1. Intent. To further define the Community Development Objectives contained in Chapter 27 Part 1, it is hereby declared to be the intent of this Section with respect to the Age-Restricted Community use to establish standards and criteria to permit an ARC by special exception (§ 27-1004) within the R-1, R-3, and R-4 Zoning Districts of the Township. The following community objectives shall be considered:
A. To recognize housing needs for residents as they get older and life-style preferences changes.
B. To provide for developments consistent with the provisions of the Federal Fair Housing Act amendments of 1988, or as subsequently amended.
C. To provide for such developments consistent with the Township's Comprehensive Plan goals, Community Development Objectives and strategies.
D. To recognize the lesser impacts of smaller households sizes associated with age-restricted communities organized in higher densities.
E. To encourage conservation-based site design resulting in a campus-style development pattern.
F. To encourage the creation of neighborhoods specifically designed for the region's senior residents.
2. Prerequisites for Special Exception Use Application. The following prerequisites shall be met for each application for approval of an age-restricted community:
A. All provisions of the Federal Fair Housing Act amendments of 1988, or as subsequently amended. A minimum of 80% of the dwelling units to be permanently occupied by at least one person age 55 or older; a greater percentage may be so restricted as part of the declaration. No permanent occupant of an age-qualified dwelling unit may be less than 18 years of age.
B. Tract Size. Any tract of ground, or contiguous group of tracts which are the subject of an application for special exception approval as an age-restricted community pursuant to this Section, shall contain a minimum of 60 acres if located within the R-1 Zoning District and 30 acres if located within the R-3 or R-4 Zoning District, exclusive of area within the ultimate rights-of-way of existing public roads.
C. Traffic. A traffic summary shall be submitted pursuant to the Code of Ordinance Chapter 22, § 22-719.
3. Pre-Application Consultation. The Township encourages a pre-application consultation including a concept plan shall be scheduled with appropriate Township staff.
4. Use Regulations. The following use regulations shall apply for an age-restricted community development. Age restricted communities are permitted in the R-1, R-3, and R-4 Zoning Districts and shall permit the following uses:
A. R-1 Zoning District.
(1) Residential Uses.
(a) Single-family detached.
(b) Single-family semi-detached.
(c) Duplex.
B. R-3 and R-4 Zoning Districts.
(1) Residential Uses.
(a) Single-family detached.
(b) Single-family semi-detached.
(c) Single-family attached.
(d) Duplex.
(e) Multi-family.
C. Nonresidential Uses.
(1) Community center.
(2) Outdoor recreational facilities.
(3) Indoor recreational facilities.
(4) Fitness/health spa establishments.
(5) Security office.
(6) Personal services.
(7) Restaurant.
(8) Cafeteria.
(9) Pharmacy.
(10) Other similar uses.
(11) Medical office, health clinic, and similar medical/health professional offices.
5. Use Distribution. The approval of any land development and or subdivision application(s) under this section will be made contingent upon the inclusion of adequate development controls (such as permanent deed restrictions) that are designed to ensure the entire tract will be developed according to the following distribution of uses:
A. R-1, R-3 and R-4 Zoning Districts.
(1) Maximum residential - 70%.
(2) Minimum nonresidential - 5%.
(3) Maximum nonresidential - 35%.
(4) Minimum open space area - 20%.
6. Building Size. Non-residential buildings in the R-1, R-3 and R-4, excluding community center, shall not be larger than 12,000 square feet.
7. Maximum Density. Three units per acre in the R-1 Zoning District, eight units per acre in the R-3 and R-4 Zoning District.
8. Declaration of Restrictive Covenants. A Declaration of Restrictive Covenants must be approved by the Township. Said Declaration shall provide all of the restrictions necessary to assure compliance with the Federal Fair Housing Act amendments of 1988, or as subsequently amended. The following are the minimum requirements for the Declaration:
A. Provisions for the establishment of a Homeowners Association (HOA) or other similar entity as approved by the Township, with mandatory membership by the current owner of each dwelling unit represented in the land development plan.
B. Parties to the Declaration of Restrictive Covenants shall be bound by all restrictions contained therein, and shall include, at a minimum, members of the aforementioned Association(s), developer and all such other parties.
C. Cross Easements. Cross easements shall be included, which shall assure proper circulation throughout the development and access to all common recreation and open space areas, roadways and common parking areas.
D. Maintenance provisions shall be included for any community/recreation center and related facilities, other recreational facilities, circulation network, common parking areas, landscaping and all other areas not individually controlled by the homeowner in fee title.
E. Provisions to ensure that development of any buildings, parking, stormwater management facilities, or other similar improvements, are prohibited on any lots to be utilized solely for open space purposes, as indicated on the most currently approved land development plan.
F. Provisions stipulating each lot owner/resident's rights with respect to common areas.
G. Residency restrictions applicable to a development in an age-restricted community development shall be in accordance with the Federal Fair Housing Act amendments of 1988, or as subsequently amended.
H. Any other outside agency that requires additional regulations to the development that is stricter than existing Township regulations shall apply.
I. No lot or unit shall be transferred without the prior recording of a Declaration of Restrictive Covenants.
J. The development of a community center is strictly for the use of ARC residents and invited guests.
K. Provisions to ensure Township enforcement rights for the common areas if they are not maintained.
(Ord. 2015-06, 9/28/2015)