[Adopted 6-15-2023 by Ord. No. 2023-17]
Designation of a portion of Block 6451, Lots 5.02 (2 Executive
Drive) and the entirety of Block 6451, Lots 5.03 (1 Executive Drive
South) and 5.04 (1 Executive Drive North) as a redevelopment area
on the Tax Map of the Borough of Fort Lee is hereby declared and determined
to be located within an area in need of redevelopment in accordance
with the provisions of N.J.S.A. 40A:12A-6.
Pursuant to the authority granted by N.J.S.A. 40A:12A-4c, the
Borough of Fort Lee is hereby designated to exercise the powers of
a redevelopment entity for the portion of Block 6451, Lots 5.02 (2
Executive Drive) and the entirety of Block 6451, Lots 5.03 (1 Executive
Drive South) and 5.04 (1 Executive Drive North) in the redevelopment
area.
A redevelopment plan dated April, 2023, prepared by Phillips
Preiss Grygiel Leheny Hughes LLC is incorporated in its entirety herein
by reference. The plan includes the following:
A.
The plan area is identified for residential inclusionary development.
The Borough has entered into a global settlement agreement with respect
to affordable housing which resolved all pending lawsuits and advances
the Borough's affordable housing commitments.
C.
Identification of property and redevelopment area. The proposed redevelopment
area consists of a portion of Block 6451, Lots 5.02 (2 Executive Drive)
and the entirety of Block 6451, Lots 5.03 (1 Executive Drive South)
and 5.04 (1 Executive Drive North) on the Tax Map of the Borough of
Fort Lee.
D.
Relationship with master plan and zoning ordinance.
(1)
With respect to the proposed land use and building requirements,
the redevelopment plan is in conformity with the following provisions
of the Borough of Fort Lee Master Plan and reexamination reports:
(2)
The Land Use Plan of the Master Plan designates the redevelopment
area for multifamily inclusionary residential land uses. By providing
for the redevelopment area in this manner, the use is consistent with
the Land Use Plan of the Master Plan.
(3)
The Mayor and Council of the Borough of Fort Lee finds that the redevelopment
plan is either substantially consistent with the master plan or it
is designed to effectuate the master plan.
E.
Powers of redevelopment entity. Subject to the approval of the Mayor
and Council, the Borough of Fort Lee may proceed with the acquisition,
clearance, redevelopment, planning, reconstruction, renewal and redevelopment
of the portion of Block 6451, Lots 5.02 (2 Executive Drive) and the
entirety of Block 6451, Lots 5.03 (1 Executive Drive South) and 5.04
(1 Executive Drive North) in the redevelopment area in order to carry
out and effectuate said purposes, and the Borough of Fort Lee may:
(1)
Acquire or contract to acquire from any person, firm, or corporation,
public or private, by contribution, gift, grant, bequest, devise,
purchase, or otherwise, real or personal property or any interest
therein, including such property as it may deem necessary or proper,
although temporarily not required for such purposes, in the redevelopment
area and in any area designated by the Mayor and Council as necessary
for carrying out the relocation of the residents, industry and commerce
displaced from the redevelopment zone.
(2)
Clear any area owned or acquired and install, construct or reconstruct
streets, facilities, utilities and site improvement essential to the
preparation of sites for use in accordance with the redevelopment
plan.
(3)
Lease, exchange or convey property or improvements to any such party
pursuant to this section, without public bidding and at such prices
and upon such terms as it deems reasonable, provided that the lease,
exchange or conveyance is made in conjunction with the redevelopment
plan, notwithstanding the provisions of any law, rule, or regulation
to the contrary.
(4)
Make, consistent with the redevelopment plan:
(a)
Plans for carrying out a program of voluntary repair and redevelopment
of buildings and improvements; and
(b)
Plans for the enforcement of law, codes, and regulations relating
to the use and occupancy of buildings and improvements, and to the
compulsory repair, redevelopment, demolition, or removal of buildings
and improvements.
(5)
Dispose of land so acquired at its fair value for the uses specified
in the redevelopment plan as determined by it to any person, firm,
or corporation or to any public agency by sale, lease, or exchange.
