[Amended 9-16-1986 by Ord. No. 86-25-942]
A. The following Schedule of Regulations applying to
the area of lots, the height of buildings, the yards and other open
spaces to be provided, off-street parking spaces, minimum floor areas
and all other matters contained therein, as indicated for the various
zones established by this chapter, is hereby adopted and declared
to be a part of this chapter.
B. Except as provided in this section, projections shall
not be permitted as an exception to the Schedule of Regulations. Projections
into yards or courts are permitted, provided that they do not exceed
the following:
(1) Cornices and eaves, including gutters, may project
not more than two feet.
(2) Belt courses, sills, stormwater leaders and similar
ornamental or structural features may not project more than one foot.
(3) Awnings or roofs over doors or windows may project
not more than three feet and shall not be more than four feet in width.
(4) A chimney or vent may project into a required side
yard or rear yard not more than two feet, and the width shall not
exceed five feet.
(5) An open, fireproof fire escape stairway may project
into a side or rear yard not more than four feet.
[Added 12-1-2021 by Ord. No. 21-32-1582]
A. Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
(1)
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
(2)
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
(3)
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as "rapid
charging stations" that are typically characterized by industrial
grade electrical outlets that allow for faster recharging of electric
vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
MAKE-READY PARKING SPACE
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct-current fast chargers. Make-ready includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a "plug-and-play" basis. "make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
Private EVSE: EVSE that has restricted access to specific users
(e.g., single- and two-family homes, executive parking fleet parking
with no access to the general public).
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Publicly accessible EVSE: EVSE that is publicly available (e.g.,
park and ride, public parking lots and garages, on-street parking,
shopping center parking, nonreserved parking in multifamily parking
lots, etc.).
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C. Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2)
EVSE and make-ready parking spaces installed pursuant to Subsection
D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection
C(1) above.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Zoning Officer shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of Borough of Cresskill's land use
regulations.
(5)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection
C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D. Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection
D(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of Subsection
E above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
E. Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall
be included in the calculation of minimum required parking spaces,
pursuant to the Cresskill Zoning Ordinance.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
(4)
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection
D above may be encouraged, but shall not be required in development projects.
F. Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE. It shall be noted that the use of time limits is optional and
shall be determined by the owner.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Ordinance. Signage indicating the penalties for violations shall comply with Subsection
F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection
F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Borough of Cresskill's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection
F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices in shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough of Cresskill shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs, including parking restrictions, shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection
F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1] Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2] Usage fees and parking fees, if applicable; and
[3] Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be paid for each hour that the electric vehicle
is connected to the EVSE.
(b)
This fee may be amended by a resolution adopted by the governing
body.
(c)
Private EVSE. Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
[Amended 11-7-2001 by Ord. No. 01-34-1242]
In a Professional Zone, the following regulations
shall apply:
Regulations
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Office Buildings
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Lot area
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10,000 square feet
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Lot frontage
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100 feet
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Lot depth
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100 feet
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Minimum required
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Front yard
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25 feet
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Side yards
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15 feet
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Rear yard
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When adjoining a residence zone
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30 feet
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When adjoining a zone other than a residence
zone
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20 feet
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Off-street parking spaces, rear or side only,
per 200 square feet of floor area [Amended 6-18-1985 by Ord. No. 85-14-904]
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1
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Floor area
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2,000 square feet
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Maximum permitted
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Building height
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Stories
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2
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Feet
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28
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Building coverage
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1-story building
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40%
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2-story building
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30%
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Length of any structure
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160 feet
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[Amended 4-2-2008 by Ord. No. 08-04-1346; 12-20-2017 by Ord.
No. 17-14-1508]
In a Commercial Zone, the following regulations
shall apply:
A. For all
permitted uses:
Regulations
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For All Permitted Uses
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Minimum required
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Lot area
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10,000 square feet
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Lot frontage
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100 feet
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Lot depth
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100 feet
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Front yard
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With parking in front yard
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40 feet
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With no parking in front yard
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10 feet
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No side yard required, but if provided
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15 feet
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Total both side yards if provided
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30 feet
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Rear yard
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30 feet
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Floor areas for 1-story building
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1,500 square feet
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Floor areas for first floor of 2-story building
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1,500 square feet
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Floor areas for businesses
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400 square feet
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Room width for businesses
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12 feet
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Off-street parking spaces per 150 square feet
of floor area
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1
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Maximum permitted
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Building height
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Stories
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2
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Feet
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31
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Building coverage
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50%
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B. For mixed-use, multifamily buildings only:
[Amended 12-19-2018 by Ord. No. 18-22-1508A]
Regulations
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Applicable to mixed-use multifamily buildings only
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Minimum required
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Lot area
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7,500 square feet
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Lot frontage
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75 feet
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Lot depth
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100 feet
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Front yard
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10 feet
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Rear yard
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10 feet
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Maximum permitted building height
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Stories
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3
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Feet
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41
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Building coverage
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50%
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C. Additional regulations.
