Weehawken Township City Zoning Code
§ 23-10.4
Criteria and standards for planned development.
[Ord. No. 2-1979, § 17-10.4; Ord. No. 8-1984, § 1; Ord. No. 18-1984, § 1-8; Ord. No. 20-1984, § 1-3; Ord. No. 4-1985, § 1-3; Ord. No. 3-1987; Ord. No. 17-1987, § 5; Ord. No. 9-1989, §§ 2-6; Ord. No. 10-1989, §§ 1, 2; Ord. No. 9-1990, § 2; Ord. No. 3-1997, §§ 2-5; Ord. No. 1-2005, §§ 1, 2, 4]
a.
General conditions. A planned development shall not be permitted in the Planned Development District unless:
1.
Such planned development is, to the extent possible with due consideration for differing land ownerships, an integral part of a general plan or plans for development of the entire Planned Development District;
2.
The applicant for such planned development can demonstrate that the water, sanitary sewer, storm sewer, sewage treatment and other utilities for the planned development will be adequate and complete for the planned development and each stage thereof and will be an integral part of a general plan or plans for development of all such utilities in the entire Planned Development District;
3.
The applicant for such planned development can demonstrate that the means for vehicular and mass transit access to the planned development will be adequate and complete for the planned development and each stage thereof; will be an integral part of a general plan or plans for development of vehicular and mass transit access for the entire Planned Development District; and can be accomplished without substantial new congestion to streets and intersections in other districts of the Township;
4.
The applicant for such planned development can demonstrate that the means of pedestrian access to the planned development will be adequate and complete for the planned development and each stage thereof; will be an integral part of a general plan or plans for development of pedestrian access for the entire Planned Development District; and will permit and encourage, to the greatest extent possible, integration of the planned development with other portions of the Township;
5.
The applicant for such planned development can demonstrate that adequate provision has been made for an easement or other form of encumbrance along, or in close proximity to, the bank of the Hudson River, to allow access for riverbank maintenance and to allow passage along the riverfront by pedestrians and bicyclists. Such easement area shall have a minimum width of 30 feet and shall be provided with a paved walkway, provided however that the Planning Board may approve a lesser width at locations where thirty-foot width is not practicable. If a bicycle path is to be included, such path shall be separated from the pedestrian walkway. Such easement shall be granted in perpetuity, without charge, upon such terms as the Planning Board or other governmental authority having jurisdiction shall deem appropriate to assure the continued maintenance thereof. Such easement area shall be designed so as to be contiguous with easement area in other properties in the Planned Development District;
If with respect to such easement for walkway or bikeway purposes any requirements or recommendations of the State of New Jersey or any department or agency thereof would impose more stringent requirements on an applicant than those required herein, the more stringent requirements shall be deemed to be incorporated within this chapter;
6.
The applicant for such planned development can demonstrate that the planned development and each stage thereof will be a marketable development and will not have any substantial adverse fiscal impact on the Township;
7.
The applicant for such planned development can demonstrate that such planned development and each stage thereof will not cause any substantially adverse environmental impacts; and
8.
The applicant for such planned development meets all the requirements for approval by the Planning Board of the Township, as set forth in this chapter and Chapter 22, Land Development Review, and by all other governmental agencies having jurisdiction.
b.
Development size. The minimum size of the development area of a planned development shall be 40 adjacent or contiguous acres under a single ownership or control. Public roads or a railroad mainstem traversing a tract shall not render the tract noncontiguous.
The Planning Board may permit a planned development containing a development area of less than 40 acres if the following conditions are met:
1.
All other land in the Planned Development District has either been developed or included within a previously approved planned development;
2.
The development area of the proposed planned development is not less than 50% of the land which remains undeveloped and not included within a previously approved planned development;
3.
The development area of the proposed planned development is, in no event, less than 10 adjacent or contiguous acres; and
4.
No residential uses are proposed.
c.
Uses.
1.
Permitted principal uses. In order to further the objectives of this chapter, only the following principal uses are permitted in a planned development, subject to compliance with the performance standards set forth in § 23-8 of Chapter 23, Zoning:
(a)
Any use permitted in the I, (Industrial Park), B-2 (Outdoor Recreation), B-3 (Office Park), or SW (Special Waterfront) District;
(b)
Hotels and/or Conference Centers;
(c)
Festival marketplaces;
(d)
Residential Uses as permitted in Subsection 23-10.4, paragraph 1;
(e)
Retail Uses, but excluding the sale of building material, plumbing supplies, motor vehicles or boats;
(f)
Service establishments, excluding motor vehicle service stations; and
(g)
Any other use which the Planning Board, in connection with the approval of the planned development, specifically determines by Resolution to be consistent with the standards of the Planned Development District.
