§ 200-194. Planned Residential Retirement Community use regulations., Article XXVII. Use and Bulk Regulations for Residence Districts, Part 4. Zoning, Chapter 200. Land Use, Part II. General Legislation, Code of Ordinances, West Windsor

Purpose. The purpose of the Planned Residential Retirement Community (PRRC) District is to provide for a variety of dwelling unit types and services for the elderly population, which is growing both locally and in the State of New Jersey. Dwelling units in the PRRC District are intended for mature adults, 55 years of age or older, and contain a variety of housing types and services to satisfy a wide range of life-styles.

Permitted uses. In a Planned Residential Retirement Community, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses:

(1)

Any permitted use in the RR/C District, subject to the bulk and area regulations of that district as set forth in § 200-157.

[Amended 1-7-2008 by Ord. No. 2007-27]

(2)

A planned residential retirement community subject to the requirements set down herein and conforming to the findings for a planned development as defined by the N.J.S.A. 40:25D-45, provided that the following minimum requirements shall be met:

(a)

Minimum tract area. A planned residential retirement community, hereinafter referred to as "PRRC," is defined as a community having one or more parcels of land with a total acreage of at least 400 acres forming a land block to be dedicated for the use of a planned residential retirement community. For the purposes of determining total parcel acreage, public streets located between properties under the control of the planned residential retirement community do not constitute a break in parcel continuity.

(b)

Age restrictions. Through its corporations, association or owners, said land shall be restricted by bylaws, rules, regulations and restrictions of record to use by permanent residents 55 years of age or older, with the following exceptions:

[1]

A member of a couple under the age of 55 years who is residing with his/her partner who is 55 years of age or over.

[2]

Emancipated children (as defined under New Jersey law) residing with their parents or parent where one of the parents with whom the child or children are residing is 55 years of age or over.

[Amended 9-15-2008 by Ord. No. 2008-21]

[3]

One adult under 55 years of age will be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one or more of the adult occupants who shall be 55 years of age or older.

(c)

Minimum open space accessible to the public. A minimum of 30% of the total tract area must be in open space accessible to the public. The open space to be preserved shall include Block 33, Lot 1, between Village Road and the JCP right-of-way, so as to serve as an open space buffer between the PRRC and the remainder of the RR/C Zone.

[Amended 10-27-2008 by Ord. No. 2008-43]

(d)

Public water and sewer service. All uses will be serviced by public water and sewer systems.

(e)

Affordable housing required. A minimum of 15% of the total dwelling units shall be low- and moderate-income residential units as required by Article XXXI, § 200-237, of this Part 4. Total dwelling units shall be defined as conventional individual residences/apartments plus bedrooms in assisted living facilities (such as congregate care, continuing care, nursing home). The method of accomplishing the required affordable housing shall be established at the time a development application is made for a PRRC.

(f)

Maximum permissible density. Maximum gross density in a PRRC is 1.45 dwelling units per acre. For the purpose of calculating maximum permissible density, individual beds and units in a congregate care, congregate housing, nursing home, continuing care facility, extended care facility or outpatient clinic are not considered units. The PRRC shall have no more than 500 total beds and 306 dwelling units in congregate care, continuing care, extended and outpatient care facilities.

[Amended 3-18-2019 by Ord. No. 2019-02]

(g)

Permitted residential uses. The following residential uses are principal permitted uses in a PRRC, provided that they meet the standards of Subsection C of this section.

[1]

Single-family detached.

[2]

Two-family semidetached.

[3]

Single-family zero lot line.

[4]

Zero lot line semidetached.

[5]

Townhouse.

[6]

Condominium.

[7]

Garden apartments.

[8]

Congregate care facilities/assisted care facilities.

[9]

Continuing care/extended and outpatient care facilities.

(h)

Accessory uses and accessory buildings incidental to a PRRC development.

[1]

Recreational, cultural and religious facilities for the sole use of the residents and their guests.

[2]

Garages and storage sheds off residential lots for recreational vehicles or household goods for resident use only.

[3]

Accessory uses and buildings customarily associated with residential uses in conformance with § 200-226.

[4]

Medical services not to exceed 10,000 square feet in floor area.

[5]

Restaurant use designed as part of the planned development and not exceeding 5,000 square feet in floor area.

[6]

Elder and day-care centers.

Bulk and area regulations for PRRC District.

(1)

The following shall be the standards for PRRC developments:

(a)

Minimum tract area: 400 acres.

(b)

Minimum building and parking setbacks from Old Trenton Road: 100 feet.

