housing (COAH), regulations established by statutory provisions and/or in accordance with a housing plan and affordable housing regulations approved by order of the Superior Court. On-site affordable housing development shall provide a minimum of 50% low-income and a maximum of 50% moderate-income housing units. Affordable housing units built on site shall be distributed equitably throughout the development. The developer may request that affordable housing units be located within single-family attached buildings comprising not more than two housing units. Such units shall be designed to be similar architecturally and compatible with nonaffordable housing units and shall be distributed equitably throughout the development. On-site affordable housing units shall be shown on a plan clearly identifying the location and type of on-site affordable housing units, including whether such housing unit is a low-income or moderate-income housing unit.
I. Off-tract affordable housing.
(1) A developer of age-restricted housing units may satisfy all or a portion of the applicable affordable housing obligation for the development through the purchase of an existing off-tract market-rate housing units at another location in Freehold Township and the conversion of such units to deed-restricted low- and moderate-income housing units in accordance with all of the relevant criteria set forth in the New Jersey Department of Community Affairs Uniform Housing Affordability Controls (U.H.A.C.) at N.J.A.C. 5:80-26.1 et seq. criteria, and all other regulations and policies controlling the creditworthiness of such units on the effective date of the final site plan approval. Such conversion can be accomplished through reconstruction, and/or a "buy-down/write-down program" controlling the creditworthiness of such units against the Township affordable housing obligation, provided that any affordable housing units so provided are deemed creditworthy against the Township obligation to provide additional affordable housing by a court of competent jurisdiction or by a state agency designated by law to do so. Any development in a planned adult community shall be in accordance with all applicable elements of applicable current laws, including, but not limited to, requirements regarding a phasing schedule, controls on affordability, low/moderate-income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution and affirmative marketing. An applicant shall only be entitled to satisfy its affordable housing obligation via one or more of the alternative off-tract mechanisms set forth above if the applicant first secures the written authorization of the Township Committee.
(2) Before the execution of the final subdivision plat, the developer must submit to the Township of Freehold its plan as to the manner in which alternative mechanism(s) will be used to achieve the creation of the off-tract affordable residential units. The developer's proposal shall be in accordance with court. COAH or other designated state agency and New Jersey Department of Community Affairs Uniform Housing Affordability Controls (U.H.A.C.) at N.J.A.C. 5:80-26.1 et seq. criteria, regulations and policies or participation.
(3) If the developer elects to provide affordable housing units off tract, certificates of occupancy for such housing units shall be issued within 10 years from the date of an approved developer's agreement.
(4) The developer shall enter into a developer's agreement with the Township of Freehold and the Township Planning Board and shall post a performance bond or letter of credit as a guaranty for the provision of the off-tract affordable units off tract. The bond or letter of credit shall be posted prior to the recording of the subdivision plat or site plan for the development.
(5) Full and complete satisfaction of all relevant affordable housing requirements of the development shall be a specific, automatic, essential and nonseverable condition of the land use approvals. Pursuant to this condition, the developer must demonstrate that it has satisfied the Planning or Zoning Board conditions of approval for affordable housing prior to obtaining the first building permit, and compliance with the affordable housing requirements shall be a continuing condition of all Planning or Zoning Board approvals for the development.
J. Other ordinances. In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other subsections, the provisions and requirements of this section shall govern.
