[Added 9-15-1981 by Ord. No. 81-17-798; amended 10-20-2010 by Ord. No. 10-22-1401; 12-20-2017 by Ord. No. 17-15-1509; 3-4-2026 by Ord. No. 26-31-1687]
No building or part of a building or premises shall be used, altered or erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following, and conditional upon approval as to use by the Planning Board in accordance with performance standards procedures as set forth in § 275-58, Article XIV, and in accordance with Chapter 218, Site Development Plan. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use.
A. 
One-family residential townhouse dwellings, as herein defined.
B. 
Uses permitted in the P and L (Professional Office and Research, Design and Development Laboratories) Zone pursuant to § 275-24.
C. 
Special note regarding affordable housing: For the TR Lot known as Block 181, Lot 1, permitted uses shall also include inclusionary (market-rate and affordable) housing developments in accordance with the conditions described herein, and in compliance with the applicable regulations of § 275-81W.
D. 
Accessory uses as set forth in § 275-42A through D of the Borough Code.
The following regulations shall apply to the TR Zone. Special note regarding affordable housing: For the two TR lots known as Block 88, Lots 2 and 3, the regulations below marked "Not AH" shall not apply.
A. 
A site plan shall be submitted and approved as required in Chapter 218 of the Borough Code. With specific regard to townhouse units, in addition to all required conditions of that chapter, said plan shall show that all standards established herein for townhouse units as a conditional use will be complied with.
B. 
Height. Except as provided for in § 275-81W pertaining to inclusionary housing, no structure containing a townhouse unit shall exceed a height of 28 feet, as determined by the Code § 275-39A, or two stories in height, whichever is lesser.
C. 
Setbacks.
(1) 
No building or structure shall be located closer than:
(a) 
Thirty feet to any public street or highway. Where a lot is bounded by more than one street, the front yard or setback requirements shall be met on both abutting streets.
(b) 
Fifty feet to any abutting zone line.
(c) 
Seventy-five feet to the dividing line between Lots 29 and 62 in Block 180 and a portion of Lot 2, Block 181 (formerly Lots 28 and 63 in Block 181), adjacent to Lots 29 and 62 in Block 180.
(2) 
Notwithstanding the above provision or Subsection L below, a driveway or other means of access, not to exceed 25 feet in width, may be constructed within the seventy-five-foot buffer zone referred to in Subsection C(1)(c) above. The driveway shall be constructed on the westernmost portion of the buffer zone. The remaining 50 feet of said buffer zone shall not be disturbed or built upon in any manner.
D. 
Buffer areas. Those setbacks required in Subsections C and G hereof shall be landscaped areas and shall not contain any building structure. Off-street parking is not permitted within the fifty-foot setback required in Subsection C(2) above. For inclusionary housing developments, off-street parking is not permitted within twenty feet of any property line.
E. 
Density (not AH). The gross density for any development in the TR Zone shall not exceed eight townhouse units per acre of privately-owned land. The maximum number of units permitted for any project shall be determined by multiplying the total area of the tract in acres, exclusive of any abutting public streets, by eight. Any fractional number of units shall be treated as one unit.
F. 
Minimum tract size (not AH). No tract, parcel or lot shall be developed as a townhouse district unless it shall contain a minimum area of 160,000 square feet of adjoining and contiguous land, provided that it shall have sufficient access to an approved street. For the purposes of this section, internal streets, parking areas and rights-of-way shall not be deemed to divide the acreage of a townhouse district.
G. 
Distance between buildings (Not AH). No structure containing a townhouse unit shall be permitted closer to another structure containing a townhouse unit than 35 feet, except that the minimum rear yard distance between buildings shall be 50 feet. There shall also be a minimum of 30 feet between patios or decks in the rear yard.
H. 
Landscaping. A landscaping plan shall be submitted and be subject to review and approval by the Planning Board at the same time as the site plan. The landscaping plan will show in detail the location, size and type of all plantings, including lawns, to be used on the site. All areas not used for buildings or off-street parking shall be included in the landscaped plan. All parking and service areas shall be screened so that said areas are shielded from residential areas adjacent to the site. Wherever possible, as deemed by the Planning Board, existing woodlands shall be left intact and added to the landscaping scheme.
