Vernon Township City Zoning Code
§ 330-184
Supplemental regulations for certain classifications and districts.
A.
PLC Private Lake Community classification.
(1)
Goals and objectives.
(a)
Findings and purpose. The Master Plan establishes, as one of its goals and objectives, the preservation of existing residential neighborhoods and lake communities, and the review of "residential zoning standards governing the lake communities in order to avoid unnecessary variances." Id, at I-1. The Master Plan recognizes the "lake resort communities from the 1930's" and later lake communities as having unique and common qualities which are distinguishable from other residential neighborhoods and communities within the Township. Approximately 40% of the Township's residents live within the lake communities (Source: 1995 Master Plan at II-1); the largest of these is Highland Lakes, with 1,959 homes and a population of over 4,500. At page II-9, the Master Plan observes the following:
"The medium density residential land use refers to the R-3 zone which includes the existing Lake communities. The density as per the current zoning is for a 30,000 square foot lot although the Lake communities were planned out on a 10,000 square foot or smaller lot basis. This discrepancy in the zoning should be resolved since this zoning requires a variance procedure for any expansion activity of the existing homes within the lake community. Lots that were established prior to 1978 in the lake communities are grandfathered under current zoning ordinances. It is recommended, therefore, that a lake community zoning district be established which would recognize the grandfathered lots and establish appropriate zoning standards that would preclude the need for Board of Adjustment relief for minor dwelling additions without increasing the density in the community. Highland Lakes [Country Club and Community Association] prepared a master plan concerning the future management and development of its community. The establishment of this new zoning district would complement the objectives of the Highland Lakes master plan. The Highland Lakes master plan indicates that it is very important that homes be permitted to improve and the zoning should be so structured to permit these improvements. This will also achieve the same objective for the other lake communities."
[1]
It is therefore the purpose of this section and the corresponding standards reflected in Schedules A and B[1] to reconcile these purposes and prevailing conditions with appropriate zoning standards to the benefit of the lake communities.
[1]
Editor's Note: Schedules A and B are located at the end of this chapter.
[2]
It is also the purpose of this section to encourage the private lake communities to prepare and adopt express community policies and/or standards with respect to land development and redevelopment within a private community, and to file a statement of the same with the Township Clerk for the benefit of the Township Council, Mayor, Zoning Official, Planning Board, Zoning Board of Adjustment, Road Department and other agencies and officials. (Amended 4-27-2015 by Ord. No. 2015-08)
(b)
Principles. Renovation, rehabilitation and improvement of developed private properties and common properties of private lake community associations ("PLCAs") shall be and is hereby encouraged. Adaptive use and reuse of historical and older examples of lakestyle architecture in the older lake communities is distinctly favored. Suitable and desirable improvements to lakes and lakeshores and their appurtenances is distinctly favored. Improvement of parks, playgrounds, playing fields and courts, and other common facilities or amenities is encouraged. The suitable construction, reconstruction, renovation, or expansion or other improvements to clubhouses or other buildings or structures owned and operated by PLCAs is encouraged.
(c)
Community Plan; FCP. Every private lake community association (PLCA) shall be permitted and is encouraged to file with the Township Clerk a community plan, in written and/or graphic form, including but not limited to composite elements such as the community charter, by-laws, rules and regulations, master or originating deeds, restrictive covenants and easements; together with descriptive statements and/or plans as to requirements, standards or policies with respect to development, construction, architecture, property maintenance, roadways and circulation, utilities (including common water supplies, and drainage structures and facilities), environmental features and conservation measures, recreational facilities and other common elements or facilities. The Township Clerk shall distribute copies or the community plan to the Township Council, Mayor, Zoning Official, Planning and Zoning Administrator, Secretary to the Planning Board and Zoning Board of Adjustment, Road Department and such other agencies or officials as the Township Council or Mayor shall deem appropriate. The Planning Board shall consider the suitability and completeness of the community plan and shall do so by affording the PLCA an opportunity to be heard thereon, either by and before a committee of the Board or by and before the entire Board. The Planning Board or a committee of the Board is encouraged to lend technical and other assistance to the PLCA in connection with the community plan and is encouraged to develop a checklist or other instructional material concerning a proper community plan submission.
[Added 6-12-2006 by Ord. No. 06-16; amended 4-27-2015 by Ord. No. 2015-08]
[1]
Upon finding that a PLCA has made a proper filing of a meaningful community plan with the intent and purpose of this section, the Board shall adopt a resolution acknowledging the filing of the community plan for the purposes of this section. Such resolution shall not be unreasonably withheld as a matter of qualitative analysis if the submission substantially satisfies the quantitative requirements of the checklist, nor shall a PLCA be precluded from having the plan filed simply because the history, organization, patterns, resources or other factors of the PLCA do not reasonably allow or prepare it to offer information with respect to one or more elements of a community plan submission.
[2]
Upon adoption of a resolution acknowledging the filing of a community plan, a true copy of such resolution shall be forwarded by the Planning Board Secretary to the Township Clerk for distribution as set forth above. The community plan shall be marked "filed" and shall thereafter be a Filed Community Plan (FCP) for purposes of this section. For purposes of eligibility under this section, such FCP shall be updated and re-examined by the Planning Board at least once every six (6) years after initial filing in accordance with the same procedures described herein.
(d)
If a PLCA has an FCP and if the PLCA shall thereafter make application for a building permit or other permit within the contemplation of this chapter with respect to its common elements and property, the PLCA shall be eligible for the following expedited procedure:
[1]
Applications for permits involving development normally or potentially requiring formal site plan approval associated with the PLCA's principal use(s), building(s) and/or parking facilities. Minor site plan submission and review per § 330-50 irrespective of the fact that the proposed development would exceed the scope of that term and the procedure therefor as defined in § 330-2 and contemplated in § 330-50.
[2]
Development projects normally or potentially requiring only minor site plan approval: exempt.
[a]
For purposes of construing this subsection, the following development or redevelopment activities by a PLCA shall not require site plan approval:
[i]
Reconstruction or rehabilitation of dams and lakes;
[ii]
Construction or reconstruction of docks, boat racks and boat storage facilities;
[iii]
Construction or reconstruction of structures and buildings other than principal buildings as defined in § 330-2;
[v]
Construction or alteration of play fields, play courts, playgrounds, racquet sports facilities, beaches, parks, boat launches, and substantially similar uses and structures.
(e)
Applications by members in good standing of a participatory PLCA. An applicant for a building permit concerning an addition to a nonconforming residence in a PLC District within the contemplation and criteria of § 330-182 who is a member in good standing of a PLCA for which there is an FCP shall enjoy a rebuttable presumption that the proposed addition is permissible and that no variance is necessary. The applicant shall supply evidence that the permit application meets PLCA standards and/or, where appropriate, has been approved by the PLCA.
B.
Town Center District and design guidelines for Town Center District and C-2 Commercial District.
[Adopted 12-22-1999 by Ord. No. 97-16; amended 12-13-1999 by Ord. No. 99-27. Repealed and replaced 3-25-2013 by Ord. No. 13-04]
(1)
Purpose. It is the purpose of this district to create a mixed-use Town Center in the Township of Vernon which provides for commercial, residential and senior housing uses in a development pattern and with design guidelines that promote a pedestrian scale center that reinforces the unique sense of place of Vernon. Where requirements of this section are in conflict with other sections of the Township Ordinance, this section shall supersede those requirements. The General Design Standards, Section 330-184B(5) shall also apply to the C-2 District.
(2) APARTMENT AWNINGS BALCONY BASE BRACKETED BLADE BUILDING BAY CANOPY CAP CLADDING CULTURAL FACILITIES CUPOLAS DUPLEX E.I.F.S. FACADE FIRST FLOOR LIVE/WORK UNIT MIXED-USE BUILDING MULLION MULTIFAMILY MUNTIN RSIS SECONDARY STREETS SIDEWALK DISPLAYS STREET FURNITURE TAVERN TRANSOM WASHING
Definitions. For the purposes of this section the following definitions shall apply:
A rental or condominium dwelling unit limited to a minimum of 500 square feet.
