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Englewood Cliffs City Zoning Code

§ 30-5.18.1

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. 20-17.]
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. 
Definitions. The following terms, as used in this ordinance, shall have the following meanings:
AVERAGE FINISHED GRADE
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.
BUILDING COVERAGE
Shall mean that portion of a lot covered by the largest floor area of all structures, both principal and accessory.
BUILDING HEIGHT, ACCESSORY BUILDING OR STRUCTURE
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.
BUILDING HEIGHT, MULTI-FAMILY DWELLING
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.
DWELLING, MULTI-FAMILY
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.
ELEVATION ABOVE MEAN SEA LEVEL
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)
STORY
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.