Montgomery City Zoning Code
§ 16-4.13
ARH Age-Restricted Housing District.
[Ord. #98-933, S 4; Ord. #01-1048, S 3; Ord. #03-1123, S 1; Ord. #04-1170, S 11; Ord. #12-1418, S 12]
a.
Principal Permitted Uses on Land and in Buildings.
1.
A mixed-use, age-restricted housing development on tracts of land at least 100 acres in size which is planned, approved and constructed as a single entity and which consists of the following:
(a)
Age-restricted detached single-family and patio home dwelling units, provided that the gross acreage devoted to the age-restricted detached single-family and patio home dwelling units within the mixed-use, age-restricted housing development shall not exceed 125 acres of land at a maximum density of 1.8 dwelling units per acre of said land, rounded downward to the nearest whole number, provided that no more than 218 dwelling units are developed:
(b)
An assisted living facility, provided that the gross acreage devoted to the assisted living facility within the mixed-use, age-restricted housing development shall not exceed 5 1/2 acres of land with a maximum of 120 beds; and
(c)
Professional offices, provided that the gross acreage devoted to the professional offices within the mixed-use, age-restricted housing development shall not exceed 4 1/2 acres of land with a maximum floor area ratio (F.A.R.) of 0.175, provided that no single building shall exceed 15,000 gross square feet in area.
2.
Public parks, conservation areas, open space, common space and public purpose uses.
3.
Detached single-family dwelling units and farms existing prior to the adoption of this subsection in accordance with the R-2 zoning district provisions, except that the minimum lot size shall be six acres.
b.
Accessory Uses Permitted.
1.
Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Planning Board within the specified open space in order to satisfy the needs of the residential population within the development (see Subsection 16-4.13i hereinbelow for recommended guidelines).
2.
Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.
3.
Underground sprinkler systems within the specified open space and within individual lots, provided that the water spray does not extend beyond the open space area or beyond the property lines of an individual lot, as the case may be.
4.
Fences and walls in accordance with the design provisions specified in Subsection 16-5.3 of this chapter, provided that no fence or wall shall be permitted in the front yard areas of an individual lot developed with an age-restricted single-family or patio home dwelling unit and provided further that no fence or wall shall be permitted on an individual lot developed with an age-restricted single-family or patio home dwelling unit unless a standard for such fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the Homeowners' Association documents.
5.
Patios and decks in the side or rear yard areas of single-family dwelling units, provided that no patio or deck shall be permitted on an individual lot developed with an age-restricted single-family or patio home dwelling unit unless a standard for such patios and/or decks has been approved by the Planning Board as part of the site plan approval and has been included in the Homeowners' Association documents.
8.
Home offices in age-restricted single-family dwelling units, provided that the office area shall be an integrated part of the principal dwelling unit without direct access to the outside; that no supplies, furnishings or products shall be stored on site, except necessary office records and papers, and that Subsections 16-6.7h and 16-6.7i1 of this chapter are met.
c.
Maximum Building Height.
1.
No age-restricted detached single-family or patio home dwelling unit shall exceed 32 feet in height and 2 1/2 stories, except as follows:
2.
No other principal building, including any office building, assisted living building or any recreation center building or clubhouse provided for the residential population of the age-restricted housing development, shall exceed 35 feet in height and 2 1/2 stories, except the following appurtenances may be erected not more than five feet above the actual height of a building:
(a)
Penthouses or other roof structures for the housing of stairways, tanks, bulkheads, ventilating fans, air conditioning equipment and similar equipment required to operate and maintain the building;
(b)
Skylights, spires, cupolas, flagpoles, and similar structures associated with the building; and
(c)
Parapets used to screen the roof-mounted structures and equipment.
3.
No accessory building shall exceed 15 feet in height and 1 1/2 stories, except for existing accessory farm buildings.
d.
Area, Yard and Distance Requirements For Permitted Uses in a Mixed-Use, Age-Restricted Housing Development.
1.
Detached Single-Family and Patio Home Dwelling Units.
