[Added 10-1-2019 by Ord. No. 2019:57]
The purpose of the OVL-5 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-5 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 Highway Commercial 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-5 Overlay Zone shall be identical to those uses permitted in the B-1 Highway Commercial Zone as set forth at § 430-85; provided, however, that any developer that elects to develop in accordance with the OVL-5 Overlay Zone standards with multifamily residential uses as set forth herein, shall be required to provide multifamily dwellings as noted herein.
Other principal permitted uses:
Active and passive recreation and open space areas, such as parks, plazas, and promenades accessible to the general public, whether publicly or privately owned.
Nonresidential uses located on the ground level of multifamily buildings, permitting any combination of the principal nonresidential uses listed as follows:
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.
Retail establishments such as stores, shops, and services, including academic tutoring and arts instruction.
Restaurants, cafes, and other eating and drinking establishments.
Multifamily residential entrances and service spaces, including leasing offices on ground floor for residential units as permitted.
Banks and financial institutions, without drive-through features.
Offices, including general, professional and governmental.
Indoor health and fitness facilities limited to a maximum square footage of 5,000 square feet.
Recreation indoor or outdoor facilities publicly or privately operated.
Pet retail stores including grooming. Excluding animal kennels or animal day or night boarding facilities.
Dry cleaning and laundry establishments (cleaning and laundry must be conducted off-site).
Pharmacies without drive-through features.
Accessory uses. The following accessory uses are permitted in the OVL-5 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-5 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-5 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. The UHAC (N.J.A.C. 5:80-26.1 et seq.) requirements shall apply in the OVL-5 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 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-5 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.
Parking and loading. Development within the OVL-5 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-5 Overlay District as follows:
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. 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. 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. 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.
Commercial/nonresidential uses: One space per 200 square feet of gross floor area.
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.
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:
The recommended parking needs of the mixed-use project.
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.
Similar mixes of uses in other areas of the community or of a similar project operated by the developer.
Degree of variability of parking for individual uses (average, range, and standard deviation).
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.
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.
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.
Parking structure entrances shall be accentuated by the architectural detailing and to provide visual identification to safeguard pedestrian movement and crosswalks where appropriate.
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.
Ramps to such a garage structure shall be internal to the structure or screened.
Design standards. The design standards of the OVL-5 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.