Stafford Township City Zoning Code
§ 211-25
Planned Retirement Community Zone R-3/PRC.
[Amended 8-16-1988 by Ord. No. 88-64; 5-16-1989 by Ord. No. 89-38; 9-15-1992 by Ord. No. 92-57; 5-18-1993 by Ord. No. 93-32; 5-3-1994 by Ord. No. 94-43]
A.
Permitted uses shall be as follows:
[Amended 2-7-1995 by Ord. No. 95-20]
(1)
Detached single-family dwellings.
(2)
Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
B.
Required accessory uses shall be as follows:
(1)
Off-street parking.
C.
Permitted accessory uses shall be as follows:
(1)
Private swimming pools.
(2)
Private tennis courts.
(3)
Storage sheds.
(4)
Detached garages.
(5)
Home occupation uses subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D.
Permitted signs shall be as follows:
(1)
One lighted home occupation or home professional office announcement sign conforming to the requirements herein shall be permitted.
(2)
One identification sign for each permitted use conforming to the requirements herein shall be permitted.
(3)
Only one freestanding sign per street frontage shall be permitted.
(4)
All freestanding signs shall meet the following size, height and setback requirements:
(a)
Maximum area: four square feet.
(b)
Maximum area per side: two square feet.
(c)
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d)
Minimum front yard setback: 10 feet.
(e)
Minimum side yard setback: six feet.
E.
Conditional uses shall be as follows:
(1)
(Reserved)[1]
[1]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2)
(Reserved)[2]
[2]
Editor's Note: Former Subsection E(2), Home professional offices, was repealed 11-1-1994 by Ord. No. 94-96.
(3)
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(3), concerning cluster-type developments, was repealed 8-5-1997 by Ord. No. 97-58.
(4)
Planned retirement community (PRC) in accordance with the requirements of § 211-25G and I herein.
(5)
Planned mobile home park retirement community in accordance with requirements of § 211-25R, S and T herein.
[Added 9-5-1995 by Ord. No. 95-84]
F.
Area, yard and building requirements shall be as follows:
(1)
The minimum lot area shall be 15,000 square feet.
(2)
The minimum lot width shall be 100 feet.
(3)
The minimum lot depth shall be 125 feet.
(4)
The minimum front yard setback shall be 40 feet.
(5)
The minimum side yard setback shall be 20 feet.
(6)
The minimum combined side yard setback shall be 40 feet.
(7)
The minimum rear yard setback shall be 30 feet.
(8)
The minimum accessory building side and rear yard setback shall be 10 feet, except as otherwise specified herein.
(9)
The maximum building height shall be 35 feet.
(10)
The maximum percent of building lot coverage shall be 30%. The maximum percent of impervious surface coverage on any lot shall be 45%. However, the maximum impervious surface coverage allowed shall increase to 50% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11)
[4]Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
[4]
Editor’s Note: Former Subsection F(11) and (12) was renumbered as Subsection F(12) and (13), respectively, to accommodate the addition of this new Subsection F(11).
(12)
Where public sanitary sewers are not provided, all residential development shall comply with the area, yard and building requirements of the Rural Residential Zone (RA).[5]
[5]
Editor's Note: Former Subsection F(12), Cluster developments, which immediately followed this subsection, was repealed 8-5-1997 by Ord. No. 97-58.
G.
Planned retirement communities may be permitted in the R-3/PRC Zone, provided that the following conditions are met:
(1)
A planned retirement community shall be an area developed according to a plan as a single entity for the benefit of the permanent residents who are persons 55 years of age or older; as contained in the Fair Housing Act, as amended in 1988.[6]
[6]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2)
The minimum area of a planned retirement community shall be 50 contiguous acres; provided, however, that an area of less than 50 acres may be added to a planned retirement community if contiguous thereto and in compliance with the provisions of this chapter.
(3)
The planned retirement community will be serviced by public sewer and water facilities.
(4)
There shall not be more than 4 1/2 dwelling units per gross acre of the planned retirement community.
(5)
The planned retirement community shall have direct access to a collector road designed and constructed in accordance with the Circulation Plan Element of the Master Plan, and said collector road shall have direct connection with Route 72 at a location consistent with the Circulation Plan Element of the Master Plan and approved by the Planning Board and New Jersey Department of Transportation (NJDOT).
H.
The following uses shall be permitted principal uses of buildings and structures in a planned retirement community:
(1)
Detached single-family dwellings.
