[Ord. #9306, A I]
There is hereby established a comprehensive zoning plan for
the Borough of Englewood Cliffs which plan is set forth in the text,
map and schedule that constitute this chapter. Said plan is adopted
for the purposes set forth in Chapter 291, Laws of New Jersey 1975
and more particularly for the protection and promotion of the public
health, safety and welfare in the following manner:
a.
Guide to the future growth and development of the Borough in accordance
with a comprehensive plan of land use and population density, as set
forth in the Master Plan of the Borough of Englewood Cliffs that represents
the most beneficial, economically productive, and socially satisfactory
relationships among the residential and nonresidential areas within
the Borough of Englewood Cliffs having regard to their suitability
for the various uses appropriate to each of them and their potentiality
for such uses, as indicated by existing conditions and trends in population,
in building development, and in economic activity, considering such
conditions and trends both within the Borough of Englewood Cliffs
and with respect to its relation to adjacent areas and to the larger
community of Bergen County as part of the New York-New Jersey Metropolitan
Region.
b.
Protecting and conserving the value of land throughout the Borough
of Englewood Cliffs and the value of buildings appropriate to the
various districts established by this chapter.
c.
Assuring a harmonious relationship among the various districts established
by this chapter, minimizing such conflicts among uses as may arise
in connection with the orderly expansion of various use districts
in accordance with the purposes and the intent of this chapter and
in furtherance of the objectives of the Master Plan of the Borough,
and bringing about the gradual conformity of the uses of land and
buildings throughout the Borough of Englewood Cliffs to the comprehensive
zoning plan set forth in this chapter.
d.
Aiding in bringing about the most beneficial relation between the
uses of land and buildings and the movement of traffic through and
the circulation of traffic within the Borough, having particular regard
to the avoidance of congestion on the highways and streets in the
Borough and provision of safe and convenient traffic access appropriate
to the various uses of land and buildings throughout the Borough.
e.
Aiding in providing a guide for public policy and action in the efficient
provision of public facilities and services, and for private enterprise
in building development, investment and other economic activity relating
to the uses of land and buildings throughout the Borough of Englewood
Cliffs.
[Ord. #9306, A II; Ord. #9608, § 1; Ord. #9715,
§ 1; Ord. #9717; Ord. #9801, § 1; Ord. #9905;
Ord. #9908; Ord. #9909, § 1; Ord. No. 2000-02, § 1; Ord. #2002-01; Ord. #2005-38]
a.
General. All words used in this chapter in the present tense include
the future tense; all words in the plural number include the singular
number and all words in the singular number include the plural number,
unless the natural construction of the wording indicates otherwise.
Unless otherwise specified, all distances shall be measured horizontally.
The word "building" includes the word "structure"; the word "lot"
includes the word "plot"; the word "used" shall be deemed also to
include "designed, intended or arranged to be used"; the term "erected"
shall be deemed also to include "constructed," "reconstructed," "altered,"
or "moved"; and the word "shall" is mandatory and not directory. The
word "zone" includes the word "district"; the word "Borough" means
the "Borough of Englewood Cliffs in the County of Bergen, State of
New Jersey." The terms "Borough Council," "Board of Adjustment," "Planning
Board," "Administrative Officer" and "Zoning Officer" mean the respective
said boards and officers of said Borough.
b.
AFFORDABLE
AGENCY
ALTERNATIVE TOWER STRUCTURE
ANTENNA
ASSISTED LIVING RESIDENCE
ATTIC
AUTHORITY
AUTO SALES LOT
AVAILABLE SITE
BACKHAUL NETWORK
BASEMENT
BERM
BLOCK
BUFFER
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
BUILDING, ACCESSORY
BUILDING, MAIN OR PRINCIPAL
CERTIFIED HOUSEHOLD
CLUB
COMMERCIAL VEHICLES
COMMUNITY RESIDENCE - "COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY
DISABLED"
CONDITIONAL USE
COUNCIL
COURT
COVERAGE
CURB LEVEL
DECK, PARKING
DECK, PORCH OR RAISED PLATFORM
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
DRIVEWAY
DWELLING
DWELLING UNIT
DWELLING, DETACHED
ENVIRONMENTAL IMPACT STATEMENT
a.
b.
c.
d.
e.
f.
g.
h.
FAA
FAIR MARKET VALUE
FAIR SHARE PLAN
FAMILY
FCC
FENCE
FLOOR AREA
GARAGE, ACCESSORY
GARAGE, PRIVATE
GASOLINE FILLING STATION
GRADES
GROUND FLOOR LOBBY
HEIGHT
INCLUSIONARY DEVELOPMENT
LOADING SPACE
LOT
LOT COVERAGE
LOT DEPTH
LOT LINE
LOT WIDTH
LOT, CORNER
LOT, FRONTAGE
LOT, INTERIOR
LOT, PARKING
LOW INCOME HOUSING
MARKET RATE UNITS
MOBILE CELLULAR COMMUNICATIONS ANTENNA (SATELLITE ANTENNA)
MOBILE CELLULAR COMMUNICATIONS TOWER (TOWER)
MODERATE INCOME HOUSING
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICE, PROFESSIONAL
PARKING AREA
PARKING SPACE
PERFORMANCE STANDARD
PLACE OF PUBLIC ASSEMBLY
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
REALISTIC DEVELOPMENT POTENTIAL
RESIDENTIAL SINGLE FAMILY DWELLING
RESTAURANT
RESTAURANT, FAST-FOOD
SCHOOL BUSINESS
SCHOOL, PRIVATE
SENDING MUNICIPALITY
SERVICE AREAS
SERVICE ESTABLISHMENT
SET-ASIDE
SETBACK (FRONT)
SITE PLAN
STORY
STORY, HALF
STREET
STRUCTURAL ALTERATION
STRUCTURE
a.
b.
TENANT
TOWER
USE
USE, ACCESSORY
USE, PRINCIPAL
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Specific Definitions. For the purposes
of this chapter, certain words and terms used herein are defined as
follows, unless the context clearly indicates a different meaning.
Shall mean a sale or rent within the means of low or moderate
income households as defined in N.J.A.C. 5:93-7.4.
Shall mean the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
Shall mean man-made trees, clock towers, bell steeples, light
poles and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Shall mean any structure, combination of materials or form
of apparatus which is designed and used for the purpose of sending,
transmitting, receiving or relaying low-power mobile radio waves for
commercial communications systems or other similar technologies. Antenna
shall not include conventional television antenna.
Shall mean, in accordance with N.J.A.C. 8:36-1 et seq., an
assisted living residence shall be defined as a facility which is
licensed by the Department of Health to provide apartment-style housing
and congregate dining and to assure that assisted living services
are available when needed, for four or more adult persons unrelated
to the proprietor. Apartment units offer, at a minimum, one unfurnished
room, a private bathroom, a kitchenette, and a lockable door on the
unit entrance.
Shall mean a space directly below a pitched roof and located
between the roof rafters and the ceiling beams of the story below,
which space is not used for human occupancy.
Shall mean the entity designated by the Borough for the purpose
of monitoring the occupancy, resale and rental restrictions of low
and moderate income housing units.
Shall mean any area, where two or more vehicles in operating
condition are offered for sale or lease or are displayed other than
within a completely enclosed building.
Shall mean a site with a clear title, free of encumbrances
which preclude development for low and moderate income housing.
Shall mean the lines that connect a provider's tower/cell
site to one or more cellular telephone switching offices, and/or long
distance providers, or the public switched telephone network.
Shall mean a story partly underground and having more than
half of its clear height below the finished grade. A basement shall
not be considered a story for purposes of height measurement in determining
the permissible number of stories when used solely for incidental
or accessory storage or for the housing of mechanical equipment which
services the building. Computers are not permitted mechanical equipment.
Shall mean a mound of soil, either natural or man-made, used
as a view obstruction.
Shall mean that property abutting on one side of a street
and lying between the two nearest intersecting or intercepting streets,
or nearest intersecting or intercepting street, parking boundary,
or waterway.
Shall mean an area within a property or site, generally adjacent
to and parallel with the property line, either consisting of natural,
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having
a roof.
Shall mean the total of interior areas measured on a horizontal
plane to the exterior wall of all building levels of the principal
building and all accessory buildings, inclusive of covered and uncovered
porches, terraces, chimneys, steps, stairs and extensions.
Shall mean that in all zones except residential and the B-2
zone, the height of building shall be the vertical distance exclusive
of chimneys and similar features measured from the mean curb level
to the highest point of the building. In the B-2 zone, the height
of the building shall be limited to 35 feet or less from the curb
level immediately adjacent to the front of the building.
In residential zones building height shall be 30 feet (measured
by taking the four corner elevations and the four midpoint elevations
and dividing them by eight by utilizing the house box) of the existing
grade or the finished grade, whichever is greater. In any event the
height of the measure from the mean curb level to the highest point
of the building shall not be more than 32 feet exclusive of chimneys.
Shall mean a line parallel to the front lot line or side
lot line and removed from it by the depth or distance of the required
front yard or side yard requirement.
Shall mean a one-story subordinate building, the use of which
is customarily incidental to that of the main or principal building
on the same lot. Cabanas, gazebos, prefabricated utility sheds and
other structures of this type are considered accessory buildings.
Shall mean a building in which is conducted the principal
use of the lot on which it is situated.
Shall mean a household determined to be income eligible for
a low and moderate income housing unit by a municipal authority after
the Authority has verified the household's gross annual income, credit
history and compared the household's family size to the occupancy
requirements delineated in N.J.A.C. 5:93-9.a(b)14.
Shall mean premises or building reserved for the exclusive
use of members of an organization and their guests for civic, charitable,
social or recreational purposes not conducted for gain, provided that
there are no sales on the premises of any merchandise or service except
to members and except for occasional sales, not more than four times
per year for fund raising for club purposes.
Shall mean every type of vehicle used for commercial purposes,
such as transportation of goods, wares, merchandise and passengers
excepting vehicles of the passenger car type and the type commonly
known as station wagons, but including trailers and construction equipment
of every kind.
Shall mean any community residential facility licensed pursuant
to P.L. 1977, c. 448 (C. 30:11B-1 et seq.) providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons, who
require assistance, temporarily or permanently, in order to live in
the community, and shall include, but not be limited to: group homes,
half-way houses, intermediate care facilities, supervised apartment
living arrangements and hostels.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in the Zoning Ordinance, and upon the issuance
of an authorization therefor by the Planning Board.
Shall mean the New Jersey Council on Affordable Housing established
under the Fair Share Housing Act and which has primary jurisdiction
for the administration of housing obligations in accordance with sound
regional planning considerations in the State.
Shall mean an unoccupied space on a lot other than a yard.
An outer court is one that extends to a street line or to a front
or rear yard. An inner court is any other court.
Shall mean the percentage of the lot covered by the principal
and accessory building area.
Shall mean the mean level of the existing or proposed curb
or in the absence of a curb, of the lot at the street line.
Shall mean a horizontal surface which forms a roof or platform
supported on columns or walls.
Shall mean a horizontal surface extending or cantilevered
from the main body of the dwelling, which may be supported on columns
or footings, enclosed by an open railing extending around its perimeter.
In the following list each district shall be deemed to be
more restricted than the districts the symbols for which follow it:
R-A, R-B, R-B1, B-1, B-2, B-3, B-4, I. Individual uses shall be deemed
to be more restricted or less restricted in accordance with their
classification in the foregoing list of districts.
Shall mean an area leading from a public or private thoroughfare
into any property used especially by automobiles and surfaced with
macadam, concrete or crushed stone.
Shall mean a building containing a dwelling unit. The term
"dwelling" or "one-family dwelling" shall not be deemed to include
hotel or other accommodations used for more or less transient occupancy.
Shall mean a building or portion thereof having cooking and
plumbing facilities for one family.
Shall mean a one-family dwelling which is completely surrounded
by open space which constitutes yard standards as required by this
chapter.
Shall mean a statement which shall provide information needed
to evaluate the effects of a proposed project upon the environment
of the Borough and the surrounding area and which shall include the
following:
An inventory of existing environmental conditions at the project
site and in the surrounding region which shall describe air quality,
water quality, water supply, hydrology, geology, soils, topography,
vegetation, wildlife, aquatic organisms, ecology, demography, land
use, zoning, aesthetics, history and archaeology.
A project description which shall specify what is to be done
and how it is to be done, during construction and operation.
A listing of all licenses, permits or other approvals as required
by law and the status of each.
An assessment of the probable impact of the project upon all
topics described in paragraph a hereinabove.
A listing of adverse environmental impacts which cannot be avoided.
Steps to be taken to minimize adverse environmental impacts
during the construction and operation, both at the project site and
the surrounding region.
Alternatives to all or any part of the project with reasons
for their acceptability or unacceptability.
A reference list of all pertinent published information relating
to the project, the project site, and the surrounding region.
Shall mean the Federal Aviation Administration.
Shall mean the unrestricted price of a low or moderate income
housing unit if sold at the current real estate market rate.
Shall mean that plan or proposal, which is in a form that
may readily be converted into an ordinance, by which the Borough proposes
to satisfy its obligation to create a realistic opportunity to meet
its fair share of low and moderate income housing needs of its region
and which details the affirmative measures the Borough proposes to
undertake to achieve its fair share of low and moderate income housing,
addresses the development regulations necessary to implement the housing
element, and addresses the requirements of N.J.A.C. 5:93-7 through
11.
Shall mean one or more persons related by blood, adoption
or marriage exclusive of household servants. A number of persons but
not exceeding two living and cooking together as a single housekeeping
unit although not related by blood, adoption or marriage shall also
be deemed to constitute a family for purposes of this chapter. A family
shall also include foster children placed with a family by the New
Jersey Department of Institutions and Agencies, Division of Youth
and Family Services or a duly incorporated child care agency and children
placed pursuant to law in single family dwellings known as group homes.
Shall mean the Federal Communications Commission.
Shall mean an artificially constructed barrier made of wood,
masonry, stone, wrought iron or wire.
Shall mean the entire floor area of each floor measured to
the interior perimeter of the exterior walls of the building.
Shall mean a one-story accessory building or part of a main
building used only for the storage of motor vehicles as an accessory
use.
Shall mean a garage in which no business, commercial service
or industry connected with motor vehicles is carried on.
Shall mean any establishment supplying and selling gasoline
or other motor fuel or oil directly to motor vehicles from a pump
located outside a building and on private property, and wherein the
building establishment shall be permitted the sale of accessories;
and also repair and service of passenger vehicles, within a part of
the building limited in area to a space not exceeding that required
to house three passenger vehicles, but not including auto body work,
welding, spray painting or car washing, except where the car washing
is incidental to the general servicing of the vehicles.
New grades may exceed up to 18 inches from the original grade
of the subject lot for the purpose of height calculations if permitted
by the Borough Engineer.
Shall mean space located on parking level (grade level) with
offices above and shall be limited to stairwells and/or elevator.
Reception area or areas which require occupancy by personnel are prohibited.
Ground floor lobby area shall be excluded from gross area for parking
requirements.
Shall mean, when referring to a tower, the distance measured
from the lowest finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
The height of the antenna shall not include any lightning rod mounted
at the top of the tower.
Shall mean a development containing low and moderate income
units. This term includes, but is not necessarily limited to, new
construction, the conversion of a nonresidential structure to a residential
structure and the creation of new low and moderate income units through
the substantial rehabilitation of a vacant residential structure.
Shall mean any off-street space not less than 12 feet wide
and 30 feet long or longer, surfaced to be available in all weather,
suitable for the loading or unloading of goods and having direct access
to a street or alley.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit; and occupied by one building and accessory
building incidental to it.
Shall mean that portion of a lot covered by the largest floor
area of all structures, both principal and accessory.
Shall mean the mean distance between its mean front lot line
and its mean rear lot line.
Shall mean the line of demarcation between public and private
properties or adjoining private properties.
Shall mean the mean width of a lot measured at right angles
to its mean depth.
Shall mean a lot at the junction of and abutting on two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
Shall mean the narrower side of the lot abutting a street,
regardless of the location of the principal entrance of a building
thereof. Where two lot lines abutting streets are of equal width,
the owner shall have a choice in designating which shall be the lot
frontage.
Shall mean a lot other than a corner lot.
Shall mean an area not within a building where passenger
vehicles may be stored for the purpose of short-term, daily, or overnight
off-street parking.
Shall mean housing affordable according to the Federal Department
of Housing and Urban Development or the standards included in this
chapter for home ownership and rental costs, occupied or reserved
for occupancy by households with a gross household income level equal
to 50% or less of the median gross household income for households
of the same size within the housing region in which the housing is
located, and which is subject to affordability controls promulgated
by COAH.
Shall mean housing within an inclusionary development, not
restricted to low and moderate income households, that may sell at
any price determined by a willing seller and a willing buyer.
Shall mean any structure, combination of materials or form
of apparatus which is designed and used for the purpose of sending,
transmitting, receiving or relaying low-power mobile radio waves for
commercial communications systems or other similar technologies. Satellite
antenna shall not include conventional television antenna.
Shall mean a free standing structure of any type which is
designed, intended or constructed for the installation of or on which
is fixed a mobile cellular communications antenna or antennas.
Shall mean housing affordable according to the Federal Department
of Housing and Urban Development or the standards in this chapter
for home ownership and rental costs, occupied or reserved for occupancy
by households with a gross household income in excess of 50% but less
than 80% of the median gross income for households of the same size
within the housing region in which the housing is located, and which
is subject to the affordability controls promulgated by COAH.
Shall mean a structure, the size, dimension or location of
which was lawful prior to the adoption, revision, or amendment of
the Zoning Ordinance, but which fails to conform to the requirements
of the zoning district in which it is located by reasons of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of the Zoning Ordinance, but which
fails to conform to the requirements of the zoning district in which
it is located by reasons of such adoption, revision or amendment.
Shall mean that part of a building wherein the clerical and
administrative functions of a business are conducted; or where professional
services are provided to clients or patients; such as offices of physicians,
dentists, lawyers, engineers, architects, accountants, professional
planners and insurance agents.
Shall mean any open unoccupied space used or required for
use for parking of private automobiles or other private vehicles exclusively
and in which no gasoline or automobile accessories are sold and no
other business is conducted.
Shall mean an off-street space (a) available for the parking
of one motor vehicle, (b) being at least nine feet wide and 19 feet
in length, exclusive of passageways and driveways appurtenant thereto,
and (c) having direct usable access to a street or alley. All parking
spaces, whether open or enclosed shall be paved in accordance with
the Borough Engineer's specifications.
Shall mean a criterion established to control noise, air
or water pollution, vibration, fire or explosion hazards, glare, heat
or other condition harmful to the health, safety and comfort of humans,
animals and plants which conditions are generated by or inherent in
uses of land or buildings.
Shall mean a meeting hall, club house, auditorium, church,
synagogue, or other structure or portion of a structure, accommodating
10 or more persons and used at regular or periodic intervals as a
gathering place for purposes of conference, deliberation, worship,
entertainment, amusement, recreation or education, or performance
of social, athletic or cultural programs.
Shall mean any tower or antenna for which a building permit
has been properly issued prior to the effective date of this ordinance,[1] including permitted towers that have not yet been constructed
so long as such approval is current and not expired.
Shall mean the municipal obligation as calculated pursuant
to N.J.A.C. 5:5:93-4.2(e).
Shall mean a separate building designated for, or occupied
by, exclusively a one-family unit. A separate entrance, a separate
kitchen and a separate bathroom shall be prima facie proof that it
is the intention of the owner to create a multi-family dwelling and
the same shall be prohibited in a single family residential district.
Shall mean an establishment serving food and/or beverages
for consumption within the building in which the food is prepared.
Shall mean an establishment where orders are primarily taken
and food is dispensed to the public at a take-out counter or drive-in
window, whether for on-premises or off-premises consumption (excluding
luncheonette, diner, tavern counter or bar service).
Shall mean a school limited to special instruction such as
a business, art, music, trades, handicraft, dancing or riding.
Shall mean an elementary or intermediate school giving regular
instruction capable of meeting the requirements of State compulsory
education laws and approved as such and operating at least five days
a week for a normal school year and supported by other than public
funds.
Shall mean for purposes of an RCA, a Borough which transfers
a portion of its fair share obligation to another willing municipality.
Shall mean areas used for corridors, washrooms, stairwells,
elevators, electrical rooms and mechanical rooms.
Shall mean a business employing less than six employees and
occupying less than 2,000 square feet of floor area conducted to render
a personal service including shoe repair shops, dry cleaning shops,
laundries or conducted to render a household service including the
repair of watches, clocks, locks, furniture, radios, television sets
and other household appliances, but not including the repair of furnaces
and boilers, refrigerators, air conditioners and other articles of
similar bulk and weight.
Shall mean the percentage of housing units devoted to low
and moderate income households within an inclusionary development.
Shall mean the distance between the street right-of-way line
and the front line of a building, or any projection thereof, excluding
uncovered steps.
Shall mean a development plan of one or more lots on which
is shown (a) the existing and proposed conditions of the lot including
but not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways, (b) the location of all existing and
proposed buildings, drives, parking spaces, walkways, means of ingress
and egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices, and (c) any other information
that may be reasonably required in order to make an informed determination
pursuant to this chapter requiring review and approval of site plans
by the Planning Board or Board of Adjustment.
Shall mean that portion of a building included between the
surface of any floor and the surface of the floor next above it, or
if there be no floor above it, then the space between the floor and
the ceiling next above it. When applying to the permissible height
of a building, the term "story" shall not include a basement as defined
in this section. In a structure having floors that do not extend across
the entire length and width of the structure at one height, commonly
known as split-level design, the number of stories shall be determined
by counting the number of floors directly over each other at that
side or end of the building having the greater number of floors or
levels. For office buildings, ground level parking below an office
floor shall not constitute a story. The overall building height limit
in feet shall apply also.
Shall mean that portion of a building situated above a full
story and having at least two opposite exterior walls meeting a sloping
roof at a level not higher above the floor than five feet.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way (1) which is an existing State, County
or municipal roadway, or (2) which is shown upon a plat heretofore
approved pursuant to law, or (3) which is approved by official action
as provided for by law, or (4) which is shown on a plat duly filed
and recorded in the office of the County Recording Officer prior to
the appointment of a Planning Board and to grant to such board the
power to review plats; and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines.
Shall mean any change in or addition to the supporting members
of a structure.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land except:
Any area adjacent to a dwelling improved by pavement or other
construction material to be used for outdoor dining or other recreational
purposes commonly known as a "patio" provided that the surface of
said improved area shall not be more than six inches above the ground
level and that said improved area shall be without walls or railings
of any kind and without a roof, canopy or other, similar permanently
fixed coverages; and
Any permanently surfaced walkway or driveway installed at ground
level shall not be deemed to be a "structure" within the meaning of
the term as used in this chapter.
Shall mean an occupant of the building renting internal space
and not renting any portion of the building for the sole purpose of
erecting or affixing an antenna or tower upon the building.[2]
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antenna for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
Shall mean the specific purpose for which land or a building
is designed, arranged, intended, occupied or maintained. The term
"permitted use" or its equivalent shall be deemed to include any nonconforming
use.
Shall mean a use which is customarily incidental and subordinate
to the principal use of a lot or a building and located on the same
lot therewith.
Shall mean the specific purpose for which land or building
is designed, arranged, intended, or for which it is or may be occupied
or maintained.
Shall mean an open space of uniform width or depth on the same lot with a building, which open space lies between the building and the nearest lot line and is unoccupied and unobstructed from the ground upward except for certain features specified in Section 30-6.
Shall mean a yard extending across the full width of the
lot and lying between the front line of the lot and the nearest point
of the building.
Shall mean a yard extending across the full width of the
lot and lying between the rear line of the lot and the nearest point
of the building.
Shall mean a yard between the side line of the lot and the
nearest point of the building or structure and extending from the
front yard to the rear yard, or, in the absence of either of such
yards, to the front or rear lot line, as may be.
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Note: Any structure (retaining walls excluded) below grade shall
conform to the side yard, rear yard and front yard requirements.
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[Ord. #9306, A III; Ord. #9608, § 2; Ord. #9909,
§ 9; Ord. #9910; Ord. No. 2012-20, §§ 1, 5]
In order to regulate and restrict the location of buildings
intended for residential and nonresidential purposes; to regulate
and limit the size and height of buildings; to regulate the use and
limit the intensity of the use of the land and the density of population;
and to regulate and determine the size of yards and other open spaces
surrounding buildings, the Borough is hereby divided into districts,
of which there shall be 10 in number, known as:
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R-A
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Residential, Single-Family
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R-B
|
Residential, Single-Family
|
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R-B1
|
Residential, Single-Family
|
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B-1
|
Office
|
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B-2
|
Limited Business
|
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B-2A
|
Limited Business Southeast Overlay
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B-3
|
Special Retail
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B-4
|
Restricted Commercial
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I
|
Institutional
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The aforesaid districts are hereby established by the designations,
locations and boundaries thereof set forth and indicated on a map
entitled "Zoning Map, Borough of Englewood Cliffs, New Jersey" and
dated 10 January 1979, as revised to April 11, 1996, which map is
hereby adopted as part of this chapter insofar as it indicates said
designations, locations and boundaries.[1]
Editor's Note: Overlay zones may be found in Section 30-5.
a.
In construing the said map the following rules shall apply:
1.
Zone lines follow existing lot lines, municipal boundaries and street
center lines, or are straight-line extensions thereof. Zone line setback
dimensions are indicated where zone depth exceeds one lot or is less
than one lot.
2.
The Zoning Officer or in his absence the Administrative Officer shall
interpret the Zoning Map and in case of doubt, the district boundary
lines shall be determined by the Board of Adjustment.
3.
Questions arising from the application or interpretation of this
section shall be decided by appeal to the Board of Adjustment in accordance
with Chapter 291, Laws of New Jersey 1975 in such case made and provided.
b.
Zoning Map Amendments.
1.
Amend map to create B-2A Limited Business Southeast Overlay at the
following parcels:
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Block 207 Lot 5
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Block 207 Lot 6
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Block 207 Lot 7
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Block 412 Lot 1
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Block 412 Lot 2
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Block 412 Lot 3
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Block 412 Lot 4
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Block 412 Lot 5
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Block 412 Lot 6
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Block 412 Lot 7
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Block 412 Lot 8
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Block 412 Lot 9
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Block 412 Lot 10
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Block 412 Lot 11
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Block 515 Lot 3
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2.
The lands
known as Block 910, Lot 1 as shown on the Borough Tax Maps, also known
as 800 Sylvan Avenue (Sylvan Property), are hereby designated as the
B-2B/AH Limited Business/Affordable Housing District.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-16.]
3.
Amends
the existing zoning map to remove the B-2A Limited Business Southeast
Overlay Zone from overlaying the North Woods of the New LG Corporate
Campus Inclusionary Housing 1 (IH-1) Zone.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-21.]
[1]
Editor's Note: The map referred to herein may be found on
file in the office of the Borough Clerk.
[Ord. #9306, A IV]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, convenience, prosperity and general
welfare.
No building shall hereafter be erected and no existing building
shall be moved, altered, added to, or enlarged, nor shall any land
or building be used, designed or arranged to be used for any purpose
other than a purpose which is included among the uses permitted in
the district in which such building or land is located nor conducted
in any manner contrary to any of the requirements specified in said
district.
No building shall hereafter be erected, reconstructed or structurally
altered to exceed in height, the limit designated for the district
in which such building is located.
No building shall hereafter be erected, nor shall any existing
building be structurally altered, enlarged, rebuilt, or moved, nor
shall any open space contiguous to any building be encroached upon
or reduced in any manner, except in conformity to the yard, lot width
and area, building location, percentage of lot covered by building
area, minimum habitable floor area, off-street parking space, off-street
loading space, and other applicable space and area regulations designed
for the district in which such building or space is located, subject
to such modifications thereof and such general provisions as are set
forth in said district.
Off-street parking space and off-street loading space shall
be provided as specified and shall be provided with necessary passageways
and driveways appurtenant thereto and giving access thereto. All such
parking space and loading space, together with such passageways and
driveways, shall be deemed to be required space on the lot on which
the same is situated and shall not thereafter be encroached upon or
reduced in any manner except as otherwise provided.
No yard or other open space provided contiguous to any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other building,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
Where a lot is formed from part of a lot already occupied by
a building, such separation shall be effected in such manner as not
to impair any of the requirements of this chapter with respect to
the existing buildings and all yards and other open spaces in connection
therewith, except as may be otherwise required or provided by law,
and no permit shall be issued for the erection of a building on the
new lot thus created unless it complies with all of the provisions
of this chapter.
Existing Zone Lots of Record. In the case of any lot or plot
substandard in area or width by the terms of this chapter, the rights
acquired or existing therein for the use of said lot or plot as a
building parcel, shall terminate and become non-existent and void
when the said substandard plot merges in fee with any adjoining land
or property. Such merger shall be deemed to occur when the same person
or persons acquire, obtain or have fee ownership in both parcels whether
by purchase, sale, devise, gift or otherwise.
Nothing in this chapter shall be deemed to require any change
in the plans, construction, or designated use of any building, actual
construction of which was lawfully commenced prior to the time this
chapter or any amendment thereof affecting the same takes effect and
on which building actual construction is completed within one year
after such time.
For single-family detached dwellings, there shall be only one
principal structure per lot. For nonresidential uses, there shall
be only one principal use per lot although more than one structure
shall be permitted; if there are several lessees or owners occupying
separate principal structures, a subdivision shall be required so
that there will be only one principal structure per lot.
[Ord. #9306, A V]
Within the various zones as indicated on the Englewood Cliffs
Zoning Map and subject to all dimensional requirements and other regulations,
requirements and conditions set forth in this chapter, land, buildings
and structures may be used only in accordance with the following subsections.
Any use not listed as a principal permitted use or as a conditional
use is specifically prohibited.
a.
Prohibited
Uses Applicable to All Zones.
1.
Pursuant
to § 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis
establishments, cannabis distributors or cannabis delivery services
are hereby prohibited from operating anywhere in the Borough of Englewood
Cliffs, except for the delivery of cannabis items and related supplies
by a delivery service located outside of the Borough of Englewood
Cliffs.
[Added 7-14-2021 by Ord. No. 21-13]
2.
The following are declared to be a prohibited use in all zones now or in the future provided for in Chapter 30 of the Ordinances of the Borough of Englewood Cliffs: “All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in § 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service” located outside of the Borough of Englewood Cliffs.
[Added 7-14-2021 by Ord. No. 21-13]
[Ord. #9306, A V; Ord. #9906; Ord. #2000-05, § 1;
Ord. #2006-06; Ord. #2008-07]
a.
As principal permitted uses:
1.
Single-family detached dwellings used as a residence by not more
than one family and not to exceed one such dwelling unit on each lot.
2.
Private garage or other accessory buildings customarily incidental
to any permitted use, and provided that no such accessory building
shall be occupied for residential purposes.
3.
Public schools.
4.
Public parks and public recreation areas.
5.
Driveway access to any residential lot shall be limited to a driveway
width and cut of no more than 16 feet per single vehicle driveway
and no more than 22 feet for a two or three car wide driveway located
in the required front yard setback area.
In the case of a circular driveway located in the required front
yard area or in front of the front building wall of the residence,
the width and cut of the driveway shall be limited to 10 feet and
not exceed 30% coverage of the required front yard area. A circular
driveway may exceed a width and cut of 10 feet and up to a maximum
of 12 feet provided that it is constructed of pavers. If this occurs,
the coverage of the required front yard area shall not exceed 35%.
There shall be no paving of any other portion of the front or side
yards except for sidewalks. It being expressly the intent of the governing
body to prohibit paving of said areas for parking or other purposes.
6.
In R-A zones, a driveway shall have a minimum side yard of three
feet. In RB and RB-1 zones, a driveway shall have a minimum side yard
of two feet.
b.
As permitted accessory uses:
1.
Home office use, meaning an office activity carried on for gain by
a resident in a dwelling unit, shall be permitted accessory use in
residential zone districts, provided:
(a)
The use is limited solely to office use;
(b)
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons;
(c)
No nonresident employees, customers, or business invitees or
guests shall visit the dwelling unit for business purposes;
(d)
The use shall be located in only one room of the dwelling unit,
which shall not be served by an entrance separate from the household;
(e)
Interior storage of materials shall only consist of office supplies;
(f)
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to parking, storage, signs or lights;
(g)
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents;
(h)
The use does not require any increased or enhanced electrical
or water supply;
(i)
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district;
(j)
The capacity and quality of effluent is typical of normal residential
use, and creates no potential or actual detriment to the sanitary
sewer system or its components;
(k)
Delivery trucks shall be limited to U.S. Postal Service, United
Parcel Service, Federal Express, and other delivery services providing
regular service to residential uses in the zone district;
(l)
All vehicular traffic to and from the home office use shall
be limited in volume, type and frequency to what is normally associated
with other residential uses in the zone district.
[Ord. #2000-05, § 1]
[Ord. #9306, A V; Ord. #2000-05, § 1]
[Ord. #9306, A V; Ord. #9612]
a.
Business offices, professional offices and governmental offices.
Medical or dental clinics and facilities for rehabilitation and therapy
are expressly prohibited.
[Ord. #9306, A V; Ord. #9904; Ord. #2000-10]
a.
As principal permitted uses:
1.
Boutique-type retail establishments not exceeding 1,600 square feet
of ground floor total area, including florist, gift shop, apparel
shop, drug store/pharmacy, jewelry store, portrait studio, art gallery,
specialty sports store, luggage store.
2.
Accessory parking areas on the same lot as the principal use.
3.
Professional offices.
c.
The following uses are specifically prohibited in this zone:
[Ord. #9306, A V; Ord. #9905; Ord. #9908]
[Ord. #9306, A V]
Lands under the jurisdiction of the Palisades Interstate Park
Commission shall be used for park purposes only; any new construction
shall be subject to site plan approval by the Borough of Englewood
Cliffs Planning Board.
[Ord. #9909, § 9]
a.
As principal permitted and accessory uses:
[1]
Editors Note: Former subsection 30-5.10, Uses Permitted in
the R-C Residential District (Single-Family Affordable Residential
Zone, previously codified herein and containing portions of Ordinance
No. 9608 was repealed in its entirety by Ordinance No. 9910.
[Ord. No. 2012-20, § 2]
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
The entirety of the "Whereas" clauses set forth in Ordinance 20-11
are hereby incorporated by reference.
b.
To implement the Settlement Agreement between the Borough of Englewood
Cliffs and Fair Share Housing Center dated October 8, 2020 (Docket
No. BER-L-6119-15) by permitting the properties referenced below to
be further developed with an inclusionary housing project based upon
the standards set forth herein.
c.
This section establishes the Northern Sylvan Avenue Corridor Inclusionary
Overlay - A (OL-A) Zone, which shall be applied, as shown in the attached
table as Attachment A to this section and shown in the attached map
as Attachment B, in the following areas:[1]
1.
Portion of 800 Sylvan Avenue (Block 910, Lot 1). The site is currently
utilized as a research and development facility. The site is proposed
to be subdivided into two (2) properties, with the smaller remaining
portion of the site to be subject to the overlay zoning.[2]
2.
900 Sylvan Avenue (Block 1201, Lot 8 and Lot 9.01). Lot 9.01 is assumed
as an associated parcel under the tax card for Lot 8. The site is
currently utilized as the CNBC headquarters with ancillary parking.
3.
910-940 Sylvan Avenue (Block 1201, Lots 9.03 and 9.04). The site
is currently a four-building corporate center known as "Sylvan Corporate
Center".
[1]
Attachments on file in the Borough offices.
d.
The Northern Sylvan Avenue Corridor Inclusionary Overlay - A (OL-A)
Zone district shall permit multi-family residential development and
multi-family mixed commercial/residential development satisfying the
use, bulk, and design standards contained hereinafter provided that
at least 20% of all residential units created pursuant to the overlay
zone standards shall be set aside for very-low, low- and moderate-income
households as provided for elsewhere in this section. The affordable
units shall not be age-restricted.
e.
The underlying zone districts' regulatory provisions shall remain
in force. Any existing development on a parcel within the Northern
Sylvan Avenue Corridor Inclusionary Overlay - A (OL-A) Zone that is
compliant with the requirements of the underlying zoning may continue
or expand as it would have prior to the adoption of this overlay zone.
Any developer or property owner that wishes to develop or use a property
in a manner consistent with the existing, underlying zoning may do
so and not be subject to the requirements of overlay zone.
f.
Notwithstanding the foregoing, every site within the Northern Sylvan
Avenue Corridor Inclusionary Overlay - A (OL-A) Zone may be redeveloped
as an inclusionary project subject to the rights and responsibilities
set forth herein including the requirement to make 20% of the units
affordable.
g.
AVERAGE FINISHED GRADE
BUILDING COVERAGE
BUILDING HEIGHT, ACCESSORY BUILDING OR STRUCTURE
BUILDING HEIGHT, MULTI-FAMILY DWELLING, TOWNHOUSE OR STACKED
TOWNHOUSE
DWELLING, MULTI-FAMILY
DWELLING, STACKED TOWNHOUSE
DWELLING, TOWNHOUSE
ELEVATION ABOVE MEAN SEA LEVEL
MULTI-FAMILY FLOOR AREA RATIO
STORY
Definitions. The following terms, as used in this section, shall
have the following meanings:
Shall mean the average finished grade of a building or structure
measured at intervals of ten (10) feet along each exterior wall of
the building or structure i.e., the sum of the results of such finished
grade measurements, divided by the number of such measurements.
Shall mean that portion of a lot covered by the largest floor
area of all structures, both principal and accessory.
Shall mean the measurement from the average finished grade
to the midpoint of the roof for pitched roofs and the highest point
of the roof deck for flat roofs, for any accessory buildings or structures.
Shall mean the measurement of the vertical distance from
the average finished grade to the highest point of the roof deck which
intersects the building's exterior walls.
Shall mean a building containing three (3) or more dwelling
units, including units that are located one over another, where entranceways,
hallways, basements, attics, storage areas, heating systems, yards
and similar services in the building may be individual, shared in
common, or in combination.
Shall mean a two-family dwelling consisting of two vertical
units, with each dwelling unit having individual ground-floor access.
Shall mean a single-family dwelling in a line of three (3)
or more dwelling units attached by plane vertical party walls that
is at least two (2) stories in height, with each dwelling unit extending
from the ground to the roof and having individual ground-floor outside
access and no interior rooms or hallways shared with other dwelling
units.
Shall be defined as a measure of the vertical distance of
a location in reference to the mean sea level (MSL) based on the National
Geodetic Vertical Datum of 1929 (see the NOAA, National Geodetic Survey
website: https://www.ngs.noaa.gov/datums/vertical/national-geodetic-vertical-datum-
1929.shtml)
Shall mean the area of all floors of multi-family buildings,
including spaces within multi-family buildings used for off-street
parking or loading.
Shall mean the portion of a building included between the
surface of any floor and the surface of the next floor above it, or
if there is no floor above it, then the space between the floor and
the ceiling or roof next above it.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
Principal uses. The following uses shall be permitted on any property
within the Northern Sylvan Avenue Corridor Inclusionary Overlay -
A (OL-A) Zone:
1.
Multi-family residential buildings.
2.
Mixed commercial/residential multi-family buildings.
3.
Townhouses or stacked townhouses as defined in § 30-5.12.1g.
4.
All uses enumerated in the underlying zoning (B-2 Limited Business
Zone District).
b.
Accessory uses and structures. The following accessary uses and structures
shall be permitted:
1.
Amenities ancillary to multi-family residential developments, such
as lobbies, fitness centers, storage areas for the residents of the
multi-family buildings, and common area meeting rooms for the residents
of the building.
2.
Active and passive outdoor recreation areas.
3.
Common indoor open space areas.
4.
Parking spaces, driveways, structured multi-level parking garages
provided that any structured parking is enclosed with the same building
materials and finishes used for the main portion of the residential
building.
5.
Refuse and recycling building and/or structure.
6.
Roof decks including furnishings, screening, landscaping shade structures
and facilities.
7.
Stationary generators.
8.
Fences and walls.
9.
Signage.
10.
HVAC equipment and utility cabinets/controllers.
11.
Temporary construction trailers, temporary sales trailer, and/or
temporary sales office through final project Certificate of Occupancy.
12.
Any use or structure that is customarily incidental and subordinate
to the principal use of land or building located on the same lot.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
Minimum gross lot area: 80,000 sq. ft.
b.
Minimum lot width: 125 feet.
d.
Maximum Height.
1.
Principal Buildings. The maximum building height shall be the lower
elevation of 4 stories and 48 feet or 440 feet elevation above mean
sea level, including a parapet.
2.
Parapets. Parapets shall measure a maximum of four (4) feet above
a roof level and shall be stepped back a minimum of 4 feet from the
roof's edge.
3.
Accessory Buildings. No accessory building or accessory structure
shall exceed sixteen (16) feet in height.
4.
Rooftop Appurtenances:
(a)
Rooftop equipment and appurtenances, including elevators, elevator
overrides, air conditioning equipment, egress stair towers and similar
structures ("Rooftop Appurtenances"), shall be permitted to exceed
the maximum building height permitted herein subject to the following
requirements.
(b)
Rooftop Appurtenances shall not occupy more than 20% of the total area of the roof level. No more than 5% of the total roof area may be occupied by equipment or structures measuring up to 10 feet in height and the remaining 15% of the total roof area may be occupied by equipment or structures measuring up to 5 feet in height provided that it is demonstrated that no rooftop appurtenance exceeds the tree line and adversely impacts the scenic view of the Palisades as described under § 30-5.12.10, Palisades Scenic Integrity Protection.
(c)
All rooftop appurtenances not otherwise shielded by a parapet
shall be screened or otherwise visually mitigated such that they are
not visible from eye-level of a person standing on adjacent public
streets.
e.
Maximum impervious coverage: Sixty-five (65%) of total lot area.
f.
Maximum building coverage: Forty percent (40%) of total lot area.
j.
The preceding standards shall apply to the Northern Sylvan Avenue
Corridor Inclusionary Overlay - A (OL-A) Zone. All other provisions
and standards of the Borough of Englewood Cliffs Code shall apply
to any development in the Northern Sylvan Avenue Corridor Inclusionary
Overlay - A (OL-A) Zone, including any commercial use that is incorporated
into a mixed commercial/residential mixed use building, unless the
provision or standard is in conflict with the provisions or standards
herein, in which case the provisions and standards herein shall apply.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
Principal Building Height: 3 Stories/42 feet.
b.
Minimum Distance Between Buildings. Distance between townhouse dwelling
structures shall be measured from external building walls (facades)
excluding bay windows, decks, patios and other projections, where
"front" is the side with driveway access to the internal street, "rear"
is the side opposite the front, and "end" is the side connecting the
front to the rear:
c.