A retractable or permanently affixed device on a storefront or over a building entrance or window that provides shelter from light or the elements.
A platform that projects from the wall of a building and is surrounded by a railing, balustrade, or parapet.
The lowest part of a structure, such as a wall, considered as a separate unit: the base of a column.
Type of wall mounted sign that projects perpendicular to the building wall held in place by a bracket.
Building facades defined by columns, pilasters, and architectural recesses to create distinct areas along the building wall.
A permanent structure designed to shelter persons or activities from the elements. May be freestanding or attached.
The topmost member of any vertical architectural element, often projecting, with a drip edge as protection from the weather, e.g. the lintel of a door.
The exterior feature of a building; the veneer.
Establishments that document social, intellectual and artistic events including museums, art galleries and libraries.
A vaulted roof or ceiling or a small dome set on a circular or polygonal base or extending beyond the main ridge line of the roof.
A one-family dwelling unit attached to one other dwelling unit in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from the other by a vertical common fire-resistant wall.
Exterior Insulation Finishing Systems - Multi-layered exterior wall systems that are used on both commercial buildings and homes.
The face or front of a building, especially the principal face.
The street level floor of the building as it orients to the front or main entrance of the building.
A combined apartment space and office/studio space for professionals, service providers and artisans. Live work units are mixed-use units with an interior connection from the commercial space to the living space.
Uses contained in multi-story structure with commercial use on ground level and apartment dwellings, offices or commercial uses on the upper levels. A mixed-use building may also contain live/work units.
A structural member that separates ganged windows, doors and transoms.
Any building housing three or more dwelling units containing one or more stories.
A framing member that divides panes of glass in a window or simulates divisions in window.
Residential Site Improvement Standards.
Secondary streets are any streets in the Town Center except County Route 515, NJSH Route 94, Main Street and Church Street.
Temporary, movable signage, tables and merchandise that could be placed on the sidewalk for display purposes.
The functional elements of streetscapes including but not limited to benches, trash receptacles, planters, telephone booths, kiosks, sign posts, streetlights and bollards.
An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.
A horizontal window located over a door or another window separated by a horizontal mullion.
The practice of illuminating an entire building facade with floodlights.
(3)
Permitted uses. A mix of uses is permitted based on building types designated as such. Unless expressly permitted below, all other uses are deemed to be prohibited.
[Amended 12-12-2016 by Ord. No. 2016-27]
(a)
Antiques Shop.
(b)
Arts Center or Gallery.
(c)
Age-Restricted Housing: Defined as residential units with a minimum of 80% of the residences occupied by persons 55 years of age and older, and the remainder not having any units occupied by persons less than 45 years of age, are permitted. Age-restricted housing is permitted on second floors over retail/commercial uses. Age-restricted housing is permitted in a stand-alone building when fronting on secondary streets. Age-restricted housing is not permitted in basement levels.
(d)
Apartments/Condominiums: Permitted on the upper floor(s) above commercial and retail uses. Apartment and condominiums buildings are permitted when fronting on secondary streets. Apartments are not permitted in basement levels unless part of a single unit with above ground residential space.
(e)
Banks, Savings and Financial Institutions.
(f)
Banquet Halls and Catering Facilities.
(g)
Bed-and-Breakfast: Permitted with a maximum of 15 rooms.
(h)
Bus Shelters: Design shall be consistent with the street furniture.
(i)
Business Services.
(j)
Child Care Center: Shall be permitted, consistent with N.J.S.A. 40:55D-66.6. They may be located on the first or second floor of buildings. Children pick-up and/or drop-off area(s) shall not be directly located in Main Street, Route 94, or Route 515.
(k)
Civic and Institutional Uses, including Governmental Uses.
(l)
Community Centers.
(m)
Community Residences for the Developmentally Disabled: Permitted on the second floor of mixed use buildings or residential buildings having an ADA accessible elevator.
(n)
Convenience Stores: Permitted having a minimum of 1,500 square feet and a maximum 4,000 square feet.
(o)
Cultural Facilities.
(p)
Drive-Through Facilities: Permitted as an accessory use to a principal permitted use when located to the side or rear of a facility.
(q)
Health Care Facility.
(r)
Health Clubs.
(s)
Health Services.
(t)
Inns and Bed and Breakfast Facilities: Permitted with a fifteen (15) room maximum.
(u)
Live/Work Units: Permitted with first floor commercial and second, or upper floor residential space.
(v)
Non-Residential (social type) Lodge: Permitted on second floor of mixed use buildings or in a stand-alone building.
(w)
Offices and Office Buildings: Not permitted on the first floor on Main Street.
(x)
Place of Worship.
(y)
Retail and Service Establishments.
(z)
Recreation Facility, Commercial, Public, or Private: Permitted as indoor facilities or outdoor public park, plaza or square.
(aa)
Restaurants: Fast food restaurants shall be permitted on the first floor only of mixed-use buildings or as separate stand-alone facilities provided they are not fronting on Main Street.
(bb)
Restaurant, Take Out or Pick Up Facilities: Permitted on the first floor.
(cc)
School Bus Shelter: Design shall be consistent with the street furniture.
(dd)
Shelter and Adult Care Facilities.
(ee)
Shopping Center and Specialty Shopping Centers: Defined as having two or more retail establishments. The minimum lot size shall be 2 acres and a maximum building size shall be 50,000 square feet, having a minimum of two retail establishments, one such retail establishment shall have a minimum of 4,000 square feet.
(gg)
Specialty Food Store: Permitted with a 1,500 Square feet minimum and 4,000 square feet maximum size for the use.
(hh)
Supermarket: Permitted with maximum of 90,000 square feet of gross building area with a required two-story building design.
(ii)
Temporary Outdoor Activity: Permitted with written permission from the Township of Vernon.
(jj)
Theaters and Amphitheaters.
(kk)
Bars, Brewpubs, Craft Breweries or Distilleries or Wineries.
[Ord. No. 2016-27]
(4)
Bulk standards.
(a)
Facades: Buildings shall appear to be a minimum of 2 stories. Second stories are not required to contain usable space; however the facades of the building should be 2 stories.
(b)
Bulk standards for the Town Center Zone are:
[1]
Minimum lot width — 120 feet.
[2]
Front yard setback — Minimum 14 feet from back of curb.
[3]
Side yard setback — 7.5 feet.
[4]
Rear yard setback — 5 feet.
[7]
Maximum building height — 50 feet.
[8]
Roof type — Pitched roofs are permitted. Flat roofs shall have parapets. Mansard roofs are also permitted.
[10]
Parking, residential — As per RSIS standards.
[11]
Shared parking is encouraged. In order to promote more efficient use of parking facilities, a parking space may be counted towards the parking requirement for two or more different uses provided that the parking is within 250 feet of the use and the use is on the shared parking factor table. The shared parking factor illustration below shows how shared parking can be calculated for two uses within the same vicinity of one parking area. The shared parking factor is used by adding together the parking requirement for each function then dividing it by the shared factor. For example, if a residential use requires 10 spaces and retail use requires 10 spaces, the total number of 20 spaces is divided by the shared parking factor of 1.2, yielding a requirement of 17 spaces. The shared parking factor should be utilized for uses in adjacent blocks within the proximity of a shared lot. When three functions share parking, the lowest factor should be used to assure enough parking is provided.
[12]
Shared Parking Factor Table.
 |
[13]
Impervious coverage — 85%.
[14]
Building coverage — 70%.
[15]
Residential units — A rental or condominium dwelling unit must have a minimum of 500 sq. ft. of livable space.
(5)
General design standards: Applicable in the TC District and the C-2 District, with exceptions as noted.
(a)
Architectural attributes.
