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REDEVELOPMENT PLAN FOR THE PUBLIC WORKS GARAGE SITE CITY OF HOBOKEN, NEW JERSEY Prepared for The City of Hoboken Prepared by Phillips Preiss Shapiro Associates, Inc. 434 Sixth Avenue New York, New York 10011 54 Shrewsbury Avenue Red Bank, New Jersey 07701 50 F Street, NW – Suite 300 Washington, DC 20001 April 19, 2006

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Page 1: REDEVELOPMENT PLAN FOR THE PUBLIC WORKS ... - Hoboken, NJ · finding the area to be in need of redevelopment. The Hoboken City Council subsequently approved the Planning Board's determination,

REDEVELOPMENT PLAN FORTHE PUBLIC WORKS GARAGE SITE

CITY OF HOBOKEN, NEW JERSEY

Prepared forThe City of Hoboken

Prepared byPhillips Preiss Shapiro Associates, Inc.434 Sixth AvenueNew York, New York 10011

54 Shrewsbury AvenueRed Bank, New Jersey 07701

50 F Street, NW – Suite 300Washington, DC 20001

April 19, 2006

Page 2: REDEVELOPMENT PLAN FOR THE PUBLIC WORKS ... - Hoboken, NJ · finding the area to be in need of redevelopment. The Hoboken City Council subsequently approved the Planning Board's determination,

TABLE OF CONTENTS

1. Introduction .........................................................................................................................................1

1A. Statutory Basis..................................................................................................................................1

1B. Description of Redevelopment Area Boundaries............................................................................1

2. Description of Existing Conditions and Proposed Redevelopment Plan .....................................4

2A. Block 1, Lot 1 — Hudson Co. Improvement Authority .................................................................4

2B. Block 1, Lots 11, 12, 13, 14 – 83 Willow Ave. LLC......................................................................5

3. Goals of the Redevelopment Plan and Relationship to Local Objectives ....................................6

3A. Redevelopment Plan Goals and Objectives ....................................................................................6

3B. Relationship to the Master Plan.......................................................................................................6

3C. Relationship to the Zoning Code .....................................................................................................7

4. Land Use and Development Plan ....................................................................................................10

4A. Existing Land Uses ........................................................................................................................10

4B. Specific Land Use & Development Goals ....................................................................................10

4C. Specific Land Use Provisions........................................................................................................11

Block 1, Lots 11, 12, 13, and 14.........................................................................................................11

Block 1, Lot 1 ......................................................................................................................................11Permitted Uses................................................................................................................................11

Regulations for First Level of Uses...............................................................................................12

Bulk Standards ...............................................................................................................................13

Parking & Loading.........................................................................................................................17

Design Standards............................................................................................................................20

Signage ...........................................................................................................................................22

Green Architecture .........................................................................................................................23

4D. Streetscape Improvements .............................................................................................................23

Page 3: REDEVELOPMENT PLAN FOR THE PUBLIC WORKS ... - Hoboken, NJ · finding the area to be in need of redevelopment. The Hoboken City Council subsequently approved the Planning Board's determination,

5. Redevelopment Actions ....................................................................................................................24

5A. Properties to be Acquired...............................................................................................................24

5B. Other Actions .................................................................................................................................24

5C. Relocation.......................................................................................................................................24

5D. Linkages..........................................................................................................................................24

6. Relationship to Other Plans .............................................................................................................25

6A. Relationship to Master Plans of Adjacent Municipalities ............................................................25

6B. Relationship to the Hudson County Master Plan..........................................................................25

6C. Relationship to the State Development and Redevelopment Plan ...............................................25

7. General Provisions ............................................................................................................................26

7A. Easements .......................................................................................................................................26

7B. Site Plan and Subdivision Review.................................................................................................26

7C. Adverse Influences.........................................................................................................................26

7D. Non-Discrimination Provisions .....................................................................................................26

7E. Duration of the Plan .......................................................................................................................27

7F. Variance Requests..........................................................................................................................27

8. Other Provisions................................................................................................................................28

9. Procedure for Amending the Approved Plan................................................................................29

LIST OF FIGURES

Figure 1: Redevelopment Area Locational Context ......................................................................................2

Figure 2: Redevelopment Area Boundaries ...................................................................................................3

Figure 3: Aerial Photo of Redevelopment Area.............................................................................................5

