The following regulations shall apply in the
R-1 Residential Zone:
A.
Permitted uses:
(1)
One-family detached dwellings on one-acre lots where
public water and sewers are available. On-site water and sewers will
be permitted where public facilities are unavailable. Density of development
shall not exceed one dwelling unit per net acre.
[Amended 6-14-2005 by Ord. No. 16-2005]
(2)
Farms. If the farm exceeds 100 acres in size, one
additional dwelling unit for agricultural employee housing shall be
allowed without necessity of subdivision or variance.
B.
Permitted accessory buildings and structures:
(1)
Private garages and carports.
(2)
Private greenhouses not operated for profit.
(3)
Animal shelters for domestic pets, provided that the
building area does not exceed 25 square feet.
(4)
Storage buildings of 200 square feet or less in area.
(5)
Private swimming pools accessory to the residential
use.
The following regulations shall apply in the
R-2 Residential Zone:
A.
Permitted uses:
[Amended 6-14-2005 by Ord. No. 16-2005]
(1)
One-family detached dwellings on one-acre lots where
public water and sewers are available. On-site water and sewers will
be permitted where public facilities are unavailable. Density for
projects developed under this subsection should not exceed one unit
per net acre.
(2)
One-family detached dwellings on lots of 20,000 square
feet with both public water and sewers required. Density for projects
developed under this subsection shall not exceed two units per net
acre.
B.
Permitted accessory buildings and structures:
(1)
Private garages and carports.
(2)
Private greenhouses not operated for profit.
(3)
Animal shelters for domestic pets, provided that the
building area does not exceed 25 square feet.
(4)
Storage buildings of 200 square feet or less in area.
(5)
Private swimming pools accessory to the residential
use.
The following regulations shall apply in the
R-3 and R-4 Residential Zones:
A.
Permitted uses.
[Amended 8-12-1997 by Ord. No. 14-1997]
(1)
One-family detached dwellings on one acre lots, provided
that no more than three dwelling units are involved if the development
application is not classified as a major subdivision. Each dwelling
unit must be served by public water and sewer where available. On-site
water and sewers will be permitted where public facilities are unavailable.
(2)
One-family detached dwellings on lots of 20,000 square
feet with both public water and sewers required, provided that no
more than three dwelling units are involved if the development application
is not classified as a major subdivision.
(3)
Multifamily housing at a net density of 10 dwelling
units per acre containing a fifteen-percent mandatory set-aside for
low- and moderate-income rental housing built pursuant to the provisions
of this chapter. All affordable rental units constructed under this
provision shall help satisfy the Township’s rental obligation,
as specified in the fair share plan. It is the intent of the Township
to delete this subsection upon the approval by COAH, or the Courts,
of a housing element and fair share plan that demonstrates that the
Township’s rental obligation has been satisfied.
[Amended 2-28-2006 by Ord. No. 1-2006]
B.
Permitted accessory buildings and structures for single-family
detached housing:
(1)
Private garages and carports.
(2)
Private greenhouses not operated for profit.
(3)
Animal shelters for domestic pets, provided that the
building area does not exceed 25 square feet.
(4)
Storage buildings of 200 square feet or less in area.
(5)
Private swimming pools accessory to the residential
use.
The following regulations shall apply in the
R-5 Residential Zone:
A.
Permitted uses:
(1)
One-family detached dwellings on one-acre lots where
public water and sewers are available. On-site water and sewers will
be permitted where public facilities are unavailable. Density of development
shall not exceed one dwelling unit per net acre.
[Amended 6-14-2005 by Ord. No. 16-2005]
(2)
Schools, parks and office buildings for governmental
entities or agencies, including state, county and Township.
(3)
Golf courses.
(4)
Cemeteries.
B.
Permitted accessory buildings and structures for single-family
detached housing:
(1)
Private garages and carports.
(2)
Private greenhouses not operated for profit.
(3)
Animal shelters for domestic pets, provided that the
building area does not exceed 25 square feet.
(4)
Storage buildings of 200 square feet or less in area.
(5)
Private swimming pools accessory to the residential
use.
The following regulations shall apply in the
R-6 Residential Zone:
A.
Permitted uses:
[Amended 6-14-2005 by Ord. No. 16-2005]
(1)
One-family detached dwellings on one-acre lots where
public water and sewers are available. On-site water and sewers will
be permitted where public facilities are unavailable. Density for
projects developed under this subsection should not exceed one unit
per net acre.
(2)
One-family detached dwellings on lots of 20,000 square
feet with both public water and sewers required. Density for projects
developed under this subsection shall not exceed two units per net
acre.
(3)
One-family detached dwellings, cluster type, on lots
of a minimum of 15,000 square feet with all public water and sewers
required. The land saved as a result of building under the cluster
provisions of this chapter shall be set aside as open space in accordance
with the provisions for the preservation of open spaces as set forth
in the Municipal Land Use Law. Said open space so set aside shall
not be less than 10% of the total tract under development. The computation
of density for development under the cluster provision is not to exceed
two units per net acre.
B.
Permitted accessory buildings and structures:
(1)
Private garages and carports.
(2)
Private greenhouses not operated for profit.
(3)
Animal shelters for domestic pets, provided that the
building area does not exceed 25 square feet.
(4)
Storage buildings of 200 square feet or less in area.
(5)
Private swimming pools accessory to the residential
use.
[Added 2-28-2006 by Ord. No. 1-2006]
The purpose of the R-7 Residential Zone is to
provide for the construction of a residential development consisting
of a total of 578 dwelling units that is intended to assist the Township
of Westampton in satisfying a portion of its fair share housing obligation.
The development shall consist of a combination of age-restricted,
detached, single-family dwelling units; non-age-restricted, attached,
dwelling units; and age-restricted, attached, rental, dwelling units
set aside for low- and/or moderate-income households. The R-7 Residential
Zone shall encompass the following properties, all of which are currently
located within the I Industrial Zone and which shall hereafter be
referred to as the "tract": Block 402, Lot 7; Block 403, Lot 10; Block
806, Lot 2; Block 402, Lots 6 and 6.01; and Block 403, Lots 7, 8,
and 9. The following regulations shall apply in the R-7 Zone.
A.
AGE-RESTRICTED DWELLING
COAH
DWELLING, SINGLE-FAMILY
DWELLING, ATTACHED
HUD
RECREATIONAL FACILITIES
SIGN, DEVELOPMENT IDENTIFICATION
Definitions. The following terms shall apply to the
R-7 Residential Zone:
A residential dwelling unit that qualifies as "55 and over"
restricted housing in accordance with the Federal Fair Housing Act,
as amended, and the regulations promulgated thereunder.
The New Jersey State Council on Affordable Housing.
A detached building and dwelling unit designed for and occupied
by one family.
A building consisting of two or more dwelling units, such
as but not limited to townhouses, row houses, garden apartments or
flats.
The United States Department of Housing and Urban Development.
May include items such as but not limited to clubhouse(s)
and other buildings for recreational uses, bike path(s), walking path(s),
tennis court(s), bocce court(s), swimming pool(s) and similar recreational
improvements and related parking.
A one-sided or two-sided sign located at an entrance from
a public street to a development within the R-7 Zone, the purpose
of which is to provide the name and other identifying information
about said development.
B.
Permitted principal uses:
(1)
Age-restricted, detached, single-family dwelling
units shall comprise approximately 276 market-rate dwelling units
within the R-7 Zone.
(2)
Non-age-restricted, attached, market-rate dwelling
units shall comprise a maximum of 228 dwelling units within the R-7
Zone. Of this total, a maximum of 112 may be twenty-four-foot-wide
attached dwelling units and approximately 116 shall be twenty-eight-foot-wide
attached dwelling units.
(3)
Age-restricted, attached, dwelling units shall
comprise a total of 24 dwelling units within a single building and
with all such units set aside for low- and/or moderate-income households
as per current COAH regulations (N.J.A.C. 5:93).
(4)
A minimum of 50 dwelling units set aside for
low- and/or moderate-income households as per current COAH regulations
(N.J.A.C. 5:93). These units are not limited to age-restricted rental
units, nor must the units be all attached units. A regional contribution
agreement (RCA) for some or all of the 50 affordable units may be
substituted in lieu of constructing the units on site, subject to
the approval of Westampton Township and a receiving municipality and
in compliance with COAH rules and regulations. The substitution is
also conditioned that the RCA, or a combination of an RCA and on-site
construction, shall total 50 dwelling units.
D.
Conditional uses permitted: none.
E.
Tract requirements.
(1)
Number of units: The maximum number of residential
dwelling units shall be 578 minus any units that are included in an
approved regional contribution agreement.
(2)
Buffers:
(a)
Buffer strips shall be provided along all tract
property lines as set forth in this subsection, except where a watercourse
and related regulatory buffer comprise the property boundary line.
However, streets and driveways providing access to any development
in the R-7 Zone may traverse a buffer strip. A pipeline or other utility
easement and stormwater management structures or facilities of any
kind whatsoever may be located within a required buffer area.
(b)
Minimum buffer to all tract property lines:
25 feet.
(c)
Minimum buffer to the New Jersey Turnpike: 100
feet.
(d)
A twenty-foot portion of a required buffer shall
be comprised of a six-foot-high visual barrier of evergreen plantings
set in a double row, staggered and spaced to accomplish this purpose
or, at the developer's option, landscaped with a mixture of evergreen
and deciduous plantings designed to accomplish this goal.
(3)
Projections into required yards. Ornamental
building features, such as bay windows, fireplaces and chimneys and
building overhangs, may project up to two feet into required yards
(attached decks, patios, canopies, awnings, etc. may project within
the required rear yard setback to a distance not to exceed 1/2 of
the required rear yard setback for the type of building to which it
is attached).
(4)
Open space: A total of 20% of the tract shall
be reserved for a combination of open space and recreational facilities.
Wetland areas, wetland transition areas, detention basins and required
buffers may be considered open space for the purposes of this requirement.
(5)
Recreational facilities. The following recreational facilities shall be provided for the exclusive use of residents of age-restricted dwellings within the R-7 Zone: a clubhouse, outdoor swimming pool, bocce court(s), tennis court(s), decorative and safety fencing, and related parking. Recreational facilities for non-age-restricted dwellings shall be provided in conformance with § 250-22W of the Zoning Ordinance, except that a contribution in the amount of $2,000 per non-age-restricted market unit shall be paid in lieu of constructing some or all of the required facilities, which sum shall be paid to the Recreational Trust Fund. In the event that some but not all of the recreational facilities set forth in § 250-22W of the Zoning Ordinance are constructed, the value of those facilities shall be deducted from the per-unit Recreational Trust Fund contribution on a pro-rata basis.
(6)
Development identification signs:
(a)
The sign regulations in § 250-25 of this chapter shall not apply to development identification signs within the R-7 Zone.
(b)
A maximum of 2 single-sided or a single two-sided
development identification sign(s) shall be permitted at each entrance
from a public street to a development within the R-7 Zone.
(c)
The maximum area of a development identification
sign shall not exceed 25 square feet on the face of the sign, which
shall include all lettering, wording, coloring and accompanying designs
and symbols, together with background, but excluding any associated
decorative elements or supporting framework, such as landscaping,
berming, fencing, stone or masonry columns or walls, or any combination
of the above or other ornamentation or materials, provided that any
sign and associated decorative elements shall not exceed six feet
in height above finished grade.
(d)
The minimum setback of a development identification
sign from a public street shall be 15 feet from the curbline.
(e)
A development identification sign may be located
a minimum of 10 feet from a private road or driveway providing access
to a development within the R-7 Zone, or it may be located on a boulevard
or other island or median, and shall be permitted a minimum of 15
feet from the projected intersection of the curblines of cross streets.
All signs, including those within public street rights-of-way, shall
be maintained by a homeowners' association.
F.
Area, yard and building requirements:
(1)
Age-restricted one-family dwellings.
(a)
Minimum lot area: 5,500 square feet.
(b)
Minimum front yard setback: 20 feet. At least
18 feet in length shall be provided from a garage door to the outside
edge of street sidewalks.
(c)
Minimum side yard setback (one/both): four feet/10
feet.
(d)
Minimum rear yard setback: 20 feet.
(e)
Minimum distance between buildings: 10 feet.
(f)
Maximum building height: 35 feet/2 1/2
stories.
(g)
Lot frontage: 36 feet at the right-of-way line.
(h)
Lot width: 50 feet at the building setback line.
(2)
Non-age-restricted attached dwellings.
(a)
Minimum lot area: 2,500 square feet.
(b)
Minimum front yard setback: 20 feet. At least
18 feet in length shall be provided from a garage door to the outside
edge of street sidewalks.
(c)
Minimum side yard setback: 15 feet, except zero
feet to a common wall.
(d)
Minimum rear yard setback: 30 feet.
(f)
Maximum building height: 2 1/2 stories
or 35 feet.
(g)
Minimum lot frontage: 15 feet at the right-of-way
line.
(h)
Minimum lot width: 24 feet at the building setback
line.
(i)
Maximum dwelling units per structure: eight.
(3)
Age-restricted attached dwellings.
(4)
Accessory buildings and structures.
(a)
Any accessory building or structure attached
to the principal building shall adhere to the yard requirements for
the principal building.
(b)
No accessory building or structure shall be
closer to the front property than the rear building line of the principal
building.
(c)
No accessory building, structure or use shall
be located within six feet of a rear or side yard property line.
G.
Minimum parking requirements.
(1)
Residential uses: In accordance with the requirements
of the New Jersey Residential Site Improvement Standards (N.J.A.C.
5:21-1.1 et seq.).
(2)
Clubhouses: One space per 100 square feet.
(3)
Common swimming pools: 20 spaces, except that
this figure may be reduced to 10 spaces for a pool that is located
within 100 feet of a clubhouse serving the development.
H.
Site plan standards and review.
(1)
The standards set forth in Chapter 196 of the Code of Ordinances of the Township of Westampton shall apply to all development within the R-7 Zone, except for the following subsections:
(2)
Building elevations and floor plans shall be
submitted with applications for final site plan and/or subdivision
approval.
I.
Design standards and improvements.
(1)
All of the following improvements, including
but not limited to streets, curbs and/or gutters, pavement, street
grades, sidewalks, street signs, water mains, sanitary sewers and
storm sewers and any other improvements subject to the requirements
of the New Jersey Residential Site Improvement Standards, shall be
in accordance with said New Jersey Residential Site Improvement Standards,
as amended.
(2)
For all other improvements not controlled by the New Jersey Residential Site Improvement Standards, as amended, the standards set forth in Chapter 215 of the Code of Ordinances of the Township of Westampton shall apply, except for the following subsections:
(b)
Section 215-9B shall be modified to require documents in conformance with Burlington County filing requirements, as amended.
(e)
Section 215-14A(7), topsoil protection.
(f)
Section 215-14A(9)(h), annual sewer rental.
(g)
Section 215-14A(9)(i), sewer connection charge.
(i)
Section 215-15, performance guarantees, inspection of improvements, maintenance guarantees and inspection fees shall be submitted and/or completed in conformance with Section 40:55D-53 of the Municipal Land Use Law.
(j)
Section 215-16, engineering fees shall be paid in conformance with Section 40:55D-53 of the Municipal Land Use Law.
(k)
Section 215-19A(10), soil erosion and sediment control.
(l)
Section 215-19A(14)(a)[2], manholes.
(m)
Section 215-19A(15), drainage and drainage improvements.
(3)
Additional standards:
(a)
Copies of any protective covenants or deed restrictions
applying to the land being subdivided should be submitted with the
final application for approval.
(b)
The homeowner or property owner shall pay an
annual sewer fee to the sewer authority or agency having jurisdiction
over the sanitary sewer collection system. The developer shall pay
the sewer connection charge to the Willingboro Sewer Authority.
(c)
Soil erosion and sediment control plans shall
be submitted to the Burlington County Soil Conservation District for
certification as part of the final application for each section of
the development.
(d)
Manholes shall be spaced in accordance with
N.J.A.C. 7:14A-23.8.
(e)
Drainage and ditch swales shall be stabilized
in accordance with the Soil Conservation District standards.
(f)
Preliminary subdivision submissions shall include
all engineering information that is necessary and normally required
to produce a complete set of properly engineered construction plans
of the proposed improvements.
(g)
All of the improvements required by this subsection
shall be subject to inspection and approval by the Township Engineer,
who shall be notified by the developer at least 24 hours prior to
the start of construction.
(h)
Streetlighting shall be designed in conformance with § 215-19A(9), except that an alternative design may be approved subject to the payment of all installation costs by the developer and the payment of all maintenance and operating costs by the homeowners' association.
J.
General performance standards.
(1)
Swimming pools shall be constructed in conformance
with all applicable construction and building codes.
(2)
Recreation facilities shall be provided in conformance with § 250-22W of the Zoning Ordinance, except that a contribution in lieu of constructing some or all of the required facilities may be paid to the Township Recreation Trust Fund. The contribution shall be $2,000 per non-age-restricted, market-rate dwelling unit.
(3)
Restrictions on similarity of design. With regard
to attached housing units, the developer shall, to the extent feasible,
alter the exterior of the buildings or structures in order to provide
variation in appearance (accent elements, color, material or design),
except where the similarity in appearance is an element of the design.
The front facade of any attached housing dwelling unit shall not continue
on the same plane for a distance of more than the width of two connected
dwelling units and all offsets between front facades shall be at least
two feet in depth. If garages are to be provided, they shall be an
integral part of the structure and design scheme.
K.
Age-restricted housing. A minimum of 50% of all dwelling
units in a housing development within the R-7 Residential Zone shall
be designated as age-restricted dwellings. Approval of an age-restricted
housing project shall be conditioned upon the submission by the applicant
to the approving board attorney of form-restrictive covenants to be
included in the deeds to any and all age-restricted dwelling units
to ensure that qualifications under the Federal Fair Housing Act,
as amended, shall at all times be maintained.
L.
Affordable housing requirements.
(1)
Low- and moderate-income housing units within developments in the R-7 Zone shall comply with the following subsections of Article VIII of the Zoning Ordinance unless such subsections are not in compliance with current Council of Affordable Housing rules and regulations:
(2)
Inclusionary development set-aside. A total
of 24 age-restricted affordable attached dwelling units in a development
in the R-7 Zone shall be set aside for low- and/or moderate-income
rental households in accordance with the provisions of this section.
An additional 50 dwelling units in a development in the R-7 Zone shall
be set aside for low- and/or moderate-income households in accordance
with the provisions of this section. These units are not restricted
to age-restricted rental and/or attached dwelling units.
(3)
The developer of a housing development constructed
in accordance with this section may fund the transfer of up to 50
affordable housing units to a receiving municipality through Westampton
Township's participation in a regional contribution agreement (RCA),
in lieu of constructing the same number of units in an RCA on site.
The per-unit fee for transferred units shall be up to a maximum of
$35,000, subject to the terms of the judgment of repose.
(4)
Phasing plan:
(a)
For developments subject to the judgment of
repose, the developer shall, within ninety (90) days of the execution
of the judgment of repose, provide to the Township either a cash payment
or a letter of credit in a form acceptable to the Township in an amount
equal to funding the entire fifty-unit regional contribution agreement.
In addition, prior to the construction of the last unit comprising
75% of the market units, the 24 age-restricted affordable attached
rental units shall be completed.
(b)
For developments not subject to the judgment
of repose, affordable units to be constructed on site shall satisfy
the schedule set forth in § 250-42 of this Code.
