(A) Minor residential subdivisions and public safety facilities are not subject to the requirements of this chapter. Except as specifically provided in this section, all other applications for development, whether for county or municipal facilities, or private sector projects, are required to obtain APFO approval.
(B) The first 5 lots from an original parcel created by resubdivisions occurring after December 1, 1991.
(C) Developments that meet the requirements of this chapter at the time of preliminary subdivision approval do not have to comply with the provisions of this chapter at the time of site plan approval.
(D) Any project which qualifies as “housing for older persons” defined in § 1-20-5 hereof, and which meets the following criteria shall be exempt from the school adequacy requirements of this chapter.
(1) If the proposed project is a PUD or MXD that is not an adaptive reuse project, all or a portion of the project must have been designated as an Age-Restricted Community at Phase I in accordance with § 1-19-10.500.10 of the Zoning Ordinance.
(2) The proposed project must comply with the minimum age restriction, as stated in the Fair Housing Act requirements for housing for older persons, and thereby maintain an exemption from the prohibition against familial status discrimination, such that children will be excluded as residents.
(3) The zoning certificate, site plan and subdivision approvals shall require occupancy of each residential unit:
(a) Solely by persons age 62 and older; or
(b) By at least one person age 55 or older, provided that the following criteria are met:
1. At least 80% of the occupied units are occupied by at least one person who is 55 years of age or older; and
2. The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph (b); and
3. The housing facility or community complies with rules issued by the Secretary of Housing and Urban Development for verification of occupancy, as set forth in the Fair Housing Act, 42 U.S.C. § 3607 et seq.
(4) The proposed project shall be located in an area that will be served by both public water and sewer within a designated growth area and shall not be located within an area to be served by well or septic.
(5) The construction and development of the project must include a full program of amenities and other activities for older persons. At a minimum, the amenities must include:
(a) A trail system, walking paths, and sidewalks for pedestrian accessibility;
(b) A clubhouse/multi-purpose building(s) or equivalent space sized at 20 square feet for every dwelling unit. A minimum of 1,500 sq. ft. must be provided. The maximum square footage required shall be 20,000 square feet;
(c) Active recreational open space (for the purpose of providing amenities, including but not limited to, a swimming pool, tennis courts, chip and putt course, bocce courts, horseshoe pits, and/or similar active recreational amenities at a rate of 1/3 acre per 100 dwelling units. A minimum of 1 acre must be provided. A single large-scale amenity, such as a golf course, may not be proposed as the sole means to satisfy this requirement. Only the physical structure (i.e. footprint) of the clubhouse/multi-purpose building(s), not the parking area(s), will be considered in determining the area of active recreational open space;
(d) Passive recreational space, including but not limited to, picnic areas, gazebos, pocket parks and/or other similar passive recreational amenities; and
(e) An appropriate phasing schedule in each phase of development to meet the needs of the residents.
(6) If the age-restricted community is an adaptive reuse of an existing structure or structures, or if, due to unusual circumstances of shape and topography or other physical features or conditions of the development, or because of the nature of adjacent developments, or due to the existence of resources that will be shared with adjacent developments, extraordinary hardship will result from strict compliance with the requirements set forth in subsections (F)(5)(a) through (F)(5)(d) of this section, the Planning Commission may grant a modification of these requirements. The applicant must submit a justification statement with its request for the modification, together with evidence that the development meets the requirements stated above for the requested modification. However, the Planning Commission may not grant a modification that will have the effect of substantially altering or nullifying the intent and purpose of this section. In granting modifications, the Planning Commission may require such conditions as are deemed necessary by the Planning Commission in its sole judgment.
(7) Prior to granting APFO approval for the project, the County Planning Commission must review and approve the proposed restrictive covenants applicable to the project to ensure that the project is limited exclusively to housing for older persons as specified under subsection (F)(3) above, and excludes secondary school-aged or younger children from residency. These covenants must require that appropriate enforcement mechanisms be in place to enforce the age restriction and also ensure compliance with the requirements to qualify as housing for older persons under the Fair Housing Act. The restrictive covenants must also provide that any subsequent revisions or modifications of the covenants pertaining to age limits for occupancy shall be submitted to the Planning Commission for approval prior to recordation. These revisions or modifications will require the re-approval of the Phase II plan, site plan, zoning certificate, and subdivision plat(s), as necessary.
(8) Prior to recordation of subdivision plats and issuance of building permits or the zoning certificate for the project, the restrictive covenants described above in subsection (F)(7) must be recorded in the county land records.
(9) Before any revision or modification to the project at any time in the future, whether the project is built out and occupied or not, which has the effect of removing or substantially modifying the age restriction for residents, the project must first comply with the schools adequacy requirements under this chapter.
(10) Any project approved under this section shall meet the requirements of the sections of this chapter requiring that roads, public water and sewerage facilities be adequate.
(11) "Appropriate enforcement mechanisms" as used in this section means that the restrictive covenants for the project require the homeowners association or similar entity, through a property management agent, to enforce the age restrictions and ensure compliance with the requirements to qualify as housing for older persons under the Fair Housing Act such that secondary school-aged or younger children will be excluded as residents. If more than 1 homeowners association or similar entity is established for the project, then the homeowners association or similar entity governing the housing for older persons project shall have the primary responsibility for enforcing the age restrictions and ensuring compliance with the requirements to qualify as housing for older persons under the Fair Housing Act such that secondary school-aged or younger children shall be excluded as residents.
(Ord. 98-03-205, 3-17-1998; Ord. 02-04-300, 3-5-2002; Ord. 07-04-444, 2-20-2007; Ord. 07-21-461, 6-12-2007; Ord. 07-26-466, 8-7-2007; Ord. 08-02-478, 1-8-2008; Ord. 08-20-496, 7-17-2008; Ord. 08-26-502, 10-14-2008; Ord. 09-20-524, 7-7-2009; Ord. 10-26-561, 11-9-2010; Ord. 11-17-583, 7-19-2011; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 22-17, 10-25-2022)