Englewood Cliffs City Zoning Code

Townhouse Dwellings, as defined in § 30-5.12A.1e1.

Stacked Townhouse Dwellings, as defined in § 30-5.12A.1e1, which shall only contain affordable units.

Multi-Family Dwellings, as defined in § 30-5.12A.1e1.

Multi-Family Dwellings, as defined in § 30-5.12A.1e1 of the Borough Zoning Ordinance.

Business offices, professional offices, governmental and corporate offices.

Laboratory and research facilities.

Combined office and research laboratory use.

Any other principal use permitted in the B-2 or B2B/AH Districts.

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.

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.

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.

The affordable units shall be constructed with the same exterior building materials and architectural design features as the market rate units.

The Developer shall be responsible for retaining a qualified Administrative Agent at the developer's sole cost and expense.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

All landscape plans shall be prepared by a Licensed Landscape Architect in the State of New Jersey.

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.

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.

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.

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.

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.

Temporary construction and marketing signs of forty (40) square feet provided each sign is be set-back two (2) feet from the property line.

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.

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.

All stormwater management and maintenance shall comply with N.J.A.C. 7-8 et seq.

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.

Maximum building height 3 stories/42 feet, exclusive of chimneys and other projections.

Minimum building setback to Floyd Street property line: 20 feet for a Townhouse Unit and 100 feet for a Multifamily Building.

Minimum building setback from the northerly external property line: 15 feet.

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.

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.

Minimum building setback from a residential building to internal roadway: 10 feet.

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:

Townhouse dwelling structures shall have a minimum of 3 units and a maximum of 7 units.

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.

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.

Covered and uncovered patios and grade level decks associated with individual townhouse units.

Covered and uncovered decks (other than at grade) which shall not be subject to the maximum accessory structure limitation of this section.

Active and passive outdoor recreation facilities for residents and guests.

Indoor recreational, social and communal facilities for the exclusive use of residents and guests.

Fences and walls.

Individual and common mailboxes.

Gatehouses.

Signage.

Private garages and off-street parking areas.

Temporary construction trailers, temporary sales trailer, and/or temporary sales office in a model home through final project Certificate of Occupancy.

HVAC units, utility cabinets/controllers, emergency generators.

Any other use which is subordinate and customarily incidental to a permitted principal use.

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.

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.

All surface parking areas shall be set back a minimum of 5 feet from the building wall/facade.

Detached parking structures shall be specifically prohibited in the Townhouse Component of the PUD.

A landscaped area shall be provided along Floyd Street and shall meet the following requirements:

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.

Privacy fences up to 6 feet in height along the length of any deck or patio shall be permitted.

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.

A maximum of 60% of all market-rate units shall be two-bedroom units, with or without a den.

No more than 10% of the market-rate units shall contain 3 bedrooms.

Maximum 5 stories/60 feet.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Stationary generators.

Fences and walls.

Roof decks including furnishings, screening, landscaping shade structures and facilities.

Signage.

Off-street parking areas.

HVAC equipment and utility cabinets/controllers.

Temporary construction trailers, temporary sales trailer, and/or temporary sales office through final project Certificate of Occupancy.

Any other use which is subordinate and customarily incidental to the principal permitted use.

The minimum parking requirement shall be 1.7 spaces per dwelling unit.

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.

Off-street parking may be located in surface parking areas and/or within a building as established herein.

All surface parking areas shall be set back a minimum of 2 feet from the Townhouse Component and Office/Laboratory/Research Component lot lines.

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.

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.

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.

Minimum lot size: 80,000 square feet.

Minimum lot width: 125 feet.

Minimum principal building setbacks:

Minimum principal building setback to Multi-Family Residential Component and the Townhouse Component lot lines: 5 feet.

Maximum building coverage: 33.33%.

Maximum impervious coverage: 70%.

Maximum principal building height: 3 stories/45 feet.

Minimum accessory building setbacks:

Minimum accessory building setback to Multi-Family Residential Component and the Townhouse Component lot lines: 5 feet.

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.

Off-street parking, including in surface lots, within a separate structure or within the building (i.e., above and below grade).

Fences and walls.

Signage.

Cooling towers, utility cabinets/controllers, HVAC equipment, emergency generators.

Any other use which is subordinate and customarily incidental to the principal permitted use.

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:

The number of required off-street loading spaces shall be provided as follows:

Offstreet parking setback distance to all external property lines: 10 feet.

All internal roads and aisle widths will be at least 24 feet wide.

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.

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.

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.