[Amended 12-19-2018 by Ord. No. 18-22-1508A]
(1) Parking shall not be developed or constructed in the front yard.
Off-street parking requirements apply to both the residential and
nonresidential portions of all mixed-use developments. Parking standards
listed elsewhere in the ordinance shall apply to the nonresidential
portion of a mixed-use development. In recognition of the requirement
to minimize or remove unnecessary development cost-generating requirements,
the following minimum parking standards are applicable to the residential
component of a mixed-use development in the Commercial Zone.
(a)
Dwelling unit: 1.25 parking spaces per dwelling.
(2) All residential developments constructed within the Commercial Zone
shall be structured so that COAH credit-worthy dwellings comprise
no less than 20% of the residential development if residential units
are to be offered for sale. A rental community shall be required to
have a 15% affordable housing set-aside. No less than 50% of all COAH
credit-worthy units shall be affordable to low-income households,
with 13% of the affordable housing units offered to very-low-income
family households. The balance can be affordable to moderate-income
households.
(3) Affordable housing proposed in the Commercial Zone shall be structured
so no more than 20% of the units are studio or one-bedroom units,
at least 30% are two bedrooms and no fewer than 20% are three-bedroom
units. Bedroom count for the remainder of the affordable units is
at the discretion of the developer.
(4) Residential density in the Commercial Zone shall be no greater than
15 units per acre.
(5) All affordable dwelling units shall be constructed and maintained in compliance with the requirements of the New Jersey Council on Affordable Housing and the Uniform Housing Affordability Controls before certificates of occupancy will be issued. The developer shall include all facilities required by law which are necessary to be maintained as a Superior Court or COAH certifiable rental or sales unit included as part of an inclusionary development so that COAH restrictions are legally enforceable. Furthermore, all such developments shall conform to Article
XXIX, Special Mount Laurel Requirements of the Borough of Cresskill Municipal Code.
D. Storage permitted. No person in the Commercial Zone shall store,
place, deposit, or permit the continuation of storage, placement,
or deposit of, upon any premises, any unregistered motor vehicle or
any machinery, equipment, lumber, building materials or supplies or
parts thereof; provided, however, that unless otherwise prohibited,
it shall not be unlawful to store, place or deposit the foregoing
items in a fully enclosed structure upon such premises. Nothing herein
contained shall be deemed to authorize the erection of a structure
or structures not otherwise authorized to be so erected.
E. Prohibited uses. All uses not listed in §
275-19 are prohibited.
F. Performance standards. All uses are subject to performance standards as set forth in Article
XIV.
G. Site development plan approval. Site development plan approval, in accordance with Chapter
218, Site Development Plan, shall be required prior to the issuance of construction permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use.
[Added 12-19-2018 by Ord.
No. 18-22-1508A]
No person in the Commercial Zone shall store, place, deposit,
or permit the continuation of storage, placement, or deposit of, upon
any premises, any unregistered motor vehicle or any machinery, equipment,
lumber, building materials or supplies or parts thereof; provided,
however, that unless otherwise prohibited, it shall not be unlawful
to store, place or deposit the foregoing items in a fully enclosed
structure upon such premises. Nothing herein contained shall be deemed
to authorize the erection of a structure or structures not otherwise
authorized to be so erected.
[Added 12-19-2018 by Ord.
No. 18-22-1508A]
All uses not listed in §
275-19 are prohibited.
[Added 12-19-2018 by Ord.
No. 18-22-1508A]
All uses are subject to performance standards as set forth in Article
XIV.
[Added 12-19-2018 by Ord.
No. 18-22-1508A]
Site development plan approval, in accordance with Chapter
218, Site Development Plan, shall be required prior to the issuance of construction permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use.
[Added 8-1-1989 by Ord. No. 89-15-1018; amended 6-16-2021 by Ord. No. 21-23-1573]
A. In a Senior Citizens Residence Zone (R-SC) the regulations for an R-10 Zone contained in §
275-35 of the Code of the Borough of Cresskill shall apply.
B. The operation
of medicinal and retail marijuana establishments, which includes retail
marijuana and/or marijuana paraphernalia stores, marijuana cultivation
facilities, marijuana products manufacturing facilities, and marijuana
testing facilities, and the operation of retail marijuana social clubs
are prohibited within the Borough of Cresskill and, therefore, all
activities related to the above-mentioned retail uses such as, but
not limited to, cultivation, extraction, manufacturing, processing,
storing, laboratory testing, labeling, transporting, delivering, dispensing,
transferring and distributing are expressly prohibited in any zone
within the Borough of Cresskill.