[1]
Buildings in the Town Center District shall be designed to evoke the architectural attributes of mountain village architecture, alpine architecture, or the colonial architectural elements of historic Vernon buildings. Building materials shall contain mountain resort architectural elements such as timber framing, cedar shake shingles and field stone, or traditional architectural elements such as clapboard siding, gable roofs and window shutters.
[2]
The building mass, footprint and architecture shall be designed to create an attractive visual presence at a pedestrian scale. Mixed-use buildings are encouraged with commercial on the ground floor and offices or apartments on the upper floors. Historic structures shall be preserved and renovated in a sensitive manner to preserve the Township's history. All sides visible from a street or parking area shall be "finished" with architectural features.
[3]
The following photographs represent architectural and design elements that are desired in the Town Center and C-2 Districts:
 |  |
 |  |
 |  |
 |  |
(b)
Building types. The following diagrams show examples of building types permitted in the TC District. Additional building types may be permitted by the Land Use Board subject to the design standards of this subsection. Building types are not applicable to the C-2 District.
(d)
Building Setbacks.
[1]
See Schedule B — Bulk and Yard Requirements, which may be found at the end of this chapter.
[2]
Buildings shall be located close to the front lot line to establish a defined building edge along the street; however, there shall be setback variation along the building façade to accommodate recessed courtyards, outdoor nooks for tables, wall treatments and entry alcoves to add visual interest.
(e)
Building materials and colors.
[1]
All building materials and colors used on the exterior of a building shall be compatible with its overall design. Wood clapboard, or manufactured equivalent, is recommended. Natural wood or cedar shake siding is also recommended. Natural or cultured stone is recommended as a primary accent material especially for building foundations, decorative piers and columns. Textured wood siding is recommended. Textured vinyl, cement fiber materials (if they appear similar to clapboard or split batten boards) and brick are permitted. Vinyl siding (non-textured), aluminum siding, non-decorative concrete block and other similar materials are prohibited. Stucco or stucco-like products such as drivit or E.I.F.S. may be used only as an accent material and not encompass more than 40 percent of the wall surface.
[2]
Building colors shall utilize historic paint colors such as Sherwin Williams' Preservation Palette or Benjamin Moore Historic Color Collection. However, other creative color patterns and schemes will be considered. The building colors shall include a base color, complementary trim colors, and accent colors for doors and shutters.
[3]
For existing buildings under 50 years old, replacement or retention of original materials shall depend upon the visual prominence of the building, the features to be replaced and the building's compatibility with adjacent structures.
[4]
Historic structures, over 50 years old, are encouraged to be retained and rehabilitated in keeping with the original building character to the greatest extent possible.
[5]
Buildings with multiple storefronts shall include variations in roofline and building height to define the individual stores within a building block.
[6]
Buildings with multiple storefronts shall be unified through the use of architecturally compatible styles, materials, colors, details, awnings, signage, and lighting fixtures on all storefronts.
[7]
Changes in building material should occur at a logical place, such as a change in building mass, roof or an inside corner.
(f)
Building walls.
[1]
Blank windowless walls are strongly discouraged. The façade shall be broken up into sections or bays to provide variety and interest. These bays or sections shall be a minimum of 20 feet wide and a maximum of 36 feet wide. Columns, recesses, variations in the rooflines shall be used to break up the wall of the building into smaller sections. Variations in building materials, patterns and colors shall also be used to differentiate the building wall. Landscaping can also be used to break up a blank wall area.
[2]
Building facades shall provide unified design with a clearly defined building entrance. Recessed entrances are encouraged similar to those on older commercial buildings. Columns, awnings, canopies and pilasters can be used to define the entryway. Doors and window trim shall be used to highlight these features.
[3]
The architectural treatment of the front façade shall continue around all visible exposed sides of a building. Each façade of a building shall be consistent in style, materials, colors and details. Buildings shall have a defined base and cap. The base may align with the window sill level of the first floor, the foundation edge, or the ground with foundation plantings. The cap of the building includes the building cornice, parapet or eaves at the top of the building wall.
[4]
The outside face of any column shaft will align with the outside face of the frieze board or beam above. The column cap will project beyond the face of the frieze board or beam, both at the inside and outside face of the column shaft and beam above. The column base is typically larger than the capital and will be, or "appear" as, solid stone, brick or wood. Visible aluminum vent blocks are inappropriate and will be discouraged. The foundation or porch edge must be extended beyond the edge of the frieze or beam above to allow proper column alignment. All columns shall be of wood, masonry, or a composite material and properly flashed to allow for a long lasting waterproof condition.
[5]
Fire escapes are not permitted on the front façade wall.
(g)
Roofs and roof material.
[1]
Roofs shall be designed to reflect the style of the historic Vernon structures in terms of pitch and materials. They shall be compatible with the building's architecture and complementary to adjoining structures. Roof offsets, dormers and gables are encouraged. Architectural embellishments including towers, cupolas, chimneys, dormers, and cross gables can be used to break up large roof masses and add visual interest.
[2]
Gable roofs with a slope of no less than 6:12 (excluding porches and dormers) are recommended. Flat roofs are discouraged on one and one-and-a-half story buildings. Flat roofs on two- and three-story buildings shall include a decorative parapet wall at least two 2 feet in height above the roof level up to 6 feet high.
[3]
Roof material shall be textured asphalt shingles, slate, slate-like tiles or wood shingles, in dark earth tone colors compatible with the architecture of the building. Metal roofs or panels may be permitted particularly as accent features.
[4]
Roofs shall be designed to hide rooftop service equipment.
(h)
Windows.
[1]
Windows shall have a vertical orientation and alignment. The window arrangement shall be in a unified pattern with the windows on the upper levels vertically aligned with the windows and doors on the ground level. The window locations and rooflines shall be compatible with adjoining building bays and adjacent buildings.
[2]
First floor windows shall have a window sill height of not more than 2 feet.
[3]
The first floor windows of commercial uses shall be transparent to encourage pedestrian activity and be designed to accommodate displays. A minimum of 50% of the ground floor wall area shall be transparent. On the upper floors, a minimum of 30% of the wall area shall be glazed.
[4]
Windows with mullions are encouraged. Reflective and overly tinted glass are prohibited. Outside window gates are prohibited.
 |
|---|
First Floor Window Example |
(i)
Building location and orientation.
[1]
Buildings shall be located to front towards and relate to public streets, both functionally and visually.
[2]
In a multiple building development, buildings located on the interior of a site shall front towards and relate to one another, both functionally and visually. To the extent possible, multiple building developments shall be organized around features such as courtyards, quadrangles and alleys, which encourage pedestrian activity and incidental social interaction among users. Smaller, individualized groupings of buildings are encouraged.
[3]
Buildings shall be located appropriately to allow for adequate fire and emergency access.
(j)
Building height — Additions.
[1]
Extensions of existing buildings, particularly those with architectural character, shall require careful attention. Additions which overpower or conflict with the original architecture shall not be permitted. Additions which maintain a sense of continuity, through setbacks, compatible colors and materials, and similar geometric relationships are encouraged.
(k)
Service equipment.
[1]
All air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be screened from public view, by using walls, roof elements, penthouse-type screening devices or landscaping, designed to be architecturally compatible with the building's style, materials, colors and details.
[2]
Fire escapes shall not be permitted on a building's front facade. In buildings requiring a second means of egress pursuant to the Uniform Construction Code, internal stairs or other routes of egress are preferred. Only in exceptional circumstances shall an attached external fire escape be permitted as one of the required means of egress, and only if located, on a building's rear or side elevation.
(l)
Security gates.
[1]
Solid metal security gates or solid roll-down metal windows shall not be permitted. Link or grill type security devices shall be permitted only if installed from the inside, within the window or door frames; or, if installed on the outside, if the coil box is recessed and concealed behind the building wall.
[2]
Security grilles shall be recessed and concealed during normal business hours. Models which provide a sense of transparency, in light colors, are encouraged.
(m)
Lighting.