(6)
Request the Planning Board to recommend pursuant to existing law
the designation of additional areas in need of redevelopment or redevelopment
and to make recommendations for such redevelopment or redevelopment
of such areas.
(7)
To study the recommendations of the Planning Board for redevelopment
of any area and to make its own investigations and recommendations
as to current trends in the Borough, blighted areas and blighted factors.
(8)
To publish and disseminate information.
(9)
To prepare or arrange by contract for the provisions of professional
service and the preparation of plans by registered architects or licensed
professional engineers or planners or other consultants for the carrying
out of the redevelopment project.
(10)
To arrange or contract with public agencies or redevelopers
for the planning, replanning, construction, or undertaking of any
project or development work, on any part thereof, to provide as part
of any such arrangement or contract for extension of credit or making
of loans to redevelopers to finance any project or redevelopment work,
and to arrange or contract with public agencies for the opening, grading
or closing of streets, roads, roadways, alleys or other places or
for the furnishing of facilities or for the acquisition by such agency
of property options or property rights or for the furnishing of property
or services in connection with a redevelopment area.
(11)
To arrange or contract with a public agency, to the extent that
it is within the scope of that agency's functions, to cause the
services customarily provided by such other agency to be rendered
for the benefit of the occupants of the redevelopment area, and to
have such other agency provide and maintain parks, recreation centers,
schools, sewerage, transportation, water and other municipal facilities
adjacent to or in connection with redevelopment areas.
(12)
To enter upon any building or property in the redevelopment
area in order to conduct investigations or make surveys, soundings,
or test borings necessary to carry out the purpose of this article.
(13)
To arrange or contract with a public agency for the relocation
of residents, industry or commerce displaced from the redevelopment
area.
(14)
To conduct examinations and investigations, hear testimony and
make proof, under oath at public or private hearings, of any material
matter, require the attendance of witnesses and the production of
books and papers and issue commissions for the examination of witnesses
who are out of state, unable to attend, or excused from attendance.
(15)
To authorize a committee designated by it consisting of one
or more members, or counsel, or any officer or employee to conduct
any such investigation or examination, in which case such committee,
counsel, officer or employee shall have power to administer oaths,
take affidavits and issue subpoenas or commission.
(16)
To do all things necessary or convenient to carry out its powers.
(17)
To negotiate with redevelopers for the private sale of real
property within the redevelopment area.
(18)
To do and perform all powers authorized by law to carry out
the foregoing purposes not otherwise specifically limited herein.
The Mayor's designee is hereby designated to execute, and
the Borough Clerk to attest, any and all documents necessary to carry
out any of the purposes set forth in this article, all of a form approved
by the Borough Council.
A.
Principal permitted uses: multifamily residential apartments.
B.
Accessory uses:
(1)
Off-street parking facilities, including surface parking and structured
parking garages.
(2)
Other uses customarily accessory to the principal use, provided that
they are subordinate to the principal uses, do not change the character
of the principal use, and serve only the principal use, including,
but not limited to:
(a)
Offices for leasing, marketing and management of the development.
(b)
Amenity spaces such as fitness centers, recreation or community
rooms, game rooms, business centers, swimming pools and hot tubs and
locker rooms.
(c)
Storage facilities and mail rooms.
(d)
Bicycle parking facilities.
(e)
Outdoor deck and terrace amenity spaces.
(f)
Trash enclosures.
(h)
Individual and common mailboxes.
(i)
Permanent mounted generators.
(j)
Signage.
(k)
Maintenance sheds.
C.
Prohibited uses: Any use not explicitly permitted herein is prohibited.
D.
Multifamily residential dwellings: The maximum number of units permitted
on the two sites is 426 units.
E.
Affordable housing.
(1)
The minimum number of low- and moderate-income units shall be 79
units.
