[Added 7-9-1991 by Ord. No. 91:46]
[Amended 9-10-1996 by Ord. No. 96:26[1]]
A.
The purpose of the Affordable Housing Zone Districts
is to establish suitable locations within the Township for the development
of housing which is affordable to low- and moderate-income households
as part of an inclusionary development in accordance with the policies
promulgated in the Amended Housing Element and Fair Share Housing
Plan and Mediation Agreement which is a part thereof, which has received
substantive certification by the New Jersey Council on Affordable
Housing.
B.
The purpose of this Zoning Ordinance amendment is
to establish alternate zoning in the AHD No. 1 and AHD No. 2 Districts
to provide additional development options in accordance with a Mediation
Agreement between the Township of Parsippany-Troy Hills and Lake Lenore
Estates, dated June 28, 1996 (the "agreement"), by the terms of which
the affected properties shall generate the development set forth in.
C.
Notwithstanding Lake Lenore's engaging in COAH mediation
and the execution of the Mediation Agreement, the Township expressly
ratifies, confirms and acknowledges that the 1990 Agreements and Substantive
Certification are valid, binding and enforceable on the Township.
Notwithstanding anything to the contrary herein contained, and such
action as Lake Lenore may undertake pursuant to this agreement, Lake
Lenore has and continues to reserve its rights under the 1990 Agreements
and the 1991/1992 Substantive Certification.
[1]
Editor's Note: This ordinance also provided
that "The Mediation Agreement entered into between the Township and
Lake Lenore dated June 28, 1996, shall be incorporated herein by reference
and shall be incorporated in any plan approval granted pursuant to
this Ordinance. In the event of any inconsistency or conflict between
this Ordinance and the Mediation Agreement, the Mediation Agreement
shall prevail ... Notwithstanding the foregoing and this Ordinance,
all present zoning Ordinance provisions pertaining to the AHD No.
2 District shall remain and be unaffected by this Ordinance and this
Ordinance and the matters set forth herein shall in no way affect
the present zoning of the property and the preliminary site plan approval
granted by the Planning Board for the development known as Glenmount
Commons. It being the intent of this Ordinance to provide an alternate
zoning option for development of the property."
No building, structure or premises shall be
used and no building or structure shall be erected or structurally
altered, except for the following use:
A.
In the AHD No. 1 District, multifamily residential
housing for senior citizen persons which shall be age restricted.
Thirty-five or more units as required by COAH, but not to exceed 70
units of the permitted senior citizen dwellings, shall be moderate-income
restricted occupancy rentals, and the balance shall be market rentals
or condominiums. The age and income restrictions are established by
the New Jersey Council on Affordable Housing and more specifically
shall not be occupied by persons who are younger than 55 years of
age.
[Amended 9-10-1996 by Ord. No. 96:26]
B.
In the AHD No. 2 District, multifamily residential
housing of the type commonly referred to as "garden apartment."
C.
In the AHD No. 2 District.
[Added 9-10-1996 by Ord. No. 96:26]
(1)
Permitted principal uses, single-family detached homes
and townhouses as defined in this chapter. For purposes of this section,
a "townhouse" shall be as defined as an attached single-family structure
wherein no family shall occupy air space one above the other as defined
in N.J.S.A. 46:8-1 et seq. and having private garage or private driveway
or both.
(2)
Permitted accessory uses. Permitted accessory uses
shall include off-street parking, open space and recreational facilities
serving the residents of the residential development, signage, fences
and related elements which are commonly ancillary to the principal
permitted uses, including but not limited to private garages, decks,
patios, private swimming pools, private tennis courts and shelters
for domestic pets.
Any use other than those listed in § 430-247 is prohibited.
Permitted accessory uses shall be uses customary
and incidental to the principal use.
The AHD No. 1 and AHD No. 2 Districts shall
be differentiated one from the other as follows:
A.
AHD No. 1 District. Residential housing for senior
citizens in the AHD No. 1 District shall comply with the following
minimum standards:
[Amended 9-10-1996 by Ord. No. 96:26]
(1)
The maximum number of senior citizen dwelling units
shall not exceed 130 of which 35 units shall be moderate-income or
more as required by COAH, but not to exceed 70 units restricted in
accordance with § 430-252C.
(2)
The minimum setback distance of any residential structure
shall be 50 feet from a public street.
