[Added 8-14-2017 by Ord.
No. 2017-14]
A.
The purpose of the Fostertown Road Mixed-Use (FR-MX) District is
to facilitate a mixed-use development within a single tract designed
to create a total of 600 residential units (not inclusive of assisted
living facilities), which will include a 20% set-aside of affordable
units that will be governed by controls on affordability and comply
with all other Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq. ("UHAC"), requirements as of the date of the adoption of this
article.
B.
This article shall apply specifically to the future mixed-use development
to be located on Block 302.15, Lots 10 and 11.
C.
The provisions of this article shall govern all future development
of this property. In any case where this article shall conflict with
any other portions of the Zoning Ordinance, the Site Plan Ordinance
or any other ordinance of the Township of Mount Laurel, the language
of this article shall prevail and be binding. However, in all areas
not covered by this article and where the Zoning Ordinance, Land Subdivision
Ordinance and Site Plan Ordinance, Off-Site Improvement Ordinance
and Soil Erosion and Sediment Control Ordinance are applicable, those
ordinances apply.
A.
In the Fostertown Road Mixed-Use (FR-MX) District, no building or
other structure and no land shall be used, and no building or other
structure shall be built, altered or erected to be used, for any purpose
other than that of:
(1)
Multiple-family apartments.
(2)
Townhouses.
(3)
Assisted living facilities.
(4)
Retail sales, trade and other related businesses.
(5)
Personal, business and recreational services.
(6)
Eating or drinking establishments.
(7)
Banks.
(8)
Professional, business and corporate offices, including medical
offices.
(9)
Hotels.
(10)
Indoor theaters, including motion picture theaters.
(11)
Indoor entertainment.
(12)
Indoor recreation, including health or fitness clubs/studios.
B.
Multiple uses and buildings are permitted within a mixed-use development
tract.
A.
Parking facilities.
B.
Private passive or active recreational facilities, including, but
not limited to: a clubhouse and swimming pool.
C.
Stormwater management facilities.
D.
Streets and driveways subject to the New Jersey Residential Site
Improvement Standards (RSIS).
E.
All necessary utilities.
F.
Other accessory uses and structures normally considered incidental
to one or more of the principal uses located on the same lot.
G.
Electric
vehicle charging stations or EVSE make ready parking spaces.
[Added 2-28-2022 by Ord. No. 2022-9]
A.
Minimum tract size.
(1)
The required gross tract size for mixed-use development shall
be a minimum of 60 contiguous acres.
(2)
Internal subdivision within the overall tract is allowed for
phasing, financing, conveyance or similar purposes. This includes
the creation of fee simple lots for townhouse units. As the intent
of the Fostertown Road Mixed-Use (FR-MX) District is to encourage
creative and innovative design and provide flexibility in terms of
how use and buildings relate to each other as well as the general
landscape, there shall be no minimum lot area, depth, width or setback
requirements to any interior lot line that may be created as part
of any future subdivision of the development tract.
B.
Maximum development yield.
(1)
The total number of multiple-family apartment and townhouse
units within the Fostertown Road Mixed-Use (FR-MX) District shall
not exceed 600. At least half of the total number of residential units
shall be composed of multiple-family apartment units.
(2)
The gross floor area of the nonresidential space within the
Fostertown Road Mixed-Use (FR-MX) District shall be a minimum of 85,000
square feet and shall not exceed 125,000 square feet.
[Amended 10-22-2018 by Ord. No. 2018-18]
(3)
The total number of assisted living units within the Fostertown
Road Mixed-Use (FR-MX) District shall not exceed 120.
D.
Coverage and open space requirements.
(1)
Impervious coverage for any portion of the tract area devoted
to nonresidential uses or assisted living facilities shall not exceed
72%.
(2)
Open space. Forty percent of the tract area devoted to multiple-family
apartment and townhouse development shall be set aside as permanent
open space to be owned and/or maintained by the property owner and/or
any management entity. Open space shall specifically include all landscaped
areas, stormwater management structures and environmentally restricted
areas on the property.
E.
Building requirements.
(2)
Building location requirements.
(a)
Buildings containing retail commercial uses shall be located
no more than 500 feet from the Route 38 right-of-way.
(b)
Buildings containing assisted living facilities shall be located
no more than 750 feet from the Route 38 right-of-way.
(c)
Buildings containing residential uses shall be located no less
than 200 feet from the Route 38 right-of-way.
(3)
Minimum required building setbacks.
(b)
Accessory uses: 20 feet from any tract boundary line.
(c)
All setbacks shall be measured from the external tract boundary line or right-of-way line, and not as set forth in § 154-68D(3) and (5) requiring setbacks to be measured from required buffer areas.
