[Added 10-1-2019 by Ord. No. 2019:46]
The purpose of the AHD-MU 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 AHD-MU District encourages the development
of low- and moderate-income housing by allowing for a mixed use inclusionary
multifamily residential. The remainder of the lot shall be developed
for nonresidential uses in accordance with the B-1 Zone standards
as specifically permitted and required herein.
The uses set forth below shall be permitted.
B.
Accessory uses. The following accessory uses are permitted in the
AHD-MU District:
(1)
Off-street parking, including surface parking, under-building
parking, and parking garages.
(2)
Fences and walls.
(3)
Signs.
(4)
Buildings for storage of maintenance equipment.
(5)
Private recreation buildings and facilities, including swimming
pools, workout rooms, common areas and the like, intended for use
by residents of the premises.
(6)
Trash and recycling facilities intended for use by residents
of the premises.
(7)
Other accessory uses normally incidental to the principal permitted
use.
Uses prohibited in the AHD-MU District shall include the following:
A.
Any principal use not specifically permitted herein or permitted
by other applicable law.
A.
All multifamily residential developments constructed in the AHD-MU
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 accordance with the developer agreement
between the Township of Parsippany-Troy Hills and Westmount Plaza
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 AHD-MU 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 buildings on its site and shall identify
the exact location of each affordable unit at the time of site plan
application.
A.
Area and bulk requirements. The area and bulk requirements for the
multifamily residential uses permitted in the AHD-MU District are
set forth below. The area and bulk regulations of the B-1 Zoning District
shall remain in full force and effect for the commercial development
devoted exclusively to uses permitted in the B-1 Zoning District (as
noted herein), except for requirements of minimum lot area, maximum
percent lot coverage by buildings and maximum percent lot coverage
by all buildings and pavement which shall comply with the standards
of this AHD-MU zone as noted below:
|
Criteria
|
AHD-MU Requirements
|
|---|---|
|
Maximum number of dwelling units
|
313
|
|
Minimum tract lot area (acres)*
|
20
|
|
Minimum front yard setback (feet)
|
100
|
|
Minimum side yard setback each (feet)
|
50
|
|
Minimum rear yard setback (feet)
|
75
|
|
Maximum percent lot coverage by buildings (%)
|
50%
|
|
Maximum percent lot coverage by all buildings and pavement (%)
|
75%
|
|
Maximum building story/height (feet)
|
5/60**
|
|
Minimum buffer:
| |
|
Front yard (feet)
|
50
|
|
Side yard (feet)
|
50***
|
|
Rear yard (feet)
|
50
|
|
Maximum length of building without 5-foot jog in the front facade
(feet)
|
80
|
|
Minimum setback: building to building:
| |
|
Front to front (feet)
|
60
|
|
Front to rear (feet)
|
60
|
|
Front to side (feet)
|
50
|
|
Side to side (feet)
|
30
|
|
Side to rear (feet)
|
30
|
|
Rear to rear (feet)
|
50
|
|
*
|
All references to tract refer to the entirety of Block 698,
Lot 15.2, S01.
|
|
**
|
65 feet permitted for a sloped roof of 4:1 or greater pitch.
|
|
***
|
No buffer required when adjacent to nonresidential lot line.
|
B.
Off-street parking requirements.
(1)
Off-street parking spaces shall be as set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21). A shared parking provision of off-street parking shall be permitted for this site where adjacent properties are either commonly owned or otherwise controlled, or upon confirmation of shared parking easement rights. The shared parking methodology used by the applicant to calculate the number of shared parking spaces permitted shall be in conformance with applicable sections of § 430-275 of the Township's regulations and those recommended in the Urban Land Institute "Shared Parking Standards for a Mixed-Use Center" latest edition or similar nationally recognized standard. Notwithstanding any potential inconsistencies with the foregoing, 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 be located a minimum
of 10 feet from property lines.
(4)
Under-building parking and parking garages shall be permitted,
provided that same are oriented to the side or rear of the property
and are not visible from the public right-of-way.
(6)
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.
(7)
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.
Design standards. The following standards shall apply to all residential
(only), buildings and grounds, including public spaces, where appropriate.
These standards shall be maintained in all phases of development.
The proposed design of buildings and grounds are subject to Township
review to insure the appropriate development context is represented
to the greatest extent possible. A thematic style shall relate to
the development. Deviations from these standards are a design waiver
for purposes of Board review.
(1)
Architectural design standards.
