Cresskill City Zoning Code
ARTICLE XXVIII
Planned Unit Residential Development PURD
§ 275-97 Purpose.
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.
§ 275-98 Principal permitted uses.
The following are principal permitted uses in a planned unit residential development:
§ 275-99 Permitted accessory uses.
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.
§ 275-100 Affordable housing.
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.
§ 275-101 Commercial uses.
[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.
§ 275-102 Residential unit type, distribution and size.
[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.
§ 275-103 Required facilities.
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.
§ 275-104 Minimum tract size.
The minimum tract size shall be 18 acres.
§ 275-105 Maximum building height.
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.
§ 275-106 Bulk standards.
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.
§ 275-107 Utilities and services.
[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]
§ 275-108 Design standards.
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.
§ 275-109 Design standards for senior housing.
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.
§ 275-110 Common open space and recreation areas.
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.
§ 275-111 Off-street parking.
[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.
§ 275-112 Timing and phasing.
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.
§ 275-113 Improvements.
[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.
§ 275-114 Regional contribution agreement.
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.
§ 275-115 Findings for planned developments.
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.
§ 275-116 Developer's agreement.
[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.
§ 275-117 When effective.
§ 275-118 Severability.
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.
§ 275-119 Repealer.
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.