Parsippany Troy Hills
City Zoning Code
City Zoning Code
ARTICLE XXXVI
Mixed Land Use Option Development
§ 430-262 Statement of objectives.
A.
The Township of Parsippany-Troy Hills desires to promote concepts of modern design, construction, technology and planning methods as will advance and promote the sound growth, land reclamation and general welfare of the Township; strengthen and sustain its economic potentials; provide safe, efficient economic municipal services; and establish appropriate patterns for the distribution of population, commerce and industry in a variety of accommodations, coordinated with the protection and enhancement of natural beauty and resources and in harmony with their surroundings, both within and without the Township; and to provide a variety of public service activities, school sites, parks, playgrounds, recreational areas, parking and open space in orderly relationship to each other and in furtherance of the development of the Township as a whole.
B.
In order to effectuate the foregoing and to locate such development and by a single entity upon the most suitable land and in order to ensure that sound planning goals are met for the potential use of the land and to prevent piecemeal and disorderly development of large tracts; to protect existing uses; and to ensure provisions for light and air; the prevention of overcrowding of land or buildings; the creation of an adequate road network; to secure the health, morals and general welfare; and for the better securing of adequate municipal utility and other necessary functions, the following criteria and procedures are established.
§ 430-263 Applicable districts.
[Amended 2-13-1979 by Ord. No. 78:32; 5-14-2019 by Ord. No. 2019:21]
The mixed land use option shall be permitted only in the R-1M District.
§ 430-264 Application procedure.
Any application for a mixed land use development shall be made under and in accord with all the regulations and procedures as set forth for a major subdivision and major site plan as set forth in Chapter 225, Land Use, Subdivisions and Site Plans.
§ 430-265 Permitted uses.
The mixed land use option implements the concepts and principles as expressed in the adopted Master Plan of Parsippany-Troy Hills Township dated May 26, 1976. There shall be three mixed land use development options differentiated one from the other by use and development intensity. The uses permitted by the mixed land use option and zoning districts are as follows:[1]
[1]
Editor's Note: The schedule setting forth the permitted uses (Mixed Land Use Option Development — Permitted Uses) in included at the end of this chapter.
§ 430-266 Accessory uses.
Permitted accessory uses shall be uses customary and incidental to the principal use.
§ 430-267 Development regulations.
Mixed land use development applications shall comply with the standards set forth hereinafter, with specific regard to allocation of the uses and intensity of land development.[1]
[1]
Editor's Note: The schedule setting forth the standards (Mixed Land Use Option Development - Standards) is included at the end of this chapter.
§ 430-268 Standards for residential development.
A.
Single-family detached housing development. Single-family detached development, where permitted by § 430-265, shall comply with the minimum development requirements for the R-3 Zone except as specified above and further provided that, notwithstanding preceding standards, wherever single-family lots are proposed adjacent to existing developed single-family residential lots or lands zoned for single-family development, the minimum lot size in the R-1M Zone shall be no less than 40,000 square feet.
[Amended 7-24-1979 by Ord. No. 79:19; 5-14-2019 by Ord. No. 2019:21]
B.
Townhouse development. A "townhouse development," for purposes of this section, shall mean a townhouse residential cluster developed as a single entity in which individual lots have a common or public open space as an appurtenance, and further, such townhouse development shall comply with the following minimum standards:
(1)
The maximum density for a townhouse residential cluster shall be six units per acre.
(2)
Minimum setback distance of any townhouse structure shall be 150 feet from existing federal, state and county roads; any road other than a local street as designated upon the Master Plan of Parsippany-Troy Hills Township; and any adjoining single-family residential zone.
(3)
Minimum setback from all other public streets: 30 feet.
[Amended 7-24-1979 by Ord. No. 79:19]
(4)
Minimum width of any townhouse: 20 feet.
(5)
Minimum floor area per unit: 800 square feet.
(6)
Maximum floor area per unit: 2,650 square feet.