Detached Single-Family Dwelling Units | Patio Home Dwelling Units | |
|---|---|---|
Principal Building Minimum | ||
Lot area [1] | 6,500 square feet | 5,000 square feet |
Lot frontage | 60' | 50' |
Lot width | 60' | 50' |
Lot depth | 100' | 90' |
Side yard (each) | 5/10' [2] [3] | 7.5' [2] [3] |
Front yard | 20' [4] | 20' [4] |
Rear yard | 25' [3] | 20' [3] |
Accessory Structure Minimum | ||
Distance to side line | 5' | 5' |
Distance to rear line | 10' | 10' |
Distance to other building | 5' | 5' |
Maximum | ||
Total building coverage | 45% | 50% |
F.A.R. | 0.50 | 0.55 |
Lot coverage | 55% | 60% |
Footnotes to Subsection 16-4.13d1: | ||
|---|---|---|
[1] | The minimum required lot area shall not include any freshwater wetlands, wetlands transition areas, 100-year flood plains, lands with topographic slopes 15% or greater in grade except for isolated, noncontiguous steep sloped areas to be regraded, and lands within the required stream corridor | |
[2] | Dwelling units on adjacent lots shall be separated by a distance of at least 15 feet, such distance measured between foundation walls, but excluding any design elements permitted in accordance with footnote [3] hereinbelow, except where 2 attached patio home dwelling units are constructed along a common lot line. | |
[3] | Design elements and decks as described hereinbelow may extend not more than 3 feet into the minimum required yard area, provided that the extensions will only be permitted when privacy walls, landscaped screening and/or fencing is incorporated as part of the overall design of the dwelling unit or where the subject yard abuts a major open space area at least 100 feet wide along the entire length of the subject lot line. | |
First Floor Design Elements: Chimneys, window elements, eaves, entranceway elements and similar architectural and foundation projections as approved by the Planning Board, provided that the total length of such extensions is no more than 45% of the linear distance of the subject foundation wall. | ||
Second Floor Design Elements: Chimneys, eaves, bays, cantilevers and windows. | ||
Decks: Decks may be permitted, subject to the specific approval by the Planning Board of specific submitted designs, provided that such decks are located in side and/or rear yard areas only, are set back at least 5 feet from all property lines and do not occupy more than 25% of any side or rear yard area within which the deck is located. | ||
(a) | Decks located off the first floor of a dwelling unit shall be no more than 2 feet higher than the mean elevation along the building foundation measured to the top of the deck platform. | |
(b) | Decks located off the second floor may only be permitted where the subject yard abuts a major open space area at least 100 feet wide along the entire length of the subject lot line. | |
(c) | Decks, and the landscaping in the vicinity of the deck, shall be designed, installed and maintained to permit reasonable pedestrian access to the rear yard. | |
[4] | A 15-foot front yard setback shall be permitted for the non-garage portion of a dwelling unit | |
2.
Assisted Living Facility.
(a)
A maximum lot coverage of 50% shall be permitted.
(b)
No building shall be closer than 50 feet to any lot line, and no building shall be closer than 150 feet to any residential lot line. No parking area, loading area, driveway or other structure (except for approved accessways and fencing) shall be permitted within the first 25 feet adjacent to any lot line or within the first 75 feet adjacent to any residential lot line.
(c)
Within the required setback areas, a minimum buffer screening of at least 25 feet shall be required along any common property line with a residential zoning district. The buffer screening shall consist of densely planted evergreen trees at least six feet high at time of planting and spaced no more than 10 feet apart on-center.
(d)
All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 50% of the area of any lot shall be so landscaped, and the landscaped area may include approved detention and/or retention basins and approved septic fields.
(e)
Each unit within the assisted living facility shall contain at least 325 square feet of net habitable floor area.
(f)
At least 10% of the gross square footage of the assisted living facility shall be devoted to common facilities, services and activities for the residents, including dining rooms, medical care facilities, personal and professional services such as banking and hairdressing, and communal recreational, social and cultural activities. An outside landscaped courtyard or garden area shall be provided for the residents with sitting areas, pathways and other similar amenities.
3.
Professional Offices.
(a)
More than one principal building shall be permitted on a lot. All buildings shall be separated by a minimum of 20 feet, provided such separation is to be used solely for pedestrian circulation. All buildings shall be separated by a minimum of 50 feet where any part of such separation is to be used for parking or vehicular circulation. However, the separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the buildings.
(b)
A maximum lot coverage of 45% and a maximum floor area ratio of 0.175 shall be permitted.