I. 
Lighting. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All wiring shall be laid underground, and all lighting fixtures shall be arranged so that the direct source of light is not visible from any residential areas adjacent to the site.
J. 
Architecture and construction (not AH).
(1) 
From a design and construction standpoint, a townhouse structure has two basic options:
(a) 
It shall be designed and constructed to resemble a large single-family residence; or
(b) 
It shall be designed and constructed with appropriately different townhouse setbacks and rooflines so as to reflect the combination of more than one, but not more than five, townhouse residences.
(2) 
The architecture employed shall be aesthetically in keeping with the surrounding area and shall be subject to approval by the Planning Board. All buildings shall be constructed in accordance with the Building Code and shall comply with the following requirements:
(a) 
The exterior of each building wall of townhouse units shall be of wood, brick or stone facing, solid brick or stone, or some other acceptable durable material. Asbestos shingle and cinder or concrete block as exterior finishes are prohibited. The applicant shall submit to the Planning Board for review and approval, in addition to any and all other documents required by any other ordinance concerning site plan review, floor plans, elevation drawings, color rendering and detailed finish schedules.
(b) 
The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.
(c) 
There shall be between townhouse units a sound-proof firewall constructed according to the specifications approved by the Construction Official and/or Fire Subcode Official. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the ASTM (American Society of Testing Materials) recommended practice E-90-66T.
K. 
Utilities. Every unit must be connected to the public sanitary sewer and water systems as approved by the Borough Engineer.
L. 
Roads. Unless otherwise determined by the Borough Engineer or Subsection C above, all roads within the project shall be private roads at least 26 feet wide, constructed and maintained by the developer pursuant to specifications prepared by the Borough Engineer and subject to approval by the Planning Board. Frontage shall be permitted on a private and approved street. All roads dedicated to the Borough shall be subject to all municipal ordinances as well as the laws of the State of New Jersey.
M. 
Master deed. The developer shall furnish to the Borough as a condition of site plan approval such guaranties, covenants, master deed or builder's agreement which shall satisfy the requirements of the Planning Board for the construction and maintenance of common areas, landscaping, recreational areas, public improvements and buildings.
N. 
Number and length of townhouses (not AH). The number of townhouse dwellings in any attached group of such dwellings shall be no more than five townhouse dwellings, and the length of any such attached group of townhouse dwellings shall not exceed 125 feet. The group of townhouse dwellings shall be designed with variations in the building setback of each townhouse dwelling in accordance with sound planning, engineering standards and subject to architectural approval by the Planning Board.
O. 
Impact statement (not AH).
(1) 
An environmental impact statement shall be prepared and submitted which will include an assessment, supported by engineering data, of the environmental impact of the project upon the following factors:
(a) 
Vehicular traffic.
(b) 
Noise.
(c) 
Storm drainage.
(d) 
Sanitary sewer facilities.
(2) 
As far as the traffic impact is concerned, the Planning Board shall require entrances and exits to the site at locations and widths that will minimize traffic congestion and result in the best vehicular and pedestrian circulation pattern both on and abutting the site. The Planning Board may require the applicant to submit a traffic engineering study prepared by a licensed professional traffic engineer which will indicate the impact that the development of the site will have on surrounding roads. This traffic study shall include the following elements:
(a) 
Estimated peak hourly traffic to be generated by the proposal.
(b) 
Assignment of estimated peak hourly traffic by percentage and volume to surrounding streets.
(3) 
If the results of the survey indicate necessary off-site improvements of existing Borough streets, the applicant shall contribute a prorated share of such improvements as determined by the Planning Board.
P. 
Building coverage (not AH). Not more than 20% of the total tract area shall be covered by any above-grade buildings or structures.
Q. 
Total impervious coverage. Not more than 35% of the total tract area shall be covered by any impervious material, including but not limited to buildings, structures, driveways, parking areas, patios, walkways, game areas such as tennis courts, swimming pools, and the like. For inclusionary housing developments, this limitation shall be not more than 50%.
