West Caldwell City Zoning Code
§ 20-17.20
Continuing Care Retirement Communities.
[Ord. No. 1209 § 11; Ord. No. 1283 §§ 1-4; Ord. No. 1580 § XIII; Ord. No. 1745 § 5; Ord. No. 1797-2017 § 6]
a.
Objectives and Purposes. The objectives and purposes of continuing care retirement communities are to encourage a variety of housing resources for senior citizens consistent with the Land Use Plan and Housing Plan of the Township of West Caldwell; to provide for the transitional residency of elderly persons progressing from independent living in individual dwelling units to congregate apartment living where residents are provided limited daily assistance and share common meals, and culminating in a full-time nursing care facility; to encourage flexibility in the design, layout and development of residential land; to provide for a variety of housing types at locations which will promote the safe, efficient, economical and reasonable extension of municipal services while providing for the protection and enhancement of the natural environment as well as protection for existing uses in the surrounding neighborhoods and the conservation of property values in those neighborhoods.
b.
Definitions.
1.
Continuing care retirement community shall mean a facility licensed by the State of New Jersey to furnish transitional residency for eligible elderly persons, including independent living units, assisted living units and nursing care units, as hereinafter defined. Such facility shall provide basic life-support services (including meals, housekeeping and medical care), personal and professional services, and communal recreational, social and cultural activities.
2.
Independent living unit shall mean one or more connected rooms which contain living, sleeping, kitchen and sanitary facilities, where all residents, pursuant to Subsection c of this subsection, are capable of living independently without continuing medical or physical assistance exceeding defined levels, and where residents dine privately and/or in a communal dining area.
3.
Assisted living unit shall mean one or more connected rooms which contain living, sleeping and sanitary facilities, where all residents, pursuant to Subsection c of this subsection, are ambulatory but one or more require a defined level of assistance in normal daily living activities and/or require a defined level of health care, between nursing care and independent living, by in-house staff. Such residents shall otherwise be physically and mentally able to live independently and may regularly dine in a communal dining area.
4.
Nursing care unit shall mean one bed and associated facilities, where each resident, pursuant to Subsection c of this subsection, by reason of advanced age, chronic illness or infirmity, is unable to care for himself or herself and requires full-time convalescent or chronic care. Such residency shall be limited pursuant to the provisions of Subsection 20-17.14.
c.
Occupant Eligibility. Occupancy is restricted to persons 65 years of age or older except that occupancy of independent living units and assisted living units only may also include the following:
d.
Lot, Yard and Bulk Standards.
1.
The minimum lot area shall be 25 acres.
2.
The minimum lot depth shall be 1,300 feet, and the minimum lot width and lot frontage shall be 600 feet.
3.
The minimum front yard shall be 100 feet, and the minimum rear yard shall be 100 feet.
4.
There shall be two side yards, neither of which shall be less than 50 feet.
5.
The minimum side yards and rear yard required herein shall not include buffer areas required pursuant to Subsection e of this subsection, except that the buffer areas may be applied to the aggregate side yard requirement.
6.
The height of any principal building having a sloping roof shall not be greater than 35 feet or 2 1/2 stories. The height of any principal building having a flat roof shall not be greater than 28 feet or two stories. Building height shall be measured pursuant to § 18A-5 of the Land Use Procedures Ordinance of the Township of West Caldwell.
7.
Notwithstanding the provisions of Subsection 20-21.7, more than one principal structure may be permitted on the property, provided that the primary use of any such additional principal structures shall be for independent living units only. When more than one principal structure is located on the property, the minimum distance between any two such structures shall not be less than as required under the following formula:
S — 5 | = | LA + LB + 2 (HA + HB) LA + LB + 2 (HA + HB) LA + LB + 2 (HA + HB) |
where | ||
S | = | Required minimum horizontal distance between any wall of Building A, at any given level, and the nearest facing wall of Building B, at any given level. |
LA | = | Total length of the nearest wall of Building A facing Building B. |
LB | = | Total length of the nearest wall of Building B facing Building A. |
HA | = | Average height above finished grade of the nearest wall of Building A facing Building B. |
HB | = | Average height above finished grade of the nearest wall of Building B facing Building A. |
Notwithstanding the foregoing, no part of any principal building shall be nearer than 25 feet to any other principal building on the property, except that no part of the front or rear of any principal building shall be nearer than 50 feet to any part of the front or rear of any other principal building on the property. |
8.
Where a court is provided, it shall have a minimum dimension of 40 feet or 1-1/2 times the average height above finished grade of the highest facing building wall, whichever is greater. In no event shall facing window walls within the same building be closer than 50 feet.