[Amended 7-24-1979 by Ord. No. 79:19]
(7)
Maximum average aggregate per unit of floor area of all townhouses: 1,850 square feet.
[Amended 7-24-1979 by Ord. No. 79:19]
(8)
Maximum building height: 35 feet.
[Amended 11-26-2002 by Ord. No. 2002:43]
(9)
Minimum average number of units per structure: five.
[Amended 11-26-2002 by Ord. No. 2002:43]
(10)
Maximum number of units per structure: seven.
[Amended 11-26-2002 by Ord. No. 2002:43]
(11)
Minimum distance between structures: 60 feet.
(12)
Maximum number of units per residential cluster: 120.
(13)
Minimum off-street parking requirements: 1.75 spaces, including required garage space, shall be required per unit. No off-street parking lots shall contain more than 50 spaces.
(14)
Maximum percent townhouse building coverage per residential cluster: 15%.
(15)
Floor plans for each typical development shall be required.
(16)
Building elevation plans shall be required.
C.
Single-family detached housing development in the R-1M(r) Zone.
[Added 11-23-1982 by Ord. No. 69:82]
(1)
Single-family detached housing development shall comply with the minimum development requirements for the R-3 Zone, provided that a sufficient number of lots are increased in area so that the average lot size will not be less than 20,000 square feet, and further provided that wherever single-family lots are proposed adjacent to existing developed single-family residential lots or lands zoned for single-family development, the minimum lot size shall be no less than the minimum lot size requirements of the adjoining zone.
(2)
In no event shall the density of development within the single-family land allocation of the development exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 20,000 square feet per lot with a width of not less than 120 feet.
(3)
The subdivider shall submit a plat map showing the development according to the twenty-thousand-square-foot/one-hundred-twenty-foot standards and another plat map showing the development as modified in accordance with this subsection.
D.
Enhanced active adult townhouse development. An enhanced townhouse development shall comply with the following standards:
[Added 11-26-2002 by Ord. No. 2002:43]
(1)
The minimum building setback shall be 100 feet from existing federal, state and county roads and any road other than a local street as designated upon the Master Plan of Parsippany-Troy Hills.
(2)
Minimum building setback from all other local public streets: 80 feet for each individual building.
(3)
Maximum setback from internal roadway to building: 20 feet.
(4)
Minimum setback from adjacent single-family residential development or undeveloped land in a single-family residential district: 70 feet.
(5)
Minimum setback from adjacent townhouse or multifamily residential development: 50 feet.
(6)
Minimum setback from adjacent nonresidential development: 100 feet.
(7)
Minimum width of any townhouse: 20 feet.
(8)
Minimum floor area per unit: 800 square feet.
(9)
Maximum building height: 35 feet.
(10)
Minimum average number of units per structure: five.
(11)
Maximum number of units per structure: seven.
(13)
Minimum distance between building and off-street parking: 15 feet.
(14)
Maximum impervious coverage: 30% of the gross acreage of the tract.
(15)
Amount of parking. A minimum of 2.3 parking spaces per two-bedroom townhouse unit and 2.4 parking spaces per three-bedroom townhouse unit. Garage and driveway combinations shall be counted as parking spaces as per the Residential Site Improvement Standards.
(16)
Distinctive design feature.
(a)
Each enhanced townhouse development shall include at least one distinctive design feature that is intended to create a visual focal point or area of interest for the development. For purposes of this section, a "distinctive design feature" is a pavilion, gazebo or other focal architectural feature or amenity that includes a decorative landscape design element, such as flowerbeds and other ornamental plantings, which are designed to complement the distinctive design feature and to create seasonal interest. The distinctive design feature shall be linked to the on-site pedestrian walkway network of the development. If located proximate to a major highway within the Township, the distinctive design feature may include signage of a general public interest nature, such as "Welcome to Parsippany-Troy Hills" or other similar public interest or commemorative messages. The distinctive design feature shall be in addition to any design features located at the entranceways of the development.
