Englewood Cliffs City Zoning Code
§ 30-5.15.1
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. 20-14.]
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.