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Ordinances
TOWNSHIP
OF VERNON
ORDINANCE #06-35
AN ORDINANCE ESTABLISHING A REDEVELOPMENT PLAN FOR THE MOUNTAIN CREEK REDEVELOPMENT AREA, DESIGNATING THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF VERNON AS THE REDEVELOPMENT ENTITY, AND ESTABLISHING LAND USES AND REQUIREMENTS IN THE PROJECT AREA.
WHEREAS, on September 18, 2006, the Township Council of the Township of Vernon adopted Resolution #06-151 establishing the Mountain Creek Redevelopment Area;
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Vernon, in accordance with the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1, et seq.) (hereinafter referred to as “LHRL”), that the following provisions shall constitute the Mountain Creek Area Redevelopment Plan:
Section 1. Mountain Creek Redevelopment Area.
Consistent with Resolution #06-151, adopted September 18, 2006, the following properties shall be subject to the Mountain Creek Area Redevelopment Plan: Block 183, Lots 12 and 13; Block 184, Lots 12-16, 18, 25, and 25.01; Block 190, Lots 9, 10, 10.01, and the easterly corner of Lot 11 being that portion above the tree line shown on the filed site plan map 225 (FSP) 85 in Sussex County.
Section 2. Implementation of the Mountain Creek Redevelopment Project.
The Mountain Creek Redevelopment Area Plan provides for the implementation of the Mountain Creek Redevelopment Area Project, which will encompass the entire Mountain Creek Redevelopment Area and which will be carried out in full compliance with the LRHL and any other applicable statutes and ordinances.
Section 3. Relationship to Definite Local Objectives
Pursuant to N.J.S.A. 40A:12A-7.a(1), the provision of additional resort and commercial land uses along Route 94, especially in the form of a well-designed and planned four-season commercial resort development, will further the continuing efforts to enhance the quality of life and tax base of the Township of Vernon, stimulate the proper growth of jobs, retail, and other economic opportunities in Vernon, eliminate the underutilization of the Mountain Creek Redevelopment Area and promote the public health, safety, morals and welfare.
Section 4. Proposed Land Uses and Building Requirements in the Redevelopment Area.
Pursuant to N.J.S.A. 40A:12A-7.a(2), the land uses and building requirements proposed in the project area shall satisfy the following requirements:
A. Purpose.
The purpose shall be to establish a Mountain Resort complex in conjunction with outdoor recreational and conservation uses in adjacent conservation zones. It is contemplated the Mountain Resort will encompass a substantial area of land, and that the use of such land will 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.
B. Principal Use.
The sole permitted principal use in the project area 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, 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. A Mountain Resort shall have as a required component a ski area which shall include one or more ski slopes and one or more ski lodges.
C. Development Requirements.
(1) A Mountain Resort shall consist of no more than 1.437 million square feet of space among the various elements.
(2) There shall be a maximum of 1,677 hotel units, also referred to as lodging units, in a Mountain Resort. The occupancy of units shall be primarily transient in nature, meaning occupancy of less than 30 days.
(3) There shall be no more than 220,000 square feet of other commercial space, including ski resort support services, but excluding hotel units.
(4) The minimum tract area for establishment of a Mountain Resort shall be 185 acres.
(5) 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.
(6) 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.
(7) 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, other commercial component, lot, building or a portion of any building.
(8) 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.
(9) 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 developer 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.
(10) 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.
(11) 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.
(12) Parking requirements shall be as follows:
(a) 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.
(b) In addition to parking for hotel units, a Mountain Resort shall, at all times, maintain a minimum of 1,000 additional surface parking spaces.
(c) 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.
(d) 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 Land Development Ordinance applicable to other commercial uses.
(e) 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.
(f) In any application for development, the developer shall be permitted to defer construction of 40% of the surface parking required in Paragraph C(12)(c), above, until construction of a total of 637,000 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 637,000 square feet of space, the developer may continue to seek a waiver for up to 40% of the additional required surface parking under Paragraph C(12)(c); 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.
(13) 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%.
(14) The following specific uses shall be permitted as components of a Mountain Resort:
(i) Hotel units
(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, hotels, 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.
(15) Except as modified by this Ordinance, the bulk criteria of the CR zone district contained in the Land Development Ordinance as currently in effect as of the date of adoption of this Ordinance shall apply and is incorporated herein by reference. The developer shall be permitted to seek an exception from any applicable requirements of the CR zone district if literal enforcement of one or more of those provisions are impracticable or would exact undue hardship.
D. Miscellaneous Requirements. The following provisions shall apply to a Mountain Resort:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) The developer shall design a lighting plan to be approved by the Planning Board.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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, hotel units, and other commercial components. 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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 of less than 30 days.
Section 5. No Temporary or Permanent Relocation of Residents
Pursuant to N.J.S.A. 40A:12A-7.a(3), the Mountain Creek Redevelopment Area Project will not involve the temporary or permanent relocation of any residents.