(b)
In addition, the development shall include at least two of the following components: plaza, patio or seating area; decorative walls or terraces; and water feature or fountain. These additional components shall be designed to complement the distinctive design feature.
(17)
Streetscape. The development shall have a cohesive thematic streetscape design that includes the following:
(a)
Sidewalk areas along internal streets and roads shall include creative use of stylized brick or concrete pavers, accent strips, colored and stamped concrete or decoratively scored concrete.
(b)
The streetlighting shall incorporate the use of stylized light fixtures that complement the proposed building architecture. The light fixtures shall be in accordance with utility company standards. The following standards shall apply:
[1]
The light fixtures shall incorporate sufficient photometric controls, which shield the source of lighting from adjacent buildings or properties;
[2]
The height of the streetlighting fixtures shall be residential in scale and shall not exceed a sixteen-foot mounting height;
[3]
The lighting levels proposed shall conform to all applicable chapter standards provided herein.
(c)
Pedestrian crossings of roadways shall be accentuated through the use of differential pavement crossings;
(d)
Street trees. Street trees shall be planted on all streets and shall be in accordance with the following standards:
[1]
The shade tree planting layout shall complement the overall theme for the development as a whole.
[2]
Trees may be placed in the space between the curb and sidewalk in a formal arrangement or in an informal arrangement between the curb and sidewalk or the sidewalk and the adjacent buildings.
[3]
Spacing between trees shall be determined based upon species and desired theme. The spacing shall range between 30 feet to 50 feet on center. There shall be a minimum average of three shade trees provided for each 120 feet of street frontage.
[4]
Several species of street trees shall be incorporated into the design of the overall project to avoid problems associated with a monoculture.
[5]
The choice of tree species shall be based on a form and on site conditions and shall be subject to the approval of the Planning Board.
[6]
Street trees shall be a minimum of four inches in caliper.
(18)
Pedestrian walkways and amenities. The development shall include a comprehensive system of pedestrian walkways that create linkages in and through the proposed development. The following standards shall apply:
(a)
The layout of pedestrian walkways shall be consistent with the overall design of the development. Where appropriate, walkways shall follow the alignment of the interior roadways or meander through plantings and berms.
(b)
Sidewalks may meander through, around and over the berms and plantings where possible, provided that the slopes do not exceed a five-percent pitch.
(c)
Benches and sitting areas shall be provided along internal pathways and sidewalks where appropriate.
(d)
All walkways shall have a minimum width of four feet for pedestrians and eight feet for pedestrians and bicycles. Sidewalks adjacent to overhanging parking spaces shall be six feet in width.
(e)
Connections to walkways, sidewalks and bicycle paths on adjacent properties shall be provided.
(f)
Pedestrian roadway crossings within the project shall incorporate concrete or decorative pavers to accentuate the prominence of these crossings. The Township Engineer shall approve all details associated with these crossings.
(19)
Landscaping. Landscaping shall be provided and shall conform to the following:
(a)
Landscaping shall be used to accent and complement buildings and other landscape features.
(b)
The mature size of all landscaping shall be designed in a manner to avoid potential conflicts with the function of the site (e.g.: site distances, vehicular and pedestrian movements).
(c)
The landscape plan shall provide a variety of species that create seasonal interest, meet the buffer and screening requirements of the Township's Zoning and Land Development Ordinances, incorporate indigenous species and provide resistance to insect or disease manifestation.
(d)
All landscape plants shall conform to the American Association of Nurserymen Standards.
(e)
Stormwater basins. Landscaping of stormwater retention and detention basins, drainage ditches and swales shall be required. The proposed landscaping plan for these features shall be integrated into the overall landscape plan for the development and designed in such a manner as to create the appearance of naturalized features that can provide passive recreational opportunities while retaining the drainage and infiltration function required for the site. The following standards shall be used:
[1]
The landscaping and grading of the drainage area shall be designed creatively to blend into the surrounding landscape and imitate a natural depression with an irregular or sinuous edge.
