Englewood Cliffs City Zoning Code
§ 30-5.16.1
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. 20-15.]
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.