30-154.6 Buffer.

The following buffer, landscaping and design standards shall apply in the LIH PUD Redevelopment District. In the event of any conflict with other subsections of this section, these regulations as enumerated below shall supersede and control:

a. Buffers shall be provided to protect existing and proposed residential uses from other land use types. Buffers shall be provided between existing and proposed major roadways, railroads, and between proposed residential and nonresidential uses as follows:

b. Requirements for plantings in the buffer areas shall conform to regulations as set forth in Section 30-54d. and subsection 30-154.9.

c. The buffer requirements between residential and nonresidential uses set forth in subsection 30-154.6a. and b. shall not apply between nonresidential uses and assisted living facilities or nursing homes and, accordingly, for purposes of subsection 30-154.6 such uses shall be treated as nonresidential uses. (Ord. No. 98-4 § II; Ord. No. 98-30 § VI)

30-154.7 Standards for Planned Retirement Community Development in the LIH- PUD Redevelopment District.

Regulations for a PRC development in the LIH-PUD Redevelopment District are as follows:

a. Uses Allowed by Right.

1. Single family detached dwellings (See Schedule 1).

2. Assisted living residences (See Schedule 2 and 3).

3. Model homes and/or sales office.

b. Accessory Uses.

1. Retirement community center, as part of a Planned Retirement Community (PRC) development.

2. Recreational facilities and uses, including buildings for recreational activities, biking paths, walking paths, tennis courts, shuffleboard courts, swimming pools, and similar recreational improvements related to the PRC.

3. Administration buildings related to the PRC.

4. Building emergency services, such as garages and offices for first aid equipment and personnel, as part of the PRC development.

5. On-site medical and personal services for the use of the on-site population only, as part of the PRC development.

6. Bus stops to service the retirement community center as part of the PRC development as described in paragraph e.6(d) of this subsection.

c. Tract Requirements.

1. The tract shall be under one (1) ownership or control by the applicant for purposes of obtaining all required development approvals and committing the tract to the regulations of the Planned Retirement Community.

2. Area and Yard Requirements for Tract.

Minimum tract size 40 acres

Minimum tract frontage 300 feet on a collector or arterial roadway

Maximum density 3 dwelling units per acre, and not to exceed 160 dwelling units

Minimum building setback from 75 feet any tract boundary

Minimum perimeter landscaped buffer See Section 30-154.6

Maximum building coverage 20%

Maximum impervious coverage 35%

3. Covenants, Restrictions, and Architectural Controls. Approval of a Planned Retirement Community development consisting of age-restricted housing in the LIH PUD Redevelopment District shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of a tract so developed, to insure that occupancy will be limited to persons fifty-five (55) years of age or older with no children under nineteen (19) in permanent residence. In addition, restrictions as to the following shall be included:

(a) No house shall have the same facade as the house on either side of it or directly across the street.

(b) Where side windows are not offset between adjacent houses by at least three and five-tenths (3.5) feet (measured frame to frame, as projected directly across to the adjacent house), adequate landscaping will be provided in order to promote privacy.

(c) A minimum of five (5) different models shall be offered with each model having at least three (3) different elevations, and with at least five (5) different elevations being constructed.

(d) The restrictions set forth below as to cantilevered windows, patios, and decks shall be incorporated.

(e) No sheds or other ancillary structures shall be allowed.

4. Decks and Patios.

(a) Decks and patios shall be no higher than the first floor elevation of the subject home and shall not extend beyond the side walls, shall be limited in width to twelve (12) feet and shall be set back at least six (6) feet from the property lines. Additionally, the minimum distance between the closest points of any two (2) decks shall be eighteen (18) feet.

(b) Retractable awnings on patios shall be one (1) of four (4) preselected fabrics/colors and shall be purchased and installed from a company selected by RFPs and bids. Colors will be controlled by the Association. Awning shall be installed on the back of the house only and retractable by motor with controls inside the house. The installation of awnings shall be optional.

5. Windows. Cantilevered bay windows shall be permitted to extend two (2) feet into a required front yard or rear yard. The maximum width of a bay window shall be eight (8) feet. Cantilevered windows shall be offset so that they are not directly opposite each other.

