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Age Restricted Affordable Housing SECTION-10.20 AGE-RESTRICTED AFFORDABLE HOUSING ZONE A. Minimum Tract Size Age-restricted affordable housing developments are permitted on tracts of land at least 14.0 acres in size within the "ARAH" Age-Restricted Affordable Housing zoning district. B. Age Restrictions 1. Except as permitted under the requirements of "Housing For Older Persons", as set forth in 42.U.S.C.3601 et seq. of the Federal Housing Act, as amended, and regulations promulgated thereunder, all dwelling units within an age-restricted affordable housing development shall be deed restricted by the master deed for occupancy by households with at least one (1) person fifty-five (55) years of age or older and with no person less than nineteen (19) years of age, provided that visitors less than nineteen (19) years of age are permitted for no more than eight (8) weeks during any twelve (12) month time period. 2. The wording of the required master deed restriction shall be submitted by the applicant to the Planning Board for review as part of the application for final site plan approval, and the wording shall be reviewed, modified as necessary, and finally approved by the Borough Council and incorporated within a developer's agreement between the developer and the Borough Council as a condition of any final approval granted by the Planning Board for an age-restricted affordable housing development. 3. The wording of the required master deed restriction as finally approved by the Borough Council shall be recited in the Master Deed and the Homeowners' Association by-laws, which also shall be reviewed and approved by the Borough Council and Planning Board as a condition of any final approval granted by the Planning Board for an age-restricted affordable housing development. C. Maximum Density, Number & Location of Dwelling Units Permitted 1. The density of the development shall not exceed 2.8 dwelling units per gross acre of the entire tract, provided that, in any case, no more than 39 dwelling units shall be permitted. 2. Except for the parking area and pathway network required via Subsection 10.20 F. of this ordinance herein below, all development of the dwelling units and related uses and improvements shall be constructed only on Block 58/Lots 56, 57, 58, 59 & 60. D. Permitted Principal & Accessory Uses 1. Townhouses, which shall include 32 market-rate units. 2. Garden Apartments, which shall include 7 units set aside for occupancy by qualified "low" and "moderate" income households in accordance with all applicable requirements and restrictions specified in the "Uniform Housing Affordability Controls" document (N.J.A.C. 5:80-26.1, et seq.) as adopted by the New Jersey Council On Affordable Housing (COAH). 3. Conservations areas, public parks, and common open spaces in accordance with Subsection 10.20 F. herein below. 4. Off-street parking in accordance with the provisions of Subsection 10.20 G. herein below. 5. Signs in accordance with the provisions of Subsection 10.20 H. herein below. 6. Balconies and patios. 7. Courtyards, which shall be patios enclosed on all sides by building walls and/or fences, walls or hedges not exceeding five feet (5') in height, except for decorative elements specifically approved by the Planning Board which shall not exceed seven feet (7') in height and two feet (2') in width. 8. A sales/construction trailer as may be specifically approved by the Planning Board, provided that such trailer shall be removed by the developer prior to the issuance by the Borough of the last Certificate of Occupancy. 9. Trailers of contractors actively engaged in construction of the development, in locations specifically approved by the Planning Board, and provided that such trailers are removed when the related construction activity is completed. E. Building Site Design Requirements 1. All buildings shall be setback at least thirty-five feet (35') from Oceanport Avenue, at least thirty feet (30') from Eastview Avenue, and at least twenty-five feet (25') from all other perimeter boundaries of the portion of the overall tract being developed, and no parking shall be permitted in these setback areas. 2. Buildings shall be separated by at least twenty feet (20'), except that buildings shall be separated side to side by at least forty feet (40') and rear to rear by at least thirty-five feet (35'). 3. Non garaged parking spaces shall be no closer than fifteen feet (15') to any building. 4. No building shall exceed a length of two hundred ten feet (210'). 5. No building shall exceed forty feet (40') and three (3) stories in height from existing grades, nor thirty-five feet (35') and three (3) stories in height from proposed grades. 