(3)
The minimum setback distance of any residential structure
from a side lot line shall be 20 feet and from a rear lot line shall
be 30 feet.
(4)
The maximum building height shall be 45 feet and four
stories.
(5)
Minimum off street parking requirement.
[Amended 6-18-2002 by Ord. No. 2002:17]
(a)
Two spaces shall be required for every unit.
(b)
If an applicant demonstrates to the Planning
or Zoning Board that because of the nature or operation of the use,
the parking requirement of two spaces for every unit is unnecessary
or excessive, the Board may approve a parking ratio as low as 1.5
spaces for every unit. In such a case, the remaining area that would
have been devoted to parking shall be set aside as a prepared landscaped
area that shall be transformed into additional off-street parking
at the direction of the Zoning Officer at such time as the Zoning
Officer determines that additional off-street parking is necessary.
(c)
In order for the Planning or Zoning Board to approve a reduced parking ratio as set forth in Subsection A(5)(b), the applicant must present the following documentation:
[1]
Traffic engineering studies of parking demand
for the proposed land use;
[2]
Experiences of similar land use activities in
the immediate area or in similar suburban communities and/or information
concerning the use characteristics of the proposed tenants and any
other related information that the approving authority may find pertinent;
(d)
In the event of a change in use of a property
for which the Planning or Zoning Board had approved a reduced parking
ratio as set forth in Subsection A(5)b), no certificate of occupancy
shall be issued for the property unless the appropriate Board has
approved the request for a change of use and has determined that sufficient
parking and loading spaces exist to serve the proposed use.
(6)
At least 50% of the dwelling units shall have one
bedroom per unit, and the remainder may be efficiency units.
(7)
The project shall be served by complete underground
utilities.
(8)
One sign for each street frontage not exceeding six
square feet in area shall be permitted.
(9)
Such project shall adhere to the following minimum
criteria:
(a)
Facilities for social and recreational activities
of the occupants; such facilities either shall be provided by including
them in the project or by selecting a project site from which project
residents can have convenient access to such facilities outside the
project.
(b)
Seventy-five percent of the units shall contain
not fewer than 550 square feet, and no unit shall contain fewer than
450 square feet.
(c)
Space for commercial facilities to meet the
personal needs of occupants may be included in the project only where
such facilities are not otherwise readily available to the residents.
Such facilities shall be subordinate to the residential character
of the project and designed for use only by project residents. The
facilities should be located out of public view, with no outside advertising
permitted.
B.
Multifamily dwelling and apartment houses of the type
commonly referred to as "garden apartment" in the AHD No. 2 District
shall comply with the following minimum standards:
(1)
The maximum number of dwelling units shall not exceed
780 units.
(2)
The minimum setback distance of any residential structure
shall be 50 feet from any street.
(3)
The minimum setback distance of any residential structure
from a side lot line shall be 35 feet and from a rear lot line shall
be 25 feet.
(4)
The maximum building height shall be three habitable
stories.
(5)
Minimum off-street parking requirements. Two spaces
shall be required per unit.
(6)
Off-street parking requirements shall be as follows:
(a)
No parking shall be permitted on any road or
accessway within the garden apartment development. All parking shall
be confined to the areas specifically designated on the site plan
for that purpose.
(b)
All off-street parking spaces, except handicapped
parking spaces, shall be not less than nine feet wide nor less than
18 feet deep. Handicapped parking spaces shall not be less than 12
feet wide and shall be identified by signage and pavement markings
in accordance with the specifications of the New Jersey Barrier-Free
Code.
(c)
Parking areas shall be paved and curbed and provided with an adequate system of stormwater drainage in accordance with the specifications of Chapter 225, Land Use, Subdivisions and Site Plans.
(d)
Off-street parking may be located in the rear
and side yards; provided, however, that no parking space shall be
located nearer than 20 feet to any side or rear lot line, nor nearer
than 10 feet to any building.
(7)
Buildings. No principal building shall:
(a)
Be designed for or occupied by more than 36
families.
(b)
Exceed 190 feet in length in its longest dimension.
(c)
Provide less than two exterior exposures, each
of which shall be properly pierced so as to provide through-ventilation
or cross-ventilation for each unit.
(d)
Allow or contain outside television antennas.