(2)
All of the affordable units shall fully comply with the Uniform Housing
Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), including,
but not limited to, the required bedroom and income distribution,
with the sole exception that 13% of the affordable units within each
bedroom distribution shall be required to be for very-low-income households
earning 30% or less of median income pursuant to the New Jersey Fair
Housing Act, N.J.S.A. 52:27D-301 et seq.
(3)
All of the affordable units shall be subject to affordability controls,
as defined under current law, of at least 30 years from the date of
initial occupancy and affordable deed restrictions as provided for
by UHAC, with the sole exception that very low income shall be defined
as at or below 30% of median income pursuant to the Fair Housing Act,
and the affordability controls shall remain unless and until the Borough,
in its sole discretion, takes action to extend or release the unit
from such controls after at least 30 years. If the Borough acts to
release the units from such controls, affordability controls shall
remain in effect until the date on which a rental unit shall become
vacant due to the voluntary departure of the occupant household in
accordance with N.J.A.C. 5:80-26.11(b).
(4)
To the extent feasible, the affordable units shall be integrated
with the market-rate units, and the affordable units shall not be
concentrated in separate building(s) or in separate area(s) or floor(s)
from the market-rate units. No more than 50% of any floor's units
shall be affordable units, and there should not be a concentration
of certain income levels or bedroom sizes on certain floors. The residents
of the affordable units shall have full and equal access to all of
the entryways, amenities, common areas, and recreation areas and facilities
as the residents of the market-rate units.
(5)
Construction of the affordable units in inclusionary developments
shall be phased in compliance with N.J.A.C. 5:93-5.6(d).
F.
Bulk, setbacks and yield.
(1)
The multifamily family residential units above the existing parking
garage at 2 Executive Drive shall comply with the following regulations:
(a)
The building's footprint shall not expand beyond the footprint
of the existing parking garage.
(b)
The building shall not exceed 142 feet from the finished floor
of Parking Level 1 of the existing garage and the average finished
grade plane on Executive Drive at the front property line.
(c)
The building coverage shall not exceed the building coverage
that already exists.
(2)
The multifamily residential units to be located on the vacant parking
lot at 1 Executive Drive South shall comply with the following regulations:
(a)
The front yard setback to the Executive Drive side property
line shall be 66 feet.
(b)
The minimum setback of each side yard shall be 10 feet.
(c)
The minimum rear yard setback shall be 15 feet.
(d)
The maximum building height as measured from the average finished
grade plane at Executive Drive at the front property line to the highest
point of the roof, but not including rooftop appurtenances, shall
not exceed 96 feet. Rooftop appurtenances shall not extend more than
15 feet above the roofline and shall occupy in the aggregate less
than 10% of the roof area where they are located. No parapet wall
may extend more than four feet above the roofline of the building.
(3)
Accessory buildings, if any, shall meet the same yard setback requirements
of principal buildings.
G.
Off-street parking. The minimum number of parking spaces shall comply
with the following:
(1)
All parking shall comply with the requirements of N.J.A.C. 5:21-4.14(c),
i.e., the Residential Site Improvements Standards (RSIS) for high-rise
construction, namely 0.8 space per one-bedroom unit, 1.3 spaces per
two-bedroom unit and 1.9 spaces per three-bedroom unit.
(2)
The buildings shall comply with this parking requirement based upon
a shared parking analysis for all buildings and uses comprising Fort
Lee Executive Park taken together as an integrated project and provided
that the same shall be subject to a cross access, parking and maintenance
agreement for all properties and buildings.
(3)
Tandem parking may be permitted to count towards the minimum required
parking requirement, provided that both tandem spaces shall be exclusively
assigned to the same apartment or residential unit.
(4)
These ratios include provisions for visitor parking; no separate
or additional visitor parking space requirement applies.
(5)
Electric vehicle charging spaces shall be provided in accordance
with the Statewide Municipal Electric Vehicle (EV) Ordinance as set
forth in N.J.S.A. 40:55D-66.20.
(7)
All traffic aisles shall be the requirements of RSIS.
H.
