over 55 developments

[Tom R]

We have a vaguely written PUD proposal aimed at the over 55 population. Any help with specifics? Thanks.

 

[Jeff]

What exactly are you looking for? They are growing like weeds here in PA.

 

[NHPlanner]

You want to look at the Fair Housing Act, 42 USC Sec. 3601.

Many states also have statutes or laws related to elderly housing, since it is the only legally acceptable form of housing "discrimination."

 

[Tom R]

55

The proposal isn't aimed at the legally elderly I guess. Just empty nesters breathing down the neck of the social security set. The proposal says stuff like "Designed for the active mature adult" etc. Standards for the over 65 are pretty well documented, but this group is in between. We don't want the vague language that in the hands of a good lawyer could mean just about anything.

 

[NHPlanner]

The fair housing act has two distinct portions: one for over 65 and one for over 55. Generally, in order to qualify for over 55, 80% of the housing units must have one occupant greater than 55 years old.

In NH, many communities are (with blessing of the Human Rights Commission) limiting the over 55 developments to 100% occupancy by those over 55.

 

[Tom R]

55

Thanks.

 

[Floridays]

I am not familiar with the entire statute, but on May 18, 2000, the Florida Supreme Court opined that developments which are restricted to persons over the age of 18 years old can not be assessed school impact fees. Developers/property owners must deed-restrict these properties to persons 18 years of age or older.

 

[Jeff]

Everything that I have come across in PA requires at least one of the homeowners to be 55, with none of the residents being under the age of 18.

Minors are usually allowed to stay for like 2 weeks a year.

These have been selling very well around here, but I'm just wondering who is going to enforce the resale of these properties once the developer's sales trailer is gone and it's just the regular neighborhood realtor.

In contrast to what is going on in FL, one of the big reasons the municipalities around here love these developments is because they can hit them up for school taxes without the burden of educating their kids.

 

[Downtown]

If this helps, here are our regs (Town of Colonie, NY)

190-16. Residence Senior Citizen District regulations.

A.Definitions. As used in this section, the following terms shall have the meanings indicated:
HANDICAPPED PERSON:
(1)Any adult having an impairment which is expected to be of long-continued and indefinite duration, is a substantial impediment to his or her ability to live independently and is of a nature that such ability could be improved by more suitable housing conditions; or
(2)A person who is developmentally disabled, i.e., if he or she has a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition found by the United States Secretary of Health, Education and Welfare to be closely related to mental retardation or to require treatment similar to that required for mentally retarded individuals, which disability originates before such individual attains age 18 and which constitutes a substantial handicap to such individual.
SENIOR CITIZEN -- A single person who is 55 years of age or over.
SENIOR CITIZEN OR HANDICAPPED FAMILY:
(1)Families of two or more persons, the head of which (or his or her spouse) is 55 years of age or older, or is a handicapped person; or
(2)The surviving member or members of any family described in Subsection (1) of this definition above, living in a Residence Senior Citizen District with the deceased member of the family at the time of his or her death; or
(3)Two or more elderly or handicapped persons living together or one or more such persons living with another person who provides essential care to said elderly or handicapped persons based upon a certification of such by a licensed physician provided by the tenant family or prospective tenant family.

B.Residence Senior Citizen District use regulations: permitted uses. In a Residence Senior Citizen District, no building, premises or part thereof shall be occupied by any person except a senior citizen and/or handicapped person or family as the same terms are defined and/or qualified by the provisions of this chapter. Additionally, in a Residence Senior Citizen District, no building, premises or part thereof shall be erected or altered, except for the purpose of occupancy by senior citizen and/or handicapped persons or families.