(c)

Minimum building and parking setbacks from tract boundaries: 50 feet and 100 feet from existing residential lot lines.

(d)

Maximum improvement coverage for total PRRC tract area: 25%.

[Amended 9-15-2008 by Ord. No. 2008-21]

(e)

Common open space: 60% of the PRRC must be set aside in common open space. Common open space calculations may include all environmental constrained lands and land set aside for public open space.

(f)

Maximum building height. No single-family detached dwelling unit or nonresidential use shall exceed two stories or 35 feet, and no multifamily unit or congregate care facility shall exceed three stories or 45 feet in height.

(2)

The following shall be the standards for residential unit types permitted in PRRC developments:

(a)

Single-family detached:

[1]

Minimum lot area: 5,000 square feet.

[2]

Minimum lot frontage and width: 50 feet.

[3]

Minimum front yard setback: 20 feet.

[4]

Minimum side yard setback: 10 feet.

[5]

Minimum rear yard setback: 25 feet.

[6]

Maximum improvement coverage: 40%.

[Amended 9-15-2008 by Ord. No. 2008-21]

(b)

Two-family semidetached:

[1]

Minimum lot area: 6,500 square feet.

[2]

Minimum lot frontage and width: 80 feet.

[3]

Minimum front yard setback: 20 feet.

[4]

Minimum side yard setback: 10 feet.

[5]

Minimum rear yard setback: 20 feet.

[6]

Maximum improvement coverage: 40%.

[Amended 9-15-2008 by Ord. No. 2008-21]

(c)

Single-family zero lot line:

[1]

Minimum lot area: 5,000 square feet.

[2]

Minimum lot frontage and width: 50 feet.

[3]

Minimum front yard setback: 20 feet.

[4]

Minimum side yard setback: 0/10 feet.

[5]

Minimum rear yard setback: 15 feet.

[6]

Maximum improvement coverage: 40%.

[Amended 9-15-2008 by Ord. No. 2008-21]

(d)

Zero lot line semidetached:

[1]

Minimum lot area: 6,500 square feet.

[2]

Minimum lot frontage and width: 65 feet.

[3]

Minimum front yard setback: 20 feet.

[4]

Minimum side yard setback: 0/10 feet.

[5]

Minimum rear yard setback: 15 feet.

[6]

Maximum improvement coverage: 40%.

[Amended 9-15-2008 by Ord. No. 2008-21]

(e)

Townhouse (fee simple):

[1]

Minimum lot area: 2,000 square feet.

[2]

Minimum lot frontage and width: 20 feet.

[3]

Minimum front yard setback: 20 feet.

[4]

Minimum side yard setback: 10 feet (end units).

[5]

Minimum rear yard setback: 10 feet.

[6]

Maximum improvement coverage: 75%.

[Amended 9-15-2008 by Ord. No. 2008-21]

(f)

Condominium/garden apartments:

[1]

Minimum distance from internal roads: 25 feet.

[2]

Minimum distance between buildings:

[a]

Window wall to window wall: 75 feet.

[b]

Window wall to end wall: 30 feet.

[c]

End wall to end wall: 12 feet.

[d]

Building face to parking: 12 feet.

[e]

Building face to street curb: 20 feet.

(g)

Congregate care facility/continuing care/extended care facility/outpatient facility:

[1]

Minimum lot area: five acres or one acre per each 42 beds, whichever is greater.

[2]

Minimum lot frontage: 100 feet.

[3]

Minimum lot depth: 500 feet.

[4]

Minimum front yard setback from internal roads: 50 feet.

[5]

Minimum side yards: 50 feet.

[6]

Minimum rear yards: 50 feet.

[7]

Maximum improvement coverage: 70%.

[Amended 9-15-2008 by Ord. No. 2008-21]

[8]

Minimum distance between buildings: same as condominium/garden apartments, except for front yard setback.

[9]

Maximum floor area ratio: 45%.

(3)

The following shall be the standards for all nonresidential uses permitted in a PRRC development:

(a)

Medical services, restaurants and elder and day-care centers shall follow the area and bulk controls of the B-1 District.

(b)

Off-residence garages, storage sheds and parking for recreational vehicles or household goods.

[1]

Area devoted to off-residence storage and recreational vehicle parking for residence use only shall not exceed five acres.

[2]

Building and parking setback from all residential uses and tract boundaries: 150 feet.

[3]

Landscape buffer perimeter screening: 50 feet.

Design requirements for a PRRC.