A Regional Contribution Agreement proposed to
satisfy a portion of the on-site affordable housing obligation shall
be funded by the developer within 90 days of final site plan or subdivision
approval of any section of the development. The developer shall provide
to the Township either a cash payment or a letter of credit in a form
acceptable to the Township in an amount equal to funding the entire
regional contribution agreement.
|
M.
Relationship to other sections of the combined land
use ordinance: The regulations of the R-7 Zone are intended to guide
the orderly development of this zone district in accordance with the
parameters of the referenced settlement agreement. Where there is
a conflict between the R-7 Zone regulations and any other regulations
of the Westampton Township Site Plan Review Ordinance, Land Subdivision
Ordinance or Zoning Ordinance, the regulations contained in this section
for the R-7 Zone shall apply unless otherwise specified in the regulations
of the R-7 Zone.
The purpose of the R-8 Residence Zone is to provide for the
construction of residential development consisting of a maximum of
75 dwelling units that is intended to assist the Township of Westampton
in satisfying a portion of its fair share housing obligation. The
development shall consist of non-age-restricted, attached, rental,
dwelling units primarily for persons with disabilities and their families
and set aside for low- and moderate-income households. The following
regulations shall apply in the R-8 Residence Zone:
A.
COAH
DWELLING, ATTACHED
RECREATIONAL FACILITIES
SIGN, DEVELOPMENT IDENTIFICATION
Definitions. The following terms shall apply to the R-8 Residence
Zone:
The New Jersey State Council on Affordable Housing.
A building consisting of two or more dwelling units, such
as, but not limited to, town houses, row houses, garden apartments
or flats.
Includes, but is not limited to, items such as clubhouse(s)
and other buildings for recreational uses, bike path(s), walking path(s),
tennis court(s), bocce court(s) and similar recreational improvements
and related parking.
A one-sided or two-sided sign located at an entrance from
a public street to a development within the R-8 District, the purpose
of which is to provide the name and other identifying information
about said development.
B.
Permitted principal uses.
(1)
Non-age-restricted, attached dwelling units primarily for persons
with disabilities and their families in multiple buildings, with all
such units set aside for low- and moderate-income rental households
as per current COAH regulations.
C.
Permitted accessory uses and structures.
D.
Conditional uses permitted: none.
E.
Tract requirements.
(1)
Density: Seven dwelling units per gross acre.
(2)
Buffers:
(a)
Buffer strips shall be provided along all tract property lines
as set forth in this subsection, except where a watercourse and related
regulatory buffer comprise the property boundary line. However, streets
and driveways providing access to any development in the R-8 District
may traverse a buffer strip. A pipeline or other utility easement
and storm water management structures or facilities of any kind whatsoever
may be located within a required buffer area.
(b)
Minimum buffer to all tract property lines: 25 feet.
(c)
A twenty-foot portion of a required buffer shall be comprised
of a visual barrier of evergreen plantings set in a double row, staggered
and spaced to accomplish this purpose or, at the developer's option,
landscaped with a mixture of evergreen and deciduous plantings designed
to accomplish this goal. Evergreen trees shall be six feet high at
the time of initial planting.
(3)
Encroachments into required yards. Ornamental building features,
such as bay windows, fireplaces and chimneys, and building overhangs,
may project up to two feet into required yards. (Attached decks, patios,
canopies, awnings, etc., may project within the required rear yard
setback to a distance not to exceed 1/2 of the required rear yard
setback for the type of building to which it is attached.)
(4)
Open space. A total of 50% of the tract shall be reserved for
a combination of open space and recreational facilities. Wetland areas,
wetland transition areas and required buffers may be considered open
space for the purposes of this requirement.
(5)
Recreational facilities. A community building/indoor recreation
facility that may contain on-site administrative and/or rental offices
shall be provided for the exclusive use of residents of the development.
F.
Area, yard and building requirements.
(1)
Non-age-restricted, attached dwellings.
(2)
Accessory buildings and structures.
(a)
Any accessory building or structure attached to the principal
building shall adhere to the yard requirements for the principal building.
(b)
No accessory building or structure shall be closer to the front
property line than the rear building line of the principal building.
(c)
No accessory building, structure or use shall be located within
six feet of a rear or side yard property line.
H.
General requirements.
(1)
Facilities for the placing, collection and removal of trash,
garbage and recyclables shall be provided for attached housing units.
Structures shall screen the facilities so that trash, garbage and
recyclables are not visible to the general public. Facilities shall
demonstrate compliance with recycling requirements.
(2)
All installation of utilities on-site shall be underground.
(3)
Pedestrian walks shall not be less than four feet in width and
shall be provided wherever normal pedestrian traffic will occur. Pedestrian
walks adjacent to parking space overhang areas shall be at least six
feet in width.
I.
Low- and moderate-income requirements.
(1)
All units classified as low- and moderate-income qualified units
shall satisfy all current COAH requirements as contained in N.J.A.C.
5:80-26.1 et seq., as amended. These regulations include, but are
not limited to, the following:
(2)
Developments in the R-8 Residential Zone District that provide a one-hundred-percent set-aside for low- and moderate-income units shall be exempt from § 250-29, Mandatory development fees..
(3)
All COAH-qualified units shall be constructed as rental units.
[Added 10-20-2020 by Ord.
No. 10-2020]
The purpose of the R-9 Residential Zone is to provide for the
construction of a residential development consisting of a total of
498 dwelling units that is intended to assist the Township of Westampton
in satisfying a portion of its fair share housing obligation. The
development shall consist of a combination of attached townhouses
and rental apartments, with 15% of the units (i.e., 75 family rental
non-age-restricted apartments) set aside for very-low-, low- and/or
moderate-income family households. The R-9 Residential Zone shall
encompass Block 204, Lot 2, which is currently located within the
OR-2 Office-Research 2 Zone and which hereafter shall be referred
to as the "tract." The following regulations shall apply in the R-9
Zone:
A.
APARTMENT/MULTIFAMILY DWELLING/FLAT
BUILDING HEIGHT
COAH
OPEN SPACE
RECREATIONAL FACILITIES
SIGN, DEVELOPMENT IDENTIFICATION
TOWNHOUSE
Definitions. The following terms shall apply to the R-9 Residential
Zone:
One or more two- or three-story multifamily structures including
related off-street parking, open space and recreation facilities.
A building containing three or more dwelling units, including units
that are located one over another.
The vertical distance from the average elevation of the finished
grade along the exterior of the building to the highest point of a
flat roof, to the deckline of a mansard roof, and to the average distance
between the ridge and eaves for a gable hip or gambrel roof.
The New Jersey State Council on Affordable Housing.
As defined in the Municipal Land Use Law,[1] including all green areas (including any environmentally
constrained areas) and recreation areas (including impervious improvements
thereon) and conservation areas based on the gross tract area prior
to any dedications.
May include items such as but not limited to a clubhouse(s)
and other building(s) for recreational uses, bike path(s), walking
path(s), tennis court(s), bocce court(s), swimming pool(s) and similar
recreational improvements and related parking.
A one-sided or two-sided sign located at an entrance from
a public street to a development within the R-9 Zone, the purpose
of which is to provide the name and address of the development.
A one-family dwelling with ground-floor outside access, attached
to two or more one-family dwellings by common vertical walls without
openings.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Permitted principal uses:
(1)
Attached, market-rate townhouses shall comprise 223 dwelling
units within the R-9 Zone.
(2)
Attached, multifamily rental non-age-restricted apartments shall
comprise 275 dwelling units in the R-9 Zone. A maximum of 36 dwelling
units shall be included within a single building. Fifteen percent
of the dwelling units (i.e., 75) shall be set aside for very-low-,
low-, and/or moderate-income households as per current COAH regulations
(N.J.A.C. 5:93-1)[2] and the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq. ("UHAC"), except as to the very-low-income housing
obligation, which shall comply with the 13% very-low-income requirement
of the New Jersey Fair Housing Act ("FHA"), N.J.S.A. 52:27D-301 et
seq. The 15% set-aside requirement is applied against the total number
of units to equal 75 affordable units overall.
(a)
The affordable units shall be family rental units. Subject to the provisions of Subsection K(6), the affordable units shall be integrated fully with the market-rate units and shall not be permitted in standalone buildings. The affordable units shall be constructed and integrated with the market-rate family rental units as recommended by COAH regulations [N.J.A.C. 5:93-5.6(f)] and UHAC'S regulations. Affordability requirements shall remain in effect for a minimum period of 30 years and until released by the municipality in accordance with UHAC.
(b)
The developer shall take all necessary steps to ensure the affordable
units provided for under the agreement are creditworthy under COAH
and UHAC regulations and all other applicable laws. Specifically,
the developer agrees that all affordable units shall comply with COAH's
and UHAC's regulations, as well as the FHA, including, but not limited
to, those concerning: a) income qualification; b) bedroom distribution;
c) low-/moderate-income split; d) affirmative marketing; and e) handicap
accessibility.
(c)
The income level for the affordable units within each bedroom
distribution shall be as follows: i) 13% shall be available to very-low-income
households (or a minimum of 10 units); ii) 37% shall be available
to low-income households; and iii) 50% shall be available to moderate-income
households. The income levels of very-low, low and moderate shall
be as defined by applicable COAH and UHAC regulations. None of the
affordable units shall be age-restricted.
[2]
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 10-16-2016.
C.
Permitted accessory uses and structures:
(1)
Recreational facilities.
(2)
Off-street parking facilities.
(3)
Utility and service structures, including, but not limited to,
trash enclosure(s) generator(s), transformers, and maintenance shed(s).
(4)
Stormwater management structures and areas.
(5)
Development identification, traffic and directional signs.
(6)
Fences, retaining walls and wall enclosures.
(7)
Accessory uses and structures customarily incidental and subordinate
to the principal permitted uses, including management and leasing
offices.
(8)
Trash/recycling enclosures.
(9)
Pump houses which are used for maintenance and operation of
sanitary sewer utilities serving the development.
(10)
Satellite dish antenna.
D.
Conditional uses permitted: none.
E.
Tract requirements.
(1)
Number of units: The maximum number of residential dwelling
units shall be 498.
(2)
Maximum density: 6.8 dwelling units per acre based upon gross
tract area (prior to ROW dedication and including all environmentally
constrained land).
(3)
Buffers:
(a)
Buffer strips shall be provided along all tract property lines
as set forth in this subsection, except where a watercourse and related
regulatory buffer comprise the property boundary line. However, streets
and driveways providing access to any development in the R-9 Zone
may traverse a buffer strip. A pipeline or other utility easement
and stormwater management structures may be located within a required
buffer area together with any sidewalks and necessary monument signs.
(b)
Minimum buffer to all tract property lines at the time of application:
45 feet.
(c)
A portion of the required buffer [described in Subsection E(3)(c)[1] to [3] below] shall be comprised of a six-foot-high visual barrier, at the time of planting, of evergreen plantings set in a double row, staggered and spaced to accomplish this purpose. At the developer's option, landscaped areas may be planted with a mixture of evergreen and deciduous plantings designed to accomplish this goal.
[1]
The buffer plantings from the apartments to the
single-family residences to the west of the property shall be a minimum
width of 25 feet.
[2]
The buffer plantings along the property frontage
along Springside Road shall be a minimum width of 15 feet.
[3]
The buffer plantings in the northeast corner of
the property adjacent to the townhouses and parking areas shall be
a minimum width of 25 feet.
(4)
Open space: A total of 20% of the tract shall be reserved for
a combination of open space and recreational facilities. Wetland areas,
wetland transition areas, floodplains, riparian buffers, detention
basins, and required buffers may be considered open space for the
purposes of this requirement.
(5)
Recreational facilities: The following recreational facilities
may be provided for the use of residents of dwellings within the R-9
Zone: a clubhouse, an outdoor swimming pool, a public park, a playground,
a tot lot, decorative and safety fencing, and related parking.
(6)
Development identification signs:
(a)
The sign regulations in § 250-25 of this chapter shall not apply to development identification signs within the R-9 Zone.
(b)
Either two single-sided or a single two-sided development identification
sign(s) shall be permitted at each entrance from a public street to
a development within the R-9 Zone.
(c)
The maximum area of a development identification sign shall
not exceed 60 square feet on the face of the sign, which shall include
all lettering, wording, coloring and accompanying designs and symbols,
together with background, but excluding any associated decorative
elements or supporting framework, such as landscaping, berming, fencing,
stone or masonry columns or walls, or any combination of the above
or other ornamentation or materials, provided that any sign and associated
decorative elements shall not exceed six feet in height from ground
level.
(d)
The minimum setback of a development identification sign from
a public street shall be 10 feet from the street right-of-way.
(e)
A development identification sign may be located a minimum of
10 feet from a private road or driveway providing access to a development
within the R-9 Zone, or it may be located on a boulevard or other
island or median, and shall be located a minimum of 10 feet from the
projected intersection of the curblines of cross streets. All signs,
including those within public street rights-of-way, shall be maintained
by a homeowners' association or the multifamily apartment building
owner.
F.
Area, yard and building requirements:
(1)
Overall tract requirements.
(a)
Minimum lot area: 70 acres.
(b)
Minimum lot width: 2,000 feet.
(c)
Minimum lot frontage: 2,000 feet.
(d)
Minimum lot depth: 800 feet.
(e)
Maximum building coverage: 15%.
(f)
Maximum impervious coverage: 40%.
(g)
Minimum tot lot and passive recreational area: two acres.
(h)
Maximum building height: three stories.
(i)
Maximum building height: 40 feet.
(j)
Maximum fence height within the buffer: six feet.
(5)
Minimum building distance requirements.
(a)
Side wall to side wall: 30 feet.
(b)
Side wall to front or rear wall: 30 feet (excludes the maintenance
building and clubhouse building).
(c)
Front wall to rear wall: 80 feet.
(d)
Front wall to front wall: 80 feet.
(e)
Rear wall to rear wall: 40 feet.
(f)
Distance between principal building and access driveway or internal
driveway curbline: 10 feet.
(g)
Distance between principal building and parking area curbline:
10 feet.
(h)
Distance between accessory building and access driveway or internal
driveway curbline: zero feet.
(6)
Maximum fence height: six feet.
G.
Minimum parking requirements.
(1)
Townhouse area:
(a)
Minimum number of parking stalls: 2.4 parking stalls per Residential
Site Standards (N.J.A.C. 5:21-1.1 et seq.) parking stalls per unit.
(b)
Total number of required parking stalls per Residential Site
Improvement Standards (N.J.A.C. 5:21-1.1 et seq.): 536 parking stalls.
(c)
Minimum number of guest parking stalls per Residential Site
Standards (N.J.A.C. 5:21-1.1 et seq.): 0.5 parking stall per unit.
(d)
Total number of guest parking stalls per Residential Site Standards
(N.J.A.C. 5:21-1.1 et seq.): 112 parking stalls.
(2)
Multifamily rental apartments:
(a)
Minimum number of parking stalls for one-bedroom units per Residential
Site Standards (N.J.A.C. 5:21-1.1 et seq.): 1.8 parking stalls per
unit.
(b)
Total number of parking stalls for one-bedroom units per Residential
Site Standards (N.J.A.C. 5:21-1.1 et seq.): 216 parking stalls.
(c)
Minimum number of parking stalls for two-bedroom units per Residential
Site Standards (N.J.A.C. 5:21-1.1 et seq.): 2.0 parking stalls per
unit.
(d)
Total number of parking stalls for two-bedroom units per Residential
Site Standards (N.J.A.C. 5:21-1.1 et seq.): 296 parking stalls.
(e)
Minimum number of parking stalls for three-bedroom units per
Residential Site Standards (N.J.A.C. 5:21-1.1 et seq.): 2.1 parking
stalls per unit.
(f)
Total number of parking stalls for three-bedroom units per Residential
Site Standards (N.J.A.C. 5:21-1.1 et seq.): 15 parking stalls.
(g)
Clubhouse: one parking stall required for each 200 square feet
of gross floor area.
(h)
Total number of parking stalls required for clubhouse: 15 parking
stalls.
(3)
Tot lot and passive recreational area: four parking stalls required
per acre for a total of eight parking stalls.
(4)
Parking area requirements.
(a)
Minimum size of parking stall: nine feet by 18 feet.
(b)
Minimum drive aisle width: 24 feet.
(c)
Minimum landscape island size: 200 square feet at the end of
a row.
(d)
Minimum amount of landscaped islands in parking areas: one island
per 10 parking stalls.
(e)
Parking is permissible in front, rear, and side yards.
H.
Site plan standards and review.
(1)
The standards set forth in Chapter 196 of the Code of Ordinances of the Township of Westampton shall apply to all development within the R-9 Zone, except for the following subsections or as clarified below:
(c)
Section 196-8B(3)(c)[1], canopy and understory tree list except that native landscape material be utilized to the maximum extent possible.
I.
Design standards and improvements.
(1)
All of the following improvements, including but not limited
to streets, curbs and/or gutters, pavement, street grades, sidewalks,
street signs, water mains, sanitary sewers and storm sewers and any
other improvements subject to the requirements of the New Jersey Residential
Site Improvement Standards, shall be in accordance with said New Jersey
Residential Site Improvement Standards, as amended.
(2)
For all other improvements not controlled by the New Jersey Residential Site Improvement Standards, as amended, the standards set forth in Chapter 215 of the Code of Ordinances of the Township of Westampton shall apply, except for the following subsections:
(b)
Section 215-9B shall be modified to require documents in conformance with Burlington County filing requirements, as amended.
(c)
Section 215-14A(7), topsoil protection, except that soil erosion and sediment control measures as required by the Burlington County Soil Conservation District shall be followed.
(d)
Section 215-19A(14)(a)[2], manholes.
(e)
Section 215-19A(15), drainage and drainage improvements.
(3)
Building design standards. The design of the multifamily buildings
shall be residential not institutional and conform to the following:
(a)
The exterior of all apartment buildings in the development shall
be of consistent or compatible size, scale and appearance so as to
not differentiate buildings with or without affordable housing units.
(b)
Floor plans shall be provided for each of the buildings. Architectural
design shall be consistent with architect's project elevation provided.
(c)
Buildings shall include breaks in the facades with the use of
different colors or materials to break up building lengths.
(d)
Rooflines shall be pitched.
(e)
All HVAC and mechanical equipment shall be inconspicuously placed
or adequately screened from view.
(4)
Additional standards.
(a)
Copies of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the final application
for approval.
(b)
The homeowner or property owner shall pay an annual sewer fee
to the sewer authority or agency having jurisdiction over the sanitary
sewer collection system. The developer shall pay the sewer connection
charge to the Willingboro Sewer Authority.
(c)
Soil erosion and sediment control plans shall be submitted to
the Burlington County Soil Conservation District for certification
as part of the final application for each section of the development.
(d)
Manholes shall be spaced in accordance with N.J.A.C. 7:14A-23.8.
(e)
Drainage and ditch swales shall be stabilized in accordance
with the Soil Conservation District standards.
(f)
Preliminary subdivision submissions shall include all engineering
information that is necessary and normally required to produce a complete
set of properly engineered construction plans of the proposed improvements.
(g)
All of the improvements required by Chapters 196 and 215 of the Township Code not otherwise amended by this R-9 District shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
(h)
Trash enclosures shall be surrounded on three sides by a solid
wall or fence and the fourth side shall be enclosed by gates and/or
otherwise screened.