[2]
The landscaping of stormwater basins shall include perimeter plantings, including shade trees, evergreen trees and shrubs in order to screen views and to create visual interest.
[3]
If the stormwater basin is located within a required buffer area, the perimeter planting shall include buffer plantings where applicable.
[4]
Shrub and herbaceous landscaping shall be incorporated within the stormwater basins to enhance the infiltration qualities of the basins. This landscaping shall be indigenous to wet meadow areas or tolerant of periodically wet and dry conditions.
[5]
Planting shall not be located within 20 feet of a low flow channel to allow for maintenance unless approved by the Township Engineer.
[6]
The landscaping associated with the stormwater basins shall be designed to permit maintenance and emergency access to the basin and shall be subject to the approval of the Township Engineer.
[7]
Plantings shall not be planted upon any dikes associated with a detention basin unless approved by the Township Engineer.
[8]
Water fountains/features shall be included in the design of permanent wet basins to properly maintain the water quality of the basin.
[9]
The shorelines of any retention basins shall be designed to be easily maintained and stable. Possible treatments can include riprap, stone walls, naturalizing plantings and bulkheads.
[10]
Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities.
[11]
The stormwater basins shall be seeded with a wet site tolerant seed mix specifically formulated to establish a low maintenance meadow of grasses and wildflowers.
[12]
Where applicable, water quality basins and water quality facilities required by NJDEP shall be designed in accordance with NJDEP requirements and standards.
[13]
The maintenance of all on-site water quality, detention and retention basins shall be the responsibility of the property owner or homeowners' association created for the development.
(f)
Where developments front onto major arterial roadways, county roads or state and federal highways, the following landscaping standards shall apply:
[1]
Where possible, landscaped berms shall be incorporated into the overall design of the landscape plan to accentuate the screening qualities of the landscaping proposed.
[2]
Where possible, berms shall be overlapping where drainage swales are required to pass through them. The final design must be reflected upon the grading and drainage plan.
[3]
The landscaping shall be designed to compliment any berms provided and shall be designed to provide screening along the full frontage of the project. Planting shall be installed at a variety of heights which conform to the following minimum sizes:
[4]
The landscaping within the buffer area shall include a predominance of evergreens to provide buffering during the dormant seasons.
[5]
If berms are not provided, the quantity and heights of the plantings shall be increased to achieve a functionality equivalent buffering and screening effect that would have been achieved with the use of berms. In such an instance, plantings shall be installed at a variety of heights with the following minimum height requirements:
(g)
Buffers shall be required from adjacent residential and commercial properties. Buffers shall comply with all Township standards for buffer areas and with the following additional standards:
[1]
Where possible, landscaped berms shall be incorporated into the overall design of the landscape plan to accentuate the screening qualities of the landscaping proposed.
[2]
Where possible, berms shall be overlapping where drainage swales are required to pass through them. The final design must be reflected upon the grading and drainage plan.
[3]
The landscaping shall be designed to compliment any berms provided and shall be designed to provide screening along the majority of the buffer area. Planting shall be installed at a variety of sizes which conform to the following minimum sizes:
[4]
If berms are not provided, the quantity and heights of the plantings shall be increased to achieve a functionality equivalent buffering and screening effect that would have been achieved with the use of berms. In such an instance, plantings shall be installed at a variety of heights with the following minimum height requirements:
(20)
All interior roads, parking loops, courts and other access ways within the site shall be private roads. Interior roads shall be paved and curbed and have a minimum cartway width of 24 feet. Sidewalks shall be required on at least one side of all interior roads.
(21)
Architectural design features shall be used to create interest and variety and shall include staggered unit setbacks and changing rooflines and roof designs. Decorative elements such as shutters, porches, balconies, cornice features and other design elements shall be incorporated into the design of the building.