2.
Permitted accessory uses. Uses customarily accessory and incidental to any permitted principal use shall be permitted, provided however:
(a)
No outside storage shall be permitted;
(b)
Accessory buildings or structures incidental to an outdoor recreation use shall not cover more than 15% of the portion of the development area devoted to such outdoor recreation uses;
(c)
Except when permitted as principal uses, piers and docks shall only be permitted as uses accessory to the manufacturing or storage of goods at indoor facilities located in the planned development; and
(d)
Public, quasi-public or private parking garages or facilities are permitted as accessory uses. Such garages or facilities shall be permitted as an accessory to more than one permitted use provided that the Planning Board, upon site plan review, determines that adequate assurances exist to meet the requirements of this chapter for the number of parking spaces.
(e)
Public, quasi-public or private land or water transport passenger stations are permitted only if such stations are accessory to the Planned Development and are designed primarily to serve the transportation needs of the residents and workers in the Planned Development.
3.
Conditional uses. Subject to compliance with the performance standards of Chapter 23, Zoning, the following uses shall be permitted as conditional uses only with the approval of the Planning Board if the respective standards of this section are met:
(a)
Drive-in windows or facilities for financial institutions are permitted as conditional uses provided that:
(1)
The applicant shall demonstrate that there is sufficient space on the site to provide for the line of waiting vehicles that may reasonably be expected; and
(2)
Reports shall be received from the Planning Consultant and Police Department regarding traffic safety and that any recommendations in such reports as to measures to increase safety shall be considered the Planning Board and may be made a condition of approval.
(b)
Motor vehicle service stations and public garages for the rental of storage space for more than five motor vehicles are permitted as conditional uses provided that:
(1)
No part of the premises is within 500 feet of any lot containing a school, hospital, church, or public library; and
(2)
Reports shall be obtained from the Planning Consultants and the Police Department regarding traffic safety and any recommendations in such reports as to measures to increase safety shall be considered by the Planning Board and may be a condition of approval.
(c)
Helistops, (as defined in Subsection 23-3.1), are permitted as conditional uses provided that each such helistop is:
(1)
Accessory to a permitted principal use;
(2)
Located no higher than 50 feet above sea level;
(3)
Located below the North Weehawken View Plan, (as defined in Subsection 23-3.1), if the Helistop is located north of the King's Bluff Dividing Line;
(4)
Located so as to minimize noise impact on the planned development and the remainder of the Township;
(5)
Located no less than 1,000 feet from any other helistop; and
(6)
Approved by all other appropriate governmental authorities having jurisdiction.
(d)
Heliports, (as defined in Subsection 23-3.1), are permitted as conditional uses provided that:
(1)
No part of the heliport or its accessory structures or uses is north of the King's Bluff Dividing Line or within 200 feet thereof;
(2)
No landing pad shall be within 1,000 feet of any property zoned or used for residential purposes.
(3)
No accessory service structure shall be within 800 feet of any property zoned or used for residential purposes;
(4)
The regular take-off and landing patterns are over the Hudson River;
(5)
No helicopter having a length overall of greater than 50 feet shall be permitted to use the heliport except in an emergency; and
(6)
The location is approved by all other appropriate governmental authorities having jurisdiction;
4.
Prohibited uses. The following uses are expressly prohibited:
(a)
Fair grounds, carnivals, amusement parks, miniature golf, zoos, and animal parks;
(b)
Shipping terminals;
(c)
Outdoor storage;
(d)
Tank storage; and
(e)
All uses considered similar in nature and impact by the Planning Board;
(f)
Casino gambling.
d.
Lot and bulk regulations and design standards. Plot and lot sizes and dimensions, and the location and height of buildings, if meeting the standards of this chapter, may be freely disposed and arranged provided the construction conforms to a site plan, approved by the Planning Board pursuant to Chapter 22, Land Development Review. In reviewing and approving all plans, the Planning Board may utilize, in addition to the standards set forth herein, the standards of the subdivision, zoning or site development plan review regulations as well as the opinions of the Township Engineer, the Township Planning Consultant and the Township Water or Sewer Consultants. The Planning Board shall have full power to require modifications when considering plans for preliminary approval submitted by the applicant.
Except when otherwise varied by the Planning Board for a planned development in accordance with the criteria and standards of this chapter, the minimum bulk and lot regulations shall be as set forth in Schedule "A" attached to and made a part of this chapter.[1]
[1]
Editor's Note: The Schedule of Lot and Bulk requirements referred to as Schedule A can be found as an attachment to this chapter.
e.