Minimum number of units: Townhouse dwelling structures shall have
a minimum of 3 units and a maximum of 7 units.
d.
No more than two (2) adjacent townhouse dwelling units may be constructed
without providing a front wall offset between units of not less than
one (1) foot.
e.
Building facades should be articulated so as to create visual interest
and to help define each individual home. Articulation within the building
facades shall consist of variation in the appearance and structure,
which may be achieved through the inclusion of porches, porticos,
balconies, bay windows, offset facades, and differentiated building
material types.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
Affordable units provided shall conform to the requirements of the
New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA");
applicable regulations of the New Jersey Council on Affordable Housing
("COAH"); applicable requirements of the Courts of the State of New
Jersey; and the regulations of the New Jersey Housing and Mortgage
Finance Agency ("NJHMFA") including the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") with the exception that
in lieu of 10% of affordable units in rental projects being required
to be affordable to households earning at or below 35% of the regional
median household income by household size (N.J.A.C. 5:80- 26.3(d),
13% of all affordable units in either for-sale or rental projects
shall be required to be affordable to households earning at or below
30% of the regional median household income by household size ("very-low
income"), in conformance with N.J.S.A. 52:27D-329.1 (L.2008, c.46,
s.7) and all other applicable law. All new construction units shall
be adaptable in conformance with P.L.2005, c.350/N.J.S.A. 52:27D-311a
and -311b and all other applicable law. If the required number of
affordable units is an odd number, the additional unit must be a low-income
unit. Example: the developer must construct 7 affordable units: 4
must be low-income units and 3 must be moderate-income units subject
to the limitations set forth herein.
b.
All affordable units shall comply with the Borough's pending Affordable
Housing Ordinance to be approved by the Court.
c.
There shall be a set-aside of at least 20% of the total units as
affordable units that shall be developed on-site. In the event that
20% of the total number of residential units does not equal a full
integer, the fractional number of units shall be rounded upward to
provide one additional whole unit (e.g. 20% of 53 units = 10.6 units,
round up to 11 units).
d.
The developer shall have an obligation to deed restrict the Affordable
Units as very low-, low-, or moderate-income affordable units for
a period of at least thirty (30) years, until such time and under
conditions as the Borough elects to release the deed restriction,
so that the Borough may count the Affordable Units against its affordable
housing obligation. The deed restrictions shall be recorded with the
County Clerk, and a copy of the recorded deed shall be forwarded to
the Borough Municipal Housing Liaison and Administrative Agent. Any
sale of the property or units shall not affect the length or terms
of the deed restriction.
e.
The bedroom distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3.
f.
The income distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3,
and shall also provide for a 13% set-aside of very-low-income units
as part of the income distribution per paragraph a above.
g.
The inclusionary development will be designed to integrate the low-
and moderate-income units with the market units. Affordable housing
units shall be integrated within inclusionary housing buildings containing
market rate units.
h.
The residents of affordable family units shall have the same access
to the same universally available interior and exterior amenities
offered for the market-rate units. No mandatory amenity fees or fees
for universally available amenities shall be required of any of the
affordable housing units.
i.
Non-residential development as part of any mixed commercial/residential
development shall be subject to the provisions of Borough Code § 30-19.5.
j.
The developer of any affordable units shall be responsible for retaining
a qualified Administrative Agent at the developer's sole expense acceptable
to the Borough or utilizing the Administrative Agent appointed by
the Borough.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
b.
The minimum parking requirement shall be 1.7 spaces per dwelling
unit.
c.
Off-street parking may be located in surface parking areas and/or
within a building as established herein.
d.
Tandem spaces (where one parking space is located directly behind
or in front of another parking space) where each space comprising
the tandem is to be designated for use by a single unit, each space
comprising the tandem shall each be counted as a separate and distinct
space with each being credited towards compliance with the RSIS parking
requirement.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
Buffer requirements shall be as stated under the provisions of Borough
Code § 30-7.10. Where no vegetative buffer exists, landscape
plantings shall be planted between any proposed building or structure
and any existing public street to mitigate the visual impact of any
new building or structure. A minimum 20 foot wide vegetated buffer
shall be maintained along any adjoining property boundary containing
a single family residential use or single family zone.
b.
The front yard setback area along Sylvan Avenue shall be landscaped
with a mixture of deciduous and evergreen trees and shrubs and lawn
areas coordinated with any stormwater management facilities.
c.
A landscape plan prepared by a landscape architect licensed in the
State of New Jersey shall be submitted and shall include details for
all decorative features. The plan shall identify proposed trees, shrubs,
ground cover, and other landscaping elements. When existing natural
growth is proposed to remain, the applicant shall include in the plans
the proposed methods to protect existing trees and growth during and
after construction.
d.
The landscape plan shall include a low impact woodland walk, trail
or path through and around the site, including the wetlands transition
areas, as well as passive outdoor play areas, sitting areas, and lawn
areas.
e.
Any development that fronts the Palisades Interstate Parkway shall
specifically provide adequate screening along any setback from the
Palisades Interstate Parkway so as to protect its scenic quality and
take other mitigating actions to protect the view from the Palisades
Interstate Parkway.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
Buildings shall be designed with each of a building's facade being
of similar importance and shall have a base, middle and top. Building
facades may be articulated both horizontally and vertically. Architectural
devices such as providing stringcourses, cornices and sub-cornices,
raised parapets, and/or horizontally differentiating surface treatments
maybe be used to aid articulation and transitions. Bay windows and
projections at each facade may also be used to create varied articulation
in the design.
b.
Upper level facades shall be articulated to provide architectural
interest. Frontages shall have at least one window appropriately proportioned
per structural bay. Building designs may utilize various types of
materials and material changes for facade articulation. The intent
of this required articulation is to create interesting and varied
building facades such that the building facades do not read as uniform
or continuous slabs along the streetscape.
c.
Exterior facade materials may consist of, but not limited to, masonry
brick veneer, manufactured cast stone veneer, precast sills and bands,
fiber cement siding panels, accent composite metal panels, composite
wood panels and similar materials. Exterior materials may further
include windows, PVC trim, and architectural metal canopies.
d.
Windows shall be double-glazed and vinyl- or metal-cased in all residential
portions of the building. Differentiated glazing treatment and building
materials may be used at the lobby entrance and other feature areas.
e.
All mechanical equipment shall be set back a minimum of 10 feet from
the edge of any roof or raised parapet. If equipment is not screened
by a parapet, it shall be otherwise screened such that it is not visible
from eye-level on adjacent public streets.
f.
Elevator overrides, egress stair towers, and/or rooftop projections
(excluding mechanical equipment) measuring greater than 5 feet in
height shall be clad with materials which do not contrast with the
materials used on the upper level of the building facade.
g.
A solid wall of not less than two feet in height above floor level
shall be provided along all exterior facades, except where necessary
to allow driveways or other access points.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
Adequate facilities shall be provided for the handling of garbage,
recycling, and other refuse by providing and maintaining a screened
enclosure, a separate building, or an interior area within the multi-family
dwelling where all trash and refuse containers shall be stored while
awaiting pickup.
b.
A refuse and recycling building that is appropriately sized for the
development shall be provided at a minimum of 5 square feet for unit.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-11.]
a.
Preservation of the viewshed of the Palisades is a critically important
aesthetic and scenic consideration. The Palisades Scenic Integrity
Protection standards require the applicant to demonstrate that the
proposed development would not adversely affect the scenic integrity
of the Palisades Interstate Park and its surroundings and be visible
above the tree canopy from vantage points east and south of the Palisades,
specifically the George Washington Bridge center and the Cloisters
Terrace and high point of Fort Tryon Park, Manhattan.
b.
The developer shall provide studies, reports and testimony demonstrating
that any proposed development meets the height limitations for this
overlay zone and complies with the standards of this section.
c.
Notwithstanding any other requirement of the Borough Code, no application
shall be deemed complete unless the developer has provided a copy
of the application and plans to the Executive Director of the Palisades
Interstate Park Commission.
d.
Additionally, applicant will demonstrate that the proposed development
will avoid adversely affecting the scenic integrity of the Palisades
Interstate Parkway.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-16.]
Purpose: The purpose of these Zoning Standards are to implement
the terms of the Court's Consent Order ("CO") imposing and approving
the terms and conditions of the settlement reached by the parties
and to permit the development of the Sylvan Property, in accordance
with the "Concept Plan", dated October 2, 2020.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-16.]
The purpose of these Zoning Standards are to implement the CO
implementing the settlement agreements reached after the Court's award
of a Builders Remedy to 800 Sylvan and to permit the development of
the subject property in accordance with the attached "Concept Plan"
dated October 2, 2020; any dispute as to the intent of the meaning
of these Zoning Standards shall be construed to permit the development
of the Sylvan Property consistent with the Concept Plan, a copy of
which is attached to these Zoning Standards.
a.
As principal permitted uses:
1.
Any current or future B-2 District principal permitted use.
2.
Planned Unit Development subject to § 30-5.12A.1e.
b.
As conditional uses:
1.
Any current or future B-2 District permitted conditional use, except that for "Planned Unit Development," § 30-5.12A.1e shall apply.
c.
The following uses are specifically prohibited:
1.
Any current B-2 District prohibited uses, except that for "Planned Unit Development," § 30-5.12A.1e shall apply.
d.
All regulations contained in the Borough of Englewood Cliffs Code
as applicable to the B-2 District shall apply, including but not limited
to the schedule of area, bulk and yard requirements, except that for
"Planned Unit Development" the provisions of these Zoning Standards
shall apply.
e.
Planned Unit Development Regulations. The following standards shall
apply to a Planned Unit Development in the B-2B/AH Limited Business/Affordable
Housing District. All other provisions of the Borough of Englewood
Cliffs Code shall apply to a Planned Unit Development in the B-2B/AH
District only where specifically indicated as applicable by the provisions
of these Zoning Standards. When standards herein conflict with other
provisions of the Borough of Englewood Cliffs Code, the standards
herein shall apply.
1.
AVERAGE FINISHED GRADE
BUILDING COVERAGE
BUILDING HEIGHT, ACCESSORY BUILDINGS OR STRUCTURE
BUILDING HEIGHT, MULTI-FAMILY DWELLING AND OFFICE/RESEARCH
BUILDING HEIGHT, PARKING STRUCTURE
BUILDING HEIGHT, TOWNHOUSE DWELLING OR STACKED TOWNHOUSE
DWELLING, MULTI-FAMILY
DWELLING, STACKED TOWNHOUSE
DWELLING, TOWNHOUSE
GENERAL DEVELOPMENT PLAN
MULTI-FAMILY FLOOR AREA RATIO
Definitions. The following terms, as used in this section, shall
have the following meanings:
Shall mean the average finished grade of a building or structure
measured at intervals of ten (10) feet along each exterior wall of
the building or structure i.e. the sum of the results of such finished
grade measurements, divided by the number of such measurements.
Shall mean that portion of a lot covered by the largest floor
area of all structures, both principal and accessory.
Shall mean the measurement from the Average Finished Grade
to the midpoint of the roof for pitched roofs and the highest point
of the roof deck for flat roofs, for any accessory buildings or structures
except for parking structures.
Shall mean the measurement of the vertical distance from
the Average Finished Grade to the highest point of the roof deck which
intersects the building's exterior walls.
Shall mean the measurement of the vertical distance from
the Average Finished Grade to the highest point of the uppermost horizontal
parking surface of the structure.
Shall mean the measurement of the vertical distance from
the finished elevation of the first floor level of each dwelling (excluding
any basement and/or garage levels), which shall be no greater than
five (5) feet from the average exterior grade elevation to the elevation
of the vertically measured average midpoint between the highest point
of the roof of that dwelling and that of the eaves of that dwelling.
Shall mean a building containing three (3) or more dwelling
units, including units that are located one over another, where entranceways,
hallways, basements, attics, storage areas, heating systems, yards
and similar services in the building may be individual, shared in
common, or in combination.
Shall mean a two-family dwelling consisting of two vertical
units, with each dwelling unit having individual ground-floor access.
Shall mean a single-family dwelling in a line of three (3)
or more dwelling units attached by plane vertical party walls that
is at least two (2) stories in height, with each dwelling unit extending
from the ground to the roof and having individual ground-floor outside
access and no interior rooms or hallways shared with other dwelling
units.
Shall mean a comprehensive plan for the development of a
planned development, as provided in Section 4 of P.L. 1987, c. 129
(C. 40:55D-45.1 to 45.8).
Shall mean the area of all floors of multi-family buildings,
including spaces within multi-family buildings used for off-street
parking or loading, by the land area of the Planned Unit Development
used for multi-family.
2.
Area. The overall land area, prior to subdivision, required
for a planned unit development shall be a minimum of 25 acres.
3.
A Planned Unit Development shall contain at least two of the
following components one of which shall be a multi-family residential
component.
(a)
A Townhouse Component with frontage along Floyd Street.
(b)
A Multi-Family Residential Component with frontage along Sylvan
Avenue.
(c)
An Office/Laboratory/Research Component with frontage along
Sylvan Avenue, Hollywood Avenue, and Floyd Street.
|
In addition to containing the components listed above, a planned
unit development shall comply with N.J.S.A. 40:55D-45.
|
4.
Maximum Residential Development Yield.
(a)
The total number of residential units within the planned unit
development shall not exceed 450 units, consisting of a mix of a Multi-Family
Dwellings and Townhomes.
5.
General Development Plan Option. Any developer seeking approval
of a planned unit development may, but is not required to, submit
a general development plan ("GDP") to the Planning Board pursuant
to the Municipal Land Use Law at N.J.S.A. 40:55D-45.1 through 45.8.
If a GDP is submitted, the Planning Board or the SHO shall have approved
such plan prior to or simultaneously with the filing of an application
seeking preliminary major subdivision or preliminary site plan approval
pursuant to these Zoning Standards. A GDP plan submission shall be
in accordance with the requirements established herein.
6.
Findings for Planned Unit Development. The requirements of N.J.S.A.
40:55D-45 were reviewed and considered by the Court as part of the
Court's review of the award of a Builders' Remedy, the Court has determined
that the development which is in conformity with these zoning standards
and, the concept plan attached to these zoning standards, meet all
of the requirements of N.J.S.A. 40:55D-45.
7.
Principal Permitted Uses. The following principal uses shall
be permitted in a planned unit development:
(a)
Townhouse Component.
(1)
Townhouse Dwellings, as defined in § 30-5.12A.1e1.
(2)
Stacked Townhouse Dwellings, as defined in § 30-5.12A.1e1, which shall only contain affordable units.
(3)
Multi-Family Dwellings, as defined in § 30-5.12A.1e1.
(b)
Multi-Family Residential Component.
(1)
Multi-Family Dwellings, as defined in § 30-5.12A.1e1 of the Borough Zoning Ordinance.
8.
Affordable Housing Required.
(a)
Twenty percent (20%) of all residential units within the Planned
Unit Development shall be restricted for occupancy by very-low-, low-
and moderate-income households ("affordable units"). Affordable units
may, at the developer's sole option, be constructed within townhouse
dwellings or within multi-family dwellings in the Multi-Family Residential
Component.
(b)
Affordable units provided shall conform to the requirements
of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA");
applicable regulations of the New Jersey Council on Affordable Housing
("COAH"); applicable requirements of the Courts of the State of New
Jersey; and the regulations of the New Jersey Housing and Mortgage
Finance Agency ("NJHMFA") including the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").
(c)
For purposes of phasing affordable housing, the Townhouse Component
and the Multi-family Residential Components shall be treated as one
project and the COAH Second Round regulations shall apply as set forth
in N.J.A.C. 5-93:5.6(d).
(d)
Affordable housing units constructed as part of a Planned Unit
Development shall be family affordable housing.
(e)
Affordable units shall meet the following requirements:
(1)
Affordable family units constructed within the
Multi-Family Component shall be integrated with market-rate units
within a multi-family dwelling and shall not be aggregated in a certain
"wing" or location so as to be isolated from the market-rate units.
(2)
The residents of affordable family units shall
have the same access to the same universally available interior and
exterior amenities offered for the market-rate units in the component
in which it is constructed. No mandatory amenity fees or fees for
universally available amenities shall be required of any of the affordable
housing units.
(3)
As an inclusionary project, the construction of
all improvements in the PUD shall be exempt from the payment of any
residential affordable housing development fees in accordance with
the requirements of N.J.S.A. 40-55D-8.4.
(4)
The affordable units shall be constructed with
the same exterior building materials and architectural design features
as the market rate units.
(5)
The Developer shall be responsible for retaining
a qualified Administrative Agent at the developer's sole cost and
expense.
9.
General Requirements for a Planned Unit Development (PUD).
(a)
Multiple buildings and structures are permitted on any component
lot within the PUD and there shall be no dimensional requirements
governing development other than as established herein.
(b)
Vehicular access to and from Floyd Street shall be permitted
from the townhome component. Pedestrian and bicycle access to and
from Floyd Street shall be permitted and shall be provided from the
Multi-Family Residential Component and the Townhouse Component.
(c)
A lot with frontage on a public street may be developed without
direct access to said public street, so long as such lot is provided
access to a public street by means of an improved driveway(s) extending
from the terminus of the Hollywood Avenue public right-of-way that
is accessed via Sylvan Avenue and/or improved driveways built in accordance
with standards set forth in the New Jersey Residential Site Improvement
Standards (RSIS) and the right to such access is established by a
perpetual easement recorded in the Bergen County Clerk's office or
otherwise as provided by law.
(d)
Site plan and subdivision approval:
(1)
To effectuate the development of the components of the property contemplated in this zone, an applicant may, at the applicant's sole discretion, elect to: file a General Development Plan in accordance with § 30-5.12A.1e5; apply for subdivision approval; and/or elect to develop the property by implementing a condominium regime. If the applicant elects to apply for subdivision approval, at the time a subdivision application is filed or subsequent to obtaining subdivision approval, an application may be made for preliminary site plan approval for a portion of or the entire PUD tract. Simultaneously or subsequent to the filing of an application for preliminary site plan approval of a portion of or the entire PUD tract, final site plan approval for one or more components of the PUD may be filed by an applicant. A cross-easement agreement shall be recorded against the PUD providing for the construction, maintenance, access and use of all shared facilities by each of the subdivided lots, where such shared facilities are contemplated in the cross-easement agreement.
(2)
Following final site plan approval, one or more
cross-easement agreements shall be recorded against portions and/or
the entire the PUD providing for the construction, maintenance, access
and use of all shared facilities by each of the subdivided lots, as
appropriate. Shared facilities contemplated in the cross-easement
agreement shall not include parking but may include, but are not limited
to, access, utilities, recreational areas and stormwater management.
(3)
The effect of preliminary and final major site
plan approval and the rights conferred upon the applicant shall be
the same as those specified in the Municipal Land Use Law at N.J.S.A.
40:55D-49 and 40:55D-52 except that such rights shall extend for a
ten-year period from the date on which the resolution of preliminary
approval is adopted.
(4)
Street cartway width for internal roads within
the residential portion of the PUD shall not be required to be greater
than what is required by RSIS standards.
(e)
Phasing. Nothing contained herein shall preclude the phasing
of the PUD or any component of the planned unit development, provided
such phasing is in accordance with the requirements as established
herein.
(f)
Off-Tract Improvements. Contribution of the pro-rata share of
off-site improvements, including, but not limited to, required roadways,
traffic signals, utilities, lighting, landscaping, sidewalk/curbs
and drainage shall be subject to the following requirements:
(1)
Off-tract improvements are required whenever an
application for development requires the construction of off-tract
improvements that are clearly, directly and substantially related
to or necessitated by the proposed development. In such case, the
approving authority, SHO Court or the planning board shall require
as a condition of final site plan or subdivision approval that the
applicant provide for such off-tract improvements. Off-tract improvements
shall include water, sanitary sewer, drainage and street improvements,
including such easements as are necessary or as may otherwise be permitted
by law.
(2)
Determination of cost. When off-tract improvements
are required, the Borough Engineer shall calculate the cost of such
improvements in accordance with the procedures for determining performance
guaranty amounts in N.J.S.A. 40:55D-53.4. Such costs may include,
but not be limited to, any or all costs of planning, surveying, permit
acquisition, design, specification, property and easement acquisition,
bidding, construction, construction management, inspection, legal,
traffic control and other common and necessary costs of the construction
of improvements. The Borough Engineer shall also determine the percentage
of off-tract improvements that are attributable to the applicant's
development proposal and shall expeditiously report his findings to
the board of jurisdiction and the applicant.
(3)
Improvements required solely for the application's
development. Where the need for an off-tract improvement is necessitated
by the proposed development and no other property owners receive a
special benefit thereby, or where no planned capital improvement by
a governmental entity is contemplated, or the improvement is required
to meet the minimum standard of the approving authority, the applicant
shall be solely responsible for the cost and installation of the required
off-tract improvements. The applicant shall elect to either install
the off-tract improvements or pay the municipality for the cost of
the installation of the required off-tract improvements.
(4)
Improvements required for the applicant's development
and befitting others. Where the off-tract improvements would provide
capacity in infrastructure in excess of the requirements in § 30-5.12A.1e9(f)(3)
above, or address an existing deficiency, the applicant shall elect
to either [a] install the off-tract improvements, [b] pay the pro-rata
share of the cost to the Borough, or [c] pay more than its pro-rata
share of the cost to facilitate the construction of the improvement(s)
and accept future reimbursement so as to reduce its payment to an
amount equal to its pro-rata share. If a developer elects to address
the required off-tract improvement(s) by making a payment, such payment
shall be made prior to the issuance of any building permit. If the
applicant elects to install the off-tract improvements or to pay more
than its pro-rata share of the cost of the improvements, it shall
be eligible for reimbursement of costs of providing such excess. The
calculation of excess shall be based on an appropriate and recognized
standard for the off-tract improvement being constructed, including
but not limited to gallonage, cubic feet per second and number of
vehicles. Nothing herein shall be construed to prevent a different
standard from being agreed to by the applicant and the Borough Engineer.
The process, procedures and calculation used in the determination
of off-tract costs shall be memorialized in a PUD or developer's agreement
to be reviewed and approved by the Borough Attorney, who may request
advice and assistance from the Planning Board Attorney. Future developers
benefiting from the excess capacity provided or funded by the initial
developer shall be assessed in their pro-rata share of off-tract improvement
cost based on the same calculation used in the initial calculation.
Such future developers shall pay their assessment, plus a 2% administration
fee not to exceed $2,000, to the Borough, at the time of the signing
of the final plat or final site plan as a condition precedent to such
signing. The Borough shall forward the assessment payment to the initial
developer, less any administration fee, within 90 days of such payment.
(5)
Performance guaranty. If the applicant elects to
construct the improvements, the applicant shall be required to provide,
as a condition of final approval, a performance guaranty for the off-tract
improvements in accordance with, and if required by, N.J.S.A. 40:55D-53.
(6)
Certification of costs. Once the required off-tract
improvements are installed and the performance bond released, the
developer shall provide a certification to the Borough Engineer of
the actual costs of the installation. The Borough Engineer shall review
the certification of costs and shall either accept them, reject them
or conditionally accept them. In the review of costs, the Borough
Engineer shall have the right to receive copies of invoices from the
developer as sufficient to substantiate the certification. Failure
of the developer to provide its invoices within 30 days of its receipt
of the Borough Engineer's written request shall constitute forfeiture
of the right of future reimbursement for improvements that benefit
others.
(7)
Time limit for reimbursement. Notwithstanding any
other provisions to the contrary, no reimbursement for the construction
of off-tract improvements providing excess capacity shall be made
after 10 years has elapsed from the date of the acceptance of the
certification of costs by the Borough Engineer.
(g)
All retaining walls four (4) feet in height or greater shall
be constructed with finished faces of rock, decorative CMU, concrete
or other decorative material and shall be designed by a professional
engineer licensed in the State of New Jersey. Final structural design
calculations shall be submitted to the Building Department prior to
construction.
(h)
Sidewalks. Four (4') foot wide sidewalks shall be provided on
at least one side of all internal roadways within the Multi-Family
Residential Component and the Townhouse Component.
(i)
Slope plantings. Landscaping of the area of all cuts and fills
and/or terraces shall be sufficient to prevent erosion, and all roadway
slopes steeper than one foot vertically to three feet horizontally
shall be planted with ground cover as necessary for stabilizing the
slope.
(j)
Street trees.
(1)
Street trees may be installed in the right of way
along Sylvan Avenue and Floyd Street in accordance with the approved
landscape plan. The trees proposed to be installed shall be installed
between the curb and sidewalk when a grass area of at least six feet
in width is provided adjacent to the curb. If the distance between
the curb and sidewalk is less than six feet, the street trees proposed
to be installed shall be installed behind the sidewalk. When curbs
and sidewalks are not provided or proposed, the street trees proposed
to be installed shall be set back from the edge of paving. Trees may
either be massed or spaced evenly along the street, or both.
(2)
The applicant may select the type of street trees
to be planted. Tree type may vary depending on overall effect desired,
but as a general rule, all trees shall be the same kind on a street,
except to achieve special effects.
(3)
Planting specifications. All trees shall have a
minimum caliper classification of at least 2 1/2 inches and shall
be nursery grown, of substantially uniform size and shape, and have
straight trunks.
(4)
All landscape plans shall be prepared by a Licensed
Landscape Architect in the State of New Jersey.
(k)
Lighting. A lighting plan prepared by a qualified individual
shall be provided with site plan applications.
(l)
Signage.
(1)
The area of a sign shall be measured around the
edges of a framed or enclosed sign or by the area utilized by isolated
words and/or symbols, including the background whether open or enclosed,
but the area measured shall not include any decorative or supporting
structure, framework and/or bracing incidental to the display itself.
(2)
No monument sign may exceed ten (10) feet in height,
including any decorative or supportive structure. All signs may be
illuminated either internally or externally.
(3)
One (1) monument sign shall be permitted at each
entrance along Sylvan Avenue where the sign face shall not exceed
sixty (60) square feet. Monument signs shall be set back a minimum
five (5) feet from the right-of-way or be located within the median
strip of any entrance boulevard (if there is a boulevard entrance)
in close proximity to the entrance road.
(4)
One (1) community identification sign shall be
permitted for the Multi-family Residential Component to be located
along Sylvan Avenue, where the sign face shall not exceed sixty (60)
square feet and shall be setback a minimum of ten (10) feet from any
property line.
(5)
Two (2) monument signs shall be permitted at each
driveway to the PUD not fronting on Sylvan. Sign(s) face shall not
exceed thirty (30) square feet and shall be set-back two (2) feet
from the property line.
(6)
Temporary construction and marketing signs of forty
(40) square feet provided each sign is be set-back two (2) feet from
the property line.
(7)
In addition to signs permitted herein, all signs permitted in the B-2 District per § 19-16 of the Borough of Englewood Cliffs Code shall also be permitted for the Office/Research/Laboratory Component.
(8)
Directional and wayfinding signs shall be permitted,
provided the bottom of each sign shall not be located more than three
(3) feet above the grade directly below it, nor shall any one directional
sign face exceed sixteen (16) square feet in area and provided further
that any directional sign is erected on private property.
(m)
Stormwater management.
(1)
All stormwater management and maintenance shall
comply with N.J.A.C. 7-8 et seq.
(2)
If the property owner requires any type of approval
from the New Jersey Department of Environmental Protection ("NJDEP")
that causes the NJDEP to review the property owner's stormwater management/maintenance
plan, then the property owner approval of its site plan application
by the SHO and/or the Planning Board shall be conditioned on the NJDEP's
approval of the property owner's stormwater management/maintenance
plan by the NJDEP. The property owner shall file a copy of the NJDEP
approved stormwater management/maintenance plan with the SHO and/or
Planning Board, but their respective professionals shall not make
an independent assessment of the stormwater management/maintenance
plans and reports, but simply condition the approval by the SHO and/or
Planning Board upon the NJDEP's approval of the property owner's stormwater
management/maintenance plans and reports.
10.
Development Standards for the Townhouse Component.
(a)
Minimum tract size: The minimum tract size shall be 5 acres.
(b)
Maximum residential development yield: The maximum residential
yield for the Townhouse Component shall be 115 units.
(c)
Principal building height requirements:
(1)
Maximum building height 3 stories/42 feet, exclusive
of chimneys and other projections.
(d)
Maximum impervious surface: 75%. Any subterranean improvements,
including but not limited to, stormwater structures shall not be included
in impervious surface calculations.
(e)
Maximum building coverage: 40%.
(f)
Principal building setbacks.
(1)
Minimum building setback to Floyd Street property
line: 20 feet for a Townhouse Unit and 100 feet for a Multifamily
Building.
(2)
Minimum building setback from the northerly external
property line: 15 feet.
(3)
Projections from buildings (including but not limited
to steps, decks (including privacy screens attached to a deck), patios,
chimneys and windows) may extend up to 10 feet into a required setback
from an external property line but shall not in any case be permitted
to extend into a required landscaped area.
(4)
Minimum building setback to Multi-Family Residential
Component and/or Office/Laboratory/Research Component lot lines: 15
feet, except that projections from buildings (including but not limited
to steps, decks, patios, chimneys and windows) may extend into the
required setback area provided that they shall be set back a minimum
of 10 feet from the Multi-Family Residential Component and/or Office/Laboratory/Research
Component lot lines and shall not in any case be permitted to extend
into a required landscaped area.
(5)
Minimum building setback from a residential building
to internal roadway: 10 feet.
(g)
Building design requirements:
(1)
Minimum distance
between townhouse dwelling structures as measured from external building
walls (facades) excluding bay windows, decks, patios and other projections,
where "front" is the side with driveway access to the internal street,
"rear" is the side opposite the front, and "end" is the side connecting
the front to the rear:
(2)
Townhouse dwelling structures shall have a minimum
of 3 units and a maximum of 7 units.
(3)
No more than two (2) adjacent townhouse dwelling
units may be constructed without providing a front wall offset between
units of not less than one (1) foot.
(4)
Building facades should be articulated so as to
create visual interest and to help define each individual home. Articulation
within the building facades shall consist of variation in the appearance
and structure, which may be achieved through the inclusion of porches,
porticos, balconies, bay windows, offset facades, and differentiated
building material types.
(h)
Permitted accessory uses, buildings and structures shall not
exceed 16 feet in height and shall include the following:
(1)
Covered and uncovered patios and grade level decks
associated with individual townhouse units.
(2)
Covered and uncovered decks (other than at grade)
which shall not be subject to the maximum accessory structure limitation
of this section.
(3)
Active and passive outdoor recreation facilities
for residents and guests.
(4)
Indoor recreational, social and communal facilities
for the exclusive use of residents and guests.
(5)
Fences and walls.
(6)
Individual and common mailboxes.
(7)
Gatehouses.
(8)
Signage.
(9)
Private garages and off-street parking areas.
(10)
Temporary construction trailers, temporary sales
trailer, and/or temporary sales office in a model home through final
project Certificate of Occupancy.
(11)
HVAC units, utility cabinets/controllers, emergency
generators.
(12)
Any other use which is subordinate and customarily
incidental to a permitted principal use.
(i)
Parking requirements:
(1)
For the townhome component parking shall comply
with the requirements of the New Jersey Residential Site Improvement
Standards (RSIS). Tandem spaces (where one parking space is located
directly behind or in front of another parking space) where each space
comprising the tandem is to be designated for use by a single unit,
each space comprising the tandem shall each be counted as a separate
and distinct space with each being credited towards compliance with
the RSIS parking requirement.
(2)
All surface parking areas shall be set back a minimum
of 3 feet from Multi-Family Residential Component and/or Office/Laboratory/Research
Component lot lines.
(3)
All surface parking areas shall be set back a minimum
of 5 feet from the building wall/facade.
(4)
Detached parking structures shall be specifically
prohibited in the Townhouse Component of the PUD.
(j)
Landscaping:
(1)
A landscaped area shall be provided along Floyd
Street and shall meet the following requirements:
(i)
The landscaped area shall be an average depth of
ten (10) feet.
(ii)
The landscaped area may consist of fences, retaining
walls, new plantings and/or existing vegetation supplemented with
new plantings which shall consist of mixture of evergreen and deciduous
trees of at least 6 - 8 ft in height for evergreen trees and at least
2 1/2-inch caliper for deciduous trees and/or evergreen and deciduous
shrubs of at least 2 1/2 feet in height placed where practicable.
Where rock or roots are present, the required size shall be reduced
to allow for planting without extraordinary effort.
(2)
A landscape plan prepared by a landscape architect
licensed in the State of New Jersey shall be submitted and shall include
details for all decorative features. The plan shall identify proposed
trees, shrubs, ground cover, and other landscaping elements. When
existing natural growth is proposed to remain, the applicant shall
include in the plans the proposed methods to protect existing trees
and growth during and after construction.
(3)
Privacy fences up to 6 feet in height along the
length of any deck or patio shall be permitted.
11.
Development Standards for Multi-Family Residential Component.
(a)
Minimum tract size: The minimum tract size shall be 5 acres.
(b)
Required bedroom distribution for market-rate apartments:
(1)
At least 40% of all market-rate apartment units
shall be studio or one-bedroom units. The selection of studios and/or
one-bedroom units shall be at the discretion of the developer.
(2)
A maximum of 60% of all market-rate units shall
be two-bedroom units, with or without a den.
(3)
No more than 10% of the market-rate units shall
contain 3 bedrooms.
(c)
Building height requirements.
(1)
Maximum 5 stories/60 feet.
(2)
Parapets shall measure a maximum of 4 feet above
a roof deck. Parapets extending over 60 feet in height, as measured
from the finished grade at that point along the exterior wall of the
building to the top of the parapet, shall be limited to no more than
25% of the building perimeter. In no event shall the top of any parapet
be any higher than 65 feet as measured from the finished grade at
that point along the exterior wall of the building to the top of the
parapet.
(3)
Rooftop equipment
including elevators, elevator overrides, air conditioning equipment,
egress stair towers, and similar structures and appurtenances shall
be permitted subject to the following requirements:
[a]
Rooftop equipment shall be permitted to exceed
the maximum building height permitted herein provided that such equipment
or structures do not occupy more than 25% of the total area of the
roof level. No more than 5% of the area may be occupied by equipment
or structures measuring up to 18 feet in height and the remainder
up to 25% of the total roof area may be occupied by equipment or structures
measuring up to 5 feet in height.
[b]
All rooftop equipment and appurtenances not otherwise
shielded by a parapet shall otherwise screened such that they are
not visible from eye-level of a person standing on adjacent public
streets.
[c]
In addition to the above, furnishings, facilities
and structures utilized as a part of the rooftop deck are not subject
to the area or height limitations of these Zoning Standards.
(d)
Maximum impervious surface: 70%. Any subterranean improvements,
including but not limited to, stormwater structures shall not be included
in impervious coverage or building coverage calculations.
(e)
Maximum building coverage: 40%.
(f)
Maximum multi-family floor area ratio: 1.8.
(g)
Minimum principal building setback to Sylvan Avenue property
line: 120 feet, which shall not apply to any retaining walls, drainages
structures or parking areas.
(h)
From other northerly external property lines: 15 feet.
(i)
Minimum building setback to Townhouse Component and Office/Laboratory/Research
Component lot lines: 35 feet.
(j)
Building design requirements:
(1)
Buildings shall be designed with each of a building's
facade being of similar importance and shall have a base, middle and
top. Building facades may be articulated both horizontally and vertically.
Architectural devices such as providing stringcourses, cornices and
sub-cornices, raised parapets, and/or horizontally differentiating
surface treatments may be used to aid articulation and transitions.
Bay windows and projections at each facade may also be used to create
varied articulation in the design.
(2)
Upper level facades shall be articulated to provide
architectural interest. Frontages shall have at least one window appropriately
proportioned per structural bay. Building designs may utilize various
types of materials and material changes for facade articulation. The
intent of this required articulation is to create interesting and
varied building facades such that the building facades do not read
as uniform or continuous slabs along the streetscape.
(3)
Exterior facade materials may consist of, but not
limited to, masonry brick veneer, manufactured cast stone veneer,
precast sills and bands, fiber cement siding panels, accent composite
metal panels, composite wood panels and similar materials. Exterior
materials may further include windows, PVC trim, and architectural
metal canopies.
(4)
Windows shall be double-glazed and vinyl- or metal-cased
in all residential portions of the building. Differentiated glazing
treatment and building materials may be used at the lobby entrance
and other feature areas.
(5)
All mechanical equipment shall be set back a minimum
of 10 feet from the edge of any roof or raised parapet. If equipment
is not screened by a parapet, it shall be otherwise screened such
that it is not visible from eye-level on adjacent public streets.
(6)
Elevator overrides, egress stair towers, and/or
rooftop projections (excluding mechanical equipment) measuring greater
than 5 feet in height shall be clad with materials which do not contrast
with the materials used on the upper level of the building facade.
(7)
A solid wall of not less than two feet in height
above floor level shall be provided along all exterior facades, except
where necessary to allow driveways or other access points.
(k)
Accessory uses, buildings and structures, up to a maximum height
of sixteen (16) feet, unless a different height is permitted in these
Zoning Standards, shall be permitted as follows:
(1)
Courtyards or other open areas shall be provided.
Where open areas are provided between the wings of a building ("Courtyard"),
such Courtyards shall have a minimum average width of 70 feet at each
courtyard; a combined minimum average width of 75 feet.
(2)
Other active and passive outdoor recreation facilities
for residents and guests. In the Multifamily Component, the Developer
shall provide an outdoor grass multipurpose recreation area of at
least 8,500 square feet within which this area should include a toddler
playground area.
(3)
Indoor amenity space for residents and guests including,
but not limited to, a fitness center, a club/community room, and a
business center. The provision of an indoor children's activity room
shall be required.
(4)
Stationary generators.
(5)
Fences and walls.
(6)
Roof decks including furnishings, screening, landscaping
shade structures and facilities.
(7)
Signage.
(8)
Off-street parking areas.
(9)
HVAC equipment and utility cabinets/controllers.
(10)
Temporary construction trailers, temporary sales
trailer, and/or temporary sales office through final project Certificate
of Occupancy.
(11)
Any other use which is subordinate and customarily
incidental to the principal permitted use.
(l)
Parking requirements:
(1)
The minimum parking requirement shall be 1.7 spaces
per dwelling unit.
(2)
A minimum of one parking space shall be made available
to each affordable dwelling unit at no additional cost. The allocation
of additional parking spaces may be controlled at the discretion of
management.
(3)
Off-street parking may be located in surface parking
areas and/or within a building as established herein.
(4)
All surface parking areas shall be set back a minimum
of 2 feet from the Townhouse Component and Office/Laboratory/Research
Component lot lines.
(5)
Tandem spaces (where one parking space is located
directly behind or in front of another parking space) where each space
comprising the tandem is to be designated for use by a single unit,
each space comprising the tandem shall each be counted as a separate
and distinct space with each being credited towards compliance with
the RSIS parking requirement.
(m)
Landscaping:
(1)
The front yard setback area along Sylvan Avenue
shall be landscaped with a mixture of deciduous and evergreen trees
and shrubs and lawn areas coordinated with any stormwater management
facilities.
(2)
A landscape plan prepared by a landscape architect
licensed in the State of New Jersey shall be submitted and shall include
details for all decorative features. The plan shall identify proposed
trees, shrubs, ground cover, and other landscaping elements. When
existing natural growth is proposed to remain, the applicant shall
include in the plans the proposed methods to protect existing trees
and growth during and after construction.
(n)
Refuse Facilities. Adequate facilities shall be provided for
the handling of garbage, recycling, and other refuse by providing
and maintaining a screened enclosure, a separate building, or an interior
area within the multi-family dwelling where all trash and refuse containers
shall be stored while awaiting pickup.
12.
Development Standards for the
Office/Research/Laboratory Component.
(a)
Minimum tract size: The minimum tract size of the Office/Research/Laboratory
Component shall be 80,000 square feet. Nothing herein shall preclude
further subdivision of the Office/Research/Laboratory Component tract
in accordance with the regulations set forth in this section.
(b)
All buildings and structures or portions thereof, and quantity
of parking provided in lawful existence prior to the enactment of
these Zoning Standards shall be permitted to remain and be modified
without an increase to square footage, and without the necessity of
obtaining any variance as is necessary to effectuate the development
plan contemplated for the overall Planned Unit Development.
(c)
All buildings and structures or portions thereof and quantity
of parking provided in lawful existence prior to the enactment of
these Zoning Standards, including those modified in accordance with
these Zoning Standards, shall be permitted to be rebuilt if a building
is destroyed, demolished or damaged, utilizing the same portion of
the premises, with the same square footage and without the necessity
of obtaining any variances.
(d)
Bulk, lot, and area standards:
(1)
Minimum lot size: 80,000 square feet.
(2)
Minimum lot width: 125 feet.
(4)
Minimum principal building setback to Multi-Family
Residential Component and the Townhouse Component lot lines: 5 feet.
(5)
Maximum building coverage: 33.33%.
(6)
Maximum impervious coverage: 70%.
(7)
Maximum principal building height: 3 stories/45
feet.
(9)
Minimum accessory building setback to Multi-Family
Residential Component and the Townhouse Component lot lines: 5 feet.
(10)
The maximum Building Height of a Parking Structure
shall be 25 feet. Any stair or elevator structure, parapet and any
light poles are exempt from the height limitation in this section.
(e)
Permitted accessory uses, buildings and structures shall include
the following:
(1)
Off-street parking, including in surface lots,
within a separate structure or within the building (i.e., above and
below grade).
(2)
Fences and walls.
(3)
Signage.
(4)
Cooling towers, utility cabinets/controllers, HVAC
equipment, emergency generators.
(5)
Any other use which is subordinate and customarily
incidental to the principal permitted use.
(f)
Parking road width and aisle width requirements:
(1)
For existing structures or portions thereof in
existence prior to the enactment of these Zoning Standards, 430 spaces
shall be considered conforming. For any expansions of additions to
existing structures, off-street parking space (being a minimum of
9 feet x 18 feet in size) shall be provided as follows:
(3)
Offstreet parking setback distance to all external
property lines: 10 feet.
(4)
All internal roads and aisle widths will be at
least 24 feet wide.
(g)
Landscaping, and off-street parking setback requirements:
(1)
Landscaping shall be required along Floyd Street
and shall be defined as follows:
The portion of the tract utilized for office/research/laboratory,
as measured along the exterior property line beginning at the intersection
of Hollywood Avenue and Floyd Street to the limit of the lot utilized
for office/research/laboratory with a depth of no less than 45 feet.
(2)
For any surface parking areas abutting a public
street, a landscaping area using a combination of existing vegetation
and supplemental evergreens, deciduous landscape plantings and/or
fencing not exceeding 6 feet in height may be utilized. Such landscaping
shall consist of a mixture of evergreen and deciduous trees, with
a minimum of 50% of the plantings being evergreens.
