Westampton City Zoning Code
ARTICLE VI
Use Regulations
§ 250-10 R-1 Residential Zone.
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.
§ 250-11 R-2 Residential Zone.
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.
§ 250-12 R-3 and R-4 Residential Zones.
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.
§ 250-13 R-5 Residential Zone.
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.
§ 250-14 R-6 Residential Zone.
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.
§ 250-14.1 R-7 Residential Zone.
[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.
§ 250-14.2 R-8 Residence 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.
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.
§ 250-14.3 R-9 Residential Zone.
[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.
§ 250-15 Business 1 (B-1) 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.
§ 250-16 Commercial (C) Zone.
[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.
§ 250-16.1 Medical Campus District Overlay Zone (MCD).
[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.
§ 250-17 Office Research 1 (OR-1) Zone.
[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.
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.
§ 250-18 Office Research 2 (OR-2) Zone.
[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.
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.
§ 250-19 Office Research 3 (OR-3) Zone.
[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.
§ 250-20 Industrial (I) 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.
§ 250-21 Planned Unit Development Overlay District.
[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.
§ 250-21.1 MU-1 Mixed Use Zone.
[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.
§ 250-21.2 AMU-Agrihood Mixed Use 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:
(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.
[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.