Minimum and maximum use areas. Each planned development shall have at least the following minimums, and no more than the following maximums, devoted to the uses as hereinafter set forth:
[Amended 12-11-2019 by Ord. No. 32-2019; 11-22-2021 by Ord. No. 16-2021]
Use: Common Open Space |
South of the Kings Bluff Dividing Line: |
Minimum: 20% of the Development Area |
Maximum: No Maximum. |
North of Kings Bluff Dividing Line: |
Minimum: 30% of the Development Area. |
Maximum: No Maximum. |
Use: Residential |
South of the Kings Bluff Dividing Line: |
Minimum: 250 Dwelling Units. |
Maximum: Eight hundred fifty (850) Dwelling Units; provided, however, that the residential units on the Hamilton Cove site (800 Harbor Boulevard, Block 34.03, Lot 4.01), on the Pier D site (1500 Harbor Boulevard, Block 34.03, Lot 4.05), in the proposed development of not to exceed 261 units on the ATIR site (200 Harbor Boulevard, Block 34.03, part of Lot 2.03 and Lots 1.01 & 1.02), in the proposed development of not to exceed 150 units on the 400 Harbor Boulevard Site (Block 34.03, Lot 2.03, also known as Site C), and in the proposed development in the Estuary IV Phase (on Block 34.03, Lot 4.28, a/k/a Estuary D site), of not to exceed 180 units, or such greater number, as may be determined to be appropriate by the Board, provided that the developer does not make application for a hotel thereon, but which number shall in no event exceed 269 units, shall not count against the total number of residential units permitted in the planned development; and provided further however, the square footage of the excluded residential units for these listed five parcels, Hamilton Cove, Pier D, ATIR, Site C and Estuary IV, shall count in determining whether a proposed project remains within the limitation on the total amount of square footage approved for the planned development. The total Gross Floor Area approved by the Planning Board in the March 17, 2009, Resolution approving the Eighth Amendment to Preliminary Approval and Amended Phase II Final Planned Development Approval, that is 3,120,127 square feet, shall be the maximum permitted density that the Planning Board has authority to approve for the Planned Development, unless the Planning Board shall determine that certain incentives provided in the future would allow the Board to approve an increase in that number, based on the SW/PD Criteria and Standards. For clarification, nothing in the Master Redevelopment Agreement dated May 19, 2017, that was entered into by and between Hartz Mountain Industries, Inc., and the Township of Weehawken, which agreement was a necessary prerequisite for the Financial Agreements approved by the Weehawken Governing Body and was not controlling as to land use and building requirements permitted under the Zoning Ordinance, shall provide a justification to increase that square footage. Nothing in the above paragraph with respect to the maximum number of units referenced for the projects for which the Planning Board has not yet approved development applications is controlling with regard to proposed development; those development applications will be subject to all of the other limitations and requirements in the SW/PD Criteria and Standards. |
North of the Kings Bluff Dividing Line: |
Minimum: 500 Dwelling Units. |
Maximum: As set forth in Subsection 23-10.4, paragraph 1. |
In order to effectuate more fully the purposes and intents of this ordinance, the Other Lots Redevelopment Plan, is hereby amended to eliminate the additional hotel envisioned thereby, with a total of 232 rooms having been envisioned under the Master Redevelopment Agreement dated May 19, 2017, that was entered into by and between Hartz Mountain Industries, Inc., and the Township of Weehawken, to be developed on Block 34.03, Lot 4.28.
f.
Floor area. The regulations for determining the permitted floor area for planned development are as follows:
1.
Floor area ratio permitted without incentives. Subject to other requirements of this chapter, the maximum floor area ratio of a planned development without the incentives set forth in subparagraphs 2 and 3 shall be:
(a)
0.25 over all land, including land under water out to the pierhead line of the Hudson River, in the planned development; plus
(b)
0.60 over all land above water and piers existing in the planned development, provided, however, that piers removed but replaced prior to the date of application for preliminary approval of a planned development shall not be counted twice for purposes of any floor area ratio.
2.
Floor area increases permitted with "As Of Right" Incentives: In addition to the floor area ratio permitted by subparagraph f1 of this subsection, the following increases in floor areas shall be permitted by the Planning Board upon compliance with the conditions of the following paragraphs:
(a)
Floor area ratio increase for the creation of new land. If a developer of a planned development creates new land by filling, piering, or creating platforms over the Hudson River in a manner permitted by law, the floor area ratio, measured over such new land, shall be 3.75 but in no event shall the aggregate floor area permitted under this incentive exceed 4,000,000 square feet in the entire Planned Development District.
