Wantage Township City Zoning Code
§ 13-24.11
Senior Citizen Housing.
a.
Minimum tract size. 50 contiguous acres, except that any-one owning a parcel of land containing at least four acres which is either an isolated lot, or part of a minor subdivision, may erect a senior citizen duplex on said parcel, providing that parcel satisfies the constraints calculations for two single-family residences using R-1 adjustment factors, and further that the unit meets all setback requirements for the R-1 zone. This unit shall be for use only by those qualifying under the definition of "senior citizen housing". This restriction shall run with the land and be recorded in any deed creating the parcel.
b.
Minimum percentage of the total tract which shall be devoted to dedicated open space shall be no less than 25%.
c.
Noncluster option. Under the noncluster option, developers are entitled to erect one two-family dwelling on each buildable lot, the two units within each dwelling to be permitted to be sold individually to individuals qualifying under the definition of senior citizen housing contained in § 13-2.
1.
Total density shall not be permitted to exceed that which would normally be permissible under current R-1 zone requirements and a developer shall submit a sketch plan employing R-1 density standards including constraints calculations indicating the gross number of units under current R-1 zone requirements.
2.
All nonclustered senior citizen developments, as permitted in subsection 13-24.11c shall comply with the following bulk requirements:
(a)
Minimum lot area - 40,000 square feet for each two unit structure (duplex).
(b)
Minimum lot width - 150 feet except a corner not shall have a minimum frontage of 150 feet on both sides.
(d)
Maximum percentage of lot coverage by impervious surface 25%.
(e)
Maximum height - 2 1/2 stories or 35 feet, whichever is less.
d.
Cluster option. Clustering of units may be permitted provided the following specific requirements are satisfied:
1.
Clustering shall be permitted in only those areas where central sewer and water systems are available.
2.
All open space cluster development shall comply with the following bulk requirements:
(a)
The gross density in any cluster senior citizen development shall not exceed 3 1/2 units per acre and the net density shall not exceed seven units per acre, subject only to the steep slope requirements contained in the subdivision ordinance as regards constraints.
(b)
Multifamily buildings.
(c)
Detached building lots.
(1)
Minimum lot width at street - Single Family - 50 feet.
(2)
Minimum lot width at street - Two Family - 80 feet.
(3)
Minimum lot width at building front line - Single Family - 60 feet.
(4)
Minimum lot width at building front line - Two Family - 90 feet.
(5)
Minimum lot depth - 90 feet.
(6)
Minimum lot area - single family - 6,000 square feet.
(7)
Minimum lot area - two family - 8,100 square feet.
(8)
Minimum distance to tract line - 50 feet.
(9)
Minimum side yard widths - eight feet with a minimum of 20 feet total.
(10)
Minimum front yard - 20 feet.
(11)
Minimum rear yard - 25 feet.
(e)
Deed restrictions. The following specific restrictions shall be included in any deed of conveyance for "senior citizen housing" and shall run with the land in perpetuity. These restrictions are imposed as part of the consideration for allowing "senior citizen housing" erected within the municipality to first be made available to Wantage residents.
(1)
Permanent residents of this unit must be at least 55 years of age, except that the spouse or an immediate member of the family, other than a child of said permanent resident, or a live-in domestic, companion or nurse, may be a permanent resident regardless of his or her age. A maximum of one child, age 18 or older, may also reside as a permanent resident with his or her parent or parents. In no event, however, shall there be more than three permanent residents in one senior citizen residential dwelling unit.
(2)
Any unit designated as senior citizen housing may only be resold to permanent residents meeting the definition of senior citizen as stated above.
(3)
In the event the senior citizen residence is part of a testamentary or intestate conveyance, and those inheriting same do not qualify as senior citizens, these heirs shall not be permitted to live in the dwelling but may rent the dwelling to a qualified senior citizen or shall be forced to sell the unit to a qualified senior citizen.
(4)
In the event of death of the qualifying senior citizen, the remaining spouse may continue to live in the dwelling unit.
(f)
Parking. There shall be a minimum of at least two parking spaces for each residential unit. At least one of the required parking spaces shall be either in a garage or in an area where there is adequate room for a garage to be erected at a subsequent date. The remaining required space shall be provided in the driveway of each dwelling unit, if an additional garage is not provided. Parking garages may be provided as part of the principal building or as an accessory structure.