(c)
No building shall be closer than 50 feet to any lot line or 75 feet to any property line common with a residential zoning district or use. No parking area, loading area, driveway or other structure (except for approved accessways and fencing) shall be permitted within the first 25 feet adjacent to any lot line or within the first 75 feet adjacent to any property line common with a residential zoning district or use.
(d)
Within the required setback areas, a minimum buffer screening of at least 25 feet shall be required along any common property line with a residential zoning district or use. The buffer screening shall consist of densely planted evergreen trees at least six feet high at time of planting, spaced no more than 10 feet apart on-center.
(e)
All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 55% of the area of any lot shall be so landscaped, and the landscaped area may include approved detention and/or retention basins and approved septic fields.
e.
General Requirements for the ARH District.
1.
Except as required in the June 1992 Stipulation Of Settlement between the Township of Montgomery and the New Jersey Department of Transportation, no new development or improvements shall be permitted within 450 feet of the Route 206 right-of-way, and said area shall be deed restricted in perpetuity from any development so that the existing fields and woodlands within said area are preserved in order to maintain the existing scenic vista.
2.
No development or improvements, other than landscaping, shall be permitted within 50 feet of any property line common with property located in the R-1 and R-2 zoning districts.
3.
No direct vehicular access from the ARH zoning district shall be permitted onto Route 206 except for the existing driveway serving the existing dwelling on site.
4.
Any development within the ARH zoning district shall strive to maintain the existing topographic contours and vegetation on-site to the greatest extent possible.
5.
Any development of the lands within the ARH District shall provide for the preservation of the Bedens Brook stream corridor with public access, and off-street pathways within the stream corridor and through the ARH District shall be provided.
6.
Any development of a mixed-use, age-restricted housing development shall require that adequate public sewerage and public water capacity exists to serve the proposed uses.
7.
A mixed-use, age-restricted housing development shall provide a gated interconnection to the adjacent shopping center to afford the residents of the mixed-use, age-restricted housing development the convenience of pedestrian and, where feasible, vehicular access to the retail stores and services in the adjacent HC zoning district.
8.
A mixed-use, age-restricted housing development shall be conceived, designed, and approved as a single entity. The entirety of a mixed-use, age-restricted housing development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signing, fencing, lighting, paving, curbing, and landscaping.
f.
Requirements for all Buildings in a Mixed-Use, Age-Restricted Housing Development.
1.
All assisted living facilities and professional office buildings shall have a dual pitched, single ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one foot vertical to eight feet horizontal, and no flat roof shall be permitted; provided, however, that where roof mounted equipment is necessary and/or preferable for the operation of the building, a facade roof treatment exhibiting the appearance of such a dual pitched, single ridge roof may be permitted if specifically approved by the Planning Board as part of a submitted site plan application for development.
2.
All age-restricted single-family and patio home dwelling units shall meet the following requirements:
(a)
Prototypical architectural plans for the age-restricted single-family and patio home dwelling units to be constructed on the required minimum lot sizes, as applicable, shall be submitted to the Planning Board as part of the final subdivision submission, indicating the scale and mass of the dwelling units to be constructed, the relationship between first and second floor elevations and the typical type and extent of landscaping to be provided at time of initial sale to a homeowner.
(b)
Final architectural elevations of all proposed age-restricted single-family and patio home dwelling units shall be submitted to the Planning Board for review and approval as part of the final subdivision submission and the information provided shall include the proposed surface materials of the buildings.
(c)
The Planning Board shall have the right to require specific restrictions to be incorporated in the deeds of the lots and within the by-laws of any Homeowners' Association regarding future building expansion and/or the construction of additional accessory structures when the maximum building coverage of the principal building, floor area ratio and/or lot coverage will be entirely or nearly utilized at the time of initial sale to a homeowner.
(d)
The gross floor area situated above the first floor of a detached single-family dwelling unit shall not equate to more than 55% of the gross floor area situated on the first floor of the dwelling unit. The gross floor area situated above the first floor of a patio home dwelling unit shall not equate to more than 65% of the gross floor area situated on the first floor of the dwelling unit.
(e)
Garages shall be attached to the principal building and shall be considered part of the dwelling unit for floor/area ratio calculations; no detached accessory garages shall be permitted.