[1]
Decorative fixtures shall be used both along the street edge and private walkways to establish a consistent lighting design theme. Fixtures shall be Hadco Independence (V151) fixtures in black, double-headed, in black with decorative post and shaft as shown below, or an equivalent light fixture and pole approved by the Land Use Board. Downward facing lights may be approved by the Land Use Board for interior parking areas.
 |  |
|---|---|
Hadco Independence Light Fixture Double-headed with Flag Posts | Hadco Independence Light Fixture (V151) |
[2]
Other lighting fixtures such as decorative sign lighting and building accent lighting shall be reviewed on a case-by-case basis in accordance with these guidelines.
[3]
Pole-mounted light fixtures, bollards and wall-mounted fixtures shall follow an approved lighting design plan. Twelve-foot high decorative light poles and metal halide lamps shall be used. Lighting intensity shall be consistent with the Land Development Section 330-80. House side shields must be provided where abutting a residential use. Low-pressure sodium, fluorescent, or mercury vapor lighting, either attached to the exterior building façade or to light the exterior of the building is prohibited. Neon lighting is prohibited.
[4]
Wall-mounted light fixtures used for street, driveway and alley illumination are permitted. Wall-mounted menu boards shall be detailed and complement the storefront design.
[5]
Wall-mounted light fixtures used for street, driveway or walkway lighting shall match the approved Town Center Design Specifications. Lighted bollards may be used as decorative lighting along walkways and in plaza areas in place of the approved light fixture.
[6]
Building facades may be lit from the exterior. Such lights shall be concealed through shielding or recessed behind architectural features. Other wall-mounted decorative lighting such as at building entrances shall be compatible with the architectural style of the building.
[7]
Decorative street signs and traffic signal poles shall follow an approved design plan. Hanging banner and planter brackets shall be used as decorative pole elements along streets and walkways.
[8]
"After-hours" lighting which illuminates the front of the storefront while contributing to a comfortable nighttime pedestrian experience is encouraged.
[9]
Visible fluorescent bulbs, exposed exterior neon lighting, colored bulbs (except for seasonal decoration) and internally lit awnings are not permitted. Electric boxes, transformer utilities, and conduits shall be concealed from view.
[10]
"Washing" the entire building facade is not permitted.
[11]
Attached building or wall pack lighting shall be screened by the building's architectural features or contain a 35 degree cut-off shield.
(n)
Landscaping.
[1]
Extensive landscaping shall be provided. All areas of the site not occupied by building, parking and other improvements shall be intensively planted with trees, shrubs, ground, grasses and perennials. Existing trees and shrubs shall not be removed unless a tree/ shrub removal plan has been submitted and approved by the appropriate Township Official.
[2]
The landscape plantings shall be complementary to the buildings and accentuate important features. Plants shall be chosen for year round interest including color, flowers, fruit, bark interest or branching patterns. Hardy native plants shall be used where possible. Plant materials shall be selected to provide variety considering height, texture and color. Existing healthy and mature trees shall be retained and incorporated into the landscape plan where possible.
[3]
The use of planters, window flower boxes and hanging baskets is encouraged to provide seasonal color. Adequate open sidewalk areas shall be provided along the storefront being careful not to block the view of the window displays.
[4]
The landscaping shall be integrated with other site design features such as walkways, paths, gazebos, fountains, street furniture and public art.
[5]
Street trees, a minimum of 3 inch caliper at the time of planting, shall be planted along both sides of all streets in the Town Center. The bottom branches shall be trimmed to a minimum of 7 feet from the ground to allow pedestrian passage. Tree spacing shall be generally 35 feet apart with variation for driveways, lighting and other streetscape impediments.
[6]
The Town Center development shall utilize Ironsmith "Camelia" tree grates or approved equal around street trees in the sidewalk area. All landscaping shall conform to the Land Development Section 330-72.
[9]
The following small flowering trees are recommended for landscaping and parking areas.
(o)
Streetscape, sidewalks, crosswalks and public spaces (Applicable to TC District, not C-2 District)
[1]
Where not existing already, streetscape improvement shall be constructed along the road frontage of every lot proposed for development in the Town Center District. The streetscape shall include sidewalk, brick paver or landscaped area, street trees, street lights and street furniture.
[2]
Sidewalks shall be wide enough to handle pedestrians and accommodate benches, planters and street trees lights. Sidewalks along Main Street shall be a minimum width of 12 feet wide. Sidewalks elsewhere in the Town Center District shall be a minimum of 6 feet wide. A minimum 2 foot wide brick paver strip shall be constructed between the curb and the sidewalk. Walkways shall be raised and curbed along buildings and within parking lots, where suitable. Following are 2 streetscape examples:
[3]
Walkways shall be raised and curbed along buildings and within parking lots, where suitable. Scored or decorative concrete, having a limited number of raised areas, shall be the preferred material. All walkways and paved areas not within the public right-of-way may use appropriately colored pavers, at the option of the property owner. All specific designs shall be subject to Vernon Land Use Board approval.
[4]
Asphalt and non-aggregate exposed concrete slabs, clay brick, and decorative concrete pavers are permitted and shall provide a flat walking surface. Sidewalks shall be wide enough to handle pedestrians and accommodate benches, planters, street trees and street lights.
[5]
Decorative crosswalks shall be used to connect the public walkway system and help slow down traffic to create a pedestrian friendly environment.
[6]
Barrier-free walkway systems shall be provided to allow pedestrian access to buildings or uses from parking lots and public sidewalks.
 |
Pedestrian Space Example |
(p)
Parking.
[1]
Parking location.
[a]
Off-street surface parking shall be located at the rear of the building and on the interior of lots. Parking shall be accessed by means of common driveways preferably from side streets. Off-street parking shall be prohibited in any front yard setback area.
[b]
Parking on the side of buildings is discouraged; but if parking is located to the side of buildings it must be heavily screened from the street.
[c]
Parking shall be set back a minimum of 10 feet from side and rear yards and rear building façade.
[2]
Parking layout.
[a]
Parking lots shall be limited in size where possible and interconnected with commercial parking lots on adjacent properties. Shared parking areas and shared driveways are strongly encouraged. Cross access easements for adjacent lots with interconnected parking lots shall be required, in language acceptable to the Township.
[b]
Pedestrian crosswalks shall be provided within parking lots.
[c]
Parking lot design shall consider pedestrian circulation. Pedestrian crosswalks shall be provided and linked to the wider pedestrian network. Pavement textures shall be required on pedestrian access ways, and strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents.
[d]
Parking lots shall meet New Jersey ADA requirements for handicapped parking.
[3]
Parking lot landscaping.
[a]
Parking lots shall be suitably landscaped to provide shade and visual relief. At least one shade tree a minimum of 3 inch caliper in size shall be provided for every 10 cars in the parking lot. At least, 10% of the lot shall be green. A stonewall or evergreen hedge at least 4 feet in height shall be used to screen parking along the front lot line. The perimeter edge of the parking lot shall be planted with evergreen hedges, shade trees, shrubs, related ground covers.
[b]
For parking lots over 2 rows, 5 foot wide planted aisles shall be located between the rows to provide room for shade trees, shrubs and other plant materials. Also landscaping shall be installed in the parking lot islands to provide shade coverage in the parking lot. The height of any required screen shall decrease where driveways approach sidewalks or walkways, to provide adequate visibility for pedestrians from motor vehicles, and shall not interfere with sight triangle requirements. Diamond-shaped planters for trees may be utilized for tree plantings if the applicant shows there is insufficient space on the lot for the 5 foot wide planters.
(q)
Loading and service areas.
[1]
Loading and service areas, trash receptacles and utility boxes shall be placed in visually unobtrusive locations in the side or rear of the buildings. The service areas shall be integrated with the building design. Recesses in the building, or depressed access ramps can also be used. Shared area for such service areas shall be considered.
