The purpose of this article is to establish regulations to ensure that development within the Borough's Downtown Overlay District, including any building additions, reconstructions, and infill developments, is compatible in form, arrangement, scale, materials, character and overall aesthetic appearance with the area's historic and visual traditions.

The regulations are designed to revitalize the Downtown Overlay District; preserve and protect the traditional value of buildings and other structures; stabilize and improve property values; foster civic beauty; and strengthen the local economy. The regulations shall encourage renovations and improvements with minimum economic burden.

The regulations are intended generally to implement the directives contained in the document "Design Guidelines: Facade Improvement Program for the Main Street Commercial District of the Borough of Fort Lee, New Jersey," dated 2006, and incorporated herein by reference.

Any development application within the Downtown Overlay District concerning rehabilitation of existing structures, additions to existing structures, and construction of new buildings that requires site plan approval shall comply with the specifications incorporated herein. The applicant shall be subject to review and approval by the Planning Board of the Borough, except wherever the Board of Adjustment has jurisdiction over a site plan pursuant to N.J.S.A. 40:55D-76, then and in that case, by the Board of Adjustment. Hereafter, "municipal agency" shall mean either the Planning Board or the Board of Adjustment of Fort Lee.

These regulations shall be used by applicants in preparing a development plan and by the municipal agency in reviewing same. The municipal agency may approve the proposed design, conditionally approve the design, or deny an application based upon its review of the design submitted and any additional relevant information.

To the extent that the provisions of § 410-52 change or modify any other ordinance or Code section of the Borough of Fort Lee, said change or modification shall only apply to the Downtown Overlay District and shall not otherwise change or modify other ordinances or Code provisions. Except as otherwise set forth herein, all provisions of Chapter 410, Zoning, of the Borough of Fort Lee and the Code of the Borough of Fort Lee shall govern.

Compatibility and appropriateness. New buildings should be designed to be compatible with surrounding buildings. New construction should strike a proper balance between the existing architecture and appropriate contemporary designs that pay attention to scale and harmony rather than superficial details.

Building orientation. Buildings in this zone shall face public streets. Building entries shall face a public street. For buildings at corners, the building may have an angled entrance at the corner of the two streets or include its main entrance on the primary street for shopping. A secondary street-facing facade shall be articulated in a manner compatible with the design of the front facade. Window glazing on both facades shall be of similar percentage.

Building setbacks. Buildings (except for recessed entries) shall be aligned with the adjacent building or the prevailing building setback and shall not contain a setback more than 10 feet. A slightly deeper setback may be allowed to match setbacks of adjacent buildings. Sidewalks shall be provided on the lot and/or within the right-of-way of any street located adjacent to a lot and must maintain a minimum six-and-one-half-foot sidewalk width and conform to the "Borough of Fort Lee Streetscape Improvement - Sidewalk Paving for Downtown District" manual dated March 2008.

Building height. The floor-to-floor height of new or altered buildings should match that of neighboring structures. Buildings which are either significantly lower or significantly taller than the adjacent structures should be discouraged, except for the purpose of historic preservation.

Vertical articulation. New or altered buildings should respect the characteristics of the traditional facade. The traditional central business district building facade has three parts as follows:

Horizontal articulation. In a sequence of structures along a street, the spacing of buildings, building bays and openings (such as windows, doors and display windows) define the observer's perception of rhythm. Buildings should reflect the rhythm of the traditional facade. New buildings shall be constructed as a series of bays each 15 feet to 30 feet wide. Ground-level facades shall be broken up into individual bays that are 15 feet to 30 feet wide.

Materials. The materials, color and texture of facades should harmonize with adjacent buildings. Desirable materials for new or renovated facades shall include brick, concrete, stucco, marble, granite, tile, terra cotta, synthetic composite trim and Fypon® (high-density polyurethane molding). If siding is used, the seams should be concealed to avoid an appearance of obvious paneling. Wood, aluminum, steel, copper, or bronze should be used for window frames and sashes. Exterior metallic, mesh, or glass facade cladding systems that cover the architectural details of buildings are prohibited.

HVAC equipment. Heating, ventilation and air-conditioning units and other outside equipment shall be concealed from view of public streets.

Rehabilitations and additions. During alterations, removal of original materials and architectural features such as railings, balusters, columns, brackets, and cornice decorations is discouraged. It is recommended that restoration and repair of existing traditional elements be employed. In the event replacement is necessary, the new material shall match the material being replaced in composition, design, color, texture and other visual qualities.

Well-defined opening. The traditional facade consists of a cornice, vertical piers, and bulkhead which enframe the storefront. The facade should be designed to fit within the originally intended opening.

Recessed entry. In order to keep the display windows at the sidewalk, to emphasize the ground-floor entry, to allow for an enclosed and sheltered doorway and to leave space for doors to open without extending into the sidewalk, the entrance door should be recessed between three feet to five feet from the facade.