(a)
Context. The development shall be responsive to the established
context of the Township's recognized architectural styling in acknowledgement
that a cohesive built environment is an essential component of the
various neighborhoods establishing the Township's character. Examples
of such elements include complimentary materials, architectural form,
proportions and related elements recreated in building facades, streetscape
furniture and sign features. Elements such as recessed or extended
entrances, enhanced corner treatments and vertical and horizontal
articulations, as defined herein are encouraged.
(b)
Building form and mass.
[1]
All buildings and structures should where applicable relate
harmoniously to the site's natural features, other on-site buildings
and open spaces, as well as surrounding structures within the vicinity
of the development area that have a visual relationship and orientation
to the proposed development. Such features should be incorporated
into the design of building form and mass and assist in the determination
of building orientation in order to preserve visual access to natural
or man-made community focal points.
[2]
Building form and mass.
[a]
Emphasis should be on vertically oriented architectural
features to reflect the character and feel of a "traditional" residential
center as opposed to undifferentiated institutional buildings which
typically lack human scale qualities. This provision does not preclude
the use of contemporary design techniques or materials.
[b]
Large horizontal building facades (i.e., those
larger than 100 linear feet) should be broken into segments having
materials providing vertical differentiation with alternating front
and rear facade features to generate the appearance of smaller individual
buildings/units. No more than 100 feet of front or rear building wall
is permitted without providing a break in the facade of an acceptable
method of differentiation. Such methods should include but are not
limited to changing roof lines, cornices, alterations in building
height and variations in color, materials and textures.
[c]
Roof height, pitch, ridgelines and roof materials
should be varied to create visual interest and avoid repetition.
[d]
Related architectural elements which preclude a
continuous uninterrupted facade building length may also be utilized
to achieve a break in the linear dimension of the building walls in
place of an offset if determined by the approving authority to achieve
the same purpose.
[e]
Buildings with expansive blank walls are discouraged.
Appropriate facade treatments should be imposed to ensure that such
buildings are integrated with the rest of the development.
[f]
Side and rear elevations should receive architectural
treatments comparable to front facades.
[g]
Buildings shall incorporate elements that provide
a visually attractive environment through the use of varied decorative
and architectural features at entrances, corners, windows and rooflines.
[h]
"Human scale" of development shall be encouraged
through the use of windows, doors, porches, columns and balconies.
[i]
Architectural features that enhance the facade
or building form, such as decorative moldings, windows, shutters,
dormers, chimneys, balconies and railings, are encouraged.
[j]
Building color and materials shall have a complimentary
palate that is consistent with the general theme of the development.
[3]
The relationship between the width and height of the front elevations
of adjacent buildings shall be considered in the design details of
a building.
[4]
Cornices, awnings, canopies and other ornamental features are
encouraged as a means to enhance the visual environment. Such features
may be permitted to project over pedestrian sidewalks, as regulated
herein.
[5]
Exterior-mounted mechanical and electrical equipment exposed
to the public view shall be architecturally screened. Roof-mounted
equipment and projections should be painted the same color as the
roof and, where possible, located to the rear of the building, away
from the public view.
(c)
Building landmarks. Corners of buildings, locations of visual
termination such as clock towers and/or other significant focal points
serve as landmarks creating definition and interest which enhance
the pedestrian environment and are critical to creating a positive
sense of place. These areas should be designed with additional height
and/or embellishment which may include facade treatments, glazing,
balconies, awnings, roof articulation, living walls, clock tower and
civic art, among other effective features.
(d)
Parking structures.
[1]
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 of 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 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.
(e)
Green building features. The implementation of green building
features is encouraged throughout the site where applicable to promote
environmental stewardship. Such features should be considered at the
beginning of the planning and design phase to ensure proper integration
and combination of features. The list of green building strategies
below is intended to highlight some key strategies which have been
identified as consistent with the plan for the site and is not a comprehensive
list of all the features which may be considered by the prospective
developer. Green building features not listed herein shall be reviewed
for consideration by the Township. Green building strategies acknowledged
by the United States Green Building Council's Leadership in Energy
and Environmental Design (LEED) and Rutgers Center for Green Building's
New Jersey Green Building Manual are encouraged.