Figure 4: Existing Zoning ...............................................................................................................................9

Figure 5: Building Envelope: Height, Setbacks, & Stepbacks...................................................................15

Figure 6: Parking Screened by Housing......................................................................................................18

Page 4: REDEVELOPMENT PLAN FOR THE PUBLIC WORKS ... - Hoboken, NJ · finding the area to be in need of redevelopment. The Hoboken City Council subsequently approved the Planning Board's determination,

REDEVELOPMENT PLAN – PUBLIC WORKS GARAGE SITE

CITY OF HOBOKEN, NEW JERSEY 1

1. INTRODUCTION

1A. Statutory BasisThis redevelopment plan has been prepared for an area located on the north side of Observer Highwaywithin the southern portion of the City of Hoboken in Hudson County, New Jersey. The area inquestion (heretofore referred to as the “redevelopment area”) consists of two-thirds of a single tax blockbounded on the west by Willow Avenue; on the south by Observer Highway; on the east by ParkAvenue and the rear lot lines of properties fronting Park Avenue; and on the north by Newark Street.The redevelopment area’s location within the City of Hoboken is shown in Figure 1.

On February 22, 2006, the City Council of the City of Hoboken adopted a resolution directing thePlanning Board to study the area in order to determine whether it was in need of redevelopment inaccordance with the criteria specified in the Local Redevelopment and Housing Law (LRHL) atN.J.S.A. 40A:12A-5. The Planning Board subsequently directed Phillips Preiss Shapiro Associates,Inc., consultants to the City of Hoboken, to conduct such a study. The consultants submitted theirreport, titled Redevelopment Area Study for the Municipal Garage Site, to the Planning Board, whichthen held a public hearing was to determine whether the area should be designated in need ofredevelopment pursuant to the LRHL. On March 20, 2006, the Planning Board adopted a resolutionfinding the area to be in need of redevelopment.

The Hoboken City Council subsequently approved the Planning Board's determination, and on March27, 2006 declared the area in need of redevelopment pursuant to N.J.S.A. 40A:12-6. The City Councilthen directed the consultants to prepare a redevelopment plan for the area in question. This plan iswritten pursuant to the LRHL at N.J.S.A. 40A:12A-7, which provides that no redevelopment projectsshall be undertaken or carried out except in accordance with a Redevelopment Plan adopted byordinance of the municipal governing body upon its finding that the specifically delineated project areais located in an area in need of redevelopment or an area in need of rehabilitation, or in both, asappropriate.

1B. Description of Redevelopment Area BoundariesAs described, the redevelopment area is located at the southern end of the City of Hoboken, near theJersey City municipal boundary, and includes Block 1, Lots 1, 11, 12, 13 and 14. The study areaboundaries are shown on Figure 2.

The western boundary of the study area runs along Willow Avenue for a distance of ±435 feet. Itssoutherly boundary runs along Observer Highway for a distance of ±200 feet, while the easterlyboundary runs along Park Avenue for a distance of ±165 feet, and then along the rear lot lines of theproperties fronting on Park Avenue for a distance of ±270 feet. The northern boundary of the studyarea is Newark Street for a distance of ±85 feet.

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Figure 1: Redevelopment Area Locational Context

Phillips Preiss Shapiro Associates, Inc. 2006

Study Area

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Figure 2: Redevelopment Area Boundaries

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2. DESCRIPTION OF EXISTING CONDITIONSAND PROPOSED REDEVELOPMENT PLAN

The redevelopment area is currently developed with the City of Hoboken’s municipal garage, whichoccupies the bulk of the acreage, together with a small parking lot used in conjunction with the nearbyJefferson Trust building. The area surrounding the redevelopment area is predominantly residential,with some nearby industrial and commercial uses. The redevelopment area is comprised of contiguoustax lots. The lots are described as two separate parcels below based on the two separate owners of theassembled lots.

2A. Block 1, Lot 1 — Hudson Co. Improvement AuthorityThis property, owned by the Hudson County Improvement Authority, subject to a right of repurchase bythe City of Hoboken, is ±1.1 acres in size and is located on Willow Avenue, at the intersection ofObserver Highway. It has ±335 feet of frontage along Willow Street; ±200 feet of frontage on ObserverHighway; and ±165 feet of frontage on Park Avenue. This property occupies approximately one-half ofthe block and is developed with the City of Hoboken municipal garage complex. This municipal garagestructure fronts on Observer Highway and a portion of Park Avenue. The building partially encloses apaved open yard that is ±100 feet deep and ±260 feet long. The yard is surrounded by a chain-linkfence. The property and the entire block are surrounded by sidewalks with a width of 18 to 20 feet.The property is completely devoid of landscaping.

