The following regulations shall apply in the FSC Flexible Senior Citizen District:
A. Permitted uses.
(1) All uses permitted in the R-80 Residential Zone under § 220-48A.
(2) All uses permitted in the R-60 Residential District under § 220-49A.
(3) Planned adult communities, subject to § 220-76.
B. Uses requiring a conditional use permit, subject to the conditional use procedures as outlined in Article IV of this chapter.
(1) Churches and places of worship.
(2) Hospitals, philanthropic or eleemosynary uses.
(3) Quasi-public buildings and recreation areas.
(4) Commercial swimming pools and swimming clubs.
(5) Home professional offices and home occupations.
The following regulations shall apply in the RSC Senior Citizen Residential District:
A. Permitted uses.
(1) Housing accommodations for senior citizens as defined under § 220-4B. Accommodations shall be in single-family detached dwellings or in clustered townhouses or in a combination of both, provided that no more than 20% of the dwelling units constructed shall contain more than two bedrooms.
B. Dwelling construction controls.
(1) With regard to any single-family detached dwelling that is constructed in this district, the following regulations and provisions shall be applicable:
(a) Minimum lot area: 7,500 square feet.
(b) Minimum lot width, interior lots: 75 feet; minimum lot width, corner lots: 85 feet. [Amended 6-24-1993 by Ord. No. 33-93]
(c) Minimum lot depth: 100 feet.
(d) Minimum lot frontage, interior lots: 75 feet; minimum lot frontage, corner lots: 85 feet. [Amended 6-24-1993 by Ord. No. 33-93]
(e) Minimum front yard setback: 25 feet. [Amended 6-24-1993 by Ord. No. 33-93]
(f) Minimum side yard setback: 10 feet.
(g) Minimum rear yard setback: 30 feet for principal buildings and 20 feet for accessory buildings.
(h) Maximum building height: 35 feet for principal buildings and 15 feet for accessory buildings.
(i) Maximum lot coverage: 32%. [Amended 7-16-1992 by Ord. No. 20-92]
(j) Minimum gross habitable floor area: 1,000 square feet.
(k) Minimum ground floor area for principal building: 750 square feet, excluding areas of attached accessory buildings such as garages.
(2) With regard to any townhouse development that is constructed in this district, the regulations and provisions contained in § 220-66B(1) through (29) inclusive shall be applicable.
C. Uses requiring a special use permit, subject to the provisions of Article IV of this chapter.
(1) Churches and places of worship.
(2) Public utilities.
(3) Hospitals, philanthropic or eleemosynary uses.
(4) Quasi-public buildings and recreation areas.
(5) Home professional offices and home occupations.
D. Buffer area. There shall be provided a densely landscaped buffer area of no less than 60 feet in width between any development constructed in this district and any adjacent residential district. No required rear, front or side yards may be contained in such buffer area. However, this buffer area may contain land set aside as common open space, provided that no recreation facilities other than walkways, nature trails or similar facilities as approved by the Planning Board are included therein. No off-street parking shall be provided in the buffer area herein required.
[Added 12-13-1990 by Ord. No. 63-90; amended 1-24-1991 by Ord. No. 64-90; 7-16-1992 by Ord. No. 20-92; 1-24-1991 by Ord. No. 64-90; 6-24-1993 by Ord. No. 33-93; 3-24-1994 by Ord. No. 6-94; 5-11-2000 by Ord. No. 2000-6; 9-8-2005 by Ord. No. 2005-31]
The following regulations shall apply in the RSCS Senior Citizen Residential District:
A. Permitted uses.
(1) Housing accommodations for senior citizens as defined under § 220-4B and as set forth under § 220-64B(1) and (2). However, the minimum gross acreage of a tract or parcel of land proposed for the development as a senior citizen project must be 40 contiguous acres. This requirement shall only pertain to senior citizen projects and not to other permitted uses in this zone. The acreage allotments specified in this section shall only apply to contiguous tracts or parcels located within this zone; no developer shall be permitted to satisfy the acreage requirements by combining two or more noncontiguous tracts or parcels. For the purposes of this subsection, two tracts or parcels of land shall be noncontiguous if they are separated by a public roadway or street.
(a) The proposed project must be serviced by a public sewer and water utility system.
(2) Those tracts or parcels of less than 40 contiguous acres may be developed as a senior citizen project in accordance with § 220-64B(1) and (2), provided that they contain a minimum gross acreage of 10 acres. In addition, the minimum lot area shall be 10,000 square feet under this provision.
(a) The proposed project must be serviced by a public sewer and water utility system.
(3) All existing conforming uses of the prior zoning district, namely, the R-60 Residential District or the LC Land Conservation District, at the time of passage of this section.
(4) Senior citizen light-care centers as set forth in Subsection C of this zoning section.
(5) Nursing homes as a conditional use subject to Article IV.
B. Dwelling construction controls.
(1) A clubhouse and recreational facilities shall be provided for every senior citizen project as follows:
(a) A clubhouse at a ratio of 12 square feet per dwelling unit, however, a minimum building of 5,000 square feet shall be provided.
(b) Outdoor recreational facilities of the following types with final determination to be made by the Planning Board:
[1] Tennis court.