(i)
Lighting standards:
[1]
Minimum average footcandles for walkways and parking
areas: 0.5.
[2]
Maximum footcandles at property line: 0.2.
[3]
Minimum footcandles at intersections of roadways:
one.
[4]
Maximum mounting height: 25 feet.
[5]
House shields shall be provided for perimeter lighting.
[6]
Light fixtures shall be LED and Dark Sky compliant.
J.
General performance standards.
(1)
Swimming pools, if any, shall be constructed in conformance
with all applicable construction and building codes.
(2)
Restrictions on similarity of design. With regard to attached
housing units, the developer shall, to the extent feasible, alter
the exterior of the buildings or structures in order to provide variation
in appearance (accent elements, color, material or design), except
where the similarity in appearance is an element of the design. The
front facade of any attached housing dwelling unit shall not continue
on the same plane for a distance of more than the width of two connected
dwelling units and all offsets between front facades shall be at least
two feet in depth. If garages are to be provided, they shall be an
integral part of the structure and design scheme.
(3)
The Township shall abide by COAH's regulation against cost generative
measures as set forth in N.J.A.C. 5:93-10.1(b).[3]
[3]
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 10-16-2016.
K.
Affordable housing requirements.
(2)
Inclusionary development set-aside. A total of 75 affordable
attached, family rental dwelling units in a development in the R-9
Zone shall be set aside for very-low-, low- and/or moderate-income
rental households in accordance with the provisions of this section.
The inclusionary development set-aside is 15% against any development
that occurs under this section.
(3)
All affordable units shall include the required bedroom distribution,
be governed by controls on affordability and affirmatively marketed
in conformance with the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq., or any successor regulation, with the exception
that 13% of the affordable units shall be required to be at 30% of
the median income (very-low income) requirement of the New Jersey
Fair Housing Act ("FHA"), N.J.S.A. 52:27D-301 et seq., and in compliance
with all other applicable laws.
(4)
At least 10 of the affordable units developed must be very-low-income
units.
(5)
At least 1/2 of all affordable units within each bedroom distribution
shall be low-income units, which shall include at least 13% of all
restricted rental units within each bedroom distribution as very-low-income
units (affordable to a household earning 30% or less of median income).
(6)
The affordable units shall be family rental units constructed
within the family rental portion of the overall development. The affordable
units shall be constructed and integrated with the market-rate family
rental units as recommended by COAH regulations [N.J.A.C. 5:93-5.6(f)].[5] To provide such integration, the following requirements
shall apply: i) one building within the family rental portion of the
overall development may be configured such that no less than eight
units or 40% of the total units within that building shall be designated
as affordable units; ii) for all remaining buildings within the family
rental portion of the overall development, all buildings shall be
configured such that no less than 10% and no more than 40% of the
total units within a given building shall designated as affordable
units. Affordability requirements shall remain in effect for a minimum
period of 30 years and until released by the municipality in accordance
with UHAC.
[5]
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 10-16-2016.
(7)
All new construction units shall be adaptable in conformance
with P.L. 2005, c. 350/N.J.S.A. 52:27D-311a and 52:27D-311b and all
other applicable law.
(8)
Phasing plan. Phasing for the construction of residential dwelling
units in the R-9 Zone may be phased in any matter to be determined
by the developer, subject to the phasing schedule established by N.J.A.C.
5:93-5.6(d).[6]
[6]
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 10-16-2016.
L.
Relationship to other sections of the combined land use ordinance.
The regulations of the R-9 Zone are intended to guide the orderly
development of this zone district in accordance with the parameters
of the February 18, 2020, Settlement Agreement between the Diocese
of Trenton and the Township of Westampton. Where there is a conflict
between the R-9 Zone regulations and any other regulations of the
Westampton Township Site Plan Review Ordinance, Land Subdivision Ordinance
or Zoning Ordinance,[7] the regulations contained in this section for the R-9
Zone shall apply unless otherwise specified in the regulations of
the R-9 Zone.
[Added 4-28-1998 by Ord. No. 8-1998[1]]
The following regulations shall apply in the
Business 1 Zone:
A.
Permitted uses:
(1)
Retail sales establishments, limited to meat markets,
seafood markets, bakeries, specialty food stores and delicatessens,
convenience stores, art galleries and frame shops, antique stores,
jewelry stores, drug stores, home furnishing stores, sporting good
stores, gift shops, hobby shops, toy stores, book and magazine stores,
record and tape stores, video stores, camera stores, pet shops, art
supply stores, clothing stores, consignment shops, shoe stores, hardware
stores, package liquor stores, office supply stores, fabric stores,
paint and wall covering stores, electronic equipment stores, appliance
equipment stores and florists.
(2)
Retail service establishments, limited to barber and
beauty shops, tailoring and dressmaking shops, dry-cleaning and laundering
operations, appliance repair shops, shoe repair shops, optical services
and optical clinics, printing and copying shops, mail service, dance
instructors, photography studios and upholsterers.
(3)
Restaurants.
(4)
Hotels and motels.
(5)
Indoor recreation facilities limited to children's
recreation facilities, skating racquet clubs, health clubs, miniature
golf and golf learning centers.
(6)
Flex space or office/service center involving at least
20% of the total floor area as office, with the remaining floor area
as warehouse or light industry. Warehouse space within a flex space
office/service center shall not exceed 40,000 square feet of gross
floor area.
[Amended 4-4-2023 by Ord. No. 1-2023
(7)
Light industry.
(9)
Offices for business, executive, professional and
administrative purposes.
(10)
Laboratories dedicated to research, design and
experimentation.
(11)
Computer and data processing centers and facilities.
(12)
Banks and financial institutions.
(13)
Conference centers.
(14)
Medical and dental clinics and laboratories.
(15)
Child-care centers.
(16)
Agricultural uses.
(17)
Public buildings and uses.
B.
Accessory uses permitted:
(1)
Off-street parking, loading and unloading.
(2)
Signs.
(3)
Accessory uses customarily incidental and subordinate
to the permitted uses, provided that the sale of gasoline from pumps
at retail to the motoring public shall not be allowed as an accessory
use to a convenience store.
[Amended 5-8-2001 by Ord. No. 13-2001]
D.
Area, yard and bulk requirements are provided in the
Schedule of Area, Yard and Bulk Requirements - Table II, attached
hereto.[3]
[3]
Editor's Note: Said table is included as an attachment to this chapter.
E.
General zoning requirements:
(1)
Buildings used for flex space or office/service center,
light industrial and warehousing shall be located at least 250 feet
from the right-of-way of Rancocas Road (County Route 626) and Route
541.
(2)
Buildings used for retail sales establishments shall
not exceed 60,000 square feet.
(3)
Any application for subdivision shall include a concept
plan delineating the following:
(a)
The relationship of the proposed lot to the
potential future development of the remainder of the tract, including
any provisions for shared or common access.
(b)
Proposals for future circulation improvements
for the entire tract, with the goals of providing limited access to
existing streets and providing safe and efficient circulation between
or among parcels.
F.
Parking and loading requirements:
(1)
One space per 250 square feet of gross floor area
for all uses except laboratories, light industry, warehouses and restaurants.
(2)
One space per 400 square feet of gross floor area
for laboratories and light industry.
(4)
One space per three seats for restaurants.
(5)
Parking for flex space or office/service center shall
be based on the proposed mix of uses, with additional reserve parking
provided as if the buildings were completely occupied by office uses.
G.
Screening and buffering requirements:
(1)
Front yard buffers shall be planted to a depth of
25 feet from the front lot line.
(2)
Screen plantings shall be provided to a depth of 25
feet along property lines where a nonresidential use abuts another
nonresidential use.
(3)
Where nonresidential uses abut residential uses along
a side or a rear lot line, the landscaped screen shall be planted
to a depth of 50 feet.
[1]
Editor's Note: This ordinance also repealed
former § 250-15, HOC Historic Office Commercial Zone, as
amended.
[Added 4-28-1998 by Ord. No. 8-1998]
The following regulations shall apply in the
Commercial Zone:
A.
Permitted uses:
(1)
Retail sales establishments, limited to meat markets,
seafood markets, bakeries, specialty food stores and delicatessens,
convenience stores, art galleries and frame shops, antique stores,
jewelry stores, drug stores, home furnishing stores, sporting good
stores, gift shops, hobby shops, toy stores, book and magazine stores
with associated instructional activities, record and tape stores,
video stores, camera stores, pet shops, art supply stores, clothing
stores, consignment shops, shoe stores, hardware stores, package liquor
stores, office supply stores, fabric stores, paint and wall covering
stores, electronic equipment stores, appliance equipment stores and
florists.
(2)
Retail service establishments, limited to barber and
beauty shops, tailoring and dressmaking shops, dry-cleaning and laundering
operations, appliance repair shops, shoe repair shops, optical services
and optical clinics, printing and copying shops, mail service, dance
instructors, health and physical activities, photography studios and
upholsterers.
(3)
Restaurants.
(4)
Banks and financial institutions, including drive-in
facilities.
(5)
Offices for professional, quasi-professional and business
uses.
(6)
Medical and dental clinics and laboratories.
(7)
Theaters and bowling alleys.
(8)
Car washes.
(9)
Funeral homes and mortuaries.
(10)
Lodges and fraternal organizations.
(11)
Shopping centers.
(12)
Child-care centers.
(13)
Public buildings and uses.
B.
Accessory uses permitted:
(1)
Off-street parking.
(2)
Garages to house delivery trucks or other commercial
vehicles.
(3)
Accessory uses customarily incidental and subordinate
to the permitted uses, provided that the sale of gasoline from pumps
at retail to the motoring public shall not be allowed as an accessory
use to a convenience store.
[Added 5-8-2001 by Ord. No. 13-2001]
E.
F.
Screening and buffering requirements:
(1)
Front yard buffers shall be planted to a depth of
20 feet from the front lot line.
(2)
Screen plantings shall be provided to a depth of 20
feet along property lines where a nonresidential use abuts another
nonresidential use.
(3)
Where nonresidential uses abut residential uses along
a side or rear lot line, the landscaped screen shall be planted to
a depth of 30 feet.
[Added 6-23-2015 by Ord.
No. 8-2015]
A.
Purpose.
(1)
To promote appropriate and controlled development along Route
541 in Westampton Township.
(2)
To encourage large-scale master-planned medical campus development
to assist with developing a viable town center along Route 541 as
envisioned as a goal and objective of the Township Vision Plan.
(3)
To encourage such master-planned development on tracts of land
of adequate size which will include sufficient buffers, limitations
on signage, provision of pedestrian amenities, integration of architecture
and flexibility in meeting the needs of medical-related tenants, clients/customers
and Township residents.
B.
Applicability; effect on existing zoning.
(1)
Property affected hereunder is limited to Block 804, Lot 7,
and all other lots with a minimum frontage of 2,000 feet along Route
541; frontage along at least two existing public streets, one of which
shall be Route 541; and a minimum tract size of 100 acres.
(2)
Such lands are hereby eligible for the Medical Campus Development
Zone, provided that the lot to be developed shall satisfy the criteria
hereinafter articulated. All existing underlying zoning shall remain
unchanged.
C.
ASSISTED LIVING FACILITY
BUFFER
COMMUNITY RESIDENTIAL FACILITY
COMPREHENSIVE RETIREMENT COMMUNITY (CRC)
COMPREHENSIVE RETIREMENT COMMUNITY ACCESSORY USES
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
CONTINUING CARE RETIREMENT COMMUNITY ACCESSORY USES
HOSPICE CARE FACILITY
NURSING HOME; LONG-TERM CARE FACILITY
PASSIVE OPEN SPACE or PASSIVE RECREATION AREAS
SKILLED CARE NURSING UNIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A licensed multiunit facility containing individual dwelling
units varying in area from 200 to 900 square feet which provides a
residential living environment assisted by congregate meals, housekeeping
and personal care services for persons 55 years of age or older who
have temporary or permanent difficulties with one or more essential
physical activities of daily living, such as feeding, bathing, dressing
or mobility or memory disorders. In addition to the residential units,
the facility may include customarily incidental accessory uses for
the residents, including, but not limited to, common dining rooms,
bathing areas, common areas, recreation and/or rehabilitation facilities
and equipment offices and other space necessary to provide the above
services.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of trees, shrubs
or other landscaping and/or berms, designed to continuously limit
the view and control other impacts of the site from adjacent sites,
properties or roadways.
Any residential arrangement, public or private, other than
an institution, in which one or more developmentally disabled person
resides under the sponsorship of the New Jersey Department of Human
Services pursuant to N.J.S.A. 30:6D-13, et seq., as amended. A family
home in which all of the developmentally disabled persons residing
within are related to the head of the household by blood, marriage
or adoption is not a community residential facility.
A facility which has a primary purpose of providing housing
and continuing care for people 55 years of age or older or where either
the husband or wife is 55 years of age or older, and consists of independent
apartment units, assisted living units, skilled care nursing units
and single-family detached and attached residential dwelling units
and which must include comprehensive retirement community accessory
uses.
Within a comprehensive retirement community, any use reasonably
necessary for, or incidental to, the operation of the facility or
for the benefit or convenience of the residents and their guests,
including, but not limited to, kitchen and dining facilities, exercise
and vocational rooms, places of worship, indoor and outdoor recreational
buildings and uses, including swimming pools, retail and banking facilities,
beauty salons and barber shops, gift shops, classrooms, security facilities,
conference rooms, common areas, guest rooms, administration, general,
medical and other offices associated with the CRC, postal center,
pharmacy, maintenance facilities, hobby, craft and music rooms, library,
computer and television rooms, and heating and cooling equipment structures,
off-street parking signs as permitted and garages, provided that the
comprehensive retirement community accessory use is for the use and
benefit of the comprehensive retirement community.
A facility which has a primary purpose of providing housing
and continuing care for people 55 years of age or older or where either
the husband or wife is 55 years of age or older, and consists of independent
apartment units, assisted living units, skilled care nursing units
and/or continuing care retirement community accessory uses all as
defined herein and as regulated by N.J.S.A. 52:27D-330 through 357,
known as the "Continuing Care Retirement Community Regulation and
Financial Disclosure Act." For purposes of this section, continuing
care means the provision of lodging, nursing, medical or other health-related
services at the same or another location to an individual pursuant
to an agreement effective for the life of the individual or for a
period greater than one year, including mutually terminable contracts,
and in consideration of the payment of an entrance fee with or without
other periodic charges to an individual who is 55 years of age or
older, or where either the husband or the wife is 55 years of age
or older.
Within a continuing care retirement community, any use reasonably
necessary for, or incidental to, the operation of the facility or
for the benefit or convenience of the residents and their guests,
including, but not limited to, kitchen and dining facilities, exercise
and vocational rooms, places of worship, indoor and outdoor recreational
buildings and uses, including swimming pools, retail and banking facilities,
beauty salons and barber shops, gift shops, classrooms, security facilities,
conference rooms, common areas, guest rooms, administration, general,
medical and other offices associated with the CCRC, postal center,
pharmacy, maintenance facilities, hobby, craft and music rooms, library,
computer and television rooms, and heating and cooling equipment structures,
off-street parking and loading areas as required for the use of occupants
of the CCRC and signs as permitted and garages, provided that the
continuing care retirement community accessory use is for the use
and benefit of the continuing care retirement community.
A licensed facility providing at-home or in-facility, or
both, care services focused upon care and comfort of the patient rather
than cure, including medical care, pain management and emotional and
spiritual support to persons facing life-limiting or terminal illness
or injury.
A licensed facility providing extended, intermediate or temporary
skilled nursing and related full-time convalescent or chronic care
to persons who, by reason of advanced age, chronic illness or infirmity,
are unable to care for themselves in addition to lodging and board
or other health-related services, or any combination of the foregoing.
An unimproved area of land which may include water set aside,
dedicated, designated, or reserved for public or private use and enjoyment
which utilizes and depends on the natural environment and requires
no significant modifications of that environment other than to provide
access. It permits such low-density uses as hiking, fishing, canoeing,
nature study, horseback riding, and bicycling. Passive open space
typically includes wooded areas, streams, lakes, and other varieties
of natural vegetative areas. For the purpose of this definition, detention
and retention basins represent a developed use of the land and are
not considered passive open space.
A nursing bed or individual room which provides board, shelter
and twenty-four-hour skilled nursing and medical care to chronic or
convalescent patients. Subject to applicable professional licensing
requirements, skilled care nursing units may be located in a nursing
home, long-term care facility or continuing care retirement community
(CCRC).
D.
Permitted principal uses.
(1)
All types of medical and health-care-related uses, including,
but not limited to, hospitals, ambulatory surgical centers, medical
clinics, rehabilitation facilities, medical centers and similar uses,
including laboratories, conference facilities and other support services.
(2)
Long-term care facility, nursing home, assisted living facility,
hospice care facility, continuing care retirement community.
(3)
Health and fitness facility.
(4)
Restaurants, hotels, medically related retail uses, pharmacies,
drugstores, flower and gift shops, banks and similar uses, subject
to the following special regulations:
E.
Permitted accessory uses. Restaurants, day-care centers and lodging for use only by employees, staff, visitors, conferees and patient families shall be permitted as accessory uses without the limitations set forth in Subsection D(4)(b) above. In addition to such accessory uses, air transport (heliport) landing areas may be permitted to support health care operations, provided that there will not be hangars, repair facilities or temporary or permanent staging or storage areas. The transportation by air transport shall be exclusively for the emergency exportation of patients to other medical facilities. Landing areas must meet the setbacks set forth herein and must comply with all other federal, state and local laws, rules and regulations. Parking garages, parking lots and multilevel parking structures when accessory to other permitted uses are permitted.
F.
Tract requirements.
(1)
General development plan (GDP) approval. The development of
a medical campus should utilize the general development plan procedure
in accordance with N.J.S.A. 40:55D-45 et seq. as follows:
(a)
Purpose. The opportunity to submit the GDP is intended to provide
a means to coordinate long-range public and private planning of projects
for the medical campus use. Approval of the GDP is intended to provide
protections as set forth in N.J.S.A. 40:55D-45.1 prior to preliminary
and final site plan and/or subdivision approvals. A GDP may have a
term up to 20 years. Approval of the GDP is separate, and must be
acted upon separately, from preliminary and final site plan or subdivision
approvals, but nothing herein shall be deemed to prohibit the simultaneous
processing of separate applications for subdivision and/or site plan
approval, or both, for one or more constituent components of the overall
campus facilities.
(b)
Eligibility.
[1]
A GDP application shall be submitted prior to,
or simultaneously with, the filing of a preliminary subdivision or
site plan application, provided that all the requirements are met
for each form of application.
[2]
The applicant may submit GDP plans for review and
approval simultaneously with separate site plan and/or subdivision
applications that may or may not contain variance requests for any
phase of the GDP.
[3]
The parcel of land of the medical campus for which GDP approval is being sought shall be no less than 100 acres in size; provided, however, that this provision shall not be deemed to prohibit or limit the area of any lot to be created within the medical campus and upon which shall be located one or more permitted uses, so long as access and parking consistent with § 250-22, except as modified herein, are assured through cross-easements for access and parking.