(3)
A landscape plan prepared by a landscape architect
licensed in the State of New Jersey shall be submitted and shall include
details for all decorative features. The plan shall identify proposed
trees, shrubs, ground cover, and other landscaping elements. When
existing natural growth is proposed to remain, the applicant shall
include in the plans the proposed methods to protect existing trees
and growth during and after construction.
13.
Findings for Planned Unit Development. A Planned Unit Development
shall meet all the requirements established by N.J.S.A. 40:55D-45.
14.
General Development Plan Requirements. If the developer chooses
to submit a general development plan to the Planning Board, said general
development plan shall be submitted pursuant to the Municipal Land
Use Law at N.J.S.A. 40:55D-45.1 through 45.8.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
a.
The entirety of the "Whereas" clauses set forth in Ordinance 20-12
are hereby incorporated by reference.
b.
To implement the Settlement Agreement between the Borough of Englewood
Cliffs and Fair Share Housing Center dated October 8, 2020, (Docket
No. BER-L-6119-15) by permitting Block 1202, Lots 2.01 and 2 to be
further developed as an inclusionary housing project based upon the
standards set forth herein.
c.
This section establishes the Northern Sylvan Avenue Corridor Inclusionary
Overlay - B (OL-B) Zone, which shall be applied, as shown in the attached
table as Attachment A to this section and shown in the attached map
as Attachment B, in the following areas:[1]
1.
1000 Sylvan Avenue, Block 1202, Lot 2.01. The site is currently developed
as an office building, informally referred to as the "Old LG Headquarters".
2.
980 Sylvan Avenue, Block 1202, Lot 2. The site is currently developed
as an office building, informally referred to as the "Lighthouse site".
[1]
Attachments on file in the Borough offices.
d.
The Northern Sylvan Avenue Corridor Inclusionary Overlay - B (OL-B)
Zone district shall permit age-restricted multi-family residential
development and multi-family residential development satisfying the
use, bulk, and design standards contained hereinafter provided that
at least 20% of all residential units created pursuant to the overlay
zone standards shall be set aside for very-low, low- and moderate-income
households as provided for elsewhere in this section.
e.
The underlying zone districts' regulatory provisions shall remain
in force. Any existing development on a parcel within the Northern
Sylvan Avenue Corridor Inclusionary Overlay - B (OL-B) Zone that is
compliant with the requirements of the underlying zoning may continue
or expand as it would have prior to the adoption of this overlay zone.
Any developer or property owner that wishes to develop or use a property
in a manner consistent with the existing, underlying zoning may do
so and not be subject to the requirements of the overlay zone.
f.
Notwithstanding the foregoing, every site within the Northern Sylvan
Avenue Corridor Inclusionary Overlay - B (OL-B) Zone may be redeveloped
as an inclusionary project subject to the rights and responsibilities
set forth herein including the requirement to make 20% of the units
affordable.
g.
AGE-RESTRICTED UNIT
AVERAGE FINISHED GRADE
BUILDING COVERAGE
BUILDING HEIGHT, ACCESSORY BUILDING OR STRUCTURE
BUILDING HEIGHT, MULTI-FAMILY DWELLING
DWELLING, MULTI-FAMILY
ELEVATION ABOVE MEAN SEA LEVEL
MULTI-FAMILY FLOOR AREA RATIO
STORY
Definitions. The following terms, as used in this section, shall
have the following meanings:
Shall mean a housing unit designed to meet the needs of,
and exclusively for, the residents of an age-restricted segment of
the population where the head of the household is a minimum age of
either 62 years, or 55 years and meets the provisions of the 42 U.S.C.
§§ 3601 et seq., except that due to death, a remaining
spouse of less than 55 years of age shall be permitted to continue
to reside pursuant to the Uniform Housing Affordability Controls,
N.J.A.C 5:80-26.1 et seq. ("UHAC").
Shall mean the average finished grade of a building or structure
measured at intervals of ten (10) feet along each exterior wall of
the building or structure i.e., the sum of the results of such finished
grade measurements, divided by the number of such measurements.
Shall mean that portion of a lot covered by the largest floor
area of all structures, both principal and accessory.
Shall mean the measurement from the average finished grade
to the midpoint of the roof for pitched roofs and the highest point
of the roof deck for flat roofs, for any accessory buildings or structures.
Shall mean the measurement of the vertical distance from
the average finished grade to the highest point of the roof deck which
intersects the building's exterior walls.
Shall mean a building containing three (3) or more dwelling
units, including units that are located one over another, where entranceways,
hallways, basements, attics, storage areas, heating systems, yards
and similar services in the building may be individual, shared in
common, or in combination.
Shall be defined as a measure of the vertical distance of
a location in reference to the mean sea level (MSL) based on the National
Geodetic Vertical Datum of 1929 (see the NOAA, National Geodetic Survey
website: https://www.ngs.noaa.gov/datums/vertical/national-geodetic-vertical-datum-1929.shtml)
Shall mean the area of all floors of multi-family buildings,
including spaces within multi-family buildings used for off-street
parking or loading.
Shall mean the portion of a building included between the
surface of any floor and the surface of the next floor above it, or
if there is no floor above it, then the space between the floor and
the ceiling or roof next above it.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
a.
Principal uses. The following uses shall be permitted on any property
within the Northern Sylvan Avenue Corridor Inclusionary Overlay -
B (OL-B) Zone provided the following:
b.
Conditional uses. The following uses shall be permitted within the
Northern Sylvan Avenue Corridor Inclusionary Overlay - B (OL-B) Zone:
1.
Non age-restricted or family multi-family residential dwellings on
Block 1202, Lot 2.01 shall be permitted, subject to the following
conditions.
(a)
If no application is approved for an age-restricted development
on the site for a period of three years from the entry of the Borough's
Affordable Housing Judgment of Compliance and Repose (JOR);
(b)
A minimum 20% set-aside of family affordable units is provided;
(c)
The maximum density shall be 8.5 dwelling units per acre for
a non age-restricted or family multi-family residential development.
c.
Accessory uses and structures. The following accessary uses and structures
shall be permitted:
1.
Amenities ancillary to non age-restricted and age-restricted multi-family
residential developments, such as lobbies, fitness centers, storage
areas for the residents of the multi-family buildings, and common
area meeting rooms for the residents of the building.
2.
Active and passive outdoor recreation areas.
3.
Common indoor open space areas.
4.
Parking spaces, driveways, structured multi-level parking garages
provided that any structured parking is enclosed with the same building
materials and finishes used for the main portion of the residential
building.
5.
Refuse and recycling building and/or structure.
6.
Roof decks including furnishings, screening, landscaping shade structures
and facilities.
7.
Stationary generators.
8.
Fences and walls.
9.
Signage.
10.
HVAC equipment and utility cabinets/controllers.
11.
Temporary construction trailers, temporary sales trailer, and/or
temporary sales office through final project Certificate of Occupancy.
12.
Any use or structure that is customarily incidental and subordinate
to the principal use of land or building located on the same lot.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
a.
Minimum Gross Lot area: 80,000 sq. ft.
b.
Minimum Lot Width: 125 feet.
d.
Maximum Height.
1.
Principal Buildings. The maximum building height shall be the lower
elevation of 4 stories and 48 feet or 460 feet elevation above mean
sea level, including a parapet.
2.
Parapets. Parapets shall measure a maximum of four (4) feet above
a roof level and shall be stepped back a minimum of 4 feet from the
roof's edge.
3.
Accessory Buildings. No accessory building or accessory structure
shall exceed sixteen (16) feet in height.
4.
Rooftop Appurtenances:
(a)
Rooftop equipment and appurtenances, including elevators, elevator
overrides, air conditioning equipment, egress stair towers and similar
structures ("Rooftop Appurtenances"), shall be permitted to exceed
the maximum building height permitted herein subject to the following
requirements.
(b)
Rooftop Appurtenances shall not occupy more than 20% of the total area of the roof level. No more than 5% of the total roof area may be occupied by equipment or structures measuring up to 10 feet in height and the remaining 15% of the total roof area may be occupied by equipment or structures measuring up to 5 feet in height provided that it is demonstrated that no rooftop appurtenance exceeds the tree line and adversely impacts the scenic view of the Palisades as described under § 30-5.13.9, Palisades Scenic Integrity Protection.
(c)
All Rooftop Appurtenances not otherwise shielded by a parapet
shall be screened or otherwise visually mitigated such that they are
not visible from eye-level of a person standing on adjacent public
streets.
e.
Maximum impervious coverage: Sixty-five (65%) of total lot area.
f.
Maximum building coverage: Forty percent (40%) of total lot area.
j.
The preceding standards shall apply to the Northern Sylvan Avenue
Corridor Inclusionary Overlay - B (OL-B) Zone. All other provisions
and standards of the Borough of Englewood Cliffs Code shall apply
to any development in the Northern Sylvan Avenue Corridor Inclusionary
Overlay - B (OL-B) Zone unless the provision or standard is in conflict
with the provisions or standards herein, in which case the provisions
and standards herein shall apply.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
a.
Affordable units provided shall conform to the requirements of the
New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA");
applicable regulations of the New Jersey Council on Affordable Housing
("COAH"); applicable requirements of the Courts of the State of New
Jersey; and the regulations of the New Jersey Housing and Mortgage
Finance Agency ("NJHMFA") including the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") with the exception that
in lieu of 10% of affordable units in rental projects being required
to be affordable to households earning at or below 35% of the regional
median household income by household size (N.J.A.C. 5:80-26.3(d),
13% of all affordable units whether rental or for-sale shall be required
to be affordable to households earning at or below 30% of the regional
median household income by household size ("very-low-income"), in
conformance with N.J.S.A. 52:27D-329.1 (L.2008, c.46, s.7), and all
other applicable law. All new construction units shall be adaptable
in conformance with P.L.2005, c.350/N.J.S.A. 52:27D-311a and -311b
and all other applicable law. If the required number of affordable
units is an odd number, the additional unit must be a low-income unit.
Example: the developer must construct 7 affordable units: 4 must be
low-income units and 3 must be moderate-income units subject to the
limitations set forth herein.
b.
All affordable units shall comply with the Borough's pending Affordable
Housing Ordinance to be approved by the Court.
c.
There shall be a set-aside of at least 20% of the total units as
affordable units that shall be developed on-site. In the event that
20% of the total number of residential units does not equal a full
integer, the fractional number of units shall be rounded upward to
provide one additional whole unit (e.g. 20% of 53 units = 10.6 units,
round up to 11 units).
d.
The developer shall have an obligation to deed restrict the Affordable
Units as very-low-, low-, or moderate-income affordable units for
a period of at least thirty (30) years, until such time and under
conditions as the Borough elects to release the deed restriction,
so that the Borough may count the affordable units against its affordable
housing obligation. The deed restrictions shall be recorded with the
County Clerk, and a copy of the recorded deed shall be forwarded to
the Borough Municipal Housing Liaison and Administrative Agent. Any
sale of the property or units shall not affect the length or terms
of the deed restriction.
e.
The bedroom distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3.
f.
The income distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3,
and shall also provide for a 13% set-aside of very-low income units
as part of the income distribution per paragraph a above.
g.
The inclusionary development will be designed to integrate the low-
and moderate-income units with the market units. Affordable housing
units shall be integrated within inclusionary housing buildings containing
market rate units.
h.
The residents of affordable family units shall have the same access
to the same universally available interior and exterior amenities
offered for the market-rate units. No mandatory amenity fees or fees
for universally available amenities shall be required of any of the
affordable housing units.
i.
Non-residential development as part of any mixed commercial/residential
development shall be subject to the provisions of Borough Code § 30-19.5.
j.
The developer of any affordable units shall be responsible for retaining
a qualified Administrative Agent at the developer's sole expense acceptable
to the Borough or utilizing the Administrative Agent appointed by
the Borough.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
b.
The minimum parking requirement shall be 1.7 spaces per dwelling
unit.
c.
Off-street parking may be located in surface parking areas and/or
within a building as established herein.
d.
Tandem spaces (where one parking space is located directly behind
or in front of another parking space) where each space comprising
the tandem is to be designated for use by a single unit, each space
comprising the tandem shall each be counted as a separate and distinct
space with each being credited towards compliance with the RSIS parking
requirement.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
a.
Buffer requirements shall be as stated under the provisions of Borough
Code § 30-7.10.
b.
The front yard setback area along Sylvan Avenue shall be landscaped
with a mixture of deciduous and evergreen trees and shrubs and lawn
areas coordinated with any stormwater management facilities.
c.
A landscape plan prepared by a landscape architect licensed in the
State of New Jersey shall be submitted and shall include details for
all decorative features. The plan shall identify proposed trees, shrubs,
ground cover, and other landscaping elements. When existing natural
growth is proposed to remain, the applicant shall include in the plans
the proposed methods to protect existing trees and growth during and
after construction.
d.
Any development that fronts the Palisades Interstate Parkway shall
specifically provide adequate screening along any setback from the
Palisades Interstate Parkway so as to protect its scenic quality and
take other mitigating actions to protect the view from the Palisades
Interstate Parkway.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
a.
Buildings shall be designed with each of a building's facade being
of similar importance and shall have a base, middle and top. Building
facades may be articulated both horizontally and vertically. Architectural
devices such as providing stringcourses, cornices and sub-cornices,
raised parapets, and/or horizontally differentiating surface treatments
maybe be used to aid articulation and transitions. Bay windows and
projections at each facade may also be used to create varied articulation
in the design.
b.
Upper level facades shall be articulated to provide architectural
interest. Frontages shall have at least one window appropriately proportioned
per structural bay. Building designs may utilize various types of
materials and material changes for facade articulation. The intent
of this required articulation is to create interesting and varied
building facades such that the building facades do not read as uniform
or continuous slabs along the streetscape.
c.
Exterior facade materials may consist of, but not limited to, masonry
brick veneer, manufactured cast stone veneer, precast sills and bands,
fiber cement siding panels, accent composite metal panels, composite
wood panels and similar materials. Exterior materials may further
include windows, PVC trim, and architectural metal canopies.
d.
Windows shall be double-glazed and vinyl- or metal-cased in all residential
portions of the building. Differentiated glazing treatment and building
materials may be used at the lobby entrance and other feature areas.
e.
All mechanical equipment shall be set back a minimum of 10 feet from
the edge of any roof or raised parapet. If equipment is not screened
by a parapet, it shall be otherwise screened such that it is not visible
from eye-level on adjacent public streets.
f.
Elevator overrides, egress stair towers, and/or rooftop projections
(excluding mechanical equipment) measuring greater than 5 feet in
height shall be clad with materials which do not contrast with the
materials used on the upper level of the building facade.
g.
A solid wall of not less than two feet in height above floor level
shall be provided along all exterior facades, except where necessary
to allow driveways or other access points.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
a.
Adequate facilities shall be provided for the handling of garbage,
recycling, and other refuse by providing and maintaining a screened
enclosure, a separate building, or an interior area within the multi-family
dwelling where all trash and refuse containers shall be stored while
awaiting pickup.
b.
A refuse and recycling building that is appropriately sized for the
development shall be provided at a minimum of 5 square feet for unit.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-12.]
a.
Preservation of the viewshed of the Palisades is a critically important
aesthetic and scenic consideration. The Palisades Scenic Integrity
Protection standards require the applicant to demonstrate that the
proposed development would not adversely affect the scenic integrity
of the Palisades Interstate Park and its surroundings and be visible
above the tree canopy from vantage points east and south of the Palisades,
specifically the George Washington Bridge center and the Cloisters
Terrace and high point of Fort Tryon Park, Manhattan.
b.
The developer shall provide studies, reports and testimony demonstrating
that any proposed development meets the height limitations for this
overlay zone and complies with the standards of this section.
c.
Notwithstanding any other requirement of the Borough Code, no application
shall be deemed complete unless the developer has provided a copy
of the application and plans to the Executive Director of the Palisades
Interstate Park Commission.
d.
Any development that fronts the Palisades Interstate Parkway shall
specifically provide adequate screening along any setback from the
Palisades Interstate Parkway so as to protect its scenic quality and
take other mitigating actions to protect the view from the Palisades
Interstate Parkway.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
a.
The entirety of the "Whereas" clauses set forth in Ordinance 20-13
are hereby incorporated by reference.
b.
To implement the Settlement Agreement between the Borough of Englewood
Cliffs and Fair Share Housing Center dated October 8, 2020 (Docket
No. BER-L-6119-15) by permitting Block 207, Lot 6, commonly referred
to as the North Woods of the New LG Site, to be further developed
with an inclusionary housing project based upon the standards set
forth herein.
c.
This section establishes the North Woods of the New LG Corporate
Campus Inclusionary Housing-1 (IH-1) Zone, which shall be applied,
as shown on the attached map as Attachment A,[1] in the following areas:
Portion of 111 Sylvan Avenue (Portion of Block 207, Lot 6).
The site is currently an undeveloped wooded portion of the new LG
Corporate Campus, known as the "North Woods of New LG Site". The area
bounded by Internal Road C, Hudson Terrace, Sylvan Avenue and the
northern most property line which contains a total tract area of 3.6
+/- acres. This tract of land also contains two (2) isolated freshwater
wetland and transition areas which contain approximately 1.2 +/- acres,
leaving a developable area of approximately 2.4 +/- acres.
[1]
Attachments on file in the Borough offices.
d.
The North Woods of the New LG Corporate Campus Inclusionary Housing-1
(IH-1) Zone district shall permit multi-family residential development
meeting the use, bulk, and design standards contained hereinafter
provided that at least 20% of all residential units created pursuant
to the zone standards shall be set aside for very-low, low- and moderate-income
households as provided for elsewhere in this ordinance. The affordable
units shall not be age-restricted.
e.
AVERAGE FINISHED GRADE
BUILDING COVERAGE
BUILDING HEIGHT, ACCESSORY BUILDING OR STRUCTURE
BUILDING HEIGHT, MULTI-FAMILY DWELLING
DWELLING, MULTI-FAMILY
ELEVATION ABOVE MEAN SEA LEVEL
MULTI-FAMILY FLOOR AREA RATIO
STORY
Definitions. The following terms, as used in this ordinance, shall
have the following meanings:
Shall mean the average finished grade of a building or structure
measured at intervals of ten (10) feet along each exterior wall of
the building or structure, i.e., the sum of the results of such finished
grade measurements, divided by the number of such measurements.
Shall mean that portion of a lot covered by the largest floor
area of all structures, both principal and accessory.
Shall mean the measurement from the Average Finished Grade
to the midpoint of the roof for pitched roofs and the highest point
of the roof deck for flat roofs, for any accessory buildings or structures.
Shall mean the measurement of the vertical distance from
the Average Finished Grade to the highest point of the roof deck which
intersects the building's exterior walls.
Shall mean a building containing three (3) or more dwelling
units, including units that are located one over another, where entranceways,
hallways, basements, attics, storage areas, heating systems, yards
and similar services in the building may be individual, shared in
common, or in combination.
Shall be defined as a measure of the vertical distance of
a location in reference to the mean sea level (MSL) based on the National
Geodetic Vertical Datum of 1929" (see the NOAA, National Geodetic
Survey website: https://www.ngs.noaa.gov/datums/vertical/national-geodetic-vertical-datum-1929.shtml).
Shall mean the area of all floors of multi-family buildings,
including spaces within multi-family buildings used for off-street
parking or loading.
Shall mean the portion of a building included between the
surface of any floor and the surface of the next floor above it, or
if there is no floor above it, then the space between the floor and
the ceiling or roof next above it.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
a.
Principal uses. The following uses shall be permitted on any property
within the North Woods of the New LG Corporate Campus Inclusionary
Housing-1 (IH-1) Zone:
1.
Multi-family residential dwellings.
b.
Accessory uses and structures. The following accessary uses and structures
shall be permitted:
1.
Amenities ancillary to multi-family residential developments, such
as lobbies, fitness centers, storage areas for the residents of the
multi-family buildings, and common area meeting rooms for the residents
of the building.
2.
Active and passive outdoor recreation areas.
3.
Common indoor open space areas.
4.
Parking spaces, driveways, structured multi-level parking garages
provided that any structured parking is enclosed with the same building
materials and finishes used for the main portion of the residential
building.
5.
Refuse and recycling building and/or structure.
6.
Roof decks including furnishings, screening, landscaping shade structures
and facilities.
7.
Any use or structure that is customarily incidental and subordinate
to the principal use of land or building located on the same lot.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
b.
Maximum Density.
1.
Residential Uses: 20 units/acre, but no more than 60 total residential
units.
c.
Minimum Lot Width: 125 feet.
d.
Maximum Height.
1.
Principal Buildings. The maximum building height shall be the lower
elevation of 5 Stories and 60 feet or 405 feet elevation above mean
sea level, including a parapet.
2.
Parapets. Parapets shall measure a maximum of four (4) feet above
a roof level and shall be stepped back a minimum of 4 feet from the
roof's edge.
3.
Accessory Buildings. No accessory building or accessory structure
shall exceed sixteen (16) feet in height.
4.
Rooftop Appurtenances.
(a)
Rooftop equipment and appurtenances, including elevators, elevator
overrides, air conditioning equipment, egress stair towers and similar
structures ("rooftop appurtenances"), shall be permitted to exceed
the maximum building height permitted herein subject to the following
requirements.
(b)
Rooftop appurtenances shall not occupy more than 20% of the
total area of the roof level. No more than 5% of the total roof area
may be occupied by equipment or structures measuring up to 10 feet
in height and the remaining 15% of the total roof area may be occupied
by equipment or structures measuring up to 5 feet in height provided
that it is demonstrated that no rooftop appurtenance exceeds the tree
line and adversely impacts the scenic view of the Palisades as described
under § 30-5.14.9- Palisades Scenic Integrity Protection.
(c)
All Rooftop Appurtenances not otherwise shielded by a parapet
shall be screened or otherwise visually mitigated such that they are
not visible from eye-level of a person standing on adjacent public
streets.
e.
Maximum impervious coverage: Sixty-five (65%) of total lot area.
f.
Maximum building coverage: Forty percent (40%) of total lot area.
h.
The preceding standards shall apply to the North Woods of the New
LG Corporate Campus Inclusionary Housing-1 (IH-1) Zone, 1. All other
provisions and standards of the Borough of Englewood Cliffs Code shall
apply to any development in the North Woods of the New LG Corporate
Campus Inclusionary Housing-1 (IH-1) Zone unless the provision or
standard is in conflict with the provisions or standards herein, in
which case the provisions and standards herein shall apply.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
a.
Affordable units provided shall conform to the requirements of the
New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA");
applicable regulations of the New Jersey Council on Affordable Housing
("COAH"); applicable requirements of the Courts of the State of New
Jersey; and the regulations of the New Jersey Housing and Mortgage
Finance Agency ("NJHMFA") including the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") with the exception that
in lieu of 10% of affordable units in rental projects being required
to be affordable to households earning at or below 35% of the regional
median household income by household size (N.J.A.C. 5:80-26.3(d),
13% of all affordable units in either for-sale or rental projects
shall be required to be affordable to households earning at or below
30% of the regional median household income by household size ("Very
low income"), in conformance with N.J.S.A. 52:27D-329.1 (L.2008, c.46,
s.7) and all other applicable law. All new construction units shall
be adaptable in conformance with P.L.2005, c.350/N.J.S.A. 52:27D-311a
and -311b and all other applicable law. If the required number of
affordable units is an odd number, the additional unit must be a low-income
unit. Example: the developer must construct 7 affordable units: 4
must be low income units and 3 must be moderate income units subject
to the limitations set forth herein.
b.
All affordable units shall comply with the Borough's pending Affordable
Housing Ordinance to be approved by the Court.
c.
There shall be a set-aside of at least 20% of the total units as
affordable units. In the event that 20% of the total number of residential
units does not equal a full integer, the fractional number of units
shall be rounded upward to provide one additional whole unit (e.g.
20% of 53 units = 10.6 units, round up to 11 units).
d.
The developer shall have an obligation to deed restrict the Affordable
Units as very-low-, low-, or moderate-income affordable units for
a period of at least thirty (30) years, until such time and under
conditions as the Borough elects to release the deed restriction,
so that the Borough may count the Affordable Units against its affordable
housing obligation. The deed restrictions shall be recorded with the
County Clerk, and a copy of the recorded deed shall be forwarded to
the Borough Municipal Housing Liaison and Administrative Agent. Any
sale of the property or units shall not affect the length or terms
of the deed restriction.
e.
The bedroom distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3.
f.
The income distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3,
and shall also provide for a 13% set-aside of very-low income units
as part of the income distribution per paragraph A above.
g.
The inclusionary development will be designed to integrate the low-
and moderate-income units with the market units. Affordable housing
units shall be integrated within inclusionary housing buildings containing
market rate units.
h.
The residents of affordable family units shall have the same access
to the same universally available interior and exterior amenities
offered for the market-rate units. No mandatory amenity fees or fees
for universally available amenities shall be required of any of the
affordable housing units.
i.
The developer of any affordable units shall be responsible for retaining
a qualified Administrative Agent at the developer's sole expense acceptable
to the Borough or utilizing the Administrative Agent appointed by
the Borough.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
b.
The minimum parking requirement shall be 1.7 spaces per dwelling
unit.
c.
Off-street parking may be located in surface parking areas and/or
within a building as established herein.
d.
Tandem spaces (where one parking space is located directly behind
or in front of another parking space) where each space comprising
the tandem is to be designated for use by a single unit, each space
comprising the tandem shall be counted as a separate and distinct
space with each being credited towards compliance with the RSIS parking
requirement.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
a.
The preservation of the two (2) isolated forested freshwater wetlands
areas that have been identified on the site plan drawings and exhibits
for the LG Office Complex shall be preserved and utilized as a buffer
between the residential development on this site and the new LG office
complex to the south.
b.
A landscape plan prepared by a landscape architect licensed in the
State of New Jersey shall be submitted and shall include details for
all decorative features. The plan shall identify existing and proposed
trees, shrubs, ground cover, and other landscaping elements. When
existing natural growth is proposed to remain, the applicant shall
include in the plans the proposed methods to protect existing trees
and growth during and after construction.
c.
The landscape plan shall include a low impact woodland walk, trail
or path through and around the site, including the wetlands transition
areas, as well as passive outdoor play areas, sitting areas, and lawn
areas.
d.
Within the site's front and side yard setbacks, 20 feet wide buffers
shall be provided wherein existing trees and mature vegetation shall
be preserved to the maximum extent practicable, allowing vehicular
and pedestrian access to/from Hudson Terrace, to protect the scenic
integrity of the Palisades Interstate Parkway, in accordance with
§ 30-7.10g through o (Buffer Requirements of Zoning Code).
e.
Any development that fronts the Palisades Interstate Parkway shall
specifically provide adequate screening along any setback from the
Palisades Interstate Parkway so as to protect its scenic quality and
take other mitigating actions to protect the view from the Palisades
Interstate Parkway.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
a.
The preservation of the viewshed of the Palisades is a critically
important aesthetic and scenic design consideration. The applicant
shall demonstrate that the proposed development would not adversely
affect the scenic integrity of the Palisades Interstate Park and its
surroundings when viewed from vantage points east and south of the
Palisades, specifically the George Washington Bridge center and the
Cloisters Terrace and high point of Fort Tryon Park, Manhattan.
b.
Buildings shall be designed with each of a building's facade being
of similar importance and shall have a base, middle and top. Building
facades may be articulated both horizontally and vertically. Architectural
devices such as providing stringcourses, cornices and sub-cornices,
raised parapets, and/or horizontally differentiating surface treatments
maybe be used to aid articulation and transitions. Bay windows and
projections at each facade may also be used to create varied articulation
in the design.
c.
Upper level facades shall be articulated to provide architectural
interest. Frontages shall have at least one window appropriately proportioned
per structural bay. Building designs may utilize various types of
materials and material changes for facade articulation. The intent
of this required articulation is to create interesting and varied
building facades such that the building facades do not read as uniform
or continuous slabs along the streetscape.
d.
Exterior facade materials may consist of, but not limited to, masonry
brick veneer, manufactured cast stone veneer, precast sills and bands,
fiber cement siding panels, accent composite metal panels, composite
wood panels and similar materials. Exterior materials may further
include windows, PVC trim, and architectural metal canopies.
e.
Windows shall be double-glazed and vinyl- or metal-cased in all residential
portions of the building. Differentiated glazing treatment and building
materials may be used at the lobby entrance and other feature areas.
f.
All mechanical equipment shall be set back a minimum of 10 feet from
the edge of any roof or raised parapet. If equipment is not screened
by a parapet, it shall be otherwise screened such that it is not visible
from eye-level on adjacent public streets.
g.
Elevator overrides, egress stair towers, and/or rooftop projections
(excluding mechanical equipment) measuring greater than 5 feet in
height shall be clad with materials which do not contrast with the
materials used on the upper level of the building facade.
h.
A solid wall of not less than two feet in height above floor level
shall be provided along all exterior facades, except where necessary
to allow driveways or other access points.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
a.
Adequate facilities shall be provided for the handling of garbage,
recycling, and other refuse by providing and maintaining a screened
enclosure, a separate building, or an interior area within the multi-family
dwelling where all trash and refuse containers shall be stored while
awaiting pickup.
b.
A refuse and recycling building that is appropriately sized for the
development shall be provided at a minimum of 5 square feet for unit.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-13.]
a.
As recognized in the Settlement Agreement between the Borough of
Englewood Cliffs and Fair Share Housing Center dated October 8, 2020
(Docket No. BER-L-6119-15), Paragraph 14.g., the preservation of the
viewshed of the Palisades is a critically important aesthetic and
scenic consideration. The Palisades Scenic Integrity Protection standards
require the Applicant to demonstrate that the proposed development
would not adversely affect the scenic integrity of the Palisades Interstate
Park and its surroundings and be visible above the tree canopy from
vantage points east and south of the Palisades, specifically the George
Washington Bridge center and the Cloisters Terrace and high point
of Fort Tryon Park, Manhattan.
b.
The developer shall provide studies, reports and testimony demonstrating
that any proposed development meets the height limitations for this
zone and complies with the standards of this section.
c.
Notwithstanding any other requirement of the Borough Code, no application
shall be deemed complete unless the developer has provided a copy
of the application and plans to the Executive Director of the Palisades
Interstate Park Commission,
d.
Additionally, Applicant will demonstrate that the proposed development
will avoid adversely affecting the scenic integrity of the Palisades
Interstate Parkway.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
a.
The entirety of the "Whereas" clauses set forth in Ordinance 20-14
are hereby incorporated by reference.
b.
To implement the Settlement Agreement between the Borough of Englewood
Cliffs and Fair Share Housing Center dated October 8, 2020 (Docket
No. BER-L-6119-15) by permitting the properties referenced below to
be further developed with an inclusionary housing project based upon
the standards set forth herein.
c.
This section establishes the Downtown Tiers (Hudson Terrace, East
Palisades, B-3 Area Zone) Inclusionary Housing Overlay -2 (IHO-2)
Zone, which shall be applied, as shown in the attached tables as Attachment
A to this section and shown in the attached map as Attachment B, in
three (3) distinct districts:[1]
1.
Hudson Terrace Overlay district, the area located along Sylvan Avenue,
to the south of Palisades Avenue - which is comprised of the existing
B-4 Zoning District in the northern portion and existing B-2 Zoning
District in the southern portion. It is bounded by Hudson Terrace,
Charlotte Place, Sylvan Avenue (US Route 9W), and E. Palisades Avenue.
The Overlay shall apply to the following properties, specifically:
Block 412, lots 2-10, Block 512, Lots 1-7, Block 513, Lots 1-4 &
6, Block 514, Lots 1-3, Block 515, Lots 1 & 3.
2.
East Palisades Overlay district, the area located along E. Palisades
Avenue, west of Sylvan Avenue - which is largely comprised of the
existing B-1 Zoning District and a portion of the existing B-4 Zoning
District. The Overlay shall apply to the following properties, specifically:
Block 502, Lots 1-10, Block 506, Lots 1-6, Block 612, Lots 5-9, and
22-23, Block 615, Lots 10-12, Block 616, Lots 19-20, and Block 617,
Lots 1 and 18.
3.
B-3 Zone Overlay district, the properties located within the existing
B-3 Zone District, at the southern portion of the Borough along Sylvan
Avenue. The Overlay shall apply to the following properties, specifically:
Block 127, Lot 20.01, Block 131, Lots 1 and 5, Block 132, Lots 1,
2, 3, and 6, Block 134, Lots 2-4, 6 and 7, Block 201, Lots 1-14, Block
205, Lots 1-4, Block 206, Lots 1-3 and 26.
[1]
Attachments on file in the Borough offices.
d.
The Downtown Tiers (Hudson Terrace, East Palisades, B-3 Area Zone)
Inclusionary Housing Overlay -2 (IHO-2) Zone districts shall permit
both mixed commercial and residential development or sole-use multi-family
residential development meeting the use, bulk, and design standards
contained hereinafter provided that at least 20% of all residential
units created pursuant to the overlay zone standards shall be set
aside for low- and moderate-income households as provided for elsewhere
in this section.
e.
The underlying zone districts' regulatory provisions shall remain
in force. Any existing development on a parcel within the Downtown
Tiers (Hudson Terrace, East Palisades, B-3 Area Zone) Inclusionary
Housing Overlay -2 (IHO-2) Zone that is compliant with the requirements
of the underlying zoning may continue or expand as it would have prior
to the adoption of this overlay zone. Any developer or property owner
that wishes to develop or use a property in a manner consistent with
the existing, underlying zoning may do so and not be subject to the
requirements of the overlay zone.
f.
Notwithstanding the foregoing, every site within the areas identified
above may be redeveloped as a completely residential inclusionary
project at a density of 19 units per acre with a 20 percent set aside.
Alternatively, the site can be redeveloped as a mixed commercial/residential
project in which the residential component may be developed at a density
of 24 units per acre with a 20% set aside. The affordable units shall
not be age-restricted.
g.
AVERAGE FINISHED GRADE
BUILDING COVERAGE
BUILDING HEIGHT, ACCESSORY BUILDING OR STRUCTURE
BUILDING HEIGHT, MULTI-FAMILY DWELLING, TOWNHOUSE OR STACKED
TOWNHOUSE
DWELLING, MULTI-FAMILY
ELEVATION ABOVE MEAN SEA LEVEL
MULTI-FAMILY FLOOR AREA RATIO
STORY
Definitions. The following terms, as used in this section, shall
have the following meanings:
Shall mean the average finished grade of a building or structure
measured at intervals of ten (10) feet along each exterior wall of
the building or structure, i.e. the sum of the results of such finished
grade measurements, divided by the number of such measurements.
Shall mean that portion of a lot covered by the largest floor
area of all structures, both principal and accessory.
Shall mean the measurement from the average finished grade
to the midpoint of the roof for pitched roofs and the highest point
of the roof deck for flat roofs, for any accessory buildings or structures.
Shall mean the measurement of the vertical distance from
the Average Finished Grade to the highest point of the roof deck which
intersects the building's exterior walls.
Shall mean a building containing three (3) or more dwelling
units, including units that are located one over another, where entranceways,
hallways, basements, attics, storage areas, heating systems, yards
and similar services in the building may be individual, shared in
common, or in combination.
Shall be defined as a measure of the vertical distance of
a location in reference to the mean sea level (MSL) based on the National
Geodetic Vertical Datum of 1929 (see the NOAA, National Geodetic Survey
website: https://www.ngs.noaa.gov/datums/vertical/national-geodetic-vertical-datum-1929.shtml)
Shall mean the area of all floors of multi-family buildings,
including spaces within multi-family buildings used for off-street
parking or loading.
Shall mean the portion of a building included between the
surface of any floor and the surface of the next floor above it, or
if there is no floor above it, then the space between the floor and
the ceiling or roof next above it.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
a.
Principal uses. The following uses shall be permitted on any property
within the Downtown Tiers (Hudson Terrace, East Palisades, B-3 Area
Zone) Inclusionary Housing Overlay -2 (IHO-2) Zone provided the following:
1.
Multi-family Residential Development.
2.
Mixed Commercial/Multi-Family Residential Development in structures
combining retail business establishments or personal service establishments
on the ground floor and containing a multi-family residential use
above with no residential dwelling units located on the ground floor.
4.
All uses enumerated in the underlying zoning.
b.
Accessory uses and structures. The following accessary uses and structures
shall be permitted:
1.
Amenities ancillary to multi-family residential and mixed commercial/residential
developments, such as lobbies, fitness centers, storage areas for
the residents of the multi-family buildings, and common area meeting
rooms for the residents of the building.
2.
Active and passive outdoor recreation areas.
3.
Common indoor open space areas.
4.
Parking spaces, driveways, structured multi-level parking garages
provided that any structured parking is enclosed with the same building
materials and finishes used for the main portion of the mixed commercial/residential
or multi-family residential building.
5.
Refuse and recycling building and/or structure.
6.
Roof decks including furnishings, screening, landscaping shade structures
and facilities.
7.
Stationary generators.
8.
Fences and walls.
9.
Signage.
10.
HVAC equipment and utility cabinets/controllers.
11.
Temporary construction trailers, temporary sales trailer, and/or
temporary sales office through final project Certificate of Occupancy.
12.
Any use or structure that is customarily incidental and subordinate
to the principal use of land or building located on the same lot.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
a.
Minimum Gross Lot area: 0.2 acre (8,712 sq. ft.) for all three overlay
sections, Hudson Terrace, East Palisades and B-3 Zone District.
c.
Minimum lot width: 50 feet.
d.
Maximum Height.
1.
Principal Buildings. The maximum building height shall be the lower
elevation of 3 stories and 36 feet or 410 feet elevation above mean
sea level, including a parapet for the East Palisades Overlay Area,
or 425 feet elevation above mean sea level, including a parapet for
the B-3 Zone District Overlay Area, or 390 feet elevation above mean
sea level, including a parapet for the Hudson Terrace Overlay Area.
2.
Parapets. Parapets shall measure a maximum of four (4) feet above
a roof level and shall be stepped back a minimum of 4 feet from the
roof's edge.
3.
Accessory Buildings. No accessory building or accessory structure
shall exceed sixteen (16) feet in height.
4.
Rooftop Appurtenances:
(a)
Rooftop equipment and appurtenances, including elevators, elevator
overrides, air conditioning equipment, egress stair towers and similar
structures ("Rooftop Appurtenances"), shall be permitted to exceed
the maximum building height permitted herein subject to the following
requirements.
(b)
Rooftop Appurtenances shall not occupy more than 20% of the
total area of the roof level. No more than 5% of the total roof area
may be occupied by equipment or structures measuring up to 10 feet
in height and the remaining 15% of the total roof area may be occupied
by equipment or structures measuring up to 5 feet in height.
(c)
All Rooftop Appurtenances not otherwise shielded by a parapet
shall be screened or otherwise visually mitigated such that they are
not visible from eye-level of a person standing on adjacent public
streets.
e.
Maximum impervious coverage: Eighty percent (80%) of total lot area.
f.
Maximum building coverage: Sixty percent (60%) of total lot area.
h.
The preceding standards shall apply to Downtown Tiers (Hudson Terrace,
East Palisades, B-3 Area Zone) Inclusionary Housing Overlay -2 (IHO-2)
Zone All other provisions and standards of the Borough of Englewood
Cliffs Code shall apply to any development in the Downtown Tiers (Hudson
Terrace, East Palisades, B-3 Area Zone) Inclusionary Housing Overlay
— 2 (IHO-2) Zone unless the provision or standard is in conflict
with the provisions or standards herein, in which case the provisions
and standards herein shall apply.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
a.
Affordable units provided shall conform to the requirements of the
New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA");
applicable regulations of the New Jersey Council on Affordable Housing
("COAH"); applicable requirements of the Courts of the State of New
Jersey; and the regulations of the New Jersey Housing and Mortgage
Finance Agency ("NJHMFA") including the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") with the exception that
in lieu of 10% of affordable units in rental projects being required
to be affordable to households earning at or below 35% of the regional
median household income by household size, (N.J.A.C. 5:80-26.3(d),
13% of all affordable units in rental or for-sale projects shall be
required to be affordable to households earning at or below 30% of
the regional median household income by household size ("very low
income"), in conformance with N.J.S.A. 52:27D-329.1 (L.2008, c.46,
s.7) and all other applicable law. All new construction units shall
be adaptable in conformance with P.L.2005, c.350/N.J.S.A. 52:27D-311a
and - 311b and all other applicable law. If the required number of
affordable units is an odd number, the additional unit must be a low-income
unit. Example: the developer must construct 7 affordable units: 4
must be low income units and 3 must be moderate income units subject
to the limitations set forth herein.
b.
All affordable units shall comply with the Borough's pending Affordable
Housing Ordinance to be approved by the Court.
c.
There shall be a set-aside of at least 20% of the total units as
affordable units. In the event that 20% of the total number of residential
units does not equal a full integer, the fractional number of units
shall be rounded upward to provide one additional whole unit (e.g.
20% of 53 units = 10.6 units, round up to 11 units).
d.
The developer shall have an obligation to deed restrict the Affordable
Units as very-low-, low-, or moderate-income affordable units for
a period of at least thirty (30) years, until such time and under
conditions as the Borough elects to release the deed restriction,
so that the Borough may count the Affordable Units against its affordable
housing obligation. The deed restrictions shall be recorded with the
County Clerk, and a copy of the recorded deed shall be forwarded to
the Borough Municipal Housing Liaison and Administrative Agent. Any
sale of the property or units shall not affect the length or terms
of the deed restriction.
e.
The bedroom distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3.
f.
The income distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3,
and shall also provide for a 13% set-aside of very-low income units
as part of the income distribution per paragraph a above.
g.
The inclusionary development will be designed to integrate the low-
and moderate-income units with the market units. Affordable housing
units shall be integrated within inclusionary housing buildings containing
market rate units.
h.
Non-residential development as part of any mixed commercial/residential
development shall be subject to the provisions of Borough Code § 30-19.5.
i.
The developer of any affordable units shall be responsible for retaining
a qualified Administrative Agent at the developer's sole expense acceptable
to the Borough or utilizing the Administrative Agent appointed by
the Borough.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
b.
The minimum parking requirement shall be 1.7 spaces per dwelling
unit.
c.
Off-street parking may be located in surface parking areas and/or
within a building as established herein.
d.
Tandem spaces (where one parking space is located directly behind
or in front of another parking space) where each space comprising
the tandem is to be designated for use by a single unit, each space
comprising the tandem shall each be counted as a separate and distinct
space with each being credited towards compliance with the RSIS parking
requirement.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
a.
Buffer requirements shall be as stated under the provisions of Borough
Code § 30-7.10.
b.
A landscape plan prepared by a landscape architect licensed in the
State of New Jersey shall be submitted and shall include details for
all decorative features. The plan shall identify proposed trees, shrubs,
ground cover, and other landscaping elements. When existing natural
growth is proposed to remain, the applicant shall include in the plans
the proposed methods to protect existing trees and growth during and
after construction.
c.