6. Management of Roadways, Recreation Facilities, Security, Internal Transportation, and Open Space. Open undeveloped portions of any age-restricted development and all proposed roadways, recreation facilities, security facilities, and internal transportation facilities shall be owned and maintained by a Homeowners' Association consisting of all residents. Notification of this provision is to be included in the contract of sale deed for each unit.

d. Assisted Living Residence. Assisted living residences, which are hereby defined to include assisted living facilities, nursing or convalescent homes and skilled or intermediate care nursing facilities, which are required to be licensed by the State of New Jersey pursuant to N.J.S.A. 26:2H-1 et seq., shall be permitted to develop at a ratio of twenty (20) units per acre. A unit shall be defined as a room used for occupancy in an assisted living residence which contains either one (1) or two (2), but not more than two (2) beds. Notwithstanding that a unit may contain two (2) beds, there may be no more than twenty-four (24) beds per acre, nor more than a total of two hundred fifty (250) beds in an assisted living residence. (See Schedules 2 and 3 for design standards and area and yard requirements.)

e. Open Space and Recreation Areas.

1. At least forty (40%) percent of the tract shall be reserved for open space and recreation uses.

2. Open space and recreation areas shall be located in appropriate locations and arranged in such a manner so as to further and foster the purposes of the Planned Retirement Community.

3. All open space and recreation areas shall be dedicated for active or passive recreation or open space. Such areas shall be owned in common by residents of the Planned Retirement Community and managed by a Homeowners' Association.



4. The open space and recreation area shall have a minimum contiguous area of not less than four (4) acres and no portion thereof shall be less than fifty (50) feet in width. Where appropriate, open space and recreation areas should be arranged to provide contiguity of open spaces between Planned Retirement Communities

5. A comprehensive recreation plan shall be prepared to include all proposed passive and active recreation elements such as walking trails, picnic areas, outdoor and indoor tennis courts, shuffleboard courts, swimming pools, and seating areas.

6. Each Planned Retirement Community Development shall have a retirement community center. The following standards shall apply:

(a) The retirement community center shall be centrally located and easily accessible to all units. A comprehensive circulation plan shall be prepared to coordinate the road network, sidewalk layout and bikeways for the entire development with emphasis on access to the center.

(b) The retirement community center may include but not be limited to cafeteria facilities, homeowners' association management offices, recreation and social activity rooms and offices, and a multi-purpose room designed for social activities.

(c) The retirement community center shall be no more than one and one-half (1 1/2) stories and no more than twenty-five (25) feet in height.

(d) A bus stop shall be provided at one (1) or more accessible locations for those using the center's facilities as determined by the Planning Board. An enclosure shall be located at the bus stop to afford protection from adverse weather conditions, and the bus stop shall include benches and shall be fully accessible to the handicapped. Each assisted living facility shall have provisions for bus pick up directly in front of the entrance.

7. All open space and recreation areas shall be protected by legal arrangements, satisfactory to the Planning Board Attorney, sufficient to assure their maintenance and preservation for their intended purpose. Covenants or other legal arrangements, including homeowners' associations, shall specify ownership of the area; method of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Planning Board; and any other specifications deemed necessary by the Planning Board.

8. Homeowners' Association.

(a) Within the Planned Retirement Community, the applicant shall establish a Homeowners' Association.

(b) The Homeowners' Association shall own and be responsible for the maintenance, repair, and reconstruction of all buildings and lands owned by the residents of the community in common with one another. Such lands shall include at a minimum all recreational areas, open space, and drainage facilities required by the reviewing board for the community.



f. Additional Facilities.

1. Each PRC development may provide an internal transportation system, for transport within and without the PRC, which may include such facilities as a shuttle bus.

2. Each PRC shall provide appropriate security measures, which may included gatehouses, security patrols, and/or secured entries to the PRC.

3. Each assisted living facility and PRC shall be required to maintain an agreement for private ambulance service. (Ord. No. 98-4 § II; Ord. No. 98-30 § VII; Ord. No. 2006-24 § I)

30-154.8 Bulk Requirement Standards for Retail Sales and Service Development as Permitted in Subsection 30-154. 2c. to e. and g. to j.