(2)
Special mixed use requirement. In no event shall development
of the medical campus consist solely of hospital uses which are exempt
from real estate property taxation. Except for the acute care hospital,
hospice care residence and long-term-care facilities (to a maximum
of the first 800,000 square feet of area), there shall be a one-to-one
proportion between exempt and nonexempt uses for all subsequent development
within the medical campus, and the developer shall use diligent efforts
to attract nonexempt users to the medical campus. Notwithstanding
the foregoing, in the event that the developer proposes to construct
further development of exempt uses within the medical campus and construction
of a like amount of nonexempt use has not commenced, then in that
event the developer and the Township shall negotiate a suitable agreement
in accordance with applicable law for payment in lieu of taxes (PILOT)
for the proposed exempt use until such time as the one-to-one ratio
provided herein has been restored.
G.
Area and bulk standards.
(1)
Minimum tract area: 100 acres.
(2)
Maximum building coverage: 30%.
(3)
Maximum impervious surface: 80%.
(4)
Yards. Notwithstanding any other provision or any definition
of "lot" or "yard" in this section, there shall be a single front
yard which shall be along Route 541 and a single rear yard along Woodlane
Road. There shall be two side yards.
(6)
Maximum height.
(a)
At minimum building setbacks: 50 feet.
(b)
Nonhospital buildings may have a maximum height of 75 feet with
a minimum setback of 100 feet from Route 541 or from Woodlane Road.
(c)
The acute care hospital building may have a maximum height of
150 feet with a minimum setback of 200 feet from Route 541 or from
Woodlane Road.
(d)
Rooftop building/architectural elements, including, but not
limited to, penthouses, elevator overrides, mechanical rooms, screen
walls, parapets, equipment towers, spires, antennae and cupolas shall
not be included in any calculation of height.
H.
Parking standards.
(1)
Hospitals: minimum of 3.5 spaces per bed.
(2)
Long-term-care center: 0.5 space per bed.
(3)
Hospice care facility: 2.5 spaces per bed.
(4)
Assisted living facility, community residential facility, comprehensive
retirement community or community care retirement community: one space
per individual residential unit.
(5)
All other permitted uses except for restaurants: one space per
250 square feet of gross floor area.
(6)
Restaurants: one space per three seats.
I.
Buffers. Except where prohibited by applicable regulations, there
shall be a buffer 40 feet wide along the side and rear tract boundary
lines. Within the buffer, the first 20 feet measured inward from the
tract boundary shall be landscaped with trees and shrubs that are
designed to conceal parking and loading areas. Retention of existing
vegetation with appropriate augmentation as well as the use of sustainable
landscaping materials and techniques requiring minimum or no artificial
irrigation is encouraged. Berms, walls and fences may be incorporated
into the design.
J.
Pedestrian circulation.
(1)
A comprehensive pedestrian circulation system shall be provided.
The system shall connect all permitted uses, parking areas, open spaces,
public transit stops and sidewalks and multiuse paths along all exterior
roadways.
(2)
A multiuse path shall be provided along all existing exterior
roadways and along the Burrs Road extension. Any new multiuse path
shall be at least eight feet wide and constructed to provide a hard
surface. All other sidewalks shall be at least six feet wide, except
four-foot-wide sidewalks/paths are permitted to connect parking lots
to individual buildings.
K.
Signage.
(1)
A Master Sign Plan for the entire medical campus shall be required. Once approved, the Master Sign Plan shall supersede the requirements of § 250-25. Future variances shall be requested from the Master Sign Plan.
(2)
The Master Sign Plan shall specify the number, sizes and locations
of all signs. Primary and secondary facade signs, medical campus ID
signs, individual building monument ID signs, directory signs, directional
signs and all other required signs should be addressed.
(3)
Electronic, changeable-copy signs shall be permitted as a component
of the Master Sign Plan.
(4)
The Master Sign Plan shall provide for common design elements,
including, but not limited to, design, shape, construction materials
and colors where appropriate. The method of all sign lighting shall
be addressed.
L.
Community uses.
(1)
The applicant must provide for complementary community benefits
and uses which may include, but not be limited to, jogging and biking
paths, interpretive trails, sidewalks, multipurpose fields, amphitheaters,
gazebos, seating areas and plaza(s).
(2)
Design and location of these community use facilities shall
be developed in conjunction with appropriate Township agencies.
M.
Design standards. The provisions of § 250-22 of the Township Code, entitled "Performance standards," shall be generally applicable to the Medical Campus District, recognizing that such standards shall be intended to guide the general parameters of the overall project. Where it is concluded that deviation from specific standards is appropriate, such relief shall be granted as waivers from the standards and not as variances.
[Added 4-28-1998 by Ord. No. 8-1998]
The following regulations shall apply in the
Office Research 1 Zone:
A.
Permitted uses:
(1)
Offices for business, executive, professional and
administrative purposes.
(2)
Laboratories dedicated to research, design and experimentation.
(3)
Computer and data processing centers and facilities.
(4)
Banks and financial institutions.
(5)
Conference centers.
(6)
Medical and dental clinics and laboratories.
(7)
Child-care centers.
(8)
Agricultural uses.
(9)
Public buildings and uses.
B.
Accessory uses permitted:
(1)
Off-street parking, loading and unloading.
(2)
Signs.
(3)
Dining and recreational facilities, banks and mailing
services for the use of employees and visitors to the building or
buildings, provided that such uses are planned as an integral part
of the principal use and are located on the same site.
(4)
Accessory uses customarily incidental and subordinate
to the permitted uses.
D.
Area, yard and bulk requirements are provided in the
Schedule of Area, Yard and Bulk Requirements - Table II, attached
hereto.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
E.
Parking and loading requirements:
F.
Screening and buffering requirements:
(1)
Front yard buffers shall be planted to a depth of
50 feet from the front lot line.
(2)
Screen plantings shall be provided to a depth of 25
feet along property lines where a nonresidential use abuts another
nonresidential use.
(3)
Where nonresidential uses abut residential uses along
a side or a rear lot line, the landscaped screen shall be planted
to a depth of 50 feet.
[Added 4-28-1998 by Ord. No. 8-1998]
The following regulations shall apply in the
Office Research 2 Zone:
A.
Permitted uses:
(1)
Offices for business, executive, professional and
administrative purposes.
(2)
Laboratories dedicated to research, design and experimentation.
(3)
Computer and data processing centers and facilities.
(4)
Banks and financial institutions.
(5)
Medical and dental clinics and laboratories.
(6)
Child-care centers.
(7)
Agricultural uses.
(8)
Public buildings and uses.
E.
Parking and loading requirements:
F.
Screening and buffering requirements:
(1)
Front yard buffers shall be planted to a depth of
25 feet from the front lot line.
(2)
Screen plantings shall be provided to a depth of 25
feet along property lines where a nonresidential use abuts another
nonresidential use.
(3)
Where nonresidential uses abut residential uses along
a side or a rear lot line, the landscaped screen shall be planted
to a depth of 50 feet.
[Added 4-28-1998 by Ord. No. 8-1998]
The following regulations shall apply in the
Office Research 3 Zone:
A.
Permitted uses:
(1)
Flex space or office/service center involving at least
20% of the total floor area as office, with the remaining floor area
as warehouse or light industry. Warehouse space within a flex space
office/service center shall not exceed 40,000 square feet of gross
floor area.
[Amended 4-4-2023 by Ord. No. 1-2023]
(2)
All of the uses permitted in the Office Research 2
(OR-2) Zone.
B.
Accessory uses permitted: all of the accessory uses
permitted in the Office Research 2 (OR-2) Zone.
D.
Bulk standards: same as Office Research 2 (OR-2) Zone.
E.
Parking and loading requirements:
(1)
One space per 250 square feet of gross floor area
for all uses except for laboratories.
(2)
One space per 400 square feet of gross floor area
for laboratories.
(3)
Parking for flex space or office/service center shall
be based on the proposed mix of uses, with additional reserve parking
provided as if the buildings were completely occupied by office uses.
F.
Screening and buffering requirements: same as Office
Research 2 (OR-2) Zone.
[Added 4-28-1998 by Ord. No. 8-1998]
The following regulations shall apply in the
Industrial Zone:
A.
Permitted uses:
E.
F.
Screening and buffering requirements: same as Office
Research 2 (OR-2) Zone.
[Added 3-5-1990 by Ord. No. 3-1990]
A.
Permitted uses. The following uses are added as permitted
uses in the R-1, R-2, R-3, R-4, C and OR-1 Zoning Districts subject
to the following provisions:
[Amended 4-28-1998 by Ord. No. 8-1998]
(1)
Golf courses and related golf course and user support
facilities and accessory buildings and structures, to include but
not be limited to the clubhouse, banquet hall facilities, pro shop,
maintenance and supply garages, golf cart maintenance and storage
garages, swimming pool facilities and accessory structures, irrigation
and pump house structures, rest areas and player shelters, gatehouses
and administrative, social, cultural and recreational structures.
The minimum area for this facility shall be 100 acres.
(2)
Golf courses and related golf course and user support
facilities and accessory buildings and structures, to include but
not be limited to the clubhouse, banquet hall facilities, pro shop,
maintenance and supply garages, golf cart maintenance and storage
garages, swimming pool facilities and accessory structures, irrigation
and pump house structures, rest areas and player shelters, gatehouses
and administrative, social, cultural and recreational structures.
(a)
Dwelling units. Dwelling units in detached,
semidetached, attached or clustered multistoried structures or any
combination thereof as accessory to said golf course.
[1]
No maximum or minimum percentages of any one
residential unit type are applied. A variety of unit types and models
as permitted in this section are encouraged in accordance with the
statements of objectives and intent. A portion of the residential
units may be age-restricted as defined in the Zoning Ordinance.
[2]
Residential development types permitted include,
but are not limited to, multifamily garden-style units, townhomes
and detached patio-style, Z-lot-style or zero lot line single-family
detached units.
[a]
"Garden-style multifamily units"
are defined as architecturally designed units placed one on top of
another up to two units in height and having common open spaces.
[b]
Townhomes have no fewer than two
nor more than 10 one-family adjacent units erected in a row as a single
building and have either condominium or fee-simple ownership.
(b)
Commercial and office uses and buildings, including
the private operation of a golf course. Commercial and office uses
must be incidental to the residential and recreational character of
the development.
(c)
Permitted accessory buildings and structures
for residential areas, to include garages and carports, decks and
attached private greenhouses not operated for profit.
(d)
Community oriented support facilities, such
as guardhouses, a community house, swim club, tennis club or other
private or public recreational facility.
(e)
The golf course with accessory residential,
commercial and recreational facilities shall be administered under
the laws of the State of New Jersey as a planned unit development
and shall be referred to hereinafter in this chapter as a "planned
unit development." No planned unit development shall be developed
unless the residential, commercial and recreational uses are ancillary
and accessory to the golf course and related golf course support facilities
as set forth above.
B.
Development objectives. The development objectives
for the planned unit development are as follows:
(1)
In order that the public health, safety, morals and
general welfare be furthered to provide for housing and necessary
office and commercial facilities conveniently located to such housing.
(2)
To provide for well located, clean, safe, pleasant
office and commercial sites involving a minimum of strain on transportation
facilities.
(3)
To ensure that the provisions of the Municipal Land
Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq.,
which direct the uniform treatment of dwelling type, bulk, density
and open space within each zoning district are met.
(4)
To encourage innovations in residential types and
forms of ownership and office and commercial development so that the
growing demands of the population may be met by greater variety in
type, design and layout of buildings and by the conservation and more
efficient use of open space ancillary to said buildings so that greater
opportunities for better housing and recreation, shops and offices
conveniently located to each other may extend to all citizens and
residents of the Township.
(5)
In order to encourage a more efficient use of land
and of public services in lieu thereof and to reflect changes in the
technology of land development so that resulting economies may benefit
those who need housing
(6)
To lessen the burden of traffic on streets and highways.
(7)
To conserve the value of the land.
(8)
In aid of these purposes, to provide a procedure which
can relate the type, design and layout of residential, commercial
and office development to the particular site and the particular demand
for housing and other facilities, including the foregoing, at the
time of development in a manner consistent with the preservation of
the property values within established residential areas and to ensure
that the increased flexibility of substantive regulations over land
development authorized herein is subject to such administrative standards
and procedures as shall encourage the disposition of proposals for
land development without undue delay.
C.
Development intent. The Township of Westampton hereby
adopts the following Statement of Intent for Planned Unit Development:
It is the intent of this section to make possible, as a planned unit
development, a modification of lot density, lot area, lot width and
use requirements in R-1, R-2, R-3, R-4, C and OR-1 Zones. These provisions
are hereby established in order to accomplish the following objectives:
[Amended 4-28-1998 by Ord. No. 8-1998]
(1)
To encourage the provision, conservation and more
efficient use of open space in new residential communities.
(2)
To encourage the creation of new recreational facilities
in Westampton Township, including golf courses and swimming facilities.
(3)
To encourage a pattern of development which promotes
the best interest of the Township regarding aesthetics, cultural resources,
ecological considerations and the preservation of natural resources,
including wetlands, floodplains, streams, tree masses and natural
topography.
(4)
To allow for innovation in residential development
to meet the demands for a variety of housing types, sizes, designs
and forms of ownership.
(5)
To provide a method for developing land for residential
and recreational use to allow the clustering of dwelling units to
provide a variety of housing types and to encourage flexible designs
enabling the preservation of open space in selected areas while providing
other associated benefits.
(6)
To buffer new housing units from high-speed, high-volume
roadways and potentially conflicting nonresidential uses.
(7)
To address the growing need for senior citizen housing.
(8)
To provide for well located, clean, safe, pleasant
office and commercial uses incidental to the permitted residential
uses, involving a minimum strain on transportation facilities.
D.
Standards of development.
(1)
Minimum number of units, land size and location. No
planned unit development adopted pursuant to the provisions of this
chapter shall be authorized that contains less than 150 contiguous
acres, of which the golf course shall be a minimum of 100 acres, and
300 residential units. R-1, R-2, R-3, R-4, C and OR-1 Zoning Districts
within the Township may be used as a site for an overlay planned unit
development. In existing C and OR-1 Zones, golf courses are permitted
as part of the planned unit development overlay since they may be
operated as a commercial use. Residential uses as part of the planned
unit development are prohibited in existing C and OR-1 Zones in order
to maintain the consistency and integrity of the adjacent commercial
zone. Properties which adjoin an approved planned unit development
and which contain a minimum of five acres may also be considered for
application if the plan for the parcel offers a logical continuation
of the existing planned unit development's streets, utilities, open
space and overall lot layout.
[Amended 4-28-1998 by Ord. No. 8-1998]
(2)
Residential density and associated standards. In consideration
of the amount, location and proposed use of common open space, exclusive
of the building area, for recreation and natural areas not necessarily
being contiguous; the location and existing physical characteristics
of the site of the proposed planned community; and the location, design
and type of dwelling units and other uses, the densities may be varied
on a net per-acre basis for construction of units. However, gross
densities and related development and bulk standards for residential
use shall be the following:
(a)
"Developable or buildable land" shall mean the
gross acreage of the tract, subtracting floodplains and wetlands and
such other developmentally restricted lands as are described below.
The remaining net acreage of the development shall then be multiplied
by 2.5 dwelling units per acre to achieve the allowable number of
units throughout any planned unit development. Residential density
calculations for a planned unit development are inclusive of currently
zoned residential, commercial and commercial-industrial properties.
(b)
The density of the site or tract shall be calculated
based upon the buildable acreage contained in the site or tract. Existing
lakes, streams, floodways, floodplains, flood hazard areas, wetlands,
environmentally sensitive land, slopes exceeding 15%, soils which
do not have the necessary stability coefficient to support the building
or structure proposed, any land encumbered by an easement where the
right to build has been precluded and areas of the tract which contain
an historic resource must all be excluded from the buildable acreage
when calculating density.
(c)
No more than two townhomes may be attached in
a straight line. Consideration must be given to facade treatment with
an air toward variety and/or breaks in the line of the facade. The
maximum building length in any one plane for any multifamily housing
structure, excluding congregate care and nursing home facilities,
shall be 250 feet. "Plane" shall be defined as the general building
line, including facades or rooflines, with breaks and/or projections.
It is not intended to be interpreted as only those perfectly straight
lines.
(d)
The lot on which each townhome is located shall
be a minimum of 20 feet in width at its narrowest point.
(e)
No unit shall exceed three stories in height
from ground level. Where topography permits, three-story buildings
shall be constructed with the first story dwelling unit at ground
level on one side of the structure and the second tier of units fronting
on the other side of the structure at ground level. There shall be
no dwelling units below ground or below the first story unless those
units front on one side of the structure at ground level with the
second tier of units fronting on the other side at ground level.
(f)
The maximum number of garden-style units per
structure shall be 24, and the maximum number of townhomes per structure
shall be 10 units.
(g)
The maximum height of any building shall be
35 feet, as measured from the high point of the ridge line to the
average elevation of the building at the grade line.
(h)
Setbacks from perimeter property lines, from
streets and one building from the other.
[1]
Setbacks. No multifamily building shall be closer
than 25 feet to any perimeter property line of the tract or 35 feet
where a buffer is required. No paved or otherwise improved impervious
surface shall be closer than 10 feet to any perimeter property line
or 20 feet where a buffer is required.
[2]
The distances between multifamily buildings
shall be as follows:
Position
|
Minimum Distances
(feet)
| |
---|---|---|
Front-to-front
|
60
| |
Rear-to-rear
|
50
| |
End-to-end or side-to-side
|
20
| |
Where buffers are required
|
35
|
[3]
No multifamily structure shall be located closer
than 25 feet to the roadway right-of-way line or, if a private drive
is involved, 25 feet to the cartway from which access is obtained.
[4]
Setbacks; additions to existing multifamily
structures. Setbacks shall be measured in accordance with the definition
of setbacks, subject to the exception that any dwelling unit being
part of a multifamily structure shall be held to have a minimum rear
yard which runs from the original rear building line to the rear lot
line of the property, and no structure may be erected therein, which
structure has either walls or is covered, without a variance. This
provision is intended to protect the availability of light and air
to adjacent structures and properties and is not intended to prohibit
or apply to the construction of fences or patios.
(i)
Building coverage and impervious surface coverage.
Not less than 20% of the gross area of the multifamily development
shall be devoted to green area. Twenty percent open space may include
detention basins and wetlands to the extent of 1/2 of said open space
but shall not include retention basins, lakes, streams, other areas
of water, floodways, floodplains or flood hazard areas. The eighty-percent
impervious surface coverage can be apportioned in any manner among
building coverage, accessory building coverage, paving coverage, including
parking lot coverage, cartways and sidewalks, retention basins, lakes,
streams, etc.
(j)
Outside lighting for security purposes shall
be provided and shall be so arranged as not to affect adversely the
enjoyment of any adjacent residential buildings or streets, sidewalks
and pedestrian walkways.
(k)
No commercial, business or professional use
shall be permitted in any multifamily building unless approved by
the Township Land Development Board after review as being a use compatible
with the general residential nature of the building and compatible
with the appropriate use of adjoining lands.
[Amended 11-10-1998 by Ord. No. 24-1998]
(l)
To encourage flexibility of housing density
and type intended by the planned unit development enabling legislation,
in cases of planned unit development proposed to be developed over
a period of years, deviations in the net density per acre may be authorized
from the density or intensity of use established for the entire planned
unit development. The Township Land Development Board may allow for
a greater concentration of density or intensity of land use within
some section or sections of development, whether it be earlier or
later in the development, than upon others subject to the overall
gross density of the planned unit development.
[Amended 11-10-1998 by Ord. No. 24-1998]
(m)
Single-family residential buildings.