(b)
Floor area ratio increase for the donation to, and acceptance by, the Township of Weehawken of Open Space uplands. If a developer of a planned development donates to the Township Open Space uplands which are accepted by the Township, the floor area ratio, measured over such donated and accepted uplands, shall be spread over, and added to, the balance of the lands within the planned development such that the aggregate floor area permitted within the planned development area prior to such uplands donation and acceptance shall be equivalent to the aggregate floor area permitted within the reduced area of the planned development after such uplands donation and acceptance and the subtraction of the area of such uplands donation and acceptance from the planned development.
[Added 6-23-2021 by Ord. No. 10-2021]
(c)
Repealed.
(d)
Floor area increase for creation of special pedestrian access to a planned development. If a developer creates motorized means of vertical transportation (such as, but not limited to, elevators or escalators) between Boulevard East or a plaza connected thereto and the ground level of a planned development, the floor area ratio in the development shall be increased by 0.05 measured over the development area.
(e)
Floor area increase for affordable housing. If the developer of a planned development creates new low and moderate income units in the planned development, rehabilitates low and moderate income units elsewhere in Weehawken, or makes contributions to the Housing Trust Fund for Low and Moderate Income Units such that the total number of low and moderate income units created, rehabilitated or subsidized is greater than the number of low and moderate income units required by the provisions of § 23-10B, the floor area of the planned development shall be increased by 2,500 square feet for each unit of such low and moderate income housing in excess of the number required by § 23-10B, provided however, that in no event shall the additional floor area ratio allowed for such affordable housing exceed 0.2 measured over the development area.
3.
Floor area increases permitted with "discretionary" incentives.
(a)
The Planning Board may, in its discretion, permit an increase in the floor area of a planned development if the developer thereof provides public or quasi-public land, (other than that otherwise required under any other section of this chapter), or facilities such as, but not limited to schools, municipal offices, fire stations, police stations, hospitals, swimming pools, tennis courts or other public recreation facilities, parking spaces for Weehawken residents other than those living in the planned development, view plazas, or other similar facilities.
(b)
In no event shall the aggregate increase in floor area ratio for all such facilities exceed 0.30 measured over the development area.
(c)
In determining the floor area increase for each such facility for which an incentive is herein allowed, the Planning Board shall consider: (1) the value of the facility to the Township; (2) the estimated cost of the facility to the developer; and (3) such other factors as the Planning Board may deem relevant.
4.
Overall limitation on the floor area ratio of a planned development. In no event shall the aggregate floor area ratio of a planned development exceed 1.85 measured over the development area. For clarification, nothing in the master redevelopment agreement dated May 19, 2017, that was entered into by and between Hartz Mountain Industries, Inc., and the Township of Weehawken, which agreement was a necessary prerequisite for the financial agreements approved by the Weehawken governing body and was not controlling as to land use and building requirements permitted under the Zoning Ordinance, shall provide a justification to increase that square footage.
[Amended 12-11-2019 by Ord. No. 32-2019]
5.
In calculating the floor area, the square footage of the residential units that have been determined not to be included in the maximum number of dwelling units under § 23-10.4e, above, once developed, shall be included in the calculation of the amount of floor area for the purposes of determining the maximum permitted floor area.
[Added 12-11-2019 by Ord. No. 32-2019]
g.
Height. The following regulations shall control the height of all buildings, structures and signs in the Planned Development District:
1.
North of the King's Bluff Dividing Line.
(a)
No building, rooftop structure, other structure or sign located north of the King's Bluff Dividing Line but south of the southerly boundary of the North Weehawken View Plane shall have a height greater than 50 feet above sea level.
(b)
No building, rooftop structure, other structure or sign located north of the southerly boundary of the Weehawken View Plane and south of the easterly prolongation of the center line of Cooper Place shall penetrate the North Weehawken View Plane.
(c)
No building, rooftop structure, other structure or sign located north of the easterly prolongation of the center line of Cooper Place shall penetrate the Palisades Plane.
(d)
Any rooftop that is visible from the view elevation (as defined in Subsection 23-3.1) shall be appropriately landscaped or otherwise improved or beautified in a manner satisfactory to the Planning Board. Such rooftop areas shall not be included as common open space. The Planning Board may require the applicant for a planned development to landscape, improve or otherwise beautify any rooftop that is visible from any portion of the Township lying within the Planned Development District, and may, in its discretion, allow such rooftop areas to be included as common open space. In making its determination as to the quality of rooftop landscaping, improvement or beautification required, the Planning Board shall consider the size and scale of the buildings in the planned development, the extent to which rooftops are visible from both within and without the district, the visual impact of the rooftops on the views from the Palisades and the visual impact of the rooftops on views of the Palisades.
(e)
No building, rooftop structure, other structure or sign located north of the King's Bluff Dividing Line shall penetrate the Old Glory Park Harbor View Plane.
2.
South of the King's Bluff Dividing Line.