9.
The maximum floor area ratio permitted under this subsection shall not exceed 1/2, as defined and measured pursuant to § 18A-5 of the Land Use Procedures Ordinance of the Township of West Caldwell.
10.
No continuing care retirement community shall be located on any lot which is within 1,500 feet from the nearest property line of any lot upon which is erected an existing continuing care retirement community.
e.
Open Space and Buffer Areas.
1.
Common open space of not less than 25% of the total land area of the property shall be provided. Areas designated as buffer areas, sidewalks, roads and parking areas shall not be included as common open space. Common open space shall include landscaped areas and paved or improved areas for active and passive use and enjoyment.
2.
Maximum building coverage shall not exceed 25% of the total lot area, nor more than 50% of that portion of the property not located within a designated flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell.
[Ord. No. 1797-2017 § 6]
3.
On-site buffer areas having a minimum depth of 30 feet shall be provided along the side and rear lot lines of the property, pursuant to the provisions of Subsection 20-21.1.
4.
Pursuant to the provisions of Subsection 20-20.2 no dwelling or living unit nor, for the purposes of this subsection, any facility providing medical, food or other life-support services shall be permitted within any flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell.
f.
Regulation of Uses.
1.
The maximum number of independent living units permitted in any one continuing care retirement community shall not exceed 10 units per acre. In no event shall the sum of independent housing units, assisted living units and nursing care units in any one continuing care retirement community exceed a total of 480 units.
2.
The allocation of the quantity of dwelling units as a percentage of the total sum of all independent living units, assisted living units and nursing care units in any continuing care retirement community shall conform to the following limits:
Percent | ||
|---|---|---|
Dwelling Type | Minimum | Maximum |
Independent living units | 60 | 80 |
Assisted living units | 10 | 20 |
In addition to the above referenced limitations, the total number of nursing care units shall not exceed 25% of the total number of independent living units and assisted living units in any continuing care retirement community. |
3.
The minimum floor area of any assisted living unit shall be 350 square feet. The minimum floor area of any independent living unit shall not be less than the following:
Number of Bedrooms | Minimum Floor Area per Dwelling Unit (square feet) |
|---|---|
0 | 450 |
1 | 650 |
2 | 800 |
3** | 1000 |
**or 2 bedrooms plus 1 den. |
In addition to the above referenced requirements, at least 75% of the total number of independent living units in any continuing care retirement community shall contain at least one bedroom. For the purposes of this subsubsection, the term "bedroom" shall mean and include any room other than a main living room, kitchen, dinette or dining room, bathroom, closet, foyer or hallway. |
4.
The Township agency may allow a limited number of independent living units to be designated for the use of on-site management or medical employees, including each such employee's immediate family. Notwithstanding the provisions of Subsection c of this subsection, such residents shall not be restricted as to age.
5.
For the purposes of this subsection, permitted ancillary uses shall be limited to convenience stores, retail gift shops, and professional and personal services, provided:
(a)
Such uses shall be centrally located within the community in buildings, or portions thereof, that are architecturally compatible with the residential portion of the development and shall be intended for the primary use and benefit of the residents and employees of the continuing care retirement community and their guests, and
(b)
There shall be no signs advertising such uses which are visible from the street or adjacent properties, and there shall be no media advertising related thereto, and
(c)
The floor area of such ancillary uses shall not exceed 2% of the total floor area of the independent living units in the community.
For the purposes of this subsection, rooms or areas used for common dining, kitchen, administrative, therapy, storage, corridors, lounges, mail, workshop, and related activities, as well as rooms or areas used for medical, recreational or social purposes are considered necessary supporting facilities and activities to a continuing care retirement community and are not considered ancillary uses as hereinabove defined and regulated.
6.
Notwithstanding the provisions of Subsection f of Subsection 20-24.3, two free-standing identification signs identifying a continuing care retirement community may be located in the front yard, provided such sign is set back at least 15 feet from the front property line. Such sign shall not exceed 3/4 square feet in area per foot of sign set back from the front property line, except that no such sign shall be required to be less than 12 square feet nor permitted to be greater than 30 square feet. The lower edge of any such free standing sign shall not be more than two feet above the ground surface.
g.
Parking, Traffic and Circulation.
1.
For traffic safety and to facilitate access for outside services, visitations and health emergencies, all continuing care retirement communities shall be located on a lot having primary ingress and egress from a county road or equivalent major arterial roadway and at a traffic-signal controlled intersection.