C.Residence Senior Citizen District area regulations and special restrictions.
(1)The minimum required plot area for a Residence Senior Citizen District shall be five acres.
(2)The total building area, including accessory buildings, shall not occupy more than 40% of the total lot area. Accessory buildings shall not occupy more than 10% of the total lot area.
(3)The maximum density shall not exceed 16 dwelling units per acre, and the actual maximum density for a Residence Senior Citizen Zoning District shall be set by the Town Board at the time each Residence Senior Citizen District is established, and said maximum density may be less than 16 dwelling units per acre if the surrounding character of the area proposed to be zoned Residence Senior Citizens warrants the same.
(4)The minimum habitable space shall be 525 square feet for apartment units and 750 square feet for single-family attached dwellings. Each dwelling unit shall contain at least one bedroom.
(5)The building height shall not exceed the building height limit of the zoning district designation in effect on the property at the time immediately preceding the establishment of the Residence Senior Citizen District at the particular location.
(6)Buildings or portions thereof shall be set back from property lines a minimum of one foot for every foot of building height, plus one foot for every 10 feet of building length. In no case shall a building be set back less than 25 feet from any property line.
(7)Accessory buildings or portions thereof shall be set back from property lines a minimum of 10 feet, plus one foot for every foot of building height, plus one foot for every 10 feet of building length. In no case shall an accessory building be set back less than 35 feet from any property line.
(8)Buildings must be separated by a minimum of one foot for every two feet of building height. Building heights shall be determined by the taller building. Distance between buildings shall be a minimum of 20 feet.
(9)Driveways and interior roadways shall not be closer than 20 feet to property lines except for entrances and exits.
(10)Parking areas shall not be closer than 15 feet to any building nor closer than 20 feet to any property line. Parking in the front yard may not be closer than 50 feet to the front property line.
(11)On-site parking shall be provided at a rate of not less than one parking space for every unit. However, the Town Board may increase or decrease said parking requirement at the time each Residence Senior Citizen District is established to reflect parking demand reasonably anticipated by the type of senior citizen housing accommodation(s) proposed to be developed.
(12)Curbs, curb cuts, sidewalks, landscaping, lighting, drainage, grading, and other site work shall be as approved by the Planning Board.
(13)Additional site development programs may be directed by the Town Board and/or its designee for any specific site and may be required to be formalized as deed covenants and restrictions.
(14)If after two years from the date of rezoning to a Residence Senior Citizen District a building permit has not been issued for said rezoned parcel, the Town Board may, upon its own motion or upon application from the owner of such subject parcel, rezone said parcel to the previous zoning or to a new zoning category as may be applicable.
(15)No business or commercial establishments shall be permitted unless they are run exclusively for the use of the tenants or unit owners and unless they collectively do not exceed 500 square feet of gross floor area. However, coin-operated vending services, such as laundry machines, are otherwise permitted.
(16)No person, corporation, or association shall cause, allow, permit, or suffer any oversized vehicle registered in their name or operated by them or their agent to be parked in any manner or place upon a public street or in the street right-of-way, except if such vehicle is actively assisting in an emergency, such as a fire or traffic accident, or the vehicle is in the process of being loaded or unloaded.

 

[NHPlanner]

Our regs:

Chapter 1 - ZONING ORDINANCE

SECTION XIV—ELDERLY HOUSING

1401 Objectives and Characteristics

The Elderly Housing District is designed to permit an increased residential density
above that allowed in the AR-I and R-III districts and to set criteria that assures that
a project for the elderly will address the needs of elderly as opposed to any other
residential use.

Any elderly housing development under this section must be established and
maintained in compliance with the Fair Housing Act, as amended, 42 USC Sec. 3601

et seq. The Board may require assurance of compliance with the Act by deed
restriction or other instrument as condition of approval. “Such assurance may
consist of a written plan submitted by the Developer, which sets forth (1) the
regulations under the Fair Housing Act whereby a project may lawfully discriminate in

favor of elderly residents, and (2) how the Developer does or proposes to comply
with such requirements, including covenants and other deed restrictions and other
to-be-recorded agreements.”