(a)
Except as otherwise expressly permitted by this section, no building, structure or sign (excluding any other accessory structures such as, but not limited to, mechanical penthouses, T.V. antennas, water towers and the like) located south of the King's Bluff Dividing Line shall be greater than 50 feet in height.
(b)
Clarifying and confirming the already existing buildings over 50 feet and the plans for future redevelopment, and taking into consideration the need of, and restrictions providing for, view corridors between buildings, the maximum height limits shall be as follows: i) the 160-foot limit as addressed in Ordinance 27-2016[2] for certain residential development on Block 34.03, Lot 4.01, shall also be the limit on the portion of Block 34.03, Lot 2.03 and Lots 1.01 and 1.02, which was the subject of the proposed development application, commonly referred to as the "Atir site"; ii) development (residential or commercial) on the properties that are the subject of the conservation easement imposed by NJDEP and recorded in Deed Book 6034, in which Exhibit A begins at page 130, shall be controlled by that NJDEP easement; iii) residential buildings already developed on the following two piers which are part of the planned development shall be limited by the stated height of the existing buildings, that is [Riva Point/Pier H (66 feet plus clock tower) and 1500 Harbor Boulevard/Pier D (79 feet)]; similarly the existing two garages located on Block 34.03, Lot 4.03 and on Lot 4.27 and part of Lot 4.28, shall be limited by the height of those existing garage buildings, that is 66 feet and 55 feet, respectively; iv) if a residential building is proposed for Block 34.03, Lot 2.03, in lieu of the commercial building already approved for that property (Site C), it shall be no greater than the height permitted for commercial development on that lot as described below; v) not more than the two existing commercial buildings located at 1000 and 1200 Harbor Boulevard which have a height of 160 feet, and not more than four commercial buildings having a height greater than 50 feet but less than 110 feet (these four buildings include the existing two hotel buildings located on Block 34.03, Lot 2.03, and the approved commercial building for the location 400 Harbor Boulevard, also a part of Block 34.03, Lot 2.03). All such measurements authorized by this Subsection g2(b) shall be made from grade. Buildings with such heights shall be permitted in all planned developments south of the King's Bluff Dividing Line, provided that no such building:
[Amended 12-11-2019 by Ord. No. 32-2019]
(1)
Is located within a radius of 750 feet from the intersection of the King's Bluff Dividing Line with the westerly boundary of the planned development; and
(2)
Is more than 150 feet wide measured perpendicular to the King's Bluff dividing line.
[2]
Editor's Note: See § D-1l.
(c)
Provision shall be made for appropriate landscaping or screening of roofs and roof structures.
(d)
No building, rooftop structure, other structure or sign located south of King's Bluff Dividing Line shall penetrate the Old Glory Park Harbor View Plane.
(e)
Notwithstanding the other provisions of Subsection 23-10.4g(2)(b), the following provisions shall apply to those portions of Lot 4.21 shown as cross hatched on Exhibit A annexed hereto and made a part hereof:
(1)
Subject to the provisions of paragraph (3) hereafter, one building containing principally permitted nonresidential uses may have a height (including any other accessory structures such as, but not limited to, mechanical penthouses, T.V. antennas, water towers and the like) greater than 50 feet, but not more than 160 feet, provided that the width of such building shall be not more than 150 feet wide measured perpendicular to the Kings Bluff Dividing Line.
(2)
Subject to the provisions of paragraph (3) hereafter, buildings which principally contain dwelling units and accessories thereto may have a height (including any other accessory structures such as, but not limited to, mechanical penthouses, T.V. antennas, water towers and the like) greater than 50 feet, but not more than 85 feet, provided that:
i.
The width of each such building having a height greater than 50 feet shall be not more than 80 feet wide measured perpendicular to the Kings Bluff Dividing Line;
ii.
The minimum distance between such buildings having a height greater than 50 feet, shall be not less than 100 feet measured perpendicular to the Kings Bluff Dividing Line; and
iii.
At least one acre of land across Harbor Boulevard from Lot 4.22 as shown on Exhibit A annexed hereto and made a part hereof shall be common open space devoted to passive and active park purposes or accessory uses thereto, open to the public.
(3)
In no event shall any building exceed the height set forth in that certain Conservation Easement dated June 27, 2002 and recorded in the Office of the Hudson County Clerk/Register at Deed Book 6034, Page 127.
3.
In the Entire Planned Development District.
(a)
The buildings, rooftop structures, other structures or signs built in the Planned Development District shall not obstruct more than 20%, in the aggregate, of the center line of the Hudson River within the Old Glory Park Skyline View Area.
h.
Prohibited locations of buildings.
1.