Any development that fronts the Palisades Interstate Parkway shall
specifically provide adequate screening along any setback from the
Palisades Interstate Parkway so as to protect its scenic quality and
take other mitigating actions to protect the view from the Palisades
Interstate Parkway.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
a.
The preservation of the viewshed of the Palisades is a critically
important aesthetic and scenic design consideration. The applicant
shall demonstrate that the proposed development would not adversely
affect the scenic integrity of the Palisades Interstate Park and its
surroundings when viewed from vantage points east and south of the
Palisades, specifically the George Washington Bridge center and the
Cloisters Terrace and high point of Fort Tryon Park, Manhattan.
b.
Buildings shall be designed with each of a building's facade being
of similar importance and shall have a base, middle and top. Building
facades may be articulated both horizontally and vertically. Architectural
devices such as providing stringcourses, cornices and sub-corniced,
raised parapets, and/or horizontally differentiating surface treatments
maybe be used to aid articulation and transitions. Bay windows and
projections at each facade may also be used to create varied articulation
in the design.
c.
Upper level facades shall be articulated to provide architectural
interest. Frontages shall have at least one window appropriately proportioned
per structural bay. Building designs may utilize various types of
materials and material changes for facade articulation. The intent
of this required articulation is to create interesting and varied
building facades such that the building facades do not read as uniform
or continuous slabs along the streetscape.
d.
Exterior facade materials may consist of, but not limited to, masonry
brick veneer, manufactured cast stone veneer, precast sills and bands,
fiber cement siding panels, accent composite metal panels, composite
wood panels and similar materials. Exterior materials may further
include windows, PVC trim, and architectural metal canopies.
e.
Windows shall be double-glazed and vinyl- or metal-cased in all residential
portions of the building. Differentiated glazing treatment and building
materials may be used at the lobby entrance and other feature areas.
f.
All mechanical equipment shall be set back a minimum of 10 feet from
the edge of any roof or raised parapet. If equipment is not screened
by a parapet, it shall be otherwise screened such that it is not visible
from eye-level on adjacent public streets.
g.
Elevator overrides, egress stair towers, and/or rooftop projections
(excluding mechanical equipment) measuring greater than 5 feet in
height shall be clad with materials which do not contrast with the
materials used on the upper level of the building facade.
h.
A solid wall of not less than two feet in height above floor level
shall be provided along all exterior facades, except where necessary
to allow driveways or other access points.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
a.
Adequate facilities shall be provided for the handling of garbage,
recycling, and other refuse by providing and maintaining a screened
enclosure, a separate building, or an interior area within the multi-family
dwelling where all trash and refuse containers shall be stored while
awaiting pickup.
b.
A refuse and recycling building that is appropriately sized for the
development shall be provided at a minimum of 5 square feet for unit.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-14.]
a.
The Preservation of the viewshed of the Palisades is a critically
important aesthetic and scenic consideration. The Palisades Scenic
Integrity Protection standards require the applicant to demonstrate
that the proposed development would not adversely affect the scenic
integrity of the Palisades Interstate Park and its surroundings when
viewed from vantage points east and south of the Palisades, specifically
the George Washington Bridge center and the Cloisters Terrace and
high point of Fort Tryon Park, Manhattan.
b.
The developer shall provide studies, reports and testimony demonstrating
that any proposed development meets the height limitations for this
overlay zone and complies with the standards of this section.
c.
Notwithstanding any other requirement of the Borough Code, no application
shall be deemed complete unless the developer has provided a copy
of the application and plans to the Executive Director of the Palisades
Interstate Park Commission.
d.
Additionally, Applicant will demonstrate that the proposed development
will avoid adversely affecting the scenic integrity of the Palisades
Interstate Parkway.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
a.
Purpose.
1.
To implement the Settlement Agreement between the Borough of Englewood
Cliffs and Fair Share Housing Center dated October 8, 2020 (Docket
No. BER-L-6119-15) by permitting Block 1302, Lot 5, commonly referred
to as the Sisters of Peace site, to be further developed with an inclusionary
housing project based upon the standards set forth herein.
2.
The entirety of the "Whereas" clauses as set forth in Ordinance 20-15
are hereby incorporated herein by reference.
4.
Additionally, it is the intent of the Inclusionary Age-Restricted
Housing Overlay - 3 Zone (IARHO-3) regulations to create an overlay
opportunity for the construction of low- and moderate-income housing
in the Borough and thereby help to address the Borough's fair share
housing obligation under the New Jersey Fair Housing Act ("FHA"),
applicable Council on Affordable Housing ("COAH") regulations, Mount
Laurel I and its progeny, the settlement agreement entered into between
the Borough and Fair Share Housing Center ("FSHC") on October 8, 2020
and the Borough's Housing Element and Fair Share Plan. The Inclusionary
Age-Restricted Housing Overlay - 3 Zone (IARHO-3) encourages the development
of low- and moderate-income housing by allowing for inclusionary residential
development.
5.
The Inclusionary Age-Restricted Housing Overlay - 3 Zone (IARHO-3)
District shall permit age-restricted, as defined in the Uniform Housing
Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") multi-family
residential development satisfying the use, bulk, and design standards
contained hereinafter provided that at least 20% of all age-restricted
residential units created pursuant to the overlay zone standards shall
be set aside for low- and moderate-income households as provided for
elsewhere in this section.
6.
The further purpose of this section shall be the preservation of
the Palisades and its viewshed as a critically important aesthetic
and scenic design consideration. Any proposed development pursuant
to these zoning regulations shall not adversely affect the scenic
integrity of the Palisades Interstate Park and its surroundings and
the viewshed from vantage points east and south of the Palisades,
specifically the George Washington Bridge center and the Cloisters
Terrace and high point of Fort Tryon Park, Manhattan by maintaining
or reducing the current visual intrusion to the scenic integrity of
the Palisades. Nor shall said development adversely affect the view
from the Palisades Interstate Parkway. Furthermore, the purpose of
this ordinance is to avoid adversely affecting the view from the Palisades
Interstate Parkway.
7.
Any provisions of this title or any other ordinance inconsistent
with the Inclusionary Age-Restricted Housing Overlay - 3 Zone (IARHO-3)
regulations shall be inapplicable.
b.
AGE-RESTRICTED UNIT
AVERAGE FINISHED GRADE
BUILDING COVERAGE
BUILDING HEIGHT, ACCESSORY BUILDING OR STRUCTURE
BUILDING HEIGHT, MULTI-FAMILY DWELLING
DWELLING, MULTI-FAMILY
ELEVATION ABOVE MEAN SEA LEVEL
MULTI-FAMILY BUILDING
MULTI-FAMILY FLOOR AREA RATIO
STORY
Definitions. The following terms, as used in this section, shall
have the following meanings:
Shall mean a housing unit designed to meet the needs of,
and exclusively for, the residents of an age-restricted segment of
the population where the head of the household is a minimum age of
either 62 years, or 55 years and meets the provisions of the 42 U.S.C.
§§ 3601 et seq., except that due to death, a remaining
spouse of less than 55 years of age shall be permitted to continue
to reside pursuant to the Uniform Housing Affordability Controls,
N.J.A.C. 5:80-26.1 et seq. ("UHAC").
Shall mean the average finished grade of a building or structure
measured at intervals of ten (10) feet along each exterior wall of
the building or structure i.e., the sum of the results of such finished
grade measurements, divided by the number of such measurements.
Shall mean that portion of a lot covered by the largest floor
area of all structures, both principal and accessory.
Shall mean the measurement from the average finished grade
to the midpoint of the roof for pitched roofs and the highest point
of the roof deck for flat roofs, for any accessory buildings or structures.
Shall mean the measurement of the vertical distance from
the average finished grade to the highest point of the roof deck which
intersects the building's exterior walls.
Shall mean a building containing three (3) or more dwelling
units, including units that are located one over another, where entranceways,
hallways, basements, attics, storage areas, heating systems, yards
and similar services in the building may be individual, shared in
common, or in combination.
Shall be defined as a measure of the vertical distance of
a location in reference to the mean sea level (MSL) based on the National
Geodetic Vertical Datum of 1929 (see the NOAA, National Geodetic Survey
website: https://www.ngs.noaa.gov/datums/vertical/national-geodetic-vertical-datum-1929.shtml)
Shall mean any building with 3 or more residential units
Shall mean the area of all floors of multi-family buildings,
including spaces within multi-family buildings used for off-street
parking or loading.
Shall mean the portion of a building included between the
surface of any floor and the surface of the next floor above it, or
if there is no floor above it, then the space between the floor and
the ceiling or roof next above it.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
a.
Principal uses. The following uses shall be permitted on any property
within the Inclusionary Age-Restricted Housing Overlay - 3 Zone (IARHO-3)
provided the following:
1.
Age-restricted multi-family residential buildings.
b.
Accessory uses and structures. The following accessary uses and structures
shall be permitted:
1.
Amenities ancillary to age-restricted residential developments, such
as lobbies, fitness centers, storage areas for the residents of the
buildings, and common area meeting rooms for the residents of the
building.
2.
Active and passive outdoor recreation areas.
3.
Common indoor open space areas.
4.
Parking spaces, driveways, structured multi-level parking garages
provided that any structured parking is enclosed with the same building
materials and finishes used for the main portion of the residential
building.
5.
Refuse and recycling building and/or structure.
6.
Non-illuminated signs.
7.
Any use or structure that is customarily incidental and subordinate
to the principal use of land or building located on the same lot.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
a.
Minimum Gross Lot area: Twelve (12) acres.
b.
Minimum Lot Width: 300 feet.
c.
Maximum Density.
1.
Age-Restricted Multi-Family Residential Development at six (6) units
per acre.
2.
Bonus Density. A separate and additional age-restricted residential multi-family development in excess of the gross six (6) units per acre allowed under § 30-5.12.3a may be constructed provided that any such bonus age-restricted residential units are limited to the conversion and adaptive re-use of the Existing Historic Buildings & Other Existing Buildings, as defined in and subject to the provisions of § 30-5.16.8 below of this ordinance, on the property, whether or not these buildings are on or eligible to be on any State or National Registers of Historic Places list. The conversion of these historic buildings for any bonus age-restricted residential density shall be limited to one-bedroom age-restricted units with at least a 20% set aside. Any development on the property shall maintain, or if not inconsistent with the historical preservation requirements herein, reduce any current visual intrusions to the scenic integrity of the Palisades viewshed from the vantage point of Manhattan and the George Washington Bridge.
d.
Floor Area Ratio: 0.50.
e.
Maximum Height.
1.
Principal Multi-Family Buildings. The maximum building height for
any new multifamily building shall be the lower elevation of 3 stories,
and 36 feet above average finished grade, or 360 feet elevation above
mean sea level, including a parapet.
2.
Parapets. Parapets shall measure a maximum of four (4) feet above
a roof level.
3.
Accessory Buildings. No accessory building or accessory structure
shall exceed sixteen (16) feet in height.
4.
Rooftop Appurtenances.
(a)
Notwithstanding the foregoing rooftop appurtenances including
elevators, elevator overrides, air conditioning equipment, egress
stair towers and similar structures ("Rooftop Appurtenances") shall
be permitted subject to the following requirements:
(b)
Rooftop Appurtenances shall be permitted to exceed the maximum
height permitted herein provided that such equipment or structures
do not occupy more than 20% of total roof area. No more than 5% of
the total roof area may be occupied by equipment or structures measuring
up to 10 feet in height and the remaining 15% of the total roof area
may be occupied by equipment or structures measuring up to 5 feet
in height.
(c)
All Rooftop Appurtenances not otherwise shielded by a parapet
shall be screened or otherwise visually mitigated.
(d)
All mechanical equipment shall be set back a minimum of 10 feet
from the edge of any roof or raised parapet. If equipment is not screened
by a parapet, it shall be otherwise screened such that it is not visible
from eye-level on adjacent public streets.
f.
Maximum impervious coverage: Thirty-five (35%) of total lot area.
g.
Maximum building coverage: Twenty (20%) percent. of total lot area.
i.
The preceding standards shall apply to the Inclusionary Age-Restricted
Housing Overlay - 3 (IARHO-3) Zone. All other provisions and standards
of the Borough of Englewood Cliffs Code shall apply to any development
in the Inclusionary Age-Restricted Housing Overlay - 3 (IARHO-3) Zone
unless the provision or standard is in conflict with the provisions
or standards herein, in which case the provisions and standards herein
shall apply.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
a.
Affordable units provided shall conform to the requirements of the
New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA");
applicable regulations of the New Jersey Council on Affordable Housing
("COAH"); applicable requirements of the Courts of the State of New
Jersey; and the regulations of the New Jersey Housing and Mortgage
Finance Agency ("NJHMFA") including the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") with the exception that
in lieu of 10% of affordable units in rental projects being required
to be affordable to households earning at or below 35% of the regional
median household income by household size, 13% of all affordable units
whether rental or for-sale shall be required to be affordable to households
earning at or below 30% of the regional median household income by
household size, and all other applicable law. All new construction
units shall be adaptable in conformance with P.L. 2005, c.350/N.J.S.A.
52:27D-311a and -311b and all other applicable law. Example: the developer
must construct 7 affordable units: 4 must be low income units and
3 must be moderate income units subject to the limitations set forth
herein.
b.
There shall be a set-aside of at least 20% of the total units as
affordable units. In the event that 20% of the total number of residential
units does not equal a full integer, the fractional number of units
shall be rounded upward to provide one additional whole unit (e.g.
20% of 53 units = 10.6 units, round up to 11 units).
c.
The developer shall have an obligation to deed restrict the Affordable
Units as very low-, low-, or moderate-income affordable units for
a period of at least thirty (30) years, until such time and under
conditions as the Borough elects to release the deed restriction,
so that the Borough may count the Affordable Units against its affordable
housing obligation. The deed restrictions shall be recorded with the
County Clerk, and a copy of the recorded deed shall be forwarded to
the Borough Municipal Housing Liaison and Administrative Agent. Any
sale of the property or units shall not affect the length or terms
of the deed restriction.
d.
The bedroom distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3.
e.
The income distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3,
and shall also provide for a 13% set-aside of very-low income units
as part of the income distribution per paragraph a above.
f.
The inclusionary development will be designed to integrate the low-
and moderate-income units with the market units. Affordable housing
units shall be integrated within inclusionary housing buildings containing
market rate units.
g.
The developer of any affordable units shall be responsible for retaining
a qualified Administrative Agent at the developer's sole expense acceptable
to the Borough or utilizing the Administrative Agent appointed by
the Borough.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
b.
If necessary, pursuant to the waiver process set forth at N.J.A.C.
5:21-3.2, one (1) parking space is required per unit.
c.
Off-street parking may be located in surface parking areas and/or
within a building as established herein but must be provided on-site.
d.
Garages may be counted as parking spaces.
e.
All common parking lots shall be screened from public view through landscaping described in § 30-5.16.6.
f.
Adequate fire and emergency access must be provided.
g.
Signage shall be provided where parking spaces are to be reserved
for residents.
h.
Adequate parking facilities for accessibility to people with mobility
impairments shall be provided as required by the Americans with Disabilities
Act (ADA).
i.
All parking spaces and/or structures shall be setback back from all
property lines as required for any accessory use or structure. No
parking is permitted in any set-back area.
j.
Tandem spaces (where one parking space is located directly behind
or in front of another parking space) where each space comprising
the tandem is to be designated for use by a single unit, each space
comprising the tandem shall each be counted as a separate and distinct
space with each being credited towards compliance with the RSIS parking
requirement.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
a.
Buffer requirements.
1.
Buffer areas shall be developed in an aesthetic manner for the primary purpose of avoiding the potential adverse visual impact of development and for screening views of the site from the viewshed locations referenced in § 30-5.16.7 Building and Architectural Standards.
2.
Said buffering shall, at minimum, include a fifty-foot buffering
area from the easterly lot line and a thirty-five-foot buffering area
from the westerly lot line. Notwithstanding the foregoing, where a
building in existence in the Inclusionary Age-Restricted Housing Overlay
- 3 (IARHO-3) Zone as of the effective date of Ordinance 20-15 is
demolished or removed, buffering shall be placed on the footprint
of said building to help screen new and existing development.
3.
The following are the standards for the buffer area:
(a)
Only natural materials may be used.
(b)
Trees shall be evergreen, hardy, or other similar tall trees
and vegetation at least six to eight feet in height and two inches
in caliper when planted and be of a species common to the area.
(c)
No structure, storage of materials or parking of vehicles shall
be permitted in a buffer area.
(d)
The standards for the location and design of buffer areas are
intended to provide flexibility in order to provide effective buffers.
(e)
The location and design of buffers shall consider the use and
scale of the portion of the property being screened; the distance
between the use and the adjoining property line; and differences in
elevations.
(f)
The preservation of all natural wooded tracts and rock outcroppings
shall be an integral part of all site plans and may be calculated
as part of the required buffer area, provided that the growth is of
a density and the area has sufficient width to serve the purpose of
a buffer. Where additional plantings are necessary to establish an
appropriate tone for an effective buffer, said plantings may be required.
4.
As a condition of approval, the reviewing board shall require that
a conservation easement be granted to the Palisades Interstate Park
Commission for the maintenance of those buffering areas which are
used to screen development from the Palisades viewshed and the Palisades
Interstate Parkway.
b.
Landscaping Plan.
1.
A landscape plan prepared by a landscape architect licensed in the
State of New Jersey shall be submitted and shall include details for
all decorative features. The plan shall identify proposed trees, shrubs,
ground cover, and other landscaping elements. When existing natural
growth is proposed to remain, the applicant shall include in the plans
the proposed methods to protect existing trees and growth during and
after construction.
2.
Landscaping plans shall be professionally drawn and conform to the
design principles described herein with a goal to mitigate visual
intrusion of any development upon the Palisades.
3.
Landscaping shall be provided as part of site plan and subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design creating a pleasing
site character which mitigates the impact of structures.
4.
Landscaping shall be used to accent and complement buildings. For
example, where appropriate, groupings of tall trees to break up long,
low buildings and lower planting for taller buildings.
5.
Provide a variety and mixture of landscaping. The variety shall consider
susceptibility to disease, colors, season, textures, shapes, blossoms,
and foliage.
6.
Local soil conditions and water availability shall be considered
in the choice of landscaping.
7.
Assure that no aspect of the landscape design inhibits access to
the development by emergency vehicles.
8.
Applicant shall maintain and enhance any visual buffers of the new development from the vantage points referenced in the required Professional Viewshed Survey referenced in § 30-5.16.7h.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
a.
Location of Buildings. Dwelling units, buildings and their front
facades shall be oriented towards the public and/or private roadway.
Primary dwelling unit entrances shall be located on the front facade
of any structure that is oriented towards the public and/or private
roadway. Where dwelling units or building does not front on a public/private
roadway, they shall be oriented towards interior open spaces. All
units and buildings shall be oriented away from parking lots.
b.
Construction. Subject to applicable design standards, the outside
walls of a building shall be of fire-resistant material, such as brick,
stone or masonry, and reflect the materials used for the construction
of the existing historic buildings located within the zone.
c.
Design Criteria. Development shall reflect the architecture and materials
of existing structures within the Inclusionary Age-Restricted Housing
Overlay - 3 (IARHO-3) Zone in order for the structures to be aesthetically
integrated within the entire development and to respect the historic
integrity of the existing buildings as well to meld into the Palisades
environs. To assist in these goals, the following design standards
shall be utilized:
1.
Varying building widths, staggering setbacks and altering building
heights and rooflines;
2.
Varying architectural embellishments to buildings including roof
elements such as dormers, belvederes, masonry, chimneys, similar elements,
and fenestration, provided that such are architecturally compatible
with the style, materials, colors and details of the existing buildings
within the zone or otherwise demonstrated to meld into the Palisades
environs;
3.
Varying the front entrance definition and articulation of buildings,
provided that such are architecturally compatible with the style,
materials, colors and details of the existing buildings within the
zone;
4.
There should be an emphasis on exteriors including the use of natural
materials and colors that meld with the Palisades environs.
d.
Miscellaneous.
1.
Buildings shall provide laundry facilities and central air conditioning
for each dwelling unit either in the unit or in common areas accessible
only to residents.
2.
Window air conditioning units are not permitted.
3.
Television connections shall be provided for each unit.
4.
All trash and recyclables shall be stored in covered containers.
They may be stored within or outside the building. If the materials
are stored outside, they must be kept in a permanent enclosure with
a latching gate in a centrally located, concealed area approved by
the Planning Board.
e.
As the preservation of the viewshed of the Palisades is a critically
important aesthetic and scenic design consideration, the applicant
shall demonstrate that the proposed development would not adversely
affect the scenic integrity of the Palisades Interstate Park and its
surroundings when viewed from vantage points east and south of the
Palisades, specifically the George Washington Bridge center and the
Cloisters Terrace and high point of Fort Tryon Park, Manhattan.
f.
Upper level facades shall be articulated to provide architectural
interest. Frontages shall have at least one window appropriately proportioned
per structural bay. Building designs may utilize various types of
materials and material changes for facade articulation. The intent
of this required articulation is to create interesting and varied
building facades such that the building facades do not read as uniform
or continuous slabs along the streetscape.
g.
Windows shall be double-glazed and vinyl- or metal-cased in all residential
portions of the building. Differentiated glazing treatment and building
materials may be used at the lobby entrance and other feature areas.
h.
Additional Requirements.
1.
An application made pursuant to this section shall not be deemed
complete unless a copy of the application and plans are transmitted
to the Executive Director of the Palisades Interstate Park Commission
as well as the Executive Director of the Palisades Parks application
Conservancy.
2.
Applicant shall conduct a professional viewshed survey.
(a)
This viewshed survey shall gauge the visual impact of the proposed
construction from the George Washington Bridge center, the Cloisters
Terrace, the high point of Fort Tryon Park, Manhattan and the Palisades
Interstate Parkway.
(b)
This viewshed survey shall provide photo simulations, line-of-sight
profiles and/or other visual analysis methods necessary to document
the degree and character of project visibility from these vantage
points.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
a.
Existing Historic Building and Other Existing Buildings.
1.
For the purposes of this section the term "Existing Historic Building"
shall mean the multi-floor tower building that is in existence in
the Inclusionary Age-Restricted Housing Overlay - 3 (IARHO-3) Zone
as of the effective date of Ordinance 20-15 and the term "All Other
Buildings" shall mean all other buildings that are in existence in
the Inclusionary Age-Restricted Housing Overlay - 3 (IARHO-3) Zone
as of the effective date of Ordinance 20-15 except for the Existing
Historic Building.
2.
The Existing Historic Building shall be maintained.
3.
The Existing Historic Building and All Other Buildings shall not
be expanded, enlarged or have their exteriors altered, unless for
purposes of demolition to reduce their visual intrusion in the Palisades
viewshed.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
a.
Site and building lighting shall be designed and operated to minimize
the off-premises impact of the building interior lighting and exterior
lighting on the property and surrounding areas. Applicant shall utilize
LEED guidance and shall employ best efforts to minimize light pollution
from the interior and exterior lighting constructed as part of this
project and its effects on people, wildlife and the surrounding ecosystem
provided same does not interfere with life and safety issues and meets
building code requirements. Strategies to achieve this outcome include,
but are not limited to:
b.
Exterior and interior lighting design plans shall, at a minimum,
comply with the requirements of U.S. Green Building Council's LEED
v3 Light Pollution Reduction credit and those portions of the LEED
v3 Optimize Energy Performance prerequisite that govern interior lighting.
c.
All outdoor lighting, including streetlamps and accent lighting,
should comply with "dark sky" standards intended to reduce light pollution.
Dark sky standards require that lighting is downcast, illuminates
only the intended areas, dims during nighttime condition, and does
not cause disabling glare that affects driver safety and reduces the
visibility of starry night skies.
d.
Streetlamps may not exceed 12 feet in height.
e.
Lighting for a building must be contained on the property which the
building is located.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-15.]
a.
Adequate facilities shall be provided for the handling of garbage,
recycling, and other refuse by providing and maintaining a screened
enclosure, a separate building, or an interior area within the multi-family
dwelling where all trash and refuse containers shall be stored while
awaiting pickup.
b.
A refuse and recycling building that is appropriately sized for the
development shall be provided at a minimum of 5 square feet per unit.
c.
All trash and recyclables shall be stored in covered containers.
They may be stored within or outside the building. If the materials
are stored outside, they must be kept in a permanent enclosure with
a latching gate in a centrally located, concealed.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
a.
The entirety of the "Whereas" clauses set forth in Ordinance 20-17
are hereby incorporated by reference.
b.
To implement the Settlement Agreement between the Borough of Englewood
Cliffs and Fair Share Housing Center dated October 8, 2020 (Docket
No. BER-L-6119-15) by permitting Block 513, Lot 5 & 7; Block 514,
Lots 4 & 5 and a portion of the Clendinen Place right-of-way to
be vacated, with street addresses of 474 & 482 Hudson Terrace
and 4 Clendinen Place (hereinafter Municipal Site A) and Block 513,
Lot 5, with a street address of 488 Hudson Terrace, which is currently
partially developed with the Borough's community center and emergency
squad facility (hereinafter Municipal Site B or the "community center
site") to be further developed with a 100% affordable housing project
based upon the standards set forth herein.
c.
This section establishes the Hudson Terrace 100% Affordable Housing
(HT/AH) Zone, which shall be applied, as shown on the attached map
as Attachment A,[1] in the following areas:
1.
Block 514, Lot 4 (4 Clendinen Place) & Lot 5 (474 Hudson Terrace)
and Block 513, Lot 7 (476 Hudson Terrace) and a portion of the Clendinen
Place right-of-way to be vacated, (hereinafter Municipal Site A) and
2.
Block 513, Lot 5, with a street address of 488 Hudson Terrace, which
is currently partially developed with the Borough's community center
and emergency squad facility (hereinafter Municipal Site B or the
"community center site"),
[1]
Attachment on file in the Borough offices.
d.
The Hudson Terrace 100% Affordable Housing (HT/AH) Zone district
shall permit a minimum of sixty (60) and a maximum of sixty-five (65)
affordable non-age-restricted rental units, all which shall be family
rental units except for up to five (5) special needs units, which
are credited by the bedroom.
e.
The income and bedroom distribution of the affordable units shall
comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1,
et seq. ("UHAC"), with the sole exception that thirteen percent (13%)
of the affordable units within each bedroom distribution shall be
very low income units for households earning thirty percent (30%)
or less of median income.
f.
AVERAGE FINISHED GRADE
BUILDING COVERAGE
BUILDING HEIGHT, ACCESSORY BUILDING OR STRUCTURE
BUILDING HEIGHT, MULTI-FAMILY DWELLING
DWELLING, MULTI-FAMILY
ELEVATION ABOVE MEAN SEA LEVEL
STORY
Definitions. The following terms, as used in this ordinance, shall
have the following meanings:
Shall mean the average finished grade of a building or structure
measured at intervals of ten (10) feet along each exterior wall of
the building or structure, i.e., the sum of the results of such finished
grade measurements, divided by the number of such measurements.
Shall mean that portion of a lot covered by the largest floor
area of all structures, both principal and accessory.
Shall mean the measurement from the Average Finished Grade
to the midpoint of the roof for pitched roofs and the highest point
of the roof deck for flat roofs, for any accessory buildings or structures.
Shall mean the measurement of the vertical distance from
the Average Finished Grade to the highest point of the roof deck which
intersects the building's exterior walls.
Shall mean a building containing three (3) or more dwelling
units, including units that are located one over another, where entranceways,
hallways, basements, attics, storage areas, heating systems, yards
and similar services in the building may be individual, shared in
common, or in combination.
Shall be defined as a measure of the vertical distance of
a location in reference to the mean sea level (MSL) based on the National
Geodetic Vertical Datum of 1929 (see the NOAA, National Geodetic Survey
website: https://www.ngs.noaa.gov/datums/vertical/national-geodetic-vertical-datum-1929.shtml)
Shall mean the portion of a building included between the
surface of any floor and the surface of the next floor above it, or
if there is no floor above it, then the space between the floor and
the ceiling or roof next above it.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
a.
Principal uses. The following uses shall be permitted on any property
within the Hudson Terrace 100% Affordable Housing (HT/AH) Zone.
1.
Multi-family affordable housing residential dwellings.
b.
Accessory uses and structures. The following accessary uses and structures
shall be permitted:
1.
Amenities ancillary to multi-family residential developments, such
as lobbies, fitness centers, storage areas for the residents of the
multi-family buildings, and common area meeting rooms for the residents
of the building.
2.
Active and passive outdoor recreation areas.
3.
Common indoor open space areas.
4.
Parking spaces, driveways, structured multi-level parking garages
provided that any structured parking is enclosed with the same building
materials and finishes used for the main portion of the residential
building.
5.
Refuse and recycling building and/or structure.
6.
Roof decks including furnishings, screening, landscaping shade structures
and facilities.
7.
Any use or structure that is customarily incidental and subordinate
to the principal use of land or building located on the same lot.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
a.
Minimum gross lot area: 1.0 acre.
b.
Maximum Density.
1.
Residential Uses. A minimum of sixty (60) and a maximum of sixty-five
(65) affordable non-age-restricted rental units, all of which shall
be family rental units, except for up to five special needs units,
which are credited by bedroom. The total permitted density may be
constructed on Site A, Site B or a combination of Site A & Site
B.
c.
Minimum lot width: 100 feet.
d.
Minimum lot frontage: 100 feet.
e.
Maximum Height.
1.
Principal Buildings. The maximum building height shall be the lower
elevation of four (4) Stories and forty-eight (48) feet above average
finished grade, or 400 feet elevation above mean sea level including
a parapet.
2.
Parapets. Parapets shall measure a maximum of four (4) feet above
a roof level and shall be set back a minimum of 4 feet from the roof's
edge.
3.
Accessory Buildings. No accessory building or accessory structure
shall exceed one (1) story and twelve (12) feet in height.
4.
Rooftop Appurtenances.
(a)
Rooftop equipment and appurtenances, including elevators, elevator
overrides, air conditioning equipment, egress stair towers and similar
structures ("Rooftop Appurtenances"), shall be permitted to exceed
the maximum building height permitted herein subject to the following
requirements.
(b)
Rooftop Appurtenances shall not occupy more than 20% of the
total area of the roof level. No more than 5% of the total roof area
may be occupied by equipment or structures measuring up to 10 feet
in height and the remaining 15% of the total roof area may be occupied
by equipment or structures measuring up to 5 feet in height.
(c)
All Rooftop Appurtenances not otherwise shielded by a parapet
shall be screened or otherwise visually mitigated such that they are
not visible from eye-level of a person standing on adjacent public
streets.
f.
Maximum impervious coverage: Eighty-five (85%) of total lot area.
g.
Maximum building coverage: Seventy-five (75%) of total lot area.
h.
Minimum Principal and Accessory building setbacks.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
a.
Minimum gross lot area: 0.25 acre.
b.
Maximum Density.
1.
A minimum of sixty (60) and a maximum of sixty-five (65) affordable
non-age-restricted rental units, all of which shall be family rental
units, except for up to five (5) special needs units, which are credited
by bedroom. The total permitted density may be constructed on Site
A, Site B or a combination of Site A & Site B.
c.
Minimum lot width: 75 feet.
d.
Minimum lot frontage: 100 feet.
e.
Maximum Height.
1.
Principal Buildings. The maximum building height shall be the lower
elevation of three (3) Stories and thirty-six (36) feet above average
finished grade, or 400 feet elevation above mean sea level.
2.
Parapets shall measure a maximum of four (4) feet above a roof level
and shall be set a minimum of four feet from the roof edge.
3.
Accessory Buildings. No accessory building or accessory structure
shall exceed one (1) story and twelve (12) feet in height.
4.
Rooftop Appurtenances. Same as Site A.
f.
Maximum impervious coverage: 85%.
g.
Maximum building coverage: 75%.
i.
The preceding area, yard and bulk standards for both Site A and Site
B shall apply to the Hudson Terrace 100% Affordable Housing (HT/AH)
Zone. All other provisions and standards of the Borough of Englewood
Cliffs Code shall apply to any development in the Hudson Terrace 100%
Affordable Housing (HT/AH) Zone, unless the provision or standard
is in conflict with the provisions or standards herein, in which case
the provisions and standards herein shall apply.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
a.
Affordable units provided shall conform to the requirements of the
New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA");
applicable regulations of the New Jersey Council on Affordable Housing
("COAH"); applicable requirements of the Courts of the State of New
Jersey; and the regulations of the New Jersey Housing and Mortgage
Finance Agency ("NJHMFA") including the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC") with the exception that
in lieu of 10% of affordable units in rental projects being required
to be affordable to households earning at or below 35% of the regional
median household income by household size (N.J.A.C. 5:80-26.3(d),
13% of all affordable units in either for-sale or rental projects
shall be required to be affordable to households earning at or below
30% of the regional median household income by household size ("Very
low income"), in conformance with N.J.S.A.52:27D-329.1 (L.2008, c.46,
s.7) and all other applicable law. All new construction units shall
be adaptable in conformance with P.L.2005, c.350/N.J.S.A. 52:27D-311a
and -311b and all other applicable law. If the required number of
affordable units is an odd number, the additional unit must be a low-income
unit. Example: the developer must construct 7 affordable units: 4
must be low-income units and 3 must be moderate-income units subject
to the limitations set forth herein.
b.
All affordable units shall comply with the Borough's pending Affordable
Housing Ordinance to be approved by the Court.
c.
All units shall include the required bedroom distribution, be governed
by controls on affordability and affirmatively marketed in conformance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1,
et seq., or any successor regulation, with the exception that in lieu
of ten percent (10%) of affordable units in rental projects being
required to be at thirty-five percent (35%) of median income, thirteen
percent (13%) of affordable units within each bedroom distribution
in rental projects shall be required to be reserved for very low income
households earning less than thirty percent (30%) of area median income,
and in conformance with all other applicable law. The Borough, as
part of its HEFSP, shall adopt and/or update appropriate implementing
ordinances in conformance with standard ordinances and guidelines
developed by COAH to ensure that this provision is satisfied. Limits
for all units that are part of the Plan required by this Agreement
and for which income limits are not already established through a
federal program exempted from the Uniform Housing Affordability Controls
pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Borough annually
within 30 days of the publication of determinations of median income
by HUD as follows.
d.
All affordable units (non-LIHTC units) will be subject to affordability
controls of at least 30 years and affordable deed restrictions as
provided for by UHAC, and the affordability controls shall remain
until the Borough, in its sole discretion, takes action to release
the unit from such requirements pursuant to the requirements of N.J.A.C.
5:80-26.1. Restricted rental units created as part of developments
receiving Low Income Housing Tax Credits must comply with a control
period of not less than a 30-year compliance period plus a 15-year
extended use period.
e.
The Borough may count the Affordable Units against its affordable
housing obligation. The deed restrictions shall be recorded with the
County Clerk, and a copy of the recorded deed shall be forwarded to
the Borough Municipal Housing Liaison and Administrative Agent. Any
sale of the property or units shall not affect the length or terms
of the deed restriction.
f.
The bedroom distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3.
The Borough is aware that HMFA's current LIHTC Qualified Allocation
Plan ("QAP") requires a higher percentage (25%) of three-bedroom affordable
units than required under UHAC requirements (20%) and the Borough
will support such QAP standards in order to enable the developer to
prepare an application that will score a perfect score in the family
funding cycle.
g.
The income distribution of the affordable units shall be in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3,
and shall also provide for a 13% set-aside of very-low income units
as part of the income distribution.
h.
The developer of any affordable units shall be responsible for retaining
a qualified Administrative Agent at the developer's sole expense acceptable
to the Borough or utilizing the Administrative Agent appointed by
the Borough.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
d.
Parking is prohibited in the front yard of New Street, Hudson Terrace
and Kahn Terrace.
e.
Off-street parking may be located in surface parking areas and/or
within a building as established herein.
f.
Tandem spaces (where one parking space is located directly behind
or in front of another parking space) where each space comprising
the tandem is to be designated for use by a single unit, each space
comprising the tandem shall be counted as a separate and distinct
space with each being credited towards compliance with the RSIS parking
requirement.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
a.
A landscape plan prepared by a landscape architect licensed in the
State of New Jersey shall be submitted and shall include details for
all decorative features. The plan shall identify existing and proposed
trees, shrubs, ground cover, and other landscaping elements. When
existing natural growth is proposed to remain, the applicant shall
include in the plans the proposed methods to protect existing trees
and growth during and after construction.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
a.
Rooftop equipment including elevators, elevator overrides, air conditioning
equipment, egress stair towers, and similar structures and appurtenances
shall be permitted subject to the following requirements:
1.
Rooftop equipment shall be permitted to exceed the maximum building
height permitted herein provided that such equipment or structures
do not occupy more than 25% of the total area of the roof level.
2.
All rooftop equipment and appurtenances not otherwise shielded by
a parapet shall otherwise screened such that they are not visible
from eye-level of a person standing on adjacent public streets.
3.
In addition to the above, furnishings, facilities and structures
utilized as a part of a rooftop deck are not subject to the area or
height limitations of these Zoning Standards.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-17.]
a.
Adequate facilities shall be provided for the handling of garbage,
recycling, and other refuse by providing and maintaining a screened
enclosure, a separate building, or an interior area within the multi-family
dwelling where all trash and refuse containers shall be stored while
awaiting pickup.
b.
A refuse and recycling building that is appropriately sized for the
development shall be provided at a minimum of 5 square feet for unit.
[Ord. #9306, A VI; Ord. #9608, § 4; Ord. #9703;
Ord. #9717; Ord. #9905; Ord. #2008-07; Ord. #2012-20, § 3.
Pursuant to a settlement agreement entered into between the Borough
and the Fair Share Housing Center dated October 8, 2020 and conditioned
upon approval from the Superior Court of the State of New Jersey.
Borough document labeled Ord. No. 20-21, amends Table 2.]
The schedule entitled "Schedule of Regulations" hereto attached
and made a part hereof and properly identified as part of this chapter
by the signature of the Mayor and Borough Clerk, is hereby adopted
and declared to be a part of this chapter, and may be amended in the
same manner as any other part of this chapter. The regulations listed
in said schedule for each district are hereby adopted and prescribed
for each district, and unless otherwise indicated, shall be deemed
to be the minimum requirements in every instance of their application.
Editor's Note: The Schedule of Regulations referred to herein is included as an attachment to this chapter.
[Ord. #9306, A VI]
a.
Elevators, bulkheads, water tanks, air conditioning equipment and
similar structures and appurtenances may be erected on a building
to a height greater than the limit for the district in which the building
is located; provided that such structures and appurtenances are screened
on all sides; and provided further that no such exception shall cover
at any level more than 25% of the area of the roof on which it is
located; and provided further that no such exception shall be used
for occupancy of any kind.
b.
The height limitations of this chapter shall not apply to chimneys,
church spires, belfries or standpipes. Flag poles shall be limited
to the height of the building.
c.
Satellite dish antennas may be installed on the roof if the installation
complies with the regulations contained in Ordinance No. 8305.
[Ord. #9306, A VI; Ord. #2008-07; Ord. No.
2012-04]
a.
Extensions of a structure into a required front, side or rear yard
shall be permitted as follows:
1.
By cornices, canopies, eaves and similar extensions which are 10
feet or more above grade: two feet. Also controlled by subsection
30-7.9 as applicable.
b.
Stationary Generators.
1.
All stationary generators within the residential zones of the Borough
of Englewood Cliffs are hereby permitted and they are required to
be located within the front, side or rear yard.
2.
The size of the stationary generator may not exceed 10 square feet
and would be required to be located no more than three feet from the
residential dwelling and be a minimum of five feet from any operable
window or door.
3.
The stationary generator must be maintained in good working order
consistent with manufacturer specifications, may only be powered by
natural gas or propane, and shall not exceed a noise level of 85 dBA.
4.
All stationary generators placed in the front yard shall be screened
so as to not be visible from the street.
[Ord. #9306, A VII; Ord. #2001-13]
Any use not listed as a regularly permitted use or as a conditional
use is specifically prohibited. For further clarification the following
prohibitions are specifically noted.
a.
Within any district, no building, structure or area shall be used
in whole or in part for any business purpose which shall in any way
affect adversely the public health, safety and welfare, nor shall
any such building, structure or area or the use thereof, interfere
with the comprehensive plan of this zoning chapter as set forth herein
and as supplemented by the official map, the master plan, and any
other ordinance pertinent hereto.
b.
No space in a building or structure on the same floor with, behind,
below or above where a business is conducted shall be used for dwelling
or residential purposes.
c.
No building or structure shall be used in whole or part for a motor
court, hotel, motel, tourist cabin, tourist camp, or use of similar
nature.
d.
No space or area shall be used as a trailer camp, trailer court,
or use of similar nature.
e.
No building or structure shall be used in whole or part for that
use commonly known as "road stand," or use of similar or like nature,
where the sale of food, refreshments, kindred and miscellaneous items
are sold and not consumed indoors and within the confines of the main
building or structure.
f.
No other building or premises used for any trade, industry, or purpose
that is noxious or offensive by reason of emission of odors, dust,
smoke, gas or noise or is dangerous to the public health or safety
of the Borough.
g.
Uses specifically prohibited in any zone are:
1.
Poultry farms, rabbit, mink raising or any animal of similar nature;
stock yards; cemeteries, mausoleums; crematories; landing fields for
any aircraft whatsoever; miniature golf course, driving range; pony
tracks or other outdoor places of amusement; junk yards; open air
car lots; second hand material establishments; surplus materials or
any other business using the outdoors for display or storage purposes;
outdoor storage of contractor's equipment; stone or monumental works;
quarries or pits; glass furnaces and coke ovens; lumber yards or masonry
material yards; drive-in theaters; open air food markets.
2.
Manufacture of nitroglycerine, gun cotton, gun powder, dynamite or
other high explosive; fertilizer, acetylene, gas, ammonia, chlorine
or bleaching powder; asphalt, brick or tile and masonry block; carbon,
lamp black, shoe blacking or stove polish; celluloid or other cellulose
products; creosol; fireworks or matches; enamel, printing ink, pyroxine,
plastic or articles therefrom; rubber from crude or scrap material;
sauerkraut; soap, soda and washing compounds; sulphurous, nitric or
hydrochloric acids; tallow, grease, lard or candles; tar and dyes;
vinegar; yeast.
3.
Refining of crude oil or petroleum.
4.
Operation of blast furnaces.
5.
The making of boilers, pipes, metal forms, locomotives, or railway
cars; and shops operating reciprocating riveting hammers or chisels.
6.
Operation of coke ovens.
7.
Distillation of coal, wood or bones.
8.
Rendering of fats.
9.
Incineration, reduction or dumping of offal, garbage or refuse except
as maintained and operated by the Borough for municipal purposes.
10.
