[Added 7-9-1991 by Ord. No. 91:44]
Editor's Note: Section 3 of this ordinance provided that all applications for development shall be processed under the fast-track process. Section 4 of this ordinance provided that, with respect to the PRD-2 Zone created by said ordinance, the developer's contribution agreement contains specific provisions to be followed. Said developer's contribution agreement is on file with the Township Clerk.
The preamble of this article is incorporated herein and the purpose in creating the PRD-2 Planned Residential Development 2 Zone is to encourage the development of large tracts of land for residential land use and to promote contributions to regional contribution agreements to provide for the construction of housing for low- and moderate-income persons.
Editor's Note: The preamble of this ordinance reads as follows:
"WHEREAS, the Township of Parsippany-Troy Hills was initially joined as a party defendant by the Office of the Public Advocate in an action referred to as Morris County Fair Housing council et al. v. Boonton Township et al., 197 N.J. Super 305 (1984), a Mount Laurel housing action in October of 1978; and"
"WHEREAS, after many delays, etc., the issue of the Township's fair share was transferred from Judge Skillman's Court to the Council on Affordable Housing (COAH) instituted pursuant to the Fair Housing Act, P.L 1985, c. 222, N.J.S.A. 52:27D3d to 52:27D-329 (FHA); and"
"WHEREAS, COAH, pursuant to its statutory authority, ordered to the Township to participate in mediation by way of COAH's resolution of January 9, 1989, together with a number of property owners, including Crow-Foody Central, owner of a tract of land of about 200 acres commonly referred to as the Mazdabrook tract, as an owner who in 1984 was represented by the Township to be a participant in a settlement of the then pending Mount Laurel case; and"
"WHEREAS, as a result of the mediation process conducted and monitored by COAH, the Township entered into an agreement commonly referred to as a developer's contribution agreement, dated March 30, 1990, with Crow-Foody Central, as well as with other landowners, for the purpose of complying with the Township's fair share of affordable housing, as determined by COAH; and"
"WHEREAS, COAH, on March 6, 1991, after a long and tedious review of the Township's revised housing element and fair share plan, granted the Township conditional substantive certification; and"
"WHEREAS, the Township's fair share plan includes a regional contribution agreement (RCA) with the City of Newark for 294 units at a cost to the Township of approximately $5,000,000, which, in part, the Township hopes to recoup by way of the developer's contribution agreement between the Township and Crow-Foody Central, which under optimal developmental circumstances could yield the Township $4,000,000 to defray the costs of the RCA; and"
"WHEREAS, the Supreme Court of New Jersey in the case of Holmdel Builders Association v. Township of Holmdel, 121 N.J. 550 (1990) acknowledged the propriety of COAH-authorized developer contributions to municipalities pursuant to N.J.S.A. 52:27D-311a and N.J.A.C. 5:92-8.4; and"
"WHEREAS. the Planning Board of the Township of Parsippany-Troy Hills, as required by law and as part of its COAH settlement, adopted on April 3, 1991, an amended housing element and fair share housing plan and amended land use element for Parsippany-Troy Hills;"
"NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Parsippany-Troy Hills, in the County of Morris, State of New Jersey, as follows:"
Subject to development regulations as set forth hereinafter, the following uses shall be permitted:
Single-family detached houses, subject to the terms and conditions of the R-3 Zone as regulated in Article X of this chapter.
Townhouse development, provided that, in addition to all other requirements, the special conditions of § 430-225, entitled "Lower-income housing provisions," have been met. A "townhouse development," for purposes of this subsection, shall mean a townhouse residential cluster in which individual dwellings have a common or public open space as an appurtenance.
[Added 3-14-2000 by Ord. No. 2000:7]
The following uses shall be prohibited:
The retail sales of goods or merchandise.
Accessory uses usually incidental to the above uses shall be permitted, including but not limited to those specified below:
Noncommercial swimming pools for the exclusive use of the site's residents only.
Noncommercial recreational uses, including a clubhouse with food and beverage service facilities, tennis courts and health club facilities for the exclusive use of site residents and their guests.
Security structures, such as a guardhouse.