R. 
Parking (not AH). Two off-street parking spaces for each dwelling unit shall be required, except that a garage space may be counted in meeting this requirement. In addition, at least 1/2 parking space per dwelling unit shall be provided for visitor parking and shall be reasonably distributed throughout the units.
S. 
Garage (not AH). A private attached garage shall be incorporated into the design of each townhouse dwelling as part of such building structure.
T. 
Common open space (not AH).
(1) 
The developer of townhouse units as a conditional use shall make provision for the establishment of an open space organization which shall own and maintain all common open space for the benefit of owners or residents of the development. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough of Cresskill. In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owner of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.
(2) 
At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development to be held by the Borough Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said open space in a reasonable condition, the Borough shall cease to maintain said open space at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
(3) 
When any designated open space or common area is to be retained by private interests, such private interests shall be required to file easements, covenants or other documents, as determined by the Planning Board, to ensure the intended use and function and arrange for the maintenance of such areas. Open space may include common recreational areas for residential uses.
U. 
Patios and decks (not AH). Unless enclosed, patio and deck areas shall not be constructed as part of the building.
V. 
Uses prohibited. All uses not listed in § 275-80 or § 275-80A of the Cresskill Borough Code are prohibited.
W. 
Regulations pertaining to the inclusionary development uses for Block 181, Lot 1.
(1) 
Incentives for inclusionary development for the TR lot Block 181, Lot 1:
(a) 
Maximum permitted density is 22 dwelling units per acre. Said units can be arranged and included in a multi-family building. Market-rate units and affordable dwelling units shall be fully integrated within the development.
(b) 
Developers are permitted to exceed the height restriction in Code § 275-81B provided that the structure does not exceed a height of 38 feet or three stories.
(2) 
Affordable residential dwelling units. All affordable dwelling units shall be constructed, marketed and administered in compliance with the requirements of the State of New Jersey, Housing Mortgage Finance Agency, and the Uniform Housing Affordability Controls as well as all applicable local ordinances. Furthermore, all such affordable housing shall be subject to agency certification and approval from the Borough's administrative agent and/or municipal housing liaison before certificates of occupancy will be issued. The developer shall include all facilities required by law that are necessary to be maintained as a jurisdictional agency-certifiable rental or ownership unit within an inclusionary development so that the agency's restrictions are legally enforceable. All such developments shall conform to Article XXIX, Affordable Housing, and Article XXX, Development Fees for Affordable Housing, of the Borough of Cresskill Municipal Code. The terms "moderate-income," "low-income" and "very-low-income" as used below are as defined by the jurisdictional agency.
(a) 
Affordable residential dwelling units may be offered as rental or as for-sale housing in strict conformance with all ratios as proscribed in §275-125.
(b) 
Affordable housing as defined herein shall comprise not less than 25% of all housing units proposed.
(c) 
Affordable housing as defined herein shall comprise 20% of all housing units if offered for sale. The required affordable housing set-aside shall be 15% of all housing units if a rental community is created.
(d) 
No less than 50% of all COAH creditworthy units shall be affordable to low-income households, with 13% affordable to very-low-income households. The remaining 50% can be offered to moderate-income households.
(3) 
Market-rate residential dwelling units. Market-rate dwelling units will be permitted as described above on Block 181, Lot 1, only in conjunction with a proposal to construct a minimum of 25% of the total as deed restricted affordable housing as described above. These market-rate dwelling units may be offered for either or both rent or ownership. An applicant must be able to demonstrate that the quantity of parking stalls as required by the New Jersey Residential Site Improvement Standards (RSIS) is available for use by residents and guests of these dwelling units.
(a) 
Market-rate housing shall comprise no more than 75% of all housing units constructed in any one project.
(b) 
In addition, the following minimum floor areas must be provided:
Unit Type
Minimum Livable Floor Area Per Dwelling Unit
(square feet)
Efficiency
600
1-bedroom
750
2-bedroom
950
3-bedroom
1,100