No building or structure shall be erected, constructed, used, permitted
or allowed in any business zone where the principal purpose of such
business or use is the washing of automobiles, trucks or vehicles
of a similar nature.
11.
Professional or commercial offices in a residence are not permitted
in any zoning district.
h.
No swimming pool of any kind or nature shall be erected, constructed,
used, permitted or allowed in any business zone.
i.
No space outside the confines of a building shall be used for sales
or storage of materials, equipment, merchandise, etc. in any business
zone. No outdoor business of any kind or nature shall be permitted.
j.
In any residence zone, there shall be no storage or overnight parking
of commercial vehicles.
k.
Massage Parlors.
1.
Within
any district, no building, structure or area shall be used in whole
or in part as a massage parlor.
2.
Massage parlor shall be defined as the following: Any premises which
are used, in whole or in part, to administer acupressure, massage,
bodywork or somatic therapy, or involving the act of holding, touching,
positioning, mobilizing, applying friction or pressure manually and/or
by mechanical or vibratory apparatus to body tissues, including, but
not limited to, employing the procedures of acupressure, reflexology,
moving, stroking, pounding, rubbing, manipulating, kneading and/or
tapping or the use of oil rubs, heat lamps, salt flows, hot or cold
packs, vibration, percussion, medical gymnastics, helio-therapy, hydro-therapy,
external application of topical preparations or rub, shower or cabinet
baths, but excluding the practice of medicine, physical therapy or
chiropractic by an osteopath, medical doctor, physical therapist or
chiropractor, licensed to practice in the State of New Jersey.
[Ord. #9608, §§ 5, 6; Ord. #2008-07]
a.
Yard Requirements for Accessory Buildings.
1.
In any residential district, no accessory building permitted by this
chapter shall exceed the aggregate ground area of 15% of the required
rear yard.
2.
In a business or institutional zone the aggregate area covered by
accessory buildings shall not exceed 25% of the required rear yard.
3.
No accessory building shall be less than 10 feet from the rear of
the principal building in a residential zone.
4.
No accessory building shall be located in the front yard.
5.
No accessory building shall be constructed for parking garages in
the B-1, B-2, B-3 and B-4 zones.
6.
Minimum side and rear yard requirements shall be as follows:
|
Zone
|
Side Yard
|
Rear Yard
|
|---|---|---|
|
R-A
|
5 feet
|
5 feet
|
|
R-B
|
3 feet
|
3 feet
|
|
R-B1
|
3 feet
|
3 feet
|
|
R-C
|
5 feet
|
5 feet
|
|
B-1
|
10 feet
|
20 feet
|
|
B-2
|
30 feet
|
*
|
|
B-3
|
10 feet
|
*
|
|
B-4
|
10 feet
|
20 feet
|
|
I
|
30 feet
|
30 feet
|
|
*
|
Same as Buffer Requirements, subsection 30-7.10.
|
b.
Accessory buildings attached to the principal building shall be considered
part of the principal building.
c.
Height requirements for accessory buildings.
|
Residential Zones (R-A, R-B, R-B1, R-C)
|
1 story; 14 feet
|
|
Business Zones (B-1, B-2, B-3, B-4)
|
1 story; 14 feet
|
|
Institutional
|
2 stories; 22 feet
|
d.
No portion of an accessory building shall be used for living quarters.
e.
Permanent barbeque pit or structure shall only be permitted within
10 feet of the principal building.
[Ord. #9306, A VII]
a.
No part of any gas station shall be used for dwelling purposes.
b.
No part of any building shall be used as a gas station and no gas
pumps, car lifts or other service appliance used to serve or supply
motor vehicles shall be erected within 20 feet of any residential
boundary line.
c.
No fuel or oil pump, no oiling or greasing mechanism and no other
service appliance installed in connection with any gas station property
shall be within 10 feet of any property lines.
[Ord. #9306, A VII]
The requirements of this chapter respecting yards and courts
shall not apply to any accessory retaining walls, steps or fences
which are less than six feet in height. Fences shall not exceed six
feet in height. The type of fence shall be determined by the Planning
Board in conjunction with site plan approval.
[Ord. No. 8102; Ord. #9306,
A VII]
Signs in all zones shall be controlled by the Englewood Cliffs
Sign Ordinance.
[Ord. #9306, A VII]
Recreational uses as conducted in and identified with Little
League baseball, tennis courts, outdoor swimming pools, shuffleboard
and other allied recreational facilities shall be permitted on Borough-owned
land at places now marked and designated as park and playground areas
on the official map of the Borough provided the facilities are used
and conducted on a nonprofit basis in accordance with this chapter
and other applicable laws, rules and regulations and provided further
that prior approval of any such facilities granted by the Mayor and
Council in accordance with the terms and conditions which may be imposed
by said Mayor and Council.
[Ord. #9306, A VII; Ord. #9608, § 7]
a.
Building with crawl spaces or built on ground shall be in accordance
with the provisions as prescribed in the building code.
b.
In all dwelling zones specified above, facilities for off-street
parking or garages for no less than three vehicles shall be provided
for:
c.
Flat roofs in any dwelling zones are not permitted over the main
portion of the roof structure; additions or extensions having flat
roofs are permitted if the roof area of same does not exceed 40% of
the entire area of the building. The standard to be used to determine
a flat roof shall be a slope of 3 1/2 inches per foot; anything
less shall be considered a flat roof.
d.
In residential zones specified above no fences shall be constructed
or placed in front yards. No hedges, shrubs or evergreens, etc., shall
be greater than three feet in height within 10 feet of the front property
lines; nor shall any hedges, shrubs, evergreens, etc., which exceed
three feet in height, be placed on a corner lot within 10 feet of
any property lines which shall abut a street or highway.
e.
In the zones specified above, none of the following shall be permitted:
poultry and rabbits; riding academies; private stables for housing
animals; cemeteries; mausoleums; crematories; veterinarians; housing
or boarding animals for profit.
f.
No outdoor parking of commercial vehicles shall be permitted in these
zones.
g.
Furnished rooms, lodging houses or boarding houses shall not be permitted
in any residential zones.
[Ord. #9306, A VII]
a.
Definitions. As used in this subsection:
1.
BOARD OF HEALTH – Shall mean and include the health officer
or other duly authorized representative thereof, except in such case
when the board is referred to in a manner that contemplates action
by it as a body.
2.
BOROUGH OF ENGLEWOOD CLIFFS – Shall mean construction official
or other duly authorized representative thereof, except in such case
when the Borough is referred to in a manner that contemplates action
by it as a body.
3.
CONSTRUCTION – Shall mean and include the building or constructing
or installation of a new swimming pool or enlarging an existing swimming
pool or any of the facilities.
4.
PORTABLE POOL – Shall mean any above-surface type of swimming,
bathing or wading pool and all equipment and appurtenances thereto,
not designed or intended to be stationary or permanently fixed, but
designed and intended to be removed and stored.
5.
SWIMMING POOL – Shall mean any private pool whether permanently
constructed or of the portable type, having a depth of more than 18
inches below the level of the surrounding land or any above-surface
pool having a depth of more than 30 inches, designed, used and maintained
for swimming or bathing purposes by an individual for use of the members
of the household and guests and located on the applicant's land as
an accessory use to a residence, and shall include all buildings,
equipment, structures and appurtenances thereto.
6.
WADING POOL – Shall mean and include any shallow pool not included
under the foregoing paragraph a5.
b.
Scope and Application. Any permanent type swimming pool constructed
prior to May 11, 1967 shall not be subject to the requirements set
forth in this subsection pertaining to distance of pool from boundary
lines, etc. unless an enlargement of facilities is sought and the
provisions of this subsection shall not pertain to wading pools or
portable pools unless specific reference is made in any section herein
to any such type of pool.
c.
Permit.
1.
It shall be unlawful for any person to alter, construct, or install
a swimming pool in the Borough without first having complied with
the provisions of this section or obtained a permit therefor in the
manner hereinafter provided.
2.
Applications for such permit shall be made to the Construction Official
and shall be accompanied by duplicate sets of the following:
(a)
Plans and specifications or proper description brochures.
(b)
Plot plans showing property lines of the premises upon which
the swimming pool is to be constructed or installed, all existing
houses and structures thereon abutting streets and properties and
the location and dimensions of the proposed pool and its auxiliary
structures including a description of the enclosure or fence to be
used.
3.
A fee of $10 for the first $2,000 or fraction thereof, plus $2 for
each additional $1,000 or fraction thereof, of the estimated cost
of construction shall be charged by the Construction Official for
such permit and shall be tendered with the application to the Construction
Official.
4.
The Construction Official shall, within 15 days after receiving an
application for a permit, act upon same relying on the standards set
forth in this Zoning Chapter and the Building Code of the Borough.
d.
Location. All swimming pools and wading pools of permanent or stationary
type of construction, shall not be constructed, installed, located,
maintained or operated within five feet of any property boundary line
of any dwelling located on the premises, nor nearer to any street
line than 25 feet.
e.
Regulations Concerning Health, Safety and Welfare.
1.
Every swimming pool having a depth of 18 inches below the level of
the land surrounding the pool, and above-surface pools having a depth
of 30 inches or more, and in the case of portable pools, having a
height of less than four feet, shall be completely surrounded by a
fence or wall of substantial construction, not less than four feet
in height, which shall be constructed so as not to have openings,
holes, or gaps larger than two inches to dimension, except for doors
and gates.
2.
The fence or wall enclosures shall be so designed and constructed
as to reasonably prevent any person from gaining access beneath, through
or over the same and shall be provided with one or more substantial
gates or doors the same height as the fence or wall enclosure, each
gate or door to be equipped with a self-closing and self-latching
device capable of keeping said gate or door securely closed.
3.
It shall be deemed that there is sufficient compliance with this
subsection when the yard in which a pool is located is completely
enclosed by a fence and gate of the type above mentioned.
4.
Any ordinance requiring the obtaining of a permit for the erection
of a fence shall not apply to fences erected pursuant to the provisions
of this subsection except in such case where a fence is erected along
a property line.
5.
Any access ladder or steps used in connection with the above-surface
type pool or portable pool shall be removed from the pool when the
same is not in use, unless the same is enclosed by a fence.
6.
Lights used to illuminate any pool shall be so arranged and shaded
as to reflect light away from the adjoining premises.
7.
Notwithstanding paragraph d of this subsection, no pool (swimming,
portable or wading) shall be located in the front yard of homes or
in the driveways thereof.
f.
Review by Borough Engineer and Performance Bond. Every application
for construction of or renovation to a swimming pool, as hereinabove
defined, shall be reviewed by the Borough Engineer to insure appropriate
grading and drainage.
For this purpose, each application shall be accompanied (in
addition to all other fees stated within this chapter) by a deposit
of $1,000 to be held by the Borough as an escrow account from which
engineering fees and legal fees may be drawn.
In the event that further or more specific plans or details
are required by the Borough Engineer the Borough may require the posting
of additional fees by the applicant.
The Engineer shall certify, in writing, any and all findings
regarding the proposed construction and shall be authorized to issue
conditional approval of any application. The Borough Engineer shall,
as part of his investigation, inspect the subject site and make engineering
studies, if necessary, regarding:
1.
Soil erosion by water and wind as a result of proposed construction;
2.
Surface and subsurface water drainage as a result of proposed construction;
3.
Public health and safety;
4.
The effect of flooding upon the premises and upon neighboring premises;
5.
Such other factors as may bear upon or relate to the coordinated
adjusted physical development of the Borough.
|
The Construction Code Official, shall, upon the granting of
approval for construction of a swimming pool as hereinbefore stated,
require the applicant and its contractor to post a joint performance
bond in an amount not less than $10,000 as a condition to obtainment
of a building permit. Said performance bond shall be in form approved
by the Borough Attorney and with surety acceptable to the Borough,
in an amount to be determined by the Borough Engineer in accordance
with the provisions of N.J.S.A. 40:55D-53(c).
|
|
The performance bond shall be released after certification by
the Borough Engineer that the construction has been accomplished in
accordance with the terms and conditions of the approval.
|
[Ord. #9306, A VII]
a.
Scope and Application. Any porch, deck or raised platform constructed
prior to April 6, 1976 shall not be subject to the requirements set
forth in this subsection pertaining to the distance of the porch,
deck or raised platform from the rear lot line unless an enlargement
or alteration is sought.
b.
Permit.
1.
It shall be unlawful to alter or construct a porch, deck or raised
platform in the Borough without first having complied with the provisions
of this subsection, and having obtained a permit therefor in the manner
hereinafter provided.
2.
Application for such permit shall be considered to be contained within
the permit for the entire dwelling if the porch, deck or raised platform
is constructed or altered as a part of and at the same time as the
main body of the dwelling.
3.
Separate application shall be made if the porch, deck or raised platform
is proposed to be erected after the original building permit has been
issued.
4.
Applications for such a permit shall be made to the Construction
Official and shall be accompanied by duplicate sets of the following:
(a)
Plans and specifications setting forth the dimensions, elevations
and materials to be used.
(b)
Plot plans showing property lines of the premises upon which
the porch, deck or raised platform is to be constructed or altered,
the main body of the dwelling from which the porch, deck or raised
platform is to extend.
5.
A fee as has been previously established shall be charged by the
Construction Official for such permit and shall be tendered with the
application to the Construction Official.
6.
The Construction Official shall, within 15 days after receiving an
application for a permit, act upon same, relying on the standards
set forth in this subsection and the Zoning Chapter and Building Code
of the Borough.
c.
Construction, Location and Use.
1.
It shall be the intent of this subsection to apply to a porch, deck
or raised platform used for residential purposes ancillary to normal
residential use.
2.
The porch, deck or raised platform shall be enclosed with an open
railing, for the purposes of safety, which shall offer no major impediment
to the passage of air or view.
3.
The porch, deck or raised platform shall be permitted to extend into
the rear yard open space as defined for zones R-A, R-B and R-B1, a
maximum distance of five feet. The furthest extension of steps or
sills shall be considered an integral part of the porch, deck or raised
platform and the maximum distance shall be measured thereto.
4.
The maximum elevation of the top of the horizontal surface forming
the porch, deck, or raised platform shall not exceed nine feet above
grade, measuring this elevation at the point at which the porch, deck
or raised platform joins the main body of the dwelling.
5.
It shall be unlawful to enclose the railings or any other part of
the porch, deck or raised platform with walls, screens or jalousies,
or construct a roof whether permanent or temporary in nature.
[Ord. #9306, A VII; Ord. #2002-16, S1; Ord. #2004-02; Ord.
#2007-19; Ord. #2007-26; Ord. No. 2012-20, § 4]
a.
Where a B-1 Zone adjoins a residential zone, a buffer area of 20
feet shall be maintained on the B-1 Zone lot.
b.
Residential lands which abut business zones are afforded buffers
which are to be located on the lots within the business zone. The
size of the buffer zone imposed upon the lands zoned for business
uses is based upon the location of residential land use.
Residential lots which abut lands which are zoned for business
uses in the B-1 Zone shall be afforded a buffer area of 20 feet which
shall be maintained on the B-1 Zone.
Residential lots south of Hollywood Avenue (or the former Hollywood
Avenue right-of-way) and north of Van Nostrand Avenue shall be afforded
a minimum fifty-foot buffer on any abutting lands zoned for business
uses (B-2) and a minimum 100-foot buffer on any abutting lands zoned
B-2A.
Residential lots north of Hollywood Avenue (or the former Hollywood
Avenue Right-of-Way) and south of Samford Drive shall be afforded
a 120-foot buffer on any adjoining lands zoned for business uses (B).
Residential lots north of Samford Drive and south of the municipality
boundary with Tenafly shall be afforded a 120-foot buffer on any adjoining
lands zoned for business uses (B).
Residential lots which abut lands zoned for business uses in
the B-3 Zone shall be afforded a buffer area of 20 feet which shall
be maintained on the B-3 Zone lot.
Residential lots which abut lands zoned for business uses in
the B-3 Zone and are parallel to Fifth Street between the Fort Lee
boundary and Bayview Avenue, east of Sylvan Avenue shall be afforded
a buffer of 25 feet which shall be maintained on the lots zoned for
business use.
Residential lots which abut lands zoned for business uses in
the B-4 Zone shall be afforded a buffer area of 20 feet which shall
be maintained on the lots zoned for business use.
Residential lots utilized for recreational purposes shall not
require buffering on the lands zone for business uses.
c.
Where a B-3 Zone adjoins a residential zone, a buffer area of 20
feet shall be maintained on the B-3 Zone lot. Except parallel to Fifth
Street between the Fort Lee boundary and Bayview Avenue, east of Sylvan
Avenue, a buffer of 25 feet shall be maintained on "B" Zone lots.
d.
Where a B-4 Zone adjoins a residential zone, a buffer area of 20
feet shall be maintained on the B-4 Zone lot.
e.
In the B-4 Zone there shall be no access roads leading into any residential
zones. All traffic shall flow onto New Jersey Highway 9-W, Hudson
Terrace or Palisade Avenue.
f.
In all zones having buffer requirements, there shall be no pedestrian
or vehicular access through the buffer to nearby residential streets.
g.
Landscaping. In the buffer areas the following plant material shall
be placed: In areas where land is still in its natural state in the
area to be buffered, the area shall be left in its natural state,
if possible. In addition, evergreen trees between 10 feet and 14 feet
in height shall be planted so as to provide a year-round visual screen
which shall be placed in an area of the buffer zone in a manner architecturally
suitable to accomplish said screening.
h.
The buffer zone may not be used for building or parking purposes
but same may be used for the purposes of installing underground utility
connections if the need arises.
i.
The area encompassed in the buffer zone may be utilized for the purpose
of computing coverage, rear yard or other bulk limitations referred
to in the Zoning Ordinance.
j.
Prohibited activities. No person shall undertake or cause to be undertaken
by others, any of the following acts:
1.
Cut, destroy, remove, or substantially injure any tree with or without
cause.
2.
Place or maintain upon the ground any substance which would impede
the free access of air and water to the roots of any tree.
3.
Apply any substance to any part of a tree, including roots, with
the intention to injure or destroy the tree.
l.
Maintenance of Buffer Zone.
1.
All buffer zones shall be maintained to provide continuous protection
for residents from viewing commercial property.
2.
It shall be kept free of debris, litter and unsightly overgrowth.
3.
In the event that a tree is cut, destroyed, removed or substantially
injured, it must be replaced.
4.
All fallen trees must be removed and replaced.
5.
In the event that a tree is diseased or dead and is removed from
the buffer zone, the tree must be replaced. The enforcing authority
or his designee must be notified prior to the removal of the tree.
6.
Within a buffer zone the enforcing officer for this subsection shall
be the Construction Official or his designee.
m.
Tree Replacement Plan.
1.
All replacement trees shall be twelve-foot to fourteen-foot evergreens.
They shall be planted during the earliest planting season after either
the removal of the tree, or after notification of a violation.
2.
Replacement trees shall be approved by the enforcing officer or his
designee prior to planting.
3.
After the replacement tree is planted, the enforcing officer or his
designee must be notified so that it may be inspected to determine
that it was properly planted.
n.
Penalties. Any person violating any provision of this subsection
shall be subject to a penalty not to exceed $5,000 for each and every
violation and/or imprisonment in the county jail for a period not
exceeding 90 days, at the discretion of the Magistrate of the Borough.
Every tree which has been removed in violation of any provision of
this subsection shall constitute a separate offense.
In the event that a person is found guilty of violating this
subsection, said person shall be required to replace the trees removed
with trees that meet the following guidelines.
o.
Height. Replacement trees shall be planted during the first planting
season after the removal of the trees in order to maintain the buffer.
All replacement trees shall be twelve-foot to fourteen-foot evergreens.
After the replacement tree is planted, the enforcing officer or his
designee, must be notified so that it may be inspected to determine
that it was properly planted.
Replacement trees shall be approved by the approving authority,
the enforcing officer or his designee.
[1]
Editor's Note: Former subsection 30-7.11, Satellite Antennas,
previously codified herein and containing portions of Ordinance No.
9306, was repealed in its entirety by Ordinance No. 9715. See Sections
30-8e2 and 30-20 for provisions for antennas.
[Ord. #9306, A VII]
In the B-2 Zone north of Sage Road and south from Sage Road to the southerly lot line of Lot 9 in Block 1201, the applicant, if required, shall enter into an agreement with the New Jersey Department of Transportation for the construction of a deceleration strip, providing for ingress to and egress from New Jersey State Highway 9-W and US Highway 1. A deceleration strip shall be constructed in accordance with the standards set forth by the New Jersey Department of Transportation and the standards set forth in Section 30-9 of this chapter.
[Ord. #9306, A VII]
Foundations and walls for any buildings in a Business Zone shall
be of brick, stone, concrete or cinderblock or other fireproof material
of a similar nature. All masonry walls are to be faced with brick,
stone or materials of a similar nature.
[Ord. #9306, A VII]
Grading and paving of all new sites (business) and subdivisions
shall meet zero runoff requirements in accordance with Bergen County
standards for on-site retention/detention systems.
Regrading or repaving of all existing parking lots not equipped
with such systems shall provide for on-site retention systems in accordance
with the Borough Engineer's standards and shall be subject to site
plan approval by the Planning Board.
[Ord. #9306, A VII]
All sites shall be graded in accordance with site plans and
subdivisions as approved by the Planning Board. Gravity (stone construction)
retaining walls shall not be greater than four feet in height. Walls
constructed of railroad ties shall not be greater than two feet in
height. Retaining walls greater than four feet in height shall be
of reinforced concrete and shall be designed by a professional engineer.
Wall plans, elevations and design computations shall be submitted
to the Planning Board's Engineer for approval. Shoulder areas behind
roadway curbs shall have a maximum slope of 5% from the top of curb.
Any project which involves the disturbance of more than 5,000 square
feet of ground is subject to soil erosion and sediment control plan
certification from the Bergen County Soil Conservation District. The
applicant shall include such a plan in its submission to the Planning
Board.
[Ord. #9306, A VII]
The purpose of the B-3 Special Retail Zone is the creation of
small boutique type retail establishments, specialty shops and limited
scale "professional offices" whose exterior resembles residential
type construction. The building exterior of the second floor shall
not exceed the exterior building limits of the first floor. Display
windows shall be in keeping with the residential style. Large storefront
windows and displays are not in keeping with the residential characteristics
of this zone and are to be restricted.
[Ord. #9306, A VII; Ord. #9608, § 8]
The following requirements for mandatory recycling are based
on Englewood Cliffs Ordinance No. 8721 as amended, and the New Jersey
Recycling Program, L.1987, Ch. 102 and the Clean Communities and Recycling
Act, 13:1E-92, et seq. The following materials are designated as recyclable
under the Englewood Cliffs Mandatory Program:
a.
Leaves;
b.
Newspapers;
c.
Glass;
d.
Aluminum;
e.
Non-ferrous metal scrap;
f.
Hi-grade office paper.
|
In connection with applications for subdivision or site plan
approval, the Planning Board of the Borough of Englewood Cliffs shall
review and approve a plan for the collection, disposition and recycling
of designated recyclable materials within any development proposal
for construction of 25 or more units of housing and any commercial
or industrial development proposal for the utilization of 1,000 square
feet of land.
|
|
The subdivisions or site plans shall show adequate areas for
the storage of recyclable materials prior to pick-up. Storage areas
shall be located so as to be easily accessible to homeowners and employees
and shall be screened with six-foot high solid fence with gate. The
storage area for recyclable materials shall be maintained in a clean
and orderly condition. Suitable containers for the five types of recyclable
material shall be provided.
|
|
The Planning Board shall require a report on each application
from the Recycling Coordinator prior to approving the plans.
|
[1]
Editor's Note: Former subsection 30-7.18, Supplemental Regulations
for the R-C Zone, previously codified herein and containing portions
of Ordinance No. 9608, was repealed in its entirety by Ordinance No.
9910.
[Ord. #9306, A VIII; Ord. #9715, §§ 2, 5;
Ord. #9801, § 1; Ord. #2006-26]
a.
General Requirements. The regulations of this section set forth the standards which shall be used by the Planning Board in reviewing applications for conditional uses. The uses to be considered conditional uses in each zoning district are set forth in Section 30-5. The standards for the conditional uses in each zoning district are set forth below. The procedures for review and approval of conditional uses by the Planning Board are set forth in the Procedures Ordinance of the Borough of Englewood Cliffs and in the Municipal Land Use Law (40:55D-1 et seq.), including requirements for public notice, notice to all property owners within 200 feet of the subject property and public hearing by the Planning Board.
All conditional uses shall require site plan approval by the Planning Board according to the procedures and standards set forth in Section 30-9.
The general standards for review of all conditional uses shall
be:
1.
That the Planning Board shall first determine that the proposed use
shall not be detrimental to the health, safety and general welfare
of the community;
2.
That the proposed use shall be reasonably necessary for the convenience
of the community;
3.
That the proposed use shall not create a fire, traffic or safety
hazard;
4.
That the proposed use or structure shall not have an adverse effect
on the neighborhood in which it is proposed;
6.
Where parking, loading or recreation areas adjoin a residential use
or residential zone, there shall be a ten-foot wide landscaped strip
adjoining the residential lot line, unless a wider buffer is specifically
required.
7.
The use shall provide safe and efficient vehicular and pedestrian
circulation with access and egress designed to eliminate any traffic
safety hazards entering and exiting the site; and so designed as not
to cause traffic congestion on abutting streets.
b.
Conditional Uses Permitted in B-2 District.
1.
Fraternal organizations.
|
Minimum lot size
|
20,000 square feet
|
|
Minimum lot width
|
100 feet
|
|
Minimum lot depth
|
100 feet
|
|
Minimum front yard
|
20% of lot depth
|
|
Minimum rear yard
|
20% of lot depth
|
|
Minimum side yard
|
20 feet each side
|
|
Maximum coverage
|
33 1/3%
|
|
Maximum building height
|
2 stories, 35 feet
|
|
Off-street parking
|
1 space for each 50 square feet available to patrons
|
|
In considering such uses, the Planning Board shall consider
the effect on adjacent uses in terms of vehicular and other activity,
that the proposed use shall be integrated with the surrounding area
and with the street pattern thereof.
|
2.
Private clubs with social and recreational facilities which are accessory
to a permitted use.
3.
Dwelling quarters for the use of a caretaker or watchman employed
on the premises in connection with the permitted use.
c.
Conditional Uses Permitted in the B-3 and B-4 Districts.
1.
Eating and drinking establishments.
|
Minimum lot size
|
10,000 square feet
|
|
Minimum lot width
|
100 feet
|
|
Minimum lot depth
|
100 feet
|
|
Front yard
|
20 feet
|
|
Rear yard
|
20% of lot depth
|
|
Side yard
|
15 feet
|
|
Maximum coverage
|
33 1/3%
|
|
Building height
|
2 stories, 30 feet
|
|
Off-street parking
|
1 space per 3 seats plus 1 space per each employee on the peak
shift
|
d.
Conditional Uses Permitted in the B-4 District. Banks with drive-in
facilities subject to the following conditions:
1.
Minimum lot area - 30,000 square feet.
2.
The site shall support a minimum of four stacking or queuing of at
least 20 feet in length for each drive-through lane.
3.
Each drive-through lane shall be a minimum width of 10 feet.
4.
A single lane of at least 10 feet in width shall be provided adjacent
to the outermost stacking or queuing lane to allow vehicles not entering
the stacking lane to circumvent it.
5.
The drive-through service window shall be provided no closer than
30 feet from the exiting street to provide sufficient sight lines.
6.
Drive-through lanes shall be set back no less than 20 feet from any
adjacent property used and/or zoned as a free-standing single-family
home.
7.
The drive-through lanes shall be concealed from any adjacent single-family
residential property by fencing or landscaping. If landscaped, the
criteria of Code subsection 30-7.10 shall apply, unless inconsistent
herewith, in which event these provisions shall apply.
e.
Conditional Uses Permitted in All Districts.
1.
Public utility installations - including but not limited to: electrical
power stations, telephone vaults, water towers and similar installations.
(a)
The proposed installations shall meet all the requirements of the
Board of Public Utilities.
(b)
The proposed installations shall harmonize with the character of
the neighborhood in which it is proposed and shall have adequate fencing,
safety devices, screening, landscaping, and front, rear and side setbacks
to protect adjoining properties.
(c)
Adequate off-street parking shall be provided to serve all employees
and service personnel visiting the installation.
(d)
Access and egress shall be designed so as not to produce a traffic
safety hazard and so as not to cause traffic congestion on the abutting
streets.
2.
Mobile Cellular Communications
Towers (Herein referred to as Towers).
(a)
Upon proper application and hearing, as herein provided, mobile cellular
communications towers shall be permitted as a conditional use in the
Borough of Englewood Cliffs provided that the following criteria have
been met:
(1)
An applicant for a permit to erect a mobile cellular communications
antenna shall establish by competent evidence that there exists a
need for such facility within the Borough and at the proposed location
for which the approval is sought. Such evidence shall include, but
not be limited to the following:
[a]
An identification of the cellular network layout and coverage
areas to be serviced by the proposed tower and an explanation as to
why existing facilities are inadequate to provide service.
[b]
Why the proposed site is suitable for such use. Evidence to
be presented on this issue shall include a radio frequency engineering
analysis of the potential suitability or nonsuitability of existing
buildings or structures for such commercial antenna, which engineering
analysis shall be subject to review by the Borough Planner and Borough
Engineer and any consultant called upon by the Planning Board to make
such a determination.
(2)
Provided that the above stated conditions have been met, a mobile
cellular communications antenna may be erected or affixed to an existing
building or structure as long as it meets the following requirements:
[a]
Any such tower or antenna attached or erected to an existing
building shall be considered a principal structure unless directly
related to the business of the owner or tenants of said building.
[b]
Any such tower or antenna shall not exceed above or beyond the
maximum allowable height of any such building or structure as established
in the borough zoning ordinance by more than 10 feet or 10% of the
maximum building height whichever number is lower in the district
for a principal use or structure pursuant to N.J.S.A. 40:55D-70(d)(6).
[c]
Any such antenna or tower shall be securely fixed to the building
or structure for which it proposed.
[d]
Any such mobile cellular communications tower or antenna shall
be suitably finished or painted in a manner so as to minimize any
obtrusive characteristics of their visual impact. When practicable,
the color of paint or finishing materials shall be consistent and
not contrasting with the color of materials of the building upon which
it is erected or affixed.
[e]
When one or more antennas are affixed to a roof on an existing
building, they shall not, in the aggregate exceed 5% of the square
footage of the roof top area.
[Ord. #9306, A IX]
No building permit shall be issued for any construction except
a single family detached dwelling until site plan approval has been
granted by the Planning Board, or, in the same case of a use variance,
by the Board of Adjustment, in accordance with the procedures set
forth in the Procedures Ordinance of the Borough of Englewood Cliffs.
Repaving of parking lots shall not require site plan approval
if there is no change in the parking lot layout, number of spaces,
parking space size or landscaping. Drainage concerns must be addressed
for area of a parking lot which is disturbed by repaving.
[Ord. #9306, A IX]
The construction official shall not issue a construction permit
or a certificate of occupancy, prior to Planning Board approval for
an existing building, at the time of adoption of this chapter, in
which interior renovations will affect net area parking requirements.
The Planning Board may waive any of the requirements of subsection
30-9.4 (Site Plan Data) of this section it considers not necessary
for review.
[Ord. #9306, A IX]
An application for site plan approval shall be filed with the
Secretary of the Planning Board not less than two weeks prior to the
meeting of the Planning Board at which said application is to be considered.
The applications shall be in triplicate and shall be accompanied by
six copies of the proposed site plan and one set of construction plans
of the building or structure proposed to be built on the lands for
which site plan approval is sought and the requisite fee.
The applicant for any such construction shall at least 10 days
prior to the meeting of the Planning Board submit to the Secretary
of the Board the site plans as hereinafter specified and shall notify
by certified mail, return receipt requested, at least 10 days prior
to the meeting of the Planning Board all property owners within 200
feet of the extreme limits of the site as their names appear on the
municipal tax record. The notices shall state the time and place of
hearing, a brief description of the proposed construction, reference
to variances sought, if any, and that a copy of the site plan has
been filed with the Borough Clerk for public inspection. The applicant
shall also cause a notice of the hearing to be published in the official
newspaper or a newspaper of general circulation in the Borough at
least 10 days prior to the hearing.
In any application under this section where approval of either
the Planning Board or Board of Adjustment is required for any site
plan application, such application shall contain as a prerequisite
of such approval proof that no taxes or assessments for local improvements
are due or delinquent on the property for which any site plan application
is made.
[Ord. #9306 A IX]
The proposed site plan shall conform to the following requirements
and contain the following information:
a.
The proposed site plan shall be drawn to a scale not less than one
inch equals 20 feet.
b.
There shall be a key map showing the location of the subject property
with reference to surrounding areas and existing street intersections.
c.
The proposed site plan shall show in scale the property lines of
the entire parcel of land for which site plan approval is sought and
indicate the dimensions of said property.
d.
The proposed site plan shall include the name of the applicant, the
date the proposed site plan was prepared, a north arrow, the scale
to which the proposed site plan is drawn, the name of the person who
prepared the site plan, the block and lot number of the lands for
which site plan approval is sought as shown on the most current tax
assessment maps of the Borough of Englewood Cliffs and the names of
all streets abutting such lot and block.
e.
The proposed site plan shall include the names of all owners of adjacent
property, together with block and lot numbers of such property.
f.
The site plan shall show the zoning district in which the parcel
is located together with zone boundaries within 100 feet therefrom.
g.
The location of all existing and proposed buildings and structures
on the lands for which site plan approval is sought together with
the distances of said buildings and structures from the property lines
of said lands and from each other.
h.
The right-of-way and pavement widths of all public streets upon which
the lands for which the site plan approval is sought fronts to a distance
of 100 feet beyond such lands. State highway and County road requirements
shall be adhered to in all cases.
i.
A statement by the owner of whether any property adjoining the lands
for which site plan approval is sought is or is not owned by said
owner.
j.
The locations and dimensions of all existing and proposed driveways,
curb cuts, private access roads, curbing, parking areas, parking stalls,
loading areas and loading bays, locations of all existing driveways
within 200 feet of the lot.
k.
The proposed landscaping, screening and exterior lighting; including
the location, number, size and type of existing landscaping and trees
to remain; the location, number, size and type of trees, shrubs and
landscaping to be installed; the locations, type, height, intensity
and illumination area of any lighting to be installed.
l.
Arrows which indicate the direction of traffic on all driveways,
interior drives and parking areas.
m.
Existing and proposed drainage facilities.
n.
Existing and proposed contour lines at two-foot intervals.
o.
The proposed use or uses of land and buildings together with floor
space of all buildings and the estimated number of employees. If the
precise use of the building is unknown at the time of application,
an amended plan showing the proposed use shall be required prior to
issuance of a certificate of occupancy.
p.
The site plan shall show the location and design of any off-street
parking areas or loading areas showing size and location of bays,
aisles and barriers.
q.
The site plan shall show the location and type of garbage and refuse
disposal facilities, including maneuvering areas.
r.
Where applicable, the site plan shall show the location and treatment
of open space.
s.
Existing and proposed elevation of buildings and curbs.
t.
The location of any dumpsters or any other garbage or trash receptacles
shall be clearly shown along with required fencing and screening.
u.
For proposals for the construction of 25 or more units of single-family
housing and any commercial or industrial development proposal of 1,000
square feet of land or more, the site plan shall show storage areas
for the required recyclable materials along with screening and description
of containers for recyclable material.
v.
Where applicable, the following information shall be provided:
1.
Number of employees;
2.
Narrative describing nature of operation or activities to occur on
the site;
3.
Narrative describing trucking on the site; number and size of trucks
used in applicant's operation; number, size and frequency of trucks
making deliveries; time of loading and unloading operations.
w.
Such other data or information that reasonably may be necessary for
the Planning Board to meet the objectives of site plan and subdivision
approval in acting on a particular application.
x.
Drawings submitted in support of an application for site plan approval
shall be signed and sealed by a licensed professional (architect,
engineer or planner).
When the application is approved and the drawings are signed
by the Chairman of the Planning Board, the applicant shall submit
the following for Planning Board use:
y.
At the completion of construction for all approved applications the
applicant shall submit to the Planning Board as-built drawings showing
all subsurface utilities and the layout of parking stalls; and the
location and elevation of all utilities. Locations shall be shown
by means of off-sets to roadway centerlines or baselines.
Dimensions on as-built drawings shall be shown for all parking
stalls and aisles. The drawings shall be certified by the Board Engineer.
Prior to the time the Construction Official issues a certificate of
occupancy, the Construction Official shall obtain from the Planning
Board Engineer certification that all of the requirements of granting
Planning Board approval have been satisfied.
z.
Such other data or information that reasonably may be necessary for
the Planning Board to meet the objectives of site plan approval in
acting on a particular application.
[Ord. #9306, A IX]
In considering a site plan, the Planning Board shall take into
consideration the public health, safety and general welfare, the comfort
and convenience of the public in general and residents of the immediate
neighborhood in particular and prior to approving such site plan shall
find that it meets all the requirements of this chapter. The Planning
Board shall also take into consideration the general purposes of this
chapter and the achievement of the following specific objectives.
a.
Maximum safety of traffic access and egress;
b.
Maximum safety of pedestrian and vehicular traffic on the site;
c.
The accomplishment of a site layout and overall appearance of all
buildings so that there will be no adverse effect upon the desirability
of adjacent zoning districts by impairing their established character.
[Ord. #9306, A IX]
The Planning Board in approving a site plan, may impose appropriate
conditions and safeguards with respect to, but not limited to, the
following:
a.
Traffic Access. That all proposed accessways to and from a public
street are adequate, but not excessive in number, adequate in width,
grade, alignment and visibility, not located too near to street intersections,
schools or places of public assembly and other similar considerations;
b.
Circulation and Parking. That the interior vehicular circulation
system is adequate and that adequate parking spaces are provided and
are easily accessible and that access and egress is designed to avoid
creating traffic or safety hazards on the abutting streets;
c.
Landscaping, Screening and Lighting. That parking, lighting and service
areas are reasonably screened from view of adjacent residential districts
and that buffer area requirements of this chapter are complied with;
d.
That adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants have been provided;
e.
That the layout or arrangement of buildings and parking areas is
consistent with the requirements of the Zoning Ordinance.
[Ord. #9306, A IX]
a.
Approval of a proposed site plan by the Planning Board shall be noted
by the signing of the same by the Chairman and Secretary of the Planning
Board.
b.
Two copies of an approved site plan shall be forwarded to the Construction
Official by the Secretary of the Planning Board. The Construction
Official shall enforce the requirements of the site plan and shall
not issue any certificate of occupancy until all of the requirements
of site plan approval have been met, except in accordance with the
procedure set forth below.
c.
In the event the Construction Official determines that any of the
requirements of the site plan approval cannot be met for a temporary
period of time by reason of weather, act of God or other cause not
created by the applicant, the Construction Official, upon the applicant
posting a performance bond secured by a surety company authorized
to do business in the State of New Jersey in an amount reasonably
estimated by the Construction Official to be the cost of completing
such requirements shall issue a temporary certificate of occupancy
for a period not to exceed one year. The said bond shall be conditioned
upon the applicant completing within a period of one year from the
date of issuance of a temporary certificate of occupancy all of the
site plan requirements then not complete. In the event that such requirements
are not completed within said one-year period of time, the Construction
Official shall revoke the temporary certificate of occupancy issued
and shall cause the said requirements to be completed at the sole
cost and expense of the applicant.
[Ord. #9306, A IX]
The effect of preliminary and final site plan approval and the
rights conferred upon the applicant shall be the same as those specified
in the Municipal Land Use Law, C.40:55D-49 and C.40:55D-52.
The Planning Board may require the submission of preliminary
architectural floor plans and elevations sufficient to determine floor
area, height, entrances and exits.
As a condition of issuing the certificate of occupancy under
site plan approval procedures, the certificate of occupancy shall
be based on continued maintenance and upkeep of landscaping and building
grounds as shown on the site plan.
[Ord. #9306, A IX]
Off-tract means not located on the property which is the subject
of a development application, nor on a contiguous portion of a street
or right-of-way.
In accordance with N.J.S.A. C40:55D-42 the Planning Board or
the Board of Adjustment may require off-tract improvements from a
developer. An off-tract improvement shall be one or more required
improvements which are necessary for the successful completion of
a development in the interest of furthering the public health, safety
and general welfare.
An off-tract improvement shall be required where either the
existing facilities serving the area or sub-area are already operating
at a deficient level of service, or the inclusion of the new development
will make such present level of service deficient according to engineering
standards utilized in determining the level of service.
The proportional contribution of any such off-tract improvement
to the applicant shall be reasonably related to the benefit or use
of the total area to be served.
Under the conditions of this section, off-tract improvements
shall be limited to new or improved sanitary sewerage disposal system;
storm water and drainage system and facilities and all necessary appurtenances
thereto; all public utilities, including required easements; new or
improved street and right-of-way widths; traffic regulation and control
devices; intersection improvements; public utility relocation; and
improvements required by solutions to traffic, circulation, and safety
factors which are related to the property or properties being developed.
[Ord. #9306, A X]
a.
The intent of these regulations is to insure that all uses and structures
have sufficient off-street parking and loading spaces to provide for
all vehicles attracted to those uses and structures in order to avoid
congestion of the public streets, to promote the safety and convenience
of motorists and pedestrians and to insure the continued efficient
operation of the uses established on the premises.
b.
No building or premises shall be built or erected, nor shall any
building be altered so as to expand its floor area, nor shall the
use of any building or premises be expanded unless there is provided
parking and loading space in accordance with the requirements of Schedule
B attached hereto.
c.
If a use is not listed in Schedule B then the number of required
off-street parking spaces becomes the number of spaces required for
the use which most nearly approximates the proposed use.
d.
Off-street parking spaces required herein shall be used solely for
the parking of passenger automobiles of visitors, patrons, occupants
or employees of the use for which required. In addition to these parking
spaces, there shall be a space for each truck, ambulance, hearse,
company car or other commercial vehicle regularly stored on the lot.
e.
All parking of motor vehicles shall be at grade level. Structural
parking garages, platforms and deck parking are prohibited. For the
purpose of this chapter, any combination of materials to form a construction
or uses so as to allow above grade parking shall be considered a structure,
and is prohibited.
Parking at ground level below office areas is permitted, and
shall not constitute a building story in determining number of stories
permitted.
f.
Parking areas under office areas shall be open on all sides where
practical at the discretion of the Planning Board.
g.
For all developments, the site in question shall be of adequate size
to contain all required parking space. Any combination of on-site
and off-site parking shall not be permitted.
h.
No property owner or lessee shall permit (by agreement in any form)
the premises to be used for off-street parking which is not directly
related to the building parking requirements of that site, without
Planning Board approval. If there are no buildings on a site or lot,
parking is prohibited unless there is approval by the Planning Board.
i.