Minimum lot area 5 acres

Maximum floor area ratio .15

Maximum lot coverage 60%

Minimum lot width 300 feet

Minimum lot frontage 300 feet

Minimum lot depth 400 feet

Minimum front yard 100 feet

Minimum rear yard 100 feet

Minimum side yard 50 feet each side

Maximum building height 38 feet

Minimum parking setbacks:

From building 12 feet

From streets 25 feet

From all property lines 25 feet

From residential zone 75 feet

From residential building 125 feet

Maximum building coverage 20%

Maximum size of building(s) located within 200 feet of State Route 35 14,000 sq. ft.

Maximum size of any nonsupermarket retail use 70,000 sq. ft.

In no event shall the total retail space exceed 235,000 sq. ft. Second story mezzanine space not used for retail sales and which is not accessible to customers for retail purposes shall not be included as retail floor area in the calculation of FAR. (Ord. No. 98-4 § II; Ord. No. 98-30 § VIII)

30-154.9 Requirements for Landscaped Buffers/Screens and Berming for Retail Sales and Service Development in the LIH PUD Redevelopment District.

a. The minimum width of the landscaped buffer/screen shall be as follows:

1. Front yard: fifty (50) feet

2. Nonresidential use to residential zone in rear or side yard: fifty (50) feet

3. Nonresidential use to nonresidential use in rear or side yard: twenty-five (25) feet

b. The front yard landscaped buffer shall consist of the following minimum mix of canopy trees and shrubs for every one thousand five hundred (1,500) square feet of buffer area: Two (2) canopy trees (large deciduous trees); and ten (10) (evergreen and/or deciduous shrubs) with a natural height that obscures vehicle head lights but does not obscure the view of buildings.

c. The landscaped buffer/screen between a nonresidential use and residential use shall consist of the following minimum mix of canopy trees, understory trees and shrubs for every one thousand five hundred (1,500) square feet of buffer area: Two (2) canopy trees (large deciduous trees); four (4) understory trees (deciduous and/or evergreen trees that do not generally reach the mature height of the canopy trees); and fifteen (15) evergreen trees and/or shrubs.

d. The landscaped buffer/screen between nonresidential uses shall consist of the following minimum mix of canopy trees and understory trees for every one thousand five hundred (1,500) feet of buffer area: Two (2) canopy trees (large deciduous trees); and three (3) understory trees (deciduous or evergreen trees that do not generally reach the mature height of the canopy trees).

e. All portions of the landscaped buffer/screen not planted in canopy trees, understory trees, or shrubs shall be maintained in lawn area or ground cover.

f. Where a nonresidential use abuts a residential zone to the rear or side, a berm shall also be provided. The berm shall be a minimum of six (6) feet in height, with a maximum side slope of 4:1 and a minimum top width of four (4) feet. (Ord. No. 98-4 § II)

30-154.10 Minimum Parking Requirements for Retail Sales and Service Development in the LIH PUD Redevelopment District.

a. Four (4) spaces per one thousand (1,000) square feet of building floor area for offices and banks.



b. Five (5) spaces per one thousand (1,000) square feet of building floor area for retail sales and service establishments, garden centers, indoor recreational facilities and restaurants.

c. For mixed use developments (office and commercial), a shared parking approach is permitted, provided that a minimum of four (4) spaces per one thousand (1,000) square feet of building floor area are provided. (Ord. No. 95-24 § III; Ord. No. 98-4 § II)

30-154.11 General Requirements for Retail Sales and Service Development in the LIH PUD Redevelopment District.

a. Multiple uses within a building are permitted.

b. Multiple buildings on a lot shall provide staggered front setbacks with a minimum off-set of twenty (20) feet.

c. Common driveways between lots shall be provided where feasible.

d. Parking area shall be designed to provide interconnections with parking areas on adjoining lots.

e. The finish treatment of rear and side walls shall be compatible with the overall retail and service development and shall not include painted or unpainted block walls.

f. Walls shall be extended to the highest point of rooftop mechanicals so as to shield rooftop mechanicals from all sides, the walls shall incorporate sound-proofing materials so as to mitigate the noise generated by any rooftop mechanicals.

g. A centrally located enclosed garbage compacting unit shall be required.

h. Trailer storage shall not be permitted, and all trailers must be removed within twelve (12) hours of unloading.

1. Refrigeration trucks shall be located only in an area specifically designed to minimize noise impacts. The use of walls, grade differences and structural solutions shall be used as required to achieve this objective. (Ord. No. 98-4 § II)