[1]
For single-family residential buildings, no
individual lot shall contain less than 6,000 square feet nor have
a lot width of less than 40 feet. Building setbacks shall be as follows:
[2]
Notwithstanding other regulations to the contrary,
setbacks for single-family homes shall be measured from the nearest
point of the building foundation. Eave overhangs, chimneys, box windows
and other building protrusions extending from the vertical plane of
a building foundation shall not be considered in calculating building
setbacks. The developer shall be permitted to create lot easements
to address building encroachments on contiguous lots and for building
maintenance where the wall of a single-family home abuts or is in
close proximity to a property line.
(n)
Required utilities. All units, residential,
commercial or recreational, located within the planned unit development
shall be served by public sewer and water facilities. The only permitted
exceptions shall be isolated residential properties on existing roadways
with lot sizes of greater than one acre.
(o)
The planned unit development shall address fire
protection and make adequate provisions to minimize the risk and exposure
to fire in light of the type of housing and proposed layout of the
development.
(3)
Commercial and office density and associated standards.
Commercial and office development serving the needs of nearby residential
areas shall have a building coverage such as described by the Zoning
Ordinance of the Township of Westampton.
(4)
Common open space, buffer, recreation and access easement
requirements.
(a)
A minimum of 20% of the planned unit development
shall be open space. Open space requirements may include credit of
up to 50% for the preservation of environmentally sensitive areas
such as wetlands and floodplains of equal or greater area. An additional
credit of 50% may be given for commercial golf course open space when
special benefit is offered to homeowners within the planned unit development
in the form of reduced annual membership fees.
(b)
Ownership arrangements of common open space
areas shall be as determined by the Land Development Board at the
time of approval. Ownership arrangements may include public dedication
or private ownership such as a homeowners' association or proprietorship.
[Amended 11-10-1998 by Ord. No. 24-1998]
(c)
Buffer areas are required between residential
and nonresidential development and also between multifamily development,
including townhome development, garden-style multifamily units and
single-family dwellings, whether part of the same project or on an
adjacent tract. A buffer area will also be required between multifamily
development of the nature set forth above from one another or single-family
dwelling areas, developed or proposed, whether on the multifamily
housing tract or adjacent thereto. For uses within the same project,
the Land Development Board shall waive this buffer requirement if
appropriate transitional uses or open space are employed or if topography
eliminates the need for said buffer. Buffers are required where the
perimeter property line abuts a public roadway and the setbacks set
forth in this chapter are adhered to. Where a buffer is required along
a side or rear property line, a strip of land at least 20 feet wide
in the yard or setback area shall be designated as a buffer area.
Buffer areas shall adjoin residential property lines and be of uniform
width. The buffer area shall contain a landscape screen consisting
of a six-foot-high visual barrier of plantings of suitable materials
set in a double row, staggered and spaced to accomplish this purpose,
or a landscaped earthen berm parallel to the lot line and set back
an appropriate distance, said berm to be improved with a suitable
landscape buffer treatment. Plant materials, spacing and location
of the plant materials as set forth elsewhere in the developmental
ordinances of Westampton Township shall be controlling.
[Amended 11-10-1998 by Ord. No. 24-1998]
(d)
With respect to any multifamily dwelling structure,
which structure has interior units as opposed to end units, the developer
shall provide pedestrian access easements along the front, side and
rear lot lines or building lines nearest to and surrounding the structure
so as to provide unobstructed access to the occupant of the interior
unit to his rear yard. It shall be unlawful for said pedestrian accessway
or easement to be obstructed in any manner, such as by fences, landscaping,
etc.
(e)
Recreation facilities are required for planned
unit developments. Recreational facilities shall be provided in accordance
with ordinance requirements for subdivisions[1] as set forth in the Township developmental standards and
in accordance with the overall character of the planned unit development.
Recreation requirements may be met by the inclusion of a golf course,
swimming pool, tennis court, playground and related amenities connected
to the commercial operation of these facilities when special benefit
is offered to homeowners within the planned unit development in the
form of reduced annual membership fees.
(f)
Recreation facilities shall be reasonably accessible
to the residents of the planned unit development and located in an
area which will not be detrimental to adjacent properties or residents
by virtue of noise, light and glare. Recreational facilities shall
be completed before 50% of the building permits are issued for the
entire project and before any building permits are issued for abutting
residential uses. A sign shall be provided on the site of all future
recreational facilities alerting future area homeowners of pending
construction of recreational improvements.
(g)
Open space design. The design, location and
use of proposed open space areas must seek, to the greatest extent
possible, to meet the objectives included in the statements of objectives
and intent and the following criteria:
[1]
Separate parcels of open space must be interconnected
and well planned in relation to housing facilities.
[2]
Open space must be reasonably accessible to
all housing units. Pedestrian links shall be provided where excessively
long blocks require a circuitous route to the open space or would
require an individual to utilize main thoroughfares for access.
(h)
Open space development restrictions. All open
space shall be restricted against future development, except for improvements
that are designed to be incidental to the natural openness of the
land, by the filing of restrictive covenants and restrictions on the
filed plat.
(5)
Golf course standards.
(a)
All open space in the golf course shall be restricted
against future development by the filing of restrictive covenants
and restrictions on the filed plat. Each filed plat shall identify
all open space areas and shall contain appropriate language restricting
said areas.
(b)
The clubhouse and associated golf-related structures
shall not be located within 150 feet of any residential lot line.
(c)
The center point of each tee-off area shall
be located not less than 75 feet from any residential building line.
(d)
The center line of each fairway at the first
landing area or turning point shall be at least 150 feet from the
closest residential building line.
(e)
The center of each putting green shall be located
a minimum radial distance of 120 feet from the closest residential
building line.
(f)
Off-street parking for the clubhouse shall be
provided at one space for each 200 square feet of floor area. Each
off-street parking space shall be a minimum of nine feet by 18 feet
with a two-foot overhang. A limited number of compact spaces measuring
nine feet by 16 feet with a two-foot overhang may be provided for
the clubhouse as approved by the Land Development Board.
[Amended 11-10-1998 by Ord. No. 24-1998]
(g)
A performance bond shall be posted by the developer
guaranteeing construction of nine complete holes of the golf course
at the same time as the posting of the performance bond for the first
section of residential or commercial development, unless said nine
holes have been previously constructed.
(6)
General site development standards.
(a)
The minimum size of an off-street parking space
to serve residential housing shall be nine feet by 18 feet with a
two-foot overhang. A limited number of compact spaces serving residential
housing measuring nine feet by 16 feet with a two-foot overhang may
be provided as approved by the Land Development Board. The minimum
size of an off-street parking space to serve commercial uses other
than golf course facilities shall be 10 feet by 18 feet with a two-foot
overhang, with no provision for compact parking spaces.
[Amended 11-10-1998 by Ord. No. 24-1998]
(b)
Minimum parking requirements for single-family
detached and multifamily development, except for age-restricted housing,
shall be two parking spaces of off-street parking per unit. Garden-style
condominiums shall provide a minimum of 1 1/2 spaces of off-street
parking per unit. If individual on-site garages are proposed as containing
spaces which count toward the satisfaction of this off-street parking
requirement, a deed restriction prohibiting the conversion of the
garage to living space will be required. Each garage space shall be
counted as 1/2 of a parking space.
(c)
Collector streets shall have sidewalks or pedestrian
accessways four feet in width on one side.
(d)
Minor streets shall have a sidewalk four feet
wide on one side. Culs-de-sac shall have a four-foot-wide sidewalk
all around the same.
(e)
Curbs shall be installed in accordance with Westampton Code, Chapter 215, Article VII, § 215-14A(3).
(f)
Minimum widths of cartways and rights-of-way:
Street Classification
|
Travel Lanes
|
Parking Lanes
|
Shoulder
|
Cart-
way
(feet)
|
Right-of-
Way
(feet)
| |
---|---|---|---|---|---|---|
Minor
|
2 at 11 feet
|
1 at 8 feet
|
--
|
30
|
40
| |
Collector
|
2 at 12 feet
|
1 at 8 feet
|
--
|
32
|
50
| |
Primary and entrance
|
2 at 12 feet
|
No
|
2 at 5 feet
|
34
|
50
|
(g)
The minimum pavement thickness design for roadways shall be two-and-one-half-inch minimum compacted thickness of FABC-2 over a five-inch bituminous stabilized base placed upon a subbase suitable to the Engineer, unless soil and drainage conditions permit different paving which must be based upon suitable, recognized testing procedures. Underdrains shall be provided as required by the Township Engineer. Streets shall be installed in accordance with Westampton Code, Chapter 215, Article VII, § 215-14A(1).
(h)
Paving for private parking areas and aisles
within the same shall be a three-inch stabilized base with 1 1/2 inches
of FABC-1 top, where the subbase has a CBR value greater than 10.
(i)
Street gradients shall be in accordance with
the Township's development ordinances.
(7)
Architectural and design requirements.
(a)
Any addition, exterior alteration, modification
or change to an existing building shall be compatible with the design,
character and color of the original building. Any new detached structure
shall also be compatible with the design, character and color of the
parent structure.
(b)
All exterior painting and roofing, woodwork,
trim work and siding shall be kept the same color and style as that
established in homeowners' association documents.
(c)
Storm and screen windows and doors shall conform
to the architectural character and color scheme of the home.
(d)
Retaining walls, other structures, mounds, changes
of grade and drainage are prohibited, except as originally approved
by the Land Development Board.
[Amended 11-10-1998 by Ord. No. 24-1998]
(e)
Extensions, widening or rerouting of existing
driveways is prohibited. Walkways are permitted, provided that they
do not exceed 30 inches in width and are constructed of concrete,
laid brick or patio stone in sand. Larger patios are permitted if
the drainage is not affected and they are constructed to conform to
the architectural character and scheme of the home as determined by
the homeowners' association.
(f)
Exterior antennas and satellite dishes of any
type are prohibited.
(g)
Any and all local, county or state zoning and
building approvals and permits for permitted additions under these
restrictions and all homeowners' association requirements must also
be met prior to commencement of any work.
(h)
Careful attention must be given to the quality
of design of all buildings, land uses and streets (such as streetlighting,
outdoor equipment and signs) by the Township Land Development Board.
Among the elements that the Township Land Development Board must comment
upon are the design of residential and nonresidential land uses and
buildings; community facilities; parks and landscape; and the design
of streets and roadways. The nature, size, shape, lighting and style
of all outdoor signs must be found to be in harmony with the purpose
of this chapter.
[Amended 11-10-1998 by Ord. No. 24-1998]
(i)
To improve the quality of the environment and
to reduce the possibility of danger and inconvenience during bad weather
conditions, the underground installation of electrical and telephone
equipment shall be required.
(j)
Professional treatment of vegetation in the
development of sites shall be required.
(k)
Favorable aesthetic and community appearance
factors shall be encouraged by the Township Land Development Board.
[Amended 11-10-1998 by Ord. No. 24-1998]
(l)
The visual relationships between buildings shall
be examined by the Township Land Development Board.
[Amended 11-10-1998 by Ord. No. 24-1998]
(m)
The space between buildings as it relates to
the visual character of an area shall be examined by the Township
Land Development Board.
[Amended 11-10-1998 by Ord. No. 24-1998]
(n)
Nonresidential uses that are noxious, emit objectionable
odors, loud noises, vibrations, fumes or otherwise result in violating
the purposes and provisions of this chapter shall not be permitted.
(o)
Siting of housing.
[1]
All housing shall be designed with regard to
topography and natural features of the site and the focal points of
the project.
[2]
To create identity and interest in the layout
of housing fronting streets, variations in setbacks shall be required.
[3]
All housing shall be sited so as to preserve
privacy and to ensure natural light.
[4]
Orientation for sun and wind shall be considered.
[5]
Routes for vehicular and pedestrian access and
parking areas shall be convenient without creating nuisances or detracting
from privacy.
(p)
Planting.
[1]
Planting shall be regarded as an essential feature
of every planned residential, commercial or office area.
[2]
In order to enhance the appearance and marketability
of housing, provide protection from wind and sun and from depreciating
effecting of roads, parking areas and nearby nonresidential land uses
and buildings, the type, size and location of trees and shrubs shall
be consistent with the Township's development ordinances.
[3]
Where possible, natural features such as watercourses,
trees and rock outcrops should be preserved so that they may be incorporated
into the layout to enhance the overall design of the planned unit
development.
E.
Administering agency. The local public agency which
shall administer this section and the powers hereunder is the Township
Land Development Board.
[Amended 11-10-1998 by Ord. No. 24-1998]
F.
Application procedures.
(1)
Application procedure for conceptual or general development
approval.
(a)
The conceptual or general development plan shall
set forth the permitted number of dwelling units and the amount of
nonresidential floor space for the planned unit development in its
entirety. A schedule shall be set forth generally establishing the
timing of the various sections of the development.
(b)
The planned unit development shall be developed
in accordance with the conceptual or general development plan approved
by the Land Development Board and in accordance with those provisions
of the Municipal Land Use Law governing planned unit developments.
Protection from ordinance change shall be provided in accordance with
N.J.S.A. 40:55D-45 et seq.
[Amended 11-10-1998 by Ord. No. 24-1998]
(c)
The term of the effect of the conceptual or
general development plan approval shall not exceed 10 years from the
date upon which the developer receives final approval of the first
section of the planned unit development pursuant to P.L. 1975, c.
291 (N.J.S.A. 40:55D-1 et seq.).
(d)
The conceptual or general development plan shall
include the following.
[1]
A general land use plan indicating the tract
area and general locations of the land uses to be included in the
planned unit development. The total number of dwelling units and amount
of nonresidential floor area to be provided and proposed land area
to be devoted to residential and nonresidential use shall be set forth.
In addition, the proposed types of nonresidential and residential
uses to be included in the planned unit development shall be set forth,
and the land area to be occupied by each proposed use shall be estimated.
[2]
A circulation plan showing the general location
and types of transportation facilities within the planned unit development
and any proposed improvements to the existing transportation system
outside the planned unit development.
[3]
An open space plan showing the proposed land
area and general location of parks and any other land area to be set
aside for conservation and recreational purposes and a general description
of improvements proposed to be made thereon.
[4]
A utility plan indicating the need for and showing
the proposed location of main sewage and water lines, proposed methods
for handling solid waste disposal and a plan for the operation and
maintenance of proposed utilities.
[5]
A stormwater management plan setting forth the
proposed method of controlling and managing stormwater on the site.
[6]
An environmental constraints inventory, including
a general description of the vegetation, wetlands, floodplains, soils,
topography, surface hydrology and the probable impact of the development
on the environmental attributes of the site.
[7]
A local service plan indicating those public
services which the applicant proposes to provide and which may include
but not be limited to water, sewer, cable and solid waste disposal.
(2)
Submission and approval prior to grant of preliminary
approval of planned development.
[Amended 11-10-1998 by Ord. No. 24-1998]
(a)
Any developer of a parcel of land seeking approval
of a planned unit development pursuant to P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.), shall submit a conceptual or general development
plan to the Land Development Board prior to the granting of preliminary
approval of that development by the Land Development Board pursuant
to N.J.S.A. 40:55D-45, 40:55D-46 and 40:55D-48.
(b)
The Land Development Board shall grant or deny
general development plan approval within 95 days after submission
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. Failure
of the Land Development Board to act within the period prescribed
shall constitute general development plan approval of the planned
unit development.
(c)
In order to provide maximum growing time for
the establishment of golf course grasses and landscaping prior to
initial play, which may require in excess of two years, preliminary
plans for golf course development only may be submitted to and processed
by the Land Development Board simultaneously with the conceptual or
general development plan.
(d)
In the event that the developer seeks to modify
the proposed timing schedule, such modification shall require the
approval of the Land Development Board. The Land Development Board
shall, in deciding whether or not to grant approval of the modification,
take into consideration prevailing economic and market conditions,
anticipated and actual needs for residential units and nonresidential
space within the municipality and the region and the availability
and capacity of public facilities to accommodate the proposed development.
(e)
Except as provided hereunder, the developer
shall be required to gain the prior approval of the Land Development
Board if, after approval of the conceptual or general development
plan, the developer wishes to make any variation in the location of
land uses within the planned unit development or to increase the density
of residential development or the floor area ratio of nonresidential
development in any section of the planned unit development.
(f)
Further terms and conditions as set forth in
N.J.S.A. 40:55D-45 et seq. shall apply.
(3)
Application procedure for preliminary and final development
approval. Preliminary and final development approval for a planned
unit development shall follow procedures for major subdivision and
site plan approval as set forth in the Code for Westampton Township.
(4)
Fees for conceptual or general development plan review.
(5)
Outside entity approval of planned unit development.
All approvals, permits and licenses of state, county and local or
regional entities having jurisdictional requirements for a planned
unit development within Westampton Township shall be obtained.
[Added 10-20-2020 by Ord.
No. 13-2020]
The purpose of the MU-1 Zone is to create a balanced development
of commercial/office and residential uses in convenient and complementary
relation to each other in order to encourage imaginative, efficient
and orderly growth, in a pedestrian friendly and pedestrian scaled,
walkable, mixed use environment. The MU-1 Mixed Use Zone will provide
housing opportunities for a range of residents and incomes, ensure
that outdoor lighting and signage do not adversely affect the visual
environment and the use and enjoyment of residential property nor
detract from retail areas. The MU-1 Zone will provide 224 family residential
apartment units for sale or rent with 15% set aside for affordable
units that are non-age-restricted over retail/commercial or over parking
structures along County Route 541 (Burlington-Mount Holly Road) and
along a main entrance road. Thirty-four non-age-restricted units shall
be available to low- and moderate-income households. The development
shall consist of non-age-restricted units. The MU-1 Zone will also
provide two commercial/office building sites along County Route 541
(Burlington-Mount Holly Road). The commercial/office buildings will
be one story with three- and four-story residential buildings behind
the commercial/office use in order to provide higher density residential
development to satisfy a portion of the Township's fair share housing
obligation. The development shall consist of a combination of commercial
and residential uses, with a 15% set-aside for low- and moderate-income
households. The MU-1 Zone shall encompass Block 1001, Lots 58, 59
60, and 61. The following regulations shall apply in the MU-1 Zone:
A.
APARTMENT
BUILDING HEIGHT
COAH
OPEN SPACE
SIGN, DEVELOPMENT IDENTIFICATION
Definitions. The following terms not defined in Chapter 250, Zoning, Article II, Word Usage and Definitions, shall apply to the MU-1 Zone:
A building or portion thereof, designed for occupancy by
three or more families living independently of each other. For the
purposes of this section, an apartment is defined as a renter-occupied
unit as opposed to a condo which is an owner-occupied unit.
The vertical distance from the average elevation of the finished
grade along the exterior of the building to the highest point of a
flat roof, to the deckline of a mansard roof, and to the average distance
between the ridge and eaves for a gable hip or gambrel roof.
The New Jersey State Council on Affordable Housing.
As defined in the Municipal Land Use Law[1] including all green areas (including any environmentally
constrained areas) and recreation areas (including impervious improvements
thereon) and conservation areas based on the gross tract area prior
to any dedications.
A one-sided or two-sided sign located at an entrance from
a public street to a development within the MU-1 Mixed Use Zone, the
purpose of which is to provide the name and other identifying information
about said development.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Permitted principal uses:
(1)
Residential: retail/commercial uses fronting on Burlington-Mount
Holly Road and multifamily residential behind the commercial/office
uses.
