[Added 9-20-2006 by Ord. No. 06-22-1324]
The provisions of Article XXVIII, Planned Unit Residential Development (PURD), shall apply to the PUD Building Zone except as modified herein. Nothing in this article shall be deemed to modify or revise the PURD regulations as they apply to PURD-zoned lands.
The purpose of this article is to:
The following are principal permitted uses in
a planned unit development:
A.
Permitted first-floor uses include banks and retail
businesses and administrative and professional offices.
B.
Permitted upper-floor (second, and third if applicable)
uses include rental residential multifamily apartments and affordable
family housing for rent in compliance with the requirements of the
New Jersey Council on Affordable Housing.
C.
Public buildings, structures and uses.
The following are permitted accessory uses in
a planned unit development:
A.
Uses and structures that are customary and incidental
to the principal permitted uses, such as off-street parking, signs,
garages, open space and recreation areas.
The developer shall provide and construct a
minimum of six units of affordable housing, half of which shall be
for low-income families and half of which shall be for moderate-income
families. All shall be rental units constructed on site as a component
of any development, subject to COAH certification.
The developer shall include all facilities required
by law which are necessary to be maintained as a COAH-certifiable
rental unit inclusive development so that COAH restrictions are legally
enforceable.
The minimum tract size shall be 80,000 square
feet.
The maximum building height shall be three stories or not more than 39 feet in height measured to the top of the roof peak. The gutter line is to be not more than 30 feet in height. Building height shall be measured in accordance with the definition of "height" contained in § 275-3 of these regulations.
The bulk, area, and height standards of this
PUD Zone mimic those of the adjacent PURD Zone and are as follows:
All constructed land uses shall be served by
public water and sewer. All utilities shall be installed underground.
A.
A comprehensive design plan shall be prepared for
the entire PUD. 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.
A landscaped buffer shall suitably screen the Conrail
right-of-way and adjoining nonresidential uses (excluding parks) from
the development.
C.
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 and patrons. Due consideration
shall be given in planning walks and ramps to prevent slipping or
stumbling. All site features shall be designed in accordance with
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 site
users depending on anticipated nighttime use.
A.
Not less than 14% of the tract area shall be in common
open space. As part of the common open space, the Tenakill Brook 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.
A.
For residential uses, the New Jersey 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 on public roads.
[Amended 4-16-2008 by Ord. No. 08-09-1351]
B.
For commercial uses, one parking stall shall be required
for every 175 feet of floor area (not including common areas).
[Amended 4-16-2008 by Ord. No. 08-09-1351]
C.
It is recognized that the commercial parking ratio specified in § 275-142B above is less demanding than the Borough's requirement for commercial parking elsewhere within the Borough. This is because, for this mixed-use PUD Zone, this requirement already incorporates the benefits of shared parking. As a result, any further reduction in the parking requirement that might be granted for shared parking under the provisions of § 275-69H. Combined spaces, or otherwise, shall only be granted by variance relief.
[Amended 4-16-2008 by Ord. No. 08-09-1351]
D.
In order to make the most efficient use of all parking
stalls at all hours and on all days, no assigned parking shall be
permitted.
The PUD shall be developed in no more than one
phase for each two acres of site area.
The Planning Board shall approve an improvement
plan. All improvements shall be installed prior to the granting of
final approval. 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 that are impacted by seasonal
weather conditions for a stated period of time, but not Bergen County
or state-required approvals.
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.
A condition of any approval shall be the execution
of a developer's agreement signed by the property owner(s) within
the PUD, to be reviewed by both the Planning Board and the Borough
attorney, ensuring compliance with the terms of this article.
This article shall take effect immediately upon
final passage and publication according to law.
In case any article, section or provision of
this article shall be held invalid by any court, the same shall not
affect any other article, section or provision of this article 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 article
are hereby repealed; however, the adoption of this article 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.