[Added 12-20-2017 by Ord.
No. 17-13-1507]
A. Permitted uses. No building or premises shall be used and no building
or part of a building shall be erected which is arranged, intended
or designed to be used, in whole or in part, for any purpose, except
the following. Such approval shall also be required for the erection
or enlargement of all related accessory structures and prior to issuance
of certificates of occupancy for a change of use. Permitted uses are
as follows:
(1)
Residential market rate and affordable dwelling units, specifically
including multifamily buildings at the density, height and bulk prescribed
below. Affordable housing units shall be constructed, marketed and
deed-restricted in strict conformance to Cresskill's Affordable Housing
Ordinance, Council on Affordable Housing regulations and all requirements
contained within the Uniform Housing Affordability Controls, as these
documents may be amended, revised and supplemented, so that 13% of
all affordable housing units are to be available and affordable to
very-low-income households earning 30% of median income.
B. Storage permitted. No person in a Downtown Affordable Housing Overlay
Zone shall store, place, deposit, or permit the continuation of storage,
placement, or deposit of, upon any premises, any unregistered motor
vehicle or any machinery, equipment, lumber, building materials or
supplies or parts thereof; provided, however, that unless otherwise
prohibited, it shall not be unlawful to store, place or deposit the
foregoing items in a fully enclosed structure upon such premises.
Nothing herein contained shall be deemed to authorize the erection
of a structure or structures not otherwise authorized to be so erected.
C. Prohibited uses. All uses not listed in §
275-40.1A are prohibited.
(1) The operation of medicinal and retail marijuana establishments, which
includes retail marijuana and/or marijuana paraphernalia stores, marijuana
cultivation facilities, marijuana products manufacturing facilities,
and marijuana testing facilities, and the operation of retail marijuana
social clubs are prohibited within the Borough of Cresskill and, therefore,
all activities related to the above-mentioned retail uses such as,
but not limited to, cultivation, extraction, manufacturing, processing,
storing, laboratory testing, labeling, transporting, delivering, dispensing,
transferring and distributing are expressly prohibited in any zone
within the Borough of Cresskill.
[Added 6-16-2021 by Ord. No. 21-23-1573]
D. Performance standards. All uses are subject to performance standards as set forth in Article
XIV.
E. Site development plan approval. Site development plan approval, in accordance with Chapter
218, Site Development Plan, shall be required prior to the issuance of construction permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use.
F. The following area and bulk standards are applicable in the DAHO
Zone:
(1)
Standards.
Regulations
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Inclusionary Developments
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Lot area
|
13,000 square feet
|
Lot frontage
|
100 feet
|
Lot depth
|
100 feet
|
Minimum required:
|
|
|
Front yard
|
15 feet
|
|
Side yards
|
6 feet
|
|
Rear yard
|
10 feet
|
Parking
|
Not permitted in required front yard
|
Maximum permitted building height
|
3 stories/41 feet
|
Building coverage
|
40%
|
(2)
Additional regulations.
(a)
In recognition of the availablity of nearby off-street parking,
the central business location of the DAHO Zone, and the requirement
to minimize or remove unnecessary development cost-generating requirements,
the following minimum parking standards are applicable to residential
development, but only in the DAHO Zone: dwelling unit, 1.25 parking
spaces per dwelling.
(b)
All developments constructed within the DAHO Zone shall be structured
so that no less than 20% of the entire development are COAH credit-worthy
units if these units are to be offered for sale. A rental community
shall be required to have a fifteen-percent affordable housing set-aside.
No less than 50% of all COAH credit-worthy units shall be affordable
to low-income households, with 13% of all affordable units available
to very-low-income family households. The balance can be affordable
to moderate-income households.
(c)
Affordable housing in the DAHO Zone shall be structured so no
more than 20% of the units are studio or one-bedroom units and no
fewer than 20% are three-bedroom units. At least 30% of the dwelling
units must be two-bedroom units. Bedroom count for the remainder of
the affordable units is at the discretion of the developer.
(d)
Density for the DAHO Zone shall be no greater than 15 units
per acre.
(e)
All affordable dwelling units shall be constructed and maintained in compliance with the requirements of the New Jersey Council on Affordable Housing, UHAC and the settlement agreement in the matter of the Borough of Cresskill, County of Bergen Docket No. L-6274-15 before certificates of occupancy will be issued. The developer shall include all facilities required by law which are necessary to be maintained. Furthermore, all such developments shall conform to Article
XXIX, Special Mount Laurel Requirements, and Article
XXX, Development Fees for Affordable Housing, of the Borough of Cresskill Municipal Code.