(1)

A comprehensive design plan shall be prepared for the entire PRRC which creates a series of distinct neighborhoods, each featuring a communal meeting area or neighborhood focal point developed with seating areas, landscaping, decorative pavement and lighting and structural features such as picket fencing, masonry walls, a gazebo, etc. A minimum of 250 square feet of developed open space shall be set aside in the form of neighborhood greens or parks per each residential unit approved in a PRRC.

(2)

The development plan for the site, its developed facilities and the interior of residential units in a PRRC must be specifically designed to meet the potential physical and social needs and visual auditory, ambulatory and other impairments that may affect older persons, particularly as residents age in place.

(a)

There should be provided a safe and convenient system of walks accessible to all occupants. Due consideration should be given in planning walks and ramps to prevent slipping or stumbling. Handrails and ample space for rest should be provided. All walks, paths and risers shall be designed according to the requirements of the Americans with Disabilities Act (ADA).

(b)

Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas, with sufficient illumination for the safety and convenience of older age residents, depending on anticipated nighttime use.

(c)

A PRRC shall provide developed open space and common recreational or community facilities for the exclusive use of its residents.

[1]

There shall be not less than six square feet of floor space per dwelling unit provided in community or clubhouse buildings. Such facilities shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, rooms providing support facilities for outdoor recreation facilities or other similar facilities.

[2]

Not less than 5% of the developable area of the PRRC and excluding developable public open space lands shall be developed for outdoor recreational use. This may include swimming pools and related facilities, shuffleboard and horseshoe courts, tennis courts and other appropriate facilities.

(d)

The interior of a residential unit in a PRRC shall be designed to accommodate the reasonable physical impairments of residents as they evolve from independence to limited functioning. Among the features which may be considered in unit design are skidproof floors, emergency call systems, elevated switches and electrical outlets that do not require the user to bend or crouch, grab bars at bathtubs and toilets, doors wide enough to accommodate wheelchairs, appliances that are front-mounted with easy to read dials and gauges and avoidance of barriers such as high doorsteps, uneven walking surfaces, hard to open doors (use lever handles) and difficult to operate plumbing fixtures.

(e)

An on-site security and maintenance service system may be provided for a PRRC, including an entrance gatehouse, fences, walls and supporting service buildings.

(3)

The entire planned residential retirement development shall be designed and constructed to provide utility services, including stormwater drainage, electric, telephone and, where desired, CATV cables, all of which shall be installed underground.

Off-street parking. Off-street parking spaces shall be provided in a PRRC as follows: one attached garage space plus one space in the driveway for each single-family detached dwelling unit; and for multifamily unit dwellings, 1.25 parking spaces for each one-bedroom unit, 1.75 parking spaces for each two-bedroom unit and two parking spaces for each three-bedroom unit. Adequate parking facilities for residents, employees and visitors of a congregate care facility shall be provided. For congregate care and continuing care/extended care facilities, there shall be 0.5 off-street parking space per bedroom in addition to one off-street parking space for each employee on the largest shift. All parking areas for congregate care, continuing care/extended care facilities and nonresidential accessory uses shall be visually defined along their perimeter by a fence, wall, hedge, tree line or landscaped berm, or some combination of the above. Screening shall be at least four feet in height to soften the pedestrian's view of a large number of parked cars.

Application procedure and development standards. The procedural requirements and standards for planned residential retirement community developments are those required for all major development applications as specified in this Part 4, Part 1, Site Plan Review, and Part 3, Subdivision and Site Plan Procedures, of this chapter, except where otherwise provided in this section, and a developer seeking approval of a planned residential retirement community development shall submit to the Planning Board a general development plan as outlined and described in § 200-115 of Part 3, Subdivision and Site Plan Procedures, of this chapter, prior to the submission of any application for preliminary approval.

Other provisions.

[Added 3-18-2019 by Ord. No. 2019-02]

(1)

For any development application filed for vacant land within the congregate care component of the PRRC District as of the date of this ordinance, at least 51 of the units shall be low- and moderate-income housing meeting all the applicable standards and requirements for affordable units, including those set forth in the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., and § 200-237. At least 50% of the affordable units shall be made affordable to low-income households, and at least 13% of all rental affordable units shall be made affordable to very-low-income households earning 30% or less of the regional median household income by household size, which very-low-income units shall be included as part of the low-income requirement. The remaining affordable units shall be made available to moderate-income households. The affordable units shall be located on-site and shall be reasonably dispersed throughout the development phased in accordance with the affordable housing construction schedule set forth in N.J.A.C. 5:97-6.4(d). The state-wide nonresidential development fee shall apply to the nonresidential portion of the development to the extent that it includes other than residential uses.