(22)
No flat room structures are permitted.
(23)
No more than two adjacent dwelling units may be constructed without providing a front wall setback of not less than three feet unless some other acceptable method of facade articulation is provided.
(24)
Building colors shall have a complementary color palate that contains no more than four related colors.
(25)
Architecture. Building materials shall be consistent with the architectural theme of the development.
(26)
Architectural detailing. All the proposed townhouse building facades shall have a coordinated architectural design and style. The architectural detailing of the buildings shall be true to the architectural style or theme selected for the development.
§ 430-269 Standards for commercial and industrial development.
A.
All commercial site development shall comply with the minimum standards of the zoning district in which such use is located, except as modified or supplemented hereafter:
(1)
No building used for commercial purposes shall cover more than 20% of the lot.
(2)
Any building of 75,000 square feet or larger and to be used for commercial purposes shall be classified as a shopping center and shall comply with all requirements set forth in § 430-88D.
(3)
No building and its accessory off-street parking area for commercial uses located in an R-1M District shall be located within 150 feet of any existing or proposed residential lot.
[Amended 5-14-2019 by Ord. No. 2019:21]
(4)
No commercial buildings shall be located within 150 feet of a state or federal highway.
(6)
The floor area used for retail sales and merchandising purposes of the total contemplated commercial building space as defined in Note (3) of the standards of § 430-267 and as set forth in the overall development shall not exceed 50% of the total contemplated commercial floor space or 250,000 square feet of floor space, whichever is the lesser, and further provided that the maximum gross floor area of the total contemplated commercial building space shall not exceed 500,000 square feet.[2]
B.
Industrial and office sites shall comply with the minimum standards of the zoning district in which such use is located, except as modified or supplemented hereafter:
[Amended 5-14-2019 by Ord. No. 2019:21]
§ 430-270 Open space.
A.
In reviewing applications for mixed land use, the Planning Board will require evidence that adequate open space in appropriate locations will be available.
B.
Open space must have safe and convenient pedestrian access.
C.
The applicant must consult with the Planning Board early in the design stage to ascertain open space requirements. Suitable land, equal to the minimum percent of the total gross area as set forth in the standards of § 430-267, shall be designated as open space. Such open space shall consist of common open space, public open space, public areas inclusive of pathways and bike trails and public drainageway, as defined in the standards of § 430-267, and which shall be established and regulated in conformance with state statute.
D.
Common open space. The landowner shall provide for the establishment of an organization for the ownership and maintenance of any common open space, and such organization shall be established and regulated by all applicable standards and conditions of state statute.
§ 430-271 Land use development staging.
A.
As a condition to preliminary approval of the development plan, the Planning Board may permit the implementation of the plan in whole or in sections or in stages consisting of one or more sections or stages, under the sequence of actions determined as a part of the development plan. Such sections or stages shall be:
(1)
Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of construction and development.
(2)
Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the development plan.
(3)
Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require as will prevent damage or detriment to any completed section or stage to other sections or stages and to adjoining properties not in the development plan. Plans and specifications of such sections or stages are to be filed with the Planning Board and are to be of sufficient detail and at such scale as to fully demonstrate the following:
(a)
The arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and service facilities and land ownership conditions.
(b)
Estimates of the economic base of the section or stage and its one or more sections or stages as supported by such evidence as the estimated cost and market values of structures and land improvement increase of taxable values; costs of maintenance and services to be borne by public and private agencies; potential rental scale costs of utility installation; the financial ability of the developer to complete the plan; and such other financial considerations as the Planning Board shall deem applicable.
(c)
Estimates of its population characteristics, such as the size and composition of future population in terms of probable family sizes of the several dwelling unit types; their need for public services and protection, for recreational facilities and for commercial and professional services; anticipated rental scales; and related considerations.
(d)
A planned traffic improvement program setting forth the proposed on- and off-site traffic improvements to be made by the applicant and others. Such programs shall set forth a schedule of development based upon traffic generation resultant of the rate, type, amount and location of land development of the tract.