[1]
Green roof and terraces. Roof top terraces and vegetated "green"
roofs shall be permitted, provided they do not exceed three feet,
six inches in height, excluding vegetation, as measured from the maximum
building height limit. On roofs with slopes greater than 20°,
vegetated roofs shall be limited to a height of 12 inches measured
perpendicular to the roof surface. Green roofs are encouraged on all
upper flat roofs for communal use and terraces for individual tenant
use. Green roofs provide the benefits of reduced cooling costs, increased
insulation, runoff mitigation, reduced impact of heat island effect
and enhancement of quality of life. Facilities for rainwater collection
and drip irrigation are recommended.
[2]
Solar collectors. Solar collection systems for the generation
of electricity and/or hot water are encouraged. Such systems shall
be permitted on all upper roofs of buildings and parking structures
and must be consistent with the architectural character and design
of the site and buildings.
(2)
Open space design standards. Shared outdoor public area design
standards are as follows.
(a)
The proposed tract development shall contain a shared outdoor
public area focal point and space for the use of residents of the
development. The purpose of this area is to provide for pedestrian-oriented
space or spaces that are pedestrian friendly, comfortable, and usable
and provide aesthetic value to the project's site design.
(b)
Such a plaza space may include among other features decorative
walkways, sitting areas, thematic lighting, water features and performance
areas. The plaza shall include a solar orientation with features to
promote microclimatic benefits of shade and sun areas. Proposed buildings
can be placed around the shared outdoor public area but shall complement
the design intentions of the area.
(c)
The pedestrian plaza shall be treated as a permanent open space
for passive pedestrian activity.
(d)
The shared outdoor public area shall be furnished with seating
in the form of benches, planters of appropriate height, cafe tables
and chairs and/or similar sculptural features. In addition, decorative
trash and recycling containers shall be placed at regular intervals
to discourage littering. All streetscape furniture and features shall
be subject to approval by the Township's reviewing entity.
(3)
General landscape design and planting requirements.
(a)
Landscaping shall be provided as an integrated element of the
site plan and subdivision design. It shall be conceived as a total
integrated plan for the entire site, integrating the various elements
of the site design, preserving the particular identity of the site
and creating an aesthetically appropriate site character as determined
by the Board in accordance with the standards noted herein.
(b)
Design of buffers. The following are parameters for buffer designs:
[1]
Buffers shall provide a mixture of evergreen and deciduous planting
to provide a year-round visual buffer in order to minimize adverse
impacts from the tract on adjacent properties or from adjacent areas.
Buffers to the extent practical shall provide a year-round visual
screen. Buffers are encouraged where possible to consist of existing
natural vegetation to the greatest extent practical. It may consist
of fences, planting, berms, mounds, decorative walls or combinations
thereof to achieve the stated objectives as approved by the Board.
[2]
Where required, buffers shall be measured from property lines
and street rights-of-way. Compliance shall be determined by the Board,
and any approvals required pursuant to this section shall be obtained
at the time of site plan and subdivision review.
[3]
Within any buffer areas, sidewalks, underground linear utilities
and site access drives shall only be permitted to cross said buffers,
provided their placement is designed to minimize land disturbance
within the buffer. Proposed above or below-ground stormwater detention
systems are not permitted within required buffer areas. Existing stormwater
basins are permitted to continue or be expanded to accommodate the
development related to the settlement agreement for the property.
Access drives shall cross buffer areas at a right angle or as close
to a right angle as is practical to minimize land disturbance.
[4]
Buffer areas shall be maintained and kept clean of all debris,
rubbish, weeds and tall grass. Any screen planting shall be maintained
permanently, and any plant material that does not live shall be replaced
within one year or one growing season, provided all landscape plans
as approved shall be continually complied with.
[5]
Arrangement of plantings in buffers shall provide maximum protection
to adjacent properties and avoid damage to existing plant material.
Potential arrangements include planting in parallel, serpentine or
broken rows.
[6]
If planted berms are used, the maximum side slope shall be 2:1.
[7]
Arrangement of plantings in buffers shall provide maximum protection
to adjacent properties and avoid damage to existing plant material.
[8]
Existing vegetation within the perimeter buffer shall be preserved,
as determined appropriate and to the extent practical. It shall be
supplemented with shade-tolerant naturalistic massed plantings where
necessary to complete screening where deemed appropriate.
[9]
Plant materials shall be sufficiently large and planted in such
a fashion to screen parking, refuse and loading areas.
[10]
Such strips shall be planted with evergreens and
deciduous plant material as deemed appropriate by the reviewing board.