[2] Shuffleboard court.
[3] Similar facilities submitted by the applicant.
C. Senior citizen light-care centers. Recognizing the need for senior citizen housing which provides more comprehensive facilities for senior citizens who require a more organized program of support services as an alternative to planned retirement communities, senior citizen light-care centers are permitted in the RSCS Zone subject to the following conditions:
(1) Definition of a senior citizen light-care center. A "senior citizen light-care center," hereinafter referred to as an "LCC," is defined as an undivided parcel of land having a contiguous total acreage of at least 25 acres and developed as an integrated system of congregate housing units supported by common management or control through which support functions such as recreation, entertainment, meals, linen and cleaning services and other types of services are provided and made available to the permanent residents of the LCC. Ownership of the residential units may be in any form recognized under the laws of the State of New Jersey.
(2) Uses required and permitted.
(a) Attached single-family dwelling units within the same building, hereinafter referred to as a multiple dwelling, but no more than 16 such units in any one building; and/or
(b) Senior citizen recreational and cultural facilities for the sole use of the residents of the LCC and their guests, including the following: recreation building, including common dining facilities, infirmary facility and commercial convenience center (the "recreation building"), shuffleboard courts and active and passive recreation area. Recreational and cultural facilities shall not be limited to the foregoing, so that an applicant may propose additional facilities with its submission for a conditional use permit. All such facilities shall be subordinated to the residential character of the area.
(3) Age of residents. The permanent residents of said LCC shall be restricted to residents who are at least 55 years of age or over or, in the case of a family unit, at least one of whom is 55 years of age or over; provided, however, that no child 19 years of age or under may reside with an occupant.
(4) Design criteria.
(a) Minimum tract size: 25 acres.
(b) The maximum density for an LCC shall be eight units per gross acre; provided, however, that there shall be aggregate open space maintained by an LCC of not less than 50% of the gross area of the tract on which the LCC is developed.
(c) Minimum setback distance: 75 feet from all existing state and county major arterial roads.
(d) Minimum setback distances from all other existing public roads maintained by the Township of Marlboro shall be as follows:
[1] The minimum front yard setback shall be 50 feet.
[2] The minimum side yard setback shall be 50 feet.
[3] The minimum rear yard setback shall be 50 feet.
(e) Minimum setback distances from all private streets to be constructed and installed as part of the LCC shall be as follows:
[1] The minimum front yard setback shall be 25 feet.
[2] The minimum side yard setback shall be 20 feet.
[3] The minimum rear yard setback shall be 30 feet.
(f) For purposes of this section, the term "private street" shall mean any internal street designed and installed as part of the LCC whose purpose is to provide access between buildings and facilities of the LCC and ingress and egress to and from the LCC, which streets shall be owned and maintained by the owner and management of the LCC and not be dedicated to public use. All internal streets of the LCC shall be private streets.
(g) Minimum width of any LCC unit: 16 feet.
(h) Minimum floor area per unit: 400 square feet. Any unit comprised of 600 square feet or less shall be limited to one permanent resident; provided, however, that not more than 25% of the total number of units approved in an LCC shall be comprised of less than 600 square feet of floor area.
(i) Maximum floor area per unit: 1,200 square feet.
(k) Maximum number of stories: 2 1/2. If two stories are proposed, the buildings comprising the LCC shall contain full-service elevators and be of barrier-free design.
(l) Minimum number of units per building: eight.
(m) Maximum number of units per building: 16.
(n) The minimum distances between buildings shall be as follows:
[1] For multifamily buildings oriented essentially at 90 to each other, the minimum distance between the same shall be 20 feet minimum.
[2] For multifamily buildings oriented essentially end-to-end to each other, the minimum distance between the same shall be 25 feet minimum.
(o) No exterior wall of any multifamily building shall contain more than 60 feet in one linear plane.
(p) No portion of any unit shall be lower than the outside finished grade. No depressed siting shall be permitted.
(q) All areas of an LCC not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be either landscaped, grassed or left with natural vegetation preexisting development at the site.
(r) The LCC shall be serviced by a central water system and central sanitary sewage system approved by the Marlboro Township Municipal Utilities Authority.
(s) Buffer areas for an LCC shall be provided as follows:
[1] There shall be provided a fifty-foot buffer area when the LCC abuts a nonresidential zone or use or a state highway. This fifty-foot buffer area shall not be used in computing any setbacks but may be used for the drainage system of LCC.
[2] There shall be provided a thirty-foot buffer area when the LCC abuts a residential zone or use or a county or municipal arterial road. This thirty-foot buffer area may be used in computing required setbacks.
(t) All on-site and off-site drainage shall be provided for in accordance with the Township Master Storm Drainage Plan and applicable Township ordinances pertaining to subdivision of lands.
(u) The primary or main entrance to the LCC shall be located on a major arterial road.
(v) All identification signs, entrance signs and traffic control signs shall be designed to be aesthetically compatible with the design of the LCC and shall be shown on the site plan submitted to the Planning Board.
(w) The LCC shall include a system of walking trails of an aggregate linear length of not less than 2,000 feet and shall be cleared and graded to facilitate pedestrian passage by elderly persons.