Section 6. No Property to be Acquired by Condemnation in the Mountain Creek Redevelopment Area
Pursuant to N.J.S.A. 40A:12A-7.a(4), the Mountain Creek Redevelopment Area Project will not involve the acquisition by condemnation of any properties in the Mountain Creek Redevelopment Area.
Section 7. Relationship to Master Plans of Contiguous Municipalities.
Pursuant to N.J.S.A. 40A:12A-7.a(5)(a), the Mountain Creek Redevelopment Area Plan is consistent with the Master Plans of the Township of West Milford, Passaic County, Township of Hardyston, Sussex County, and Township of Wantage, Sussex County.
Section 8. Relationship to Sussex County Master Plan
Pursuant to N.J.S.A. 40A:12A-7.a(5)(b), the Mountain Creek Redevelopment Area Plan is consistent with the Sussex County Master Plan.
Section 9. Relationship to New Jersey State Development and Redevelopment Plan
Pursuant to N.J.S.A. 40A:12A-7.a(5)(c), the Mountain Creek Redevelopment Area Plan is consistent with the New Jersey State Development and Redevelopment Plan (“State Plan”). The Mountain Creek Redevelopment Area is located entirely within the Vernon Town Center, a State Plan Designated Center. According to the State Plan, Designated Centers are areas where development and redevelopment are encouraged. Specifically, according to the State Plan, Designated Town Centers are traditional centers of commerce that reflect higher level of investment in public facilities and services than their surrounding environs and provide a core of commercial services and employment in their regions.
Section 10. Relationship to Pertinent Municipal Development Regulations
Pursuant to N.J.S.A. 40A:12A-7.c, the Code of the Township of Vernon, Chapter 330, entitled “Land Development”, and Section 157, entitled “Zoning Districts”, was amended to delete the reference to the “MRPCD Mountain Resort Planned Commercial District”, and substitute in its place and stead reference to the “MR Mountain Resort District,” as adopted in the Township of Vernon Ordinance Number 06-26, adopted by the Township Council on July 10, 2006 (“Mountain Resort District Ordinance”), and amended by Vernon Ordinance #06-32, approved by the Township Council on September 18, 2006. The provisions of the Mountain Resort District Ordinance, as applicable to the redevelopment area, are set forth in this Ordinance and supersede the zoning and development regulations for the Mountain Creek Redevelopment Area. The Township of Vernon Zoning Map is hereby amended accordingly to designate the project area as being subject to the redevelopment plan. To the extent that any pre-existing ordinances and/or resolutions are inconsistent with the ordinance, such ordinances and/or resolutions are hereby superseded by the ordinance.
Section 11. Consistency with Township of Vernon Master Plan.
Pursuant to N.J.S.A. 40A:12A-7.d, The Mountain Creek Redevelopment Area Plan is consistent with the Township of Vernon Master Plan. The Township of Vernon Master Plan provides for expanded and upgraded resort area uses in the Mountain Creek Redevelopment Area, as well as sewer upgrades and the widening of Route 94.
Section 12. Designation of Redevelopment Entity.
Pursuant to the authority granted by N.J.S.A. 40A:12A-4(c), the Vernon Township Council is hereby designated as the redevelopment entity for the Mountain Creek Redevelopment Area Project, and shall have the full powers set forth in the LRHL, except as limited by this ordinance.
Section 13. Financial Agreement.
The Township of Vernon or any designated redeveloper with the permission and cooperation of the Township, may take advantage of financial programs provided by the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq., the Redevelopment Area Bond Financing Act, N.J.S.A. 40A:12A-64 et seq., and/or any other applicable incentive program.
Section 14. Execution of Documents.
The Manager or Mayor of the Township of Vernon, as generally permitted, are hereby designated to execute, and the Township Clerk of the Township of Vernon (“Township Clerk”) is hereby designated to attest to, any and all documents necessary to carry out any of the purposes set forth in this Ordinance.
Section 15. Notice.
The Township Clerk is hereby directed to give notice at least ten (10) days prior to the adoption of this Ordinance to the Sussex County Planning Board and to all other persons entitled thereto pursuant to N.J.S.A. 40:55D-15 and N.J.S.A. 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 N.J.S.A. 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 N.J.S.A. 40:49-2.1.
Section 16. Conflict.
All ordinances or resolutions, or parts of ordinances or resolutions that are in conflict with the provisions of this Ordinance are hereby repealed to the extent necessary.
Section 17. Illegal Provisions.
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.
Section 18. Judgment
If any sentence, section, clause or other portion of this Ordinance, or the application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or repeal the remainder of this Ordinance.
Section 19. Effective Date.
This Ordinance shall take effect immediately upon final passage and publication as required by law and upon filing with the Sussex County Planning Board.
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 September 18, 2006 and the same came up for final passage at the Regular Meeting of the Township Council held on October 23, 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 |