1402 Uses

A. Permitted Uses
1. Elderly Housing
2. Elderly Housing Support Facilities

Elderly Housing shall be allowed in any residential or commercial district in the
Town of Londonderry, as long as all of the requirements of the “Regulations
and Design Criteria” (Section 1403), Elderly Housing, can be met.

1403 Definitions

A. Open Space.

Open Space is that portion of a lot open and unobstructed from its lowest level
to the sky. It shall not include land occupied by buildings and structures as well
as all roads and drives. Where no separate right-of-way is delineated for
private streets, only the pavement areas of the street, curbs and sidewalks are
excluded. Walkways integral to the open space areas that are not curbside
sidewalks do not count. A minimum of 30% of the required open space shall be
useable lands. Minimum areas between dwellings (1404.B.) and the minimum
setback between the building and the edge of right-of-way for the internal road
system (1404.C.) shall not be counted towards the required 30% useable
uplands. Up to 50% of the required open space can be wetlands or water
bodies.

B. Useable Uplands

Land which is not a water body, wetland, or steep slopes above 25%.

1404 Regulations and Design Criteria

A. Minimum size of tract area for a elderly housing development shall be fifteen
(15) acres. This tract shall have a minimum of fifty (50) foot frontage on a Class

V road or better and, at the discretion of the Planning Board, a second fifty (50)

foot frontage on a Class V road or better may be required for traffic circulation
or safety.

B. Each dwelling shall have a minimum separation from any other building of sixty
(60) feet. Each single family dwelling shall have a minimum separation from any

other building of thirty (30) feet.

C. Each building shall have a minimum setback of forty (40) feet from the edge of
right-of-way of the internal road system.

D. Buffers - The Planning Board shall establish the criteria for a Buffer zone
around the entire perimeter of the site based on the following:
1. Topographic features of the site and adjacent studies;
2. Use or zoning classification of abutting land;
3. Degree of visual barrier provided by proposed buffer.

In no event shall the buffer zone be less than the following:

Adjacent zone or use:

AR-I, R-III, = 30 feet
C-I, C-II, C-III = 50 feet
I-I, I-II = 50 feet

The criteria for establishing the buffer zone is found in the “Non-Residential
Site Plan Review Regulations” and “Subdivision Regulations” of the Town of
Londonderry, as amended.

E. Parking - There shall be two (2) parking spaces per dwelling unit. The Planning
Board shall carefully consider the location of the parking area and the parking
area's access to the unit it serves in keeping with its attendant use by the
elderly.

F. Building Height - Building height shall be limited to one story unless:
1. the second floor has an at-grade access, or
2. the second floor is served by an elevator.
The building height shall not exceed thirty-five (35) feet.

G. Dwelling Units - The standard dwelling unit will be two (2) bedrooms. The base
population shall not exceed an average of two persons per unit for site. A site
specific floor plan shall be part of the approval process and all designs shall
reflect full time occupancy of no greater than two residents per unit.

H. Open Space - Open space as defined elsewhere in this section of the zoning
ordinance shall constitute no less than seventy (70) percent of the gross tract
area of the site.

I. Allowed Support Facility Uses - Support facilities for housing for the elderly may
include, but shall not be limited to the following:
1. Non-denominational chapel;
2. “Neighborhood” market;
3. Recreational facilities (i.e., card rooms, swimming pool, meeting room, video

room, music room, etc.);
4. Postal sub-station;
5. Medical sub-station (i.e., first aid, pharmacy, circuit health-care, etc.)
6. Library;
7. Circuit Veterinary Care.

In the Planning Board's deliberations to allow any nonresidential use as support
facilities, the Planning Board shall give strong consideration to the needs of
elderly, not the applicant.

J. Site Ownership - At the time of application, the entire site shall either be under
one owner, or documents shall be submitted with application that show that all
owners of record have applied to the Planning Board for consolidation, pending
approval of the site plan.