[2]
Screening shall be provided to block direct views into these areas. A solid wall, a minimum of 6 feet in height and constructed of stone or similar material compatible to the building shall be used to screen trash and service areas. Materials shall be heavy duty and able to withstand loading activities. Heavy duty, solid gates of metal or wood framed with metal shall be used to screen openings around trash and service areas.
[3]
Chain link fencing including use of wood or plastic slats and wood stockade fencing is prohibited for screening of trash and service areas.
[4]
Appropriate measures shall be taken to prevent bears and other animals from gaining access to trash receptacles and dumpsters.
[5]
Walls and fences shall in all public areas be constructed to match the architectural detail of the principal structure and shall not be located abutting residential property.
[6]
Property owners and businesses are encouraged to consolidate and share refuse areas and equipment to the best extent possible. Exterior storage units are prohibited. Storage rooms, or areas, may be built into a building, subject to proper means of pedestrian and vehicular traffic control, and further that said storage area shall be necessary as part of an approved premises or use.
(r)
Walls, fences and guiderails.
[1]
Walls and fences shall be architecturally compatible with the style, material and colors of the principal building on the lot. Fences and screen walls shall be limited to a maximum height of 4 feet except they must be 6 feet in height when used as a buffer for service area enclosures.
[2]
Walls can be used as seating walls and for privacy. Stonewalls are the preferred material for walls and accent elements in the Town Center. Stone walls shall be topped with a stone or cast stone cap.
[3]
Fencing may be used for screening and to define spaces such as courtyards and semi-private spaces. Decorative metal or cast iron fences are desirable. Solid decorative fences are permitted only in the side and rear yards. Within the front yard, fences shall be at least 50% open. Wood picket fences with either stone or wood piers are desirable. Chain link, highway-style guard rail, or contemporary security fencing such as barbed wire or razor wire, are prohibited.
[4]
Walls or fences over 50 feet in length shall require piers set no further than 20 feet on center. Corners and entrances shall be defined with articulated piers or posts.
[5]
Structural retaining walls over 4 feet in height must be designed by a professional engineer. They shall be constructed of the Highland wall stone system as manufactured by Grinnell or approved equal. Stone or brick veneers are permitted but not preferred.
[6]
Guide rails within the Town Center shall be of a wood timber design in accordance with the Vernon standards. Metal guide rails are prohibited.
[7]
Walls and fences shall not interfere with sight triangle requirements of this chapter.
 |
Decorative Wall Example |
(t)
Outdoor cafes.
[1]
Outdoor cafes shall be permitted on sidewalks, plazas and courtyards, provided pedestrian circulation or access to store entrances is not impaired.
[2]
Sidewalk cafes shall maintain a minimum of 4 feet of passable sidewalk to allow for pedestrian circulation.
[3]
Removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe. Extended cloth or canvas awnings, colorful canopies or large umbrellas are also recommended as a way to define the dining area.
[4]
The operators of outdoor cafes shall be responsible for maintaining a tidy appearance within the area of their activities.
 |
Outdoor Café Example |
(u)
Sidewalk displays.
[1]
Displays, limited to the premises (or their products and services) are permitted directly in front of an establishment along the sidewalk, provided at least 6 feet of clearance is maintained at the storefront entrance and at least 4 feet of sidewalk is maintained by pedestrians. Displays are permitted in the rear and side yards of the premises, provided that said display is temporary, defined as being readily removed and is not a permanent fixture, attractive and may not generally exceed 6 feet in height.
 |
Sidewalk Display Example |
(v)
Awnings.
[1]
Fixed or retractable awnings are permitted at ground floor level, and on upper levels where appropriate, provided they complement a building's architectural style, are compatible with its materials, colors and details, do not conceal architectural features, such as cornices, columns, pilasters or decorative details, do not impair façade composition, and are designed to work within the building's facade subdivisions. Awning shapes shall reflect the shape of the top of the opening to which they relate.
[2]
Canvas is the preferred material, although other water-proofed fabrics may be considered. Metal or aluminum awnings are prohibited. Solid and striped patterns are preferred. Colors of awnings shall be compatible with the building and sign colors.
[3]
Canopies are permitted, and may extend over the sidewalk, but shall not restrict pedestrian circulation, and shall follow the standards set forth for awnings.
[4]
Particular attention shall be taken with selection of the appropriate supporting structure and hardware, as well as with the location and method by which it is attached to the building façade.
[5]
In buildings with multiple storefronts, compatible awnings shall be used as a means of unifying the structure.
 |
Awning Example |
C.
MTC Mountain Conservation classification and district; source; intent and purpose.
(1)
Certain lands comprising part of Hamburg Mountain are subject to a deed restriction benefitting the public, which restriction limits the use of such lands to "… parks, natural areas, forests, camping, fishing, water reserves, wildlife, reservoirs, hunting, boating, winter sports, and similar uses, for either public outdoor recreation or conservation of natural or historic resources, or both." Such language effectively incorporates the language of N.J.S.A. 13:8A-37f which defines "recreation and conservation purposes," and which includes "natural areas." This definition is part of the "New Jersey Green Acres Land Acquisition and Recreation Opportunities Act." That Act principally contemplates the governmental acquisition of lands for outdoor recreation and conservation purposes. Acquisition for public purposes can be accomplished under the Act by "… a restriction on the use of land by others including owners of other interests therein; such interest or right sometimes known as a conservation easement. [sic]"
(2)
As grantor of the lands subject to this restriction, New Jersey Department of Environment Protection ("DEP") appears to have subsequently vested considerable discretion in the Township as to the interpretation and enforcement of the restriction. This places the Township in a position of broad responsibility, since the "public" to be benefitted would presumably extend beyond the citizenry of Vernon Township.
(3)
Since it would appear that DEP's reservation of rights on behalf of the public is clearly in the nature of a "conservation restriction," the Township takes notice of the Legislature's definition of that term as:
"An interest in land … appropriate to retaining land or water areas predominantly in their natural, scenic or open or wooded condition, or for conservation of soil or wildlife, or for outdoor recreation or park use, or as suitable habitat for fish or wildlife, to forbid or limit any or all:
(1)
Construction or placing of buildings, roads, signs, billboards, or other advertising, or other structures on or above the ground.
(2)
Dumping or placing of soil or other substance or material as landfill, or dumping or place of trash, waste or unsightly or offensive materials.
(3)
Removal or destruction of trees, shrubs or other vegetation.
(4)
Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance.
(5)
Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition.
(6)
Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation.
(7)
Other acts or uses detrimental to the retention of land or water areas according to the purposes of this chapter." N.J.S.A. 13:8B-2B
(4)
Having employed the legal device of "conservation restriction" in order to give effect to the language of the restriction which incorporates the defined scope of "recreation and conservation purposes" under N.J.S.A. 13:8A-37f, it would seem that the state has contemplated use of these lands which is substantially more limited than the uses permitted under the CR Commercial Recreation classification, making the permissible use of these lands significantly inconsistent with that zoning classification. The Mountain Conservation classification is thus designed to reconcile the different controls which regulate the use of these lands. The classification and district are further designed to be consistent with the restricted use of the Hamburg Mountain Wildlife Management Area in Vernon and Hardyston Townships, and to promote the types of recreational activities, such as hiking, fishing, and cross-country skiing, as are contemplated in the Land Use Plan of the Master Plan as "eco-tourism" for the Conservation District. Finally, this classification would limit disturbance of woodlands, steep slopes, wildlife habitats and other environmentally sensitive areas, as well as preserve the profile of the mountain's ridgeline, all as contemplated in the Conservation Plan of the Master Plan. Accordingly, use of these lands shall be restricted as follows:
(a)
Permitted principal uses: outdoor recreation and conservation, including parks, natural areas, historic areas, forests, camping, fishing, water reserves, preservation and appreciation of wildlife, reservoirs, hunting, boating, winter sports and similar uses for either public outdoor recreation or conservation of natural resources, or both (N.J.S.A. 13:8A-37f).
