[Added 7-17-2017 by Ord.
No. 2017-11]
A.
Pursuant to the settlement agreement between the parties of Mount
Laurel litigations captioned Chase Partners Mt. Laurel, LLC v. Township
of Mount Laurel, et als, BUR-L-2962-14 ("Chase Partners Litigation"),
and In the Matter of the Application of the Township of Mount Laurel,
County of Burlington, Docket BUR-L-1620-15 ("DJ Action"), this article
creates the MH-MF Zoning District, designed to create a total of 500
residential units which will include an overall 20% set-aside of affordable
rental units that will be governed by controls on affordability and
comply with all other Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq. ("UHAC"), requirements as of the date of the adoption
of this article.
B.
This article shall apply specifically to the future residential inclusionary
development to be located on Block 215, Lot 15, as set forth on the
Township of Mount Laurel Tax Map (the "property").
C.
The provisions of this article shall govern all future development
of the property. This article expressly preempts and supersedes all
prior ordinances regarding the zoning and land development standards
applicable to the property. All ordinances or parts thereof that are
inconsistent with the provisions of this article are hereby repealed
to the extent of their inconsistency.
Multifamily residential buildings may not exceed 360 units.
Single-family homes and townhomes, inclusive of affordable dwellings
which may be included in stacked flats designed to generally reflect
the design of townhomes, may not exceed, in combination with the multifamily
residential units, a total of up to 500 units within the overall development.
Accessory uses may include:
A.
Detached and attached private garages, parking spaces and parking
areas and/or lots.
B.
Private passive or active recreational facilities, including, but
not limited to: a clubhouse and swimming pool, playgrounds, dog park.
C.
Stormwater management facilities.
F.
Private trash/recycling enclosures.
G.
Parking, streets and driveways subject to the New Jersey Residential
Site Improvements Standards ("RSIS").
H.
All necessary utilities.
I.
Other accessory uses and structures normally considered incidental
to multifamily buildings.
J.
Electric
vehicle charging stations or EVSE make ready parking spaces.
[Added 2-28-2022 by Ord. No. 2022-9]
A.
Twenty percent of the total residential dwelling units shall be provided
as affordable housing units, whether provided as rental or "for sale"
units.
B.
At least 15% of each section or neighborhood of the development (i.e.,
apartment or townhome area) shall be provided as affordable housing
units. Within the rental apartment development, the affordable housing
units shall be generally dispersed within mixed income buildings.
Within the townhome and/or single-family portion of the development,
affordable units may be provided in buildings consisting entirely
of affordable units. Such buildings shall be designed to reflect the
building massing and shape of townhome structures, while allowing
two dwellings in each vertical plane (one over the other). Such buildings
shall be located on the site to provide appropriate access to open
space areas for resident families.
C.
The affordable housing units shall be developed and managed in accordance
with the applicable UHAC regulations and N.J.A.C. 5:93-1 et seq. provisions,[1] adopted as of the date of the adoption of this article,
which requirements include but are not limited to: split between low-
and moderate-income housing, bedroom distribution, range of affordability,
pricing and rent of units, affirmative marketing, affordability controls,
and construction phasing with the market-rate units developed on the
tract.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on October 16, 2016.
See: 43 N.J.R. 1203(a).
D.
Consistent with UHAC, the developer (or its agent) may act as the
administrative agent to be responsible for the administering of the
affordable housing program and reporting to the Municipal Housing
Liaison.
Signs for residential development shall conform to § 154-92.5.
A.
Overall tract impervious coverage for the MH-MF District shall not
exceed 50%. The total gross acreage of all contiguous lots under the
ownership or control of the property owners of the property within
the MH-MF Zone shall be used for purposes of calculating overall tract
coverage.
B.
Perimeter setbacks and buffers.
(1)
Residential units with a height of 45 feet or less shall provide
a setback of no less than 50 feet from any external tract boundary
line or from any other right-of-way line of a dedicated municipal
roadway. Units with a height exceeding 45 feet shall be set back a
minimum of 75 feet.
(2)
Accessory uses: 20 feet from any tract boundary line or from
any other right-of-way line of a dedicated municipal roadway, excluding
permitted accessory uses at roadway intersections.
(3)
All setbacks shall be measured from the external tract boundary line or right-of-way line, and not as set forth in § 154-68D(3) and (5) requiring setbacks to be measured from required buffer areas.
C.
Landscaped buffer requirements.
(1)
A landscaped buffer, inclusive of berming, of 50 feet shall
be provided along Marne Highway.
(2)
Between garden apartment parking areas and townhome buildings:
30 feet.
(3)
Between all impervious surfaces on the property and the perimeter
boundary line of the property: 50 feet.
(4)
Utilities and stormwater management basins and structures shall
be permitted within the buffer.
(5)
Existing vegetation and environmentally restricted areas can be utilized as part of the landscaping and supplemented as appropriate. The buffer shall be landscaped as detailed in § 154-68C.
(6)
There shall be a thirty-foot buffer between the top of the bank
around any constructed stormwater basin, pond, lake or watercourse
and the nearest wall of any residential structure.
D.
Open space: 40% of the gross tract area. All open space shall be
set aside as permanent open space to be owned and/or maintained by
the property owners or the management entity of the multifamily residential
buildings. Open space shall specifically include all landscaped areas,
stormwater management structures and environmentally restricted areas
on the property.
E.
Standards for single-family lots.
(1)
Minimum lot size: 9,375 square feet, with a minimum lot size
for corner lots of 11,000 square feet. The minimum lot area may not
include wetlands or wetland buffers.
(2)
Minimum lot width at building setback line: 75 feet.
(3)
Minimum lot frontage: 50 feet.