All television antenna equipment shall be built into the building
to eliminate individual antennas being erected upon the roof. This
subsection shall not apply to a common antenna tower.
(e)
Allow any air-conditioning unit to project more
than six inches from the face of the wall of the building in which
it is installed.
(f)
Provide, in the basement area, less than 700
cubic feet of storage for each garden apartment unit in the building.
(g)
Fail to provide, in an enclosed basement area,
laundry facilities for the exclusive use of the occupants of the building.
No outside clothesline or clothes-hanging facilities or devices shall
be provided or allowed.
(8)
Accessory uses. Accessory uses usually incidental
to the above uses shall be permitted, as specified below:
C.
AHD No. 2 District. Single-family detached homes and
townhouses in the AHD No. 2 District shall comply with the following
standards:
[Added 9-10-1996 by Ord. No. 96:26]
(1)
Tract requirements.
(a)
Tract location: Block 13, Lot 1.01, and Block
14, Lots 12, 17 and 19 (these properties constitute the entire AHD
No. 2 Zone).
(c)
Minimum side and rear building setback: 20 feet.
(d)
Maximum gross density of tract: 3.75 dwelling
units per acre.
(e)
The tract shall be permitted to be subdivided
to permit the development of the property for 93 single-family detached
homes and a minimum of 263 townhouses.
(2)
Standards for townhouse development.
(a)
Minimum front building setback from public or
private street: 20 feet from public right-of-way or private roadway
easement boundary.
(c)
Maximum building height: 35 feet
(d)
Maximum building length: 200 feet
(e)
No structure shall contain more than eight dwelling
units.
(f)
No more than two adjacent townhouse units shall
be constructed without providing a staggered front building wall offset
of no less than three feet.
(g)
Each townhouse shall have no less than two means
of ingress and egress.
(h)
Each townhouse shall have no less than two walls
with window exposures.
(i)
Each townhouse shall have a minimum width of
22 feet.
(j)
Each townhouse unit 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 and within the required yard areas as set forth in § 430-250C(1).
(k)
Accessory building and uses. Accessory buildings
and uses shall comply with the following:
[1]
Any proposed clubhouse, pool, tennis court and
similar use shall be set back a minimum of 15 feet from a parking
area, 25 feet from a roadway and 50 feet from a residential structure,
and such structure shall not exceed a height of 30 feet.
[2]
Any proposed gatehouse shall be set back a minimum
of 50 feet from Old Dover Road.
D.
Supplemental regulations.
[Added 9-10-1996 by Ord. No. 96:26]
(1)
General regulations.
(a)
The standards for the establishment of any open
space organization, and the maintenance thereof, shall be as set forth
in N.J.S.A. 40:55D-1 et seq. and applicable statutes.
(b)
Streets serving the development shall maintain
the following paved widths: Public streets shall have a right-of-way
width of 50 feet and a paved width of 30 feet. All private streets
serving two-way vehicular flow shall have a paved width of 26 feet,
and those serving one-way vehicular flow shall be 12 feet in width.
All streets shall be public streets having a fifty-foot right-of-way
unless otherwise designated by the developer as private streets. On-street
parking shall be permitted on one side of all local public streets.
(d)
All utilities shall be underground. Refuse and
recyclable collection shall be curbside pickup by Parsippany-Troy
Hills Township.
(e)
Signage. A main entrance sign shall not exceed
32 square feet in size, and a secondary entrance sign shall not exceed
20 square feet in size. Where there are multiple entrances, the applicant
shall be required to select one entrance as the main entrance for
the purposes of this section. No signage shall exceed a height of
eight feet or a width of eight feet, and all signage shall be located
minimally 10 feet from the boundary lines.
[Amended 9-10-1996 by Ord. No. 96:26]
Construction of single-family detached homes,
townhouses and senior citizen units shall be placed in such a manner
as the owner may determine, except that certificates of occupancy
shall be issued in accordance with the following schedule:
|
Minimum Number of Senior Citizen Moderate-Income
Units
|
Maximum Number of Nonmoderate Units
| ||
|---|---|---|---|
|
Percent
|
Number
|
Percent
|
Number
|
|
0
|
0
|
25
|
112
|
|
10
|
4
|
25, plus 1 unit
|
113
|
|
50
|
18
|
50
|
226
|
|
75
|
26
|
75
|
338
|
|
100
|
35
|
100
|
451
|