(g)
Accessory structures. All accessory structures shall meet the following requirements:
e.
Open space.
1.
Areas considered open space. Open space, as required, shall consist of vacant ground and lands approved by the board, which lands and buildings shall be available for parks, or other recreational uses acceptable to the planning board and in harmony with the uses of adjacent and nearby properties.
2.
Except for nonclustered developments, not more than 50% of any water areas such as lakes, ponds, streams, swamps, or brooks shall be recognized in this computation, to assure compliance with the requirements for usable open space for all purposes and pursuits. In determining the area of any of the aforesaid water area, flood plains and areas where the seasonal high water table reaches zero feet shall be deemed to be included in such water area.
3.
Areas not considered as open space. Open space, as required, shall not include yard areas, land area within the right-of-way of public or private streets, and land area between walkways, sidewalks and buildings wherein the principal use of said land is to provide for pedestrian traffic to and from buildings.
f.
Location of open space. Open space areas in a cluster development shall be located in accordance with the following standards:
1.
Streams and their flood plains, natural wetland areas with slopes in excess of 15% and any other environmentally sensitive areas in the tract shall be included in open space areas.
2.
Any unique or unusually attractive feature of terrain or vegetation such as scenic overlooks, level open areas suitable for playing fields, stands of large trees, or areas of particular value as wildlife habitat, shall be included in open space.
3.
Insofar as is possible, consistent with paragraphs 1 and 2 hereof, open space shall be located so as to provide buffers between clusters of dwellings, and between clusters of dwellings and the boundary of the tract.
4.
No individual area devoted to open space shall be less than one acre in area or less than 50 feet in width, at its narrowest point: however, at least one-third of the area shall be at least 100 feet in width.
g.
Maintenance and use of open space areas.
1.
Natural areas. A minimum of 50% of the open space in a cluster development shall be designated and maintained as a natural area.
(a)
Clearing of brush and dead timber shall be required where necessary to eliminate fire hazard.
(b)
Clearing of obstructions or jams from streams or waterways shall be required where necessary to insure unimpeded flow, provided, however, that no channelization shall be permitted.
(c)
Hiking or bicycling trails and bridle paths may be constructed and maintained.
(d)
Tree stands and blinds may be constructed and maintained.
(e)
Chemical agents may be used to control weed growth or algae bloom, or for fish management in lakes and ponds.
(f)
Natural areas shall otherwise be maintained, undisturbed in their natural state. No garbage or debris shall be permitted to accumulate except that leaves, grass and shrub clippings may be deposited in properly located and maintained compost heaps.
2.
Use of natural areas shall be restricted to hunting, fishing, bird watching, hiking, cycling and boating.
3.
No chemically powered engines shall be used in a natural area, except for the performance of functions designated in paragraph 1 hereof.
4.
Active recreation areas. A minimum of 25% of the open space in a cluster development shall be improved and maintained as an active recreation area, which may include lakes or ponds if suitable for water-based recreational uses.
5.
Uses of active recreation areas shall be limited to athletic fields and courts, golf courses, equipped playgrounds, swimming beaches and pools, picnic tables, fireplaces, boat docks, boathouses, sitting and walking areas.
6.
With the exception of lakes or ponds, any area devoted to active recreation shall not be located within 100 feet of the tract boundary or the boundary of a cluster lot.
7.
Active recreation areas shall be planted and landscaped so as to provide ground cover and neat appearance and such plantings shall be maintained and trimmed so as to continue to provide proper ground cover, and free use of the area for its intended purposes. No areas of bare dirt shall be permitted except for properly maintained basepaths or infields on a base-ball field, clay tennis courts, and sand bathing beaches.
8.
All playing surfaces, fences and other improvements or equipment in active recreation areas shall be maintained in good repair.
h.
Where open space is not dedicated to the township or other government entity, the applicant shall establish a property owner's association which shall consist of all owners of lots in the cluster development which shall own and maintain the open space areas. The applicant shall submit, as a part of his subdivision application, a copy of such association's agreement or charter, including, but not limited to, the following information:
1.
