At least the first 100 feet adjoining any lot line shall not be used for campsites or recreation areas and this buffer area shall be maintained with existing dense vegetation or planted with native species to provide a dense evergreen buffer from adjoining lands.

No less than 40% of the total tract area shall be maintained as open space and recreation areas, which may include required buffer areas. In the case of phased development, this open space requirement shall be met with each phase of the development.

Fescue species.

Smooth bromegrass.

Reed canary grass.

Little bluestem.

Deertongue.

Red top.

Switch grass.

Other varieties shown to be drought and pest resistant.

Strategies to prevent or discourage recurring pest problems, which may include pest resistant turf, modifying microclimates, changing cultural practices, and using various non-chemical control measures;

Selection of pesticides that have low toxicity, low solubility (<30 ppm), high sorption rates (K>300), and short half lives (<21-50 days);

Delineation of high, medium and low maintenance areas and the thresholds of pest damage that the course will accept for each area;

Descriptions of the planned turfgrass;

Identification of local disease, insect and weed problems; and

Identification of aesthetic and functional thresholds for pest and disease.

Private garages and private parking areas.

Storage of recreational vehicles and trailers.

One caretaker residence for a caretaker employed by the ARC and whose time is exclusively devoted to the ARC.

Maintenance facilities as required for the maintenance of the ARC.

Utility facilities.

Customary accessory structures and uses such as detention basins and mailboxes cover areas.

One identification sign for each entrance as regulated in Subsection 20-5.10.

Fences as regulated in Subsection 20-5.3.

Security guard offices and/or entry gates.

Landscaping features including benches, trellises, gazebos and other similar features customarily associated with residential uses, as the case may be.

With respect to townhomes, the distance between two adjacent buildings side to side shall not be less than 30 feet. The distance between two adjacent buildings rear to rear shall not be less than 50 feet and side to rear shall not be less than 30 feet.

No townhome building shall be designed for or occupied by more than eight dwelling units.

No townhome building shall exceed 180 feet in length in its longest dimension, provided; however, that buildings may exceed the foregoing length so long as they do not contain more than six units. In addition, not more than two consecutive units shall be designed without at least a five-foot offset in the building line.

There shall be no fewer than two exterior wall exposures for each unit, each of which shall be properly placed so as to provide thorough ventilation for each unit.

A multifamily building shall not exceed 180 feet in length; in addition, not more than two consecutive units shall be designed without at least a five-foot offset in the building line.

The distance between multifamily buildings shall be a minimum of 50 feet.

No more than 20 dwelling units shall be contained in a single multifamily building.

Off-street parking spaces and private garages shall be provided in accordance with NJ Residential Site Improvement Standards.

Additional parking shall be provided at the clubhouse or community building with a minimum of one space/200 square feet of building area.

No boats or recreational vehicles shall be stored outside on individual lots with dwellings. An off-street parking lot shall be provided for such vehicles at the ratio of one parking space for each 20 dwelling units. Each parking space shall be a minimum of 15 feet wide by 35 feet long accessed by aisles sufficiently wide to allow parking and removal of vehicles without damage to adjoining parked vehicles.

Location of parking areas. Off-street parking facilities are permitted provided that parking areas shall be set back a minimum of 25 feet from the side and rear tract perimeter boundaries and no parking shall be located within the front yard tract boundary setback area.

Design of off-street parking shall be in compliance with Subsection 20-5.7.

Loading. No fewer than one loading zone area measuring 20 feet by 50 feet shall be provided for safe loading and unloading, isolated from pedestrian and patron vehicular movements, for each nonresidential building.

Vehicular access. No direct access to any residential unit shall be permitted from any public street or highway at the perimeters of the ARC tract. Direct access to residential units may be permitted to local roads on the interior of the ARC tract.

Pedestrian circulation. There shall be an adequate system of pedestrian walks serving all facilities within the development, providing access to residential units, accessory structures, parking areas, open spaces, commercial facilities, recreational and other communal facilities and along vehicular roadways as deemed necessary by the Planning Board.

Lighting and fire safety shall be in compliance with Subsection 20-5.5.

Lighting fixtures and poles shall be compatible and complementary to the architectural design of the development.

Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.

Landscaping may include plant materials such as trees, shrubs, ground cover, perennials and annuals and other materials such as rocks, water, sculpture, art, walls, fences, and building and paving materials.

Landscaping plan. A landscaping plan shall be submitted with each site plan application, unless an exception is granted. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.

Site protection and general planting requirements; removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips they may, subject to approval of the Planning Board Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of site-generated new construction wastes on site as long as the conditions set forth in N.J.A.C. 7:26-1.7 are met.

Preservation of existing trees. Design of the development shall be arranged with particular attention paid to the conservation of existing vegetation. A maximum effort should be made to preserve fine specimen trees. Woodland areas covering one acre or more in which 30% or more of the trees have an eight-inch or greater caliper or any grove of 10 or more trees having an eight-inch or greater caliper shall be conserved whenever possible. All trees having an eight-inch caliper or greater within portion(s) of the tract to be disturbed as part of the proposed development shall be mapped.

Protection of existing plantings. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

Additional landscaping. Additional planting or landscaping elements shall be required throughout the project where necessary for climate control, for privacy or for aesthetic reasons in accordance with a planting plan approved by the Planning Board. All areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved by the Planning Board.

Planting specifications. Deciduous trees shall have at least a three-inch caliper at planting. Wherever possible, on-site vegetation shall be used to meet the requirements of this subsection. Where on-site vegetation is insufficient to meet the requirements, nursery-grown materials shall be acceptable. All trees, shrubs and ground cover shall be planted according to acceptable horticulture standards. The developer shall replace dead or dying plants during the following planting season.

Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.

Walls and fences shall be erected where required for privacy, screening, separation or security or to serve other necessary functions. Design and materials shall be functional. They shall compliment the character of the size and type of building and they shall be suited to the nature of the project.

No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

Open space area. That portion of the tract delineated as open space whether designated for public or private ownership, shall have a contiguous area of not less than 15% of the tract area. This open space specifically does not include private open space for the attached or detached dwellings nor does the contiguous open space area include buildings.

Recreation facilities shall be provided for use by the residents shall include the following facilities:

Such association shall not be dissolved and shall not dispose of any lands and/or improvements, by sale or otherwise, except to an organization conceived and established to own and maintain the land and improvements, for the benefit of the ARC development, and thereafter such organization shall not be dissolved or dispose of its holdings without first offering to dedicate the same to the Township of Upper.

In the event that such organization shall fail to maintain its premises in reasonable order and condition, the Governing Body may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the land and improvements in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Governing Body may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the Governing Body, in order to preserve and maintain the premises for a period of one year, may enter upon and maintain such land and improvements. Said entry and maintenance shall not vest in the public any rights to use the premises except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Governing Body shall, upon its initiative, or upon the request of the organization theretofore responsible for the maintenance of the premises, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Governing Body, at which bearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Governing Body shall determine that such organization is ready and able to maintain said premises in reasonable condition, the Township shall cease to maintain said premises at the end of said year. If the Governing Body shall determine that such organization is not ready and able to maintain said premises in a reasonable condition, the Township may, in its discretion, continue to maintain said premises during the next succeeding year, subject to similar hearing and determination in each year thereafter. The decision of the Governing Body in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development the owners of which have the right of enjoyment of the premises, in accordance with assessed value at the time of imposition of the lien and shall, become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and, shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

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 site plan or 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.

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 bylaws, 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.

Certification of compliance. As a condition of preliminary and final site plan/subdivision approval, a developer in the ARC District shall submit a certification of compliance acceptable to the Planning Board which states that the developer is in compliance with the requirements of the Fair Housing Amendment Act of 1988 and will be in compliance to the extent possible and feasible with such further amendments of the Fair Housing Act as are applicable. The certification of compliance shall also contain a hold harmless and indemnification provision protecting the Township of Upper from any and all civil rights or other lawsuits arising out of the developer's or its successor in title's failure to comply with the Fair Housing Amendment Act of 1988 and amendments thereto.

Prior to the issuance of certificates of occupancies as a condition of an initial or a change in the occupancy, tenancy or nature of use, the Zoning Officer shall verify compliance with the age restrictions, established by this paragraph for residents of the ARC. Upon application for a Certificate of Occupancy, all prospective occupants of the respective residential or institutionalized-care units shall furnish conclusive proof of age, such as a certified birth certificate, to the Zoning Officer.

Any conveyance of property or property rights by the developer, its successors or assigns in an ARC Zone must contain deed restrictions, which put the transferee on notice that the occupancy of property in the ARC Zone, is age-restricted. Further, additional notice must be given that a Certificate of Occupancy issued by the Upper Township Construction Official is required each time before occupancy, tenancy or use may commence or change.

Prior to the sale of any units within the ARC, the developer shall execute and record a declaration of covenants and restrictions as approved by the Planning Board, by the terms of which all lands within the ARC and the owners thereof shall be, at all times, bound to certain uniform requirements and standards for the maintenance and repair of the common elements and limited common elements as defined in N.J.S.A. 46:8B-1 et seq.

The deed of conveyance for all residential units in the ARC Zone shall, among other things, provide that no exterior alterations or improvements shall be made to a unit without prior approval of the association of homeowners created in the declaration of covenants and restrictions. The maintenance of the common elements and limited common elements shall be the responsibility of the association of homeowners created in the declaration of covenants and restrictions. There shall be no detached accessory structures permitted on the premises. There shall be no parking of trailers, boats or commercial vehicles, other than in enclosed garages or in special parking areas, on the premises.

Construction scheduling and permits. All recreation facilities and community building(s) shall be fully operational prior to the issuance of 100 Certificates of Occupancy or the issuance of building permits for 50% of the approved dwellings, whichever shall occur first.

The Planning Board shall have the power to grant such exceptions from the above improvement requirements as may be reasonable if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

Outdoor recreational facilities such as shuffleboard courts, bocce courts or putting greens;

Indoor recreation facilities with a minimum area of 500 square feet (for movies, board games etc.);

Physical therapy facilities with a minimum area of 200 square feet;

Library with a minimum area of 200 square feet;

Congregate dining facilities with the minimum area of 3.33 square feet per person based upon the maximum number of permitted residents of the facility;

Health care facilities and services including but not limited to security facilities, administrative offices, personal care services, storage and maintenance facilities used only to provide administrative services for the assisted living residence;

Gift shops/convenience shops with personal hygiene aids, sundries and reading materials;

Laundry rooms (one for each 30 units with a minimum of one per floor);

A chapel with a minimum area of 250 square feet;

An indoor exercise area with a minimum area of 400 square feet;

Food preparation and congregate dining facilities;

Linen service and housekeeping facilities;

Barber shop and beauty parlor (optional);

Other uses as customarily associated with and subordinate to the principal permitted use; however, all support facilities, functions and services shall be designed and available only for the use and benefit of resident users of the assisted living residence and their guests.

Ramps shall be provided leading to all structures.

Grab bars shall be provided besides toilets, and bathtubs or shower stalls.

Dwelling units shall be designed and constructed so as to be free of architectural barriers, which should prohibit or limit access to or utilization of the dwelling units by physically handicapped or disabled individuals.

The use of stairways shall be minimized.