[Added 10-1-2019 by Ord. No. 2019:55]
The purpose of the OVL-3 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-3 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-1 Zone standards.
A.
FRONT LOT LINE
TOWNHOUSE BUILDING
TOWNHOUSE BUILDING GROUP
TRACT
As used in this article, the following terms shall have the meanings
indicated:
The front lot line shall be as determined by the development
plan with appropriate consideration for location on Lanidex Plaza
and integration with any redevelopment plan.
Building containing attached townhouse dwellings.
Individual lot or designated area containing townhouse dwellings.
For purposes of this section, the word or phrase "tract"
or "tract lot line" shall be synonymous with the OVL-3 District itself.
Since development of the tract is intended to be planned as an integrated
whole, the bulk requirements as noted in the OVL-3 district are to
apply to either the tract or internal lot or lot line as identified
herein.
C.
Interpretation. To the extent existing Zoning Ordinance definitions
or provisions conflict with this article, this article shall prevail.
The principal permitted uses in the OVL-3 Overlay Zone shall be identical to those uses permitted in the ROL Research Office and Laboratory Zone as set forth at § 430-178; provided, however, that any developer that elects to develop in accordance with the OVL-3 Overlay Zone standards as set forth herein shall be required to provide multifamily dwellings as noted herein
A.
The following residential unit types are permitted in the OVL-3 Overlay
District, provided that 20% of all units created in the overlay district
must be affordable to low- and moderate income households in accordance
with all applicable regulations of the Council on Affordable Housing
(COAH), the Fair Housing Act (N.J.S.A. 52-27D-301 et seq.) and the
Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.)
as noted herein:
B.
Other principal permitted uses:
(1)
Active and passive recreation and open space areas, such as
parks, plazas, and promenades accessible to the general public, whether
publicly or privately owned.
(2)
Nonresidential uses located on the ground level of multifamily
buildings, permitting any combination of the principal nonresidential
uses listed as follows:
(a)
Civic facilities directly serving the public such as municipal
uses including; offices, community centers, post office, and library;
but excluding facilities such as public works yards, garages, and
treatment plants.
(b)
Retail establishments such as stores, shops, and services, including
academic tutoring and arts instruction.
(c)
Restaurants, cafes, and other eating and drinking establishments.
(d)
Art galleries.
(e)
Multifamily residential entrances and service spaces, including
leasing offices on ground floor for residential units as permitted.
(f)
Banks and financial institutions, without drive-through features.
(g)
Offices, including general, professional and governmental.
(h)
Indoor health and fitness facilities limited to a maximum square
footage of 5,000 square feet.
(i)
Recreation indoor or outdoor facilities publicly or privately
operated.
(j)
Pet retail stores including grooming. Excluding animal kennels
or animal day or night boarding facilities.
(k)
Dry cleaning and laundry establishments (cleaning and laundry
must be conducted off-site).
(l)
Pharmacies without drive-through features.
C.
Accessory uses. The following accessory uses are permitted in the
OVL-3 Overlay District:
(1)
Off-street parking, including surface parking, under-building
parking, and parking garages. Structured parking garages required
to be architecturally screened so that no vehicle can be seen from
a public street except for the vehicular or pedestrian entrance/exits
and located at least 250 feet north of the south tract line.
(2)
Fences and walls.
(3)
Signs.
(4)
Buildings for storage of maintenance equipment.
(5)
Private recreation buildings and facilities, including swimming
pools, workout rooms, common areas and the like, intended for use
by residents of the premises.
(6)
Trash and recycling facilities intended for use by residents
of the premises.
(7)
Other accessory uses normally incidental to the principal permitted
use.
Uses prohibited in the OVL-3 Overlay 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 OVL-3
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.
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.
The developer shall provide a preference for low- and moderate-income
households of which a member of that household is a veteran as permitted
under N.J.S.A. 52:27D-311.
(2)
All said affordable housing units shall be constructed on site
and located in the multifamily residential buildings so that such
buildings contain a mix of affordable and market rate units. Affordable
housing units shall also be constructed to be indistinguishable from
market rate units from the exterior of the building. Each phase of
development shall provide 60 affordable housing units.
(3)
Bedroom mix. Shall comply with the UHAC (N.J.A.C. 5:80-26.1
et seq.) requirements in the OVL-3 Overlay District.
(4)
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.
(5)
Administrative agent. All affordable units shall be administered
by a qualified administrative agent paid for by the developer.
(6)
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 OVL-3 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.
(1)
Minimum tract area: 23.7 acres.
(2)
Minimum lot area: No minimum lot size or dimension shall be
required for any lots that may result from subdivision of the tract.
Should further subdivision of the tract occur, rights shall be provided
to all lots in the tract for access, parking use, open space use and
the like as established herein provided by instruments such as covenants,
reciprocal or cross access agreements or deed restrictions which form
shall be subject to the approval of the applicable Township authority.
(3)
Maximum building tract coverage: 35%.
(4)
Maximum impervious tract coverage: 60%.
(5)
Minimum open space or landscaped areas on tract: 40%. In computing
the open space requirement, common recreation areas accessory to the
residential use, public recreation areas, required buffer areas, environmentally
sensitive lands and stormwater facilities shall be included.
(6)
Minimum buffer width to residential zone or use: 50 feet.
(7)
Maximum tract nonresidential floor area for ground floor of
multifamily buildings: 16,000 square feet.
(8)
Maximum number of residential units: 600 units, consisting of
550 residential rental units and 50 townhouses, which may be adjusted
to provide 75 townhouses with a proportionate reduction of the market
rate rental units.
(a)
Maximum number of units per townhouse building group: eight
units.
(c)
Minimum front building setback from a public or private street:
15 feet from public right-of-way or private roadway street line.