Palisades preservation setback. Except for a special entry building and other facilities permitted under Subsection 23-10.4, paragraph i2, no building, structure or sign shall be permitted in any portion of the Planned Development District lying west of the Conrail right-of-way south of the center line of 48 Street projected easterly. North of the center line of 48 Street projected easterly, no building, structure, or sign, except for a special entry building and such other facilities described above, shall be permitted in any portion of the Planned Development District lying west of a line drawn 350 feet easterly from, and parallel to the center line of Boulevard East.
2.
Limited build zone. A Limited Build Zone is hereby established from the southerly line of the North Weehawken View Plane to the easterly projection of the center line of 48 Street, which Limited Build Zone shall extend from the westerly line of the Conrail right-of-way 70 feet in an easterly direction. In the Limited Build Zone 50% of the lineal footage shall be limited to buildings of a height of no more than 70 feet above sea level. In the 70 feet height limit zones landscaped roofs or such other innovative rooftop and attendant beautification which shall effectively integrate the structures and the Limited Build Zone with the natural landscape of the Palisades Preservation shall be required. In the view corridors, the height shall be limited to no more than 50 feet above sea level. The permitted 50% of the lineal footage in which the height shall be limited to 70 feet above sea level shall include all of the lineal footage of the Limited Build Zone between the southerly side of Duer Place prolonged easterly and the northerly side of Eldorado Place prolonged easterly.
3.
Minimum distances between buildings.
(a)
Except as otherwise provided in this chapter, the distance between buildings shall be at least 60 feet at street level and at least 100 feet at an elevation of 100 feet above the street level.
(b)
In a planned development north of the King's Bluff Dividing Line, there shall be an east-west view corridor at least 60 feet wide at street level along every east-west street in the planned development. In addition, for the portions of buildings at an elevation of 80 feet or more above street level, there shall be a distance of at least 50 feet from those portions to the center line of the view corridor.
(c)
In the Planned Development District north of the southerly boundary of the North Weehawken View Plane, there shall be:
(1)
The Old Glory Park View Corridor;
(2)
The Fifty-First Street View Corridor; and
(3)
Other view corridors in the area governed by the Palisades Plane such that the total width of the view corridors in that area (including the Old Glory Park View Corridor and the Fifty-First Street View Corridor) shall not be less than 250 feet at grade level; and
(4)
Other view corridors such that the total width of all such view corridors, (including the Old Glory Park View Corridor, the Fifty First Street View Corridor and all other view corridors in the area governed by the Palisade Plane), shall be not less than 1,150 feet at grade level.
To the extent practicable, view corridors shall be provided at intervals of not more than 600 feet, center line to center line.
i.
Common open space.
1.
General provisions.
(a)
Except as otherwise provided herein, parks, playgrounds, natural areas, landscaped areas, conservation areas, waterfront areas and waterfront easement areas designated in a planned development site plan as common open space, either deeded to the municipality or county or reserved for residents or employees of the Planned Development shall be considered common open space;
(b)
Required recreation spaces to serve residents as required by Subsection 23-10.4.1 shall not be considered common open space;
(c)
Ponds within land areas existing at the time of application for preliminary approval of a planned development may be considered as common open space provided that the area of such ponds is not included within the priority areas in Subsection 22-10.2 of the Land Development Review Ordinance; and
(d)
Water areas may, in the discretion of the planning board, be considered as common open space provided that all of the following conditions are met:
(1)
The area of such water shall not have been included within priority areas in Subsection 22-10.2 of the Land Development Review Ordinance;
(2)
Such water areas shall not be more than 10% of the required common open space;
(3)
Such water areas must be located west of the present shoreline as shown on the map entitled "Proposed Zoning Map, Township of Weehawken" prepared by Planning Association of North Jersey in August 1974 and revised through December 8, 1986 and filed with the Township Clerk; and
(4)
Such water areas must be used solely as landscape elements.
(5)
Water areas for the dockage of vessels shall not be considered common open space. Areas for dockage of vessels shall include all areas where ships and boats, either for pleasure or commercial use, are permitted to remain tied or made fast to any dock, slip, pole or structure for any period of time;
(e)
Any open space land area less than 20 feet in its least dimension shall not be included in calculating the required common open space area;
(f)
Any area of piers less than 10 feet in its least dimension shall not be included in calculating required common open space area;
(g)
Any area of land or piers less than 100 feet long shall not be included in calculating required common open space area;
(h)
The aggregate of all open space land and pier areas that are less than 50 feet wide or less than 5,000 square feet in area shall not be more than 25% of the remaining required common open space after deducting from the total common open space: (i) the land areas on top of the Palisades and the cliff face described in Subsection 22-10.2, paragraph b1 and 2; and (ii) the aggregate of developed open space and quality passive open space required by Subsection 23-10.4, paragraph i4.