There shall be no parking in the required front yard.
|
SCHEDULE B
OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
| |
|---|---|
|
1. Off-Street Parking Requirements.
| |
|
Type of Use
|
Parking Spaces Required
|
|
Dwelling
|
2 spaces per unit
|
|
Home for the Aged
|
1 space per 3 beds
|
|
Business and Professional Office
|
1 space/200 square feet of floor area
|
|
Medical and Dental Clinic
|
1 space/150 square feet of floor area
|
|
Bank and Savings Institution
|
1 space/200 square feet of floor area
|
|
Retail Store
|
1 space/200 square feet of floor area
|
|
Personal Service Establishment
|
1 space/300 square feet of floor area
|
|
Filling Station
|
1 space/each employee plus 1 for each service vehicle
|
|
Laboratory and Research
|
1 space/400 square feet of floor area
|
|
Restaurant
|
1 space/3 seats, plus 1 space for each employee
|
|
Veterinary Establishment
|
1 space/treatment room plus 1 space for each employee
|
|
Warehouse and Distribution
|
1 space/2 employees, but not less than 1 space/1000 square feet
of warehouse area
|
|
Municipal Offices
|
1 space/200 square feet of floor area
|
|
Exhibit Hall, Art Gallery and Community Center (except those
serving Senior Citizens)
|
1 space/200 square feet of floor area
|
|
Community Center Serving Senior Citizens
|
1 space/300 square feet of floor area
|
|
Club and Fraternal Organization
|
1 space/50 square feet available to patrons
|
|
House of Worship
|
1 space for every 4 seats
|
|
Meeting Room and Other Place of Public Assembly Without Fixed
Seating
|
1 space/50 square feet of assembly area
|
|
Public Elementary School
|
1 space/staff member
|
|
Business School
|
1 space/staff member plus 1 space for every 5 students
|
|
College and University
|
1 space/staff member plus 1 space for every 5 students not residing
on campus plus 1 space for every 10 students residing on campus
|
|
Uses not listed above
|
According to that category herein listed which most nearly approximates
the proposed use
|
|
More than 1 use on premises
|
The sum of the component requirements listed in this section
|
|
2. Off-Street Loading Requirements.
| |
|
General Requirement. Every building or structure, lot or land
hereafter put into use for business or commercial purposes and which
has an aggregate floor area of 7,500 square feet or more, devoted
to such use, shall be provided with off-street truck loading spaces
in accordance with the following schedule:
| |
|
Square Feet of Floor Space
|
Number of Loading Dock Spaces
|
|
7,500 to 25,000 square feet
|
1
|
|
25,001 to 40,000 square feet
|
2
|
|
40,001 to 100,000 square feet
|
3
|
|
Each additional 60,000 square feet
|
Add 1
|
[Ord. #9306, A X]
a.
Required parking spaces shall be computed on the basis of 171 square
feet per space. The dimensions of individual spaces shall be at least
nine feet by 19 feet. When the number of required spaces results in
a fraction, the fraction shall be rounded to the nearest whole number.
b.
For 90° angle parking, a sixty-three-foot module (length of parking
stall - 19 feet; aisle width - 25 feet) shall be required for visitor
parking. A sixty-foot module (length of parking stall - 19 feet; aisle
width - 22 feet shall be required for 90° angle parking for long-term
and employee parking.
c.
Off-street parking areas for more than five automobiles shall be
paved and lighted according to the specifications established for
this purpose by the Borough Engineer.
d.
All off-street parking spaces within any parking areas shall be clearly
marked to show the parking arrangement within said parking area.
e.
All lighting for off-street parking areas shall be so arranged and
shielded as to reflect the light downward and prevent any light from
shining directly on adjoining streets and residential zones and buildings.
f.
Off-street parking and loading spaces shall be provided in side and
rear yards only but not be located in any required front yard or in
any required buffer area.
g.
Off-street parking or loading spaces shall not be located within
five feet of any lot line. On corner lots, parking or loading shall
not be located within 10 feet of the property line or street right-of
way.
h.
In nonresidential zones, no parking shall be permitted in the 10
feet of depth next adjacent to any residential zone.
i.
The requirements as to parking and loading areas shall include adequate
means of ingress and egress.
j.
No access to a parking or loading area in a nonresidential district
shall be located within a residential district. No off-street parking
shall be permitted in any zone where the use which it serves is prohibited.
k.
There shall be no access leading from "B" Zone properties into residential
zones. All traffic from "B" Zone properties shall lead to U.S. 9-W,
Hudson Terrace or Palisade Avenue.
l.
Access to off-street parking areas shall be limited to several well-defined
locations. Each of said curb cuts shall not exceed 20 feet in width
in a residential district. In a nonresidential district, driveways
shall not exceed 30 feet with a sixty-foot curb cut maximum for any
permitted use. In no case shall there be permitted unrestricted access
along the length of the street or streets upon which the parking area
abuts.
m.
It shall be unlawful to park or to permit to remain on any residential
property in any zone, outside the garage or any other accessory building
on such residential property, for a period in excess of 24 hours,
any commercial vehicle, boat, trailer, boat trailer, snow plow or
motorized recreation vehicle.
n.
Where the nature of the building and establishment is of a kind where
attendant parking is appropriate and the owner or operator has established
that such facility is likely to continue and exist substantially unchanged
as it affects attendant parking for a period of 10 years, and the
owner or operator of the premises has made and will continue to make
provision for attendant parking during hours when 50% or more of the
spaces are in use, then attendant parking shall be permitted; provided,
that there shall be submitted at the time of site plan approval a
workable plan which includes sufficient number of stalls of standard
size to meet the parking standards contained herein, and in addition,
sufficient aisles and turnaround areas to enable attendants to maneuver
vehicles in and out of the area containing the necessary number of
stalls, without requiring the attendant to utilize streets, public
areas or sidewalks for maneuvering of vehicles, and so that the use
of the parking area will not be hazardous to the pedestrian utilizing
the adjoining walkways.
[Ord. #9306, A X]
a.
Required loading spaces shall be at least 12 feet wide and 30 feet
long or longer depending on the length of trucks or trailers to be
accommodated. They shall have a clearance height of at least 15 feet.
b.
No loading areas shall be located in the front yard.
c.
No loading areas shall be located within five feet of any lot line.
d.
All loading areas shall be paved and lighted according to the specifications
established for the purpose by the Borough Engineer.
 |
[Ord. #9306, A XI]
Any nonconforming use or structure existing at the time of adoption
of this chapter may be continued upon the lot or in the building so
occupied, and any such structure may be restored or repaired in the
event of partial destruction thereof.
Any existing building in Englewood Cliffs is permitted to be
rebuilt if the building is destroyed, demolished or damaged utilizing
the same portion of the premises, with the same square footage and
without the necessity of obtaining any variances.
[Ord. #9306, A XI]
Nothing in this chapter shall prevent the strengthening or restoring
to a safe or lawful condition any part of any building or structure
declared unsafe or unlawful by the Construction Official or other
duly authorized State or Borough Official.
[Ord. #9306, A XI]
No lot hereafter may be used and no building or part thereof,
hereafter may be erected, constructed, moved, extended, converted,
altered, maintained, or used except in conformity with the provisions
of this chapter.
[Ord. #9306, A XI]
If any nonconforming use (a) ceases for a continuous period
of one year or more, or (b) is changed to or replaced by a conforming
use, or (c) is moved for any distance for any reason, the land and
building theretofore devoted to such non-conforming use shall thereupon
be subject to all the regulations as to use for the district in which
such land and building are located, as if such nonconforming use had
never existed and shall be considered to have been abandoned.
[Ord. #9306, A XI]
If a nonconforming use is to be enlarged or extended, a "d"
variance must be obtained. This grant of enlargement is by no means
an automatic right. To quote the courts, "Where there is doubt as
to whether the enlargement is substantial, rather than insubstantial,
it is to be resolved against enlargement." General rules which should
be considered in judging on nonconforming uses:
a.
No enlargement or substantial change of a nonconforming use may be
made simply because the new use would be no more harmful than the
old use to the adjacent land owners.
b.
If the proposed modifications of the nonconforming use would tend
to minimize its discordant effect, be less harmful to the adjacent
properties, and tend to bring the use into closer conformity with
the Zoning Ordinance, it offers a "special reason" which favors granting
a variance.
[Ord. #9306, A XI]
Motor vehicle sales establishments, including sale or leasing
of new or used vehicles, is a prohibited use in every zone. Those
presently existing motor vehicle dealerships are nonconforming, and
shall be regulated as follows:
a.
There shall be no display of new or used vehicles in the front yard
of the premises in question.
b.
There shall be no storage, either by day or by night, in the front
yard of the premises of new vehicles, used vehicles, or vehicles in
the custody or possession of the occupant of the premises for the
purpose of servicing the same.
c.
No parking of motor vehicles shall be permitted in the front 60 feet
of any such premises, and the 60 feet shall be landscaped in a suitable
manner approved by the Shade Tree Commission of the Borough, and shall
be used for no purpose other than ingress and egress driveways, the
sole exception being vehicles parked where the owners or drivers thereof
are actually engaged in business at the premises at the time.
d.
Any property used for parking or storage of motor vehicles, where
not prohibited as aforesaid, is to be enclosed with a six-foot cedar
fence (or such type of fence as may be approved by the Planning Board)
on two sides, with an approved fence or wall at front setback line
or at any other point as may be approved by the Planning Board of
the Borough pursuant to Section 16-12, to the end that all area utilized
for parking or storage is completely enclosed within a compound composed
of fence and building. It is the purpose of this prohibition to have
no vehicles stored or parked in an area exposed to view from any street,
except as specifically permitted herein.
e.
The fence shall contain a proper gate for overnight security, to
the end that all vehicles on the premises in question shall, at night,
be enclosed within the fenced area, the sole exception being vehicles
parked where the owners or drivers thereof are actually engaged in
business at the premises at the time.
f.
The public auctioning of new or used automobiles, including, but
not limited to wholesalers' auctioning of new or used automobiles,
both with or without reserve, is prohibited within the confines of
the Borough of Englewood Cliffs.
[Ord. #9306, A XII]
This chapter shall be administered and enforced in accordance
with the terms of this section.
a.
The provisions of this chapter shall be enforced and interpreted
by the Administrative Officer. It shall be his duty to keep a record
of all applications for building permits and a record of all such
permits issued, with a notation of any complications for building
permits and a record of all such permits issued, with a notation of
any conditions that may have been imposed by the Planning Board or
Board of Adjustment under the provisions of this chapter. He shall
file and safely keep copies of all plans submitted. He also shall
keep a record of every identifiable complaint of a violation of any
of the provisions of this chapter, and of the action taken consequent
on each such complaint. All such records and plans shall form a part
of the records of his office and shall be available for the use of
the Mayor and Council and of other official agencies and officials
of the Borough of Englewood Cliffs.
b.
No board, agency, officer, or employee of the Borough shall issue,
grant or approve any permit, license, or certificate or other authorization
(excluding conditional uses, variances, and other lawful authorization
by the Planning Board or Board of Adjustment), for any construction,
reconstruction, alteration, enlargement or moving of any building
or for the use of any land or building that would not be in full compliance
with the provisions of this chapter. Any such permit, license, certificate,
or other authorization issued, granted, or approved in violation of
the provisions of this chapter shall be null and void and of no effect
without the necessity of any proceedings for revocation or nullification
thereof, and any work undertaken or use established pursuant to any
such permit, license, certificate or other authorization shall be
unlawful.
[Ord. #2006-02]
a.
There is hereby created in and for the Borough of Englewood Cliffs,
the position of Zoning Officer. The Zoning Officer's term of office
shall be for one year, beginning on January 1st of that year and shall
continue to serve until such time as his successor is qualified for
said position.
b.
The Zoning Officer shall be compensated pursuant to the Englewood
Cliffs Salary Ordinance adopted by the Borough.
c.
The Zoning Officer shall be charged with the enforcement of the Zoning
Ordinances of the Borough of Englewood Cliffs as set forth in the
provisions of Chapter 291, Public Law 1975.
d.
The Zoning Officer's duties shall include, but not be limited to,
the enforcement and interpretation of the Zoning Ordinances and the
inspection of properties within the Borough of Englewood Cliffs for
the existence of violations and shall be empowered to issue summonses
to the owners or occupants of the property to cease and desist for
such violations of the Zoning Ordinances which may be found and if
those actions shall fail, may file a complaint in Municipal Court
for violation of the ordinances pursuant to the Zoning Ordinances
of the Borough of Englewood Cliffs.
e.
The Zoning Officer shall further consult with the Municipal Attorney
and the Governing Body as to whether further action should be taken
for an injunction or extraordinary relief for violation of said ordinances.
f.
The Zoning Officer shall further issue a permit prior to the Construction
Official issuing any construction permit, including a demolition permit.
Said application for a zoning permit shall be available at the office
of the Zoning Officer.
g.
The charge for said zoning permit shall be $500.
[Ord. #9306, A XII]
Every application for a building permit shall be made in writing
by the owner or his authorized agent and shall include a statement
of the use or intended use of the structure or vacant land and shall
be accompanied by a certified survey drawn to scale, showing the proposed
structure or use in its exact relation to lot and street lines and
by a written statement from the Borough Engineer, or other satisfactory
evidence, that the line of the bounding street or streets have been
accurately located and staked on the ground. The Administrative Officer
shall grant or reissue a building permit within 10 days after receipt
of application. If the Administrative Officer refuses to issue a permit
hereunder, he shall state in writing the grounds of his refusal.
a.
A building permit shall be obtained from the Administrative Officer
for any of the following:
1.
The construction, erection, alteration or addition to any building
or part of a building or for any sign. No excavation for any building
shall be commenced until application has been made for a building
permit for such building.
2.
Occupancy and use of vacant land.
3.
Occupancy and use of a building hereafter erected, structurally altered
or moved.
4.
Change in the use of land.
5.
Change in the use of an existing conforming building.
6.
Any change involving a nonconforming use.
7.
Any change from a nonconforming use to a conforming use.
8.
Change of any use within a building or of land from that permitted
by any variance or special authorization by the Board of Adjustment
or Planning Board. No such construction, erection, alteration, occupancy
or use or change of use shall take place until a permit therefor has
been issued by the Administrative Officer.
b.
Unless a building permit or a certificate of occupancy authorizing
construction or the use or occupancy of any premises in accordance
with the terms and conditions of any variance, conditional use or
site plan approval granted by the Board of Adjustment or Planning
Board has been issued within six months after the date of the adoption
of such resolution or within six months after the effective date of
this chapter, whichever period shall last expire, any such variance,
conditional use, or site plan approval shall expire, and before the
use or occupancy permitted thereby may be commenced, a new variance,
conditional use or site plan approval shall be obtained.
c.
Upon timely application and for good cause shown, the Board granting
any such variance, conditional use or site plan approval may extend
the term thereof as hereinabove provided by an additional period not
to exceed 90 days.
d.
A certificate of occupancy shall be deemed to authorize, and is required
for, both initial and continued occupancy and use of the building
or land to which it applies and shall continue in effect so long,
and only so long, as such building and the use thereof or the use
of such land is in full conformity with the certificate of occupancy
and the provisions of this chapter and any requirements made pursuant
thereto.
e.
Upon written request by the owner, the Administrative Officer, shall
after inspection and approval issue a certificate of occupancy for
any building or use thereof or land existing at the time of the adoption
of the chapter certifying such use and whether or not the same conforms
to the provisions of this chapter.
f.
Fees for the filing of applications for variances, conditional uses
and site plan approval shall be established by the Mayor and Council.
[Ord. #9306, A XIII]
Any person, firm or corporation violating any of the provisions
of any part of this chapter or of any amendment thereof shall upon
conviction thereof forfeit and pay a penalty of not more than $500
or shall be confined to the Municipal Jail or the County Jail for
a period not exceeding 90 days or both. The imposition of one penalty
for any violation of this chapter shall not excuse the violation or
permit it to continue, and each day that prohibited conditions continue
shall constitute a separate offense.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
[Ord. #9306, A XIV]
The Borough Council of the Borough of Englewood Cliffs may from
time to time, on its own motion, on recommendation from the Planning
Board, or on petition or other application, after public notice and
hearing in accordance with law, amend, supplement or change the regulations
and districts herein established and adopt rules and regulations for
the purpose of interpreting and carrying the chapter into effect.
Prior to the hearing on adoption of the Zoning Ordinance or
any amendments thereto, the Borough Council shall refer any such proposed
ordinance or amendment thereto to the Planning Board. The Planning
Board shall transmit a report on the proposed ordinance or amendment
to the Borough Council within 35 days after referral The Borough Council
shall review the report of the Planning Board and may disapprove or
change any recommendation by a vote of the majority of its full authorized
membership and shall record in its minutes the reasons for not allowing
such recommendations. Failure of the Planning Board to transmit its
report within the thirty-five-day period shall relieve the Borough
Council from the requirement to review the Planning Board's recommendations.
A protest against any proposed amendment or revision of the
Zoning Ordinance may be filed with the Borough Clerk, signed by the
owners of 20% or more of either of the area of the lots or land included
in such proposed change, or the lots or land extending 200 feet in
all directions therefrom inclusive of street space, whether within
or without the municipality. Such amendment or revision shall not
become effective following the filing of such protest except by a
favorable vote of 2/3 of all the members of the Borough Council.
[Ord. #9306, A XV]
If any section, subsection, clause, or phrase of this chapter
is for any reason declared to be unconstitutional or invalid, such
decision shall not affect the remaining portions of this chapter.
The Mayor and Council hereby declare that it would have passed the
chapter and each section and subsection thereof, irrespective of the
fact that any one or more of the sections, subsections, sentences,
clauses or phrases may be declared unconstitutional or invalid.
[Ord. #9306, A XVI]
[Ord. #9306, A XVII]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed and this chapter shall take effect 10 days after
passage and publication in the manner provided by law; provided however,
that the passage and taking effect of this chapter shall not abate
or prevent the continuance of any proceedings instituted under the
chapter hereby revised and amended, nor abate or prevent any proceedings
or prosecutions for violations of the said chapter which is hereby
revised and amended.
Upon passage and publication provided by law, this chapter shall
supersede Ordinance No. 100R passed November 1, 1960 as amended and
supplemented.
All other substantive and procedural zoning site plan and land
subdivision ordinances not inconsistent herewith and not inconsistent
with the Municipal Land Use Law (Chapter 291, Laws of New Jersey 1975)
and/or parts thereof not inconsistent herewith, be and they are hereby
continued in full force and effect as though re-enacted hereby.
|
Borough Clerk
| |
|
Mayor
|
[1]
Editor's Note: Prior ordinances include portions of Ordinance
Nos. 4F, 12F, 100R, 138R, 140R, 142R, 180R, 183R, 6804, 6906, 7105,
7201, 7432, 7601, 7801, 7901, 7905, 8102, 8504, 8724, 8803, 8816,
8922, 8923, 8929, 8933, 9101, 9104, 9110.
[1]
Editor's Note: Material containing Affordable Housing Regulations previously codified in § 30-18 was repealed pursuant to a settlement agreement entered into between the Borough and the Fair Share Housing Center dated October 8, 2020 and conditioned upon approval from the Superior Court of the State of New Jersey. Borough document labeled Ord. No. 20-20. Prior history includes Ord. No. 9608. See § 30-19B.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 9707, 2006-25, 2009-03 and 2009-08.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
In Holmdel Builder's Association v. Holmdel Borough, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27D-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
b.
Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide
Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH
is authorized to adopt and promulgate regulations necessary for the
establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have a Court approved spending
plan may retain fees collected from non-residential development.
c.
This ordinance establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L.2008, C.46, Sections 8 and 32-38. Fees collected
pursuant to this ordinance shall be used for the sole purpose of providing
low- and moderate-income housing. This section shall be interpreted
within the framework of COAH's rules on development fees, codified
at N.J.A.C. 5:93-8.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
This ordinance shall not be effective until approved by the Court
pursuant to N.J.A.C. 5:93-8.1(b). Nothing herein shall impact that
currently the Borough has a development fee ordinance previously approved
by COAH and this ordinance, upon approval, shall supersede the development
fee ordinance approved by COAH.
b.
The Borough of Englewood Cliffs shall not spend development fees
until the Court has approved a plan for spending such fees in conformance
with N.J.A.C. 5:93-8.9. Nothing herein shall impact that currently
the Borough has a Spending Plan previously approved by COAH and, upon
approval by the Court of a new Spending Plan, that newly approved
Spending Plan shall supersede the Spending Plan previously approved
by COAH.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
AFFORDABLE HOUSING DEVELOPMENT
COURT or COURT APPROVED ENTITY
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
The following terms, as used in this section, shall have the following
meanings:
Means a development included in the Housing Element and Fair
Share Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100 percent affordable development.
Means the entity that has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State pursuant to the Supreme Court decision
issued in Mount Laurel IV on March 10, 2015.
Means the legal or beneficial owner or owners of a lot or
of any land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Means money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.
Means the assessed value of a property divided by the current
average ratio of assessed to true value for the municipality in which
the property is situated, as determined in accordance with sections
1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54:1-35c).
Means those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
Imposed fees.
1.
Within all zoning district(s), residential developers, except for
developers of the types of development specifically exempted below,
shall pay a fee of one and a half (1.5%) percent of the equalized
assessed value for residential development provided no increased density
is permitted.
2.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a "d" variance) has been permitted, developers may be required
to pay a development fee of six (6%) percent of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal one and
a half (1 1/2%) percent of the equalized assessed value on the
first two units; and the specified higher percentage up to six percent
of the equalized assessed value for the two additional units, provided
zoning on the site has not changed during the two-year period preceding
the filing of such a variance application.
b.
Eligible exactions, ineligible exactions and exemptions for residential
development.
1.
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
2.
Developments that have received preliminary or final site plan approval
prior to the adoption of a municipal development fee ordinance shall
be exempt from development fees, unless the developer seeks a substantial
change in the approval. Where a site plan approval does not apply,
a zoning and/or building permit shall be synonymous with preliminary
or final site plan approval for this purpose. The fee percentage shall
be vested on the date that the building permit is issued.
3.
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
4.
Developers of residential structures demolished and replaced as a
result of a fire, flood or natural disaster shall be exempt from paying
a development fee.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
Imposed fees.
1.
Within all zoning districts, non-residential developers, except for
developers of the types of development specifically exempted, shall
pay a fee equal to two and one-half (2.5%) percent of the equalized
assessed value of the land and improvements, for all new non-residential
construction on an unimproved lot or lots.
2.
Non-residential developers, except for developers of the types of
development specifically exempted, shall also pay a fee equal to two
and one-half (2.5%) percent of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for non-residential purposes.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of two and
one-half (2.5%) percent shall be calculated on the difference between
the equalized assessed value of the pre-existing land and improvement
and the equalized assessed value of the newly improved structure,
i.e. land and improvement, at the time final certificate of occupancy
is issued. If the calculation required under this section results
in a negative number, the non-residential development fee shall be
zero.
As to any non-residential development, in the event of any conflict
with the requirements of the ordinance previously approved by COAH,
this ordinance and the Non-residential Development Fee Act ("NRDFA"),
the NRDFA shall control.
b.
Eligible exactions, ineligible exactions and exemptions for non-residential
development.
1.
The non-residential portion of a mixed-use inclusionary or market
rate development shall be subject to the two and a half (2.5%) percent
development fee, unless otherwise exempted below.
2.
Non-residential developments shall be exempt from the payment of
nonresidential development fees in accordance with the exemptions
required pursuant to P.L.2008, c.46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
3.
A developer of a non-residential development exempted from the nonresidential
development fee pursuant to P.L.2008, c.46 shall be subject to it
at such time the basis for the exemption no longer applies, and shall
make the payment of the non-residential development fee, in that event,
within three years after that event or after the issuance of the final
certificate of occupancy of the non-residential development, whichever
is later.
4.
If a property which was exempted from the collection of a non-residential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Borough of Englewood Cliffs as a lien against
the real property of the owner.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the zoning officer and other construction official
responsible for coordinating with the State Construction Office for
the issuance of a building permit.
b.
For non-residential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a non-residential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the non-residential developer
as per the instructions provided in the Form N-RDF. The Tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
c.
The construction official responsible for the issuance of a building
permit shall notify the local tax assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
d.
Within ninety (90) days of receipt of that notice, the municipal
tax assessor, based on the plans filed, shall provide an estimate
of the equalized assessed value of the development.
e.
The construction official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
f.
Within ten (10) business days of a request for the scheduling of
a final inspection, the municipal assessor shall confirm or modify
the previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
g.
Should the Borough of Englewood Cliffs fail to determine or notify the developer of the amount of the development fee within ten (10) business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L.2008, c.46 (C.40:55D-8.6).
h.
Fifty (50%) percent of the development fee shall be collected at
the time of issuance of the building permit. The remaining portion
shall be collected at the issuance of the certificate of occupancy.
The developer shall be responsible paying the difference between the
fee calculated at building permit and that determined at issuance
of certificate of occupancy.
i.
Appeal of development fees.
1.
A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest bearing escrow account by the Borough of Englewood Cliffs.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, R.S.54:48-1 et seq., within ninety (90) days after the date of
such determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
2.
A developer may challenge non-residential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within forty-five (45) days of receipt of the challenge, collected
fees shall be placed in an interest bearing escrow account by the
Borough of Englewood Cliffs. Appeals from a determination of the Director
may be made to the tax court in accordance with the provisions of
the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within ninety
(90) days after the date of such determination. Interest earned on
amounts escrowed shall be credited to the prevailing party.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
A Development Fee Ordinance creating a dedicated revenue source for
affordable housing was adopted by the Borough on December 23, 2008,
by way of Ordinance No. 30-2008; and subsequently amended on July
6, 2010, by Ordinance No. 10-2010. Said Development Fee Ordinance
established the Borough's Affordable Housing Trust Fund. All development
fees and interest generated by the fees are deposited in a separate
interest- bearing Affordable Housing Trust Fund at TD Bank, located
at 457 Sylvan Ave, in Englewood Cliffs Borough, for the purposes of
affordable housing. These funds shall be spent in accordance with
N.J.A.C. 5:93-8.16 as described in the sections that follow and the
account is to be maintained by the Chief Financial Officer.
b.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
1.
Payments in lieu of on-site construction of affordable units;
2.
Developer contributed funds to make ten (10) percent of the adaptable
entrances in a townhouse or other multistory attached development
accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with the Borough of Englewood
Cliffs' affordable housing program.
c.
The Borough of Englewood Cliffs shall provide the Court with written
authorization, in the form of a three-party escrow agreement between
the municipality, TD Bank and a Court approved entity to permit the
Court to direct the disbursement of the funds as provided for in N.J.A.C.
5:93-8.19 and 8.20.
1.
In the event of a failure by the Borough of Englewood Cliffs to comply
with trust fund monitoring and reporting requirements or to submit
accurate monitoring reports; or a failure to comply with the conditions
of the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved Spending Plan; or the expenditure
of funds on activities not approved by the Court; or for other good
cause demonstrating the unapproved use(s) of funds, the Court may
authorize the State of New Jersey, Department of Community Affairs
(DCA), Division of Local Government Services (LGS), to direct the
manner in which the funds in the Affordable Housing Trust Fund shall
be expended, provided that all such funds shall, to the extent practicable,
be utilized for affordable housing programs within the Borough of
Englewood Cliffs, or, if not practicable, then within the County or
the Housing Region.
(a)
Any party may bring a motion before the Superior Court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the municipality a reasonable opportunity
to respond and/or to remedy the non-compliant condition(s), and upon
a finding of continuing and deliberate non-compliance, determine to
authorize LGS to direct the expenditure of funds in the Trust Fund.
The Court may also impose such other remedies as may be reasonable
and appropriate to the circumstances.
d.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by the Court.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
The expenditure of all funds shall conform to a spending plan previously
approved by COAH, and a new Spending Plan approved by the Court.
b.
The Court previously approved the Borough's right to use the trust
fund to purchase a 1.9 million dollar parcel to be added to land the
Borough controlled for a 100% set-aside. That expense and related
costs shall be a permissible use of trust fund money.
c.
Funds shall not be expended to reimburse the Borough of Englewood
Cliffs for past housing activities.
d.
At least thirty (30%) percent of all development fees collected and
interest earned shall be used to provide affordability assistance
to low- and moderate-income households in affordable units included
in the municipal Fair Share Plan. One-third of the affordability assistance
portion of development fees collected shall be used to provide affordability
assistance to those households earning thirty (30%) percent or less
of median income by region.
1.
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
2.
Affordability assistance to households earning thirty (30%) percent
or less of median income may include buying down the cost of low or
moderate income units in the municipal Fair Share Plan to make them
affordable to households earning thirty (30) percent or less of median
income.
3.
Payments in lieu of constructing affordable units on site and funds
from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
4.
The 30% requirement may be satisfied as set forth in the Borough's
Spending Plan.
e.
The Borough of Englewood Cliffs may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:93-8.16.
f.
No more than 20% of all revenues collected from development fees,
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to negotiate a settlement with FSHC and any developer, to prepare
a Housing Element and Fair Share Plan, and to implement a Housing
Element and Fair Share Plan. Administrative funds may be used to retain
an administrative agent, for income qualification of households, monitoring
the turnover of sale and rental units, and compliance with COAH's
monitoring requirements. Administrative funds may be used to pay the
fees of the Master and Special Counsel appointed by the Court to assist
in formulating and implementing settlement(s), formulating a housing
element and fair share plan, reviewing and making recommendations
to the Court in conjunction with the Borough's efforts to secure approval
of settlements and its housing element and fair share plan. Administrative
fees may also be used to pay for the expense of the Special Hearing
Officer in conjunction with duties the Court assigns to him. Administrative
fees may be used for any other purpose permitted by COAH regulations.
Legal or other fees related to litigation opposing affordable housing
sites or objecting to COAH's regulations and/or any Court action are
not eligible uses of the affordable housing trust fund.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
On the first anniversary of the Court's approval of the Spending
Plan, and on every anniversary of that date thereafter through July
1, 2025, the Borough of Englewood Cliffs agrees to work with the Special
Master so that the Special Master shall provide annual reporting of
Affordable Housing Trust Fund activity to the State of New Jersey,
Department of Community Affairs, Council on Affordable Housing or
Local Government Services or other entity designated by the State
of New Jersey, with a copy provided to Fair Share Housing Center and
for posting by the Borough on the municipal website, using monitoring
forms provided by FSHC developed for this purpose by the New Jersey
Department of Community Affairs, Council on Affordable Housing or
Local Government Services. The reporting shall include an accounting
of all Affordable Housing Trust Fund activity, including the sources
and amount of funds collected and the amounts and purposes for which
any funds have been expended.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-18.]
a.
The ability for the Borough of Englewood Cliffs to impose, collect
and expend development fees shall expire with its substantive certification
or judgment of compliance unless the Borough of Englewood Cliffs has
filed an adopted Housing Element and Fair Share Plan with the Court,
has petitioned for substantive certification or a judgment of compliance,
and has received the Court's approval of its development fee ordinance.
If the Borough of Englewood Cliffs fails to renew its ability to impose
and collect development fees prior to the expiration of substantive
certification or any judgment of compliance, it may be subject to
forfeiture of any or all funds remaining within its municipal trust
fund. Any funds so forfeited shall be deposited into the "New Jersey
Affordable Housing Trust Fund" established pursuant to section 20
of P.L.1985, c.222 (C.52:27D-320). The Borough of Englewood Cliffs
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
the Borough of Englewood Cliffs retroactively impose a development
fee on such a development.
[Ord. No. 2018-14]
If the Borough and/or the Planning Board permits the construction
of multi-family or single-family attached residential development,
the developer shall be required to set aside an appropriate percentage
of the residential units for low and moderate income households. The
appropriate percentages are as follows:
a.
For projects in which the low and moderate units are to be offered
for sale, the set-aside percentage shall be no less than 20%.
b.
For projects in which the low and moderate income units are to be
offered for rent, the set-aside percentage shall be no less than 15%.
c.
As set forth in Section 30-18 of the Borough Code and as amended by State laws and regulations, all affordable housing units shall comply with the Uniform Housing Affordability Controls and all applicable affordable housing laws and regulations, including but not limited to, requirements regarding bedroom distribution and income distribution.
[Ord. No. 2018-14]
a.
The provisions for a required percentage of units to be set aside
for low and/or moderate income households shall not apply to developments
containing four or less dwelling units.
b.
The set aside percentage requirements shall apply to any multi-family
or single-family attached residential development, including the residential
portion of a mixed-use project, that consists of five or more new
residential units, whether permitted by zoning, a zoning amendment,
a variance granted by the Borough's Planning Board or Zoning Board,
or adoption of a Redevelopment Plan or amended Redevelopment Plan
in areas in need of redevelopment or rehabilitation.
c.
For any such development for which the Borough's land use ordinances
(for example, a zoning ordinance or an adopted Redevelopment Plan)
already permitted residential development as of the effective date
of this Chapter, the set-aside percentage requirements shall apply
if the Borough permits an increase in approvable and developable gross
residential density.
d.
Nothing in this paragraph precludes the Borough and/or its Planning
Board or Zoning Board from imposing an affordable housing set-aside
percentage in a development not required to have a set-aside, consistent
with N.J.S.A. 52:27D-311(h) and other applicable law.
e.
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a Redevelopment
Plan or amended Redevelopment Plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
f.
Where a project proposes demolition of existing dwelling units and
construction of new dwelling units on the same site, or a project
proposes to expand an existing building with residential units, the
provisions of this section shall apply only if the net number of newly
created dwelling units is five or more.
g.
All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-19.]
a.
Purpose. This section is intended to ensure that any site that benefits
from a rezoning, variance or redevelopment plan approved by the Borough
or a Borough Land Use Board that results in multi-family residential
development of five (5) dwelling units or more produces affordable
housing at a set-aside rate of 20% for both for-sale affordable units
and rental affordable units. This section shall apply except where
inconsistent with applicable law. This requirement does not give any
developer the right to any such rezoning, variance or other relief,
or establish any obligation on the part of the Borough of Englewood
Cliffs to grant such rezoning, variance or other relief. No subdivision
shall be permitted or approved for the purpose of avoiding compliance
with this requirement.
b.
Mandatory Set-Aside Ordinance. If the Borough or a Borough Land Use
Board permits the construction of multi-family or single-family attached
residential development, the Borough or the Borough's Land Use Board
shall require that an appropriate percentage of the residential units
be set aside for low- and moderate-income households. This requirement
shall apply beginning with the effective date of this section to any
multi-family or single-family attached residential development, including
the residential portion of a mixed-use project, which consists of
five (5) or more new residential units, whether permitted by a zoning
amendment, a variance granted by the Borough's Land Use Board, or
adoption of a Redevelopment Plan or amended Redevelopment Plan in
areas in need of redevelopment or rehabilitation. For any such development
for which the Borough's land use ordinances (e.g. zoning or an adopted
Redevelopment Plan) already permitted residential development as of
the effective date of this section, this requirement shall only apply
if the Borough permits an increase in gross residential density. Nothing
in this paragraph precludes the Borough or the Borough's Land Use
Board from imposing an affordable housing set-aside in a development
not required to have a set-aside pursuant to this paragraph consistent
with N.J.S.A. 52:27D-311(h) and other applicable law. For inclusionary
projects in which the low and moderate units are to be offered for
for-sale or rental, the appropriate set-aside percentage is 20%. This
requirement does not create any entitlement for a property owner or
applicant for a zoning amendment, variance, or adoption of a Redevelopment
Plan or amended Redevelopment Plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
This requirement does not apply to any sites or specific zones otherwise
identified in the Borough's Settlement Agreement with FSHC dated October
8, 2020, or in the Borough's Housing Element and Fair Share Plan,
both of which as may be approved by the Superior Court for which density
and set-aside standards shall be governed by the specific standards
set forth therein.
Furthermore, this section shall not apply to developments containing
four (4) or less dwelling units. All subdivision and site plan approvals
of qualifying residential developments shall be conditioned upon compliance
with the provisions of this section. Where a developer demolishes
existing dwelling units, and builds new dwelling units on the same
site, or expands an existing building, the provisions of this section
shall apply only if the net number of dwelling units is five (5) or
more.
c.
Palisades Scenic Integrity Protection.
1.
As recognized in the Settlement Agreement between the Borough of
Englewood Cliffs and Fair Share Housing Center dated October 8, 2020
(Docket No. BER-L-6119-15), paragraph 14.g., the preservation of the
viewshed of the Palisades is a critically important aesthetic and
scenic consideration. The Palisades Scenic Integrity Protection standards
require the applicant to demonstrate that the proposed development
would not adversely affect the scenic integrity of the Palisades Interstate
Park and its surroundings and be visible above the tree canopy from
vantage points east and south of the Palisades, specifically the George
Washington Bridge center and the Cloisters Terrace and high point
of Fort Tryon Park, Manhattan.
2.
The developer shall provide studies, reports and testimony demonstrating
that any proposed development meets the height limitations for this
zone and complies with the standards of this section.
3.
Notwithstanding any other requirement of the Borough Code, no application
shall be deemed complete unless the developer has provided a copy
of the application and plans to the Executive Director of the Palisades
Interstate Park Commission.
4.
Additionally, applicant will demonstrate that the proposed development
will avoid adversely affecting the scenic integrity of the Palisades
Interstate Parkway.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
This section is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
and that low- and moderate-income households shall occupy these units.
This section is also intended to ensure that any site that benefits
from a rezoning, variance, or redevelopment or rehabilitation plan
approved by the Borough that results in any multi-family or single-family
attached residential development, including the residential portion
of a mixed-use project, in any zone within Englewood Cliffs, and proposed
at a density of five (5) units per acre or greater produces affordable
housing at a set-aside rate of 20% regardless of whether the affordable
units are for sale or for rent. This section shall apply except where
inconsistent with applicable law. This requirement does not give any
developer the right to any such rezoning, variance or other relief,
or establish any obligation on the part of the Borough of Englewood
Cliffs to grant such rezoning, variance or other relief.
b.
A Housing Element and Fair Share Plan has been prepared by the Borough's
representatives which describes how Englewood Cliffs Borough shall
address its affordable housing obligations.
c.
On the first anniversary of the execution of the Settlement Agreement
dated October 8, 2020, between the Borough of Englewood Cliffs and
Fair Share Housing Center, and on every anniversary thereafter through
the end of said Settlement Agreement, the Borough shall work with
the Special Master so that the Special Master may provide annual reporting
of the status of all affordable housing activity within the municipality
through posting on the municipal website, with a copy or such posting
provided to Fair Share Housing Center, using monitoring forms provided
by FSHC.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
The following terms when used in this section shall have the
meanings given in this section:
Means a self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
Means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.) as has been subsequently amended.
Means constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
Means the entity responsible for the administration of affordable
units in accordance with this ordinance, applicable COAH regulations
and the Uniform Housing Affordability Controls (UHAC)(N.J.A.C. 5:80-26.1
et seq.)
Means a regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
Means the average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
Means, a sales price or rent within the means of a low- or
moderate-income household as defined in N.J.A.C. 5:93-7.4, and, in
the case of an ownership unit, that the sales price for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended
and supplemented, and, in the case of a rental unit, that the rent
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12,
as may be amended and supplemented.
Means a housing development all or a portion of which consists
of restricted units.
Means a development included in the Borough's Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Means any mechanism in the Borough's Fair Share Plan prepared
or implemented to address the Borough's fair share obligation.
Means a housing unit proposed or created pursuant to the
Act, credited pursuant to applicable regulations, the FSHC Settlement
Agreement, or an order of the Court.
Means a housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that:
All the residents of the development where the unit is situated
are 62 years or older; or
At least 80% of the units are occupied by one person that is
55 years or older; or
The development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
Means the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
Means a facility licensed by the New Jersey Department of
Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
Means a household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
Means the New Jersey Council on Affordable Housing.
Means the State of New Jersey Department of Community Affairs.
Means a housing unit with health and safety code violations
that require the repair or replacement of a major system. A major
system includes weatherization, roofing, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems),
lead paint abatement and/or load bearing structural systems.
Means any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
Means a development containing both affordable units and
market rate units. Inclusionary developments must have a 20% set aside
of affordable units whether it is a rental or for-sale development.
This term includes, but is not necessarily limited to: new construction,
the conversion of a non-residential structure to residential and the
creation of new affordable units through the reconstruction of a vacant
residential structure.
Means a household with a total gross annual household income
equal to 50% or less of the median household income.
Means a restricted unit that is affordable to a low-income
household.
Means the primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Means housing not restricted to low- and moderate-income
households that may sell or rent at any price.
Means the median income by household size for the applicable
county, as adopted annually by the Court, COAH, or a successor entity.
Means a household with a total gross annual household income
in excess of 50% but less than 80% of the median household income.
Means a restricted unit that is affordable to a moderate-income
household.
Means any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
Means a process by which currently income-eligible households
are selected for placement in affordable housing units such that no
preference is given to one applicant over another except for purposes
of matching household income and size with an appropriately priced
and sized affordable unit (e.g., by lottery).
Means the maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted Regional Income Limits per the Borough's annually
updated income limits pursuant to the process established in the Borough's
Settlement Agreement with FSHC or published annually by AHPNJ, COAH
or a successor entity.
Means the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
Means the gross monthly cost of a rental unit to the tenant,
including the rent paid to the landlord, as well as an allowance for
tenant-paid utilities computed in accordance with allowances published
by DCA for its Section 8 program. In assisted living residences, rent
does not include charges for food and services.
Means a dwelling unit, whether a rental unit or ownership
unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
Means the Department of Community Affairs of the State of
New Jersey, that was established under the New Jersey Fair Housing
Act (N.J.S.A. 52:27D-301 et seq.).
Means the Uniform Housing Affordability Controls set forth
in N.J.A.C. 5:80-26.1 et seq.
Means a household with a total gross annual household income
equal to 30% or less of the median household income.
Means a restricted unit that is affordable to a very-low-income
household.
Means building insulation (for attic, exterior walls and
crawl space), siding to improve energy efficiency, replacement storm
windows, replacement storm doors, replacement windows and replacement
doors, and is considered a major system for rehabilitation.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
The Borough of Englewood Cliffs will use the following mechanisms
to satisfy its affordable housing obligations:
a.
Phasing. Inclusionary developments shall be subject to the following
schedule:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25% + 1 Unit
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
A unit is deemed completed when a permanent, as compared
to a temporary, CO is issued for the unit.
b.
Fractional Units. If 20% of the total number of units in a development
(or the set-aside, as applicable) results in a fraction or decimal,
the developer shall be required to provide an additional affordable
unit on site.
Example: an 8-unit development requiring an affordable housing
set-aside of 1.6 units is proposed. The developer is required to provide
two on-site affordable units.
c.
