Sparta Township City Zoning Code
§ 18-4.19
Multi-Family-3 Zone MF-3, Senior Project, Residential Project and Age Restricted Project Overlay Zone.
[Ord. No. 01-14 § 4]
a.
Purpose. The purpose of this subsection is to establish alternate housing opportunities consistent with the Sparta Town Center, COAH Mediation Agreement and to implement the Housing Element/Fair Share Plan approved and certified by the Council on Affordable Housing.
b.
Permitted Uses. The following uses shall be to permit independently, but not a combination of:
1.
A planned senior residential housing development, not exceeding 140 units, that provides adequate provisions to meet the unique requirements of senior citizens and the aging population. A planned environment will nurture the comfort of "aging-in-place" amongst several levels and types of senior housing, making available personal care elements and convenience of services within an independent and dignified setting. This planned residential development senior housing (Senior Project) shall be a contiguous area of land controlled by a landowner, to be developed as a comprehensively planned environment for a number of dwelling units, principal and ancillary uses. The Senior Project shall comply with the definitions, requirements and regulations, as amended from time to time, by the New Jersey Department of Health and Senior Services (NJDOHSS) or the New Jersey Department of Community Affairs (NJDCA). Uses of an institutional or commercial nature ancillary to the residential housing facilities in the Senior Project shall be intended primarily, but not exclusively for use of the residents of the planned development. The commercial spaces shall be harmonious with the Senior Project and the neighborhood and shall be provided to care and assist daily living activities and to provide other uses and activities customarily and incidental to the residential development for seniors "aging-in-place."
2.
A planned residential housing development of multifamily dwelling units (Residential Project), not exceeding 54 units, in a planned environment that shall be a contiguous parcel of land, with attached or detached structures to be configured to permit development, together with other accessory uses customarily and incidental to a multifamily development.
3.
A planned residential housing development of multifamily dwelling units, not exceeding 75 units, restricted by age where at least one of the members of the residential unit is 55 years of age or older (Age Restricted Project) in a planned environment that shall be a contiguous parcel of land, with attached or detached structures to be configured to permit development, together with other accessory uses customary and incidental to a multifamily development.
c.
Permitted Structures. Any one of the following structures set forth in either Subsections b1 or b2 or b3.
1.
Senior Residential Housing Development.
(a)
An Independent Living Facility (ILF) consisting of a housing complex, multifamily, single family or a combination of uses thereof, catering to senior citizens with minimal services; a Congregate Seniors' Housing Facility (CSH) consisting of a multifamily complex catering to senior citizens, with a common dining facility and sometimes with limited support services such as housekeeping and transportation; and an Assisted Living Facility (ALF) consisting of multifamily complex including a central dining room designed with features and staff to assist the frail elderly and daily activities. Support services shall be available.
(b)
The age of occupants shall be restricted to: persons where at least one member of the residential unit is at least 55 years of age, with or without a spouse, and other members of such person's residential unit; and surviving members of that residential unit in the event of death of such resident who is at least 55 years of age, subject to applicable local, State and Federal law.
(c)
These uses in the Senior Project may be combined in various ways and may include skilled nursing facilities for those who require medical, nursing or rehabilitative services on a continuous basis.
(d)
Accessory Uses.
(1)
Garages for the storage of grounds equipment, or ancillary transport service vehicles available for use in delivering services to the PRD residents.
(2)
Greenhouses, gardens, outdoor game area, gazebos, clubhouses for the uses of the residents of single, or combined uses in PRD.
(3)
Medical and/or specially designed spaces inherent to the medical and social service professionals to administer services on a transient basis, as needed, or daily scheduled basis, i.e., physical therapies, occupational therapies, clinical and therapeutic services, for access by residents of complex. Overnight accommodations shall not be permitted within these uses.
(4)
Fences, retaining walls, landscape structures, trellises, gazebos, storm water management structure or related structures to maintain resident and complex services.
(5)
Public utility substations.
(6)
Interior defined spaces/areas for worship, religious activities, provisions for personal care services to residents, food preparation, dining, laundry and linen, beauty/barber shops, the sale of convenience products and sundries.
(7)
Individual commercial, retail and medical office spaces for use specific to the PRD and its residents.
(8)
All other uses customarily associated with, and incidental to the principal uses of ILF, CSH and ALF as determined by the Board.
2.
Residential Project. Multifamily residential housing, whether in fee simple ownership or rental-based accommodations, attached or detached.
(a)
Accessory Uses. All customary and accessory uses incidental to a multifamily residential complex as determined by the Board, including but not limited to recreational facilities, fences, garages, satellite dishes, antennas, carports and sheds.
3.
Age Restricted Project. Multifamily residential housing, whether in fee simple ownership or rental-based accommodations, attached, or detached.
(a)
Accessory Uses. All customary and accessory uses incidental to a residential complex as determined by the Board, but not limited to recreational facilities, fences, garages, satellite dishes, antennas, carports and sheds.
d.
Phasing of Development. Any of the project uses and structures permitted under Subsection c may be developed and constructed in phases. As part of its development application, the applicant shall identify and describe the phases of development of the proposed project, including the number of units and structures proposed to be constructed in each phase and an estimated timetable for development of each phase. The Board's review and approval of the phasing element of the application shall be conducted in accordance with the standards for site plan review set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and as supplemented by the provisions of the Township Code of Sparta.
e.
Area and Bulk Requirements. The area and bulk requirements of the permitted uses shall be as follows, except as otherwise modified herein, for any of the permitted uses:
1.
