Ogdensburg City Zoning Code
§ 30-410
CONTINUING CARE RETIREMENT COMMUNITY.
A.
Purpose.
The purpose of the Continuing Care Retirement Community Zone is to provide an area of the Borough which will encourage the design and development of a multi-faceted, relatively self-contained living environment for individuals of 55 years of age and older who wish to live within an integrated, coordinated and comprehensive spectrum of residential living services responsive to the enormous variety of needs of the elderly. Facilities pursuant to the New Jersey Administrative Code shall be provided to offer a "continuum of care" to residents as their individual needs for services increase and shall include:
1.
Independent Living.
A living unit chosen by the resident for his or her exclusive use in which the resident can live and function independently.
2.
Assisted Living/Personal Care.
Should a resident require assistance and/or supervision with one or more activities of daily living, then, depending on the facility and the degree of care needed, assistance to a resident may be given in a variety of settings. Possibilities include:
a.
Assistance in the resident's living unit.
b.
Transfer to a residential health care unit which is located within the community and which has been licensed by the New Jersey Department of Health.
c.
Transfer to a designated supervised unit specifically reserved by the provider for assisted living within the community.
B.
General Requirements.
1.
The proposed site development and facilities shall comply in all aspects with the regulations, requirements and guidelines of the following provisions of the New Jersey Administrative Code, as applicable at time of preliminary site plan approval:
N.J.A.C. 5:19-1 et seq. (Continuing Care Retirement Community Rules) |
N.J.A.C. 8:33H-1 et seq. (Certificate of Need: Reviews of Long-Term Care Facilities and Services) |
N.J.A.C. 8:39-1 et seq. (Manual of Standards for Long-Term Care) |
N.J.A.C. 8:43-1 et seq. (Residential Health Care Facilities) |
N.J.A.C. 8:43F-1 et seq. (Manual of Standards for Licensure of Adult Day Health Care Facilities) |
Any and all other applicable Administrative Code or New Jersey Department of Community Affairs regulations. |
Proof of compliance with the above shall be submitted upon final site plan application. |
2.
Occupancy of all residential units for such a proposed facility shall be by persons 55 years of age or older, subject to the following exemptions and requirements:
a.
One immediate family member of a residential unit occupant, under the age of 55 (but in no case under the age of 18 may share the unit with the older occupant, provided that in the event of the vacation of the unit by the elder occupant (due to death or any other reason), the person under the age of 55 shall vacate the unit within 90 days. Transfer to another section of the facility shall not be considered vacation of a unit. Contracts or agreements for residence shall contain the vacation requirements related above.
b.
Those persons, regardless of age, whose documented health care condition requires a specialized spectrum of health care as provided by this chapter subject to the limitation that no more than 5% of the occupants of the facility may be from this specialized class.
c.
The above referred to age restriction shall not apply to administrative staff referred to in Section E-5.
3.
A condition of any approval granted pursuant to this chapter shall require a deed restriction prohibiting any future use or conversion of all, or any part, of the proposed development to facilities for drug or alcohol rehabilitation, correctional facilities, abortion clinics, facilities for the indigent, homeless or insane.
4.
Required and/or permitted uses may be constructed or provided in one or more principal buildings on one lot.
C.
Definitions.
1.
NURSING HOME - Shall mean a use of building or land for the care of two or more unrelated persons who are suffering from an acute or chronic illness or are being treated or convalescing from the effects of an injury and surgical or obstetrical treatment who require nursing care as a result of one or more of the above-mentioned conditions. The term "nursing home" as used herein does not include the term "boarding house or other home for the sheltered care of adult persons," as defined by law, but it does include any structure licensed by the State of New Jersey Department of Health to operate a "nursing home." This facility will be serviced 24 hours a day by a registered nurse and include medical facilities, meals, housekeeping, social services and physical therapy.
2.
RESIDENTIAL HEALTH CARE FACILITY-Shall mean an institution or a distinct part of an institution which is licensed by the State of New Jersey Department of Health to provide health care under medical supervision to two or more patients who are not related to the governing authority of the institution or its members by marriage, blood or adoption. This facility is to assist with semi-independent personal care but includes provisions for meals, social services, medical and/or personal service and emergency care if necessary.
3.
ADULT INDEPENDENT LIVING UNIT - Shall mean multi-family apartment type housing for independent residents with some common facilities provided for the occupants of that building. However, they also share in common social, recreational and other facilities offered by the community. Assistance may be provided in this residential dwelling unit.