(a)
In accordance with the December 23, 2019, Settlement Agreement
between the Township and Fair Share Housing Center (FSHC) or subsequent
agreements or settlements in effect and/or court orders, the multifamily
residential development shall provide affordable housing opportunities
for low- and moderate-income households. A 15% affordable housing
set-aside shall be applied to all residential development, and a minimum
of 34 affordable multifamily non-age-restricted residential units
shall be provided at a minimum density of 6.76 du/acre (plus office/commercial
uses). The units shall be provided in compliance with the Council
on Affordable Housing rules, Uniform Housing Affordability Controls
and Burlington County Superior Court Orders, as applicable except
as to the very-low-income housing obligation, which shall require
that 13% of the affordable units within each bedroom distribution
are very-low-income, per the New Jersey Fair Housing Act, N.J.S.A.
52:27D-301 et seq.
(b)
The affordable units shall be integrated fully with the market-rate
units.
(c)
Affordability requirements of the affordable units shall remain
in effect for a minimum period of 30 years and until released by Westampton
Township.
(d)
The inclusionary development set-aside is 15% against any development
that occurs under the section. The set-aside for very-low-, low- and/or
moderate-income households shall be 15% of all residential units developed.
(e)
The bedroom distribution of affordable units shall be compliant
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq.
(f)
Construction schedule, rents, affordability controls, income
eligibility, control period, affirmative marketing plan of low- and
moderate-income units and all other applicable regulations concerning
the affordable units shall be compliant with the Township's Affordable
Housing Ordinance,[2] the Fair Share Housing Center Settlement Agreement and
Burlington County Court Order(s).
(2)
Commercial/office: General and medical office, physical therapy,
basic research, outpatient care facilities, professional uses, banks,
pharmacy, day spa, are permitted on the first floor or over a parking
structure.
(3)
Retail: Restaurants, eating and drinking establishments, cafes,
shops, bakery, delicatessen, general stores, movie theater, grocery
store/supermarket, book and stationery, florist, are permitted on
the first floor or over a parking structure.
C.
Permitted accessory buildings and structures:
(1)
Recreational facilities.
(2)
Off-street parking facilities.
(3)
Bus stops.
(4)
Utility and service structures, including, but not limited to,
trash/recycling enclosure(s), hot boxes, generator(s), transformers,
and maintenance shed(s).
(5)
Pump houses which are used for maintenance and operation of
sanitary sewer utilities serving the development.
(6)
Stormwater management structures and areas.
(7)
Development identification, traffic and directional signs.
(8)
Fences, retaining walls and wall enclosures.
(9)
Accessory uses and structures customarily incidental and subordinate
to the principal permitted uses, including management and leasing
offices.
D.
Standards applicable to accessory buildings and structures:
(1)
Accessory structures and uses shall comply in all respects with
the requirements of this section applicable to the principal structures
and uses.
(2)
When an accessory structure is attached to the principal structure,
it shall comply in all respects with the requirements of this section
applicable to the principal structure.
(3)
No accessory structure shall be constructed or placed on any
lot unless the principal structure is first constructed or placed
upon said lot, with the exception of parking facilities (surface or
structure) which may be constructed prior to the primary use.
(4)
In no event shall the height of an accessory structure exceed
the height of the principal building.
(5)
The aggregate area covered by accessory structures shall not
exceed 25% of the rear yard.
E.
Prohibited uses:
(1)
Any use not specifically designated as a principal permitted
use, an accessory use or a conditional use is specifically prohibited.
F.
Density, area, yard and height requirements. The following requirements
apply to the MU-1 Zone:
(1)
Minimum lot area: The MU-1 development should be regarded as
a cohesive unit that contains the entire acreage of Block 1001, Lots
58-61, which is 33.1 acres in size. However, a crescent-shaped portion
of the site situated along Burlington-Mount Holly Road is separated
from the portions of the site to the southeast and northwest. This
parcel may be developed separately as a commercial/office pad site
with the other two parcels to be developed together. There is no minimum
or maximum acreage for individual buildings.
(2)
The maximum number of residential units is 224 units at a density
of 6.76 units per acres plus the commercial/office uses.
(3)
The minimum square footage of commercial/office use to be accommodated
on the southeastern end of the site is anticipated to be approximately
28,000 square feet in size.
(4)
Building heights will vary between the one-story commercial/office
building and pad site that front on Burlington-Mount Holly Road (maximum
height of 35 feet), to the four-story residential buildings behind
the frontage structures (maximum height of 50 feet).
(5)
Floor area ratio shall not apply to the MU-1 Zone.
(6)
Minimum setback.
(a)
The minimum setback from Burlington-Mount Holly Road is 50 feet.
(b)
Utility structures, exhaust air vents, backflow preventers,
or other similar devices, when located above grade, must be located
behind the setback, be screened and should not be located on the Boulevard.
Utility structures located below grade may be located within the setback.
(c)
Minimum side yard is 25 feet except where the site is adjacent
to existing residences in which case it is 35 feet.
(d)
The minimum rear yard when adjacent to existing residences is
50 feet.
(7)
Minimum residential building distance requirements.
(a)
Side wall to side wall: 40 feet.
(b)
Side wall to front or rear wall: 45 feet.
(c)
Front wall to rear wall: 80 feet.
(d)
Front wall to front wall: 80 feet.
(e)
Rear wall to rear wall: 40 feet.
(f)
Distance between principal building and access driveway or internal
driveway curbline: 15 feet.
(g)
Distance between principal building and parking area curbline:
15 feet.
(8)
Maximum fence height: six feet.
G.
Parking standards:
(1)
Parking standards: The minimum parking requirements for the
MU-1 Mixed Use Zone are as follows:
Use
|
Parking Ratio
|
---|---|
Residential uses
|
Per Residential Site Improvement Standards (RSIS)
|
Retail
|
4.0 sp/1,000 GFA1
|
Restaurant
|
1.0 sp/3.0 seats plus 1.0 per employee based on maximum work
shift1
|
Restaurant
|
6.0 sp/1,000 GFA1
|
Medical office
|
4.0 sp/1,000 GFA2
|
General office
|
3.5 sp/1,000 GFA
|
NOTES:
| |
1
|
Outdoor seating areas do not count toward the required parking
ratios.
|
2
|
For projects where medical office use comprises over 25% of
office space in the project, the parking requirements shall be 6.0
spaces per 1,000 GFA.
|
(2)
When the formula or parking spaces required results in a fraction
of a space exceeding 0.49, a full space shall be required.
(3)
Gross floor area is the total interior floor area of all floors
determined by measuring the inside dimension of the outside walls
of the structure.
(4)
Up to 10% of the required parking stalls may be designated for
compact cars.
(5)
Accessory uses do not require parking.
(6)
Setback maneuvering. No surface parking or maneuvering space
is permitted within any required setback, or between the permitted
use and the required setback, except driveways providing access to
the parking area may be installed across these areas.
(7)
Any shared parking shall require a shared parking analysis based
on the ULI shared parking software or a comparable software model,
and shall be prepared by a credible expert, such as an experienced
parking or land use consultant, planner, architect or engineer, preferably
a PTOE.
(8)
Bicycle parking. Bicycle parking is required at one bicycle
parking space for every 50 vehicle parking spaces, up to 200 vehicle
parking spaces.
(a)
Thereafter, one bicycle parking space shall be provided for
every 100 vehicle parking spaces. Fractions equal to or greater than
1/2 resulting from this calculation shall be considered to be one
bicycle space.
(9)
Additional off-street parking regulations: For all parking standards
not covered in this section refer to off-street parking regulations[3] in the Westampton Township Zoning Ordinance;
(a)
Off-street parking dimensions can be nine feet by 18 feet and
allow two-lane drive aisle dimensions can be 24 feet.
(10)
Electric vehicle charging stations: 2% of all parking spaces.
H.
Screening standards:
(1)
Off street parking: All proposed off-street surface parking
areas with 20 spaces or more shall be screened from all public streets
with the following criteria:
(a)
A minimum eight-foot planting strip shall be located between
the back of the public sidewalk and the parking area;
(b)
The planting strip shall be planted with evergreen shrubs at
least 2 1/2 feet high at the time of planting with species that
will form a year-round dense screen. The maximum height for planting
should be maintained at no greater than four feet in height;
(c)
Perimeter shade trees shall be planted at no greater than 30
feet on center based on the perimeter length of the parking area.
(2)
Interior landscape planting: All open parking areas of 36 or
more parking spaces or at least 12,000 square feet in area shall provide
at least one two-and-one-half-to-three-inch-caliper tree for every
eight parking spaces which include perimeter trees.
(a)
Fractions equal to or greater than 1/2 resulting from this calculation
shall be considered to be one tree;
(b)
Each such tree shall be located in a planting island with a
minimum width of nine feet and a minimum area of 150 square feet of
pervious surface;
(c)
The following distribution of trees shall apply:
(3)
Required screening: The following uses must be screened from
abutting property and view from a public street:
(a)
Dumpsters, recycling containers (except for recycling containers
located at recycling collection centers), or solid waste handling
areas;
(b)
Service entrances or utility structures associated with a building,
except in the area where such use abuts other service entrances or
utility structures;
(c)
Loading docks or spaces, except in the area where such use abuts
other loading docks or spaces;
(d)
Outdoor storage of materials, stock and equipment; and
(e)
Any other uses for which screening is required under these regulations.
(4)
Landscape buffer: Any screening or buffer areas used to comply
with the provisions of this section or other ordinance provisions
for uses other than parking decks must consist of a planted area which
is at least 10 feet wide.
(a)
This area may contain any type screening materials sufficient
to separate visually the land uses, provided such materials meet the
requirements of this section;
(b)
A wall or fence may be used in conjunction with planted material.
The composition of the screening material and its placement on the
lot will be left up to the discretion of the property owner, so long
as the purpose and requirements of this section are satisfied.
(5)
Installation requirements. The following contains standards
to be used in installing screening:
(a)
Deciduous trees must be installed with a minimum two-and-one-half-to-three-inch
caliper and evergreen species must have a minimum planting height
of six feet. The minimum growth height of deciduous and evergreen
species shall be 25 feet;
(b)
Street trees should be trimmed up eight feet at the time of
planting;
(c)
Shrubs used in any screening or landscaping must be evergreen,
at least 2 1/2 feet tall with a minimum spread of two feet when
planted and no further apart than four feet. They must be of a variety
and adequately maintained so that an average height of three feet
to four feet could be expected as normal growth within four years
of planting;
(d)
Any fence or wall used for screening shall be constructed in
a durable fashion of brick, stone, other masonry material, specifically
designed as fencing materials;
(e)
A chain link fence with plastic, metal or wooden slats does
not satisfy the requirements of this section;
(f)
The maximum height for a wall or fence shall be four feet with
the exception of screening for dumpsters which shall have a maximum
height of six feet.
I.
Affordable housing requirements:
(1)
Low- and moderate-income housing units within developments in
the MU-1 Zone shall comply in accordance with current COAH or court-approved
rules and regulations and the Uniform Housing Affordability Controls,
N.J.A.C. 5:80-26.1 et seq., except as to the very-low-income housing
obligation, which shall require that 13% of the affordable units within
each bedroom distribution are very-low-income, per the New Jersey
Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
(2)
Fifteen percent of all residential units developed in the MU-1
Zone shall be set aside as affordable. A minimum of 34 units shall
be set aside as affordable for very-low-, low- and/or moderate-income
households in accordance with the provisions of this section.
(3)
Phasing plan: Phasing for the construction of buildings in the
MU-1 Zone may be phased in any matter to be determined by the developer,
subject to the phasing schedule established by N.J.A.C. 5:93-5.6(d).[4]
[4]
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 10-16-2016.
(4)
Affordable housing units within developments in the MU-1 Zone
shall comply with current COAH or court-approved rules and regulations
and the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq., except as to the very-low-income housing obligation which
shall comply with the 13% very-low-income requirements of the New
Jersey Fair Housing Act ("FHA"), N.J.S.A. 52:27D-301 et seq.
(5)
At least five of the affordable units developed must be very-low-income
households (earning 30% or less of area median income).
J.
Relationship to other sections of the combined land use ordinance:
The regulations of the MU-1 Zone are intended to guide the orderly
development of this zone district in accordance with the parameters
of the referenced settlement agreement. Where there is a conflict
between the MU-1 Zone regulations and any other regulations of the
Westampton Township Site Plan Review Ordinance, Land Subdivision Ordinance
or Zoning Ordinance,[5] the regulations contained in this section for the MU-1
Zone shall apply unless otherwise specified in the regulations of
the MU-1 Zone.
[Added 4-20-2021 by Ord.
No. 4-2021]
A.
The purpose of the AMU-Agrihood Mixed Use Zone ("AMU Zone") is to
create a balanced development of residential, nonresidential and public
uses in convenient and complementary relation to each other in order
to encourage imaginative, efficient and orderly growth, in a pedestrian-friendly
and pedestrian-scaled, walkable, mixed-use environment, provide housing
and employment opportunities for a range of residents and incomes,
establish a streetscape and minimize the number of curb cuts along
Burlington-Mount Holly Road, and continue to preserve the Township's
rural character by supporting agricultural activities, farmland preservation,
adaptive reuse of historic barns, open spaces, and recreation spaces.
B.
The AMU Zone shall encompass Block 906.07, Lot 5, and provide 1,144
primarily multifamily apartment/condo units for rent or sale, with
a 20% set aside for 228 units to be available to low- and moderate-income
households, in a mixed-use community centered around an existing historic
farmstead along County Route 541 (Burlington-Mount Holly Road) which
will serve as the central focus of the Agrihood community and create
a unique destination for the entire Township and the region.
C.
In addition to multifamily apartment/condo units, residential development
may include mixed-use buildings, single-family detached dwellings,
two-family dwellings, townhouses, carriage units, accessory dwelling
units, live/work units, group living homes, and senior residential
consisting of independent living, assisted living and continuing care
retirement community, and may consist of a combination of age-restricted
and non-age-restricted units.
D.
Of the 228 affordable units, no more than 148 of the affordable units
may be, but shall not be required to be, senior age-restricted units
in accordance with applicable COAH and UHAC regulations. At least
80 of the affordable units must be non-age-restricted family affordable
units.
E.
The AMU Zone shall consist of two areas within it: 1) a Farmstead
Residential Neighborhood Area comprising approximately 66.4 acres
including the ten-acre Core Farm; and 2) a Residential/Nonresidential
Area comprising approximately 22 acres, which is located on the northern
end of the AMU Zone generally as shown on the attached exhibit entitled,
"Agrihood Mixed Use Zone (AMU Zone)."[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
F.
Development of the AMU Zone will create a unique destination by supporting
the continuation of agriculture and agricultural-related uses and
activities, including preservation, reuse, and retention of the existing
farmhouse and historic barns as the focus for the Agrihood. The AMU
Zone will create a unique quality of life for residents with diverse
opportunities and experiences centered around an agrarian lifestyle,
community engagement, healthy living, connection to the outdoors and
sense of well-being.
G.
The approximate 66.4-acre Farmstead Residential Neighborhood Area
shall consist of residential uses in addition to mixed-use buildings
containing nonresidential uses on the first floor with at least two
stories of upper floor residential uses, and the continuation of existing
agricultural uses. The Farmstead Residential Neighborhood Area will
be situated to surround and focus on the ten-acre Core Farm which
will preserve agriculture and agriculture-related uses and support
adaptive reuse and alterations of existing buildings and uses, the
addition of new complementary standalone nonresidential uses and structures,
and creation of a Great Lawn multifunctional gathering space. Residential
uses and mixed-use buildings shall be permitted to be located within
the Core Farm; however, mixed-use buildings in the Core Farm shall
not be required to have a minimum two stories of residential uses
over nonresidential uses on the first floor.
H.
The approximate twenty-two-acre Residential/Nonresidential Area shall
be located on the northern end of the AMU Zone and may consist of
residential uses in addition to mixed-use buildings containing nonresidential
uses on the first floor with upper floor residential uses, standalone
nonresidential uses, and the continuation of existing agricultural
uses. Large business uses including flex space, office/service centers,
light industry, warehousing, distribution centers, computer and data
processing centers and facilities, and laboratories dedicated to research,
design, and experimentation may comprise of one or multiple buildings,
provided that the total floor area shall not exceed a maximum of 250,000
square feet for all such uses and shall only be located within the
Residential/Nonresidential Area within the AMU Zone.
I.
Higher-story buildings in the AMU Zone are permitted to be entirely
residential, mixed use, or residential located adjacent to or over
parking structures in order to provide higher-density residential
development to satisfy a portion of the Township's fair share housing
obligation.
J.
There is no minimum or maximum acreage for individual uses or buildings,
there is no maximum density for individual phases, developments or
lots, and there may be more than one principal building or use per
lot. Cross easements for utilities and stormwater management including
common facilities shared among uses, and access, ingress and egress
utilizing shared, common driveways are permitted to facilitate mixed-use
development which may be on the same or separate lots within the AMU
Zone. Any large business use within the Residential/Nonresidential
Area with intensive trip generation from trucks, such as warehousing
and distribution centers, shall provide a circulation route for trucks
that minimizes impacts to existing residential uses adjacent to the
AMU Zone and proposed residential development in the AMU Zone.
K.
The following regulations shall apply in the AMU Zone:
(1)
ACCESSORY DWELLING UNIT
AGRIHOOD
APARTMENT
BUILDING HEIGHT
CARRIAGE UNIT
COAH
CONDO
CORE FARM
FARMSTEAD RESIDENTIAL NEIGHBORHOOD
FHA
GREAT LAWN MULTIFUNCTIONAL GATHERING SPACE
LARGE BUSINESS USE
LIVE/WORK UNITS
MARKET STALL
OPEN SPACE
RESIDENTIAL/NONRESIDENTIAL AREA
SIGN, DEVELOPMENT IDENTIFICATION
TWO-FAMILY DWELLING
UHAC
WINDMILL
Definitions. The following terms not defined in Chapter 250, Zoning, Article II, Word usage and definitions, shall apply to the AMU Zone:
A dwelling unit either attached to a single-family principal
dwelling or located on the same lot and having an independent means
of access.
An organized community that integrates agriculture into a
residential neighborhood. The purpose of an Agrihood is to preserve
and incorporate agricultural elements in the community, facilitate
local food production, and integrate agriculture with civic, social,
economic and recreational activities in the community.
A building or portion thereof, designed for occupancy by
three or more families living independently of each other. For the
purposes of this section, an apartment is defined as a renter-occupied
unit as opposed to a condo which is an owner-occupied unit.
The vertical distance from the average elevation of the finished
grade along the exterior of the building to the highest point of a
flat roof, to the deck line of a mansard roof, and to the average
distance between the ridge and eaves for a gable, hip or gambrel roof.
A dwelling unit with living space on one or more floors immediately
above a private garage or garages. The footprint of the garage or
garages is used as the footprint for the remaining floor or floors
of the units above and the garage level contains no habitable space.
A carriage unit may also be defined as living quarters above a two-story
structure used to shelter horses and protect carriages.
The New Jersey State Council on Affordable Housing.
A form of property ownership providing for individual ownership
of space in a structure together with an individual interest in the
land or other parts of the structure in common with other owners.