Lot Size. Not less than 10 acres.
2.
Lot Width. A minimum lot width of 300 feet, measured anywhere on the property, shall be required.
3.
Street Frontage. A minimum street frontage of 50 feet shall be required.
4.
Setbacks. Fifty feet from the property line.
5.
Maximum Gross Lot Coverage and Area Ratios.
6.
Total floor ratio (FAR) for all combined uses, principal or accessory, may not exceed 0.35.
8.
Building Height. Maximum height shall not exceed 35 feet, or 2 1/2 stories, whichever is less, exclusive of HVAC, satellite dishes, antennas, or other customary elements on the roof. Height shall mean the vertical distance from the average ground elevation of the finished grade to the top of a structure, or the highest point of the roof surface of a building.
9.
Spacing Between Two or More Structures. The minimum distance between any two structures containing a window or door opening to occupied rooms shall be 40 feet, or 1/2 of the combined height of the facing walls, whichever is greater, but in no case shall it be more than 80 feet. Where the facing walls contain no windows or doors other than kitchen or bathroom windows, the minimum distance shall be 30 feet regardless of the height of the facing walls.
10.
Payments in Lieu of On Site Construction. Payments shall be made in lieu of on site construction of affordable housing units in accordance with the terms of the Township's substantive certification, including any mediated agreements.
11.
Additional Requirements. Applicable to Residential Project only.
(a)
Parking. Residential Site Improvement Standards shall apply.
(b)
Dwelling Unit Size. The size of dwelling units, in all residential structures erected under this permitted use, converted or altered, with respect to floor area or number of dwelling limits, shall be exclusive of steps, porches, walls, bays and utility room.
(c)
Bedroom Mix. No more than 5% of the units in the Project shall have three bedrooms, no fewer than 10% of the units shall have one bedroom or less, and the balance shall be two bedroom units. In the event of a fraction, the number shall be rounded up. Examples: (1) 5% of 54 units equal 2.7; thus, 2.7 shall be rounded up to 3; (2) 10% of 54 equals 5.4; thus, 5.4 shall be rounded up to 6.
12.
Additional Requirements. Applicable to Senior Project only.
(a)
The age of occupants shall be restricted to: persons where at least one member of the residential unit is at least 55 years of age, with or without a spouse, and other members of such person's residential unit; and surviving members of that residential unit in the event of death of such resident who is at least 55 years of age, subject to applicable local, State and Federal law.
(b)
Facility Services Criteria Guidelines for Components of the Senior Project:
(1)
Assisted Living Residence. A facility which is licensed by the Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed by its residences. Residential living units must include, at a minimum, an unfurnished room, a private bathroom, a kitchenette inclusive of: (counter top/sink/microwave/small refrigerator), and a door able to be locked at the unit entrance. The age of its residents shall be restricted to 55 years of age and older, except in the case of a younger spouse who cohabits with a resident, and is younger than the restrictive age. Further exceptions may be allowed in "need driven" cases, where, for example, a younger adult requires the specific services provided in an assisted living residence and meets other facility admissions criteria.
(2)
Assisted Living Services. A coordinated array of supportive personal care services and health care services available 24 hours per day to residents who have been assessed to need these services, in order to promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity and home-like surroundings.
(3)
Personal Care Services. Services supportive to residents' care and comfort including assistance with activities of daily living.
(4)
Health Care Services. Any service provided to a resident of an assisted living residence that is ordered by a physician and required to be provided or delegated by a licensed, registered or certified health care professional. Certified health care professional shall not include a certified homemaker/home health aide or certified nurse aide.
(5)
Social Services. Services provided to residents that address their interactions in the social environment and which affect the ability of people to accomplish their tasks, alleviate distress, and realize their aspirations and values.
(6)
Elements of Facility Design Standards. The following minimum design standards shall be permitted as part of the Senior Project:
(i)
Outdoor recreational facilities planned for residents;
(ii)
Indoor recreational facilities for activities;
(iii)
Designated rest/sitting areas;
(iv)
Congregate dining, and meal provisions as applicable to regulatory requirements;
(v)
Health care facilities and services including, but not limited to, security facilities, administrative offices, storage facilities; any such administrative office shall be located entirely within the principal uses(s) and shall be used to provide administrative services for singular or combined uses;
(vi)
Gift shop/convenience shop with hygiene aids, sundries and reading materials;
(vii)
Walking facilities which shall include landscaped seating areas at its beginning, mid and end points; laundry facilities or linen services for residents and living units;
(viii)
Physical therapy facilities;
(ix)
Planned social events and activities;
(x)
Area for worship provided;
(xi)
Indoor exercise area;
(xii)
Evergreen buffers provided around perimeter of site, as determined by the Planning Board;
(xiii)
Parking requirements to follow standards published by the American Seniors Housing Association (ASHA);
(xiv)
Facilities and grounds to be universally accessible to all residents;
(xv)
Illuminated walking paths, parking areas, drives and internal roadways.
(c)
The minimum size of a residential living unit, in all structures erected, converted or altered, with respect to floor area or number of dwelling limits, exclusive of steps, porches, walls, bays, or utility rooms shall be as follows:
(1)
Three hundred square feet for each unit designated as a single occupancy unit within any principal or accessory use;
(2)
Five hundred square feet for each unit designated as a double occupancy unit within any principal or accessory use;
(3)
Adjoining units shall be limited to be configured into a maximum of a two bedroom dwelling unit;
(4)
In case of a two bedroom configuration in a dwelling unit, occupancy shall be limited to a maximum of four persons.