2.
No parking shall be permitted within the front yard nor in a side yard within 10 feet of the front yard.
3.
Off-street parking spaces and areas shall comply with the provisions of § 20-23, expect as hereinafter provided. Ride-sharing and car pooling programs shall be encouraged, particularly for facility employees. Incentives for participation in such programs shall be at the discretion of facility management. The following minimum number of parking spaces shall be provided:
4.
The minimum number of off-street employee parking spaces required herein may be reduced by up to 15% upon satisfactory demonstration to the Township agency that the implementation of an employee ride-sharing, car pooling or other similar program would justify such reduction. In such event, pursuant to Subsection n of Subsection 20-23.3, a landscaped area shall be reserved that can readily be converted to off-street parking if the aforesaid parking reduction program ceases or is unsuccessful.
5.
A shuttle bus service shall be established by facility management to transport residents of the facility to local shops and services and to transport employees to public transportation at shift breaks.
6.
All interior access roads shall have a minimum paved width of 24 feet and shall provide for two-way traffic flow. There shall be a minimum of two means of access to the site from one or more public streets. In the alternative, the interior roadway shall form a loop connecting a single access to the public street, in which case the access road shall have a minimum paved width of 30 feet equally divided on two sides of a landscaped planting strip which shall extend 100 feet back from the public street.
8.
Parking spaces in any parking area adjacent to a landscaped area, and where the parking angle is 45° or greater, may be reduced to 17-1/2 feet in length, and the width of the landscaped area shall be increased by three feet to permit vehicle overhang without disturbing landscaping.
9.
The traffic generated by facility activities shall not result in a decrease in level of service at the nearest intersections in each direction A traffic impact analysis shall be prepared to analyze the change, if any, on the level of service.
10.
Provision shall be made for separate access to, and discreet location of, loading and unloading areas for outside services provided to the continuing care retirement community (including, but not limited to, ambulance and other emergency services, food delivery, laundry, dumpsters and other trash services) and for adequate screening of such activities.
h.
Exterior Lighting.
1.
All lighting shall provide translucent fixtures with shields around the light source. The light source shall be defined as bulbs or tubes.
2.
The light intensity provided at ground level shall average a maximum of 0.5 foot candles over the entire area with a maximum of one foot candles at any point. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5% of the total quantity of light emitted from the light source. Lights on standards shall be a maximum of 15 feet in height.
3.
All outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences, and overhead sky glow. No lighting source shall be visible from windows, streets and driveways nor shall lighting shine directly into or reflect into windows or onto streets and driveways such as to interfere with driver vision.
4.
No lighting shall have a yellow, red, green or blue color, nor shall any lighting have a rotating, pulsating or other intermittent frequency.
5.
The intensity of light, shielding, direction and reflection of lighting and similar characteristics shall be subject to site plan approval by the Township agency.
6.
The objective of this subsection is to minimize undesirable off-site lighting effects.
i.
Site Design Standards. Specific design standards shall conform to applicable Township ordinances. When reviewing any site plan, and prior to approval thereof, the Township agency shall make the following findings:
1.
The design and arrangement of proposed buildings and parking areas shall include consideration of any aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection and to the visual and functional impact of the proposal on surrounding developments and on contiguous and adjacent buildings and lands.
2.
Buffering shall be located around the perimeter of the site to minimize the impact of lighting, noise, vehicular headlights, and the movement of people and vehicles, as well as to shield on-site activities from adjacent properties, when necessary. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.
3.
Landscaping shall be provided as part of the overall site plan design and shall be integrated into building arrangements, topography, parking and buffering requirements. Landscaping may include trees, bushes, shrubs, ground cover, perennials, annuals and sculpture, and the use of building and paving materials in an imaginative manner.
4.
Sanitary waste disposal and water supply shall be reviewed by the Township Engineer. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to meet sewage requirements and to maintain an adequate supply of water at sufficient pressure. State and local standards regarding the proper and sanitary handling and disposal of all medical waste shall be complied with.
5.
Surface drainage and soil erosion and sediment control proposals shall be reviewed by the Township Engineer. On-site and off-site erosion shall not be caused or worsened either during or after construction. The potential of area or downstream flooding shall not be increased by surface drainage from the site.
6.
The design and arrangement of pedestrian and vehicular traffic movement within and adjacent to the site shall be reviewed with particular emphasis on the provision and layout of parking areas, off-street loading and unloading areas, and the movement of people, goods and vehicles from access roads within the site. Large parking areas shall be subdivided with landscaped aisles for traffic control, pedestrian safety and aesthetic considerations.
