[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.
C. 
Phasing.
(1) 
Phasing of the development of the overall tract shall be allowed subject to Planning Board approval.
(2) 
The phasing of the inclusionary development shall be in accordance with UHAC requirements.
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.
(1) 
Building height.
(a) 
The maximum building height for principal buildings shall be three stories and 50 feet.
(b) 
The maximum building height for accessory buildings shall be one story and 15 feet.
(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.
(a) 
Principal uses.
[1] 
Assisted living facilities: 100 feet from the Route 38 right-of-way and 50 feet from any other tract boundary line.
[2] 
Retail commercial: 75 feet from the Route 38 right-of-way and 50 feet from any other tract boundary line.
(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.
(5) 
Maximum number of units per building.
(a) 
A maximum of 36 units shall be permitted in each multifamily apartment building.
(b) 
A maximum of eight attached units shall be permitted in each townhouse building.
(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.
(2) 
Commercial uses. The minimum number and dimensions of all on-site parking stalls and parking areas shall be governed by § 154-69.
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.
(1) 
Permanent and temporary signs and sign types are permitted in accordance with § 154-92.4.
(2) 
Residential and assisted living uses shall be subject to the sign regulations set forth in § 154-92.5.
(3) 
Nonresidential uses shall be subject to the sign regulations set forth in § 154-92.6B and C.
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.