Windows. At least 75% of facades shall be glazed with plate glass windows. All windows shall be at least six feet in height and shall contain a windowsill no more than three feet above grade. Any coverings on existing transom windows should be removed. Tinted or mirrored glass is prohibited.

Materials. Materials for ground floors can be different from those used on the upper facade. As the most visible portion of the facade to pedestrians, they should have the greatest level of detailing of the building. Bulkheads should be faced with tile, wood, stone or synthetic composite trim and Fypon® (high-density polyurethane molding). Window frames should be made of wood, aluminum, steel, copper or bronze.

Doors. Designs for doors shall comply with the following:

Cornice. All ground-level facades should have a cornice line which emphasizes the distinction between the ground-level and the upper facade.

Transom windows. Historic glazing should be preserved where possible. Transoms should be provided on ground-level facades. The transom frame above the entrance doors and display windows shall match the ground-level material and finish, and the transoms shall be of a consistent size and configuration. The transparency of the transom glazing may be blocked by backpainted glass or a solid finished panel installed behind the glass where such blocking is necessary to conceal a dropped ceiling or mechanical equipment.

Awnings. Dark, solid-color awnings are encouraged. The style of awning should complement a building's architectural style and be compatible with its scale, materials, colors and details. The awning should not intrude upon the facade composition. Awnings attached to the same building shall be the same shape, color and height, and shall be compatible with other awnings nearby.

Storefront lighting.

Storefront security gates.

A bench, street tree, planter or other special landscaped feature shall be provided for every 20 feet of blank facade wall to mitigate the impact of blank walls and provide for pedestrian enjoyment.

Compatibility and appropriateness. New buildings should be designed to be compatible with surrounding buildings. New construction should strike a proper balance between the existing architecture and appropriate contemporary designs which pay attention to scale and harmony.

Building orientation. Buildings shall have their prime orientation toward the street rather than the parking area. Building entrances shall be oriented toward the street and shall be accessed from a sidewalk and crosswalks through parking areas.

Any development application within the Commercial Nodes and Corridors Overlay District concerning rehabilitation of existing structures, additions to existing structures, and construction of new buildings that also requires site plan approval shall comply with the specifications incorporated herein. The applicant shall be subject to review and approval by the Planning Board of the Borough, except wherever the Board of Adjustment has jurisdiction over a site plan pursuant to N.J.S.A. 40:55D-76, then and in that case, by the Board of Adjustment. Hereafter, "municipal agency" shall mean either the Planning Board or the Board of Adjustment of Fort Lee.

These regulations shall be used by applicants in preparing a development plan and by the municipal agency in reviewing same. The municipal agency may approve the proposed design, conditionally approve the design, or deny an application based upon its review of the design submitted and any additional relevant information.

To the extent that the provisions of § 410-53 change or modify any other ordinance or Code section of the Borough of Fort Lee, said change or modification shall only apply to the Commercial Nodes and Corridors Overlay District and shall not otherwise change or modify other ordinances or code provisions. Except as otherwise set forth herein, all provisions of Chapter 410, Zoning, of the Borough of Fort Lee and the Code of the Borough of Fort Lee shall govern.

Commercial facades 100 feet in length or greater, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the total length of the facade. All projections or recesses shall be equivalent to at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

Commercial facades less than 100 feet in length, measured horizontally, shall incorporate varied building bays within the design of the facade. Building bays shall be a maximum of 30 feet in width and shall be visually established by architectural features such as columns, ribs or pilasters, piers and fenestration pattern.

Ground floor facades for all commercial buildings that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than 60% of their horizontal length. If the facade of the building facing the street is not the front, it shall provide the same features in scale with the facade. All sides of the building shall include materials and design characteristics consistent with those on the front. Side or rear walls that face walkways may include false windows and door openings defined by frames, sills and lintels, or similarly proportioned modulations of the wall, only when actual doors and windows are not feasible because of the nature of the use of the building.

Awnings within the Commercial Nodes and Corridors Overlay District shall conform with the requirements of § 410-52E(8).

Parapets concealing flat roofs and rooftop equipment from public view. The average height of such parapets shall not exceed 15% of the height of the supporting wall, and such parapets shall not at any point exceed 1/3 of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment, other than just colored "stripes" or "bands," with textured materials such as stone or other masonry or differently colored materials. Parapets may be stepped to provide differentiation to the roofline.

Overhanging eaves, extending no less than three feet past the supporting walls.

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run, and less than or equal to one foot of vertical rise for every one foot of horizontal run.

Three or more roof slope planes.

Each building shall have clearly defined, highly visible customer entrances featuring no less than three of the following: overhangs, recesses/projections; arcades; raised corniced parapets over the door; peaked roof forms; arches; outdoor patios; display windows; architectural details such as tile work and moldings which are integrated into the building; integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

Where additional stores will be located in the large retail establishment, each such store shall have at least one exterior customer entrance, which shall conform to the above requirements.

