Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[Added 10-1-2019 by Ord. No. 2019:52]
The purpose of the AHD-7 Affordable Housing District is to create a realistic opportunity for the construction of low- and moderate-income housing in a suitable portion of the Township of Parsippany-Troy Hills, and thereby help to address the fair share housing obligation of the Township of Parsippany-Troy Hills under the New Jersey Fair Housing Act (FHA), applicable Council on Affordable Housing (COAH) regulations, the settlement agreement entered into between the Township and Fair Share Housing Center (FSHC) on April 11, 2019, and the Township's Housing Element and Fair Share Plan. The AHD-7 Affordable Housing District encourages the development of low- and moderate-income housing by allowing for an inclusionary multifamily residential development.
The uses set forth below shall be permitted as a development.
A. 
Principal uses. The following principal uses are permitted in the AHD-7 Affordable Housing District:
(1) 
Multifamily residential dwellings.
B. 
Accessory uses. The following accessory uses are permitted in the AHD-7 Affordable Housing District:
(1) 
Off-street loading and parking, including surface parking, under-building parking, and parking garages.
(2) 
Fences and walls.
(3) 
Signs.
(4) 
Open space and outdoor amenity space.
(5) 
Buildings for storage of maintenance equipment.
(6) 
Private amenity and recreation buildings and facilities including swimming pools, workout rooms, lobby, leasing office, clubroom, coworking space, common areas and the like, intended for use by residents of the premises and their guests.
(7) 
Trash and recycling facilities intended for use by residents of the premises.
(8) 
Other accessory uses normally incidental to the principal permitted use.
Uses prohibited in the AHD-7 Affordable Housing District shall include the following:
A. 
Any principal use not specifically permitted herein or permitted by other applicable law.
A. 
All multifamily residential developments constructed in the AHD-7 Affordable Housing District shall be required to set aside a minimum percentage of units for affordable housing. The minimum set-aside shall be 20%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
B. 
All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Article LX of the Township Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Township's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order. This includes, but is not limited to, the following requirements for all affordable units:
(1) 
Low/moderate income split. A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
(2) 
Bedroom mix. The UHAC (N.J.A.C. 5:80-26.1 et seq.) requirements shall apply in the AHD-7 Affordable Housing District.
(3) 
Deed restriction period. All affordable units shall be deed restricted for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the deed restriction period). The affordability controls shall expire only after they are properly released by the Township and/or the Township's administrative agent at the Township's sole option in accordance with N.J.A.C. 5:80-26.11 for rental units or N.J.A.C. 5:80-26.5 for for-sale units.
(4) 
Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.
(5) 
Other affordable housing unit requirements. Developers shall also comply with all of the other requirements of the Township's Affordable Housing Ordinance, including, but not limited to, affirmative marketing requirements, candidate qualification and screening requirements, integrating the affordable units amongst the market rate units, and unit phasing requirements. Developers shall ensure that the affordable units are dispersed between the buildings on its site and shall identify the exact location of each affordable unit at the time of site plan application.
A. 
Area and bulk requirements. The area and bulk requirements for the uses permitted in the AHD-7 Affordable Housing District are set forth below.
Criteria
AHD-7 Requirements Block 136, Lot 44 & 76
Maximum number of dwelling units
325
Minimum tract lot area (acres)
25
Minimum front yard setback (feet)
100
Minimum side yard setback each (feet)
50
Minimum rear yard setback (feet)
50
Maximum percent lot coverage by buildings (%)
30
Maximum percent lot coverage by all buildings and pavement (%)
70
Maximum building story/height (feet)
5/60
Minimum buffer:
Front yard (feet)
50
Side yard (feet)
25
Rear yard (feet)
25
Maximum length of building without 2-foot jog in the front facade (feet)
75
Minimum setback: building to building (feet)
80
B. 
Off-street parking and loading requirements.
(1) 
Off-street parking spaces and loading areas shall be as set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21).
(2) 
All off-street parking and drive aisles shall be located a minimum of 10 feet from buildings, except for parking and drive aisles which extend continuously into or under a building from outside the building.
