A. Purpose (AH): Purposes are as follows:
(1) To encourage innovation in design and reflect changes in land development technology.
(2) To provide for necessary commercial facilities and services.
(3) To provide for the opportunity for a range of housing densities.
(4) To satisfy the need for low- and moderate-income housing.
(5) To ensure compatibility among land uses.
(6) To encourage the highest quality urban design and architecture.
(7) To conserve the value of land.
(8) To encourage more efficient use of land, public services and facilities.
(9) To encourage better movement and transportation of people.
(10) To prevent strip commercial development.
(11) To encourage attractive and safe residential neighborhoods.
(12) To preserve the residential integrity of adjacent areas.
(13) This use shall be permitted only in the areas of the AH District designated on the Zoning Map.
B. Permitted principal uses (AH).
(1) Single-family detached dwellings.
(2) Semidetached single-family dwellings.
(3) Duplexes.
(4) Triplexes.
(5) Quadplexes.
(6) Townhouses.
(7) Apartments.
(8) Schools.
(9) Houses of Worship.
(10) Farms and agricultural uses.
(11) Parks and conservation areas, including golf courses.
(12) Retail sales of goods and services.
(13) Banks, including drive-in facilities.
(14) Offices and office buildings, including business and professional services.
(15) Restaurants, except drive-in and fast-food restaurants.
(16) Institutional uses and nonprofit clubs, lodges, charitable and fraternal organizations.
(17) Post offices.
(18) Beauty parlors/barbershops and other personal services.
(19) Day care or child-care centers.
(20) Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
C. Permitted accessory uses (AH).
(1) Tennis courts, swimming pools and other usual recreational facilities.
(2) Off-street parking.
(3) Fences.
(4) Signs.
(5) Garages and sheds.
(6) Farm stands.
D. Conditional uses (AH).
(1) Wireless communications towers and antennas
E. Performance standards (AH).
(1) No affordable housing development under this chapter shall take place except upon tracts of land having a minimum of 75 contiguous acres with sufficient access to existing municipal, county and state roads/highways or roads/highways proposed as part of the affordable housing development, and which would interconnect the AH Zone to existing county, state and municipal roads/highways and which is located in an area with available public sanitary sewers and public water.
(2) AH development shall be located on land environmentally suitable for development. Development on floodplains shall meet New Jersey Department of Environmental Protection flood hazard area standards and regulations, as may be amended from time to time. No development shall be allowed on wetlands, unless approved by New Jersey Department of Environmental Protection.
(3) AH development must provide bus stops and bus pull-off lanes, as traffic warrants, at convenient locations that consider reasonable walking distances to residential units.
(4) In the event that any subdivisions or individual site plans are required of properties in the AH development zones, applicants may apply for such subdivisions or individual site plans simultaneously with the application for development for the AH property.
(5) The gross density of the AH gross tract area is limited to a maximum of 4.34 dwelling units per acre, but in no event greater than 550 dwelling units.
(6) No less than 25% of the gross tract area must be open space to include active and passive recreation, agriculture, and a civic and public plaza square for use of the residents.
(7) Total nonresidential development shall not exceed 30,000 square feet.
(8) No more than 30% of the lot area of the AH gross tract area shall be covered by buildings or structures including parking structures; no more than 65% shall be impervious coverage, including buildings, parking and roads.
(9) No aboveground structure shall be located within 50 feet of any AH tract boundary line, except where single-family lots within the AH tract directly abut existing singlefamily lots, in which case the minimum lot setbacks shall apply. No aboveground structure shall be located within 50 feet of the right-of-way line of any existing off-tract street or road that parallels the tract boundary, except for interstate highways where the setback shall be 100 feet.
(10) Any part of the AH development not used for structures, roadway-loading accessways, parking or pedestrian walks shall be landscaped with grass, trees and shrubs.
(11) Minimum frontage on any major county or state highway or collector road shall be 300 feet for the gross tract area.