(f)
Windows on detached dwelling units shall be restricted as follows:
(1)
No windows shall be permitted on the first floor within five feet of any side property line;
(2)
Windows on the first floor, situated on a wall located less than 10 feet, but more than five feet, from a side property line, shall be located at least five feet above the outside ground elevation beneath the window, unless applicable construction code provisions require a lower window elevation, in which case the windows shall be located as high on the wall as permitted by such code provisions;
(3)
Windows on the second floor, situated on a wall located within 10 feet of a side property line, shall not exceed an aggregate area (as measured from the interior of the window sills and frames) equal to 25% of the outside wall area of the room with the window(s); and
(4)
Windows on walls set back 10 feet or more from a property line shall have no window treatment restrictions, as noted above.
g.
Age Restrictions for Single-Family and Patio Home Dwelling Units.
1.
All age-restricted single-family or patio home dwelling units shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month time period.
2.
The wording of the required deed restriction shall be submitted by the applicant to the Planning Board for review as part of the application for final subdivision approval, and the wording shall be reviewed, modified as necessary, and finally approved by the Township Committee and incorporated within a developer's agreement between the developer and the Township Committee as a condition of any final approval granted by the Planning Board for an age-restricted housing development.
3.
The wording of the required deed restriction as finally approved by the Township Committee shall be recited in the Master Deed and the Homeowners' Association by-laws, which also shall be reviewed and approved by the Township Committee and Planning Board as a condition of any final approval granted by the Planning Board for an age-restricted housing development.
h.
Off-Street Parking, Private Garages and Driveways.
1.
No residential lot, assisted living facility or professional office building shall have driveway access to any road other than a local road developed as part of the mixed-use, age-restricted housing development, except for an existing dwelling unit.
2.
Each age-restricted single-family and patio home dwelling unit shall be provided with an attached garage; no detached garages shall be permitted.
3.
Each driveway leading to the garage shall be at least 18 feet in length, measured between the garage door and the curb or between the garage door and a sidewalk, whichever distance is less.
4.
No driveway on an age-restricted lot shall be located within five feet of any property line, except that the turn-around pavement area providing access to a side-entry garage on a lot with frontage on the bulb of a cul-de-sac may be located within three feet of a property line and except further that there shall be no separation between abutting and/or shared driveways along a common property line of attached patio homes where cross easements have been provided.
5.
No off-street overflow parking area or parking associated with the assisted living facility or professional offices shall be within 25 feet of any lot line.
6.
Each individual use shall provide off-street parking spaces according to the following minimum provisions:
(a)
Age-restricted detached single-family and patio home dwelling units shall provide 1.5 spaces per two-bedroom unit; two spaces per three-bedroom unit; 2.5 spaces per four-bedroom unit; and three spaces per five or more bedroom unit. Where the bedroom count per unit is not specified, 2.5 spaces per dwelling unit shall be provided.
(b)
An assisted living facility shall provide parking at the ratio of 1/3 space per unit, provided that there is adequate parking provided for staff and guests.
(c)
Professional offices shall provide parking at the ratio of one parking space per 200 square feet of gross floor area or part thereof.
(d)
Any recreational facilities center or clubhouse shall provide a minimum of 40 off-street parking spaces.
i.
Off-Street Loading and Trash Pickup Areas for Nonresidential Uses.
1.
Each nonresidential building shall provide at minimum one off-street loading space at the side or rear of the building or within the building. Any loading dock space shall be at least 15 feet in width by 40 feet in length with adequate ingress and egress from a public street and with adequate space for maneuvering. Additional spaces may be necessary and required dependent upon the specific activity. There shall be no loading or unloading from the street.
2.
There shall be at least one trash and garbage pickup location within convenient access to the nonresidential building being served, including provisions for the separation and collection of recyclable materials in accordance with the recycling requirements of Somerset County and in accordance with the following:
(a)
The trash and garbage pickup location shall be provided either within the building being served or in a pickup location outside the building;
(b)
If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions; and
(c)
If located outside the building, the trash and garbage pickup location shall include a steel-like, totally enclosed trash and garbage container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three.
j.
Permitted Signs.
1.
A mixed-use, age-restricted housing development shall be permitted one ground mounted freestanding sign no larger than 40 square feet in area identifying the name of the mixed use, age-restricted housing development.
2.
One ground mounted freestanding sign no larger than 30 square feet shall be permitted at the entrance of each lot containing the professional office complex and the assisted living facility.