(i)
The required waterfront walkway described in Subsection 23-10.4, paragraph a5, shall not be included as common open space.
(j)
The required common open space shall not include any open space that is restricted in its enjoyment to particular owners, tenants, and occupants of the Planned Development or their respective employees, licensees or invitees.
(k)
The following public parking requirements shall be included among the standards within the Planned Development, in addition to any other more specific conditions or requirements that may be set forth elsewhere in this section with respect to parking: the planned development shall include at least 200 surface and/or structured parking spaces which shall be made available to the public permanently, which shall be free of charge for a period of four consecutive hours. The locations and any other conditions of all such required parking shall be as approved by the Planning Board.
[Added 12-11-2019 by Ord. No. 32-2019]
(l)
The following Weehawken resident parking requirements shall be included among the standards within the Planned Development, in addition to any other more specific conditions or requirements that may imposed by the Board: in addition to the public parking required pursuant to Subsection i1(k), at least 70 contiguous surface and/or structured parking spaces shall be made available free of charge, to be dedicated permanently, accessible to and reserved for the use of those residents of Weehawken who do not live or work in the Planned Development. The locations and any other conditions of all such required parking shall be as approved by the Planning Board.
[Added 12-11-2019 by Ord. No. 32-2019]
2.
Palisades reservation area. The common open space shall include those areas designated as "Public or Private Open Space" on the Township of Weehawken Land Use Plan dated April 1976, prepared by the Planning Association of North Jersey and adopted by the Weehawken Planning Board, except that common open space need not include that portion of a special entry building (hereinafter defined) located within such designated area.
Such common open space shall be held, or dedicated to the public, upon such terms, approved by the Planning Board or other governmental authority having jurisdiction, as will most effectively preserve the beauty of the Palisades and the continued public enjoyment of the vacant areas at the top of the Palisades east of Boulevard East within the Planned Development District.
In the Palisades Reservation Area, existing roads may be improved, widened or relocated so as to facilitate access to a planned development and street fixtures and landscaping elements appurtenant to such a roadway may be constructed. Pedestrian facilities (such as but not limited to walkways, stairways, elevators, or funiculars), open to the public without charge may be built in the Palisades Reservation Area.
In that portion of the Palisades Reservation Area lying north of the easterly prolongation of the center line of Cooper Place, a "Special Entry Building" may be constructed under the following conditions:
(a)
Such a special entry building shall contain means of vertical public transportation, (such as but not limited to elevators or escalators) from the level of Boulevard East to the ground level of the planned development.
(b)
The special entry building shall not be higher in elevation than the Palisades Plane and shall have a landscaped plaza at the Boulevard East level, open to the sky.
(c)
From the plaza of the special entry building, a pedestrian shall have an unobstructed view, at least 150 feet wide, of the New York City skyline and the shoreline of the Hudson River. The area of such plaza shall be part of the common open space required in a planned development.
(d)
The special entry building may, with the approval of the Planning Board, contain any or all of the following:
(1)
A parking garage with at least 75% of the spaces accessible to and reserved for the use of those residents of Weehawken who do not live in a planned development.
(2)
Terminals for mass transit facilities.
(3)
Retail stores and restaurants.
(e)
Satisfactory provisions shall be made for perpetual public access to the facilities of the special entry building and for maintenance of all common spaces contained therein.
3.
Common open space priority. The common open space to be reserved in accordance with this chapter shall be set aside in conformance with the priority schedule in Subsection 22-10.2 of Chapter 22, Land Development Review.
4.
Developed open space.
(a)
For each 200 square feet of floor area in each planned development north of the Kings Bluff Dividing Line, at least 25 square feet of the required common open space shall be:
(1)
Developed open space in contiguous parcels that are reasonably accessible both from the Planned Development and other portions of the Township and that are open for use by the residents, tenants and occupants of the planned development and other residents of the Township; or
(2)
Quality passive open space; provided that in no event shall the aggregate of the quality passive open space utilized to meet the requirements of this paragraph (a) exceed, in any planned development, five square feet for each 200 square feet of floor area in the Planned Development.
(b)
The construction of such developed open space may be staged in accordance with a plan to be approved by the Planning Board in connection with site plan approval provided that:
(1)
The plan for such staging meets the requirements of Subsection 22-10.2, paragraph d; and
(2)
The land area to be developed in later stages for such developed open space shall not be permanently devoted in any prior stage to any inconsistent use.
