Denville Township City Zoning Code
ARTICLE XLIX
PARC Planned Age-Restricted Community District
§ 600-313 Intent; compliance with minimum standards.
The PARC Planned Age-Restricted Community District is intended for development as a planned age-restricted community, provided that certain minimum conditional use standards are complied with. Alternatively, the district is intended for single-family residential development in accordance with the standards in the R-1B District.
§ 600-314 Permitted principal uses.
The permitted principal uses in the R-1B District as set forth in § 600-202 shall be permitted in the PARC District.
§ 600-315 Permitted accessory uses.
The following accessory uses shall be permitted in the PARC District:
§ 600-316 Permitted conditional uses.
A planned age-restricted community shall be permitted as a conditional use in the PARC District only if all of the requirements of § 600-199 are complied with.
§ 600-317 Prohibited uses.
§ 600-318 Area, yard and bulk requirements.
The area, yard and bulk requirements in the PARC District shall be as follows:
A.
In the event that the PARC District is developed for any of the permitted principal uses in the R-1B District, the area, yard and bulk requirements shall be the same as the area, yard and bulk requirements in the R-1B District as set forth in § 600-208.
B.
In the event that the PARC District is developed for a planned age-restricted community, the area, yard and bulk requirements for the community shall be as set forth in § 600-199 and as follows. The following requirements shall not be considered to be conditional use requirements, relief from which would require a "d" special reasons variance from the Board of Adjustment:
(1)
Application of area, yard and bulk requirements to individual dwelling lots. In the planned age-restricted community a dwelling unit may or may not be located on an individual lot. Individual lots may be created without regard to area or other bulk requirements, provided that all required setbacks from the tract boundary, from streets and between buildings, shall be complied with. Building coverage, improved coverage and open space requirements shall be calculated only for the entire tract.
(2)
Minimum building setback from tract boundary. All buildings shall be located at least 50 feet from any tract boundary, including any public roadway located along the exterior of the lot or tract, except that a gatehouse may be located within 25 feet of any portion of the tract boundary that abuts a street right-of-way. The gatehouse shall not be located in the right-of-way of any street or road to be dedicated to the Township.
(3)
Minimum building setback from interior streets. All buildings shall be located a minimum of 22 feet from the curbline of any street located within the tract boundaries.
(4)
Minimum distance between principal buildings. In the planned age-restricted community, the following shall be the minimum distance between buildings:
(a)
The front of one building to the front of another building: 75 feet.
(b)
The front of one building to the side of another building: 40 feet.
(c)
The front of one building to the rear of another building: 75 feet.
(d)
The side of one building to the side of another building (other than an attached unit): 20 feet.
(e)
The side of one building to the rear of another building: 40 feet.
(f)
The rear of one building to the rear of another building: 60 feet.
(5)
Buffer areas. The applicant shall maintain a buffer area along the entire tract boundary that shall be no less than 25 feet deep, as regulated by § 600-319E.
(6)
Permitted projections. Chimneys, bay windows, overhangs and other building protrusions shall be permitted to encroach up to four feet, and decks and patios shall be permitted to encroach up to 10 feet within the required setbacks from the tract boundary and within the required areas between buildings. No such projects or encroachments, however, shall be permitted within required buffer areas, and no deck or patio shall be permitted to encroach within the required setback from interior streets.
(7)
Maximum building coverage. The maximum coverage for all buildings on the tract shall be 25%.
(8)
Maximum improved coverage of the tract. The maximum improved coverage by all buildings and man-made improvements on the tract shall be 60%.
(9)
Common open space. At least 25% of the total land area of the tract within the PARC District shall be designed for and devoted to common open space. In computing the 25% requirement, common recreation areas accessory to the residential use and required buffer areas shall be included, as well as the community building and any paved areas or buildings devoted to open space and recreational use. Excluded from the 25% requirement shall be dwelling unit buildings, roadways, parking areas not reserved for the community building and accessory recreational facilities, and any area located within 10 feet of such buildings, roadways and parking areas.
(10)
Maximum building height. Except as provided otherwise by the PARC District regulations, the maximum height of all buildings shall be 2 1/2 stories or 38 feet, whichever is less. In the event that a walkout lower level is provided on the downhill side of a building, such level shall not be considered a story for purposes of administering this requirement. Building height shall be measured for each dwelling unit, and shall be measured from the average finished grade at the base of each unit to the highest elevation of the roof of such unit, exclusive of chimneys, cupolas, antennas, vents, etc.
(11)
Maximum number of dwelling units per building. There shall be no more than six dwelling units within any building.
§ 600-319 Additional requirements for Planned Age-Restricted Community.
In addition to the conditional use requirements set forth in § 600-199 and the area, yard and bulk requirements in § 600-318 above, the following additional requirements shall apply to any planned age-restricted community in the PARC District:
A.
Variation in unit facades and layout. No townhouse structure shall have more than two continuous attached townhouse dwelling units with the same setback, and variations in setback shall be at least two feet. At least two different floor plans shall be offered for all dwelling types. Building floor plans and facade elevations shall be submitted with any development application proposing to construct dwelling units, demonstrating compliance with the foregoing requirements.
B.
Street requirements. The requirements of N.J.A.C. 5:21 et seq. (Residential Site Improvement Standards) shall govern the design of streets.
C.
Off-street parking requirements. Within the planned age-restricted community, parking spaces shall be provided for each dwelling unit in accordance with N.J.A.C. 5:21 et seq. (Residential Site Improvement Standards). In addition, the following requirements shall apply:
(1)
The Planning Board, in its reasonable discretion, may seek to require additional parking for visitors not to exceed a total of 1/4 additional parking space per unit, reasonably distributed throughout the site.