7.
All parking areas, as well as individual parking spaces, shall be usable and safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a convenient and safe ingress and egress to the site.
8.
Notwithstanding the provisions of § 20-24, all outdoor signs which are within the Continuing Care Retirement Community shall be designed so as to be harmonious with other signs on the site, sized and located so as to limit their visibility from outside the site and to achieve their purpose without constituting hazards to vehicles and pedestrians. All such signs are subject to application and approval by the Sign Committee which shall determine conformance with this subsection.
9.
Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type and height acceptable to the Township agency. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties. All electric, telephone and similar utilities shall be underground, whenever feasible.
10.
Garbage disposal provisions shall be acceptable in terms of adequate storage facilities, vermin and rodent control and aesthetic considerations. All systems shall meet Township specifications as to installation and construction, including recycling containers and storage facilities. Recycling programs shall conform to all State and local ordinances.
11.
Site and building design shall include appropriate energy conservation techniques. Energy conservation techniques may include, but not be limited to, the siting of structures and site landscaping in relation to sun angles and wind direction, natural ventilation of structures, shading devices, insulation techniques and the use of water-conserving and solar devices and renewable energy sources.
12.
Minimum safety standards required in connection with continuing care retirement community uses shall include the following:
(a)
All areas of public use shall have doors of sufficient width to accommodate wheelchairs.
(b)
In all locations, where appropriate, automatic doors shall be provided to accommodate residents and visitors in wheelchairs.
(c)
Wherever steps are located, ramps or elevators shall also be provided.
(d)
Ramps shall be provided for grades greater than 5%, and ramp gradients shall not exceed 1:12.
(e)
Walkways shall have a minimum width of 48 inches and shall have continuous common surfaces without abrupt changes in level or interruptions due to steps. All walkways shall have non-slip and non-glare surfaces and shall not contain gratings.
(f)
Benches shall be provided along frequently used walkways and shall have backrests and armrests for support to facilitate sitting and standing. Soft materials or wood shall be preferred to hard materials and materials that conduct heat and cold.
(g)
All floors, stairs and ramp surfaces shall have non-slip and non-glare surfaces.
13.
Provision shall be made to eliminate the need for individual television antennas on the roof of any building.
14.
All dwelling units shall be equipped with independent, individually controlled central heating and central air conditioning systems.
j.
Application for Development. All applications for development shall include, in addition to those items required by the Land Use Procedures Ordinance of the Township of West Caldwell, the following:
1.
The layout of the proposed continuing care retirement community, including existing and proposed watercourses, storm water detention facilities, existing utilities available to the site, grade elevations, limits of wooded areas and existing land use of the area within 500 feet of the site.
2.
A written report indicating how the proposed conditional use meets the objectives and purposes set forth in Subsection a of this subsection. The report shall also include sufficient information and data to substantiate that the proposed development would conform with the applicable provisions of the Municipal Land Use Law
[N.J.S.A. 40:55D-45].
3.
The location and size of the site and the nature of the developer's interest in the land proposed to be developed.
4.
The density of land use to be allocated to that part of the site to be developed.
5.
The location and size of all common open spaces, including the extent and nature of all structures and improvements therein.
6.
The use, height, bulk and location of all buildings, structures and improvements.
7.
A written feasibility and design study encompassing detailed drainage calculations for each structure and reach of pipe or channel, analysis of capabilities of off-site utilities, soil, slope and geological studies, traffic analysis and design, and a plan of the design for proposals for the disposition of sanitary waste and stormwater, and the source and distribution of potable water.
8.
Proposed site grading plan.
9.
Proposed soil erosion and sedimentation control plan.
10.
The substance of covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
11.
The provisions for parking of vehicles and the location and width of proposed streets and public or private ways.
12.
The required modifications in the municipal land use regulations otherwise applicable to the subject property.
13.
The materials to be used on the exterior of all buildings and structures and landscape plans.
14.
Roadway profiles and cross sections.
15.
An Environmental Impact Statement, if required by the Township agency.
16.
A traffic impact analysis showing the impact (level of service) of projected traffic on peak hour traffic volumes on abutting public streets. The effect of projected traffic from site development on the abutting streets shall be analyzed in terms of congestion and safety.
17.
All site plans, subdivision plans and construction plans shall be prepared and certified by a licensed professional engineer and/or a licensed land surveyor, as applicable. Accompanying architectural plans shall be prepared and certified by a registered architect.
18.
Any and all other information and data necessary to insure conformance with all provisions of this subsection.