[Added 12-20-2017 by Ord.
No. 17-17-1511; amended 12-19-2018 by Ord. No. 18-23-1511A]
A. Permitted uses. No building or premises shall be used and no building
or part of a building shall be erected which is arranged, intended
or designed to be used, in whole or in part, for any purpose, except
the following. Such approval shall also be required for the erection
or enlargement of all related accessory structures and prior to issuance
of certificates of occupancy for a change of use. Permitted uses are
as follows:
(1)
Residential market rate and affordable dwelling units specifically
including multifamily buildings at the density, height and bulk prescribed
below. Affordable housing units shall be constructed, marketed and
deed restricted in strict conformance to Cresskill's Affordable Housing
Ordinance, Council on Affordable Housing regulations and all requirements
contained within the Uniform Housing Affordability Controls as these
documents may be amended, revised and supplemented.
B. Storage permitted. No person in the Affordable Housing Site Zone
shall store, place, deposit, or permit the continuation of storage,
placement, or deposit of, upon any premises, any unregistered motor
vehicle or any machinery, equipment, lumber, building materials or
supplies or parts thereof; provided, however, that unless otherwise
prohibited, it shall not be unlawful to store, place or deposit the
foregoing items in a fully enclosed structure upon such premises.
Nothing herein contained shall be deemed to authorize the erection
of a structure or structures not otherwise authorized to be so erected.
C. Prohibited uses. All uses not listed in §
275-40.2A are prohibited.
(1) The operation of medicinal and retail marijuana establishments, which
includes retail marijuana and/or marijuana paraphernalia stores, marijuana
cultivation facilities, marijuana products manufacturing facilities,
and marijuana testing facilities, and the operation of retail marijuana
social clubs are prohibited within the Borough of Cresskill and, therefore,
all activities related to the above-mentioned retail uses such as,
but not limited to, cultivation, extraction, manufacturing, processing,
storing, laboratory testing, labeling, transporting, delivering, dispensing,
transferring and distributing are expressly prohibited in any zone
within the Borough of Cresskill.
[Added 6-16-2021 by Ord. No. 21-23-1573]
D. Performance standards. All uses are subject to performance standards as set forth in Article
XIV.
E. Site development plan approval. Site development plan approval, in accordance with Chapter
218, Site Development Plan, shall be required prior to the issuance of construction permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use.
F. The following area and bulk standards are applicable in the Affordable
Housing Site II Zone:
(1)
Standards.
Regulations
|
Inclusionary Developments
|
---|
Lot area
|
10,000 square feet
|
Lot frontage
|
100 feet
|
Lot depth
|
100 feet
|
Minimum required
|
|
|
Front yards
|
15 feet
|
|
Side yards
|
6 feet
|
|
Rear yard
|
15 feet
|
Parking
|
Not permitted in required front yard
|
Maximum permitted building height
|
|
|
Stories
|
3
|
|
Feet
|
41
|
|
Building coverage
|
40%
|
(2)
Additional regulations.
(a)
In recognition of the requirement to minimize or remove unnecessary
development cost-generating requirements, the following minimum parking
standards are applicable in the Affordable Housing Site II Zone.
[1] Affordable dwelling unit: 1.25 parking spaces per
dwelling.
[2] Market rate dwelling unit: RSIS requirements apply.
(b)
All developments constructed within the Affordable Housing Site
II Zone shall be structured so that no less than 20% of the entire
development are COAH credit-worthy units if these units are to be
offered for sale. A rental community shall be required to have a 15%
affordable housing set-aside. No less than 50% of all COAH credit-worthy
units shall be affordable to low-income households, with 13% of all
affordable units available to very-low-income family households. The
balance can be affordable to moderate-income households.
(c)
Affordable housing in the Zone shall be structured so no more
than 20% of the units are studio or one-bedroom units, at least 30%
are two bedrooms and no fewer than 20% are three-bedroom units. Bedroom
count for the remainder of the affordable units is at the discretion
of the developer.
(d)
Density for the Affordable Housing Site II Zone shall be no
greater than 15 units per acre.
(e)
All affordable dwelling units shall be constructed and maintained in compliance with the requirements of the New Jersey Council on Affordable Housing, and the Uniform Housing Affordability Controls before certificates of occupancy will be issued. The developer shall include all facilities required by law which are necessary to be maintained as part of an inclusionary development so that COAH restrictions are legally enforceable. Furthermore, all such developments shall conform to Article
XXIX, Special Mount Laurel Requirements, of the Borough of Cresskill Municipal Code.