(2)
At least one of the required parking spaces for each dwelling unit shall be located within a garage attached to or located in close proximity to the dwelling unit.
(3)
In addition to parking for dwelling units, parking shall be provided for any indoor or outdoor recreational facilities or areas proposed, in a location reasonably convenient to such facilities or areas, when the users may reasonably be expected to travel by motor vehicle to such facilities or areas.
(4)
No common outdoor parking area shall be located closer than 10 feet to any residential building.
D.
Emergency facilities. Any planned age-restricted community shall be suitably designed to facilitate emergency access by police, firefighting and ambulance service vehicles.
E.
Buffer areas.
(1)
No use or structure shall be permitted within the required buffer area, except for the following, and only when it is demonstrated by the developer that such use and/or structures must be located within the buffer area in order to reasonably accommodate the permitted development. In the event such structures reduce the effectiveness of the required buffer below that intended by this section, the Planning Board may at its discretion require supplemental planting or screening methods within or outside the required buffer area.
(2)
Buffer area depth shall be measured horizontally and at right angles to a lot or street line or the tangent line of a curved lot or street line.
(3)
Within the open space buffer the developer shall maintain a landscaped screen containing mixed deciduous and coniferous trees and scrubs of sufficient density to provide a year-round visual screen.
(4)
Except for existing preserved or transplanted vegetation, evergreen trees shall be a minimum of six feet in height when installed. All deciduous trees shall be 2 1/2 inches in caliper when installed. At least 25% of all deciduous trees shall be of a species native and indigenous to the area. Shrubs used in screen planting shall be at least two feet in height when installed. All plant material, except preserved vegetation or vegetation transplanted from within the tract, shall be nursery stock and shall be free of insects, disease, deformities and damage. Any plant material that does not survive in vigorous condition shall be replaced within one year or one growing season of installation, at the discretion of the Planning Board.
F.
Utility and drainage improvements. The planned age-restricted community shall be served by public water and public sanitary sewerage systems. All utility improvements, including, but not necessarily limited to, storm drainage systems, sanitary sewerage collection and disposal systems, water supply and distribution systems, gas, electric, telephone and cable television utilities shall be subject to review and approval by the Township in accordance with the standards and procedures established at N.J.A.C. 5:21 et seq. (Residential Site Improvement Standards), by the New Jersey Department of Environmental Protection and appropriate county and other state agencies, where applicable. Water supply and distribution facilities shall also be subject to review and approval by the Township Engineer and Fire Department and the Denville Water Department.
G.
Fences and walls. Fences, walls, and retaining walls shall be permitted in required yards, as approved by the Board, provided that no fence or freestanding wall shall exceed six feet in height, unless located in the front yard between a principal building and any street or roadway, in which case no fence or freestanding wall shall exceed four feet in height. Retaining walls may exceed six feet in height, provided that the Planning Board may in appropriate situations require such walls to be terraced and/or landscaping to be planted in front of such walls in order to reduce their visual impact.
H.
Signs. One two-sided project sign shall be permitted. The sign shall be ground mounted and located at least 20 feet from the curbline of any street. The area of each side of the sign shall not exceed 32 square feet. Any lighting of the sign shall be designed to avoid glare. The color, design and material of the sign shall be reflective of the color, design and material of the residential buildings on the site.
I.
Accessibility for persons who are disabled. The development shall be designed in accordance with the applicable standards for accessibility and/or occupancy by persons who are disabled promulgated by the federal government or the State of New Jersey or through their respective departments or agencies having jurisdiction in such matters.
J.
On-tract open space and recreation facilities. The on-tract open space may be designed for active and/or passive recreation. Where appropriate, a system of paths and walks should be arranged to link the various recreation facilities with the residences in the development. Such areas shall be owned in common by the residents of the planned age-restricted community and managed by a homeowners' association in accordance with the provisions of N.J.S.A. 40:55D-43. All open space and recreation areas shall be deed restricted in a manner satisfactory to the Planning Board Attorney. The restrictions shall be sufficient to ensure that the open space and recreation areas will be maintained and preserved for their intended purpose. Covenants or other legal arrangements, including homeowners' association documents, shall specify ownership of the area, method of maintenance; responsibility for maintenance, maintenance taxes, and insurance; compulsory membership and assessment provisions; and guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Planning Board.
K.
Community building. The community shall have a community building that may include, but not be limited to, a kitchen, offices, recreation and social activity rooms, and a multi-purpose room designed for social activities. The following requirements shall apply to the community building facility:
(1)
The height of the community building shall not exceed two stories or 35 feet.
(2)
Twelve parking spaces shall be provided at the community building. Parking for the disabled shall be provided as required by state and federal law.
(3)
No more than 50% of the dwelling units shall receive certificates of occupancy unless and until the community building shall have been completed and open to residents of the community.
L.
Gatehouse. One gatehouse shall be permitted. The height of the gatehouse shall not exceed 18 feet. The gross floor area of the gatehouse shall not exceed 300 square feet. The color, design and material of the gatehouse shall be reflective of the color, design and materials of the residential buildings on the site.
M.
Homeowners' association. The applicant shall establish a homeowners' association for the planned age-restricted community. The association shall own and be responsible for the maintenance, repair and reconstruction of all commonly owned buildings, facilities and lands. At a minimum, all such lands shall include recreational areas, open space, and drainage facilities required by the Planning Board. Notification of the ownership and maintenance responsibilities of the homeowners' association for all recreation, security facilities and undeveloped open space shall be included in the contract of sale and deed of each residence.