(2)
Two- to four-unit dwellings.
(3)
Clubhouse/community buildings.
(4)
Open space and recreational uses and facilities.
(5)
Fire stations.
(6)
First aid stations.
(7)
Essential services.
(8)
Golf courses.
I.
Required accessory uses in a planned retirement community shall be as follows:
(1)
Off-street parking.
(2)
On-site refuse disposal and recycling facilities.
J.
Permitted accessory uses in a planned retirement community shall be as follows:
(1)
Recreational and cultural facilities, including but not limited to the following: clubhouses, swimming pools, tennis courts, golf courses, shuffleboard courts and picnic grounds.
(2)
Buildings and structures for the maintenance or administration of the Planned Residential Community.
(3)
Attached or detached garages and carports.
(4)
Fences and walls.
(5)
Gatehouses.
K.
Permitted signs in a planned retirement community shall be as follows:
(1)
One freestanding sign or identification structure not to exceed 40 square feet in area for the purpose of identifying the name of the community or project shall be permitted. Where there is more than one main ingress route to a planned retirement community, up to three identification signs may be permitted, provided that the collective square footage of all identification signs proposed do not exceed 40 square feet.
(2)
One identification sign not to exceed the requirements herein for each approved permitted use shall be permitted.
(3)
Only one freestanding sign per street frontage shall be permitted.
(4)
All freestanding signs not specifically mentioned in Subsection K(1) shall meet the following size, height and setback requirements:
(a)
Maximum area: four square feet.
(b)
Maximum area per side: two square feet.
(c)
Maximum height: 10 feet.
(d)
Minimum front yard setback: 10 feet.
(e)
Minimum side yard setback: six feet.
L.
Minimum area, yard and building requirements for a planned retirement community shall be as follows:
(1)
No building or structure, other than entrance guardhouses, gatehouses, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract.
(2)
No building or structure, other than an entrance guardhouses, gatehouses, walls or fences, shall be located within 75 feet of an existing public road.
(3)
Minimum lot area, yard and building requirements for detached single-family dwellings shall be as follows:
(a)
The minimum lot area shall be 6,000 square feet.
(b)
The minimum lot width shall be 60 feet.
(c)
The minimum lot frontage shall be 40 feet.
(d)
The minimum lot depth shall be 85 feet.
(e)
The minimum front yard setback shall be 25 feet.
(f)
The minimum rear yard setback shall be 30 feet.
(g)
The minimum side yard setback shall be eight feet.
(h)
The minimum combined side yard setback shall be 20 feet.
(i)
The maximum percent of building lot coverage shall be 40%. The maximum percent of impervious surface coverage on any lot shall be 55%. However, the maximum impervious surface coverage allowed shall increase to 60% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Added 3-20-2007 by Ord. No. 2007-34]
(j)
Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
(4)
Minimum requirements for two-, three- and four-family dwellings shall be as follows:
(a)
The minimum lot area shall be 5,500 square feet per dwelling unit.
[Amended 5-31-1994 by Ord. No. 94-48]
(b)
The minimum front yard setback shall be 25 feet.
(c)
The minimum rear yard setback shall be 30 feet.
(d)
The minimum side yard setback shall be 10 feet, provided that the minimum distance between buildings shall be 25 feet.
(5)
Building height shall be as follows:
(a)
No building or structure utilized for residential use shall exceed 25 feet in height nor contain more than two usable floor levels measured vertically at any point in the building above grade.
(b)
The maximum height of any nonresidential building or structure shall be 35 feet.
M.
Open space and recreation in planned retirement communities shall be as follows:
(1)
A minimum of 25% of the tract area of a planned retirement community shall be designated for common open space and active and passive recreation for the residents of the PRC, provided that the Planning Board in its sole discretion may grant a reduction in the amount of required common open space based upon the following guidelines:
(a)
The Planning Board may reduce the amount of required common open space and recreation to 20% of the tract area of a PRC, provided that the developer of the PRC provides at least one clubhouse or community building for the PRC residents. Said clubhouse(s) shall provide a minimum of six square feet of clubhouse building area for each proposed dwelling unit within the PRC. The clubhouse or community building shall be constructed and operational prior to the issuance of the certificate of occupancy for the dwelling unit representing 50% of the total units in the approved PRC development plan. The development shall post appropriate guaranties, prior to the issuance of any certificates of occupancy within the PRC, to ensure construction of the clubhouse facilities.