Bicycle parking. Bicycle parking racks shall be provided within a
secure, access-controlled room inside each building or garage at a
minimum ratio of one indoor bicycle parking space for every 10 apartment
units. At least 15 square feet of area shall be provided for each
bicycle space to account for maneuvering room around handlebars and
pedals; double-height racks to stack bicycles are permitted to meet
this requirement. Bicycle racks must be security anchored and designed
to allow the bicycle frame and one wheel to be secured.
I.
Building style. The architectural design shall be subject to the
reasonable approval of the Fort Lee Planning Board as part of the
site plan approval process.
J.
Massing and detailing.
(1)
Vertical bays. The upper levels of each building shall be divided
into a series of vertical bays along all facades. Each bay shall not
exceed approximately 100 feet in width and shall be defined by a physical
change in plane of at least three inches to one foot relative to adjacent
bays; additional change in plane is also permitted. Differentiation
based only on facade colors or materials is insufficient to define
a bay; and, similarly, a flat facade area distinguished only by projecting
balconies is not sufficiently differentiated in plane to be considered
a distinct bay. Each bay's expression should encompass all residential
floors of the building and should extend through a major volume to
a horizontal break in massing.
(2)
Building base detailing. The building base should be highlighted
at street level using architectural accents such as flat sheltering
canopies over entryways and large expanses of windows, wall-mounted
sconce lighting, decorative trim or tilework, and attractive signage.
Where appropriate to the architectural style of the building, the
base should be further emphasized with contrasting, visually weightier
materials and a greater level of articulation.
(3)
Building top and stepbacks. Architectural differentiation of the
upper floor or floors of the buildings is encouraged to help break
up the building height and mass. Approaches such as a greater proportion
or a different pattern of glazing, variation in facade colors or materials
to create a feeling of lightness, and stepped-back facades are all
encouraged. The roofline of the building should be defined with lightshelves
or overhangs, parapets and/or cornices. The height and shape of the
roofline should relate to the bays below.
K.
Transparency.
(1)
Entry emphasis. For all buildings, the primary building entrance
should be clearly highlighted within the facade as part of a prominent
bay, projection, recess or other architectural mass.
(2)
Windows. Window glazing should be clear or lightly tinted. Energy-efficient
coatings that tint glass are permitted in doors and windows, provided
that the coating closest to clear is chosen to meet the energy criteria.
Dark tinted, opaque, spandrel and mirrored glass is prohibited except
for service areas, mechanical rooms, emergency exit doors and the
like.
L.
Materials. Primary permitted facade materials are glass, metal, brick,
cultivated stone or other masonry facing, or fiber cement siding.
Stucco and EIFS are prohibited.
M.
Application of materials. No more than three different materials
should be employed as primary materials within each bay's facade.
Within the chosen primary materials, variation in color, texture,
and/or pattern may be employed to create further distinctions. Changes
in materials, colors, texture, or pattern that occur across the horizontal
line should be marked by a change in plane, dimensional band or belt
cornice, a recessed channel or similar horizontal feature. Materials
should be extended around corners and extensions to be logical vertical
break in plane, to avoid a "pasted on" appearance. The level of materials,
detailing, and articulation should be consistent along all building
facades, not just street-facing facades.
O.
Service and mechanical areas.
(1)
Mechanical rooms. Where possible, mechanical, storage and other utilitarian
rooms should be located at the interior or along interior lot lines
of the building, rather than facing streets. Where they must be located
along the street-facing wall, they should be integrated into the overall
pattern of bays and window openings. Window and door glazing for mechanical
and related rooms may be translucent (admitting light but not views)
or opaque (such as spandrel glass).
P.
Trash and refuse. Building trash and recycling collection areas shall
be fully contained within the building's garage or utility rooms;
no exterior dumpsters or similar containers are permitted. Doors and
loading docks, including those for tenant move-ins, that are located
in an exterior facade should be designed in a similar manner as pedestrian
or vehicular entries.
Q.
Rooftop mechanical equipment. Rooftop mechanical equipment shall
be screened in roof wells recessed below the roofline in the case
of pitched roofs or by solid and permanent roof-mounted screens in
the case of flat roofs. Screening should be compatible with the architectural
style, materials and color of the building.