(b)
Permitted accessory uses: ancillary improvements to land or water areas designed to expand and enhance their utilization for outdoor recreation and conservation purposes, including ancillary roadways, parking, landscaping, fencing, lighting, utilities and buildings in support of outdoor recreation (N.J.S.A. 13:8A-37d).
(c)
Except as necessary or appropriate in support or furtherance of outdoor recreation and conservation under Subsection C(4)(a) of this section, and/or unless necessary or appropriate as an ancillary accessory use under Subsection C(4)(b) of this section, the following shall be prohibited in accordance with N.J.S.A. 13:8B-2b:
[1]
Construction or placing of buildings, roads, signs, billboards, or other advertising, or other structures on or above the ground.
[2]
Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials.
[3]
Removal or destruction of trees, shrubs or other vegetation.
[4]
Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance.
[5]
Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition.
[6]
Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation.
[7]
Other acts or uses detrimental to the retention of land or water areas according to the purposes of this chapter.
(d)
Interpretation: The scope and nature of permitted principal and accessory uses in the MTC District as contemplated in this subsection shall be construed in a manner which is consistent with the construction and enforcement of the said deed restriction by the State of New Jersey, its designees, assigns and successors. This subsection is intended to be no more and no less restrictive than the said deed restriction.
D.
SR Seasonal Recreation District.
(1)
Only proprietary campgrounds facilities and wilderness campgrounds as defined by and subject to the Proprietary Campground Facility Health and Safety Standards of the State of New Jersey shall be permitted in this district. Such facilities and campgrounds are further subject to the requirements contained in this section. Cabins, permanent or semipermanent huts or other similar immobile living accommodations are prohibited.
(2)
Accessory uses.
(a)
The contents or omissions of Schedule A[2] of this article notwithstanding, the following shall also be permitted as accessory uses within proprietary campgrounds authorized under this section on lots within such campgrounds upon which a camping unit has been placed; provided, however, that any such accessory structures authorized hereby shall be removed from the lot if the camping unit to which they are appurtenant is removed from the lot and not returned or replaced by another such camping unit within one year from the date of said removal:
[1]
Decks and covered porches: one deck or one covered porch.
[2]
Screen houses and gazebos: one screen house or one gazebo.
[3]
Storage sheds: one storage shed.
[2]
Editor's Note: Schedule A, Permitted, Conditional and Accessory Uses and Structures, is included at the end of this chapter.
(3)
No permanent or year-round occupancy of the campsites is permitted. Only such use as is seasonal in nature and clearly incidental to recreation and resort activities shall be permitted. No recreational vehicles shall be occupied for more than 10 continuous days between November 1 and March 31 or such other time as seasonal water supply is not in service.
(4)
Except as may be expressly and specifically permitted pursuant to this section or article, permanent decks or other similar permanent structures are prohibited.
(5)
Supplementary regulations for campgrounds.
(a)
Outdoor storage of materials or equipment in all front yards and buffer strips shall be prohibited, and, further all other outdoor storage shall be prohibited unless the same is necessary for the operation of the campground and has been approved by the Planning Board.
(b)
Permanent storage sheds, permanent decks, and other similar permanent structures are prohibited, except as and to the extent authorized under Subsection D(2) of this section.
(c)
All outside lighting shall be installed so as not to cause glare onto adjoining buildings or properties or upon public streets or roads.
(d)
Signs displayed on any lot shall be limited to those adequate to identify respective use or occupancy, and shall be in conformance with Section _____. All bare light sources shall be shielded from direct view. Moving or flashing illumination is prohibited. Advertising signs or devices are prohibited.
(e)
Location. No campsite shall be less than 100 feet from any public right-of-way or from a project area line. No campsite shall be located less than 50 feet from the bank of any stream or within 50 feet of any shore line or any area subject to periodic inundation from surface or subsurface water.
(f)
Campsite density and area. The density of campsites in a project area shall not exceed an average of 10 per acre on any given acre. Each campsite, including parking space, shall provide a minimum of 1,800 square feet of space.
(g)
Campsite occupancy. Each campsite may accommodate only one camping unit occupied by the camper and party, provided that the number of occupants of the camper shall be limited to the manufacturer's specifications for sleeping accommodations of the camper.
(h)
Access roadways: vehicular and pedestrian.
[1]
Access for camping vehicles and other vehicular traffic to the campgrounds shall be from an arterial interior access road of sufficient width for two camping vehicles to pass conveniently, and constructed so as to minimize dust, ruts and mud holes in accordance with the standards approved by the Township Engineer. All other interior roads or drives shall, if possible, connect with the interior arterial road. Such other streets shall not be paved but shall be maintained with gravel surface and kept in passable condition at all times, and such roads and drives shall be of sufficient width to accommodate one camping vehicle. There shall be spaces provided at the side of such roads and drives at appropriate intervals to allow vehicles to pass. All such roads or drives shall be and remain private streets.
[2]
Every section within a project area shall have at least 100 feet of frontage on an interior arterial access road.
(i)
Sewage disposal. The applicant shall provide an acceptable method of disposal for all sewage in accordance with all state and local health requirements.
(j)
Surface drainage. All necessary drainage shall be provided as required by the Planning Board on the advice of the Board Engineer, which drainage shall be adequate considering the seasonal nature of the use.
(k)
Landscaping. Landscaping plans shall be submitted as part of the site plan review process in both map and written form and shall indicate the types of trees and shrubs to be used.
(l)
Access drives and paths. Individual access drives to each campsite and camper pads of crushed stone or gravel shall be constructed by the applicant.
(m)
Rules to be filed. All rules and regulations governing the use of the campground proposed to be established by the applicant or, in the case of condominiums, copies of the proposed master deed, association bylaws and facilities license agreement, shall be submitted to and approved by the Planning Board. Once approved by the Planning Board, no changes shall be made without Planning Board approval.
(n)
Statement of operator. The owner or operator of every campground shall file with the Township Clerk a statement giving the name, address and telephone number of the person principally responsible for the operation of said campground, to whom any complaints for violations of this chapter or any other ordinance of the Township can be referred for correction. The owner or operator shall immediately notify the Township Clerk of any change in the name, address or telephone number of said responsible person.
(o)
Power of attorney to accept process. Where the owner or operator of any campground is a nonresident of the County of Sussex or is a corporation or partnership having its principal place of business elsewhere than in the County of Sussex, said owner or operator shall file with the Township Clerk, and shall keep on file, a power of attorney authorizing the Township Clerk to accept service of process for and on behalf of said owner or operator. Any complaint or other legal process so served upon the Township Clerk, pursuant to said power of attorney to accept process, shall be deemed service upon the owner or operator, and the Township Clerk shall immediately forward such complaint or other legal process to the owner and/or operator at the address shown in the power of attorney, by certified or registered mail, return receipt requested.
(p)
All accessory structures permitted under Section _____ of this chapter shall be freestanding, and no such structure shall be attached to the camping unit to which it is appurtenant or any other structure or improvement. "Zero" clearance is permitted. All such accessory structures shall be a minimum of eight feet from any road which abuts the property on which it is located.[3]
(r)
Unless otherwise provided in this chapter, no single accessory structure allowed pursuant to Subsection D(2) of this section shall have a square footage in excess of 400 square feet or the square footage of the camping unit to which it is appurtenant; whichever is less. The total aggregate square footage of all such accessory structures on any single camping lot shall not exceed 600 square feet.
(s)
Porches and gazebos permitted pursuant to Subsection D(2) of this section may only be enclosed with screening material. Solid wall coverings, glazing, knee walls or any other method of enclosure is expressly prohibited. Eighty percent of the perimeter wall area of any such porch or gazebo shall be open (i.e., enclosed by screening material).