K. Agreements, Restrictions and Provisions - All agreements, deed restrictions and
organizational provisions for methods of management and maintenance of the
common land, roads, utilities and support facilities shall be approved by the
Planning Board. The site must be made subject to permanent covenants and
their spouses aged 55 years of age or older, with authority, but not the obligation

to enforce such granted to the town of Londonderry as well as the dwelling unit
owners’ association.

L. Road Construction - All roads and drives in a site shall be privately owned and
maintained. Street design and construction is subject to the approval of the
Planning Board. Easements for emergency access and relief from liability shall be

given to the Town in a form acceptable to Town counsel.

M. Review - Any proposed elderly housing development shall be subject to the
“Non-Residential Site Plan Review Regulations” of the Town of Londonderry, as
amended.

N. Density - Maximum density shall be determined as follows:
1. From Gross Tract Area subtract:
- Soils classified as poorly and very poorly drained;
- Areas of slopes greater than fifteen (15) percent;
- Wetlands;
- Bodies of standing water.
2. The resulting calculation shall be called “net tract area” and shall be the
basis for density determinations as follows:
a. Sites with P.U.C. regulated municipal water and sewer disposal system,
1. No greater than six (6) dwelling units per acre.
b. An area or areas shall be set aside in perpetuity and designated for
sewerage disposal, its capacity shall be determined for acceptance on
leachate on a site specific basis. The density shall be determined by
using the State of New Hampshire criteria for flowage for housing for the

elderly on a per bedroom basis and dividing that number into the
capacity of the site and then multiplied by a safety factor of eighty
(80) percent.

 

[mike gurnee]

Elderly housing district? your points are well thought out, but how many pages is your zoining code?

 

[Cardinal]

I am not familiar with the entire statute, but on May 18, 2000, the Florida Supreme Court opined that developments which are restricted to persons over the age of 18 years old can not be assessed school impact fees. Developers/property owners must deed-restrict these properties to persons 18 years of age or older.

This strikes me as absurd. Do they not benefit from having other members of the community educated? Are they not going to participate in continuing education programs? If I deed restrict a development to people who don't swim, can I be exempted from the part of the parks impact fees that might be applied to lakes management? I suppose they should not have to pay property taxes to support these functions too?

 

[Jeff]

Yes it is necessary to put age-restricted in it's own district, or at least in an overlay because if not, at least in SE PA they would be everywhere.

These seem to be all the rage nowadays, as empty nesters are looking for house upgrades, and to be quite honest with you, really don't want to deal with all the kids in the neighborhood. Plus they can usually be built in a higher density than traditional SFD and the costs for road improvements are generally much lower because ITE hasn't published much on the trip generation rates on these yet so everybody is kinda just making them up as they go along.

They require their own regs because unlike traditional SFD developments, these are generally based around a community center and recreational facilities, along with open space.

And the municipalities love them because they don't have an increase in the school population. No, I don't think that they are in favor of an uneducated population, but around here there just isn't any room for any more students in the schools. This area was mostly rural 25 years ago (suburban nightmare now), and it just isn't feasible to keep building schools to keep up with the ever increasing population, especially in the areas which are almost built out, there aren't tracts of land left to put schools on.

 

[NHPlanner]

I am not familiar with the entire statute, but on May 18, 2000, the Florida Supreme Court opined that developments which are restricted to persons over the age of 18 years old can not be assessed school impact fees. Developers/property owners must deed-restrict these properties to persons 18 years of age or older.

This strikes me as blatant discrimination, which I can't believe a court would uphold. I've been told by many an attorney that the only legal housing discrimination is elderly housing.

 

[Jeff]

Shot in the dark

Speaking of these....

Anyone know of any of these developments that are planned or are in place in Harford County, MD??

 

[mike gurnee]

Mike DeVuono,
Thanks for your explanation. My statement shows how we can become biased towards our own places of work without taking into consideration development dynamics of other markets.

 

[Tom R]

55

I never thought I would start such a long and in depth conversation. Thanks again. tr