R.
Open space, landscaping and sidewalks.
(1)
Buffers and landscaping. All portions of the properties not improved
with buildings, driveways, walkways or other improvements shall be
landscaped, including the perimeter of buildings. Landscaping may
be in-ground or in raised planter beds, and should include a variety
of grasses, flowers, seeded lawn areas, low bushes and small ornamental
trees. The plantings shall primarily be of hardy, native species with
a mix of deciduous and evergreen plantings for year-round visual interest.
Each planting bed shall include drip irrigation. Low planters incorporating
a seating wall are encouraged.
S.
Public right-of-way improvements.
(1)
Sidewalks. The project shall provide new, or improve and widen existing,
public sidewalks along Executive Drive frontages. The minimum clear
sidewalk width along the west side of Executive Drive shall be five
feet. Sidewalk design shall meet the standards of the Borough of Fort
Lee.
(2)
Street trees. Where practical, street trees should be planted in
the public right-of-way between the sidewalk and curb, supplementing
any gaps in existing street tree spacing, so that trees are spaced
on average no more than 25 feet to 35 feet on center. A suspended
pavement system such as "StrataCells" or "SilvaCells" is encouraged
within the public sidewalk as a means to permit healthy tree growth
and maximize stormwater infiltration. Alternately, if the public right-of-way
does not provide sufficient clearance for healthy tree growth or if
the required spacing cannot be achieved due to utility conflicts or
vehicular sight distance impacts, said trees may be planted within
other areas of the site in close proximity to the public sidewalk.
Accent lighting is encouraged.
(3)
Signage. Each building is permitted to have two monument-style signs not to exceed 36 square feet each, with a maximum height of six feet each and set back no closer than two feet from the respective property line, as long as adequate sight distance is provided for ingress/egress driveways. The bases of the monument signs are to be landscaped with a variety of ornamental grasses, evergreen/deciduous shrubs and groundcovers. Except as set forth in this subsection, all other signage standards, including building signage entitlements, shall be reviewed per Borough Chapter 410, Zoning, Article XII, Signs and Facades.
(4)
Lighting. In order to minimize glare, trespass and light pollution,
all new external lighting should be selected from the International
Dark Sky Association's Fixture Seal of Approval Program. However,
building accent lighting is permitted to have uplighting and downlighting
components.
(5)
Utilities. Utilities serving the redevelopment area shall be located
underground. If such utility services cannot be reasonably provided
due to topographic or geological conditions of the land or due to
technical circumstances, and when the applicant can adequately demonstrate
the lack of feasibility for these reasons to the satisfaction of the
approving authority, the approving authority may waive this requirement.
(6)
All proposed site plans shall include plans for landscaping indicating
the location, size and quantity of various species to be used.
(7)
Where feasible, low-maintenance, drought-tolerant and native species
are encouraged.
(8)
Where appropriate, street trees shall be planted along the property
frontage. Existing street trees in healthy condition shall be preserved
where feasible and would count toward the total required street tree
count. Sidewalks and pedestrian paths shall be designed to accommodate
plantings and allow for rainwater to get to the root system.
(9)
All plant material used must be able to withstand the urban environment
and shall be planted consistent with standards as established by the
American Association of Nurserymen. A landscaping schedule shall be
provided and any plant that dies within one year of the development
shall be replaced accordingly.
The Borough Clerk is hereby directed to give notice at least
10 days' prior to the hearing on the adoption of this article
to the Bergen County Planning Board, and to all others entitled thereto
pursuant to the provisions of N.J.S.A. 40:55D-15. Upon adoption of
this article, after public hearing thereon, the Borough Clerk is further
directed to publish notice of the passage thereof and to file a copy
of this article as finally adopted with the Bergen County Planning
Board as required by N.J.S.A. 40:55D-16 and with the Borough Tax Assessor.
Should any section, part or provision of this article be held
unconstitutional or invalid, such decision shall not affect the validity
of this article as a whole, or any other part thereof.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
This article shall take effect immediately upon publication
and final passage according to law.