(2)
In addition to Subsection M(1)(a) above, the Planning Board may grant reductions in the amount of total common open space required; however, in no case shall such reduction result in the amount of common open space and recreation to be less than 15% of the tract area of the PRC, based upon the following criteria:
(a)
The amount, quality and functionality of passive open space areas to be preserved and/or created are determined by the Board to be sufficient for the PRC residents; and
(b)
The amount, quality and types of active recreation to be provided are determined by the Board to be sufficient.
(3)
Lands used or deeded to public agencies for roads, streets or utilities, including easements, shall not be defined as common open space. However, bodies of water located within the tract may be counted as common open space.
(4)
All lands set aside for open space shall be developed with active and passive recreation facilities to service the needs of the residents of the PRC. The Planning Board shall have complete and final determination as to the adequacy, usefulness and functionality of the lands set aside for open space.
(5)
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas shall be an integral part of the development and shall be located to best suit the purpose for which they are intended.
N.
Off-street parking. Off-street parking requirements within a planned retirement community shall be as follows:
(1)
Off-street parking requirements for dwelling units within a planned retirement community shall be provided in accordance with § 130-81.
[Amended 6-24-1997 by Ord. No. 97-50]
(2)
A minimum of one parking space per 100 square feet of gross floor area of the community building or clubhouse.
(3)
All other uses, in accordance with § 130-81 of the Stafford Township Code.
O.
Improvements. Unless otherwise specified in this section, all public and private on-site and off-site improvements related to the development of a planned retirement community shall be in accordance with the standards, criteria and requirements of this chapter and Chapter 130, Land Use and Development, of the Stafford Township Code.
P.
Streets. With the exception of streets and roadways designated pursuant to the Circulation Plan Element of the Master Plan, which shall be public roadways, streets and roadways within any planned retirement community may be either dedicated to the public use, at the sole option of the Township Council, or privately owned, operated and maintained by a homeowners' association or analogous body. No residential lot or structure shall have direct access to any designated collector roadway contained in the Circulation Plan Element of the Master Plan. Residential lots may have frontage along such Master Plan designated roadways, provided that access to the lot is to be via a local street; and further provided that the required lot depth and required setback from the Master Plan designated roadway are each increased by a minimum of 20 feet, and direct access to the Master Plan roadway from said lots is precluded by appropriate enforceable legal instrument. The Planning Board may require landscaping or supplemental plantings within the additional setback area as required to buffer proposed residences.
Q.
Maintenance and ownership of common property and improvements in planned retirement community. The ownership and maintenance of the common areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the nonprofit corporation statute of the State of New Jersey (Title 15) and formed for that purpose. The developer shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to said association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that, in the event that the association shall cease to function through lack of participation of its members or be dissolved, the Township of Stafford shall have the right by special assessment to assess the owners of property in the development, annually, a sum of money which would be sufficient to pay the taxes on said common properties and improvements and for the proper upkeep, maintenance and preservation of the same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township of Stafford by resolution duly adopted at a regular meeting of the Township Council and except upon proper notice being given by the developer, association or any other party in interest and to all lot owners of property in the PRC. A statement containing the provisions of this section shall be filed with the Clerk of Ocean County as part of the Declaration of Covenants, Conditions and Restrictions. In addition, any contract of sale to any prospective purchaser by the developer shall contain a contract provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.
R.
Planned mobile home park retirement community. Planned mobile home park retirement communities may be permitted in those zones specified, subject to the issuances of a conditional use permit in accordance with the following conditions:
[Added 9-5-1995 by Ord. No. 95-84]
(1)
A planned mobile home park retirement community shall be an area developed according to a plan as a single entity for the benefit of the permanent senior citizen residents as contained in the Fair Housing Act, as amended in 1988.[7]
[7]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2)
The minimum area of a planned mobile home park retirement community shall be 100 contiguous acres.
(3)
The planned mobile home park retirement community shall be serviced by public sewer and water facilities.
(4)
There shall not be more than 4 1/2 dwelling units per gross acre of the planned mobile home park retirement community.
(5)
The planned mobile home park retirement community shall have access to a collector road designed and constructed in accordance with the Circulation Plan Element of the Master Plan, and said collector road shall have connection with Route 72 at a location consistent with the Circulation Plan Element of the Master Plan and approved by the Township, the Planning Board and New Jersey Department of Transportation (NJDOT).