Unless it is part of a townhouse development, single-family detached housing shall comply with the minimum development requirements for the R-3 Zone.
Townhouse developments shall comply with the following minimum standards:
The total number of dwelling units in the zone shall not exceed 460. The average gross density of the townhouse developments in the zone shall not exceed four dwelling units per acre.
Each lot on which a townhouse development is constructed shall have frontage on a street classified as other than a local access street as shown on the adopted Transportation Plan of the Township of Parsippany-Troy Hills, dated May 26, 1976.
The minimum tract size shall be 35 acres.
The minimum setback distance of any residential structure shall be 50 feet from existing federal and state roads and any road classified as other than a local street as designated upon the Transportation Plan of Parsippany-Troy Hills Township.
The minimum setback from all other public streets shall be 30 feet.
Buffer requirement. There shall be established along any boundary of the tract which coincides with a public road a minimum buffer width of 50 feet. The buffer area shall contain no building or other impervious coverage but may contain a decorative wall or fence. Further, site grading and other earthwork shall be prohibited within the buffer area, except for the construction of walls, fences, earth berms or other similar features to enhance the integrity of the buffer.
The minimum width of any townhouse shall be 20 feet.
The minimum floor area per unit shall be 800 square feet, exclusive of garage areas.
The maximum floor area per unit shall be 2,650 square feet, exclusive of garage areas.
The maximum average aggregate per unit of floor area of all dwelling units shall be 1,850 square feet, exclusive of garage areas.
The maximum building height shall be 35 feet.
The minimum number of units per structure shall be one.
The maximum number of units per townhouse structure shall be six.
The minimum distance between structures shall be 30 feet.
The minimum setback from an adjoining property shall be 30 feet.
Minimum off-street parking requirements shall be 1.75 spaces, including required garage space, shall be required per unit. No off-street parking lots for townhouse dwelling units shall contain more than 50 spaces.
Floor plans for each typical development shall be required.
Typical building elevations shall be required.
Streets, utilities and other public facilities. The authority granted to the Planning Board and the Township of Parsippany-Troy Hills to establish standards for the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, streetlights, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be vested in the Planning Board for the purpose of this section. The Planning Board is hereby authorized to make such modifications of standards and requirements otherwise required of subdivisions as set forth in Chapter 225, Land Use, Subdivisions and Site Plans as long as such modifications are consistent with the terms of this section, except that the following minimum standards shall apply:
The right-of-way and pavement widths for internal ways and roads serving developments shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full development proposed and the traffic to be generated thereby; and shall be adequate to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police vehicles; and shall be certified thereto by a competent expert or experts licensed under the law of the State of New Jersey. In such instance, other provisions of this section shall not apply but may serve as general guides to the Planning Board in approving the development plans.
Sidewalks shall be at least three feet in width.
Serviceways for public service and emergency vehicles shall be no less than 15 feet in width.
All electric, gas and telephone utility lines shall be installed underground. Prior to the issuance of a building permit, written certification from each serving utility shall be required, which shall evidence full compliance with the provisions of this requirement.
In addition to all other standards, conditions or requirements set forth in this section, all site and building plans shall be reviewed by the Planning Board in regard to safety and convenience of traffic access and parking, disposition and usability of open space, compatibility of building types, building construction, floor plans and other factors relating to site design. Said site review will also include site design as it fits in with the general development of the entire development plan area.
Common or shared driveways shall be permitted.
For purposes of this section, "regional contribution agreement" shall mean an agreement, pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., between the Township of Parsippany-Troy Hills and a receiving municipality in which the Township has agreed to make certain payments to such receiving municipality for the purpose of the production or rehabilitation of low- or moderate-income housing.
At the time of approval of a townhouse development, an applicant shall, in order to obtain the density increases for townhouse development provided by this chapter, assume and agree to be bound by that portion of the developer's contribution agreement applicable to the applicant's townhouse development and this chapter. Such agreement shall be incorporated by reference in any site plan approval granted pursuant to this chapter and shall not be modified without the consent of the applicant, the Township and the Council on Affordable Housing of the State of New Jersey.