Integration of Affordable Units. In inclusionary developments low-
and moderate-income units shall be integrated with the market rate
units to the greatest extent feasible.
d.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
e.
The facade of an affordable housing dwelling shall be indistinguishable
from those of market units in terms of the use of exterior materials,
windows, doors, reveal, roof pitch, color, or other material. Affordable
housing units shall have access to open space and site amenities comparable
to that of market rate units.
f.
For inclusionary developments with a single housing type, the affordable
housing units shall have the same tenure as the market housing units.
g.
Tenant-paid utilities that are included in the utility allowance
shall be so stated in the lease and shall be consistent with the utility
allowance approved by the New Jersey Department of Community Affairs
for its Section 8 program. Affordable units shall utilize the same
type of heating source as market units within the affordable development.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
The following general guidelines apply to all newly constructed
developments that contain low- and moderate-income housing units,
including any currently unanticipated future developments that will
provide low- and moderate-income housing units.
a.
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units.
1.
The fair share obligation shall be divided equally between low- and
moderate-income units, except that where there is an odd number of
affordable housing units the extra unit shall be a low-income unit.
2.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units. If there
is only one affordable unit it must be a low-income unit.
3.
At least 13% of all affordable units in the Borough, within each
bedroom distribution, with the exception of units constructed as of
July 1, 2008, and units subject to preliminary or final site plan
approval as of July 1, 2008, shall be designated as very-low-income
units at 30% of the median income, with at least 50% of all very-low-income
units being available to families. Very-low-income units shall be
considered low-income units for the purposes of evaluating compliance
with the required low-/moderate-income unit splits, bedroom distribution,
and phasing requirements of this section.
4.
Affordable developments that are not age-restricted shall be structured
such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units are two bedroom
units;
(c)
At least 20% of all low- and moderate-income units shall be
three bedroom units; and
(d)
The remaining units, if any, may be allocated among two and
three bedroom units at the discretion of the developer.
5.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
b.
Accessibility Requirements.
1.
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
2.
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that the Borough of Englewood Cliffs has collected
funds from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
(1)
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
(2)
To this end, the builder of restricted units shall deposit funds
within the Borough's Affordable Housing Trust Fund sufficient to install
accessible entrances in 10% of the affordable units that have been
constructed with adaptable entrances.
(3)
The funds deposited under paragraph (2) above shall be used
by the Borough of Englewood Cliffs for the sole purpose of making
the adaptable entrance of any affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Borough.
(5)
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and
that the cost estimate of such conversion is reasonable, payment shall
be made to the Borough's Affordable Housing Trust Fund and appropriately
earmarked.
(6)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
c.
Maximum Rents and Sales Prices.
1.
In establishing rents and sales prices of affordable housing units,
the Administrative Agent shall follow the procedures set forth in
UHAC utilizing the regional income limits established pursuant to
the calculation procedures as approved by the Court and detailed below:
(a)
Regional income limits shall be established for the Housing
Region in which the Borough is located (Housing Region 1) based on
the median income by household size, which shall be established by
a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated number of households within the county according to the
most recent decennial Census. The resulting product for each county
within the housing region is summed. The sum is divided by the estimated
total number of households from the most recent decennial Census in
the Borough's housing region. This quotient represents the regional
weighted average of median income for a household of four. The income
limit for a moderate-income unit for a household of four shall be
80% of the regional weighted average median income for a family of
four. The income limit for a low-income unit for a household of four
shall be 50% of the HUD determination of the regional weighted average
median income for a family of four. The income limit for a very-low-income
unit for a household of four shall be 30% of the regional weighted
average median income for a family of four. These income limits shall
be adjusted by household size based on multipliers used by HUD to
adjust median income by household size. In no event shall the income
limits be less than those for the previous year.
(b)
The Regional Asset Limit used in determining an applicant's
eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3
shall be calculated by the Borough annually by taking the percentage
increase of the income limits calculated pursuant to paragraph (a)
above over the previous year's income limits, and applying the same
percentage increase to the Regional Asset Limit from the prior year.
In no event shall the Regional Asset Limit be less than that for the
previous year.
2.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
3.
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units.
(a)
At least 13% of all low- and moderate-income dwelling units
shall be affordable to households earning no more than 30% of median
income, leaving 37% to be made affordable to low income households
and 50% to be made affordable to moderate income households.
4.
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units;
in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
5.
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one and one-half
person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four and one-half
person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
6.
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
7.
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
8.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
9.
The price of owner-occupied very-low-, low- and moderate-income units
may increase annually based on the percentage increase in the regional
median-income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
10.
The rent of very-low-, low- and moderate-income units may be
increased annually based on the percentage increase in the Housing
Consumer Price Index for the United States. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
11.
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
The Borough of Englewood Cliffs (or Court) shall adopt an Affirmative
Marketing Plan, subject to approval of the Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented. The Affirmative Marketing
Plan shall include the following community and regional organizations,
which must be notified when affordable units are available: Fair Share
Housing Center, the New Jersey State Conference of the NAACP, the
Latino Action Network, East Orange NAACP, Newark NAACP, Bergen County
NAACP, and Elizabeth NAACP.
b.
In accordance with the requirements of N.J.S.A. 52:27D-321.3 et seq.,
L.2020, c.5, all available affordable units must be listed on the
New Jersey Housing Resource Center website, njhrc.gov.
c.
The Affirmative Marketing Plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The Affirmative
Marketing Plan is also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward Housing Region 1 and is required to be followed throughout
the period of deed restriction.
d.
The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 1, comprised
of Bergen, Hudson, Passaic and Sussex Counties.
e.
The municipality has the ultimate responsibility for adopting the
Affirmative Marketing Plan and for the proper administration of the
Affirmative Marketing Program, including initial sales and rentals
and resales and re-rentals. The Administrative Agent designated by
the Borough of Englewood Cliffs shall implement the Affirmative Marketing
Plan to assure the affirmative marketing of all affordable units.
f.
In implementing the Affirmative Marketing Plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
g.
The Affirmative Marketing Plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the Affirmative Marketing Plan, the Administrative Agent shall consider
the use of language translations where appropriate.
h.
The affirmative marketing process for available affordable units
shall begin at least four (4) months prior to the expected date of
occupancy.
i.
Applications for affordable housing shall be available in several
locations, including, at a minimum, the Bergen County Administration
Building, Hudson County Administration Building, Essex County Administration
Building, Sussex County Administration Building, Bergen County Library
Headquarters, Hudson County Library Headquarters, Essex County Library
Headquarters, Sussex County Library Headquarters; and the developer's
rental office. Applications shall be mailed to prospective applicants
upon request.
j.
In addition to other affirmative marketing strategies, the Administrative
Agent shall provide specific notice of the availability of affordable
housing units in Englewood Cliffs to the following entities: Fair
Share Housing Center, the New Jersey State Conference of the NAACP,
the Latino Action Network, NORWESCAP, Supportive Housing Association,
and the Central Jersey Housing Resource Center.
k.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Borough.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the Administrative Agent shall strive to:
b.
Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section until the Borough of Englewood Cliffs elects to release
the unit from such requirements however, and prior to such an election,
a restricted ownership unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at
least 30 years.
b.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
c.
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the Administrative Agent shall determine
the restricted price for the unit and shall also determine the non-restricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
d.
At the time of the first sale of the unit, the purchaser shall execute
and deliver to the Administrative Agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first non-exempt sale after the unit's release
from the requirements of this section, an amount equal to the difference
between the unit's non-restricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
e.
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
f.
A restricted ownership unit shall be required to obtain a Continuing
Certificate of Occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
a.
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
b.
The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
c.
The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
d.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median-income
and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median-income. Very-low-income
units shall be reserved for households with a gross household income
of less than 30% of median-income.
b.
The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a very-low-income
household, a low-income household or a moderate-income household,
as applicable to the unit, and the estimated monthly housing cost
for the particular unit (including principal, interest, taxes, homeowner
and private mortgage insurance and condominium or homeowner association
fees, as applicable) does not exceed 33% of the household's certified
monthly income.
c.
Notwithstanding the foregoing, the Administrative Agent may, upon
approval by the Borough Council, and subject to the Court's approval,
permit a moderate-income purchaser to buy a low-income unit if and
only if the Administrative Agent can demonstrate that there is an
insufficient number of eligible low-income purchasers in the housing
region to permit prompt occupancy of the unit and all other reasonable
efforts to attract a low-income purchaser, including pricing and financing
incentives, have failed. Any such low-income unit that is sold to
a moderate-income household shall retain the required pricing and
pricing restrictions for a low-income unit.
d.
A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence and
shall not lease the unit; provided, however, that the Administrative
Agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one (1) year.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the Administrative Agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section and the Administrative Agent shall issue such determination
prior to the owner incurring such indebtedness.
b.
With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the Administrative Agent in accordance
with N.J.A.C. 5:80-26.6(b).
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
The owner of a restricted ownership unit may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that add an additional bathroom. In no event
shall the maximum sales price of an improved housing unit exceed the
limits of affordability for the larger household.
b.
Upon the resale of a restricted ownership unit, all items of property
that are permanently affixed to the unit or were included when the
unit was initially restricted (for example, refrigerator, range, washer,
dryer, dishwasher, wall-to-wall carpeting) shall be included in the
maximum allowable resale price. Other items may be sold to the purchaser
at a reasonable price that has been approved by the Administrative
Agent at the time of the signing of the agreement to purchase. The
purchase of central air conditioning installed subsequent to the initial
sale of the unit and not included in the base price may be made a
condition of the unit resale provided the price of the air conditioning
equipment, which shall be subject to ten (10) year, straight-line
depreciation, has been approved by the Administrative Agent. Unless
otherwise approved by the Administrative Agent, the purchase of any
property other than central air conditioning shall not be made a condition
of the unit resale. The owner and the purchaser must personally certify
at the time of closing that no unapproved transfer of funds for the
purpose of selling and receiving property has taken place at the time
of or as a condition of resale.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section until the Borough of Englewood Cliffs elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80- 26.1, et seq., as may be amended and supplemented,
and prior to such an election, a restricted rental unit must remain
subject to the requirements of N.J.A.C. 5:80-26.1, et seq. as may
be amended and supplemented, for at least 30 years.
b.
Restricted rental units created as part of developments receiving
9% Low-Income Housing Tax Credits must comply with a control period
of not less than a 30-year compliance period plus a 15-year extended
use period.
c.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Bergen. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a Certificate
of Occupancy.
d.
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the Administrative Agent.
b.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the Administrative Agent.
c.
Application fees (including the charge for any credit check) shall
not exceed five percent of the monthly rent of the applicable restricted
unit and shall be payable to the Administrative Agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
d.
No rent control or other pricing restriction shall be applicable
to either the market-rate units or the affordable units in any development
in which at least 20% of the total number of dwelling units are restricted
rental units in compliance with this section.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
1.
Very low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
2.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
3.
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
b.
The Administrative Agent shall certify a household as eligible for
a restricted rental unit when the household is a very low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
1.
The household currently pays more than 35% (40% for households eligible
for age-restricted units) of its gross household income for rent,
and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5.
The household documents reliable anticipated third-party assistance
from an outside source such as a family member in a form acceptable
to the Administrative Agent and the owner of the unit.
c.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in paragraphs b1 through b5 above with
the Administrative Agent, who shall counsel the household on budgeting.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
The position of Municipal Housing Liaison (MHL) for the Borough of
Englewood Cliffs is established by this section. The Borough shall
make the actual appointment of the MHL by means of a resolution and
to be approved by the Court.
1.
The MHL must be either a full-time or part-time employee of Englewood
Cliffs.
2.
The person appointed as the MHL must be reported to the Court and
thereafter posted on the Borough's website.
3.
The MHL must meet all the requirements for qualifications, including
initial and periodic training, if such training is made available
by COAH or the DCA.
4.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Englewood Cliffs, including the following responsibilities which
may not be contracted out to the Administrative Agent:
(a)
Serving as the municipality's primary point of contact for all
inquiries from the State, affordable housing providers, Administrative
Agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability
controls;
(c)
When applicable, supervising any contracting Administrative
Agent;
(d)
Monitoring the status of all restricted units in the Borough's
Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required;
(f)
Coordinating meetings with affordable housing providers and
Administrative Agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ), if such continuing education opportunities are made available
by COAH or the DCA.
b.
The Borough of Englewood Cliffs shall designate by resolution of
the Borough Council, subject to the approval of the Court, one or
more Administrative Agents to administer newly constructed affordable
units in accordance with N.J.A.C. 5:93 and UHAC.
c.
The Borough Administrative Agent shall monitor the designated Administrative
Agent of the developer in the initial sales and rental transactions
for very-low, low- and moderate- income dwellings in accordance with
N.J.A.C. 5:80-26.14, as it may be amended or superseded. The developer's
administrative agent shall have all of responsibilities as put forth
in this rule. After the initial sales and rental transactions, the
Borough Administrative Agent shall monitor the activities of the developer's
or owner's Administrative Agent for any re-sales or re-rentals. If
the person is the Borough's Administrative Agent, then he or she shall
assume all of the duties and responsibilities set forth in N.J.A.C.
5:80-26.14 following the initial renting, sales and occupancy of low-
and moderate-income dwellings. The affordability controls set forth
in this section shall be administered and enforced by the Administrative
Agent regardless of association. The primary responsibility of the
Administrative Agent shall be to ensure that the restricted units
are sold or rented, as applicable, only to very-low, low- and moderate-income
households in accordance with the Fair Housing Act.
d.
The Administrative Agent, whether the Borough's representative, developer's
agent, or a delegated agent, shall have the responsibility to income
qualify low and moderate-income households, to place income eligible
households in low- and moderate-income units upon initial occupancy,
to provide for the initial occupancy of low- and moderate-income units
with income qualified households, to continue to qualify households
for re-occupancy of units as they become vacant during the period
of affordability controls, to assist with advertising and outreach
to low- and moderate-income households, and to enforce the terms of
the deed restriction and mortgage loan. All Administrative Agents
shall provide counseling services to low- and moderate-income applicants
on subjects such as budgeting, credit issues, mortgage qualification,
rental lease requirements and landlord/tenant law.
e.
Nothing herein shall preclude the Developer of the Municipally Sponsored
Project or of any inclusionary project to ask the Borough to assent
to the developer retaining its own administrative agent at its own
expense and nothing shall prevent the Borough from granting its assent
provided that the developer's Administrative Agent is a qualified
and experienced Administrative Agent approved in advance by the Borough
and the Court, and reports periodically to the Borough's Municipal
Housing Liaison as that Liaison may require.
f.
The Municipal Housing Liaison shall supervise the work of the Administrative
Agent(s) and shall coordinate his or her activities with the Borough
Administrative Agent to ensure the accurate tracking of the progress
of the occupancy of affordable housing in the municipality, answer
inquiries regarding affordable housing from the public or direct same
to the appropriate official or agency, and assist in the compliance
with the affordable housing monitoring and reporting requirements
of the Court and the Settlement Agreement.
g.
In order to ensure an orderly transfer of control responsibility
from one Administrative Agent to another Administrative Agent, or
other transfer, the requirements as set forth in N.J.A.C. 5:80-26.17
shall apply as are necessary before or during the transition. The
Administrative Agent's enforcement responsibility for implementing
such practices and procedures shall not be delegated or otherwise
transferred to any other party, except to a successor administrative
agent.
The Borough Administrative Agent shall keep records of the affirmative
marketing activities undertaken in accordance with the affirmative
marketing plan established by any developer's Administrative Agent.
The records shall include, but not be limited to, the following:
1.
Electronic reporting of affordable housing activity; any required
paper forms.
2.
Copies of any press releases, brochures, flyers, print advertisements
and application forms used in the affirmative marketing program.
3.
The income and demographic characteristics of each household applying
for and occupying income-restricted housing.
4.
An evaluation of any necessary adjustments required to the affirmative
marketing program as communicated by the Administrative Agent.
h.
An Operating Manual shall be provided by the Administrative Agent(s)
to be adopted by resolution of the governing body. The Operating Manuals
shall be available for public inspection in the Office of the Municipal
Clerk and in the office(s) of the Administrative Agent(s).
i.
The Administrative Agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, and shall have
authority to take all actions necessary and appropriate to carry out
its responsibilities, which includes:
1.
Records retention.
2.
Resales and re-rentals.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or re-rental;
(b)
Instituting and maintaining an effective means of communicating
information to very-low-, low-, or moderate-income households regarding
the availability of restricted units for resale or re-rental.
3.
Processing requests from unit owners.
(a)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to refinance or take out home
equity loans during the term of their ownership that the amount of
indebtedness to be incurred will not violate the terms of this section;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the depreciated cost of central air conditioning
systems;
(c)
Notifying the Borough of an owner's intent to sell a restricted
unit; and
(d)
Making determinations on requests by owners of restricted units
for hardship waivers.
4.
Enforcement.
(a)
Securing annually from the municipality a list of all affordable
ownership units for which tax bills are mailed to absentee owners,
and notifying all such owners that they must either move back to their
unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
Posting annually in all rental properties, including two-family
homes, a notice as to the maximum permitted rent together with the
telephone number of the Administrative Agent where complaints of excess
rent or other charges can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units reminding them of the notices and requirements outlined in N.J.A.C.
5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the Borough's Affordable Housing Trust Fund; and
(f)
Creating and publishing a written operating manual for each
affordable housing program administered by the Administrative Agent,
to be approved by the Court, setting forth procedures for administering
the affordability controls.
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ).
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
b.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1.
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11
alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
(a)
A fine of not more than $10,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
(b)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Borough of Englewood Cliffs Affordable Housing
Trust Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
2.
The municipality may file a court action in the Superior Court seeking
a judgment, which would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any judgment shall be enforceable as if the same were a judgment of
default of the First Purchase Money Mortgage and shall constitute
a lien against the low- and moderate-income unit.
(a)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any First Purchase Money Mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
(b)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the First Purchase Money Mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for and to the extent of such deficiency, in
addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(c)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(d)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the First Purchase Money Mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the First Purchase Money Mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the First Purchase Money Mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(e)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(f)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
On the first anniversary of the execution of this Agreement, and
every anniversary thereafter through the end of this Agreement, the
Borough agrees to work with the Special Master so that the Special
Master may provide annual reporting of the status of all affordable
housing activity within the municipality through the posting on the
municipal website, with a copy of such posting provided to Fair Share
Housing Center, using monitoring forms provided by FSHC.
b.
On the first anniversary of the Court's approval of the Spending
Plan, and on every anniversary of that date thereafter through July
1, 2025, the Borough agrees to work with the Special Master so that
the Special Master may provide annual reporting of trust fund activity
to Fair Share Housing Center and for posting by the Borough on the
municipal website, using monitoring forms provided by FSHC. The reporting
shall include an accounting of all housing trust fund activity, including
the source and amount of funds collected and the amount and purpose
for which any funds have been expended.
c.
The Fair Housing Act includes two provisions regarding action to
be taken by the Borough during its ten-year repose period. The Borough
agrees to comply with those provisions as follows:
1.
For the midpoint realistic opportunity review required pursuant to
N.J.S.A. 52:27D-313, which has passed without the Borough preparing
a report, the Borough shall work with the court-appointed Special
Master so that the Special Master may prepare a midpoint report as
part of the second annual reporting required in paragraph a, above.
The Borough shall post on its municipal website, with a copy provided
to Fair Share Housing Center, a status report as to its implementation
of the Plan and an analysis of whether any unbuilt sites or unfulfilled
mechanisms continue to present a realistic opportunity and whether
any mechanisms to meet unmet need should be revised or supplemented.
Such posting shall invite any interested party to submit comments
to the municipality, with a copy to Fair Share Housing Center, regarding
whether any sites no longer present a realistic opportunity and should
be replaced, and whether any mechanisms to meet unmet need should
be revised or supplemented. Any interested party may by motion request
a hearing before the court regarding these issues.
2.
For the review of very-low-income housing requirements required by
N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of
the Settlement Agreement dated October 8, 2020, between the Borough
of Englewood Cliffs and Fair Share Housing Center, and every third
year thereafter, the Borough shall work with the Special Master so
that the Special Master may provide to the Borough to post on its
municipal website, with a copy provided to Fair Share Housing Center,
a status monitoring report as to its satisfaction of its very-low-income
requirements, including the family very-low-income requirements referred
to in the Settlement Agreement. Such posting shall invite any interested
party to submit comments to the municipality and Fair Share Housing
Center on the issue of whether the municipality has complied with
its very low income housing obligation under the terms of the Settlement
Agreement.
3.
In addition to the foregoing postings, the Borough may also elect
to file copies of its reports with COAH or its successor agency at
the State level.
[Pursuant to a settlement agreement entered into between
the Borough and the Fair Share Housing Center dated October 8, 2020
and conditioned upon approval from the Superior Court of the State
of New Jersey. Borough document labeled Ord. No. 20-20.]
Appeals from all decisions of an Administrative Agent designated
pursuant to this section shall be filed with the Superior Court of
New Jersey, Bergen County.
[1]
Editor's Note: See also Section 30-8e2, pertaining to conditional
uses for mobile cellular communications towers.
[Ord. #9715, § 3]
a.
New Towers and Antennas. All new towers and/or antennas in the Borough of Englewood Cliffs shall be subject to these regulations, except as provided in subsections 30-20.1b through d inclusive.
b.
Amateur Radio Station Operators/Receive Only Antennas. This section
shall not govern any tower or the installation of any antenna that
is owned and operated by a Federally-licensed amateur radio operator
or is used exclusively for receive only antennas.
c.
Preexisting Towers or Antennas. Preexisting towers and preexisting
antennas are not required to meet the requirements of this ordinance
other than the requirements of subsection 30-20.2d, absent any enlargement
or structural modification of the addition of any structures.
[Ord. #9715, § 4]
a.
Mobile cellular communications towers shall be considered a principal
use on the subject property. Mobile cellular communications antennas
shall be considered an accessory use on the subject property unless
the principal use that the satellite antenna serves is not located
on the subject property.
b.
Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with zone development regulations, including
but not limited to setback and other bulk requirements, the dimensions
of the entire lot shall control, even though the antenna or tower
may be located on leased parcels within such lot.
c.
Inventory of Existing Sites. Each applicant for a mobile cellular
communication tower shall provide an inventory of its existing towers,
or sites approved for towers that are either within the jurisdiction
of the Borough of Englewood Cliffs or within three miles of the border
thereof, including specific information about the location, height,
and design of each tower. Such information may be shared with other
applicants applying for administrative approvals or permits under
this section or other organizations seeking to locate towers within
the jurisdiction of the Borough of Englewood Cliffs, provided, however,
that the Borough is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
d.
State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency
of the State or Federal government with the authority to regulate
towers. If such standards and regulations are changed, then the owners
of the towers governed by this ordinance shall bring such towers into
compliance with such revised standards and regulations within six
months of the effective date of such standards and regulations, unless
a different compliance schedule is mandated by the controlling State
or Federal agency. Failure to bring towers into compliance with such
revised standards and regulations shall constitute grounds for the
removal of the tower at the owner's expense.
e.
Not Essential Services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities, or private utilities.
f.
Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Borough of Englewood Cliffs
have been obtained and shall file a copy of all required franchises
with the Borough of Englewood Cliffs.
g.
Signs. No signs shall be allowed on an antenna or tower.
h.
Structural Integrity.
1.
On or before the 1st of January next following the issuance of a
conditional use permit for a mobile cellular communications tower,
and on or before each and every January 1st next ensuing, the owner
or operator of such tower shall file in the office of the Construction
Code Official, with a copy to be filed with the Borough Engineer,
a written report from a licensed professional engineer certifying
to the structural integrity of the tower and that all antennas mounted
thereon are secure and that they meet applicable minimum safety requirements.
2.
The written report required in paragraph h1 hereinabove shall also
be filed within 20 days of the date that there is any modification
or repair of an existing tower or that there is any notification of
the placement of antennas on the tower.
3.
If such owner or operator shall fail to file the written report when
due as required hereunder, the conditional use permit issued for the
tower shall automatically be revoked and the construction code office
shall notify the owner or operator, in writing of such revocation.
Any continued use of the tower following notice of revocation shall
constitute a separate violation.
4.
Any mobile cellular communications tower which has not been used
for mobile communications purposes for a period of one year shall
be considered abandoned, upon which the Construction Code Official
shall, in writing, notify the owner or operator of such abandonment.
Upon receipt of such notice of abandonment, the owner shall, within
30 days of such notification, at its sole cost and expense, remove
the tower and any other structures on the site and restore the site
to the condition it was in before the conditional use permit was issued.
If the owner or operator shall fail to remove the tower and restore
the site as herein required, such failure shall constitute a violation
of this section. For each date beyond the thirty-day removal and restoration
period that said owner or operator has failed to remove the tower
and restore the site, same shall constitute a separate violation.
[Ord. #9715, § 6]
A mobile cellular communications tower may be erected or constructed
on property within the I and B-2 zones of the borough as long as it
meets the following conditional use standards:
a.
Any mobile cellular communications tower shall be located a minimum
distance of 500 feet from any residential parcel or lot and 500 feet
from any of the following structures or uses: public and private schools,
libraries, senior citizen housing, or from any historic district or
historic site, as designated on the National and/or State Register
of Historic Places or as promulgated in the Englewood Cliffs Master
Plan.
b.
No more than one mobile cellular communications tower may be erected
or constructed on any one lot, site or tract of land. There shall
not be more than one such tower located within a three mile radius
of another tower within the Borough of Englewood Cliffs.
c.
Minimum setback of the tower from any property line shall be equal
to the height of the tower plus 10 feet. This standard shall serve
as the minimum setback based upon the so-called "fall down" provision
in the event of a catastrophe.
d.
Minimum Lot Area or Lease Area. The minimum lot area or lease area
shall be computed as follows: π (r + 10)2 where π = 3.1416 and r is equal to the maximum height of the
tower.
e.
Minimum Lot Width. The minimum lot width of the tower site or leased
area shall be equal to the square root of the minimum lot area.
f.
Maximum Lot Coverage. The maximum lot coverage shall be limited to
10% of the lot area or lease area.
g.
Maximum Height of Tower. (Measured from ground level to highest vertical
point on any part of the structure.) - 100 feet.
h.
The site on which the tower and any accessory buildings or structures
are situated shall be completely enclosed with a fence at least six
feet high, of composition meeting the approval of the Planning Board,
which shall include a locking security gate.
i.
An area of 25 linear feet in all directions at the base of the communications
tower shall be free and clear of all buildings and structures.
j.
Said mobile cellular communications antenna or tower shall have direct
access to an improved and approved public street.
[Ord. #9715, § 7]
a.
Information Required. In addition to any information required for
applications for conditional use for a conditional use permit for
a mobile communication tower shall submit the following information:
1.
A scaled site plan clearly indicating the location, type and height
of the proposed tower, on-site land uses and zoning, adjacent land
uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and separation distances from
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking, and other information deemed to be necessary
to assess compliance with this ordinance.
2.
Legal description of the entire tract and leased parcel (if applicable).
3.
The setback distance between the proposed tower and the nearest residential
unit.
4.
The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsections 30-20.2b and 30-20.4c shall be shown on the site plan map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
5.
All existing and proposed landscaping including the amount and specific
landscape materials.
6.
Method of fencing, and finished color and, if applicable, the method
of camouflage and illumination.
7.
A notarized statement by the applicant as to whether the construction
of the tower will accommodate collocation of additional antennas for
future users.
8.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
9.
A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers
or structures to provide the services to be provided through the use
of the proposed new tower.
10.
A description of the feasible location(s) of future towers or antennas
within the Borough of Englewood Cliffs based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
11.
A visual study depicting where, within a three mile radius, any portion
of the proposed tower will be seen.
[Ord. #9715, § 8]
a.
No building permit shall be issued for the construction, erection
or installation of a mobile cellular communications tower unless conditional
use approval and site plan approval have been granted by the Planning
Board or the Board of Adjustment, where applicable.
b.
For a conditional use approval for a mobile cellular communications tower, the applicant shall comply with the application requirements set forth in Section 30-8 of the Borough's Zoning Ordinance.
c.
Upon filing of a completed application for a mobile cellular communications
antenna or tower as a conditional use, the Planning Board shall conduct
a public hearing in accordance with the Municipal Land Use Law.
d.
The applicant shall give notice of such hearing as provided by law.
e.
A list of property owners to whom the applicant is required to give
notice shall be furnished to the applicant in accordance with the
provisions of subsection 30-9.3. The Planning Board's decision on
such application shall be in accordance with the provisions of subsection
30-9.3. Publication of such decisions shall be in accordance with
subsection 30-9.3.
f.
In granting a conditional use permit, the approving authority may
impose conditions to the extent the approving authority concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
g.
An applicant conditional use permit shall submit the information
described required by this section and a nonrefundable application
fee and an escrow deposit as required by the Borough for conditional
use applications as herein established.
[Ord. #9715, § 9]
b.
An environmental impact statement, prepared by a licensed engineer,
a licensed planner and other related professionals shall be submitted
to the approving authority.
c.
A report from a professional engineer or other qualified expert witness
shall be provided which shall include:
1.
A description of the tower and the technical and other reasons for
the tower's design and height.
2.
Information and documentation to establish that the tower has sufficient
structural integrity for the proposed uses at the proposed location,
and meets or exceeds minimum safety requirements and margins established
by the Federal Communications Commission and the Borough's Building
Code.
3.
Information and documentation describing the general capacity of
the tower in terms of the number and type of antennas it is designed
to accommodate, including the extent to which additional equipment
can be mounted on the tower and the types of equipment which can be
accommodated.
4.
Information and documentation describing the elevation of the proposed
tower and accessory building or structure, if any, and describing
all proposed antennas, platforms, finish materials and other accessory
equipment.
[Ord. #9715, § 10]
a.
Any property owner shall, prior to the placement of a satellite antenna
on the subject property, submit to the Construction Code Official,
a plan showing the size of the satellite antenna, the proposed location
of same on the subject premises, and such other information as may
be required herein.
b.
The Construction Code Official shall review said plan and render
a decision within 21 days of the submission of said plan or within
such further time as may be consented to by the property owner.
c.
If the satellite antenna requires action by the Planning Board or
the Board of Adjustment, the Construction Code Official shall advise
the applicant within a twenty-one-day period.
d.
Waiver. The provisions of this section shall not apply if the satellite
base station antenna is constructed in a residential zone and is one
meter or less in diameter or if the satellite base station antenna
is constructed in a commercial zone and is two meters or less in diameter.
[Ord. #9715, § 11]
The plat plan shall be drawn on a map to scale not smaller than
one inch equals 40 feet and not larger than one inch equals 10 feet
and shall include the following information:
a.
The name and address of the applicant and owner and the name, address
and title of the person preparing the plan and accompanying date,
the date of preparation, and the date of each revision where applicable.
b.
An appropriate place for the signature of the Construction Official,
Borough Engineer and approving authority chairperson, where applicable.
c.
The lot and block number(s) of the subject property from the Borough
tax maps and the length and bearings of the lot lines of the proposed
lot or parcel.
d.
The location, pavement and right-of-way widths, and names of all
existing and proposed streets abutting the lot or lots in question,
the property lines of all streets abutting properties together with
the names and addresses as disclosed on the Borough tax map and tax
rolls as of the date of the application, and the location of existing
buildings within 200 feet of the site in question.
e.
All existing buildings and structures and all accessory buildings
or structures on the lot, if any, with dimensions showing the present
finished grade elevations at all corners.
f.
All existing and proposed setback dimensions, landscape areas, trees
of six inch caliper or greater on the site affected by the proposed
apparatus.
g.
Existing and proposed plantings to provide screening to prevent noise,
glare and improve aesthetic considerations.
h.
Location of wetlands and wetland buffers, if any, as determined by
an LOI prepared by the New Jersey Department of Environmental Protection
or a qualified wetlands expert licensed by the State of New Jersey.
i.
Any and all other information necessary to meet the requirements
as listed herein.
[Ord. #9715, § 12]
a.
A mobile cellular communications satellite or a satellite antenna
that is one meter or less in diameter is permitted in any area or
zone within the Borough of Englewood Cliffs as a matter of right regardless
of land use or zoning category.
b.
A satellite antenna that is two meters or less in diameter and is
located or proposed to be located in any nonresidentially zoned area
shall also be permitted in the Borough of Englewood Cliffs.
c.
All satellite antennas which exceed two meters in diameter shall
be established as conditional uses and subject to site plan review
by the Englewood Cliffs Planning Board. Mobile cellular communications
antenna exceeding two meters but less than 11 meters shall be permitted
as conditional uses only in the B-2, B-3, B4 and I zones only.
d.
Satellite antennas which exceed 11 feet in diameter shall be permitted
as conditional uses only in the I zone.
e.
All satellite antennas in a residential zone of more than one meter
will require a "c" or bulk variance. Said antenna must be mounted
only in a pit or berm and provided with suitable screening. Said application
shall also be subject to site plan approval and shall be required
to be reviewed by the Borough Engineer and Borough Planner.
Said satellite antennas shall be restricted to the following:
1.
May be located only in the rear yard area and must meet the minimum
setback requirements for accessory buildings within the particular
zone. Said antenna shall not be located in a mandatory buffer zone
or area.
2.
The bottom of the satellite dish shall not be higher than 24 inches
above the ground, where located.
3.
Antenna shall be designed and be used only by occupants, tenants
and residents of the principal building on the subject premises. Any
connection, electrical or otherwise, to adjacent properties shall
be deemed a violation of the setback provisions thereof.
[Ord. #9715, § 13]
The Construction Code Official of the Borough of Englewood Cliffs
is hereby designated as the public officer charged with the enforcement
of the terms for satellite antennas. All complaints for alleged violation
of any of the terms of this section shall be submitted in writing
to said Construction Official.
[Ord. #9715, § 14]
Any person who violates any provision of this section shall,
for each and every violation thereof, and for each and every day that
said violation continues to be in existence, be subject to a fine
of not more than $100 per violation at the discretion of the magistrate
of the Borough of Englewood Cliffs.
[Ord. #9715, § 15]
An application for a satellite antenna in a residential zone
exceeding one meter shall be filed with an application fee of $500
for a permit to install same. An application for a satellite antenna
in a commercial zone exceeding two meters shall be filed with an application
fee of $500 for a permit to install same.
Any application for a satellite tower or a mobile cellular communication
tower shall require a filing fee of $2,500.
[Ord. #9715, § 16]
Where an application is made to the Planning Board or Board
of Adjustment, the following escrow fees shall be filed consistent
with the terms and conditions of this section.
a.
Preliminary Site Plan Approval.
1.
Legal Escrow. $200 for each 2,000 square feet or part thereof of
the lot area to be developed, together with $250 for every 500 square
feet of proposed principal and accessory buildings and parts thereof.
2.
Engineering Escrow. $500 for each 12,000 square feet or part thereof
of the lot area to be developed, together with $250 for every 500
square feet of proposed principal and accessory buildings and structures
or part thereof.
3.
Planning Escrow. $500 for each 2,000 square feet or part thereof
of the lot area to be developed, together with $250 for every 500
square feet of proposed principal and accessory buildings and structures
or part thereof.
b.
Final Site Plan Approval.
1.
Engineering and Planning Escrow. $250 for each 2,000 square feet
or part thereof of the lot area to be developed, together with $200
for every 500 square feet of proposed principal and accessory buildings
and structures or part thereof for each of the engineering and professional
planning reviews.
2.
Legal Escrow. $500 for each 2,000 square feet or part thereof of
the lot area to be developed, together with $300 for every 500 square
feet of proposed principal and accessory buildings and structures
or part thereof.
[Ord. #9715, § 17]
The following escrow fees shall be filed in conjunction with
the review of a conditional use mobile cellular communications tower
as required herein.
|
Engineering
|
$1,000
|
|
Planning
|
$1,500
|
|
Legal
|
$1,500
|
[Ord. #9909, § 2]
The purpose of this section is to establish general guidelines
for the siting of wireless communication towers and antennas. The
goals of this section are to: (1) protect residential areas and land
uses from potential adverse impacts of towers and antennas; (2) encourage
the location of towers in nonresidential areas; (3) minimize the total
number of towers throughout the community; (4) strongly encourage
the joint use of new and existing tower sites as a primary option
rather than construction of additional single-use towers; (5) encourage
users of towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal; (6)
encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques; (7) enhance the ability of the providers
of telecommunications services to provide such services to the community
quickly, effectively, and efficiently; (8) consider the public health
and safety with communications towers; and (9) avoid potential damage
to adjacent properties from tower failure through engineering and
careful siting of tower structures. In furtherance of these goals,
the Borough of Englewood Cliffs shall give due consideration to the
Borough of Englewood Cliff's Master Plan, Zoning Map, existing land
uses, and environmentally sensitive areas in approving sites for the
locations of towers and antennas.
[Ord. #9909, § 3]
b.
Amateur Radio Station Operators/Receive Only Antennas. This section
shall not govern any tower or the installation of any antenna that
is owned and operated by a Federally-licensed amateur radio operator
or is used exclusively for receive only antennas.
c.
Preexisting Towers or Antennas. Preexisting towers and preexisting
antennas are not required to meet the requirements of this ordinance
other than the requirements of subsection 30-21.4d, absent any enlargement
or structural modification of the addition of any structures.
[Ord. #9909, § 4]
a.
Wireless communication towers shall be considered a principal use
on the subject property if there are no other principal uses on the
site.
Wireless communication towers shall be considered an accessory
use on the subject property where the tower is accessory, in any way,
if it is used with any municipal use on the site.
b.
Lot Size. For purposes of determining whether the installation of
a wireless communication tower antenna complies with zone development
regulations, including but not limited to setback and other bulk requirements,
the dimensions of the entire lot shall control, even though the tower
may be located on leased parcels within such lot.
c.
Inventory of Existing Sites. Each applicant for a wireless communication
tower shall provide an inventory of its existing towers, or sites
approved for towers that are either within the jurisdiction of the
Borough of Englewood Cliffs or within three miles of the proposed
site within the State of New Jersey, including specific information
about the location, height, and design of each tower. Such information
may be shared with other applicants applying for administrative approvals
or permits under this section or other organizations seeking to locate
towers within the jurisdiction of the Borough of Englewood Cliffs,
provided, however, that the Borough is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
d.
State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency
of the State or Federal government with the authority to regulate
towers. If such standards and regulations are changed, then the owners
of the towers governed by this ordinance shall bring such towers into
compliance with such revised standards and regulations within six
months of the effective date of such standards and regulations, unless
a different compliance schedule is mandated by the controlling State
or Federal agency. Failure to bring towers into compliance with such
revised standards and regulations shall constitute grounds for the
removal of the tower at the owner's expense.
e.
Not Essential Services. Towers and antennas shall be regulated and
permitted pursuant to this ordinance and shall not be regulated or
permitted as essential services, public utilities, or private utilities.
f.
Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Borough of Englewood Cliffs
have been obtained and shall file a copy of all required franchises
with the Borough of Englewood Cliffs.
g.
Signs. No signs shall be allowed on an antenna or tower.
h.
Structural Integrity. Prior to the issuance of a building permit
for the construction of a wireless communication tower or for the
installation of an antenna by collocators on said tower, the applicant
for such permit shall file in the office of the Construction Code
Official, with a copy to be filed with the Borough Engineer, a written
report confirming that the structural integrity of the tower meets
the applicable safety standards of the latest Building Official's
and Code Administrator's International, Incorporated (BOCA) design
specifications as well as those of the Telecommunications Industry
Association/Electronic Industry's Association (TIA/EIA).
i.
Any wireless communications tower which has not been used for mobile
communications purposes for a continuous period of one year shall
be considered abandoned, upon which the Construction Code Official
shall, in writing, notify the owner or operator of such abandonment.
Upon receipt of such notice of abandonment, the owner shall, within
30 days of such notification, at its sole cost and expense, remove
the tower and any other structures on the site and restore the site
to the condition it was in before the permit was issued. If the owner
or operator shall fail to remove the tower and restore the site as
herein required, such failure shall constitute a violation of this
section. For each date beyond the thirty-day removal and restoration
period that said owner or operator has failed to remove the tower
and restore the site, same shall constitute a separate violation.
If there are two or more users of a single tower, this provision
shall not become effective until all users cease using the tower.
j.
Cable Microcell Networks. If a cable microcell network is proposed,
all cables, wires, and equipment shall be located so that they do
not interfere with the municipal fire alarm equipment and cable system.
Applications for cable microcell network systems must be reviewed
and approved by the Fire Department and Construction Department of
the Borough of Englewood Cliffs as prior approvals before issuance
of required construction permits.
[Ord. #9909, § 5; Ord. #2002-04, §§ I,
II]
a.
General. Wireless communication towers, antennas, and related equipment
shall be located in the following areas:
1.
Antennas Located on Towers. Antennas for the reception and/or transmission
of signals, located on towers, the tower structures and equipment
cabinets and buildings shall only be permitted uses on Tax Lots 4
and 5 in Block 513 and Lot 3 in Block 412 and within the I-Institutional
zone (Block 1302, Lot 5), of the Borough of Englewood Cliffs.
2.
Legal Description of a portion of Tax Lot 4 in Block 513. Beginning
at a point on the southerly right-of-way line of Kahn Terrace (50
feet wide), said point being N 53° 27' 17" W, 100 feet from its
intersection with the westerly right-of-way line of Hudson Terrace
(60 feet wide). Said point further being described as the intersection
of the division line of Lots 4 & 5, Block 513 with the southerly
right-of-way line of Kahn Terrace and running thence;
(a)
S 36° 32' 43" W, 98 feet along the division line of Lots
4 & 5, Block 513 to a point thence;
(b)
N 53° 27' 17" W, 4.62 feet to a point, thence;
(c)
N 36° 32' 43" E, 98 feet to a point on the southerly right-of-way
line of Kahn Terrace, thence;
(d)
S 53° 27' 17" E, 4.62 feet along the southerly right-of-way
line of Kahn Terrace to the point or place of BEGINNING.
Containing 453 square feet.
3.
Legal Description of a portion of Tax Lot 5 in Block 513. Beginning
at a point on the southerly right-of-way line of Kahn Terrace (50
feet wide), said point being N 53° 27' 17" W, 100 feet from its
intersection with the westerly right-of-way line of Hudson Terrace
(60 feet wide). Said point being further described as the intersection
of the division line of lots 4 & 5, Block 513 with the southerly
right-of-way line of Kahn Terrace and running, thence;
(a)
S 36° 32' 43" W, 98 feet along the division line of Lots
4 & 5, Block 513 to a point, thence;
(b)
S 53° 27' 17" E, 9.55 feet to a point, thence;
(c)
N 36° 32' 43" E, 98 feet to a point on the southerly line
of Kahn Terrace, thence;
(d)
N 53° 27' 17" W, 9.55 feet along the southerly line of Kahn
Terrace to the point or place of BEGINNING.
