Parsippany Troy Hills
City Zoning Code
City Zoning Code
ARTICLE LIX
OVL-6 Overlay District
§ 430-409 Purpose.
The purpose of the OVL-6 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-6 Overlay District encourages the development of low- and moderate-income housing by allowing for an age restricted and an assisted living multifamily residential development; however, developers shall also have the option of developing in accordance with the underlying ROL Research Office and Laboratory Zone standards.
§ 430-410 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Shall comply with N.J.A.C. 5:97-1.4 "Age-restricted housing" definition. Age restricted shall include a head of household with a minimum age of 55 years old for residents, subject to compliance with federal law. No more than one residential unit may be occupied by employees of the owner or operating entity, who are employed as superintendents for the age-restricted project.
Shall comply with N.J.A.C. 5:97-1.4 "Assisted living residence" and supplemented by § 430-8 where applicable.
For purposes of this section, the word or phrase "tract" or "tract lot line" shall be synonymous with the OVL-6 District itself. Since development of the tract is intended to be planned as an integrated whole, the bulk requirements as noted in the OVL-6 District are to apply to either the tract or internal lot or lot line as identified herein.
§ 430-411 Permitted uses.
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.
A.
Principal uses. The principal permitted uses in the OVL-6 Overlay Zone shall be identical to those uses permitted in the ROL Research Office and Laboratory Zone as set forth at § 430-85; provided, however, that any developer that elects to develop in accordance with the OVL-6 Overlay Zone standards as set forth herein shall be required to provide age restricted or assisted living multifamily dwellings as noted herein.
B.
Accessory uses. The following accessory uses are permitted in the OVL-6 Overlay District:
(1)
Off-street parking, including surface parking.
(2)
Fences and walls.
(3)
Signs.
(4)
Buildings for storage of maintenance equipment.
(5)
Private recreation and meeting rooms in buildings and facilities, including, workout rooms, common areas and the like, intended for use by residents of the premises.
(6)
The existing Ballantine Barn-carriage house on the tract when used for the uses noted in this section shall be a permitted accessory use. This building may be used for gatherings of residents or the owners of the facility, for specific events attended by residents, owners and/or their employees. This specific building may be used for Township residents' public or quasi-public meetings, although limited to no more than 12 times in one calendar year to maintain the accessory qualification of this facility. Public social gatherings, activities or events including but not limited to banquets, weddings or similar activities are not a permitted accessory use at this building.
(7)
Private in-ground swimming pools.
(8)
Trash and recycling facilities intended for use by residents of the premises.
(9)
Other accessory uses normally incidental to the principal permitted use.
§ 430-412 Prohibited uses.
Uses prohibited in the OVL-6 Overlay District shall include the following:
A.
Any principal use not specifically permitted herein or permitted by other applicable law.
§ 430-413 Affordable housing requirements.
A.
All multifamily residential developments constructed in the OVL-6 Overlay District shall be required to set aside a minimum percentage of units for affordable housing. The minimum set-aside shall be 20% and compliance with such set aside shall in be accordance with the developer agreement between the Township of Parsippany-Troy Hills and Parsippany Littleton L.L.C. that was executed in accordance with the settlement agreement approved by the Court under Docket Number MRS-L-169-15. 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.
(2)
Bedroom mix. The UHAC (N.J.A.C. 5:80-26.1 et seq.) requirements shall apply in the OVL-6 Overlay District.
(3)
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.
(4)
Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.
(5)
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.
§ 430-414 Development standards.
A.
Area and bulk requirements. The area and bulk requirements for the uses permitted in the OVL-6 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.
Criteria | OVL-6 Overlay Requirements |
|---|---|
Maximum number of dwelling units | Age restricted: 250 |
Assisted living: 120 | |
Minimum tract lot area (acre)* | 25 |
Minimum lot width (feet) | 100 |
Minimum lot depth (feet) | 100 |
Minimum front yard setback (feet)* | 100 |
Minimum side yard setback each (feet)* | 125** |
Minimum rear yard setback (feet)* | 125 |
Maximum percent tract building coverage (%)* | 35% |
Maximum percent tract impervious coverage (%)* | 70% |
Maximum building story/height (feet) | Age restricted: 3/45*** |
Assisted living: 3/45*** | |
Minimum buffer (feet) | |
Front yard (feet) | 40 |
Side yard (feet) | 100** |
Rear yard (feet) | 100** |
Maximum length of building without 5-foot jog in the front facade (feet) | 80 |
Minimum setback: building to building (if separate buildings) (feet) | 40 |
Accessory structures: side and rear yard (not including the Ballantine Barn-carriage house facility as noted herein) (feet) | 25 |
* | All references to tract refer to the entirety of 181, Lot 19. |
** | Except for preexisting Ballantine Barn-carriage house structure which shall comply with ROL zone side and front yard principal structure setback requirements. |
*** | Building story shall comply with definition of story in § 430-8 of the Township regulations wherein garage parking levels as part of the principal structure can be excluded from the story calculation. |
B.
Tract subdivision. Should there be further subdivision of the tract noted in § 430-413A for uses in conformance with the OVL-6 Zone District, the area of the new lot shall not be less than five acres and the minimum side yard or rear yard setback as applicable from the internal lot line in the tract shall be no less than 50 feet. The remaining tract setback standards as noted in § 430-413A shall be required as applicable.
C.
Parking and loading. Development within the OVL-6 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-6 Overlay District as follows:
(1)
Residential uses: 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.
(2)
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.
(3)
All off-street parking and drive aisles shall comply with the buffer offset requirements noted herein except when providing access to the site from Littleton Road.
(5)
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.
(6)
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.
D.
Parking structures in or under principal structures.
(1)
In- or under-building 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.
F.
Design standards. The design standards of the OVL-6 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.
G.
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.