The heart of the AMU Zone, approximately 10 acres in area,
in which agricultural uses such as farmland, gardens, orchards, vineyards
and vegetation, the existing farmhouse, the historic barns and other
accessory structures which may be adaptively reused, altered and expanded
for permitted principal uses such as a farm bakery/market/shop, conference/event
center, lodging, microbrewery, distillery, beer garden, bar, wine
tasting establishment, and spa/health club. May include new standalone
structures such as stables and greenhouses, and new standalone buildings
for permitted principal uses such as a farm-to-table restaurant. A
Great Lawn multifunctioning gathering space may include other functions
such as agricultural educational events, weddings, community gardens,
community shared agriculture, farm-to-table dining, pick-your-own,
indoor/outdoor farm markets and petting zoo. Residential uses and
mixed-use buildings shall be permitted in the Core Farm.
A neighborhood or area comprising of the majority of the
AMU Zone, approximately 66.4 acres in area including the Core Farm,
including residential uses, mixed-use buildings containing nonresidential
uses on the first floor with upper floor residential uses, and the
continuation of existing agricultural uses.
The New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
An open space in the Core Farm that can be used for agricultural-related
events and other public, semipublic and private functions for residents
of the Agrihood and nonresidents.
Large business uses include flex space, office/service centers,
light industry, warehousing, distribution centers, computer and data
processing centers and facilities, and laboratories dedicated to research,
design, and experimentation; the total floor area shall not exceed
a maximum of 250,000 square feet for all such uses.
Areas within buildings that are jointly used for agricultural,
commercial and residential purposes.
A market stall or a booth is a typically immobile, temporary
structure erected by farmers, merchants or artisans to display and
shelter their produce or merchandise in a farmer's market, street
fair or other setting. Stalls may be easily erected, taken down or
simply moved on wheels.
As defined in the Municipal Land Use Law[2] including all green areas (including any environmentally
constrained areas) and recreation areas (including impervious improvements
thereon) and conservation areas based on the gross tract area prior
to any dedications.
A neighborhood or area located on the northern end of the
AMU Zone, approximately 22 acres in area, including residential uses,
mixed-use buildings containing nonresidential uses on the first floor
with upper floor residential uses, nonresidential uses including large
business uses, and the continuation of existing agricultural uses.
A one-sided or two-sided sign located at an entrance from
a public or private street to a development within the AMU Zone, the
purpose of which is to provide the name and other identifying information
about said development.
A single structure containing two dwelling units, each of
which has direct access to the outside.
The Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq.
A windmill is a structure that converts wind power into rotational
energy by means of vanes called sails or blades, specifically to mill
grain (gristmills). The scale of a windmill in the Agrihood should
reflect the agricultural character and purpose of the accessory use
and shall not appear or be used for commercial purposes.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Permitted principal uses.
(a)
Residential uses shall be permitted anywhere in the AMU Zone.
[1]
Multifamily apartments/condos in freestanding buildings.
[2]
Mixed-use buildings comprising of upper floor residential
uses over nonresidential uses, including located adjacent to or over
parking structures.
[3]
Live/work units.
[4]
Independent living, assisted living and continuing
care retirement community.
[5]
Group living homes.
[6]
Townhouses.
(b)
Large business uses shall be permitted only in the Residential/Nonresidential
Area; the total floor area shall not exceed a maximum of 250,000 square
feet for all such uses.
(c)
Nonresidential uses shall be permitted in the Residential/Nonresidential
Area, Core Farm and located on the first floor of mixed-use buildings
in the Farmstead Residential Neighborhood.
[1]
Retail sales establishments, including general
stores, indoor or outdoor farm markets, meat markets, seafood markets,
specialty food stores and delicatessens, grocery stores/supermarkets,
convenience stores, music lessons/store, art galleries and frame shops,
artisan/craftsman store, antique stores, jewelry stores, drug stores,
home furnishing stores, sporting goods stores, gift shops, hobby shops,
toy stores, book, magazine, and stationary stores, record and tape
stores, video stores, camera stores, pet shops, art and craft supply
stores, clothing stores, consignment shops, shoe stores, hardware
stores, package liquor stores, office supply stores, fabric stores,
paint and wall covering stores, electronic equipment stores, appliance
equipment stores and florists.
[2]
Retail service establishments, including spa, massage
therapy, barber and beauty shops, tailoring and dressmaking shops,
dry-cleaning and laundering operations, travel agencies and automobile
rental services, appliance repair shops, shoe repair shops, optical
services and optical clinics, printing and copying shops, mail service,
art, yoga, martial arts, gymnastics, and dance studios, photography
studios, and upholsterers.
[3]
Restaurants, eating and drinking establishments,
including bars, craft distilleries, microbreweries, beer gardens,
beer and wine tasting establishments, cafes, coffee shops, juice bar,
ice cream parlor, bakery, and confectionaries.
[4]
Offices including but not limited to work-share
environments for business, executive, professional and administrative
purposes.
[5]
Live/work space may contain offices, retail sales
and service establishments, and studios for artists, designers, photographers,
musicians, sculptors, gymnasts, potters, antique dealers, and designers
of ornamental and precious jewelry.
[6]
General and medical/health-care-related uses such
as medical offices, dental clinics, rehabilitation facilities, laboratories,
chiropractic, acupuncture, reiki, integrative and environmental medicine.
[7]
Banks and financial institutions, including walk-up
ATMs.
[8]
Pharmacies.
[9]
Outpatient care facilities and activities such
as mental or physical therapy rehabilitation including animal therapy.
[10]
Child-care centers.
[11]
Hotels, motels, inns, other lodging establishments,
and bed-and-breakfasts.
[12]
Conference, hospitality and event centers including
meeting space, which will permit both business and social gatherings
such as corporate retreats, weddings, anniversaries, birthday parties,
and educational events.
[13]
Indoor entertainment and recreation such as movie
theaters, children's recreation facilities, skating, racquet clubs,
gym, fitness, or health clubs, miniature golf and golf learning centers,
rock climbing, arcades, escape rooms, fitness related uses and other
social or business-related activities.
[14]
Public, civic, cultural, institutional and religious
uses such as libraries, museums, theaters, art galleries, police and
fire substations, municipal and civic uses.
[15]
Outdoor open markets and activities such as food
trucks, floral stalls, market stalls, wine and beer tasting and festivals,
craft and art events, holiday events such as Easter egg hunts, ice
skating, live performances, outdoor movies, outdoor markets and selling
fresh food and plants based on state laws and regulations.
[16]
Agricultural-related activities such as agricultural
educational events, community gardens, community shared agriculture,
farm-to-table dining, pick-your-own, orchards, vineyards, indoor/outdoor
farm markets, and petting zoos.
[17]
Plazas, parks, open spaces, Great Lawn. Multifunctional
outdoor uses including but not limited to music, movies, performances,
ice skating, water fountains, festivals, and food trucks for private
or public gatherings.
(d)
Agricultural uses including but not limited to agricultural
uses protected by the Township's Right to Farm Ordinance[3] shall be permitted anywhere in the AMU Zone. As the tract
is developed, agricultural uses shall be limited to remaining on undeveloped
portions of the tract and the Core Farm. Once the tract is fully developed,
agricultural uses shall be limited to the Core Farm.
(3)
Permitted accessory uses, buildings and structures.
(a)
Kiosks, event tents, and market stalls.
(b)
Supportive agricultural elements including but not limited to
barns, silos, grain storage, mills, and livestock facilities such
as stables and chicken coops. Nonhousehold animals shall be permitted
in undeveloped portions of the tract and in the Core Farm in accordance
with the Right to Farm Act.[4] Residentially developed areas of the site will abide by Chapter 88, Article IV, Household and Nonhousehold Animals.
[4]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
(c)
Wine cellars, barrel rooms, and distilleries.
(d)
Recreational facilities, pools, playgrounds, open space and
trails.
(e)
Alternative energy systems such as solar or wind as a secondary
principal use in addition to an existing housing, retail, industrial,
warehouse, or agricultural use.
(f)
Off-street parking facilities including parking structures.
(g)
Bus stops.
(h)
Utility and service structures, including, but not limited to,
trash/recycling enclosure(s), generator(s), transformers, and maintenance
shed(s).
(i)
Pump houses which are used for maintenance and operation of
sanitary sewer utilities serving the development.
(j)
Stormwater management structures and areas which may be common
facilities shared among uses on the same or separate lots with cross
easements, and stormwater may be utilized to provide irrigation to
agricultural uses.
(k)
Business, development identification, traffic, and directional
signs.
(l)
Fences, retaining walls and wall enclosures.
(m)
Accessory uses and structures customarily incidental and subordinate
to the principal permitted uses, including management and leasing
offices.
(4)
Standards applicable to accessory buildings and structures.
(a)
Accessory structures and uses shall comply in all respects with
the requirements of this section applicable to the principal structures
and uses.
(b)
When an accessory structure is attached to the principal structure,
it shall comply in all respects with the requirements of this section
applicable to the principal structure.
(c)
No accessory structure shall be constructed or placed on any
lot unless the principal structure is first constructed or placed
upon said lot, with the exception of agricultural structures, which
lie under the Right to Farm Act,[5] and parking facilities (surface or structure) which may
be constructed prior to the primary use.
[5]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
(d)
In no event shall the height of an accessory structure exceed
the height of the principal building, with the exception of silos,
water towers, and windmills.
(5)
Prohibited uses.
(a)
Any use not specifically designated as a principal permitted
use, an accessory use or a conditional use is specifically prohibited.
(6)
Density, area, yard and height requirements. The following requirements
apply to the AMU Zone:
(a)
Lot area. The AMU development shall be regarded as a cohesive
unit that contains the entire acreage of Block 906.07, Lot 5, which
is approximately 88.4 acres. There is no minimum or maximum lot area
for individual uses or buildings. There is no maximum density for
individual phases, developments or lots. There may be more than one
principal building or use per lot.
(b)
Concept plan for AMU Zone. Any application for phased development
or subdivision shall include an overall concept plan for the AMU Zone
delineating the relationship of the proposed phase or lot to the potential
future phases of development for the remainder of the AMU Zone including
the provision of areas to accommodate residential development that
provides for 228 affordable units. The concept plan shall be prepared
as a diagram that identifies development phases, the uses proposed
in various phases and the sequence of phasing which is intended to
be flexible and may be updated and revised in subsequent phases or
subdivisions. The overall concept plan may identify proposed and potential
future cross easements for utilities and stormwater management including
common facilities shared among uses, and access, ingress and egress
utilizing shared, common driveways to facilitate mixed-use development
which may be located on the same or separate lots within the AMU Zone.
(c)
The number of residential units shall be 1,144 units which may
be contained anywhere in the AMU Zone. A maximum of 742 of the residential
units may be age-restricted, assisted living, or group home/special
needs units. At least 402 of the residential units must be family
non-age-restricted units, and all of the residential units may be
family non-age-restricted units. A maximum of 5% of the total residential
acreage may be in the form of single-family detached dwellings, two-family
dwellings, carriage units and accessory dwelling units.
(d)
Building heights may vary with one-, two- and three-story buildings
(maximum height of 45 feet), four-story buildings (maximum height
of 55 feet) and five-story buildings and buildings over parking structures
(maximum height of 75 feet) throughout the AMU Zone. Mixed-use buildings
outside of the Core Farm shall be a minimum of three stories, comprising
of at least two stories of residential uses over nonresidential uses
on the first floor.
(e)
Floor area ratio shall not apply to the AMU Zone.
(f)
Minimum setbacks. Minimum setbacks to buildings, except to barns
and other buildings in the Core Farm, shall be regulated as follows:
[1]
The minimum setback from Burlington-Mount Holly
Road is 50 feet except as specified below:
[2]
The minimum side or rear yard setback from a tract
boundary is 25 feet except as specified below:
[a]
The minimum side or rear yard setback from a tract
boundary for residential uses in the AMU Zone from abutting residential
uses or zones is 50 feet.
[b]
The minimum side or rear yard setback from a tract
boundary for nonresidential uses in the AMU Zone abutting residential
uses or zones is 75 feet.
[3]
The minimum setback from any internal road curbline
is 18 feet.
[4]
The minimum setback from an access driveway or
internal driveway curbline is 10 feet.
[5]
The minimum setback from a parking area curbline
is 10 feet.
[6]
Utility structures, exhaust air vents, backflow
preventers, or other similar devices when located above grade, must
be located behind the setback and be screened. Utility structures
located below grade may be located within the setback.
(g)
Minimum building separation distance requirements. Minimum building
separation distances, except for barns and other buildings in the
Core Farm, shall be regulated as follows:
(h)
Permitted projections. Permitted projections from buildings,
except from barns and other buildings in the Core Farm, shall be regulated
as follows:
[1]
Nonenclosed one-story porches, porticos, stoops
and entrance platforms leading to the front entrance shall be permitted
to project not more than eight feet into a front yard setback or building
separation distance. Such porch, stoop and entrance platform may have
an uncovered balcony directly above provided it has the same footprint
as, and is attached to, the structure below.
[2]
Nonenclosed one-story porches, porticoes, stoops,
entrance platforms, uncovered decks, basement entrances and balconies
shall be permitted to project not more than four feet into a side
or rear yard setback or building separation distance.
[3]
Cornices, eaves, chimneys, gutters, downspouts,
awnings, canopies, cantilevered roofs, uncovered balconies and bay
windows shall be permitted to project not more than three feet into
any yard setback or building separation distance.
[4]
Belt courses, window sills and other similar ornamental
features may project not more than nine inches into any yard setback
or building separation distance.
[5]
Window wells may project not more than five feet
into any yard setback or building separation distance.
[6]
In no case shall a permitted projection attached:
to any structure be less than five feet from a front lot line; to
any principal structure be less than three feet from a side or rear
lot line; and to any accessory structure be less than one foot from
a side or rear lot line.
[7]
Ramps and stairways leading to a porch, stoop or
other building entrance may project into a yard setback or building
separation distance without limitation, provided that the steps do
not encroach upon the public right-of-way.
[8]
Awnings and canopies may project over a sidewalk
and/or in the public right-of-way, provided that such structure has
a minimum vertical clearance of eight feet and is set back a minimum
of four feet from the face of curb along the street.
(7)
Plaza, park, open space, great lawn.
(a)
A minimum 16,000-square-foot multifunctional space ideally in
the form of a "Great Lawn" will be located at the center of the Agrihood
to serve as both a formal and informal gathering space and to stage
a range of outdoor events.
(8)
Parking standards.
(a)
Parking standards. The minimum parking requirements for the
AMU Zone are as follows:
Use
|
Parking Ratio
|
---|---|
Residential
|
Per Residential Site Improvement Standards
|
Age-restricted residential
|
1.25 sp/dwelling unit
|
Assisted living
|
0.40 sp/dwelling unit
|
Retail
|
4.0 sp/1,000 GFA1
|
Restaurant
|
1.0 sp/3.0 seats1
|
Medical office
|
4.0 sp/1,000 GFA2
|
General office
|
3.5 sp/1,000 GFA
|
Civic, cultural, institutional
|
1.0 sp/4.0 seats
|
Assembly
|
2.5 sp/10.0 seats
|
Child-care center
|
1.0 sp/5.0 children
|
Hotel
|
1.0 sp/1.0 room
|
Large business
|
1.0 sp/5,000 GFA
|
All other uses
|
1.0 sp/400 GFA
|
NOTES:
|
1 Outdoor seating areas do not count
toward the required parking ratios.
|
2 For projects where medical office
use comprises over 25% of office space in the project, the parking
requirements shall be 6.0 spaces per 1,000 GFA.
|
(b)
The above parking provisions shall not apply to barns and other
buildings and uses in the Core Farm, the Great Lawn, and all accessory
uses. The amount, distribution, and type of parking for nonresident
usage of the Core Farm shall be provided based on a parking plan provided
for review and approval by the Planning Board and may include nonpaved
parking areas, shared parking strategies, and temporary parking areas
for special events.
(c)
Gross floor area is the total interior floor area of all floors
determined by measuring the inside dimension of the outside walls
of the structure.
(d)
For public, civic, cultural, institutional and religious uses
without seating, the retail parking requirements shall apply.
(e)
When the calculation for parking spaces results in a fraction
of a parking space, fractions of less than one-half shall be disregarded
and fractions equal to or greater than one-half shall be considered
to be one parking space.
(f)
Compact car parking. Up to 10% of the required parking stalls
may be designated for compact cars.
(g)
Electric vehicle charging stations. A minimum of 2% of all parking
spaces for nonresidential uses shall be provided with infrastructure
to accommodate electric vehicle charging stations. These provisions
shall not apply to barns and other uses in the Core Farm including
the Great Lawn and temporary parking areas for special events.
(h)
Bicycle parking. Bicycle parking is required at one bicycle
parking space for every 50 vehicle parking spaces, up to 200 vehicle
parking spaces. Thereafter, one bicycle parking space shall be provided
for every 100 vehicle parking spaces. When the calculation results
in a fraction of a bicycle space, fractions of less than one-half
shall be disregarded and fractions equal to or greater than one-half
shall be considered to be one bicycle space. Provisions for bicycle
parking shall be provided for resident and nonresident use of the
Core Farm and Great Lawn.
(i)
Any shared parking shall require a shared parking analysis based
on the ULI Shared Parking Software or a comparable software model,
and shall be prepared by a credible expert, such as an experienced
parking or land use consultant, planner, architect or engineer, preferably
a PTOE.
(j)
On-street parking spaces. Parking spaces located along the portion
of a public or private street(s) abutting the use may be counted toward
the minimum number of parking spaces required for any permitted use.
On-street parking may be counted for shared parking.
(k)
Setback maneuvering. No surface parking or maneuvering space
is permitted within any required setback, or between the permitted
use and the required setback, except driveways providing access to
the parking area may be installed across these areas. These provisions
shall not apply to barns and other buildings in the Core Farm.
(l)
All surface parking shall be screened based on the design standards
indicated in the streetscape section of this AMU Zone. These provisions
shall not apply to barns and other buildings in the Core Farm.
(m)
Additional off-street parking regulations. For all parking standards
not covered in this section, refer to Off-Street Parking Regulations
in the Westampton Township Zoning Ordinance.
(9)
Loading standards. Loading standards for uses, except for barns
and other buildings in the Core Farm, shall be regulated as follows:
(a)
Off-street standards. Buildings and structures, excluding parking
structures, subject to the provisions of this section, must provide
a minimum number of off-street service/delivery parking spaces. These
spaces must be designed and constructed so that all parking maneuvers
take place within the property line, service alley or secondary street.
These parking spaces shall not interfere with the normal movement
of vehicles and pedestrians in the public rights-of-way, unless otherwise
approved. These parking spaces must be provided in accordance with
the following:
Size
(square feet)
|
Minimum Number of Parking Spaces
|
---|---|
Less than 25,000
|
None required
|
25,000 to 50,000
|
1 bay + 1 compactor
|
50,000 to 100,000
|
2 bays + 1 compactor
|
100,000 to 150,000
|
2 bays + 2 compactors
|
(b)
The minimum dimension of a loading area shall be 12 feet by
35 feet with a minimum height clearance of 14 feet.
(c)
Off-street loading and unloading shall be located that minimizes
impacts to existing residential uses adjacent to the AMU Zone and
proposed residential development in the AMU Zone, provided in such
amount and manner that all loading and unloading operations will be
conducted entirely within the boundaries of the lot concerned, and
no vehicle shall use public streets, sidewalks or rights-of-way for
loading or unloading operations, other than ingress and egress to
the lot.
(10)
Buffering and screening standards.