External light fixtures shall illuminate only the storefront and/or ground-level signs and should be shielded to avoid direct glare into adjacent uses.

The number and size of light fixtures shall be proportional with the scale of the storefront. Gooseneck lights or other incandescent fixtures appropriate to the style and period of the district are encouraged.

Except for portions of a property fronting along Routes 1, 4, 46, 63 and 80, each commercial property owner within the Commercial Nodes and Corridors Overlay District seeking site plan approval shall provide sidewalk and streetscape improvements within the street right-of-way that shall fully comply with the specifications set forth in the "Borough of Fort Lee Streetscape Improvement — Commercial Streetscape and Sidewalk Guidelines" manual dated May 2008. Such sidewalk shall be designed in accordance with those Borough specifications and shall be subject to the review and recommendation of the Sign/Facade Committee and the Construction Official and at the Borough's discretion, the Streetscaping Engineer. In order to minimize the additional financial cost of compliance with the terms of this article respecting streetscaping compliance, any property owner subject to the provisions of the enhanced sidewalk improvement specifications shall not be compelled to post a performance guaranty for that portion of the estimated cost of the sidewalk and the appurtenant improvements allocated to the enhanced requirements.

Except for portions of a property fronting along Route 1, 4, 46, 63 and 80, sidewalks shall be provided at least 6.5 feet in width along all sides of the lot that abut a public street or five feet if a landscaped buffer is provided and trees are planted within paving.

All applicants for site plan approval must provide trees and/or plants in all areas of the site not used for buildings, parking, vehicular and pedestrian use areas, sidewalk cafes and plazas.

On and after the effective date of this subsection, a new certificate of occupancy shall be required for any new tenant or occupant of any structure in the Downtown Overlay District or the Commercial Nodes and Corridors Overlay District to be occupied as a nonresidential establishment taking possession after a prior tenant or occupant has vacated the premises.

On and after the effective date of this subsection, no such new certificate of occupancy or building permit, in the event one is required, shall be issued by the Borough Construction Official unless and until the proposed exterior design of said premises shall have been referred to the Sign/Facade Review Committee. Prior to the issuance of any certificate of occupancy, the Construction Official shall forward the application materials to the Sign/Facade Review Committee, and the applicant shall be required to appear before said Committee for review and recommendation. Said Sign/Facade Review Committee shall review and provide recommendation to the Construction Official, with a copy to be delivered to the applicant. A new certificate of occupancy may be issued upon compliance with § 410-50C(3) of this chapter.

These regulations apply to any rehabilitation, construction or alteration of a building, sign and/or structural facade within the Downtown Overlay District or the Commercial Nodes and Corridors Overlay District, and are subject to prior review and recommendation by the Sign/Facade Review Committee to assure compliance with the applicable standards contained within § 410-53.1. The Sign/Facade Review Committee is hereby authorized to review and provide recommendation for the construction or alteration of signage and facades.

Any affected party may appeal to the Zoning Board of the Borough of Fort Lee with recommendation of the Sign/Facade Review Committee.

In the event that any rehabilitation, construction, addition or alteration of building or structure facades within the Downtown Overlay District or the Commercial Nodes and Corridors Overlay District requires site plan approval, the matter shall sent to the Planning Board, except wherever the Board of Adjustment has jurisdiction over a site plan pursuant to N.J.S.A. 40:55D-76, then and in that case, by the Board of Adjustment.

To the extent that the provisions of § 410-53.1 change or modify any other ordinance or Code section of the Borough of Fort Lee, said change or modification shall only apply to the Downtown Overlay District or the Commercial Nodes and Corridors Overlay District and shall not otherwise change or modify other ordinances or code provisions. Except as otherwise set forth herein, all provisions of Chapter 410, Zoning, of the Borough of Fort Lee and the Code of the Borough of Fort Lee shall govern.

During alterations, removal of original materials and architectural features such as railings, balusters, columns, brackets, and cornice decorations is discouraged. It is recommended that restoration and repair of existing traditional elements be employed. In the event replacement is necessary, the new material shall match the material being replaced in composition, design, color, texture and other visual qualities.

Color and materials.

Over-decoration of the entry door is discouraged. The door should reinforce the character of the building, as well as attract customers inside.

The use of subtle door elements is encouraged. These include door knobs or pulls, brass kick plates or attractive painted signs on the glass.

The entrances to ground floor spaces should be clearly distinguished from entrances to upper floors through the use of architectural treatments and materials selection.

External light fixtures shall illuminate only the storefront and/or ground-level signs and shall be shielded to avoid direct glare into adjacent uses.

The number and size of light fixtures should be modest and proportional with the scale of the storefront. Gooseneck lights or other incandescent fixtures appropriate to the style and period of the district are encouraged. Light fixtures shall not exceed two feet in height.

Security grilles and tracks shall only be installed inside a storefront opening, display window or door and should be completely concealed when not in use.

Roll-down grilles shall be see-through mesh rather than solid grates so as to provide views of the interior when stores are closed.