(4)
Front yard: 30 feet.
(5)
Side yard: A minimum of 10 feet per yard, with an aggregate
side yard requirement of 24 feet.
(6)
Side yard adjacent to a street: 25 feet.
(7)
Rear yard: 35 feet.
(8)
Height: 35 feet, 2.5 stories.
F.
Standards for townhomes. (Lot requirements apply only where lots
are provided.)
(1)
Minimum lot size: 2,000 square feet. The minimum lot area may
not include wetlands or wetland buffers.
(2)
Minimum lot frontage: 20 feet.
(3)
Front yard: 15 feet.
(4)
Minimum distance from back of sidewalk to face of garage: 20
feet.
(5)
Side setback: a minimum distance of 25 feet from the side of
one building to any other building.
(6)
Rear setback: a minimum distance of 50 feet from the rear of
one building to any other building.
(7)
Decks: Raised decks may be provided but may not encroach to
within 2.5 feet of any yard line, nor may two decks be closer than
five feet from one another.
(8)
Height: 45 feet, three stories.
(9)
No more than eight units may be provided in a single building,
or no more than 16 units in an affordable housing building with stacked
flats.
G.
Standards for multifamily residential buildings.
(1)
Minimum distance between multifamily residential buildings:
25 feet.
(2)
Minimum distance between multifamily residential buildings and
accessory buildings: 15 feet.
(3)
Minimum distance between accessory buildings: 15 feet.
(4)
Minimum distance between multifamily residential buildings and
streets: 25 feet.
(5)
Minimum distance between multifamily residential buildings and
parking areas and spaces: 10 feet.
(6)
Height: 50 feet, three stories.
(7)
No more than 36 units may be provided in a single building.
(8)
Building design. The design of the multifamily buildings shall
be residential and not institutional and conform to the following:
(a)
Floor plans shall be provided for each of the buildings. Architectural
design shall be consistent with architect's project elevation provided.
(b)
The buildings shall include breaks in the facades with the use
of different colors or materials to break up the building lengths.
(c)
Rooflines shall be pitched.
(d)
All HVAC and mechanical equipment shall be inconspicuously placed
or adequately screened from view.
H.
Streets and parking.
(1)
Residential parking requirements. The number and dimensions
of all on-site parking stalls shall be governed by the RSIS. Private
garage parking stalls and driveway stalls shall each count as 1.0
space.
(2)
Clubhouse parking requirements. Parking for the clubhouse, if
any, shall be based upon one off-street on-site space per 300 square
feet of building area.
(3)
Street width. The width of all on-site residential streets shall
be governed by the RSIS.
(4)
Curbs and sidewalks. Curbs and sidewalks shall be governed by
the RSIS. Sidewalks shall be provided to reasonably connect the residential
units to parking and recreation areas.
I.
Recreation areas. Recreational areas may be divided between neighborhoods
of the overall community and shall be provided as follows:
(1)
A clubhouse or community building with a minimum size of 2,500
square feet for the apartment residents.
(2)
Swimming pool for the apartment residents.
(3)
Additional recreational activities may be provided, including,
but not limited to, bocce courts, pedestrian paths, bicycle paths,
sitting areas or playground areas.
(4)
All recreational activities shall be subordinated to the residential
character of the development, and no advertising shall be permitted.
(5)
Architectural elevations and floor plans shall be provided for
the clubhouse or community building.
(6)
The completion of the clubhouse or community building shall
be completed in the first phase of the development of the multifamily
buildings.
J.
Landscaping. A landscape plan shall be submitted to the municipal
agency that contains the following standards:
(1)
The plan shall include suitable street trees along all streets
to be constructed on site spaced not less than 40 feet apart. The
plan shall specify the location of planting material, their minimum
sizes, quantity, variety and species.
(2)
Trees shall meet planting requirements as specified in sections
of this chapter related to planting of trees.
(3)
No parking lot shall contain more than 30 spaces in a row without
interruptions by a landscaped divider at least eight feet wide.
(4)
A landscaped island between head-to-head parking stalls is not
required.
(5)
Foundation plantings shall be limited to the side of the single-family
residential buildings facing the main drive aisle. Foundation plantings
shall be on all sides of multifamily and townhouse buildings.
(6)
Yard areas and open spaces between multifamily residential buildings
shall contain the equivalent of at least four shrubs and at least
two shade or ornamental trees of two- to 2.5-inch caliper or greater
for each 1,500 square feet of yard area, not including areas devoted
to parking.
K.
Trash/recycling enclosures. The trash/recycling enclosure area(s)
shall be suitably located, and screened and arranged for access and
ease of collection and shall not be part of, restrict or occupy any
parking aisle.
A.
The Planning Board shall conduct its review of any multifamily residential
development application in the MH-MF Zoning District in accordance
with the fast-tracking requirements of the Council on Affordable Housing
("COAH") rules. In order to expedite the review of a multifamily residential
development application, the Planning Board shall cooperate with the
applicant in scheduling pre-application conferences. The Planning
Board shall schedule regular and special monthly meetings as needed
and provide ample time at these meetings to consider the merits of
the multifamily residential development application.
B.
The applicant for a residential development in the MH-MF Zoning District
shall be entitled to invoke any rights conferred by COAH rules, including
the right to request relief from cost-generating application requirements
and development standards that are not essential to protect the public
health and safety, and the Planning Board shall cooperate with the
applicant for the multifamily residential development in granting
reasonable variances and waivers necessary to construct the inclusionary
multifamily residential development.
C.
Cooperation. The Township and Planning Board shall cooperate with
the applicant by expeditiously endorsing applications to other governmental
agencies that require review and approval of that agency.