6. Each townhouse unit shall have an attached 2-car garage, which shall not be permitted to be converted to living space, and this restriction shall be included in the Homeowners' Association by-laws and the deeds to the townhouse units. 7. Buildings shall be designed with horizontal and vertical offsets to create a visually attractive development, and shall be oriented in clusters which relate to the tract's topography and natural features. F. Conservation Areas, Parks And Common Open Spaces 1. Lots 20.1, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 & 55 in Block 58, totaling approximately 9.7 acres or approximately sixty-eight percent (68%) of the total tract acreage, shall be offered for dedication to the Borough of Little Silver for conservation/park purposes. a. The land area required to be offered for dedication to the Borough shall include a paved parking area for twenty-five (25) vehicles on an unencumbered portion of the site along Eastview Avenue as approved by the Planning Board and NJDEP. b. Additionally, the land area to be offered for dedication to the Borough shall include a pathway network as approved by the Planning Board and NJDEP, which pathway network shall connect to the adjacent "Challenger Field" recreation area owned by the Borough. 2. All common open space not offered to and/or not accepted by the Borough of Little Silver shall be owned and maintained by a Homeowners' Association as provided in N.J.S.A. 40:55D-43. a. All residents in the development shall be required to be members of the association. b. The association shall be responsible for maintaining and repairing all common elements within the residentially developed portion of the tract, which elements shall be listed in any resolution of site plan approval and which shall be set forth in the Homeowners' Association document and the public offering statement, and shall be incorporated by reference in the contract of sale and deed for each dwelling unit. c. Except as permitted by law, the association shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise. G. Off-Street Parking Off-street parking requirements shall be governed by the New Jersey Residential Site Improvement Standards (RSIS), as follows: 1. 1-Bedroom Townhouses: 1.8 spaces per unit. 2. 2-Bedroom Townhouses: 2.3 spaces per unit. 3. 3-Bedroom Townhouses: 2.4 spaces per unit. 4. 2-Bedroom Garden Apartments: 2.0 spaces per unit. H. Signs 1. One (1) free-standing permanent monument sign shall be permitted at the entrance to the development along Eastview Avenue; the sign shall not exceed eighteen (18’) square feet in area, shall not exceed five feet (5') in height, and shall be setback at least five feet (5') from the street right-of-way. 2. Temporary signs shall be permitted as may be specifically approved by the Planning Board. I. Courtyards, Balconies, Patios & Decks 1. Courtyards, balconies and patios may extend up to ten feet (10') into any required setback area. 2. Paved patios shall not exceed two hundred seventy-five (275’) square feet in area, although additional area may be included in the courtyard enclosure. 3. Decks are not permitted. J. Streetscape & Landscaping 1. All undeveloped portions of the tract shall be left in their natural state or shall be landscaped as specifically approved by the Planning Board. 2. All landscaped areas, other than any surface water management facility, shall be served by an automatic sprinkler system, and the operation (including water) and maintenance of the system shall be the sole responsibility, and at the sole expense, of the Homeowners' Association. 3. The developer shall install decorative sidewalks and lighting along the residentially developed portions of Eastview Avenue and Oceanport Avenue, consistent with the style of lighting and the paver block pattern used along Prospect Avenue in the "B-1" Business Zone. K. Other Applicable Requirements 1. The entire tract of land shall be subject to a unified application for development under the ownership (legal or beneficial) of one (1) entity or individual for purposes of obtaining all required approvals from the Planning Board. 2. The outdoor parking or storage of recreational facilities or boats shall not be permitted anywhere within an Age-Restricted Affordable Housing development. 3. A Developer's Agreement shall be entered into between the Borough and the developer to address any off-tract improvements required for the proposed development. 4. All other provisions of the Land Use And Development Ordinance of the Borough of Little Silver not in conflict with the provisions specified herein for the "ARAH" Age-Restricted Affordable Housing zoning district shall apply to any age-restricted affordable housing development." | |||||||||||||||
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