Englewood Cliffs City Zoning Code
§ 30-5.13.1
Purpose.
[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.