(12) Up to 20% of the housing units in an AH development shall be affordable for low- and moderate-income households, with the number of units consistent with the Mount Laurel Developer's Agreement and Stipulation of Dismissal Agreement and in accordance with annually published income guidelines adopted by the New Jersey Council on Affordable Housing (COAH). The unit sizes shall be as follows (or as amended by COAH regulations).
(13) An affordable housing plan shall be submitted to the Planning Board with the first phase of any AH development. It shall detail how the project will comply with COAH requirements, this chapter, and the settlement agreement.
(14) No more than 25% of any low- and moderate-income units may be set aside or reserved for senior citizens.
(15) All low- and moderate-income housing units shall be as accessible as market units to common open space and recreational facilities.
(16) All low- and moderate-income housing units shall be integrated throughout the site, or section of the development in phases, except in the case of rental units or age restriction units which may be clustered. No low- and moderate-income unit shall be required to be provided in single-family detached or semidetached units as a result of this provision.
(17) With the exception of inclusionary developments constructed pursuant to low-income tax credit regulations, at least half of all units within each inclusionary development shall be affordable to low-income households. At least one-third of the units in each bedroom distribution shall be affordable to low-income households.
(18) The Planning Board shall allow for phasing of development in this zone. The phasing schedule shall ensure that development in this zone shall be consistent with the development of infrastructure and supporting services and the sound management of growth in Township of Pohatcong, and consistent with the Mount Laurel Developer's Agreement and Stipulation of Dismissal.
(19) Prior to the approval of any affordable housing development application made pursuant to the foregoing provisions, the Planning Board shall be required to make the following finding of facts and conclusions:
(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to standards in Chapter 285, Zoning;
(b) That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;
(c) That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(d) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and
(e) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
F. Performance regulations for principal uses (AH).
G. Performance regulations for accessory uses (AH).
A. Applicable Lands.
Age-restricted housing developments are permitted to be developed in accordance with the provisions contained herein only on the approximately eight-six (86) acres of land on the easterly side of Interstate Route 78, which are identified as Block 95/Lots 2 & 2.06 on the Township Tax Maps, provided that the following conditions are met:
(1) The "ARH" development on the subject lands is served by both public sewerage and public water facilities; and
(2) In the event that the development potential from Block99/Lot 4 is transferred to Block 95/Lots 2 & 2.06, in whole or in part, then the approximately eighty-four (84) acres of land identified as Block 99/Lot 4 on the Township Tax Maps (a.k.a. "Resnick-Victoria Ridge") shall be deed restricted for agricultural/open space use only, plus the allowance to construct one (1) non age-restricted detached dwelling unit thereon in accordance with the requirements specified in Section 285-10 of this chapter for single-family dwellings in the "R-1" Rural Residential zoning district.
B. Minimum Tract Acreage.
Age-restricted housing developments are permitted on tracts of land at least eighty (80) acres in size on the subject lands.
C. Age Restrictions.
(1) All dwelling units within an age-restricted housing development shall be deed restricted 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 deed restriction shall reflect the provisions noted in Subsection 285-23A. C.(1) hereinabove regarding persons under nineteen (19) years of age and any Federal Guidelines, and shall be submitted by the applicant to the Planning Board for review as part of the application for final subdivision approval, and the wording shall be reviewed, modified as necessary, and finally approved by the Township Committee and incorporated within a developer's agreement between the developer and the Township Committee as a condition of any final approval granted by the Planning Board for an agerestricted housing development.
(3) The wording of the required deed restriction as finally approved by the Township Committee shall be recited in the Master Deed and the Homeowners' Association by laws, which also shall be reviewed and approved by the Township Committee and Planning Board as a condition of any final approval granted by the Planning Board for an age-restricted housing development.
D. Permitted Uses.
(1) Detached single-family age-restricted dwelling units.
