Montgomery City Zoning Code
§ 16-6.9
Continuing Care Retirement Communities.
[Ord. #99-962, S 3; Ord. #99-967, S 1; Ord. #13-1445]
a.
Purposes and Objectives. It is the overall purpose and objective of these subsection provisions to permit the location and construction of a Continuing Care Retirement Community (CCRC) on an approximately 40 acre parcel of land, to be conveyed by Montgomery Township to a designated developer, which was designated a Redevelopment Area by the Montgomery Township Planning Board on October 28, 1996 in accordance with N.J.S.A. 40A:12A-1, et seq. The specific purposes and objectives of the Continuing Care Retirement Community are as follows:
1.
To provide a variety of housing resources to senior citizens consistent with the Land Use Plan Element of the Montgomery Township Master Plan;
2.
To provide for the transitional residency of elderly persons progressing from independent living in individual dwelling units, to congregate apartment living where the residents are provided limited daily assistance and share common meals, and culminating with a full-time skilled nursing facility providing comprehensive care; and
3.
To promote an imaginative and attractive site design for the CCRC, which respects the natural environment, which utilizes the benefits of adjacent open space lands and which is sensitive and compatible with the surrounding single-family residential area.
b.
Definitions and Permitted Uses. As used in this subsection, the following terms are defined as follows and are permitted uses:
1.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC) — shall mean a facility licensed by the State of New Jersey to furnish transitional residency for eligible elderly persons, including independent living apartment units, independent living cottage units, assisted living units and nursing care units, each as defined hereinbelow. The CCRC shall provide a comprehensive variety of facilities, services and activities for the residents, including meals, housekeeping services, medical care facilities, security services, personal and professional services such as banking and hairdressing, and communal recreational, social and cultural activities.
2.
INDEPENDENT LIVING APARTMENT UNITS — shall mean an apartment dwelling unit which contains living, sleeping, kitchen and sanitary facility accommodations, where all residents are capable of living independently without continuing medical or physical assistance exceeding the levels defined by the operator of the CCRC, and where residents dine either privately and/or in a communal dining area.
3.
INDEPENDENT LIVING COTTAGE UNITS — shall mean a single-family dwelling unit, either detached or with two units attached together, which contains living, sleeping, kitchen and sanitary facility accommodations, where all residents are capable of living independently without continuing medical or physical assistance exceeding the levels defined by the operator of the CCRC, and where residents dine either privately and/or in a communal dining area.
4.
ASSISTED LIVING UNITS — shall mean an apartment dwelling unit which contains living, sleeping and sanitary facility accommodations, where residents meet the requirements for assisted living residences as defined by the State of New Jersey within N.J.A.C. 8:36 et seq., thereby requiring assistance in normal daily living activities between independent living and nursing care.
5.
NURSING CARE UNITS — shall mean one bed, either in a private or semi-private room, and associated facilities, where each resident, by reason of advanced age, chronic illness or infirmity, is unable to care for himself or herself and requires full-time convalescent or chronic care.
6.
A SEWAGE TREATMENT PLANT — shall mean a sewage treatment plant which shall service the Continuing Care Retirement Community and any other uses as may be authorized by the Township Committee.
c.
Resident Eligibility. Residents in the Continuing Care Retirement Community (CCRC) — shall be restricted to persons 62 years of age or older except that residents within independent living apartment units, independent living cottage units and assisted living units only also may include the following persons:
d.
Density And Distribution Of Units. The maximum density of the Continuing Care Retirement Community (CCRC) shall be 8 1/3 dwelling units per gross acre of land, resulting in a maximum of 333 dwelling units (i.e. 8.33 du x's 40 ac = 333 du) to be distributed by type within the following ranges:
Unit Type (1) | Minimum No. | Maximum No. |
|---|---|---|
Independent Living Cottages | 24 du | 24 du |
Independent Living Apartments | 176 du | 196 du |
Assisted Living Apartments | 30 du | 61 du |
Nursing Care Units | 40 du | 60 du |
[1] | In any case, no more than 333 total units shall be constructed |
e.
(Reserved)
f.
Minimum Floor Areas for Independent Living and Assisted Living Units.
1.
2.
Independent living cottage units each shall contain at least 850 square feet of net habitable floor area.
3.
Assisted living units each shall contain at least 350 square feet of net habitable floor area, except that up to 20 dementia care units may be no less than approximately 288 square feet and an additional 20 alcove units may be no less than approximately 300-325 square feet.
g.
Perimeter Setback Requirements.
1.
No building or parking space shall be located closer than 550 feet to any public street;
2.
No roadway, driveway, parking space or independent living cottage unit building shall be located closer than 30 feet to any property line other than a public street; and
3.