(t)
No accessory structure permitted pursuant to Subsection D(2) of this section shall be constructed on any camping lot until the owner is in possession of a construction permit duly issued by the Vernon Township Construction Official and all approvals required by the governing body of the campground operator. All such structures shall conform to the applicable building codes governing same. Any such structure which shall exceed 100 square feet shall be built in modular sections and constructed in such a way as to be easily removable. The Construction Official shall ensure such modular construction meets all building codes and can be readily disassembled.
E.
Private Leasehold Lake Communities (PLLC) District.
[Added 12-13-1999 by Ord. No. 99-27]
(1)
Purpose. The purpose of the Private Leasehold Lake Community District is to establish specific regulations for structures in unsubdivided lake communities such as Lake Pochung and Laurel Lake.
(3)
Existing single-family structures in unsubdivided lake communities must meet the following standards:
(a)
Minimum distance between buildings: 20 feet.
(b)
Minimum distance to lake: 15 feet or the existing setback, whichever is greater.
(c)
Minimum distance to center line of any road or common driveway: 15 feet or existing setback, whichever is greater.
(d)
Maximum size of addition: 100% of the existing structure or 500 square feet, whichever is less.
(5)
Any new principal structure built in the PLLC District must meet the requirements of the PLC Zone District.
F.
Public Use District.
[Added 12-13-1999 by Ord. No. 99-27]
(1)
Purpose. It is the purpose of this district to establish a zone regulating public open space and government uses.
(2)
Permitted uses.
(a)
Public recreation, open space and conservation areas.
(b)
Community, cultural, recreational, athletic, social and educational facilities owned and operated by a public entity.
(c)
Public parks, roads and other public areas.
(d)
Agricultural uses.
(e)
Single-family detached dwellings as regulated in the Conservation Zone District.
(3)
Accessory uses. Any use that is customarily incidental to a principal permitted use.
G.
Mountain Resort. The following provisions shall apply to a Mountain Resort.
[Added 6-12-2000 by Ord. No. 00-14; amended 11-15-2001 by Ord. No. 01-26; amended 7-10-2006 by Ord. No. 06-21]
(1)
Purpose. The purpose of this paragraph is to establish provisions for a Mountain Resort complex in conjunction with outdoor recreational and conservation uses in adjacent conservation zones. It is contemplated the Mountain Resort would encompass a substantial area of land, and that the use of such land would be coordinated with recreational and conservation uses in a common theme operated as a single entity. The intent is to allow for the creation of a major regional resort and conference destination providing a wide array of indoor and outdoor activities consistent with the resort nature of the area. This paragraph contemplates the establishment of a resort village featuring pitched roofs, articulation of the planes of buildings, balconies and other ornamental features, together with the establishment of complementary uses designed to create development in harmony with the valley and the mountains.
(2)
Principal Use. The sole permitted principal use in the MR zone district shall be a Mountain Resort. For purposes of this paragraph, a Mountain Resort shall mean a planned commercial development in which a ski area, ski resort, conference center, recreational facilities, spa and wellness center, shopping centers, art centers, hotels and other resort lodging, retail sales, restaurants, galleries, offices, and recreational uses, in any approved combination thereof, would establish a resort, operated as a single entity under a common theme.
(3)
Zoning Requirements.
(a)
A Mountain Resort shall consist of no more than 1.6 million square feet of space among the various elements.
(b)
There shall be a maximum of 133 vacation type units included in a Mountain Resort. "Vacation type units" shall be attached townhouse style units constructed on grade.
(c)
There shall be a maximum of 1,677 hotel units in a Mountain Resort.
(d)
There shall be no more than 220,000 square feet of other commercial space, including ski resort support services, but excluding hotel units and vacation type units.
(e)
The minimum tract area for establishment of a Mountain Resort shall be 200 acres.
(f)
Of the total acreage, at least 80 acres shall be available for development, meaning it is not subject to deed restrictions or easements which prohibit development.
(g)
The lots comprising the tract area shall be contiguous, except for intervening public streets, and any railroad right-of-way, in order that a perimeter boundary may be established to delineate the boundaries of the Mountain Resort.
(h)
Portions of the resort may be subdivided for purposes of financing and conveyance. All lands shall be subject to common covenants, conditions and restrictions in order to make certain the various elements of the resort will continue to operate as a single entity under a common theme, regardless of ownership. In this regard, a form of deed restriction shall be established as a blanket covenant and restriction designed to perfect the purpose of this paragraph in the event of any sale of a hotel unit, vacation type units, other commercial component, building or a portion of any building.
(i)
The buildings within the Mountain Resort shall be located within 1,200 feet west or north of State Highway 94, and within 500 feet east or south of State Highway 94.
(j)
Buildings shall not exceed four and one-half (4 1/2) stories, and sixty-five (65) feet in height as measured from final grade, except as hereinafter provided. The applicant may construct one set of buildings on land bordered by Sand Hill Road and the northerly side of Route 94, so as to take advantage of the terrain. At such location, the height of that building or combination of buildings shall not exceed seven and one-half (7 1/2) stories and one hundred (100) feet as measured from final grade. For the portion of such building or buildings within sixty (60) feet from the edge of pavement of Route 94, no more than four (4) stories may be constructed at a maximum height of fifty (50) feet measured from final grade. The set back from Sand Hill Road on such building or buildings shall be a minimum of sixty (60) feet, except that the setback for a covered entrance or an entrance to a parking area, shall be set back a minimum of twenty-five (25) feet. Except for the building or buildings facing Sand Hill Road, the finished grade at the front of any building shall be measured from that portion of the building or buildings facing Route 94. It is recognized that buildings west or north of Route 94 may be higher than four and one-half (4 1/2) stories, but no such portion of any building shall be permitted to exceed seven and one-half (7 1/2) stories and one hundred (100) feet as measured from average grade along any single façade.
(k)
All stories above the first floor shall be limited to resort lodging, except that other commercial space may exist on the second floor if the access is from the first floor. Spa and/or conference center space may be located anywhere within any building.
(l)
Buildings shall be set back a minimum distance of ten (10) feet from any public right-of-way. Otherwise, there shall be no required minimum setback, except as may be required for emergency access and fire safety.
(m)
Parking requirements shall be as follows:
(i)
The vacation type units shall be provided with 300 parking spaces.
(ii)
The hotel units shall be provided with 1.25 parking spaces per unit. Of those spaces, .85 per unit shall be under grade, and not visible from any public street.
(iii)
In addition to parking for vacation type units and hotel units, a Mountain Resort shall, at all times, maintain a minimum of 1,000 additional surface parking spaces.
(iv)
In addition, there shall be provided surface parking at the rate of 13 spaces for each 1,000 square feet for the maximum of 220,000 square feet of other commercial space permitted in the Mountain Resort.
(v)
The under grade parking shall be permitted to be 9 feet wide by 18 feet long, recognizing they will be used by resort residents. All surface spaces shall be of a size required by the code applicable to other commercial uses.
(vi)
All required surface parking does not have to be located on the tract of land being used as a Mountain Resort, nor does it have to be located in the MR zone district. Any application for development shall be required to establish the required number of parking spaces, in close proximity to the resort, to the satisfaction of the Planning Board, including a means of transportation from parking areas to the various attractions at or around the resort. On tract parking decks may be used to satisfy the parking requirement.
(vii)
In any application for development, the developer shall be permitted to defer construction of 40% of the surface parking required in Paragraph G(3)(m)(iv), above, until construction of a total of 800,000 square feet of space. Thereafter, the developer shall be required to construct the deferred parking, or seek a waiver from the requirement to construct those spaces by establishing to the Planning Board that the spaces are not presently necessary, and establishing in a site plan where those reserved spaces would be constructed, if necessary in the future. Subsequent to construction of the first 800,000 square feet of space, the developer may continue to seek a waiver for up to 40% of the additional required surface parking under Paragraph G (3) (m) (iv); not as an automatic deferral, but by establishing the lack of present need and by establishing in a site plan where the reserved parking would be constructed, if necessary. In order to obtain the waiver, the applicant shall establish, that the required parking is not necessary at the time of the application. In making such a request, the developer shall be required to show the total amount of required parking can be constructed in the event it proves to be necessary. The Planning Board may require some form of surety to guarantee the parking is constructed, if it is determined to be necessary.
