Englewood Cliffs City Zoning Code
§ 30-7.10
Buffer Requirements.
[Ord. #9306, A VII; Ord. #2002-16, S1; Ord. #2004-02; Ord. #2007-19; Ord. #2007-26; Ord. No. 2012-20, § 4]
a.
Where a B-1 Zone adjoins a residential zone, a buffer area of 20 feet shall be maintained on the B-1 Zone lot.
b.
Residential lands which abut business zones are afforded buffers which are to be located on the lots within the business zone. The size of the buffer zone imposed upon the lands zoned for business uses is based upon the location of residential land use.
Residential lots which abut lands which are zoned for business uses in the B-1 Zone shall be afforded a buffer area of 20 feet which shall be maintained on the B-1 Zone.
Residential lots south of Hollywood Avenue (or the former Hollywood Avenue right-of-way) and north of Van Nostrand Avenue shall be afforded a minimum fifty-foot buffer on any abutting lands zoned for business uses (B-2) and a minimum 100-foot buffer on any abutting lands zoned B-2A.
Residential lots north of Hollywood Avenue (or the former Hollywood Avenue Right-of-Way) and south of Samford Drive shall be afforded a 120-foot buffer on any adjoining lands zoned for business uses (B).
Residential lots north of Samford Drive and south of the municipality boundary with Tenafly shall be afforded a 120-foot buffer on any adjoining lands zoned for business uses (B).
Residential lots which abut lands zoned for business uses in the B-3 Zone shall be afforded a buffer area of 20 feet which shall be maintained on the B-3 Zone lot.
Residential lots which abut lands zoned for business uses in the B-3 Zone and are parallel to Fifth Street between the Fort Lee boundary and Bayview Avenue, east of Sylvan Avenue shall be afforded a buffer of 25 feet which shall be maintained on the lots zoned for business use.
Residential lots which abut lands zoned for business uses in the B-4 Zone shall be afforded a buffer area of 20 feet which shall be maintained on the lots zoned for business use.
Residential lots utilized for recreational purposes shall not require buffering on the lands zone for business uses.
c.
Where a B-3 Zone adjoins a residential zone, a buffer area of 20 feet shall be maintained on the B-3 Zone lot. Except parallel to Fifth Street between the Fort Lee boundary and Bayview Avenue, east of Sylvan Avenue, a buffer of 25 feet shall be maintained on "B" Zone lots.
d.
Where a B-4 Zone adjoins a residential zone, a buffer area of 20 feet shall be maintained on the B-4 Zone lot.
e.
In the B-4 Zone there shall be no access roads leading into any residential zones. All traffic shall flow onto New Jersey Highway 9-W, Hudson Terrace or Palisade Avenue.
f.
In all zones having buffer requirements, there shall be no pedestrian or vehicular access through the buffer to nearby residential streets.
g.
Landscaping. In the buffer areas the following plant material shall be placed: In areas where land is still in its natural state in the area to be buffered, the area shall be left in its natural state, if possible. In addition, evergreen trees between 10 feet and 14 feet in height shall be planted so as to provide a year-round visual screen which shall be placed in an area of the buffer zone in a manner architecturally suitable to accomplish said screening.
h.
The buffer zone may not be used for building or parking purposes but same may be used for the purposes of installing underground utility connections if the need arises.
i.
The area encompassed in the buffer zone may be utilized for the purpose of computing coverage, rear yard or other bulk limitations referred to in the Zoning Ordinance.
j.
Prohibited activities. No person shall undertake or cause to be undertaken by others, any of the following acts:
1.
Cut, destroy, remove, or substantially injure any tree with or without cause.
2.
Place or maintain upon the ground any substance which would impede the free access of air and water to the roots of any tree.
3.
Apply any substance to any part of a tree, including roots, with the intention to injure or destroy the tree.
l.
Maintenance of Buffer Zone.
1.
All buffer zones shall be maintained to provide continuous protection for residents from viewing commercial property.
2.
It shall be kept free of debris, litter and unsightly overgrowth.
3.
In the event that a tree is cut, destroyed, removed or substantially injured, it must be replaced.
4.
All fallen trees must be removed and replaced.
5.
In the event that a tree is diseased or dead and is removed from the buffer zone, the tree must be replaced. The enforcing authority or his designee must be notified prior to the removal of the tree.
6.
Within a buffer zone the enforcing officer for this subsection shall be the Construction Official or his designee.
m.
Tree Replacement Plan.
1.
All replacement trees shall be twelve-foot to fourteen-foot evergreens. They shall be planted during the earliest planting season after either the removal of the tree, or after notification of a violation.
2.
Replacement trees shall be approved by the enforcing officer or his designee prior to planting.
3.
After the replacement tree is planted, the enforcing officer or his designee must be notified so that it may be inspected to determine that it was properly planted.
n.
Penalties. Any person violating any provision of this subsection shall be subject to a penalty not to exceed $5,000 for each and every violation and/or imprisonment in the county jail for a period not exceeding 90 days, at the discretion of the Magistrate of the Borough. Every tree which has been removed in violation of any provision of this subsection shall constitute a separate offense.
In the event that a person is found guilty of violating this subsection, said person shall be required to replace the trees removed with trees that meet the following guidelines.
o.
Height. Replacement trees shall be planted during the first planting season after the removal of the trees in order to maintain the buffer. All replacement trees shall be twelve-foot to fourteen-foot evergreens. After the replacement tree is planted, the enforcing officer or his designee, must be notified so that it may be inspected to determine that it was properly planted.
Replacement trees shall be approved by the approving authority, the enforcing officer or his designee.