(2) Townhouse age-restricted dwelling units, provided that the townhouses shall comprise no more than fifty percent (50%) of the total number of age-restricted dwelling units constructed on the subject property.
(3) One (1) existing detached single-family non age-restricted dwelling unit shall be permitted to remain on a separate lot no less than two (2) acres in area, provided the following:
(a) The subject existing dwelling unit shall be served by the sewerage facilities serving the age-restricted units on the tract;
(b) The subject single-family home shall be subject to the "Performance Regulations For Single-Family Dwellings On Grandfathered Lots" in the "R-1" zoning district contained in Subsection 89-10 H.(3) of this chapter, except that the minimum lot area shall be two (2) acres; and
(c) The acreage of the lot devoted to the existing single-family detached dwelling unit shall not be used for any density or lot coverage calculation for the remaining area of the tract to be developed with the agerestricted dwelling units.
(4) Conservation areas, open spaces and common property.
(5) Recreational and clubhouse facilities within the open space areas.
E. Maximum Number Of Dwelling Units Permitted.
(1) The maximum number of permitted age-restricted dwelling units within an age-restricted housing development initially shall be calculated on the basis of two (2) dwelling units per gross acre of land within the subject tract (i.e., the approximately 84 acres in Block 95/Lots 2 & 2.06 remaining after the 2 acres is subdivided out from the tract for the existing house), resulting in the right to construct up to one hundred sixty-eight (168) age-restricted dwelling units.
(2) However, in addition, and as an inducement to maintain Block 99/Lot 4 (i.e., the "Resnick-Victoria Ridge" property) as farmland/open space, the developer may transfer, by deed, development rights for single-family home construction on the approximately eighty-four (84) acres of land identified as Block 99/Lot 4 on the Township Tax Maps (a.k.a. "Resnick-Victoria Ridge") specifically in accordance with the following:
(a) The developer shall transfer the development rights for the construction of one hundred twenty-two (122) non age restricted single-family homes from Block 99/Lot 4, for which there is a valid preliminary subdivision approval as of the date of this Ordinance, to Block 95/Lots 2 & 2.06.
(b) As a result of the transfer of the one hundred twenty-two (122) non age-restricted single family homes from Block 99/Lot 4, the number of age-restricted dwelling units permitted to be constructed on Block 95/Lots 2 & 2.06 shall be increased by one hundred forty-four (144) units.
(c) The age-restricted development on Block 95/Lots 2 & 2.06 combined with the deed restriction of Block 99/Lot 4 as farmland/open space shall be considered a "Residential Cluster" as defined and governed by the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.), and the agerestricted development on Block 95/Lots 2 & 2.06 shall be considered an "inclusionary development" as defined and governed by the "Substantive Rules" of the New Jersey Council On Affordable Housing (COAH).
(d) Summarily, as a result of the transfer of the development rights, the developer shall have the right to construct a total of three hundred twelve (312) age-restricted dwelling units on Block 95/Lots 2 & 2.06, which is a density of approximately three and three-quarters (3.75) dwelling units per acre (i.e., 312 du 84 ac = 3.71 du/ac).
(e) The total three hundred twelve (312) dwelling units is computed as follows: 168 du at 2 du/ac as of right + 122 du transferred from Block 99/Lot 4 + 22 bonus units because the units will be age-restricted and will be part of an "inclusionary development".
Area And Yard Requirements For Detached Dwelling Lots.
Principal Building Minimums
Lot Area {1} 6,000 sq.
Lot Width @ Frontage 50 ft.
Lot Width @ Setback 60 ft.
Lot Depth 100 ft.
Side Yards 5 ft. & 10 ft. {2}
Front Yard 25 ft. {3}
Rear Yard 20 ft. {4}{5} {6}
Lot Intensity Maximums
Detached Dwelling Coverage 55%
Total Improvement Coverage 70%
FOOTNOTES TO SUBSECTION 285-23A. F.