(c)
In determining whether an applicant has met the requirements of this Subsection 23-10.4, paragraph i4, the Planning Board shall have the right to permit the substitution of other public use facilities (either within the Planned Development or elsewhere in the Township) for the required developed open space provided that:
(1)
No substitute public use facilities shall be permitted in lieu of the required quality passive open space provided under Subsection 23-10.4, paragraph i4(a) in the Planned Development; and
(2)
The Planning Board, in its discretion, determines that: (i) the common open space provided in the planned development meets the minimums set forth in Subsection 23-10.4, paragraph e; and (ii) the developed open space theretofore provided in the Planned Development District is sufficient to meet the needs of the Planned Development and the Township.
5.
Dedicated developed open space. In each planned development north of the Kings Bluff Dividing Line, the applicant may meet its requirement for developed open space by providing dedicated developed open space, if:
(a)
The improvement plans for the developed open space are satisfactory to the Planning Board. In making any such determination, the Board shall consider the following standards:
(1)
The dedicated developed open space shall be accessible to residents of the Planned Development and the Township;
(2)
The improvements proposed for the dedicated developed open space shall be of appropriate quality and design to make it usable and enjoyable to the residents, tenants, and occupants of the Planned Development and residents of the Township;
(3)
The dedicated developed open space shall include improvements designed to address the recreational needs of the Township; and
(4)
The improvements shall be of substantial quality and design and constructed in a manner that will minimize as much as practical, maintenance and repair expenses.
(b)
The applicant for the Planned Development shall undertake, as a condition of preliminary approval, to construct and complete the approved improvements of the dedicated developed open space in accordance with the approved plans and an approved staging plan and shall provide appropriate performance guarantees therefor;
(c)
The Township Council shall agree to accept such dedicated developed open space when the improvements have been completed; and
(d)
Upon completion of the improvements the approved dedicated developed open space shall be dedicated to the Township or other designated governmental authority in a manner approved by the Township Council.
j.
Off-street parking and loading. All regulations governing parking and loading areas set forth in Subsections 23-9.2 through 23-9.15, as amended, shall be applicable to a planned development except that the number of parking spaces for office use shall be one space for every 300 square feet of floor area. In lots or garages of 300 spaces or more, up to 30% of the spaces may be nine feet by 17 feet in size.
In approving a planned development, the Planning Board shall modify the number of required parking spaces to take into account the capacity of mass transit facilities for the planned development. In no event however shall the number of parking spaces be reduced to less than one space per 1,000 square feet of office space or one space per dwelling unit.
Remote site parking shall be encouraged and parking in such remote sites shall be included in determining compliance with parking requirements under this section, provided that arrangements satisfactory to the Planning Board have been made to assure that such parking will remain available for the planned development.
k.
Landscaping in parking areas. Any parking area, (including, but not limited to, parking areas on the upper deck of parking garages) in a planned development that is visible from the view elevation shall be appropriately landscaped or otherwise improved or beautified in a manner satisfactory to the Planning Board. The Planning Board may require the applicant for site plan approval of a parking area in a planned development to landscape, improve or otherwise beautify any parking area that is visible from any portion of the Township lying within the Planned Development District. In making its determination as to the quality of the parking area when such landscaping, improvement or beautification is required, the minimum standard for such landscaping, beautification or improvement shall be one shade tree designated on the list for urban shade trees promulgated by the New Jersey Shade Tree Federation for each 10 parking spaces in the parking area. At least 5% of the parking area shall be landscaped. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays, or in diamonds between parking stalls. All landscaping in parking areas shall be placed so that it will not obstruct sight distance. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs or ground cover or covered with mulch.
l.
Special regulations for residence. Residences are permitted as part of a planned development under the following conditions:
1.
General Conditions Applicable to All Planned Developments.
(a)
(Reserved)
(b)
The area devoted to residence shall have a gross residential density (as defined in Subsection 23-3.1) of not more than 100 dwelling units per acre.
2.
Conditions applicable south of the king's bluff dividing line. In all planned developments south of the King's Bluff Dividing Line:
(a)
There shall be a minimum of 250 dwelling units and a maximum number of dwelling units which shall be controlled by the provisions of § 23-10.4e.
[Amended 12-11-2019 by Ord. No. 32-2019]
(b)
The aggregate floor area of all dwelling units, excluding common areas in the buildings and excluding garages, shall be included in the calculation of the total amount of floor area in the planned development pursuant to § 23-10.4f.
[Amended 12-11-2019 by Ord. No. 32-2019]
3.
Conditions Applicable North of the King's Bluff Dividing Line. In all planned developments north of the King's Bluff Dividing Line:
[Amended 6-23-2021 by Ord. No. 10-2021]
(a)
The aggregate number of dwelling units in all planned developments shall not exceed 3,109 units.
(b)
The aggregate floor area of the dwelling units in all planned developments, excluding common areas within the buildings and excluding garages, and shall not exceed 3,391,000 square feet.