(e)
Such further reasonable evidence and fact that the Planning Board may require in order to determine that the objectives and standards set forth herein are met.
B.
Upon finding that the plans and specifications for the proposed development of the section or stage conform to the above conditions, the Planning Board shall so inform the administrative officers as are charged with the issuance of permits for the construction of utilities or structures that, upon presentation of requisite working drawings and specifications, such permits may be issued. Upon substantial completion of any section or stage which shall include all performance bonds, covenants and similar instruments to assure such completion, and before proceeding with the review and approval of additional sections or stages, the Planning Board may require a report and review of the status, character and conditions and other previous completed sections or stages with regard to their compliance with the plans, specifications and estimates which formed the basis for its action and approval. Upon finding that such compliance has occurred, the Board shall initiate proceedings for the review of the new section or stage.
C.
As a further condition for approval of later sections or stages, the Board may require or permit adjustments or modifications in the conditions established in the approved development plan to compensate for differences between the estimates of record on previously approved and completed sections or stages as required and the actual conditions prevailing upon their completion. In this regard, consideration may be given to the balance of land uses established consistent with the conditions of the development plan and the extent of variation from the social and economic estimates upon which previous approval may have been based.
[Amended 9-14-1982 by Ord. No. 51:82; 10-12-1982 by Ord. No. 64:82]
D.
Notwithstanding the aforementioned conditions and regulations, the following phased schedule for land development shall prevail for the R-1M District:
[Amended 9-14-1982 by Ord. No. 51:82; 10-12-1982 by Ord. No. 64:82; 7-10-1984 by Ord. No. 84:39]
(1)
No building permit shall be issued for more than 25% of the total residential development until at least 15% of the total commercial/industrial development has been constructed. Upon issuance of building permits for 15% of the total commercial/industrial development, then building permits may be issued for an additional 25% of the total residential units contemplated by the development.
(2)
No building permit shall be issued for more than 50% of the total residential development until at least 40% of the total commercial/industrial development has been constructed. Upon issuance of building permits for 40% of the total commercial/industrial development, then building permits may be issued for an additional 25% of the total residential units contemplated by the development.
(3)
No building permit shall be issued for more than 75% of the total residential development until at least 75% of the total commercial/industrial development has been constructed. Upon issuance of building permits for 75% of the total commercial/industrial development, then building permits may be issued for the balance of the residential development.
(4)
No building permits shall be issued for more than 75% of the total residential development of the tract until building permits have been issued for the total contemplated commercial/industrial development of the tract.[1]
[1]
Editor's Note: Former Subsection E, which immediately followed this subsection and pertained to development in the SED-10 District, was repealed 2-22-1983 by Ord. No. 83:17.
§ 430-272 Density modifications.
To encourage flexibility of housing density, design and type, in cases of development proposed to be developed over a period of years, deviations may be authorized from the density or intensity of use established for the entire development plan. The Planning Board may allow for a greater concentration of density or intensity of land use within some section or sections of development, whether it is earlier or later in the development, than upon others. The approval of the Planning Board of a greater concentration of density or intensity of land use for any section to be developed must be offset by a smaller concentration in any completed prior stage, or there must be an appropriate reservation of open space on the remaining land by a grant of easement, deed or covenant in favor of the municipality. Such reservation shall, as far as practicable, defer the precise location of such open space until an application for preliminary approval is filed.
§ 430-273 Additional standards.
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, ways for public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be vested in the Planning Board for the purposes 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 Plan, as long as such modifications are consistent with the terms of this article, except that the following minimum standards shall apply:
A.
The right-of-way and pavement widths for internal ways and roads serving townhouse cluster, commercial and industrial 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 and sufficient in size, location and design 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 laws 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.
B.
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.
C.
In addition to all other standards, conditions or requirements set forth in this article, 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.