3.
One building mounted sign no larger than 20 square feet in area shall be permitted on each professional office building and on the assisted living facility.
4.
The permitted freestanding signs shall not exceed six feet in height and shall be set back at least 10 feet from any street right-of-way line and 20 feet from any other property line.
5.
The freestanding signs may be lighted, provided the lighting is exterior to the sign and is located at the top of the sign focused downward onto the sign.
6.
Additional signage within the interior of the site may be approved by the Planning Board for directional purposes or other good cause shown by the applicant as part of the site plan approval.
k.
Open Space Requirements for a Mixed-Use, Age-Restricted Housing Development.
1.
Land equal to a minimum of 50% of the tract of land proposed for a mixed-use, age-restricted housing development shall be specifically set aside for conservation, recreation, agriculture or other open space.
2.
All land utilized for street rights-of-way and for detention or retention basins, which shall be located in the open space areas, shall be included as part of the above 50%.
3.
To the extent practicable, all individual age-restricted residential lots shall abut open space.
4.
The open space area, in whole or in part, may be offered by deed to the Township or shall be deed restricted as common open space to be owned and maintained by a Homeowners' Association.
(a)
If the applicant proposes that any open space areas shall be dedicated to the Township, then the Planning Board shall forward such proposal to the Township Committee with its recommendation as to how the land area should be used consistent with the ARH District ordinance provisions.
(1)
The Township Committee shall advise the Planning Board as to whether or not the open space area offered for dedication to the Township will be accepted by the Township and whether it agrees with the Planning Board as to how the land area should be used, which may include conservation, active or passive recreation, agriculture and/or other open space.
(2)
The Planning Board shall not grant final approval to any portion of the proposed development until it receives the communication from the Township Committee regarding the disposition of the open space area offered for dedication, and shall approve the development accordingly.
(b)
All open space areas not offered to and/or not accepted by the Township shall be deed restricted to the use(s) as specifically approved by the Planning Board, and such open space areas shall be owned and maintained by a Homeowners' Association in accordance with the provisions governing open space organizations at N.J.S.A. 40:55D-43 of the Municipal Land Use Law.
l.
Required Recreational Facilities.
1.
A mixed-use, age-restricted housing development shall provide adequate active recreational facilities within the specified open space in order to satisfy the needs of the anticipated age-restricted-residential population of the development. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
2.
The following listing and ratios of recreational facilities are recommended as guidelines for the applicant and Planning Board in their evaluation of the adequacy of proposed recreational facilities within a mixed-use, age-restricted housing development, although alternative recreational facilities and ratios thereof may be proposed by the applicant and approved by the Board:
(a)
One swimming pool with a minimum water surface of 1,800 square feet, and a deck/patio equal to an area equivalent to 150% of the water surface area;
(b)
Two tennis courts;
(c)
One clubhouse/recreation building, at least 7,500 gross square feet in aggregate area, with adjacent off-street parking as approved by the Planning Board;
(d)
At least four courts, either Boccie and/or shuffleboard courts; and
(e)
Jogging, bicycle and cardiovascular exercise paths throughout the development.
m.
Lighting. Lighting in the residential areas of the mixed-use, age-restricted housing development shall be minimal for safety and security purposes in accordance with the following provisions:
1.
The light fixtures along driveways and within parking areas shall not exceed 14 feet in total height and shall include non-glare lights with recessed lenses focused downward and with cut-off shields as appropriate in order to mitigate against adverse impacts upon adjacent and nearby properties and overhead skyglow.
2.
The lighting of any sidewalk and/or pathway shall be via bollard lighting no more than four feet in height.
n.
Affordable Housing Requirements.
1.
The portion of the mixed-use, age-restricted housing development devoted to age-restricted detached single-family and patio home dwelling units shall be considered inclusionary developments in accordance with the substantive rules of the New Jersey Council on Affordable Housing (COAH).
However, in lieu of actually constructing affordable housing units on the subject property, and in accordance with COAH's substantive rules, the developer shall contribute $25,000 per 5% of the total detached single-family and patio home dwelling units approved within the subject portion of the development, which moneys shall be deposited in the Montgomery Township Housing Trust Fund to be utilized for any activity approved by COAH which addresses the fair share housing obligation of the Township of Montgomery.