[Added 7-21-1999 by Ord. No. 99-6-1207]
The purpose of this article is to:
A.
Provide diversified housing opportunities in the Borough.
B.
Increase housing options for the Borough's growing
aging population.
C.
Address the Borough's affordable housing obligation.
D.
Promote the coordinated redevelopment of the entire
industrial area adjacent to the Conrail right-of-way, which will be
more compatible with the adjacent residential neighborhoods.
The following are principal permitted uses in
a planned unit residential development:
The following are permitted accessory uses in
a planned unit residential development:
A.
Uses and structures which are customary and incidental
to the principal permitted uses, such as off-street parking, signs,
garages, open space and recreation areas.
B.
Support services. Support services for assisted-living
residences/congregate housing may include indoor and outdoor recreation
space, physical therapy, entertainment/exercise rooms, library, food
preparation and dining areas, linen and housekeeping services, health-care
facilities, administrative offices, storage facilities, beauty salons
and an in-house gift shop. All support facilities, functions and services
arc intended for the use and benefit of the residents of the facilities
and their guests only.
The developer shall provide a minimum of 44
units of low- and moderate-income housing of which 18 rental family
units shall be constructed on site as a component of any development,
subject to COAH certification. The remaining units shall be addressed
through a regional contribution agreement (RCA) at a minimum cost
of $20,000 per unit or such greater amount as per COAH regulations
and as approved by COAH.
[Amended 4-2-2003 by Ord. No. 03-02-1261]
Banks and businesses, administrative, or professional
offices are permitted in the commercial area of the PURD Zone that
fronts on Madison Avenue and has a depth not greater than 200 feet.
The bulk, area, and height standards of the C Commercial Zone shall
apply. In addition, a maximum building footprint of 7,500 square feet
for all commercial uses is allowed.
[Amended 4-2-2003 by Ord. No. 03-02-1261]
There shall be a range of housing types and
density in accordance with the following:
A.
A maximum of 75 multifamily units with on-site parking as required by applicable Residential Site Improvement Standards of the New Jersey Department of Community Affairs, but not less than two spaces per unit, may be provided on a minimum five-and-five-tenths-acre parcel of which at least 18 units shall be low- and moderate-income family rentals or as is otherwise required by COAH or NJHMFA. A maximum of 60% of the market rate units shall be two-bedroom units and the remaining market rate units shall be one-bedroom or efficiency units. The affordable units shall comply with all COAH and NJHMFA requirements. The minimum five-and-five-tenths-acre parcel may not contain commercial uses as detailed in § 275-101.
B.
A maximum of 90 independent senior housing units may
be provided on a minimum four-acre parcel with onsite parking as required
by applicable Residential Site Improvements Standards of the New Jersey
Department of Community Affairs, or as otherwise approved by the Cresskill
Planning Board as permitted by law. Residents shall be 55 years of
age or older with the following exceptions:
(1)
A member of a couple under the age of 55 years who
is residing with his/her partner who is 55 years of age or over.
(2)
If required by applicable federal or state law, unemancipated
children (as defined under New Jersey law) residing with their parents
or parent where one of the parents with whom the child or children
are residing is 55 years of age or over.
(3)
One adult under 55 years of age will be admitted as
a permanent resident if it is established that the presence of such
person is essential to the physical care of one or more of the adult
occupants who shall be 55 years of age or older.
C.
A maximum of 165 congregate-care units and assisted-living
units may be provided on a minimum seven-acre parcel, of which not
more than 80 units can be congregate care and not more than 85 units
can be assisted living. One- and two-bedroom units shall be provided.
Residents shall be 55 years of age or older. The following exceptions
are applicable to the congregate-care and assisted living units:
(1)
A member of a couple under the age of 55 years who
is residing with his/her partner who is 55 years of age or over.
(2)
One adult under 55 years of age will be admitted as
a permanent resident if it is established that the presence of such
person is essential to the physical care of one or more of the adult
occupants who shall be 55 years of age or older.
The developer shall include all facilities required
by law which are necessary to be maintained as a seniors-only housing
project so that age restrictions are legally enforceable.
The minimum tract size shall be 18 acres.
The maximum building height shall be three stories
or not more than 42 feet in height measured to the top of the roof
peak. The gutter line is to be not more than 30 feet in height, measured
from the floor line of the first floor. Maximum building height shall
be measured from the top of the foundation slab. The foundation slab
shall not be more than five feet above grade.
Bulk standards shall be:
A.
Maximum tract impervious coverage: 65%.
B.
Maximum tract building coverage: 27%.
C.
Minimum perimeter building setback from property line:
60 feet.
D.
No portion of a residential building shall be closer
than 25 feet to an internal driveway or roadway, provided that a porte
cochere shall be permitted to be extended into the cul-de-sac of an
internal driveway, and further provided that a residential building
may be placed a minimum of 15 feet from the bulb of a cul-de-sac.
[Amended 4-2-2003 by Ord. No. 03-02-1261]
A.
All residential units and commercial uses shall be
served by public water and sewer. All utilities shall be installed
underground.
C.
A senior citizens' ADA-accessible bus/jitney capable
of seating at least eight adults shall also be provided within the
PURD that will be used to serve the residents of the assisted-living
and congregate-care units. At all times, the bus shall not be more
than five years old. Said bus/jitney shall be situated on the site
containing the assisted-living and congregate-care facility and shall
be maintained on said site by the owner or operator of the site in
perpetuity at no cost to Cresskill. [2]
[2]
Editor's Note: Former Subsection D, regarding
the location of the on-site ambulance service, and Subsection E, regarding
any expenses incurred by the Borough becoming a tax lien, which immediately
followed this subsection, were repealed 4-20-2005 by Ord. No. 05-06-1293]
A.