Scheme for creation of the organization.
2.
When said organization will assume responsibility.
3.
The duties of the organization.
4.
The method by which the organization will be funded.
5.
Provisions for enforcement of the discharge of duties by the organization.
6.
Method by which open space will be maintained in perpetuity.
7.
Giving the municipality the right to enforce all covenants and restrictions.
i.
The property owner's association shall not dispose of any open space areas without first offering to dedicate it to the township.
j.
Additional requirements and conditions. In any approved development, as provided for in this section, the following standards shall apply in addition to all other standards contained in this chapter. In cases of conflict, provision of this section shall apply.
1.
Water and sewer services. Water and sewer services shall be constructed in accordance with applicable regulations of the Public Utilities Commission and in accordance with all State, county and municipal regulations. In the event of conflict between the various codes and requirements of said entities, the more restrictive regulation shall govern.
2.
Central sewage disposal plant. Sewage disposal shall be by means of a central sewage disposal plant. Such disposal plant shall be in accordance with the requirements of the Department of Environmental Protection of the State of New Jersey and all county and municipal agencies having jurisdiction. Such disposal plant shall be constructed in accordance with the requirements of the Department of Environmental Protection, and all other agencies having jurisdiction.
3.
Central water system. Potable water shall be provided by means of a central water system. Such water system shall be in accordance with the requirements of the Department of Environmental Protection of the State of New Jersey and all other agencies having jurisdiction. Such central water systems shall be constructed in accordance with the requirements of the Department of Environmental Protection, and all other agencies having jurisdiction.
4.
Approval of water and sewage systems. The proposed water and sewer system shall be approved by the township board of health before any building permit shall be issued, notwithstanding approval of any other agency whether State or county, unless the board of health of the township shall certify that the approval of such other approving agency is sufficient in its opinion that no further approval by the municipal board is required.
5.
Indoor social, cultural, recreational and meeting facilities shall be required. The gross floor area devoted to such usage shall be not less than 10 square feet for each residential dwelling unit.
6.
Appropriate provisions shall be made for private garbage and trash collection and for the private maintenance of all interior roads and streets (including snow removal), recreational facilities, and all building and land areas owned in common by residents of the development. In addition, provisions shall be made to permit the township, at its option, to perform or cause to be performed such services in the event of the continued failure of performance of same by the private association or other entity charged with such responsibility, all at the cost and expense of the owners of the project.
7.
The overall design, road patterns, recreational facilities, and site locations of buildings must be submitted to the planning board for site plan and/or subdivision approval and the board shall have the right to approve the general design so as to obtain aesthetic harmony. Buildings, sizes, shapes, site positions and architectural design may be considered along with the landscaping and natural features. The following criteria also may be taken into consideration:
(a)
Visual consideration of a variation in exterior finishes of structures.
(b)
Mix of architectural designs and elevations to insure a harmonious blend.
(c)
Landscaping, preservation of existing vegetation, and location of trees.
(d)
Convenience of parking areas for use of occupants and screening thereof with adequate landscaping or fence.
8.
Traffic circulation. The minimum width of rights-of-way, between curb lines, which provide circulation through any development, shall be 50 feet. The actual width to be provided for any individual street shall be determined by professional traffic forecasts, analysis of anticipated movements and individual design in each case. As a minimum, such design shall be based on estimated traffic, 20 years after construction, and shall provide sufficient lanes so the anticipated volume for any lane shall not exceed 900 vehicles per hour and shall provide breakdown (shoulder or parking) areas in addition to traffic lanes and all designs shall be subject to the review and approval of any county or State agencies having jurisdiction and to the approval of the township engineer. The minimum width between curb lines of interior roads within a senior citizen development, not be dedicated for public use, shall be as follows:
9.
Top soil shall not be removed from the site during construction but shall be stored and redistributed to areas most exposed to view and such areas shall be stabilized by seeding and planting. This requirement may be waived by the approving authority should the topography and special conditions of the proposed development not require such redistribution.
10.
Suitable landscaping and buffering shall be provided around all projects so as to provide a screen of the project from municipal, county or state roads running adjacent to the site.