[11]
Within the perimeter buffer, no buildings, structures,
accessory structures, parking, driveways, loading areas or storage
of materials shall be permitted.
[12]
All proposed deciduous trees in a perimeter buffer
shall be of a two-and-one-half- to three-inch caliper, measured six
inches from grade.
(c)
Existing vegetation within a buffer shall be preserved, as determined
appropriate and to the extent practical. It shall be supplemented
with shade-tolerant naturalistic massed plantings where necessary
to complete screening of adjoining land uses.
(d)
The use of indigenous/native plant material is to be encouraged
to establish sustainable landscapes that blend with the natural environment,
reduce the use of pesticides and reduced irrigation.
(e)
Landscaping shall include plant materials such as trees, shrubs,
ground cover, perennials, annuals and other materials such as rocks,
water, berms, walls, fences and paving materials.
(f)
Landscaping shall be provided in public areas, adjacent to buildings,
in parking areas, and around the perimeter of sites.
(g)
Landscaping shall be provided to promote a desirable visual
environment, to accentuate building design, define entranceways, screen
parking and loading areas, mitigate adverse visual impacts and provide
windbreaks for winter winds and provide summer cooling for buildings.
(h)
The impact of any proposed landscaping plan at various time
intervals shall be considered.
(i)
Planting and other landscaping materials shall be selected in
terms of aesthetic and functional considerations. The landscape design
shall create visual diversity and contrast through variation in size,
shape, texture and color. The selection of plants in terms of susceptibility
to disease and insect damage, wind and ice damage, habitat (wet-site,
drought, sun and shade tolerance), soil conditions, growth rate, longevity,
root pattern, maintenance requirements, etc., shall be considered.
Consideration shall be given to accenting site entrances and unique
areas with special landscaping treatment. Flowerbed displays are encouraged.
(j)
Slope plantings. Landscaping areas of cuts and fills and/or
terraces shall be sufficient to prevent erosion, and all roadway slopes
steeper than one foot vertically to three feet horizontally shall
be planted with ground covers appropriate for the purpose and soil
conditions, water availability and environment.
(k)
Sight triangles. Landscaping within sight triangles shall not
exceed a mature height of 30 inches. Shade trees shall be pruned up
to an eight-foot branching height above grade.
(l)
In cases where natural features existing on site duplicate the
planting requirements of this section, the landscape requirements
may be waived by the Board.
(m)
All plant materials, planting practices and specifications shall
be in accordance with the "American Standards for Nursery Stock" by
the latest available American Association of Nurserymen Standards.
(n)
The design standards are minimum requirements. The Board may
request additional development features exceeding these standards
if conditions warrant.
(o)
Landscape plan content.
[1]
A landscape plan prepared by a licensed landscape architect,
licensed by the New Jersey State Board of Landscape Architects, or
other qualified individual, shall be submitted with each application.
[2]
In addition to the site plan or subdivision submission requirements,
the landscape plan shall include and identify the following information:
[a]
Existing and proposed underground and aboveground
utilities such as site lighting, transformers, hydrants, manholes,
valve boxes, etc. to determine if there are conflicts with these features.
[b]
Existing wooded areas, rock outcroppings and existing
and proposed water bodies.
[c]
Location of individual existing trees noted for
preservation within the area of development and 10 feet beyond the
limit of the disturbance. Trees four inches in diameter (measured
4 1/2 feet above the existing ground level) shall be located
and identified by name and diameter unless the wooded area is shown
with a specific limit line.
[d]
Indicate all existing vegetation to be saved or
removed.
[e]
Existing and proposed topography and location of
all landscaped berms.
[f]
Location, species and sizes of all proposed shade
trees, ornamental trees, evergreen trees and shrubs and areas for
turf or any other ground cover. The size of the symbol must be representative
of the size of the plant shown to scale.
[g]
A plant schedule indicating botanical name, common
name, size at time of planting (caliper, height and spread), quantity,
root condition and any special remarks (spacing, substitutions, etc.)
for all plant material proposed. Plants within the plant schedule
shall be keyed to the landscape plan.
[h]
Planting and construction details and specifications.
[i]
Landscape water conservation irrigation measures.
The plan should include the identification of the proposed landscape
irrigation measures for the proposed landscaping. It should consider
provisions for water conservation including, but not limited to, timers
with rain or soil moisture sensors, drip irrigation for planting beds
and areas of phased irrigation areas for initial plant establishment
that can be zoned off following plant establishment.
E.
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.