A comprehensive design plan shall be prepared for
the entire PURD. The combined complex of residential housing types
shall have a compatible architectural theme with variations in design
to provide attractiveness to the development, which shall include
consideration of landscaping, building orientation to the site and
to other structures, natural features, staggered building setbacks,
changing rooflines and roof designs and vertical or horizontal orientation
of the facades.
B.
An appropriately sized outdoor area shall be provided
for residents' use and shall be suitably landscaped and equipped with
benches, walks and privacy/security fences as dictated by the particular
design.
C.
A landscaped buffer shall suitably screen the Conrail
right-of-way and adjoining nonresidential uses (excluding parks) from
the development.
D.
The facade of all buildings shall be primarily brick
and stucco.
A.
There shall be provided a safe and convenient system
of walks accessible to all occupants. Due consideration should be
given in planning walks and ramps to prevent slipping or stumbling.
Handrails and ample space for rest shall be provided. All walks, paths
and risers shall be designed according to the requirements of the
Americans with Disabilities Act (ADA).
B.
Artificial lighting shall be provided along all walks,
interior roads and driveways and in all off-street parking areas,
with sufficient illumination for the safety and convenience of older-age
residents depending on anticipated nighttime use.
C.
The interior of a senior unit shall be designed to
accommodate the reasonable physical impairment of residents.
A.
Not less than 20% of the tract area shall be in common
open space. As part of the common open space, the Tenakill River will
be preserved, and a walkway will be developed along the banks. The
common open space may be dedicated to the Borough if the Borough accepts
such dedication or may be maintained in a manner approved by a written
developer's agreement.
B.
As part of the open space provided on the tract, a
minimum of 15,000 square feet shall be provided as active/passive
outdoor recreation areas for senior citizen residents and for the
multifamily development.
[Amended 2-18-2015 by Ord. No. 15-02-1470]
A.
Where applicable, the Residential Site Improvement
Standards (RSIS) shall apply; however, a minimum cartway width of
30 feet shall be required on public roads, and no on-street parking
shall be permitted.
B.
Banks: one space per 300 square feet of gross floor
area.
C.
Medical offices: five spaces for each physician.
D.
All other offices: one space per 300 square feet of
gross floor area.
A.
The PURD may include more than one phase or project,
except that the 75 units which will contain the affordable housing
units shall be in the first phase and shall be completed prior to
the issuance of a certificate of occupancy for any other phase or
project.
C.
The Planning Board shall consider in its approval
of the timing and phasing schedule, the adequacy of design of each
phase to stand independently of other phases at any time.
D.
Approvals may stipulate that before building permits
are issued for any subsequent phase, previously approved plans shall
be completed.
E.
Final approval may be granted separately for each
phase or project. However, prior to granting final approval, a conceptual
plan or preliminary development plan shall be under review by the
Board, in which case the Board shall find that such final approval
will not be detrimental to the overall development of the tract.
[Amended 4-2-2003 by Ord. No. 03-02-1261; 4-20-2005 by Ord. No. 05-06-1293]
The Planning Board shall approve an improvement
plan. All improvements, except those designed to serve only one specific
section of the PURD, shall be installed prior to final approval of
the first phase. No building permit shall be issued prior to the installation
of improvements, except the Planning Board may waive the final coat
of roads or such other improvements which are impacted by seasonal
weather conditions for a stated period of time, but not Bergen-County-
or state-required approvals.
Payment by the developer for the RCA pursuant to § 275-100 minus $100,000 shall occur simultaneously with the following:
A.
One-half of the payment at the issuance of the first
building permit for any of the PURD development.
B.
One-half of the payment at the issuance of the first
certificate of occupancy for any of the PURD development; provided,
however, that in no event shall the first payment be later than 12
months after this article takes effect, and in no event shall the
second payment be later than 18 months after this article takes effect.
Prior to approval of the planned development,
the Planning Board shall find the following facts and conclusions:
A.
That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
the zoning ordinance standards pursuant to this section.
B.
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate.
C.
That provisions through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate.
D.
That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established.
E.
In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
[Amended 4-2-2003 by Ord. No. 03-02-1261]
A condition of any approval shall be the execution
of a Revised Developer's Agreement signed by all present, non-commercial
property owners within the PURD to be reviewed by both the Planning
Board and Borough attorney ensuring compliance with the terms of this
ordinance. Among other requirements said Agreement shall require an
application by the developer for a railroad crossing permit and installation
of an emergency traffic control device on the site.
This ordinance[1] shall take effect immediately upon final passage and publication
according to law.
[1]
Editor's Note: Ord. No. 99-6-1207, adopted
7-21-1999.
In case any article, section or provision of
this ordinance shall be held invalid by any court, the same shall
not affect any other article, section or provision of this ordinance
except so far as the article, section or portion so declared invalid
shall be inseparable from the remainder of any portion thereof.
Any and all Borough ordinances or parts thereof
in conflict with or inconsistent with any of the terms of this ordinance
are hereby repealed; however, the adoption of this ordinance shall
not prevent or bar the continuance or institution of any proceedings
for offenses heretofore committed in violation of any existing ordinances
of the Borough.