(4)
Minimum distance between buildings.
(a)
Minimum distance between multifamily apartment buildings: 35
feet.
(b)
Minimum distance between townhouse buildings: 25 feet.
(c)
Minimum distance between commercial buildings: 100 feet.
(d)
Minimum distance between commercial and residential buildings:
100 feet.
(e)
Minimum distance between front or rear of townhouse building:
50 feet.
(6)
The design of the residential buildings shall conform to the
following:
(a)
Floor plans shall be provided for each of the buildings.
(b)
The buildings shall include breaks in the facades with the use
of different colors or materials to break up the horizontal massing
of the building lengths.
(c)
Rooflines shall be pitched.
(d)
All HVAC and mechanical equipment shall be inconspicuously placed
or adequately screened from view.
F.
Parking requirements.
(1)
Residential uses. The minimum number and dimensions of all on-site
parking stalls and parking areas for residential uses and assisted
living facilities shall be governed by the RSIS.
G.
Landscaping and buffering requirements.
(1)
A landscape plan shall be submitted which shall specify the
location of planting material, their minimum sizes, quantity, variety
and species.
(2)
A minimum twenty-five-foot landscaped buffer area shall be provided
along the Route 38 right-of-way and along Fostertown Road. A minimum
fifty-foot landscaped buffer shall be provided along any other tract
boundary line. Said buffers shall be free of structures except for
internal roads, permitted signs and stormwater management facilities.
(3)
There shall be a thirty-foot buffer between the top of the bank
around any constructed stormwater basin, pond, lake or watercourse
and the nearest wall of any residential structure.
(4)
There shall be a minimum fifty-foot landscaped buffer between
residential and commercial developments.
H.
Infrastructure requirements.
(1)
The width of all on-site residential streets shall be governed
by the RSIS.
(2)
Curbs and sidewalks shall be provided along a single side of
the entire length of major internal street frontages. Sidewalks shall
be provided to reasonably connect the residential, commercial, recreational
and parking areas within the development.
(3)
Utilities and stormwater management facilities, including basins
and structures, shall be allowed within any required setback areas.
(4)
The applicant should pursue with the NJDOT a full movement intersection
onto Route 38.
I.
Signage.
A.
Twenty percent of the total residential dwelling units shall be provided
as affordable housing units.
B.
Bedroom distribution: The affordable units shall comply with N.J.A.C.
5:80-26.3 bedroom distribution requirements, adopted as of the date
of the adoption of this article.
C.
The affordable housing units shall be developed and marketed in accordance
with the applicable UHAC regulations and N.J.A.C. 5:93-1 et seq. provisions,[1] adopted as of the date of the adoption of this article,
which requirements include but are not limited to: split between low-
and moderate-income housing, bedroom distribution, range of affordability,
pricing and rent of units, affirmative marketing, affordability controls
and construction phasing with the market-rate units developed on the
tract.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on October 16, 2016.
See: 43 N.J.R. 1203(a).
D.
Consistent with UHAC, the developer (or its agent) may act as the
administrative agent to be responsible for the administering of the
affordable housing program and reporting to the Municipal Housing
Liaison.
E.
Controls on affordability shall expire on each unit 30 years subsequent
to the initial certificate of occupancy.
F.
The affordable housing units shall be integrated within buildings
(i.e., with market -rate units).
[Amended 10-22-2018 by Ord. No. 2018-18]
Trash recycling/enclosure areas shall be suitably located, screened
and arranged for access and ease of collection, and such areas shall
not be part of, restrict or occupy any parking aisle.
A.
The Planning Board shall conduct its review of any inclusionary residential
development application in the Fostertown Road Mixed-Use (FR-MX) District
in accordance with the fast-tracking requirements of Council on Affordable
Housing ("COAH") rules. In order to expedite the review of a multifamily
residential development application, the Planning Board shall cooperate
with the applicant in scheduling pre-application conferences. The
Planning Board shall schedule regular and special monthly meetings
as needed and provide ample time at these meetings to consider the
merits of the inclusionary residential development application.
B.
The applicant for an inclusionary residential development in the
Fostertown Road Mixed-Use (FR-MX) District shall be entitled to invoke
any rights conferred by COAH rules, including the right to request
relief from cost-generating application requirements and development
standards that are not essential to protect the public health and
safety, and the Planning Board shall cooperate with the applicant
for the multifamily residential development in granting reasonable
variances and waivers necessary to construct the inclusionary residential
development.
C.
Cooperation. The Township and Planning Board shall cooperate with
the applicant by expeditiously endorsing applications to other governmental
agencies that require review and approval of that agency.
