(A) This section provides a density bonus, where allowed by § 155.068(B), for a residential development that is age restricted in compliance with the federal requirements for “housing for older persons” as specified in the United States Code. (Note: as of 2008, such provisions were in 42 U.S.C. § 3607.) This provision shall not change the allowed dwelling types in the district. This option is available as a by right bonus in any zoning district where dwellings are allowed.
(B) (1) In order to be approved by the township as age restricted residential development, every dwelling unit (except one dwelling unit for one manager) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations:
(a) A minimum of one head of household of each dwelling unit shall be age 55 years or older or who is physically disabled as defined by Social Security disability regulations; and
(b) No person under age 18 shall live in the dwelling unit for more than 60 days in any calendar year, unless such person has a disability as defined under federal fair housing regulations.
(2) Any violation of such age restrictions shall be a violation of this zoning chapter. In addition, in order to be approved as age restricted development, the applicant shall establish an appropriate legal entity, such as a property owners association that has the duty, authority and responsibility to enforce such age restrictions over time. If a household met this requirement at the time of initial occupancy, it shall not be required to move in case of death, divorce or separation of a resident of that same household.
(C) If an entire residential development is approved under this section, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. Alternatively, where density is stated in terms of a maximum number of dwelling units per acre, the maximum density may be increased by 15% under this section. The minimum side yards may also be reduced by 15%. An age restricted residential development shall meet all other requirements of township ordinances, including limitations on the housing types allowed in that zoning district.
(D) This density bonus shall only be approved if the development includes an appropriate system of sidewalks or pathways that is accessible under the Americans With Disabilities Act.
(Ord. 126, passed 3-18-2010)