Crossroads Meets All ‘Gospel Ordinance’ Standards

The saga of Mahwah’s Zoning Ordinance 1684 is a complicated one. The law – which dictates what specifically is allowed to be built on the Crossroads property off Route 17 – was first passed by the township council in 2011. It was in place when the Crossroads Developers submitted a site plan application for the development. But, was later rescinded by the council, and is no longer a township ordinance. Several lawsuits surrounding the validity of the law are still pending.

However, since it was in place when the site plan is submitted, Ordinance 1684 is the one the developer must comport to in its design.

At a session of an ongoing Planning Board hearing Monday night, professional planner Michael Kauker testified that the design and plans for the proposed Crossroads Town Center, the 600,000 square foot retail development that, if approved, would surround the Sheraton Mahwah Hotel, are completely in line with the ordinance.

According to Kauker, there are 36 specific line items in the ordinance dealing with topics like the required setback of the development’s buildings from the major highways surrounding it, the allowed amount of impervious surfaces, and the required number of parking spaces. All of the requirements are met or exceeded in the current design of the complex, he said.

There is one aspect of the design that the developer has chosen not to include in its initial plan, Kauker said. The developer is allowed an additional 150,000 square feet of office, hotel, or recreational space that it has not included in its site plan application.

However, when board members questioned what would happen if they nixed a required ball field at the back of the development, representatives of the developer said the office space or hotel could legally become a part of the plan.

Currently, 1684 calls for 20 acres of passive open space along the Ramapo River, and six acres of active open space along the river. The site plan fulfills the requirements with a ball field proposed at the back of the development.

The ball field has become controversial, with several board members and members of the public questioning its placement.

Monday night, when asked what would happen if the board decided it did not want the rec field, Jaworski said the space it previously was planned to occupy could be replaced by the currently unplanned-for hotel or office development. Though he said no plans currently exist for that.

Board members would be able to get rid of the recreational requirement, but would not be permitted, under the ordinance, to require the developer to build a rec field somewhere else in the township, officials said Monday.

Board member Chuck Jandris questioned how the much-debated ordinance - which has been called the “Gospel” and “Bible” Ordinance at previous hearings because the developer is obligated to comport to the requirements outlined in it - came to be initially.

Crossroads attorney Jim Jaworski said it’s been “no secret” that 1684 was a “collaborative effort,” between Kauker, then-township planner Joe Burgis, and township officials.

Jandris and members of the public questioned, then, why proving that the design meets the ordinance standards was necessary at Monday night's hearing.

“I’m concerned that we’re burning time here if the plan was [of course designed for 1684],” Jandris said.

Jaworski responded that the developer has an obligation during the hearing to put on the record that the site plan is in compliance with the ordinance.

The ongoing public hearing on the development is set to continue June 24, when security at the development will be discussed.

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