[Added 7-9-1991 by Ord. No. 91:46]

[Amended 9-10-1996 by Ord. No. 96:26]

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.

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:

(a) Noncommercial garage for the exclusive use of site residents.

(b) Noncommercial swimming pools for the exclusive use of site residents only.

(c) Maintenance and storage buildings.

(d) Tennis courts, handball courts and community buildings for the exclusive use and enjoyment of site residents.

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).

(b) Minimum building setback.

[1] From Union Hill Road: 25 feet.

[2] From Old Dover Road: 40 feet.

(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.

(b) Minimum distance between townhouse buildings:

[1] Front-to-front units: 60 feet.

[2] Back-to-back units: 50 feet.

[3] Front-to-back units: 50 feet.

[4] Front-to-side units: 25 feet.

[5] Side-to-side units: 25 feet.

[6] Side-to-back units: 25 feet.

(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.

(3) Standards for detached single-family homes.

(a) The standards shall be as set forth in § 430-68 as specified in the schedule of regulations in Article VI.

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.

(c) This development shall comply with regulations pertaining to rates of runoff as set forth in Chapter 225, Land Use, Subdivisions and Site Plans, and this Chapter 430, Zoning.

(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.