(6)
Twenty percent of the units within a planned mobile home park retirement community shall be set aside for occupancy by low- and moderate-income residents. A minimum of 10% of the units within the mobile home park retirement community shall be set aside for occupancy by low-income persons and up to 10% of the units for moderate-income persons, however, additional low-income units may be provided at the developer's discretion.
(7)
The existence of a valid stipulation of settlement agreement between the Township and developer of the planned mobile home park retirement community shall be shown.
S.
The following shall also apply to a planned mobile home retirement community:
[Added 9-5-1995 by Ord. No. 95-84]
(1)
Permitted principal uses shall include the following:
(a)
Detached single-family manufactured or mobile homes.
(b)
Essential services.
(2)
Permitted accessory uses may include the following:
(a)
Recreational and cultural facilities for the use of the residents and their guests, including but not limited to the following: clubhouses/community buildings; swimming pools; tennis courts; shuffleboard and bocce courts; picnic grounds; walkways; and such other amenities as may be required pursuant to the Fair Housing Act.[8]
[8]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(b)
Building and structures for the maintenance and/or administration of the planned mobile home park retirement community.
(c)
Attached or detached garages or carports.
(d)
Fences and walls.
(e)
Gatehouses.
(f)
Sheds (garden, tool or storage).
(g)
Telecommunications center (cable television), subject to applicable state and federal law.
(3)
Required accessory uses shall include off-street parking as follows:
(a)
Off-street parking requirements for dwelling units within a planned mobile home retirement community shall be provided in accordance § 130-81.
[Amended 6-24-1997 by Ord. No. 97-50]
(b)
A minimum of one parking space per 100 square feet of gross floor area of the community building or clubhouse.
(4)
Permitted signs shall be as follows: One freestanding sign or identification structure not to exceed 30 square feet in area for the purpose of identifying the name of the community or project shall be permitted. Where there is more than one main ingress route to a planned mobile home park retirement community, an additional identifying sign may be placed at each such location, up to a total of three identification signs, provided that no such identification sign shall exceed 30 square feet in area or exceed eight feet in height as measured from the adjoining top of curb or edge of pavement, in the event there is no adjoining curb.
(5)
Minimum area, yard and building requirements for a planned mobile home park retirement community shall be as follows:
(a)
No building or structure, other than walls or fences, shall be located within 50 feet of any exterior boundary line of the tract, except where such boundary adjoins commercially zoned property in which case no building or structure shall be located within 35 feet of any exterior boundary.
(b)
No building or structure, other than walls or fences, shall be located within 35 feet of any existing or planned public road.
(c)
Minimum mobile home space area, yard and building requirements shall be as follows:
[1]
The minimum mobile home space area shall be 6,000 square feet.
[2]
The minimum mobile home space width shall be 50 feet as measured at the required front yard setback line.
[3]
The minimum mobile home space frontage shall be 25 feet.
[4]
The minimum mobile home space depth shall be 65 feet.
[5]
The minimum of any mobile home setback from a private roadway shall be 25 feet.
[6]
The minimum distance between units (end to end) shall be 30 feet.
[7]
The minimum distance between units (side to end) shall be 15 feet.
[8]
The minimum distance between units (side to side) shall be 12 feet.
[9]
The maximum height of any structure used for residential purposes shall be 20 feet.
(d)
No accessory building or structure shall be located in any front yard area of a mobile home space and no accessory structure shall be located within 12 feet of a mobile home unit on an adjoining mobile home space or exceed 12 feet in height.
(6)
Active recreation facilities specifically designed to meet the physical and social needs of persons 55 years old or older shall be required. Such recreational facilities shall include as a minimum: a clubhouse/community building of a minimum size of 3,000 square feet; passive recreational (open space) areas; and active recreational facilities, including swimming pool and bocce ball courts (or similar-type sport facility). Passive recreational areas (open space) shall be a minimum of 5% of the total tract area and shall include all buffer areas and stormwater detention and retention areas where resident access is not restricted. Site amenities including but not limited to walkways, benches and tables are encouraged but not required within passive recreational (open space) areas. Bodies of water located within the tract may be counted as open space.
(7)
No mobile home space shall have direct vehicular access to a public street.
(8)
All utilities are to be constructed underground.