No independent living apartment unit building, no nursing care unit building and no building containing the 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 shall be located closer than 50 feet to any property line other than a public street.
i.
Minimum Parking Requirements.
1.
Independent living cottages: 1 garage space per unit, plus 1/2 space per unit off-drive, plus 1/2 space per unit on-drive or off-drive.
2.
Independent living apartments: 1 off-drive space per unit.
3.
Assisted living apartments: 1/3 off-drive space per unit.
4.
Nursing care units: 1/3 off-drive space per unit.
5.
Staff: 1 off-drive space per maximum number of employees on site at any time.
j.
Height of Buildings and Roof Treatment.
1.
No building shall exceed three stories and 35 feet in height, except, and in accordance with, the following:
(a)
The final grade beneath a building shall not exceed the highest elevation of the existing grade within the building envelope, and the existing topography of the site shall be maintained to the maximum extent possible.
(b)
A portion of any three story building utilized for independent living apartment units may exceed 35 feet in height in accordance with the following:
(1)
No more than 50% of the aggregate heights of all buildings on the site shall exceed 35 feet in height;
(2)
Any portion of any building which exceeds 35 feet in height shall not, in any case, exceed 39.5 feet in height; and
(3)
Any portion of any building which exceeds 35 feet in height shall have a pitched, single-ridge gable roof, provided however, that where roof mounted equipment is proposed, a facade roof treatment screening the equipment and exhibiting the appearance of a dual pitched roof may be permitted and approved by the Planning Board during site plan review.
(c)
The following appurtenances may be erected not more than five feet above the actual height of a building, except that these provisions shall not apply to any portion of a building which already exceeds 35 feet in height in accordance with Subsection 16-6.9j1(b) hereinabove, and except further that chimneys on residential buildings shall have no height restrictions:
(1)
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;
(2)
Skylights, spires, cupolas, flagpoles, and similar structures associated with the building; and
(3)
The parapets used to screen the roof-mounted structures and equipment.
2.
All roofs shall have a pitched gable, hip, mansard or gambrel design, and any three story building shall have the third floor designed with dormers so that the building appears, to the greatest extent practicable, to have 2 1/2 stories.
3.
Every egress window as defined by the Uniform Construction Code of the State of New Jersey shall be directly and safely accessible from the ground by a twenty-eight-foot ladder placed at the National Fire Protection Association (NFPA) accepted ladder-to-ground angle of elevation.
4.
No three story building shall be located closer than 880 feet to any public street nor closer than the first two story building to any public street.
k.
Medical Services Provided to Nonresidents. No medical services shall be provided from the site to any individual not residing within the Continuing Care Retirement Community (CCRC) except as follows and as otherwise may specifically be approved by the Planning Board:
1.
All medical services provided to persons residing within the CCRC also may be provided on site to persons not residing within the CCRC, provided that persons residing in the CCRC are given priority for the medical services;
2.
An adult day care program may be provided on site to persons 62 years and older not residing within the CCRC;
3.
Outpatient rehabilitation therapy may be provided on site to persons 62 years and older not residing within the CCRC; and
4.
A Meals On Wheels program may be provided from the CCRC to persons off site and not residing within the CCRC.
l.
Areas for Common Facilities, Services and Activities.
1.
At least 10% of the gross square footage of all buildings comprising the CCRC 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; and
2.
A variety of outdoor recreational facilities shall be provided which may include a putting green, shuffleboard courts, bocce courts, croquet courts, tennis courts and/or similar facilities but which, in any case, shall include an integrated pathway network which connects to pathways in neighboring properties owned by the Township of Montgomery and/or the State of New Jersey.
m.
Lighting. Lighting 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.
Signs.
1.
Each CCRC shall be permitted one freestanding sign no larger than 50 square feet in area identifying the name of the development.
2.
The permitted freestanding sign shall not exceed 10 feet in height and shall be set back at least 30 feet from a public street and other property lines and at least 12 feet from any private roadway.
3.
The freestanding sign shall be skirted with brick or similar material to enclose the supporting pole(s) of the sign. The skirting shall extend the full dimensions of the sign at its lower edge from ground level to the base of the sign. The area of the skirting shall not be included in the calculation of sign area.
4.
The skirting of the freestanding sign shall be liberally landscaped with a combination of shrubs and ground cover, augmented with flowers and other plant material.
5.
The freestanding sign 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 may be approved by the Planning Board for good cause shown by the applicant as part of the site plan approval.
o.
Applicability of Other Chapter Provisions. All other applicable provisions of this chapter not in conflict with the provisions stated hereinabove shall apply to CCRC.