{1} The minimum required lot area shall not contain any freshwater wetlands, wetlands transition areas, 100year flood plains, or lands with slopes fifteen percent (15%) or greater, except for isolated, non contiguous steep sloped areas to be regraded.
{2} Dwelling units on adjacent lots shall be separated by a distance of at least fifteen feet (15'), with such distance measured between foundation walls, but excluding any design elements permitted in accordance with Footnote {4} hereinbelow.
{3} The twenty-five foot (25') front yard setback is to be measured from the curbing of the cartway, and is to include a driveway at least eighteen feet (18') in length and a four foot (4') wide public sidewalk located generally parallel to the cartway.
{4} Design Elements as described hereinbelow may extend not more than three feet (3') into the minimum required rear yard area, provided that the extensions will only be permitted when privacy walls, landscaped screening and/or fencing is incorporated as part of the overall design of the dwelling unit or where the subject yard abuts a landscaped open space area at least twenty feet (20') wide along the entire length of the subject lot line.
{a} First Floor Design Elements: Chimneys, window elements, eaves, entranceway elements and similar architectural and foundation projections as approved by the Planning Board, provided that the total length of such extensions is no more than forty-five percent (45%) of the linear distance of the subject foundation wall.
{b} Second Floor Design Elements: Chimneys, eaves, bays, cantilevers and windows.
{5} Decks may be permitted, subject to the specific approval by the Planning Board of specific submitted designs, provided the following:
{a} Decks shall be located in side and/or rear yard areas only, shall be set back at least five feet (5') from all property lines and shall not occupy more than twenty-five percent (25%) of any side or rear yard area within which the deck is located.
{b} Decks located over a floor below may only be permitted where the subject yard abuts a landscaped open space area at least twenty feet (20') wide along the entire length of the subject lot line.
{6} The twenty foot (20') distance may be reduced to ten feet (10') where the rear yard area abuts a landscaped open space area and where no two (2) rear foundation walls are located closer than forty feet (40') to each other.
G. Area, Yard And Distance Requirements For Townhouses.
(1) Minimum distances between townhouse buildings shall be measured horizontally in feet, and shall be measured away from the front, side and rear of each building. The total minimum separation between the buildings shall be the sum of the two (2) abutting distances, and each building shall have one (1) front, one (1) rear and two (2) side yards:
(a) The minimum distances shall be twenty-five feet (25') for the front of a building; fifteen feet (15') for the side of a building; and twenty-five feet (25') for the rear of a building;
(b) No portion of any townhouse building shall be closer to any portion of any other townhouse building than the combined distances of the abutting requirements for each building, providing that the corner of a building off-set more than a fifteen (15) degree angle from a line drawn parallel to another building shall be considered a side of the building; and
(c) In any case, and notwithstanding the distances specified hereinabove, no townhouse building shall be located closer than fifty feet (50') to the right-of-way line of any existing public street, no closer than twenty-five feet (25') to any tract boundary line or to the curbing of the cartway of any internal street, no closer than fifteen feet (15') to the lot line of any detached dwelling, and no closer than ten feet (10') to any common off-street parking area.
(2) Lot dimensions encompassing individual townhouse dwelling units may be freely disposed and arranged on a tract of land, provided they are superimposed upon the approved site plan for the subject development and provided further that the boundaries of any townhouse lot does not infringe upon any common open space areas.
H. Maximum Building Height.
(1) No detached dwelling unit or townhouse building shall exceed thirty-five feet (35') in height and two and one-half (2.5) stories, except that chimneys shall have no height restrictions. Additionally, walk-out basements are not to be calculated into the overall height of a building.
(2) No clubhouse or other recreation center building shall exceed thirty-eight feet (38') and two and one-half (2 1/2) stories, except that chimneys shall have no height restrictions. Additionally, walk-out basements are not to be calculated into the overall height of a building.
(3) Any other accessory building, as may be approved by the Planning Board, shall not exceed fifteen feet (15') in height and one and one-half (1 1/2) stories.