(9)
If a planned mobile home retirement community is to be developed in phases (sectionalized) the developer shall submit a phasing (sectionalization) plan. Such phasing (sectionalization) plan shall require the approval of the Planning Board and all final approvals of a phase(s) or section(s) shall be in accordance with the approved phasing (sectionalization) plan. The phasing (sectionalization) of development shall be such that if development of the site were discontinued after completion of any phase (section) of the site, the developed portion of the site would comply with the standards prescribed for a planned mobile home community pursuant to this chapter and adequate circulation, drainage and utility systems provided.
T.
Planned mobile home retirement communities are privately owned and operated facilities intended to improve the Township's overall housing mix and to provide housing to a substantial number of low- and moderate-income senior citizens. This subsection is intended to eliminate, modify or supplement provisions of the Township's development regulations that may generate costs in the development of such housing facilities not essential to protect the public welfare and to facilitate developing and maintaining housing for low- and moderate-income senior citizens. All public and private improvements related to the development of a planned mobile home retirement community shall be in accordance with the standards, criteria and requirements of this chapter and Chapter 130, Land Use and Development, of the Township Code of the Township of Stafford, except as specifically waived, modified or supplemented by the following. Provisions of this subsection shall supersede any conflicting section of this chapter or Chapter 130, Land Use and Development, of the Township Code of the Township of Stafford.
[Added 9-5-1995 by Ord. No. 95-84]
(1)
Buffers. A fifty-foot wide buffer area shall be provided between all existing residential development and any development within the planned mobile home retirement community. A thirty-foot wide buffer area shall be provided in all other areas along the perimeter of the planned mobile home retirement community, except where said perimeter shall be adjacent to commercially zoned property or mobile home development, in which case a fifteen-foot wide buffer shall be provided. A fifteen-foot wide buffer area shall be provided along the entire frontage of any public roadway within or adjoining the planned mobile home park retirement community. No portion of any buffer area shall be utilized for any other purpose or use, except as otherwise specifically provided in this chapter, nor shall any portion of a buffer area be utilized as part of a mobile home space. All buffer areas shall be deed restricted for such purpose.
(2)
Landscaping. Landscaping and clearing shall be in accordance with the provisions of §§ 130-50, 130-51 and 130-52, except as follows:
(a)
The size (height and/or caliper) of any required plant material may be reduced to no less than 75% of the required standard.
(b)
The number of required plantings may be reduced to no less than 60% of the required standard.
(c)
The developer of a planned mobile home park retirement community shall develop and follow a typical planting plan(s) approved by the Planning Board for individual mobile home spaces, which at a minimum shall provide a minimum of two shade trees and/or evergreen trees and 10 shrubs per mobile home space. Shade trees shall be a minimum 1 1/2 inches to two inches caliper, and evergreen trees shall be a minimum of six to eight feet in height. The shade tree/evergreen tree requirement may be waived for individual mobile home spaces where existing trees of equivalent size and location have been preserved as determined and certified by an engineer licensed in the State of New Jersey. Specie selection shall be approved by the Planning Board or its designee.
(d)
All disturbed or unvegetated areas within the planned mobile home retirement community shall be graded with a minimum of four inches of topsoil and stabilized with grass, or in lieu of topsoil and grass, three inches of decorative stone over filter fabric.
(e)
The streetscape provisions of § 130-51B shall not apply to the private streets within a planned mobile home retirement community.
(f)
The developer of a planned mobile home retirement community shall be permitted to transplant plant material on site in lieu of the provision of nursery stock material, provided that said plantings are otherwise in accordance with this subsection.
(g)
Section 130-51D(2) shall not be applicable to a planned mobile home retirement community.
(h)
The provisions of § 130-51H(3) and (4) shall not be applicable to a planned mobile home retirement community.
(i)
The provisions of § 130-51I and J shall not be applicable to a planned mobile home retirement community.
(3)
Private streets and roads. All private roads within the planned mobile home park, including all stormwater management facilities related thereto, shall be constructed, owned, operated and maintained by the developer and be constructed in accordance with the following minimum standards:
(a)
Pavement width shall be 28 feet with no required shoulder to accommodate two ten-foot wide travel lanes and an eight-foot wide area on one side to permit parking. Parking shall be limited to one side on all private streets.
(b)
Pavement cross section shall be a minimum of six inches of Class A or B road gravel and two inches of FABC-1 surface course.