(a)
Core Farm. In order to preserve the existing agricultural nature
of the Core Farm, buffering and screening standards shall not be required
in the Core Farm, except that buffering and screening shall be required
for dumpsters, recycling containers and solid waste handling areas.
(b)
Large business uses. Large business uses must be screened from
abutting property and view from a public street:
[1]
Front yard buffers shall be planted to a depth
of 25 feet from the front lot line.
[2]
Screen plantings shall be provided to a depth of
25 feet along property lines where a large business use abuts another
nonresidential use.
[3]
Screen plantings shall be provided to a depth of
50 feet along property lines where a large business use abuts a residential
use.
(c)
Required screening. The following uses must be screened from
abutting property and view from a public street:
[1]
Off-street surface parking areas.
[2]
Dumpsters, recycling containers (except for recycling
containers located at recycling collection centers), or solid waste
handling areas.
[3]
Service entrances or utility structures associated
with a building, except in the area where such use abuts other service
entrances or utility structures.
[4]
Loading docks or spaces, except in the area where
such use abuts other loading docks or spaces.
[5]
Outdoor storage of materials, stock and equipment.
[6]
Any other use for which screening is required under
these regulations.
(d)
Off-street surface parking areas.
[1]
All proposed off-street surface parking areas with
20 or more parking spaces shall be screened from all public streets
with the following criteria:
[2]
All proposed off-street surface parking areas with
36 or more parking spaces or at least 12,000 square feet in area shall
be subject to the following additional criteria:
[a]
A minimum of one two-and-one-half-inch caliper
tree shall be provided for every eight parking spaces which include
perimeter trees. Existing trees may be used to meet this requirement.
[b]
Fractions equal to or greater than one half resulting
from this calculation shall be considered to be one tree.
[c]
Each such tree shall be located in a planting island
with a minimum width of eight feet and a minimum area of 150 square
feet of pervious surface.
[d]
The following distribution of trees shall apply:
[i]
Each end space in a row of 12 or more parking spaces shall fully
abut a planting island or a perimeter landscaped area along the long
dimension of the end space.
[ii]
No more than 20 parking spaces shall be permitted
between planting islands, or a planting island and a perimeter landscaped
area.
(e)
Landscape buffer. Any screening or buffer areas used to comply
with the provisions of this section or other ordinance provisions
for uses other than off-street parking areas and parking structures
shall consist of a planted area which is at least 10 feet wide, except
for dumpsters, recycling containers and solid waste handling areas
in the Core Farm area which shall be at least three feet wide.
[1]
This area may contain any type of screening materials
sufficient to separate visually the land uses, provided such materials
meet the requirements of this section.
[2]
A wall or fence may be used in conjunction with
planted material. The composition of the screening material and its
placement on the lot will be left up to the discretion of the property
owner, so long as the purpose and requirements of this section are
satisfied.
(f)
Installation requirements. The following contains standards
to be used in installing screening:
[1]
Deciduous trees must be installed with a minimum
two-and-one-half-inch caliper and evergreen species must have a minimum
planting height of six feet. The mature height of deciduous and evergreen
species shall be a minimum of 20 feet. Flowering cherry trees, magnolias,
and weeping willows are encouraged.
[2]
Street trees should be trimmed up eight feet at
the time of planting.
[3]
Shrubs used in any screening or landscaping must
be evergreen, at least 2 1/2 feet high at the time of planting,
spaced an average of four feet apart. They must be of a variety and
adequately maintained so that an average height of three feet to four
feet could be expected as normal growth within four years of planting.
Flowering shrubs are encouraged.
[4]
Any fence or wall used for screening shall be constructed
in a durable fashion. Fences shall be constructed of wood, metal or
vinyl, and walls shall be constructed of brick, stone, other masonry
material.
[5]
A chain link fence with plastic, metal or wooden
slats does not satisfy the requirements of this section.
[6]
The maximum height for a wall or fence within a
landscape buffer shall be four feet, with the exception of screening
for dumpsters which shall have a maximum height of six feet.
(11)
Agrihood development/placemaking design standards.
(a)
The placemaking focus of the AMU Zone is a central Core Farm
that includes preservation of the existing farmhouse, reuse of the
historic barns, retention of existing agricultural uses, the addition
of new uses, buildings and structures, and a Great Lawn multifunctional
gathering space. The Core Farm will create diverse opportunities and
experiences centered around an agrarian lifestyle, community engagement,
healthy living, connection to the outdoors and sense of well-being.
The Core Farm will be a unique central gathering area where the Great
Lawn will be used for staging various types of multifunctional outdoor
events.
(b)
The design standards in this section provide the criteria for
development within the AMU Zone in order to promote a high-quality,
pedestrian friendly, mixed-use environment.
(c)
Architectural design standards for the Core Farm. The design
of new buildings and structures within the Core Farm are encouraged
to be architecturally compatible and complementary with the barns
and other buildings in the Core Farm. The design of new buildings
and structures shall be provided in a comprehensive design package,
which shall provide street-facing elevations as well as indicate the
proposed materials, colors, finishes and/or details for courtesy review
by the Planning Board.
(d)
Architectural design standards for all other buildings in the
AMU Zone.
[1]
All buildings, except large business uses, shall
reinforce pedestrian scale.
[2]
The base of buildings shall be distinguished from
the middle and top of the building with an emphasis on providing design
elements that will enhance the pedestrian environment particularly
at the street level.
[3]
Elements such as cornices, belt courses, corbelling,
molding, string courses, ornamentation, changes in material or color,
and other sculpturing of the base are appropriate and should be provided
to add special interest to the base.
[4]
Special attention must be given to the design of
windows at the base of buildings.
[5]
Building facades, except for indoor entertainment
and recreation uses or large business uses, exceeding 120 feet in
length shall be designed to avoid a monolithic appearance through
the use of different facade materials and building setbacks that act
to break the building appearance into smaller increments and sections.
[6]
Building facades for indoor entertainment and recreation
uses or large business uses exceeding 200 feet in length shall be
designed to avoid a monolithic appearance through the use of different
facade materials and building setbacks that act to break the building
appearance into smaller increments and sections.
[7]
All sides of the building not along a street shall
be architecturally compatible with the street-facing facades in regard
to style, materials, colors, finishes and details. The use of untreated
concrete block as an exterior material finish shall be prohibited.
(e)
Building orientation.
[1]
All buildings shall be oriented toward public streets
and/or open spaces, except indoor entertainment and recreation uses
or large business uses.
[2]
The first floors of all buildings should be designed
to encourage and complement pedestrian-scale activity, except indoor
entertainment and recreation uses or large business uses.
(f)
Building entrances.
[1]
Building entrances should be easily identifiable
and nonresidential buildings shall feature entrances with large, open
and transparent windows with unique and interesting signage.
[2]
Entrances for residential uses should be separate
and distinct from nonresidential uses in mixed-use buildings, except
for live/work units which may have a common entrance.
(g)
Building storefronts.
[1]
All retail sales or service establishments and
restaurants shall have the opportunity to design and install their
own storefronts as a way to express their individual identity and
positioning, provided they observe the minimum guidelines noted below:
[a]
Storefronts should be "individual" expressions
of a tenant's identity but complement the Agrihood theme.
[b]
Tenant's storefront construction should be of high
quality and craftsmanship.
[c]
Any restaurant use is encouraged to provide outdoor
seating including permanent shade structures for outdoor dining.
[d]
Canopies, awnings, and similar architectural accents
are encouraged.
(h)
Building service locations. All service locations for new development
shall generally be located at the rear, side or interior portions
of the building where feasible or in less visibly exposed locations.
Small-scale nonresidential uses may be serviced directly from a street.
The above provisions shall not apply to large business uses.
(i)
Mechanical equipment screening. The screening of rooftop mechanical
equipment is required.
[1]
All rooftop mechanical equipment including cell
phone antennae shall be screened from view from all adjacent public
streets, open spaces and parks in all directions and elevations to
minimize the negative impact from any public street, neighborhood
or adjacent building.
[2]
Screening materials shall be consistent with the
architectural detail, color and materials of the building.
[3]
Any wall pack ventilation unit facing a public
street must match the adjacent material color.
(j)
Structured parking. Parking structures shall be designed with
publicly visible exterior to be clad in a vine-covered trellis, graphic
panels, solar panels, a window-like facade treatment, or a multistory
liner building, or ground floor space utilized for a permitted use.
(k)
Streetscape design standards. A successful neighborhood is not
complete until its parks, open space, sidewalks and streetscape have
been designed and "furnished." The items that are referred to as streetscape
elements in this guideline include such things as streetlights, sidewalks,
benches, trash receptacles and other street furniture which reinforce
the character of the street and the neighborhoods. The following subsection
addresses an overall approach for the design of streetscape elements
that are to be considered as part of the overall AMU Zone vocabulary.
These standards are meant to establish the minimum criteria that will
be required for the design and implementation of streetscape, parks
and open space improvements.
[1]
Streetscape elements. The following streetscape
elements shall be provided per this section of the design standards.
Proposed development projects shall provide these elements as a part
of the approval process:
[a]
Street trees. Street trees shall be planted in
either grates or open landscape areas equivalent to 30 feet zero inches
on center along all public street frontage.
[b]
Street trees shall be planted with a minimum two-and-one-half-inch
caliper, shall be trimmed up to eight feet zero inches, and shall
be in accordance with the American Standard for Nursery Stock published
by the American Association of Nurserymen.
[c]
Prior to installation a minimum four-foot-zero-inch-by-eight-foot-zero-inch
area should be treated and prepared for tree root growth.
[d]
A minimum two-year maintenance and watering plan
shall be put into place.
[e]
Recommended street trees such as but not limited
to: Gleditsia Tricanthos (Honey Locust - thornless and pod free),
Zelkova, Katsura, Hedge Maple, Hornbeam and Ginko (male only), cherry
trees, magnolia, weeping willows.
[2]
Design and materials.
[a]
Sidewalks should incorporate street furniture and
have a higher level of finish on pedestrian-oriented, mixed-use streets
(pavers, colored stamped concrete, etc.; asphalt is prohibited).
[b]
Sidewalks, pathways and trails within the Core
Farm may utilize more natural, permeable, or semipermeable materials
such as gravel, crushed stone and fine-crushed rock.
[c]
A multi-use trail along County Route 541 (Burlington-Mount
Holly Road) may be paved with asphalt.
[d]
Roads within the Core Farm may be more natural,
permeable, or semipermeable materials such as gravel, crushed stone
and fine-crushed rock. The existing gravel road to the Core Farm will
be permitted to remain and be used as both a public and private access
point to the Core Farm.
[e]
Pots and planters can be used in addition to landscape
planting areas to complement the surrounding streetscape by adding
color and variety.
[f]
The pattern and type of materials will be determined
during the design phase.
[3]
Streetlighting.
[a]
Streetlights should be located as part of the streetscape
and function as a unifying element.
[b]
Fixtures should exhibit an aesthetic as well as
functional purpose to create interest and a sense of scale for the
pedestrian and should provide at minimum brackets to allow for banners.
[c]
Luminaires should be translucent or glare-free
using opaque glass or acrylic lenses.
[d]
Diffusers and refractors should be installed to
reduce unacceptable glare adjacent to residential areas.
[e]
The specific streetlight and spacing of poles shall
be determined during the design phase; GFIs should be located at the
top of the pole.
[f]
The height and spacing of the light poles should
be based on a photometric calculation, however, the maximum light
pole height shall be 25 feet.
[g]
Streetlight specifications and locations shall
be submitted for review and approval prior to installation.
[4]
Trash receptacles.
[a]
Trash receptacles should be located conveniently
for pedestrian use and service access in significant areas and gathering
places.
[b]
Trash receptacles should be permanently attached
to deter vandalism and have sealed bottoms with sufficient tops to
keep contents dry and out of pedestrian view.
[c]
The type and location of the trash receptacles
will be determined during the design phase.
[d]
At minimum every other trash receptacle should
include an additional recycling container.
[5]
Bicycle racks.
[6]
Bollards.
[a]
Bollards should integrate with and aesthetically
complement the overall streetscape concept; respond to the area it
supports (Great Lawn vs. building service areas); setback from curbs
to allow unobstructed opening of parked car doors.
[b]
Bollards may be chained or cabled together to ensure
pedestrian safety or define areas for public functions.
[c]
Removable bollards should be used where service
vehicles need access and for street closures in the event of festivals
or community events.
[7]
Stormwater management facilities, ponds and fountains.
[a]
Stormwater management facilities, ponds and fountains
are features that can be located in passive or active open spaces,
which may be common facilities shared among uses on the same or separate
lots with cross easements and may be utilized to provide irrigation
to agricultural uses.
[b]
Ponds and fountains should be aesthetically pleasing,
allow for ample pedestrian circulation and should be designed to encourage
"sitting" and interaction.
[c]
Stormwater management may incorporate NJDEP stormwater
best management practices for both grey and green infrastructure,
including common shared facilities, green roofs, planter boxes, rain
barrels, cisterns, native landscaping, rain gardens, infiltration
beds, pervious paving and landscape islands in parking areas, and
tree pits, tree trenches, pervious pavers and sidewalks along roads
or within rights-of-way.
[8]
Public art.
[a]
Public art should be "accessible"; tie to the history
of Westampton Township and, if possible, should be created by a local
source; include water, seating, planting, decorative architectural
elements or plaza space design.
[b]
Public art should be visible, but not interfere
with pedestrian circulation or create a traffic hazard; made of durable,
weatherproof materials; and should be designed to avoid physical hazards.
[9]
Kiosks and market stalls.
[10]
Utility accessories.
[a]
Utility boxes, meters, manhole covers, and fire
hydrants should be coordinated with other streetscape accessories.
[b]
Utilities should be readily accessible and placed
so as not to obstruct pedestrian movement.
[c]
Utility locations should minimize visual and physical
impact as much as possible.
[d]
Utilities should blend in with the surroundings
or enhance the area.
(12)
Signage.
(a)
The developer is encouraged to explore a variety of signage
types, sizes and styles with the objective of integrating the design
of the signage into the streetscape design. Storefronts are expected
to take maximum advantage of store logos, specialty letter styles,
quality materials, graphic flourishes and high-impact graphics.
[1]
The goal is to maintain creative consistency that
identifies the tenant's identity and integrates with the storefront
facade design;
[2]
Signs can be in the form of a painted sign, flat
sign, fin sign, window sign, illuminated or nonilluminated sign, dimensional
sign, sidewalk sign or awnings;
[3]
Emphasis should be on durable, natural materials
and quality manufacturing and can include cast, polished or painted
metal; painted, stained or natural wood; glazed and ceramic tile;
etched, cut, edge-lit or stained glass; cast stone and carved natural
stone;
[4]
Tenants should strive for creativity, uniqueness
and high quality;
[5]
Neon signs strictly prohibited;
(b)
For all signage standards not covered or specifically stated in this section, refer to § 250-25, Signs.
(c)
Development identification signs:
[1]
Either two single-sided or a single two-sided development
identification sign(s) shall be permitted at each entrance from a
public or private street to a development within the AMU Zone. The
Core Farm shall be permitted to have a development identification
sign at each entrance as well as along County Route 541 (Burlington-Mount
Holly Road).
[2]
The maximum area of a development identification
sign shall not exceed 60 square feet on the face of the sign, which
shall include all lettering, wording, coloring and accompanying designs
and symbols, together with background, but excluding any associated
decorative elements or supporting framework, such as landscaping,
berming, fencing, stone or masonry columns or walls, or any combination
of the above or other ornamentation or materials, provided that any
sign and associated decorative elements shall not exceed six feet
in height from ground level.
[3]
The minimum setback of a development identification
sign from a public street shall be 10 feet from the street right-of-way.
[4]
A development identification sign may be located
a minimum of 10 feet from a private road or driveway providing access
to a development within the AMU Zone, or it may be located on a boulevard
or other island or median, and shall be located a minimum of 10 feet
from the projected intersection of the curblines of cross streets.
(d)
All signage for all uses, except for the Core Farm, shall be indicated in a comprehensive master signage package. Such signage package shall provide sufficient information regarding the proposed number, size, materials, colors, finishes and/or details for review and approval by the Planning Board. Once approved, the master signage package shall supersede the requirements of § 250-25. Future variances shall be requested from the master signed package.
(e)
All signage associated with the Core Farm shall be indicated in a comprehensive master signage package. Such signage package shall provide sufficient information regarding the proposed number, size, materials, colors, finishes and/or details for review and approval by the Planning Board. Once approved, the master signage package shall supersede the requirements of § 250-25. Future variances shall be requested from the master signed package.
(13)
Affordable housing.
(a)
In accordance with the December 23, 2019, Settlement Agreement
between the Township and Fair Share Housing Center (FSHC), as may
be amended, the Township's Housing Element and Fair Shape Plan, as
well as court orders, all residential development in the AMU Zone
shall provide a 20% set-aside of affordable housing for very-low-,
low-, and moderate-income households.
(b)
A minimum of 1,144 residential units shall be allowed with a
required 20% affordable housing set-aside for no fewer than 228 affordable
units.
(c)
No more than 148 of the 228 affordable units may be age-restricted,
assisted living, or special needs affordable units, and at least 80
of the affordable units must be family non-age-restricted units available
to households of all ages and sizes. All 228 affordable units may
be family non-age-restricted affordable units.
(d)
Development of the residential component may be completed in
multiple phases of development and subdivisions of the property if
necessary. If any phase of development or subdivision is less than
1,144 units, the number of affordable units shall provide the 20%
affordable housing set-aside in proportion to that phase of development
or subdivision.
(e)
All of the affordable units shall fully comply with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"),
including but not limited to the required bedroom and income distribution,
with the sole exception that at least 13% of the affordable units
within each bedroom distribution shall be required to be for very-low-income
households earning less than 30% of the median income pursuant to
the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"). Of the
228 affordable units in the AMU Zone, at least 30 of the affordable
units shall be very-low-income units.
(f)
The affordable units shall be integrated fully with the market-rate
units. The residents of the affordable units shall have full and equal
access to all of the amenities, common areas, and recreation areas
and facilities as the residents of the market-rate units.
(g)
All of the affordable units shall be subject to affordability
controls of at least 30 years from the date of initial occupancy and
affordable deed restrictions as provided for by UHAC, with the sole
exception that very-low income shall be defined as at or below 30%
of median income pursuant to the Fair Housing Act, and the affordability
controls shall remain until released by Westampton Township in accordance
with UHAC and applicable law.
(h)
Construction of residential buildings in the AMU Zone may be
phased in any manner to be determined by the developer, subject to
the phasing schedule for affordable housing units established by N.J.A.C.
5:93-5.6(d).
(i)
The affordable units shall be affirmatively marketed in accordance
with UHAC and applicable law. The affirmative marketing shall include
the community and regional organizations identified in the Settlement
Agreement between Westampton and Fair Share Housing Center, and it
shall also include posting of all affordable units on the New Jersey
Housing Resource Center website.
(14)
Relationship to other sections of the combined land use ordinance.
The regulations of the AMU Zone are intended to guide the orderly
development of this zone in accordance with the parameters of the
referenced settlement agreement. Where there is a conflict between
the AMU Zone regulations and any other regulations of the Westampton
Township Site Plan Review Ordinance, Land Subdivision Ordinance or
Zoning Ordinance,[6] the regulations contained in this section for the AMU
Zone shall apply unless otherwise specified in the regulations of
the AMU Zone.