Containing 938 square feet.
b.
Prohibited Locations. No antennas for the reception and/or transmission of signals, tower structures and equipment cabinets may be located within any site other than portions of Lots 4 and 5 in Block 513 as described in subsection 30-21.4a2 and 3 herein and Lot 3 in Block 412 and within the I-Institutional zone, Lot 5 in Block 1302 of the Borough of Englewood Cliffs.
c.
Additional Locational Requirements. Any wireless communications tower
shall be located at a minimum distance of 500 feet from any residential
parcel or lot and 500 feet from any of the following structures or
uses: public and private schools, libraries, senior citizen housing,
or from any historic district or historic site, as designated on the
National and/or State registry of historic places or as promulgated
in the Englewood Cliffs Master Plan.
No more than one wireless communication tower may be erected
or constructed on any one lot, site or tract of land. There shall
not be more than one such tower located within a three mile radius
of another tower within the Borough of Englewood Cliffs.
These standards shall not apply where the proposed tower is
located on municipally owned land except parklands, lands utilized
for preservation and historic sites as noted on the State or National
Registry of Historic Sites.
[Ord. #9909, § 6]
a.
Information Required. In addition to any information required for
applications for site plan approval, applications for a wireless communication
tower shall submit the following information:
1.
A scaled site plan clearly indicating the location, type and height
of the proposed tower, on-site land uses and zoning, adjacent land
uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and separation distances from
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking, and other information deemed to be necessary
to assess compliance with this ordinance.
2.
Legal description of the entire tract and leased parcel (if applicable).
3.
The setback distance between the proposed tower and the nearest residential
unit.
4.
The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsections 30-21.3c and 30-21.4 shall be shown on the site plan map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
5.
All existing and proposed landscaping including the amount and specific
landscape materials.
6.
Method of fencing, and finished color and, if applicable, the method
of camouflage and illumination.
7.
A notarized statement by the applicant as to whether the construction
of the tower will accommodate collocation of additional antennas for
future users.
8.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
9.
A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers
or structures to provide the services to be provided through the use
of the proposed new tower.
10.
A description of the feasible location(s) of future towers or antennas
within the Borough of Englewood Cliffs based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
11.
A visual study if requested by the Planning Board at distances from
the site not to exceed 1/4, 1/2 and one mile, shall be provided.
[Ord. #9909, § 7; Ord. #2002-04, §§ III,
IV]
a.
Height. The maximum height of any tower erected within the P-1 zone
and I-Institutional zone shall be 130 feet.
b.
Setbacks.
1.
The minimum setback of the tower from any property line within the
P-1 zone shall be equal to or greater than 10 feet from a property
line and shall be equal to or greater than 25 feet from a street right-of-way
line.
2.
The minimum setback of the tower from any property line within the
I-Institutional zone shall be equal to 30 feet plus the height of
the tower.
c.
Maximum Lot Coverage.
1.
P-1 Zone. The maximum lot coverage of any wireless communication
tower and equipment cabinets and/or structures within the P-1 zone
shall be limited to 10% of the lot area.
2.
I-Institutional Zone. The maximum lot coverage of any wireless communication
tower and equipment cabinets and/or structures within the I-Institutional
zone shall be limited to 8% of the lot area.
d.
The site on which the tower and any accessory buildings or structures
are situated shall be completely enclosed with a fence at least six
feet high, of composition meeting the approval of the Planning Board,
which shall include a locking security gate and an appropriate anticlimbing
device, provided that the municipal board having jurisdiction may
waive or modify such requirement as it deems appropriate.
e.
Said wireless communications antenna or tower shall have direct access
to an improved and approved street.
f.
Landscaping. The following requirements shall govern landscaping
surrounding towers.
g.
Buildings or Other Equipment Storage.
1.
Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with towers shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 400 square
feet of gross floor area or be more than 12 feet in height. The maximum
requirement of 400 square feet of gross floor area shall be limited
to the equipment cabinet of one wireless communication user. In addition,
the cabinet or structure shall not exceed the maximum allowable height
for the buildings in the zone district in which the antenna is located.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures,
whether associated with the antennas or for other purposes, shall
not occupy more than 50% of the roof top area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable construction codes.
(d)
All building mounted antennas, used for the transmission of
signals, shall be installed with a safety interruption device, capable
of stopping antenna transmissions if any object comes within the signal
path for more than 0.20 seconds.
(e)
Access to all building mounted antennas and supporting equipment
shall be secured from the general public. The applicant shall install
alarms on access hatches and doors or install protective fencing,
as directed by the Construction Official.
2.
Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following:
(a)
The equipment cabinet or structure shall not be located within
any right-of-way under the control of the Borough of Englewood Cliffs.
(b)
The structure or cabinet shall not be located in any required
front yard setback.
(c)
The equipment cabinet shall be screened by an evergreen hedge
with an ultimate minimum height of eight feet and a planted height
of at least five feet.
h.
Minimum Lot Area. Minimum lot area and lot width for wireless communication
towers in the I-Institutional zone is added to the ordinance as follows:
Minimum lot area and lot width for wireless communication towers
in the I-Institutional zone shall be a minimum of 26,000 square feet
for the minimum lot area and a minimum lot width of 200 feet.
i.
Aesthetics. Towers and antenna shall meet the following requirements:
1.
Towers shall be painted a neutral color so as to reduce visual obtrusiveness,
subject to any applicable standards of the FAA.
2.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
3.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
4.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
[Ord. #9909, § 8]
a.
No building permit shall be issued for the construction, erection
or installation of a wireless communications tower unless site plan
approval has been granted by the Planning Board or the Board of Adjustment,
where applicable.
b.
Upon filing of a completed application for a wireless communications
antenna or tower, the Approving Authority shall conduct a public hearing
in accordance with the Municipal Land Use Law.
c.
The applicant shall give notice of such hearing as provided by law.
d.
A list of property owners to whom the applicant is required to give
notice shall be furnished to the applicant in accordance with the
provisions of subsection 30-9.3. The Approving Authority's decision
on such application shall be in accordance with provisions of subsection
30-9.3. Publication of such decisions shall be in accordance with
subsection 30-9.3.
e.
In granting approval for such application, the Approving Authority
may impose such conditions to the extent the Approving Authority concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
f.
An applicant for approval shall submit the information required by
this section and a nonrefundable application fee and an escrow deposit
as required by the Borough for such applications as herein established.
[Ord. #9909, § 9]
Lots 4 and 5 in Block 513 and Lot 3 in Block 412 are hereby
rezoned from the B-4 and B-2 zone districts respectively to a newly
created public zone, designated as the P-1 zone.
[Ord. #9909, § 10; Ord. 2002-04, § V]
Lands zoned I-Institutional shall be amended to permit wireless
communication towers and antennas.
[Ord. #9909, § 11]
The plat plan shall be drawn on a map to scale not smaller than
one inch equals 40 feet and not larger than one inch equals 10 feet
and shall include the following information:
a.
The name and address of the applicant and owner and the name, address
and title of the person preparing the plan and accompanying date,
the date of preparation, and the date of each revision where applicable.
b.
An appropriate place for the signature of the Construction Official,
Borough Engineer and approving authority chairperson, where applicable.
c.
The lot and block number(s) of the subject property from the borough
tax maps and the length and bearings of the lot lines of the proposed
lot or parcel.
d.
The location, pavement and right-of-way widths, and names of all
existing and proposed streets abutting the lot or lots in question,
the property lines of all streets abutting properties together with
the names and addresses as disclosed on the Borough Tax Map and tax
rolls as of the date of the application, and the location of existing
buildings within 200 feet of the site in question.
e.
All existing buildings and structures and all accessory buildings
or structures on the lot, if any, with dimensions showing the present
finished grade elevations at all corners.
f.
All existing and proposed setback dimensions, landscape areas, trees
of six inch caliper or greater on the site affected by the proposed
apparatus.
g.
Existing and proposed plantings to provide screening to prevent noise,
glare and improve aesthetic considerations.
h.
Location of wetlands and wetland buffers, if any, as determined by
an LOI prepared by the New Jersey Department of Environmental Protection
or a qualified wetlands expert licensed by the State of New Jersey.
i.
Any and all other information necessary to meet the requirements
as listed herein.
[Ord. #9909, § 12]
a.
A mobile cellular communications satellite or a satellite antenna
that is one meter or less in diameter is permitted in any area or
zone within the Borough of Englewood Cliffs as a matter of right regardless
of land use or zoning category.
b.
A satellite antenna that is two meters or less in diameter and is
located or proposed to be located in any nonresidentially zoned area
shall also be permitted in the Borough of Englewood Cliffs.
c.
All satellite antennas which exceed two meters in diameter shall
be established as conditional uses and subject to site plan review
by the Englewood Cliffs Planning Board. Mobile cellular communications
antenna exceeding two meters but less than 11 meters shall be permitted
as conditional uses only in the B-2, B-3, B-4 and I zones only.
d.
Satellite antennas which exceed 11 feet in diameter shall be permitted
as conditional uses only in the I zone.
e.
All satellite antennas in a residential zone of more than one meter
will require a "c" or bulk variance. Said antennas must be mounted
only in a pit or berm and provided with suitable screening. Said application
shall also be subject to site plan approval and shall be required
to be reviewed by the Borough Engineer and Borough Planner.
f.
Said satellite antenna shall be restricted to the following:
1.
May be located only in the rear yard area and must meet the minimum
setback requirements for accessory buildings within the particular
zone. Said antenna shall not be located in a mandatory buffer zone
or area.
2.
The bottom of the satellite dish shall not be higher than 24 inches
above the ground, where located.
3.
Antenna shall be designed and be used only by occupants, tenants
and residents of the principal building on the subject premises. Any
connection, electrical or otherwise, to adjacent properties shall
be deemed a violation of the setback provisions thereof.
[Ord. #9909, § 13]
The Construction Code Official of the Borough of Englewood Cliffs
is hereby designated as the public officer charged with the enforcement
of the terms for satellite antennas. All complaints for alleged violation
of any of the terms of this section shall be submitted in writing
to said Construction Official.
[Ord. #9909, § 14]
Any person who violates any provision of this section shall,
for each and every violation thereof, and for each and every day that
said violation continues to be in existence, be subject to a fine
of not more than $100 per violation at the discretion of the Municipal
Judge of the Borough of Englewood Cliffs.
[Ord. #9909, § 15]
The application fee for a permit to install a satellite antenna
of one meter or less in diameter shall be $50 plus if the Construction
Code Official deems it necessary to retain any experts such as the
Borough Engineer, Borough Planner or other persons, the applicant
shall post a cash deposit which shall be determined by the Construction
Code Official to cover such costs. The filing fee for a satellite
antenna between one and two meters in diameter shall be $200. Any
satellite antenna exceeding two meters in diameter shall require a
fee of $500. In the event the applicant is required to present a site
plan before the Planning Board or the Board of Adjustment, applicable
filing fees and escrow fees shall be posted with the Borough of Englewood
Cliffs as provided herein.
Any application for a wireless communications tower shall require
a filing fee of $2,500.
[Ord. #9909, § 16]
Where an application is made to the Planning Board or Board
of Adjustment, the following escrow fees shall be filed consistent
with the terms and conditions of this section.
a.
Preliminary Site Plan Approval.
1.
Legal Escrow. $200 for each 2,000 square feet or part thereof of
the lot area to be developed, together with $250 for every 500 square
feet of proposed principal and accessory buildings and parts thereof.
2.
Engineering Escrow. $500 for each 12,000 square feet or part thereof
of the lot area to be developed, together with $250 for every 500
square feet of proposed principal and accessory buildings and structures
or part thereof.
3.
Planning Escrow. $500 for each 2,000 square feet or part thereof
of the lot area to be developed, together with $250 for every 500
square feet of proposed principal and accessory buildings and structures
or part thereof.
b.
Final Site Plan Approval.
1.
Engineering and Planning Escrow. $250 for each 2,000 square feet
or part thereof of the lot area to be developed, together with $200
for every 500 square feet of proposed principal and accessory buildings
and structures or part thereof for each of the engineering and professional
planning reviews.
2.
Legal Escrow. $500 for each 2,000 square feet or part thereof of
the lot area to be developed, together with $300 for every 500 square
feet of proposed principal and accessory buildings and structures
or part thereof.
[Ord. #2000-4; Ord. #2005-11]
a.
This section shall be entitled "Tree Preservation and Removal Ordinance
for Residential Lots in the RA, RB, and RB-1 Zone Districts, including
Residential Minor and Major Subdivisions."
b.
This section does not apply to nonresidentially zoned properties.
c.
This section does not apply to shade trees.
[Ord. #2000-04, § 2]
The Borough of Englewood Cliffs finds that the development of
unimproved land and the development or redevelopment of improved land
has resulted in the indiscriminate and excessive destruction of trees;
that preservation of same stabilizes the soil by the prevention of
erosion and sedimentation; aids in the removal of pollutants from
the air and assists in the conversion of carbon dioxide into oxygen;
filters dust, pollen and impurities from the air; helps to decrease
the amount and rate of stormwater runoff and to replenish ground water
supplies; acts to moderate extremes of temperature and to provide
shade; aids in the control of drainage and restoration of denuded
soil subsequent to construction or grading; provides a buffer and
screen against noise and pollution; provides a haven for birds and
other wildlife; and otherwise enhances the environment and aesthetically
adds beauty and spirituality to people's lives; protects and increases
property values; conserves and enhances the borough's physical and
aesthetic appearance; and protects the public health, safety and general
welfare. Furthermore, regulation of the indiscriminate removal of
trees is found to be within the police power of the borough as a means
of implementing the Borough Master Plan.
[Ord. #2000-04, § 3]
The spirit and intent of the section is to balance and preserve
the property owner's right to autonomous enjoyment of their property,
and the right of the community to protect its environmental needs,
aesthetic values and the quality of life of its residents.
To accomplish this, it is essential that the borough receive
prior notification before trees are removed, so that the parties can
attempt, in good faith, to reach a mutually satisfactory arrangement
wherever possible.
The approving authority shall endeavor to protect the rights
of all parties, and is encouraged to seek and present reasonable alternatives
when a tree is determined to be of significant aesthetic or environmental
value.
[Ord. #2000-4, § 4; Ord. #2005-11]
Approval and Enforcement.
The environmental commission shall have authority to review
applications and to grant or withhold tree removal permits; to determine
appropriate tree replacement requirements; and to monitor compliance
with this section and with the permits granted hereunder.
Shall mean a distance of 10 feet in from the side and rear
property lines of a residential lot.
Shall mean a distance of 10 feet in from the side and rear
property lines of a residential lot.
Shall mean the removal of substantially all standing trees
from a lot or portion of a lot.
Shall mean a line projected from the furthest limits of the
outermost branches of a tree vertically projected to the ground.
Shall mean the environmental chairman or the environmental
commission's designated agent.
Shall mean any individual, firm, association, partnership,
corporation or other legal entity.
Shall mean and include all of the prohibited activities specified in subsection 30-22.5.
Shall mean any tree to which the Englewood Cliffs Shade Tree
Commission Ordinance applies.
Shall mean any combination of materials forming a construction
for occupancy, use, or ornamentation, whether installed on, above,
or below the surface of a parcel of land. An accessory structure is
a structure, the use of which is incident to that of the principal
building on the parcel of land (including but not limited to driveways,
walkways, patios and pools).
Shall mean any live woody perennial plant (deciduous or conifer)
and its roots which:
Shall mean a specialist in trees and tree care.
[Ord. #2000-04, § 5]
a.
No person shall undertake or cause to be undertaken by others, any
of the following acts without first obtaining a permit as provided
herein, and in compliance with all the provisions of this section.
1.
Cut, destroy, remove, or substantially injure any tree.
2.
Place or maintain upon the ground any substance which would impede
the free access of air and water to the roots of any tree.
3.
Apply any substance to any part of a tree, including roots, with
the intention to injure or destroy the tree.
b.
Clear-cutting of land is absolutely prohibited; except in necessary
and extraordinary circumstances and then only upon application to
and approval by the Mayor and Council.
[Ord. #2000-04, § 6; Ord. #2005-11]
Exempted from the permit requirement are the following:
a.
The cutting, pruning or trimming of trees in a manner which is not
harmful to the health of the tree.
b.
Trees directed to be removed by any governmental authority, or by
a public utility authority of the State of New Jersey.
c.
Trees which are diseased or dead, or which endanger public health
or safety, or threaten damage to property. Except in case of an emergency
requiring immediate action for the safety of life or property, written
approval must first be obtained from the enforcing officer before
such trees are removed. In case of emergency, the owner shall notify
the Englewood Cliffs Police Department. An officer is to witness and
record the situation, and send a report to the commission.
d.
Any tree removed in compliance with the farmland assessment law.
e.
Any tree which is part of a nursery, garden center, Christmas tree
plantation, orchard or cemetery.
[Ord. #2000-04, § 7; Ord. #2005-11]
a.
The following criteria for tree removal shall be considered by the
approving authority:
1.
The necessity of the removal of the tree in the context of the specific
lot.
2.
The condition of the tree.
3.
The effect of the tree removal on the ecological systems.
4.
The aesthetic and environmental character existing at the site of
the tree removal with respect to existing vegetation on the property,
the immediate vicinity and the general area.
b.
Subject to the foregoing:
1.
Interior Trees. Where (1) the applicant is an individual owner currently residing on the lot; and (2) represents by affidavit (a) the intent to continue residing thereon and (b) that neither the transfer of title nor demolition of the principal building is being contemplated within 12 months following the date of the application; and (3) there has been no demolition, construction or removal of trees on the lot within 12 months precedent to the date of application; then: as respect to any trees on the lot other than those referred to in paragraphs b2 through b6 below, the approving authority shall consider the applicant's request in its most favorable light and shall have the right to waive the replacement trees as provided in subsection 30-22.9 herein unless it determines the tree or trees to be of overriding environmental or aesthetic value.
2.
Building Footprint. The applicant may remove trees (except shade
trees) located in, or within 15 feet of, the principal building footprint.
3.
Impervious Areas and Structures. The applicant may remove trees (except
shade trees) located within an area to be utilized for a driveway,
walkway, utility line or accessory structure, unless the approving
authority determines the tree or trees to be of overriding environmental
or aesthetic value.
4.
Border Areas. No tree shall be removed from border areas except upon
proof of overriding necessity. Trees in buffer areas should be preserved
even if located within 15 feet of the principal building footprint,
or within an area sought to be utilized for a driveway, walkway, utility
line or accessory structure.
5.
Frontage Areas. Trees in the area between the street line and the
front and side setback lines of the principal building shall be preserved
to the greatest extent possible.
Where trees have been removed from a border area, or from the
area between the street and the setback lines, the highest priority
should be given to tree replacement in the same area.
[Ord. #2000-04, § 8; Ord. #2005-11]
a.
An application for a tree removal permit, as required pursuant to subsection 30-22.5 of this section, shall be filed with the approving authority, and shall contain the following:
1.
Name, address and telephone number of the applicant, and of the owner
of the subject property (if different).
2.
Date of the application.
3.
Address or location and description of the property.
4.
The purpose or reason for the proposed tree removal.
5.
A site plan specifically indicating the location of the tree or trees
proposed for removal and of the remaining tree(s) to be preserved
that are six inches and over in diameter, including a graphic depiction
thereof drawn to scale and showing the location of all structures
on the property in relation to such tree or trees.
6.
The tree species, size, quantity, and diameter at point of measurement
four feet above the natural grade.
7.
The proposed date or dates for commencement and completion of the
tree removal project.
8.
The name, address, telephone number, and borough license number of
the person having express charge, supervision and/or control of the
proposed removal of trees.
9.
A grant of express, written permission to the approving authority
and enforcing officers and other borough officials, employees and
consultants, to enter upon the property to inspect the trees to be
removed and to inspect the tree removal project as the work is in
progress.
b.
The approving authority shall determine which trees may be removed
and the permit for such removal shall be issued after a final decision
is reached. The approving authority may choose to utilize professional
experts in its determination as necessary. All fees and expenses incurred
for this service shall be paid by the applicant prior to the issuance
of a building permit.
c.
The approving authority at its discretion may propose, or may require
the applicant to provide, alternative sketch plan layouts demonstrating
that the layout adequately considers and makes provision for the preservation
of existing trees. It is the intent of this section that all applications
be submitted with the preservation of trees as an important consideration.
d.
No demolition or building permit shall be issued unless the applicant
has first obtained a tree removal permit or where no tree permit is
involved, approval by the enforcing officer or the Environmental Commission.
e.
Where replacement of trees is required as hereinafter provided, for
sites not involving a certificate of occupancy (CO), the applicant
shall post a cash deposit or performance guaranty bond equal to the
estimated cost of complying with that requirement, at the time a permit
is issued.
f.
Where replacement of trees is required as hereinafter provided, for
sites involving a certificate of occupancy, a Letter of Agreement
shall substitute for a bond to guaranty replacement of trees. If the
replacement trees are not planted in accordance with the requirements
of the agreement, no CO will be granted until a cash bond to guaranty
replacement is posted.
g.
Where a bond is involved, failure to plant a replacement tree will
result in the release of the bond money to the Shade Tree Trust Fund
of Englewood Cliffs. This replacement tree will be planted on the
Borough right-of-way or any other borough property.
h.
All trees to be removed shall be flagged on the lot for identification
and shall be identified with a red ribbon encircling the trees four
feet above the ground.
[Ord. #2000-04, § 9; Ord. #2005-11; Ord. #2006-08]
As part of its review and approval process, the approving authority
may require the applicant to replace trees where removal has been
permitted or where removal has been undertaken in violation of this
section. Replacement shall be at the applicant's sole cost and expense.
The approving authority shall in all cases give due consideration
to the character of the subject property and the ability of the land
to accommodate replacement trees, and may vary or waive the replacement
guidelines if the literal enforcement is impractical or will exact
undue hardship because of conditions peculiar to the property in question.
Subject to the above, the following guidelines shall apply:
a.
Height. Replacement trees shall have a height of at least 10 feet
or 50% of the height of the removed tree, whichever is greater, at
the time of planting. A replacement tree need not exceed 12 feet in
height.
b.
Diameter. Caliper measured at a point four feet above the natural
grade. Replacement trees shall have a diameter of at least 33.3% of
the removed trees. A replacement tree need not exceed 10 inches in
diameter.
c.
Species. A deciduous or coniferous tree shall be replaced by one
or more trees of the same species unless determined otherwise by the
approving authority.
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If the applicant asserts that planting replacement trees on
the property in question would be inappropriate and the approving
authority agrees, the applicant in lieu of planting trees may be permitted
to pay the Borough for each such tree, the sum of $500 or $1,000 as
specified in the following paragraph, dependent upon the circumstances.
These funds shall be used for the purposes of planting shade trees
or other trees on Borough-owned property or other trees in the Borough.
The enforcing officer may waive these costs dependent upon the circumstances
pursuant to this section, particularly in regard to the initial impracticability
or hardship because of the conditions peculiar to the property in
question.
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For all trees of up to 18 inches in diameter, a replacement
tree which is not to be replanted on site shall require a payment
of $500. If the tree exceeds 18 inches in diameter, the fee shall
be increased to $1,000.
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Replacement in any instance is not to be considered a penalty,
but rather an implementation of the purpose of this section. It shall
not be a substitute but shall be in addition to any penalty imposed
for violation of the provisions of this section.
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[Ord. #2000-04, § 10; Ord. #2005-11; Ord. #2006-08;
Ord. #2006-21; Ord. #2006-24]
a.
In connection with any construction, but prior to the issuance of
demolition permits or building permits or start of construction, whichever
is first applicable, heavy duty plastic fencing or other protective
barriers acceptable to the municipal official charged with the administration
and enforcement of this section, shall be placed around trees that
are six inches and over in diameter and that are not to be removed.
The protective barriers shall be placed at least five feet from the
trunk of any tree and shall remain in place until all construction
activity is terminated. This area shall be mulched with a minimum
of four inch wood chips. No equipment, chemicals, soil deposit or
construction materials shall be placed within any area so protected
by barriers. Any landscaping activities subsequent to the removal
of the barriers shall be accomplished with light machinery or hand
labor.
b.
In the event that any tree to be saved, planted or replaced in connection
with the construction as set forth above shall die or be in serious
decline during construction or within one year after completion of
construction, it shall be removed and replaced by the applicant or
the property owners within six months or during the "first planting
period" after notification.
c.
For sites involving a certificate of occupancy (CO), all existing
trees six inches and over in diameter within 40 feet of the new footprint
shall be deep-root fertilized with a bio-stimulant by a licensed arborist
during the final landscaping. No CO shall be granted without written
proof that fertilization, as required herein has been completed.
d.
Where deep-root fertilization is required and cannot be done because
of weather conditions, no CO will be granted until a cash guaranty
bond is posted according to the following schedule:
1-4 trees: $500;
5-9: $1,000;
10 or more: $2,000.
e.
Where a bond is involved, failure to deep-root fertilize as required
herein, will result in the release of the bond money to the Shade
Tree Trust Fund of Englewood Cliffs and a summons shall be issued.
f.
The roots of any tree protected under this section may not be cut
within five feet of its trunk.
g.
A bond shall be required for existing trees six inches and over in
diameter as a condition for receiving either a tree removal permit
or demolition approval. Trees under 18 inches in diameter shall require
a $500 bond and trees 18 inches and over in diameter shall require
a $1,000 bond. The bond shall be returned if upon inspection the tree
is in good condition one year after the completion of construction
which shall be the date of the final certificate of occupancy. If
the applicant or owner does not comply, the bond money will go to
the Shade Tree Trust Fund for planting trees on the Borough right-of-way
or other Borough property. The maximum amount which the applicant
shall post shall be $2,000.
h.
The approving authority shall have the right to enter construction
sites and inspect for compliance to this section as work is in progress.
This right shall accrue not only to the approving authority, but to
its enforcing officers and other Borough Officials.
[Ord. #2000-04, § 11; Ord. #2005-11; Ord. #2007-18]
If the approving authority or the enforcing officer has reasonable
cause to believe that there may have been a violation of this section:
a.
The alleged violation shall be brought to the attention of the Borough
Prosecutor.
b.
No building permit or certificate of occupancy shall be issued until
the alleged violation has been disposed of in the Municipal Court.
c.
The enforcing officer shall issue a stop work order requiring any
activity on the site to be stopped until the alleged violation is
disposed of in the Municipal Court or until the violation is corrected
to the satisfaction and approval of the enforcing officer. However,
work necessary to remedy the violation may continue.
d.
Enforcement. This section may be enforced by the chairperson of the
approving authority or their designee, or the Construction Code Officer
or his designee, or the Ordinance Compliance Officer or his designee.
[Ord. #2000-04, § 12; Ord. No.
2005-11]
Any person violating any provision of this section shall be
subject to a penalty not to exceed $5,000 for each and every violation
and/or imprisonment in the county jail for a period not exceeding
90 days, at the discretion of the Magistrate of the Borough. Every
tree which has been removed in violation of any provision of this
section shall constitute a separate offense.
If the Magistrate determines that the person is knowingly violating
this section:
a.
Any building permit or certificate of occupancy pertaining to the
subject property shall be revoked and a new application required.
b.
If the violator is in possession of a Borough license for tree removal
or landscaping, such license shall be immediately revoked.
c.
The Borough Clerk, upon enactment, shall send notice of the provisions
of this section to every person in possession of a license for tree
removal or landscaping; and shall inform all future such licensees,
and all applicants for a building or demolition permit, of its provisions.
[Ord. #2000-04, § 13]
In addition to fees specified elsewhere in this section, the
following are the fees for a tree removal permit:
a.
In situations involving construction, enlargement or demolition of
any building or part thereof, and/or where a building or demolition
permit or certificate of occupancy is required: $300.
b.
In situations involving construction, enlargement or demolition of
any accessory structure or part thereof, other than a building: $100.
c.
In all other situations: $20.
[Ord. #2000-04, § 14]
All penalties, fees, tree replacement obligations and other
charges imposed under this section shall attach as a lien upon the
subject real estate, and shall be included in the next tax bill rendered
to the owner thereof, and be collected in the same manner as other
taxes against that property.
[Ord. #2000-04, § 15]
Any person aggrieved by the decision of the municipal official
charged with the administration and enforcement of this section shall
have the right within 10 days of the issuance of any decision by such
official to appeal to the Mayor and Borough Council, which shall take
such action as it deems appropriate in the matter.
[Ord. #2000-04, § 16]
Except as provided in subsection 30-22.7b6 hereof, this section
shall supplement but not supplant other provisions of the General
Ordinances of the Borough of Englewood Cliffs relating to the preservation
of trees and property maintenance. No tree removal shall be permitted
where prohibited by any other municipal, county, State or Federal
statute, ordinance or regulation.
[§ 30-23 was amended in entirety 3-10-2021 by Ord. No. 21-02. Prior history includes Ord. No. 2006-5; Ord. No. 2010-02.]
[Amended 3-10-2021 by Ord. No. 21-02]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Section 30-23.2 below.
c.
d.
Compatibility with Other Permit and Ordinance Requirements.
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of the Code shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of the Code imposes
restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
[Amended 3-10-2021 by Ord. No. 21-02]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the Bergen County Board of
Commissioners to review municipal stormwater management plans and
implementing ordinance(s). The county review agency may either be:
Means the New Jersey State Department of Environmental Protection.
Means a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
land, development means: any activity that requires a State permit,
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1
et seq.
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project, as approved by the Department's
Endangered and Nongame Species Program.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project, as approved by the Department's Endangered and Nongame Species
Program.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Means an individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
A combination of paragraphs b and c above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
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Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs a, b, c or d above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
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Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Means any city, borough, town, township, or village.
Means the manual maintained by the Department providing,
in part, design specifications, removal rates, calculation methods,
and soil testing procedures approved by the Department as being capable
of contributing to the achievement of the stormwater management standards
specified in this section. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications on
additional best management practices and new information on already
included practices reflecting the best available current information
regarding the particular practice and the Department's determination
as to the ability of that best management practice to contribute to
compliance with the standards contained in this section. Alternative
stormwater management measures, removal rates, or calculation methods
may be utilized, subject to any limitations specified in this section,
provided the design engineer demonstrates to the municipality, in
accordance with § 30-23.4f and N.J.A.C. 7:8-5.2(g), that
the proposed measure and its design will contribute to achievement
of the design and performance standards established by this section.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or,
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the official
map of these goals and policies.
Means water resulting from precipitation (including rain
and snow) that runs off the land's surface, is transmitted to the
subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
Is defined as previously developed portions of areas:
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Amended 3-10-2021 by Ord. No. 21-02]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
[Amended 3-10-2021 by Ord. No. 21-02]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 30-23.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c.
The following linear development projects are exempt from the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
requirements of § 30-23.4p, q and r.
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
requirements of § 30-23.4o, p, q and r may be obtained for
the enlargement of an existing public roadway or railroad; or the
construction or enlargement of a public pedestrian access, provided
that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
2.
The applicant demonstrates through an alternatives analysis, that
through the use of stormwater management measures, the option selected
complies with the requirements of § 30-23.4o, p, q and r
to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements
of § 30-23.4o, p, q and r, existing structures currently
in use, such as homes and buildings, would need to be condemned; and
4.
The applicant demonstrates that it does not own or have other rights
to areas, including the potential to obtain through condemnation lands
not falling under § 30-23.4d3 within the upstream drainage
area of the receiving stream, that would provide additional opportunities
to mitigate the requirements of § 30-23.4o, p, q and r that
were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best
management practices identified and described in the New Jersey Stormwater
Best Management Practices Manual to satisfy the green infrastructure,
groundwater recharge, stormwater runoff quality and stormwater runoff
quantity standards specified in § 30-23.4o, p, q and r.
When designed in accordance with the most current version of the New
Jersey Stormwater Best Management Practices Manual, the stormwater
management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and
5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable
of providing stormwater controls for the design and performance standards
as outlined in the tables below. Upon amendments of the New Jersey
Stormwater Best Management Practices to reflect additions or deletions
of BMPs meeting these standards, or changes in the presumed performance
of BMPs designed in accordance with the New Jersey Stormwater BMP
Manual, the Department shall publish in the New Jersey Register a
notice of administrative change revising the applicable table. The
most current version of the BMP Manual can be found on the Department's
website at: https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
Notes corresponding to annotations (a) through (g) are found below Table 3.
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes corresponding to annotations (b) through (d) are found below Table 3.
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at § 30-23.4o2 below;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 30-23.2 above;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 30-23.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 30-23.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 30-23.4o only if the measures meet the definition of green infrastructure at § 30-23.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 30-23.4o2 are subject to the contributory drainage area limitation specified at § 30-23.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 30-23.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-23.4d is granted from § 30-23.4o.
h.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 30-23.8c;
3.
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 30-23.8 below; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2.5 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements
of this subchapter, provided the pollutant removal rates are verified
by the New Jersey Corporation for Advanced Technology and certified
by the Department. Manufactured treatment devices that do not meet
the definition of green infrastructure at Section II may be used only
under the circumstances described at § 30-23.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 30-23.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 30-23.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards
at § 30-23.4p, q and r shall be met in each drainage area,
unless the runoff from the drainage areas converge onsite and no adverse
environmental impact would occur as a result of compliance with any
one or more of the individual standards being determined utilizing
a weighted average of the results achieved for that individual standard
across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal
stormwater management plan or ordinance shall be reflected in a deed
notice recorded in the Office of the Bergen County Clerk. A form of
deed notice shall be submitted to the municipality for approval prior
to filing.
A form of deed notice shall be submitted to the municipality
for approval prior to filing. The deed notice shall contain a description
of the stormwater management measure(s) used to meet the green infrastructure,
groundwater recharge, stormwater runoff quality, and stormwater runoff
quantity standards at § 30-23.4o, p, q and r and shall identify
the location of the stormwater management measure(s) in NAD 1983 State
Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal
degrees. The deed notice shall also reference the maintenance plan
required to be recorded upon the deed pursuant to § 30-23.10b5.
Prior to the commencement of construction, proof that the above required
deed notice has been filed shall be submitted to the municipality.
Proof that the required information has been recorded on the deed
shall be in the form of either a copy of the complete recorded document
or a receipt from the clerk or other proof of recordation provided
by the recording office. However, if the initial proof provided to
the municipality is not a copy of the complete recorded document,
a copy of the complete recorded document shall be provided to the
municipality within 180 calendar days of the authorization granted
by the municipality.
n.
A stormwater management measure approved under the municipal stormwater
management plan or ordinance may be altered or replaced with the approval
of the municipality, if the municipality determines that the proposed
alteration or replacement meets the design and performance standards
pursuant to which of this section provides the same level of stormwater
management as the previously approved stormwater management measure
that is being altered or replaced. If an alteration or replacement
is approved, a revised deed notice shall be submitted to the municipality
for approval and subsequently recorded with the Office of the Bergen
County Clerk and shall contain a description and location of the stormwater
management measure, as well as reference to the maintenance plan,
in accordance with § 30-23.4m above. Prior to the commencement
of construction, proof that the above required deed notice has been
filed shall be submitted to the municipality in accordance with § 30-23.4m
above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality
standards at § 30-23.4p and q below, the design engineer
shall utilize green infrastructure BMPs identified in Table 1 at § 30-23.4f
and/or an alternative stormwater management measure approved in accordance
with § 30-23.4g. The following green infrastructure BMPs
are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
3.
To satisfy the stormwater runoff quantity standards at § 30-23.4r,
the design engineer shall utilize BMPs from Table 1 or from Table
2 and/or an alternative stormwater management measure approved in
accordance with § 30-23.4g.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from
strict compliance in accordance with § 30-23.4d is granted
from the requirements of this subsection, then BMPs from Table 1,
2, or 3, and/or an alternative stormwater management measure approved
in accordance with § 30-23.4g may be used to meet the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
standards at § 30-23.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as
sewer separation, undertaken by a government agency or public utility
(for example, a sewerage company), the requirements of this subsection
shall only apply to areas owned in fee simple by the government agency
or utility, and areas within a right-of-way or easement held or controlled
by the government agency or utility; the entity shall not be required
to obtain additional property or property rights to fully satisfy
the requirements of this subsection. Regardless of the amount of area
of a separate or combined storm sewer improvement project subject
to the green infrastructure requirements of this subsection, each
project shall fully comply with the applicable groundwater recharge,
stormwater runoff quality control, and stormwater runoff quantity
standards at § 30-23.4p, q and r, unless the project is
granted a waiver from strict compliance in accordance with § 30-23.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 30-23.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or,
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to § 30-23.4p4
below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and,
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with § 30-23.4q2, unless the major development is itself
subject to a NJPDES permit with a numeric effluent limitation for
TSS or the NJPDES permit to which the major development is subject
exempts the development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs,
and
|
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP
|
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce,
to the maximum extent feasible, the post-construction nutrient load
of the anticipated load from the developed site in stormwater runoff
generated from the water quality design storm. In achieving reduction
of nutrients to the maximum extent feasible, the design of the site
shall include green infrastructure BMPs that optimize nutrient removal
while still achieving the performance standards in § 30-23.4p,
q and r.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
This stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 30-23.5 complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs 2(a), 2(b) and 2(c) is required unless
the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
[Amended 3-10-2021 by Ord. No. 21-02]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at § 30-23.5a1(a) and the Rational and
Modified Rational Methods at § 30-23.5a1(b). A runoff coefficient
or a groundwater recharge land cover for an existing condition may
be used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five years without interruption prior to the
time of application. If more than one land cover have existed on the
site during the five years immediately prior to the time of application,
the land cover with the lowest runoff potential shall be used for
the computations. In addition, there is the presumption that the site
is in good hydrologic condition (if the land use type is pasture,
lawn, or park), with good cover (if the land use type is woods), or
with good hydrologic condition and conservation treatment (if the
land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Amended 3-10-2021 by Ord. No. 21-02]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Amended 3-10-2021 by Ord. No. 21-02]
a.
Site design features identified under § 30-23.4f, or alternative designs in accordance with § 30-23.4g, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 30-23.7a2.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
|
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
|
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven 7.0 square inches, or be no greater
than 2.0 inches across the smallest dimension.
2.
The standard in paragraph a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
|
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
|
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or,
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Amended 3-10-2021 by Ord. No. 21-02]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management BMPs. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in § 30-23.8c1, c2, and c3 for trash
racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the Stormwater Management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 30-23.8, a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2.5. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2.5 feet below the permanent water surface, and the second step shall be located 1.5 feet above the permanent water surface. See § 30-23.8e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety Ledge Illustration.
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Elevation View-Basin Safety Ledge Configuration
 |
[Amended 3-10-2021 by Ord. No. 21-02]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 30-23.9c as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site Development Stormwater Plan Approval. The applicant's Site Development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of 1"=200' or greater, showing two-foot contour intervals.
The map as appropriate may indicate the following: existing surface
water drainage, shorelines, steep slopes, soils, erodible soils, perennial
or intermittent streams that drain into or upstream of the Category
One waters, wetlands and flood plains along with their appropriate
buffer strips, marshlands and other wetlands, pervious or vegetative
surfaces, existing man-made structures, roads, bearing and distances
of property lines, and significant natural and manmade features not
otherwise shown.
2.
Environmental Site Analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Sections 30-23.3 through 30-23.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 30-23.4.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 30-23.10.
8.
Waiver from Submission Requirements. The municipal official or board
reviewing an application under this section may, in consultation with
the municipality's review engineer, waive submission of any of the
requirements in § 30-23.9c1 through § 30-23.9c6
when it can be demonstrated that the information requested is impossible
to obtain or it would create a hardship on the applicant to obtain
and its absence will not materially affect the review process.
[Amended 3-10-2021 by Ord. No. 21-02]
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under § 30-23.10b3
is not a public agency, the maintenance plan and any future revisions
based on § 30-23.10b7 shall be recorded upon the deed of
record for each property on which the maintenance described in the
maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.). of the stormwater management measure, including,
but not limited to, repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under § 30-23.10b3
shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by Section
30-23.10b6 and b7.
8.
The requirements of § 30-23.10b3 and b4 do not apply to
stormwater management facilities that are dedicated to and accepted
by the municipality or another governmental agency, subject to all
applicable municipal stormwater general permit conditions, as issued
by the Department.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 calendar days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Amended 3-10-2021 by Ord. No. 21-02]
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to the following penalties: A fine not
to exceed $500 per day for the first offense and a fine not to exceed
$1,000 per day for the second offense or to imprisonment for a period
not exceeding 90 days or to community service for a period of 90 days
for each and every day of violation.
[Ord. #2006-10 § 1]
On June 23, 2005, the Supreme Court of the United States decided
the case of Kalo v. City of New London, in which a majority of the
Court determined, among other things, that the "public use" provision
of the United States Constitution should be broadly interpreted to
effectuate legislative judgments as to what particular needs justify
the use of the power of eminent domain.
The result in Kalo as a plurality decision, reflecting the Court's
deep division on the question presented, namely, whether private residential
real property may be the subject of eminent domain in order to satisfy
a public purpose such as a planned development.
The result of the Kalo decision was that, where there existed
a comprehensive plan of development that is deemed to satisfy the
public purpose provision of the Constitution, even though the "motivation"
for the plan might be economic development, municipalities could use
the eminent domain power to achieve the desired end as long as all
parties' legal rights were established in the process.
The Kalo majority opinion specifically emphasized that nothing
in the decision should preclude a state from placing further restrictions
on the takings power.
One of the issues faced by the Court was the appropriate line
between public and private property use. Under the settled law of
the State of New Jersey, the limitless sovereign power of the State
may be employed to take real property as may be required for public
safety, necessity, convenience or welfare so long as just compensation
is paid the owner, but it is for the legislative branch of government
to determine what constitutes a public use to limit that broad power,
with the result that the power is to be used in a reasonable, non-arbitrary
manner, and not greater than necessary to effectuate the public use.
The Borough of Englewood Cliffs believes that one of the primary
purposes of government is to protect the rights of owners or occupants
of residential real properties and commercial properties within the
Borough against governmental takings that do not have, as their goal,
either (a) the transfer of private property to public ownership for
the creation of, for example, a road, hospital, military base or public
housing or (b) the transfer of private property to private owners
for the specific purpose of making the same available for public use
(e.g., railroad, public utility, stadium or public housing).
[Ord. #2006-10 § 2; Ord. No. 2012-20, § 3]
The Borough shall not employ the power of eminent domain so
as to deprive owner-occupiers of residential real properties and commercial
properties of such ownership rights in the absence of a specified
purpose (a) to transfer the property to public ownership for the creation
of a public use, including but not limited to a road, hospital, military
base, public housing, sewer, water line, sidewalk, right-of-way, flood
control, park, open space, erosion control mechanism and the like;
or (b) to transfer the property to private owners for the specific
purpose of making the same available for the public use.