(c)
No curbing shall be required except at key locations, such as street intersections or where required for drainage purposes, to be approved by the Planning Board. No sidewalks shall be required except related to the clubhouse/community building.
(d)
In lieu of the conventional streetlighting requirements set forth in § 130-66B, the developer may elect to utilize an alternative streetlighting system, such as residential lamp posts on individual properties; provided, however, that such alternative system shall provide adequate and safe lighting of all private streets within the planned mobile home retirement community. The developer shall provide an acceptable plan for the continuous operation and maintenance of such alternative streetlighting system.
(4)
Public roads. All roadways within and adjacent to the planned mobile home retirement community designated pursuant to the Circulation Plan Element of the Master Plan shall be public roads and constructed in accordance with the standards of this chapter and Chapter 130 of the Township Code of the Township of Stafford except as follows:
(a)
The pavement width of the Master Plan roads shall be a minimum of 24 feet with two eight-foot wide grassed-over gravel shoulders. The gravel shoulders shall be a minimum of six inches of Type 2, Class B gravel. The pavement cross section for the public roadways shall be in accordance with the requirements for collector streets of § 130-66A(15)(b).
(b)
No curbing shall be required except at key locations, such as street intersections or required for drainage purposes, as approved by the Planning Board. No sidewalks shall be required along public roadways.
(c)
Streetlighting along all public streets constructed as part of a planned mobile home community shall be in accordance with § 130-66B; provided, however, that the locations of required streetlights shall be limited to all new street intersections.
(d)
No parking shall be permitted on any public street constructed as part of a planned mobile home retirement community.
(5)
Stormwater management. The stormwater management system for a planned mobile home retirement community shall be designed and constructed in accordance with the standards and requirements of § 130-74 through 130-78 of the Township Code of the Township of Stafford except as follows:
(a)
Subsurface infiltration systems shall not be mandated. The responsibility for the operation and maintenance of the stormwater management system shall lie with the owner of the planned mobile home retirement community.
(b)
The provisions of § 130-75E(1), (2) and (3) shall not be applicable to a planned mobile home retirement community in lieu of the following requirements:
[1]
Soil borings and the accompanying boring logs and soil analysis in support of construction plans and the stormwater management plan design shall be provided in accordance with the following requirements:
[a]
Borings shall be spaced evenly throughout the tract.
[b]
One boring not less than 10 feet below existing grade shall be made for every 10 acres, or portion thereof, of land within a tract where the seasonal high water table is found to be six feet or more below the existing grade at all boring locations.
[c]
In addition to the above, in those areas where the seasonal high water table is found to be six feet or less below the existing grade, one additional boring per two acres shall be required.
[d]
Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest zero and one-tenth (0.1) foot and shall indicate the estimated seasonal high water table depth, taking soil mottling into consideration.
[2]
Where detention and retention facilities are proposed to be utilized, a minimum of one test pit and one percolation test shall be performed at each such location. For large detention and/or retention facilities, test pits and percolation tests shall be required at a rate of one test pit and one percolation test per three acres of basin size. The test pit and percolation test requirements shall not be applicable to proposed wet basins. The Board Engineer may require additional test pits, not to exceed one per acre, in retention basin areas where soil testing indicates varying soil conditions and/or a seasonal high water table within three feet of the proposed bottom of such basin.
[3]
All test pit reporting and percolation tests shall be prepared under the supervision of a licensed New Jersey professional engineer.
(6)
Performance and maintenance guaranties. The developer of a planned mobile home retirement community shall not be required to post performance or maintenance guaranties for improvements to be owned, operated or maintained by the owner of the planned mobile home retirement community; provided, however, that prior to the issuance of a certificate of occupancy for each and every mobile home unit, the developer shall submit written documentation signed and sealed by a licensed engineer in the State of New Jersey certifying the satisfactory completion of all improvements to the mobile home space and the adjoining street upon which it is located, in accordance with the approved design plans and construction details as part thereof. Required improvements to the mobile home space to be certified as completed shall include but not be limited to all required grading, driveway construction, landscaping and lighting. Improvements to the adjoining street to be certified as satisfactorily completed shall include but not be limited to lighting, utilities, drainage improvements, curbing and final paving from the mobile home space for which a certificate of occupancy is sought, continuously to a section of the roadway previously certified as satisfactorily completed in accordance with approved development plans to an approved and accepted public street. A certification shall also be required as to consistency with the schedule of occupancy of low- and moderate-income households set forth in § 211-25T(11)(c)[2]. Performance guaranties for improvements to be owned by the Township shall not be required; provided, however, that no certificate of occupancy for any mobile home unit shall be issued until the following have been completed:
(a)
A written certification shall have been issued by the Township Engineer that all public improvements within the phase (section) of the planned mobile home retirement community within which the mobile home unit is located have been completed in accordance with the approved development plans and Township standards. The phasing (sectionalization) of the planned mobile home retirement community shall be in accordance with the approved Phasing (sectionalization) Plan.