I. Design Requirements For Age-Restricted Detached Dwelling Units.
(1) Diversity of architectural design for the single-family detached dwellings within an age-restricted housing development shall meet the following requirements:
(a) No construction permit shall be issued for any detached dwelling unit within an age restricted housing development if it is substantially similar in exterior design with any neighboring dwelling unit situated on another lot on the same street, either on the same side of the street or on the opposite side of the street, unless the two (2) lots are separated by a distance of at least sixty feet (60').
(b) Detached dwelling units shall be considered "substantially similar in exterior design" if they have any one (1) of the following three
(3) architectural characteristics:
[1] The same basic dimensions and floor plans are used without significant differentiation to the exterior elevations;
[2] The architectural design of the roofs are without significant change in appearance; or
[3] The architectural design of windows and front door entranceways are without significant change in appearance.
(2) The requirements of this subsection shall not be considered satisfied where minor changes or deviations to architectural plans and/or lot location surveys are made for the primary purpose of circumventing the requirements of this subsection.
(3) The different designs proposed by an applicant shall be identified by the applicant as to model and elevation and shall be reviewed and approved by the Planning Board at the time of final subdivision approval.
(4) In order to insure conformity with the requirements of this subsection and the final subdivision approval by the Board, at the time application is made for each construction permit for each detached dwelling unit, the developer shall provide a map of the approved final subdivision to the Construction Official with a clear indication of the model and elevation of each dwelling unit for which a construction permit has been issued, or is requested to be issued.
J. Design Requirements For Age-Restricted Townhouse Dwelling Units.
(1) No townhouse dwelling unit shall be less than twenty-eight feet (28') wide.
(2) No more than six (6) townhouse dwelling units shall be located in any one (1) building.
K. Private Garages And Driveways.
(1) Each detached dwelling unit and each townhouse dwelling unit with a width greater than thirty feet (30') shall be provided with a two (2) car garage. All other townhouse dwelling units shall be provided with either a one (1) or two (2) car garage.
(2) Garages shall be attached to the principal building and shall be considered part of the detached dwelling unit for all setback requirements; no detached accessory garages shall be permitted.
(3) Each driveway leading to the garage shall be at least eighteen feet (18') in length, measured between the face of the garage door and the public sidewalk in front of the unit.
(4) No driveway on a detached dwelling unit lot shall be located within five feet (5) of any property line, except that the turn-around pavement area providing access to a sideentry garage on a lot with frontage on the bulb of a cul-de-sac may be located within three feet (3') of a property line.
L. Required Parking.
(1) Detached dwelling units shall be provided 1.5 spaces per 2bedroom unit; 2.0 spaces per 3-bedroom unit; 2.5 spaces per 4-bedroom unit; and 3.0 spaces per five (5) or more bedroom unit. Where the bedroom count per unit is not specified, 2.5 spaces per dwelling unit shall be provided.
(2) Given the age-restricted occupancy of the townhouse units, each such townhouse dwelling unit shall be provided 1.5 spaces for each 1-bedroom or 2-bedroom unit and 2.0 spaces for each 3-bedroom unit. Where the bedroom count per dwelling unit is not specified, 2.0 spaces per dwelling unit shall be provided.
(3) For both detached and townhouse dwelling units, each garage space shall count as 1.0 parking space, regardless of the length of the driveway.
(4) A two (2) car garage and driveway combination shall count as 3.5 parking spaces for a detached or townhouse dwelling unit, and a one (1) car garage and driveway combination shall count as two (2) parking spaces, provided that each driveway space measures a minimum of ten feet (10') in width for a minimum of eighteen feet (18') in length between the face of the garage door and the public sidewalk in front of the unit. Therefore, a one (1) car driveway shall be a minimum of ten feet (10') wide and eighteen feet (18') long, and a two (2) car driveway shall be a minimum of twenty feet (20') wide and eighteen feet (18') long.
