[Added 10-1-2019 by Ord. No. 2019:54]
The purpose of the OVL-2 Overlay 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 OVL-2 Overlay District encourages the development of low- and moderate-income housing by allowing for a mixed use inclusionary multifamily residential; however, developers shall also have the option of developing in accordance with the underlying B-5 Zone standards.
The uses set forth below shall be permitted as a development alternative to the underlying zoned uses allowed by this chapter but shall not replace the underlying zoning district.
Principal uses. The principal permitted uses in the OVL-2 Overlay Zone shall be identical to those uses permitted in the B-5 Zone as set forth at § 430-126; provided, however, that any developer that elects to develop in accordance with the OVL-2 Overlay Zone standards as set forth herein shall be required to provide multifamily dwellings as noted herein.
Nonresidential uses. The ground level of all buildings developed in accordance with the OVL-2 Overlay Zone shall permit any combination of permitted principal nonresidential uses as set forth at § 430-126 below multifamily residential dwellings.
Residential uses. Multifamily residential units such as apartments or condominiums, except that no residential unit shall be permitted on the first-floor level which shall be for commercial or service spaces. Such residential uses shall include provisions for affordable housing as noted herein.
Accessory uses. The following accessory uses are permitted in the OVL-2 Overlay District:
Off-street parking, including surface parking, under-building parking, and parking garages.
Fences and walls.
Buildings for storage of maintenance equipment.
Private recreation buildings and facilities, including swimming pools, workout rooms, common areas and the like, intended for use by residents of the premises.
Trash and recycling facilities intended for use by residents of the premises.
Other accessory uses normally incidental to the principal permitted use.
Uses prohibited in the OVL-2 Overlay District shall include the following:
Any principal use not specifically permitted herein or permitted by other applicable law.
All multifamily residential developments constructed in the OVL-2 Overlay 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.
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:
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.
Bedroom mix. Shall comply with the UHAC (N.J.A.C. 5:80-26.1 et seq.) requirements in the OVL-2 Overlay District.
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.
Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.
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 all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
Area and bulk requirements. The area and bulk requirements for the uses permitted in the OVL-2 Overlay District are set forth below. The area and bulk regulations of the underlying zoning district shall remain in full force and effect for development devoted exclusively to uses permitted in the underlying zoning district.
Off-street parking requirements.
The minimum number of off-street parking spaces shall be as set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21). A shared parking provision of off-street parking shall be permitted for this site where adjacent properties are either commonly owned or otherwise controlled, or upon confirmation of shared parking easement rights. The shared parking methodology used by the applicant to calculate the number of shared parking spaces permitted shall be in conformance with applicable sections of § 430-275 of the Township's regulations and those recommended in the Urban Land Institute "Shared Parking Standards for a Mixed-Use Center" latest edition or similar nationally recognized standard. Notwithstanding any potential inconsistencies with the foregoing, the maximum amount of required parking for residential use proposed to be satisfied by shared parking shall not exceed 0.6 spaces per residential unit.
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.
All off-street parking and drive aisles shall be located a minimum of 10 feet from property lines.
Off-street parking shall not be provided for any use or to any party other than a resident or visitor of the site, unless a shared parking arrangement has been approved by the reviewing board, nor shall parking areas be used for any purpose other than parking.
Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.
Design standards. The design standards of the OVL-2 Overlay Zone shall be consistent with the standards of § 430-350D but only to the extent appropriate for the site and only if not inconsistent with the express standards of this article.
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.