(b)
The Township Council shall have accepted, or adopted a resolution of intent to accept, said public improvements.
(c)
A maintenance guaranty in accordance with the requirements of § 130-102 shall be required for all public improvements constructed as a result of the development of the planned mobile home retirement community. The provisions of this subsection shall not be construed to require the posting of performance guaranties for any improvements.
(7)
Inspection fees. A developer of a planned mobile home retirement community shall not be required to post inspection fees for improvements to be constructed, owned, operated and maintained by the developer. Inspection fees for public improvements shall be required in accordance with the provisions of § 130-100 of the Township Code of the Township of Stafford, except that the amount and schedule of payment of said fees shall be in accordance with the stipulation of settlement agreement between the Township and developer.
(8)
(Reserved)[9]
[9]
Editor's Note: Former Subsection T(8), Solar access, was repealed 9-17-2002 by Ord. No. 2002-78.
(9)
(Reserved)[10]
[10]
Editor's Note: Former Subsection T(9), Energy conservation, was repealed 9-17-2002 by Ord. No. 2002-78.
(10)
Environmental impact. § 130-94 shall not be applicable to a planned mobile home retirement community; provided, however, that the developer shall provide the Planning Board with a copy of any environmental impact statement and supporting information required by other governmental agencies.
(11)
Affordable housing provisions. The developer/owner of a planned mobile home retirement community shall meet the following requirements related to affordable housing:
(a)
The developer shall set aside 20% of the total number of mobile home units and mobile home spaces within the planned mobile home retirement community for occupancy by low- and moderate-income persons. A minimum 10% of the total units and spaces set aside shall be occupied by low-income persons.
(b)
The low- and moderate-income units and spaces shall not be concentrated but rather shall be evenly placed throughout the mobile home community. The required phasing (sectionalization) plan shall include a designation of the number and location of proposed low- and moderate-income mobile home spaces and such plan shall meet the phasing requirements of the low- and moderate-income units and spaces set forth in Subsection T(11)(d)[2] below.
(c)
All mobile home spaces designated for occupancy by low- and moderate-income persons shall be restricted for such use by deed or other document, in a form approved by the Township's designated legal counsel, for a period of not less than 30 years. Said deed restriction or other document shall be recorded with the Clerk of Ocean County, or appropriate recording agency, prior to the issuance of any building permits for such units. All low- and moderate-income mobile home units shall be subject to resale agreements in a form approved by the Township's designated legal counsel, for a period of not less than 30 years.
(d)
The developer shall submit a plan to be approved by the Township Council to ensure the initial and continuing occupancy of the mobile home units and mobile home spaces set aside for low- and moderate-income households. Such plan shall include as a minimum the following:
[1]
An affirmative marketing plan for the initial sale of the mobile home units and rental of mobile home spaces; continuing marketing after initial sale/rent up; and monitoring reporting. Such affirmative marketing plan shall be consistent with the requirements of N.J.A.C. 5:93-12.
[2]
A plan for the phasing of occupancy of the low- and moderate-income mobile home units and mobile home spaces as follows:
Minimum Percentage of Low- and Moderate-Income Units Completed | Percentage of Market Housing Units Completed | |
|---|---|---|
0 | 25 | |
10 | 25 + 1 unit | |
50 | 50 | |
75 | 75 | |
100 | 90 | |
100 |
[3]
A plan that as a minimum meets the requirements of N.J.A.C. 5:93-7.
[4]
A plan that as a minimum meets the requirements of N.J.A.C. 5:93-9, particularly as to ensuring the affordability of the mobile home units and mobile home spaces over time; income qualification of low- and moderate-income households; placement of low- and moderate-income households upon initial occupancy and as they become available during the period of affordability controls; and resale of mobile home spaces and re-rental of mobile home spaces.