(3) 
All off-street parking and drive aisles shall be located a minimum of 10 feet from property lines.
(4) 
Under-building parking and parking garages shall be permitted.
(5) 
All parking areas shall be designed in accordance with the applicable provisions of Article XXXVI of this chapter; however, in the event of a conflict between Article XXXVI and this article, this article shall govern.
(6) 
Off-street parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.
(7) 
Signage shall be provided where parking spaces are to be reserved for residents.
C. 
Signage. The following sign types are permitted for the AHD-7 Affordable Housing District:
(1) 
Monument signs, subject to the below standards:
(a) 
Maximum number: one per driveway entrance, but no more than three signs total.
(b) 
Maximum sign face area: 40 square feet on each side, not including the area of supporting structures.
(c) 
Maximum height from grade: eight feet.
(d) 
Minimum setback from property lines: 10 feet.
(e) 
Such sign shall not be internally illuminated but may be illuminated by shielded LED halo lighting or shielded landscape lighting, either directly or indirectly.
(2) 
Building-mounted signs, either wall-mounted or canopy-mounted, subject to the below standards:
(a) 
Maximum number: two signs total, one sign per building.
(b) 
Maximum sign face area: 1.5 square feet in area for each one foot of linear width of the building wall on which the sign is to be located, provided that no sign may exceed 40 square feet.
(c) 
Maximum projection from surface of building: 18 inches, provided that where a sign extends more than three inches from the face of the wall, the bottom edge of the sign shall not be less than 10 feet from the ground or have a vertical dimension in excess of five feet.
(d) 
Maximum height from grade: 25 feet.
(e) 
Such sign shall not be internally illuminated but may be illuminated by shielded LED halo lighting or shielded landscape lighting, either directly or indirectly.
(f) 
Wayfinding signs for entrance, parking, emergency access, etc., which shall not count as monument signs or building mounted signs, subject to the below standards.
(g) 
Maximum sign face area: 12 square feet on each side, not including the area of supporting structures.
(h) 
Such sign shall not be internally illuminated, but may be illuminated by shielded LED halo lighting or shielded landscape lighting, either directly or indirectly.
D. 
Design standards. The design standards of § 430-350D are applied to the AHD-7 Affordable Housing District but only to the extent appropriate for the site and only if not inconsistent with the express standards of this article.
E. 
Accessory buildings and structures. All accessory buildings and structures shall be subject to the standards set forth at § 430-13. Architectural design and materials used in the construction of accessory buildings and structures shall conform to those used in the construction of principal buildings.
F. 
Building height exceptions. Notwithstanding Code § 430-19, height limits in this zone shall not apply to transmission or aerial towers, masts, flagpoles or chimneys, provided that the horizontal area of such parts does not exceed 5% of the roof area wherein the proposed exception is located, nor shall the limits apply to parapet walls not over four feet high, and further provided that height limits shall not apply to roof-mounted heating, air conditioning or other mechanical equipment, or to elevator or stair bulkheads (including shafts; and vestibules not larger than 100 square feet in area providing access to a roof), or other rooftop appurtenances. Such equipment shall not exceed 12 feet in height above the roof surface, and when visible when standing at ground level, shall be screened by a wall, cover or by other means that shall be in keeping with the architectural motif of the building.
G. 
Critical slope areas. Permitted levels of disturbance and development in critical slope areas as defined in § 430-345A shall be modified as follows:
Slope Category (percent)
Maximum Area of Disturbance/Development
15% to 19.99%
60% based on current topography
20% to 24.99%
55% based on current topography
25% or greater
45% based on current topography
H. 
Fences and walls.
(1) 
Notwithstanding Code § 430-11 or 225-61, necessary retaining walls required for site grading shall be permitted in side yards. Retaining walls in side yards shall be a maximum of 11 feet in height with a maximum average height of eight feet, provided that.
(a) 
No section of wall greater than six feet in height shall extend for more than 250 feet in length; and
(b) 
Landscape planting consisting of evergreen and deciduous trees and shrubs shall be required at the top and bottom of the wall to reduce the appearance of height and mass.