(e)
Maximum building height: three stories and 35 feet.
(f)
Maximum building facade length in townhouse building group:
120 feet.
(g)
No more than two adjacent townhouse units shall be constructed
without providing a staggered front building wall offset of no less
than three feet.
(h)
Each townhouse unit shall have no less than two means of ingress
and egress.
(i)
Each townhouse unit shall have no less than two walls with window
exposures.
(j)
Each townhouse shall have a minimum width of 22 feet.
(k)
Each townhouse may be provided with a patio or deck. The patio
or deck may extend a maximum twelve-foot distance from the rear wall
of the townhouse structure.
(9)
Multifamily and mixed-use multifamily buildings.
(a)
Maximum building height: 65 feet.
(b)
Multifamily buildings shall be setback a minimum of 15 feet
to internal tract public rights-of-way or private streets.
(d)
Minimum multifamily resident amenity space shall be 100 square
feet per unit. Such space shall include no less than 70 square feet
per unit as resident outdoor open space including semiprivate or private
recreational courtyards, rooftop amenities, private terraces or patios.
The remainder can be met with such resident amenity space as clubhouse
facilities, fitness centers or lounge and meeting rooms.
(10)
Commercial space shall not exceed a total of 16,000 square feet.
B.
Parking and loading. Development within the OVL-3 Overlay District shall conform to the off-street parking and loading requirements as specified in Article XXXVII, except that use and minimum space requirements under § 430-276 shall be applied in the OVL-3 Overlay District as follows:
(1)
If the development plan for a phase or construction of phases
meets the statutory criteria, the developer may apply to obtain a
"de minimis" exception or waiver from the RSIS parking requirements
pursuant to N.J.A.C. 5:21-3.1 or 2, if the phase(s) meet the criteria
of either regulation. If the Township agrees to the request, it will
join and support the application to the Site Improvement Advisory
Board.
(2)
Residential uses, not including mixed-use residential buildings:
Conformance with latest standards of the New Jersey Residential Site
Improvement Standards (R.S.I.S.) with the provision that the guest
parking requirement shall be permitted to be shared in accordance
with a specific shared parking requirement as outlined below resulting
in a parking ratio of no less than 1.7 spaces per dwelling unit.
(3)
Mixed-use building residential uses: Conformance with latest
standards of the New Jersey R.S.I.S. with the provision that the guest
parking requirement shall be permitted to be shared in accordance
with a specific shared parking requirement as outlined below resulting
in a parking ratio of no less than 1.7 spaces per dwelling unit.
(4)
Commercial/nonresidential uses: One space per 200 square feet
of gross floor area.
(5)
Restaurants. One space per three seats provided for patron use
or one space for each 75 square feet of retail space excluding kitchens
and utility rooms and bartender serving areas whichever is greater.
There shall be no additional parking required for outdoor dining.
(6)
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.
(7)
All off-street parking and drive aisles shall be located a minimum
of 10 feet from property lines.
(9)
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.
(10)
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.
C.
Shared parking. For mixed-use residential buildings, a shared parking approach to the provision of off-street parking shall be permitted where feasible, as determined by the approving agency. The methodology used by the developer to calculate the number of shared parking spaces permitted shall be in conformance with applicable sections of § 430-275 and those recommended in the Urban Land Institute "Shared Parking Standards for a Mixed-Use Center" latest edition or later or similar nationally recognized standard. The shared parking study should be provided to the Board for approval, outlining minimally the following:
(1)
The recommended parking needs of the mixed-use project.
(2)
The sensitivity of the proposed uses to change. For example,
a center with no restaurant could have significant changes in parking
if a restaurant was added.
(3)
Similar mixes of uses in other areas of the community or of
a similar project operated by the developer.
(4)
Degree of variability of parking for individual uses (average,
range, and standard deviation).
(5)
If shared parking is approved by the Board, future change of tenancy will be subject to the review and approval of the changes to the shared parking approval. Such change in tenancy review shall be undertaken by the Minor Site Plan and Subdivision Committee of the Planning Board as deemed appropriate in accordance with § 225-44.
D.
Parking structures.
(1)
Parking structures shall be screened with principal building
use structures or shall be screened by architectural treatments as
provided on adjacent principal buildings to sufficiently disguise
the structure.
(2)
Architectural treatments shall include such features as; compatible facade materials, building openings or window arrangement and detailing, gratings artistic panels and green wall treatments to disguise or screen the parking or structure. Such features shall not represent a sign as defined in § 430-279.
(3)
Parking structure entrances shall be accentuated by the architectural
detailing and to provide visual identification to safeguard pedestrian
movement and crosswalks where appropriate.
(4)
Provisions for a living wall system, civic art and/or decorative
lighting is permitted to maximize the visual quality from residential
units facing and adjacent public roadways to the parking structure
as well as elevations facing the surrounding community.
(5)
Ramps to such a garage structure shall be internal to the structure
or screened.
E.
Service access and deliveries. Service access for all commercial
and multifamily residential facilities shall be provided via open
air and enclosed entranceways at each building designed to be isolated
from primary pedestrian circulation areas and screened from view to
the extent practical.
G.
Design standards. The design standards of the OVL-3 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.
H.
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.
A.
The development plan may be approved in whole or in phases by the
approving Board, provided each phase is self-sufficient with regards
to parking, access, utilities, buffering, and other site plan items.
Such phasing plan shall be approved by the respective approving Board
during site plan review and approval.
B.
Subject to the developer's obligations of the settlement agreement.
Phases I and II may be included in a redevelopment plan, a general
development plan, or similar type plan for the development of the
property. Alternatively, the developer may subdivide Phases I and
II and implement reciprocal easement agreements. In such event, the
area of Phases I and II shall be included in determination of the
density for the entirety of the property.
