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Ordinances

TOWNSHIP OF VERNON
ORDINANCE #06-21

AN ORDINANCE AMENDING CHAPTER 330 OF THE TOWNSHIP ADMINISTRATIVE CODE; AMENDING SECTION 157 TO INCLUDE THE MOUNTAIN RESORT ZONE (MR ZONE) AND TO REMOVE THE MRPCD ZONE; AMENDING SECTION 158 TO REVISE THE ZONING MAP BY INCLUDING CERTAIN PROPERTIES IN THE MR ZONE; AND AMENDING SECTION 184 TO INCLUDE REGULATIONS FOR THE MR ZONE

BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX AND STATE OF NEW JERSEY, AS FOLLOWS:

Section 1. The Code of the Township of Vernon, Chapter 330, entitled “Land Development”, Section 157, entitled “Zoning Districts”, is hereby amended to delete the reference to “MRPCD Mountain Resort Planned Commercial District”, and substitute in its place and stead reference to “MR Mountain Resort.”

Section 2. The Code of the Township of Vernon, Chapter 330, entitled “Land Development”, Section 158, entitled “Zoning Map”, is hereby amended to place the following tax map blocks and lots in the MR Mountain Resort Zone District:

Block 183
Lots 12 and 13

Block 184

Block 188.01
Lots 10, 12 through 16, 18, 25 and 25.01
Lots 1 through 19

Block 190
Lots 9, 10 and 10.01

Section 3. The Code of the Township of Vernon, Chapter 330, entitled “Land Development”, Section 184, entitled “Supplemental regulations for certain classifications and districts”, Paragraph G, is hereby deleted in its entirety with the following adopted in its place and stead:

G. Mountain Resort. The following provisions shall apply to a Mountain Resort.

(1) Purpose. The purpose of this ordinance 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. The ordinance 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 ordinance, 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 ordinance 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 (4½) 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 (7½) 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 (4½) stories, but no such portion of any building shall be permitted to exceed seven and one-half (7½) 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 Ordinance, the bulk criteria of the CR zone district as currently in effect as of the date of adoption of this Ordinance shall apply.

(4) Miscellaneous Requirements. The following provisions shall apply to a Mountain Resort:

(a) A developer may seek general development plan (GDP) approval for a Mountain Resort, or seek individual site plans in connection with the creation of a Mountain Resort. An application for GDP approval may be submitted in anticipation of submission of applications for site plan approval, or be submitted in conjunction with any such site plan application.

(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 ordinance 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.

BE IT FURTHER ORDAINED as follows:

1. The Township Clerk is hereby directed to give notice at least ten days prior to the adoption of this Ordinance to the County Planning Board and to all other persons entitled thereto pursuant to NJSA 40:55D-15 and NJSA 40:55D-63 (if required). Upon the adoption of this ordinance after public hearing thereon, the Township Clerk is further directed to publish notice of the passage thereof and to file a copy of the Ordinance as finally adopted with the Sussex County Planning Board as required by NJSA 40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Township Tax Assessor as required by NJSA 40:49-2.1.

2. All ordinances or parts of ordinances or resolutions that are in conflict with the provisions of this Ordinance are repealed to the extent necessary.

3. If any article, section, subsection, term or condition of this Ordinance is declared invalid or illegal for any reason, the balance of the Ordinance shall be deemed severable and shall remain in full force and effect.

4. This Ordinance shall take effect after publication and passage according to law.

NOTICE

NOTICE IS HEREBY GIVEN that the above ordinance was introduced and passed on first reading at the Regular Meeting of the Township Council of the Township of Vernon in the County of Sussex, State of New Jersey held in the Municipal Building on June 26, 2006 and the same came up for final passage at the Regular Meeting of the Township Council held on July 10, 2006, at which time, after persons interested were given an opportunity to be heard concerning said ordinance, the same was passed and will be in full force in the Township according to law.

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JANET E.MORRISON, MAYOR

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PATRICIA A. LYCOSKY, R.M.C.
TOWNSHIP CLERK