(x) The LCC shall provide for security guard service, smoke and fire alarms, and an emergency signaling system to which all units are connected to a central monitoring location.
(5) Recreation building. The recreation building shall contain provisions for the following:
(a) An area of not less than 150 square feet which shall be used as a commercial convenience center for the exclusive benefit of the residents of the LCC for purchase of personal hygiene aids, sundries and reading materials.
(b) All-purpose rooms (exclusive of areas set aside for dining) which in the aggregate shall comprise not less than three square feet per unit contained in the LCC.
(c) Dining areas and facilities sized to accommodate not less than 1/3 of the total number of residents of the LCC at one time utilizing an area ratio of not less than 10 square feet per person.
(d) An area of not less than 200 square feet which shall be used as an infirmary for the benefit of the residents of the LCC for dispensing nonprescription medicines and oxygen and providing emergency services and shall be staffed by a licensed practical nurse.
(e) A storage area adequately sized for storage of maintenance equipment and supplies necessary for the operation and maintenance of the LCC. If more than one storage area is proposed to be provided, any additional storage areas may be located within the LCC other than in the recreation building.
(f) The recreation building shall have a separate parking area with a capacity equal to one vehicle for every eight units in the LCC; provided, however, that the requirement may be waived by the approving agency where the applicant proposes, as part of the LCC, to provide an adequate system of covered walkways and internal transportation between residential buildings and the recreation building.
(g) The recreation building may be constructed in stages, provided that:
[1] Adequate interim facilities are provided for dining in accordance with Subsection C(4)(w) and (5)(c); and
[2] The recreation building is completed for occupancy not later than the date upon which a certificate of occupancy is issued for the 100th unit in the LCC.
(h) In the event that a unit-owners' association is created by the owner of the LCC for the management and operation of the LCC, the recreation building and any other recreational facilities shall be conveyed to such association, upon commencement of management and operation of the LCC by said association.
(6) Off-street parking requirements.
(a) There shall be one parking space provided for every unit in an LCC for residential parking.
(b) In addition to the residential parking provided pursuant to Subsection C(5), there shall be one parking space provided for every three units in an LCC for guest and employee parking.
(c) Off-street parking areas shall be provided on the site sufficient to provide storage or parking for the number of vehicles required pursuant to Subsection C(5) and shall be developed and maintained in accordance with the following:
[1] Parking areas shall be used for automobile parking only with no sale of automobiles, dead storage of automobiles, repair work, dismantling or services of any kind.
[2] Parking areas shall be paved and provided with an adequate system of stormwater drainage.
[3] No off-street parking areas shall be located nearer than 25 feet from any adjoining property line.
(7) Landscaping and buffer requirements. All areas of an LCC not used for the construction of buildings, recreation facilities, roads, accessways, drainage or detention facilities, parking areas or sidewalks shall be landscaped, grassed or left with natural vegetation. Where an LCC boundary line abuts a lot in a residential zone, which lot is not owned by the developer, there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other planting within the area of 25 feet inside the boundary line of the LCC abutting a residential lot, except where necessary to provide a minimum cleared area of 10 feet from any building in the LCC. If no adequate trees, shrubs or planting exist in the twenty-five-foot area in the natural state of the site before development, the area shall be provided with an adequate approved planting plan to provide a belt of screening within the twenty-five-foot area consisting of at least a double row of staggered evergreens, five feet on center and at least four feet in height.
(8) Document submission. In conjunction with any application for a site plan approval for an LCC pursuant to this section, the applicant shall submit a copy of the proposed declaration of restrictive and protective covenants implementing the provisions of § 220-65 of this chapter to be recorded by the applicant as an encumbrance upon the site of the LCC to the Planning Board for review.
(9) No municipal responsibility for operations. Neither the provisions of this § 220-65, nor the granting of a conditional use permit, subdivision or site plan approval for an LCC shall be deemed to render the Township liable or responsible for the interpretation or enforcement of any agreement between the applicant, owner or operator of an LCC and any resident(s) thereof; or the review, supervision or control of the operation of an LCC or any phase thereof; nor the supplying of any services of any kind involving utilities; except that the Township shall retain the right to enforce terms and provisions of this chapter and any other ordinances of the Township of Marlboro having jurisdiction thereover.
(10) Emergency services review. As part of the application for a conditional use permit for an LCC under this section, the applicant shall submit a full copy of such application for review and comment to the Fire Department serving the area in which the LCC is proposed to be located and the Marlboro First Aid Squad. Said entities shall be required to submit a report on the application to the approving agency prior to the hearing.
D. Grandfathering clause. The requirements of Ordinance 2005-31 shall not apply to any property that is in full compliance with the requirements of the RSCS Senior Citizen Residential and Single-Family District and any other applicable state and Township laws and requirements, provided that said property will not be further subdivided. Should an application to subdivide be made to the Township, the property owner will then be required to meet the current zoning standards established for the RSCS Senior Citizen Residential and Single-Family District, including the requirements established by Ordinance 2005-31. [Added 9-20-2007 by Ord. No. 2007-20]