(5) In any case, an adequate number of parking spaces shall be required to accommodate visitors to the residents within the development. Therefore, in addition to the parking spaces otherwise required for each dwelling unit, an additional number of off-street and/or on-street parking spaces, equal to one-quarter ('/4) space per each unit, shall be provided.
(6) The clubhouse at the recreational center shall be provided a minimum of 0.125 off-street parking spaces per dwelling unit.
(7) All other applicable requirements of the "New Jersey Residential Site Improvement Standards" shall be met.
M. Open Space Requirements.
(1) In addition to the deed restriction for agricultural/open space use of the approximately eighty-four (84) acres of land identified as Block 99/Lot 4 on the Township Tax Maps (a.k.a. "Resnick-Victoria Ridge"), with the additional allowance to construct one (1) single-family home thereon, a land area equal to a minimum of twenty percent (20%) of the tract of land proposed for the age-restricted housing development shall be specifically set aside for conservation, for the recreational facilities noted in Subsection 285-23A. N. herein below and/or for other open space uses.
(a) Land utilized for street rights-of-way and detention or retention basins shall not be included as part of the above twenty percent (20%).
(b) Moreover, no more than one-half (2) of the minimum twenty percent (20%) land area may be wetlands, wetlands transition areas and/or 100-year flood plains.
(2) Any land proposed and approved by the Planning Board as open space shall be dedicated to that purpose only.
(3) To the extent practicable, all individual residential lots shall abut open space.
(4) Open space may be offered by deed to Pohatcong Township or dedicated as "Common Open Space" to an open space organization.
(a) If the applicant proposes that the open space shall be dedicated to the Township, then the Planning Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary approval of any development application containing the subject open space.
(b) All open space not offered to and/or not accepted by the Township shall be owned and maintained by a duly formed Homeowners Association or other open space organization as provided in N.J.S.A. 40:55D-43. Such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise.
N. Required Recreational Facilities.
(1) Each age-restricted housing development shall provide adequate active recreational facilities within the specified open space in order to satisfy the needs of the anticipated residential population of the development. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
(2) The following listing and ratios of recreational facilities are recommended as guidelines for the applicant and Planning Board in their evaluation of the adequacy of proposed recreational facilities within an age-restricted housing development, although alternative recreational facilities and ratios thereof may be proposed by the applicant and approved by the Board:
(a) One (1) swimming pool shall be provided for the age-restricted units. The swimming pool shall have a minimum water surface of eighteen hundred (1,800) square feet, and a deck/patio equal to an area equivalent to one hundred fifty percent (150%) of the water surface area.
(b) One (1) tennis court shall be provided.
(c) One (1) clubhouse/recreation building, at least seven thousand (7,000) gross square feet in area, shall be provided to serve the age-restricted dwelling units, with the required adjacent off-street parking.
(d) At least four (4) courts, either Bocce and/or shuffleboard, shall be provided for the age restricted development.
(e) Jogging and bicycle paths and/or sidewalks, or a combination of both, shall be provided as part of an age-restricted housing development.
O. Fences And Walls.
Fences and walls shall only be permitted if specifically approved by the Planning Board as part of the site plan approval and/or if a standard for the location and type of the fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the open space organization documents. Therefore, a standard type and size of fencing and/or wall that may be used on individual lots shall be submitted to the Planning Board for review and approval.
P. Signage.
(1) An age-restricted housing development shall be permitted one (1) ground mounted free-standing sign at the entrance to the development in accordance with the following:
(a) The sign shall be no larger that forty (40) square feet in area and shall identify the name of the age-restricted housing development;
(b) In addition to the maximum sign size of forty (40) square feet, the sign may include supporting framework, including columns, pillars and walls, provided that the supporting framework is incidental to the display itself, is compatible with the architectural and landscape design of the development, and is specifically approved by the Planning Board.
(c) In any case, each sign and any supporting framework shall not exceed eight feet (8') in height and shall be set back at least twenty feet (20') from all property and street lines.