(n)
In the event of a subdivision in connection with the Mountain Resort, there shall be no restrictions on frontage, lot size or dimension or maximum impervious or building coverage in connection with the development, provided maximum building coverage for the entire Mountain Resort is no greater than 10%, maximum impervious coverage for the Mountain Resort is no greater than 25% and maximum newly permitted site disturbance is no greater than 50%.
(o)
The following specific uses shall be permitted as components of a Mountain Resort:
(i)
Resort lodging
(ii)
Bakeries
(iii)
Banks and financial institutions, including ATM's, either with a banking facility or as a stand alone machine
(iv)
Barber and beauty shops
(v)
Bookstore/newsstand/card shop
(vi)
Bicycle and sports related rentals, sales and service
(vii)
Childcare facilities
(viii)
Cocktail lounges and bars
(ix)
Conference center and support services, including stationery and supplies
(x)
Delicatessens/coffee shops
(xi)
Drug stores and pharmacies
(xii)
Galleries
(xiii)
Grocery and convenience stores
(xiv)
Health clubs
(xv)
Indoor recreation uses (e.g., amusements and arcades)
(xvi)
Learning center (e.g., Audubon Society)
(xvii)
Liquor stores
(xviii)
Water park/miniature golf/related recreation
(xix)
Nightclubs/dance clubs
(xx)
Offices
(xxi)
Outdoor festival and art show, commercial retail and food and beverage
(xxii)
Restaurants
(xxiii)
Resort support services (e.g., gondolas, water park support, resort sales and operation centers, skier information services, transit center, lift ticket offices, event areas)
(xxiv)
Spas and personal service
(xxv)
Theatres
(xxvi)
Clothing and other merchandise sales
(xxvii)
Temporary uses which are customary and incidental to a resort, including but not limited to festivals, concerts, events, picnics, shows, games and other temporary gatherings or event.
(xxviii)
Other commercial, retail, and service uses of similar character normally associated with a resort.
(p)
Except as modified by this paragraph, the bulk criteria of the CR zone district as currently in effect as of the date of adoption of this paragraph shall apply.
(4)
Miscellaneous Requirements. The following provisions shall apply to a Mountain Resort:
(a)
A developer shall seek general development plan (GDP) approval for a Mountain Resort, and seek individual site plans in connection with the creation of a Mountain Resort. An application for GDP approval shall be submitted in anticipation of submission of applications for site plan approval, or be submitted in conjunction with any such site plan application. A preliminary site plan application that is filed prior to the effective date of this ordinance may proceed without the filing of a GDP plan on condition that: (1) the developer establishes to the Planning Board, conceptually, how the site plan improvements will be coordinated with the entirety of the Mountain Resort; and (2) GDP approval is obtained prior to obtaining final site plan approval.
[Amended 9-18-2006 by Ord. No. 06-32]
(b)
Any applicant for any component of a Mountain Resort must submit a parking plan and traffic control plan as part of the submission. The plans shall present a comprehensive means for providing efficient handling of all components of parking and traffic. For each phase of submission, there shall be required an updated parking and traffic management plan demonstrating how the requirements for all guests, employees, visitors and staff will be satisfied.
(c)
The development shall make adequate accommodation for the flow of traffic to be generated to and from the resort, as well as provide for safe and efficient vehicular circulation within the development.
(d)
The developer shall design an attractive streetscape in all portions of the development, which shall not be altered or changed in any way without approval of the Vernon Township Planning Board.
(e)
A landscape plan shall be designed to enhance the particular identity and character of the site, and create a pleasant entry experience for vehicles and pedestrians by means of street trees, lighting, buffers, walkways, street furniture, and accessory structures designed to create and enhance the resort atmosphere, all as may be approved by the Planning Board.
(f)
The developer shall design a lighting plan to be approved by the Planning Board.
(g)
The developer shall create a system of signage in connection with the use, which shall be designed to create and enhance the resort. In this regard, the developer shall submit to the Planning Board a proposed plan for signs in connection with the various components of the plan, which plan for signs shall be complementary to the use, enhance the resort theme, and be subject to Planning Board approval. No operator of any facility within the resort shall be permitted to change or alter the system and plan for signage without approval of the Vernon Township Planning Board.
(h)
An important element of the Mountain Resort is pedestrian movement. The developer shall design a pedestrian plan, as well as a system of bike paths, which shall include walkways and travel ways which are aesthetic in nature, and include links to current and future public circulation systems.
(i)
There shall be a system of stormwater and sanitary sewerage disposal facilities, potable water supply, fire protection, solid waste disposal, and appropriate street lighting and traffic safety signage presented to and approved by the Planning Board.
(j)
The plan shall be designed to preserve sunlight in major pedestrian areas for much of the day, and ensure that public plazas and shopping areas receive maximum sunlight throughout the year for safety, snow removal and warmth.
(k)
In keeping with the resort theme, the plan shall include sitting areas and plazas, and other places and structures such as hotel entrances, fountains, and other amenities designed to enhance the resort experience.
(l)
The developer shall be required to design an adequate plan for parking for skiers, visitors, and employees at appropriate locations which shall be designed to create convenient and safe access.
(m)
The development shall be designed in order that prompt snow removal within the Mountain Resort, when and where appropriate, can be undertaken. The developer shall design a method for emergency medical response services.
(n)
This paragraph references a "single entity" to operate the Mountain Resort. To effectuate this, the developer shall establish a master association, and such other building or neighborhood associations, as are necessary to maintain or otherwise provide for required architectural elements, common areas, trash removal, snow removal, pedestrian ways, driveways and parking areas, and related elements. All uses shall be subordinate to the Mountain Resort, and appropriate documents shall be established by the developer, subject to the approval of the Township Planning Board, to assure that buildings, structures and uses shall be and remain under the ultimate authority of the Master Association. It is recognized that certain elements within the components of the resort may be owned by individual companies or persons, including but not limited to, hotels, commercial and resort units. Pursuant to this requirement, all such sales shall be subject to deed restrictions and other requirements which may be approved by the Planning Board in order to make certain the entire Mountain Resort use operates with a coordinated common theme.
(o)
All site plans submitted in connection with the Mountain Resort shall indicate existing wooded areas and individual specimen trees a caliper of 12 inches or greater, measured 4 feet above the ground, which may be located within the areas to be disturbed by the development of buildings and structures.
(p)
Development on steep slopes may occur, provided adequate precautions are taken in design and construction to prevent soil erosion and any risks to public safety.
(q)
Evidence shall be established by the developer that buffer requirements as well as depiction of rivers, streams, brooks, lakes, ponds, and open waters are in accordance with the requirements of the New Jersey Department of Environmental Protection.
(r)
An applicant seeking to establish a Mountain Resort shall submit to the Planning Board a set of design standards for the treatment of all buildings and structures, which shall be reviewed and approved by the Planning Board. Upon approval of the design standards, the standards shall not be altered or changed in any way without approval of the Vernon Township Planning Board, which in reviewing any requests for modifications or deviations shall have, as a paramount concern, the need to maintain a common theme throughout the entire resort.
(s)
Hotel units and vacation type units, even though they may be separately owned under the condominium form of ownership, shall not be considered residential uses. Those units are commercial in nature. As a result, those units are not subject to those provisions of the subcode incorporating N.J.A.C. 5:21-1.1, et seq., (Residential Site Improvement Standards). Those units are designed for resort lodging, and for participation in a resort rental program. The units are subject to the Township's Hotel Use and Occupancy Tax, and shall be compliant with the requirements of Construction Code Use Group R-1. The occupancy of units shall be primarily transient in nature, meaning occupancy less than 30 days.
[Amended 9-18-2006 by Ord. No. 06-32]