4.
ASSISTED LIVING SERVICES - Such services as limited health services, supervision of medication, assistance with daily activities, twenty-four-hour supervision on premises, housekeeping services and social and recreational activities which may be provided in either adult independent living units or in designated assisted living units.
5.
CONTINUING CARE RETIREMENT COMMUNITY - Shall mean such communities that combine independent living accommodations for the elderly with the provisions of lodging and nursing, medical or other health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year of the payment of certain fees all consistent with the applicable New Jersey Administrative Code.
6.
ADULT DAY CARE - Shall mean a provision of care for elderly or frail persons who require daily non-residential care, which care may include nursing supervision, other health care services, nutrition, rehabilitation, socialization and transportation.
D.
Required Uses.
Because of the special nature of the zone, the following uses are required to be included in any development proposal:
1.
Nursing home.
2.
Adult Independent Living Units.
3.
Administrative, social and recreational buildings, structures and open areas. A minimum of four recreational accessory uses cited in paragraph E, 1 below shall be required.
4.
Neighborhood commercial uses including services/retail and professional office planned, designed and constructed to serve the needs of the zone's residents.
5.
Community food service facility for the project residents.
6.
Adult day care.
7.
Assisted living services.
8.
Residential health care.
E.
Permitted Accessory Uses.
1.
Supporting recreational facilities including, but not limited to swimming pools, tennis courts, open field areas, passive sitting areas, picnic facilities, walking trails, gymnasium, library, solarium, craft room, basketball and handball.
2.
Off-street parking and private garage facilities.
3.
Fences and walls.
4.
Utility and maintenance structures.
5.
One single family dwelling unit to be utilized and occupied as a residence exclusively for the director of the facility, administrator or other "head of operations" whose presence on the site is essential for effective operation of the facility.
F.
Building Height and Fire Safety.
1.
A building height of 100 feet above immediate surrounding grade shall be the maximum permitted. Height shall be measured to highest point of a structure, including roof peak, chimney, or any structure or device on the roof.
2.
A Fire Safety Plan and Impact Statement shall be submitted as a part of the application for preliminary approval. It shall be prepared by a fire safety expert and shall detail all steps taken to address safety of the persons or property and detail the location of all fire lanes, apparatus access, and other fire safety features in conformance with recognized standards. Included in the Plan shall be an evacuation plan.
3.
All construction, residential and otherwise, shall include the provision of approved fire sprinkling systems in accordance with applicable standards.
G.
Minimum Tract Size.
The minimum tract size for each project in the zone shall be 30 contiguous acres of land (prior to dedication of any land, right-of-way, parks, easements, etc.).
H.
Projects Components.
In accordance with the required principal uses in the zone, each project shall be comprised of the following:
For projects consisting of less than 500,000 square feet floor space:
% of Total Habitable/Occupiable Floor Area Minimum | Project Maximum | |
|---|---|---|
Recreation (indoor) | 3 | None |
Commercial | 2 | 10 |
Office | 1 | 15 |
For projects consisting of more than 500,000 square feet floor space: |
% of Total Habitable/Occupiable Floor Area Minimum | Project Maximum | |
|---|---|---|
Recreation (indoor) | 2 | None |
Commercial | 1 | 10 |
Office | 0.5 | 15 |
As part of site plan review, the percentage of total floor area minimums set forth above may be varied or waived as a design requirement by the reviewing Board. |
I.
Densities.
The maximum densities in the following project components shall be:
J.
Maximum Impervious Coverage.
The total amount of impervious coverage from buildings, roofs, roads, parking areas, sidewalks, etc. shall not exceed 50% for the entire project.
K.
Area and Buffer Requirements.
Buffer Along Public Road (feet) | Buffer Along External Residential Property Line (feet except where Public road buffer applies) | |
|---|---|---|
Nursing Home/Residential Health Care | 100 | 35 |
Adult Residential Dwelling | 100 | 35 |
Commercial | 25 | 35 |
Office | 25 | 35 |
Recreation/Administrative | 25 | 25 |
Parking Area | 100 | 10 |
The above schedules are basic parameters for site design; however, the reviewing board may be flexible in design standards based on the merits of an application. |
L.