(d) Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
(2) Additional signage within the interior of the site may be approved by the Planning Board for directional purposes or for other good cause shown by the applicant as part of the site plan approval.
(3) Sales and marketing signs for model homes, individual lots and for new homes shall be permitted during the sale and construction of the homes, provided that typical signs are approved by the Planning Board.
Q. Lighting.
(1) Lighting shall be minimal for security and safety purposes, and a lighting plan shall be submitted for review and approval by the Planning Board indicating the location of the lighting fixtures, the direction of illumination, the wattage and isolux curves for each fixture, and the details of the lighting poles and luminaries.
(2) The lighting is to be provided by fixtures with a mounting height not higher than eighteen feet (18') along the streets and within the recreational complex. Lighting along the streets is to be provided at intersections and at the end of streets or at angle points along the streets.
(3) The lighting fixtures shall include non-glare lights with recessed lenses focused downward and with "cut-off' shields as appropriate in order to mitigate against adverse impacts upon adjacent and nearby properties, the safety of traffic along adjacent roadways and overhead skyglow.
(4) Any lighting specifically provided along any sidewalk or pathway shall be via bollard lighting not more than four feet (4') in height and/or via other decorative fixtures with a mounting height not higher than twelve feet (12').
(5) The light intensity provided at ground level shall be indicated in footcandles on the submitted plans and shall average not less than five-tenths (0.5) footcandles at intersections and shall average not more than one (1.0) footcandle throughout any area to be illuminated. Lighting levels for pathways shall maintain an average of approximately 0.25 footcandles along the pathways to be lighted.
(6) Street lighting in addition to the minimum amount required for security and safety purposes may be approved by the Planning Board for developments which have a Homeowners Association or other open space organization, provided the following:
(a) An additional street lighting is optional and shall be maintained and operated by the open space organization; and
(b) In the event that a developer elects to install more street lighting than required for security and safety purposes, agreements between the Township and the developer, together with its successor and assigns, shall be entered into memorializing the perpetual obligation of the Homeowners Association or other open space organization to operate and maintain said additional lighting.
R. Landscaping.
(1) A landscaping plan shall be submitted to the Panning Board for review and approval.
(2) The landscaping plan shall be conceived as a total pattern throughout the development, integrating the various elements of the architectural design of the buildings and creating an aesthetically pleasing environment.
S. Affordable Housing Requirements.
(1) An age-restricted housing development shall be considered to be an "inclusionary" development in accordance with the "Substantive Rules" of the New Jersey Council On Affordable Housing (COAH).
(2) However, in lieu of actually constructing affordable housing units on the subject property, in accordance with COAH's "Substantive Rules", the developer shall contribute thirty-five thousand dollars ($35,000) per ten percent (10%) of the total units approved within the age-restricted development, which moneys shall be deposited in the Pohatcong Township "Housing Trust Fund" to be utilized for any activity approved by COAH which addresses the "fair share" housing obligation of Pohatcong Township.
(3) Based upon three hundred twelve (312) total units, the resulting fee will be $1,085,000 (i.e., 312 du x 10% = 31.2 or 32 du x $35,000/du = $1,085,000), which computes to $3,477.57 per dwelling unit.
(4) Payments shall be made to Pohatcong Township in accordance with the following schedule:
(a) One-third (1/3) at the time of the issuance of the first construction permit;
(b) An additional one-third (1/3) at the time when fifty percent (50%) of the units receive "Certificates of Occupancy"; and
(c) The final one-third (1/3) at the time when seventy-five percent (75%) of the units receive "Certificates of Occupancy".
T. Other Applicable Requirements.
All other provisions of the Code of the Township of Pohatcong which are not in conflict with the "ARH" Age-Restricted Housing Overlay Zoning provisions specified herein shall apply to any age-restricted housing development.
**Webmasters Note: The previous Section has been amended as per Ordinance No. 03-19.