Yard Area Setback Requirements (in feet)
Building to Public Road | Building to Project Internal Road | Buildings to Property Line | |
|---|---|---|---|
Nursing Home/Residential Health Care | 100 | 9 | 100 |
Adult Residential Dwelling | 100 | 9 | 100 |
Commercial | 75 | 9 | 100 |
Office | 75 | 9 | 100 |
Administration | 75 | 9 | 100 |
Accessory Buildings | 100 | 9 | 100 |
The above requirements are basic parameters for the site design, however, the reviewing board may be flexible to design standards based on the merits of an application. |
M.
Open Space.
A minimum of 30% of the total project area shall be set aside for open space. This area may include buffer areas as prescribed above and all building setback areas. Of the total amount of open space, 15% shall be devoted to active and passive recreational uses such as recreational and social gathering areas, walkways, sitting areas, gardens, and adjacent useable space. The determination as to the extent of active recreational space shall be made by the Board.
N.
O.
Minimum Off-Street Parking Requirements.
1.
One parking space per independent living or assisted living apartment unit.
2.
One-half parking space per nursing home bed (Long Term Health Care).
3.
One and one-quarter parking space per employee based upon number of employees in the largest shift.
4.
One-half space per bed for Residential Health Care.
The Planning Board may waive any of the above parking requirements if the Applicant can demonstrate, to their satisfaction, the necessity.
P.
Special Design Regulations.
1.
Handicapped access to all buildings and floors within said buildings shall be provided as required by applicable codes and regulations.
2.
Each parking space shall be a minimum of nine feet by 20 feet with 4% of the overall parking requirements reserved for handicapped parking spaces with a minimum size of 12 feet by 20 feet.
3.
A Wastewater Treatment Plan shall be submitted by the applicant for preliminary approval. The submitted plan shall be in conformance with the Borough's adopted Wastewater Master Plan as endorsed by the applicable authorities and agencies. Specific plans for sewerage facilities shall be submitted as a part of the application for preliminary approval.
4.
Specific plans for all water usage and facilities, including those required to meet fire flow standards, shall be submitted as a part of the application for preliminary approval.
5.
The applicant shall submit proof of an application for both a Certificate of Need and Certificate of Authority from the New Jersey Department of Health and the New Jersey Department of Community Affairs, or proof from such agencies that same are not required, as a condition of final site plan approval from the Board.
6.
The facilities and services available on the site shall contain a pharmacy. An on-site certified emergency medical care unit, and certified emergency first aid, transportation vehicles, and personnel shall be provided and operate 24 hours a day, seven days a week.
7.
The commercial uses and those recreational uses designated by the Planning Board in the course of site plan approval may be opened to the general public, as well as the project residents, as long as the security and privacy of the project's occupants are not compromised.
8.
The minimum residential unit size shall be 300 square feet and the maximum 1,200 square feet and every unit may contain a kitchen or kitchenette consisting of a minimum of a sink, a refrigerator, and a small stove, exclusive of the administrative unit.
9.
There shall be two means of egress and ingress for the project site, one of which may be an emergency access only.
10.
Buffer areas less than 100 feet from the property line shall be supplemented with additional plantings of deciduous trees of sufficient size and height to provide additional screening where the Board determines that the natural state is insufficient for that purpose for adjoining residential properties.
11.
Internal road maintenance, snow, trash and recycling removal shall be the responsibility of the property owner and specific plans for the same shall be a part of the application for preliminary site plan approval.
12.
As a part of the preliminary site plan application, the applicant shall submit a Financial Impact Statement detailing the specific anticipated impacts of the project upon the tax ratable, school system and other areas of the municipal fiscal responsibility.
13.
As a part of the preliminary site plan application, the applicant shall submit a specific plan for Open Space Management, which plan, at a minimum, shall address the following:
a.
Provisions for the replenishment of any vegetation in the open space areas which may become destroyed for any reason.
b.
Provisions for preventative maintenance for, and correction of, soil erosion in said open space areas.
c.
Provisions for the timely removal of dead or downed trees.
d.
Provisions for the timely treatment of diseased trees in open space areas.
14.
Tennis facilities shall be in conformance with other sections of this chapter except they may be located in any yard if they are set back at least 200 feet from nearest property line.
Q.
Submission of Marketing Plan Required.
The applicant shall submit a Marketing Plan that will detail the marketing and sale of all units in the facility and shall include a provision for 5% of all residential units to be dedicated to low and moderate income senior citizens with a rolling or continuing first preference for residents of the Borough of Ogdensburg. This Plan shall be submitted prior to preliminary site plan approval. The plans submitted shall include a sample copy of any contract or contracts to be offered to prospective residents, and said plans shall comply with and meet the requirements of the Borough's ordinance on affordable housing.