The City of Hoboken uses the property for the maintenance, parking and storage of its municipalvehicles, both usable and derelict. Police, sanitation and other City agency vehicles, including cars,trucks and other equipment, are maintained at this facility. A large number of municipal vehicles(including trucks, police cars and motorcycles) and impounded vehicles are stored in the garage and inthe yard. A supply of road salt is stored in the yard as well. The facility is also used for the temporarystorage of materials and items to be recycled. These include refrigerators, air conditioners and otherequipment, as well as household recycling and hazardous materials awaiting transport. The complex isin operation from 5:00 AM to 8:00 PM, seven days a week. However, the police department uses thefacility on a 24-hour per day basis, as needed.

The garage structure is located on the southeastern portion of the property. It consists of an “L”-shapedstructure comprised of two adjoining buildings totaling ±20,000 square feet in area. Overall, thebuildings’ exterior frontages are in good condition, but for some sections of their façades. There are nowindows on any portion of the façades, and the buildings’ outside walls are situated directly on thestreet line, providing no setback. The buildings occupy the property’s entire Observer Highway andPark Avenue frontages.

The yard is fenced along its Willow Avenue frontage, where there are two vehicular entrances. Theyard is filled to capacity with parked or stored trucks and cars, and damaged and abandoned vehiclesawaiting disposal. In addition, there are a number of dumpsters holding recycled materials on-site,three freight containers used to store equipment and materials, and, as indicated, a large mound of road

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CITY OF HOBOKEN, NEW JERSEY 5

salt. There is also a small shed where refrigerators and air conditioners are being stored for disposal.Much of the recyclables and materials are stored on the ground in a haphazard fashion, and the yard isfilled to capacity with vehicles and containers.

2B. Block 1, Lots 11, 12, 13, 14 – 83 Willow Ave. LLCThis ±0.2 acre property, owned by 83 Willow Avenue, LLC, is located at the corner of Willow Avenueand Newark Street. The property is fully paved and is used for accessory resident parking for theJefferson Trust residential building on Newark Street, at the intersection of Willow and Newark(diagonally across from the property). The property has an access driveway on Willow Avenue, and isfenced along its two frontages. There is wall between the property and the residential building to theeast, and fencing adjacent to the municipal garage property to the south. There is no formal landscapingon the property, although there are a few trees along its southern perimeter. Parking is striped for ±32cars, including several “tandem” spaces. The property is maintained in good condition.

Figure 3: Aerial Photo of Redevelopment Area

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3. GOALS OF THE REDEVELOPMENT PLANAND RELATIONSHIP TO LOCAL OBJECTIVES

3A. Redevelopment Plan Goals and ObjectivesThe specific goals and objectives of the Redevelopment Plan with respect to Lot 1 are as follows:

• To provide for appropriate land uses that will eliminate blight, promote economic developmentand growth opportunities, and serve the needs of the community.

• To provide for an increase in the economic base of the redevelopment area and the entire Cityby redeveloping underutilized and non-productive properties.

• To minimize the negative impact of existing land uses in the redevelopment area on thesurrounding neighborhood.

• To encourage the revitalization of the redevelopment area in a manner that is compatible withthe character of adjacent properties and land uses.

• To capitalize on the existing strengths of the redevelopment area, including its proximity to amass transit hub and major roads.

• To facilitate the relocation of the existing garage facility to a more appropriate location withinthe City.

Under the Redevelopment Plan, the existing Lots 11 through 14 will continue to be regulated underexisting R-1 zoning requirements.

3B. Relationship to the Master PlanThe City of Hoboken’s objectives with respect to the redevelopment of the municipality as a whole areexpressed in the City of Hoboken Master Plan adopted in 2004. The Master Plan Land Use Elementplaces the redevelopment area in the B-3 Business land use category. The following is noted regardingthe B-3 designation:

Permitted uses in this area should include a mix of land uses. Relatively intensedevelopment in terms of height or density… as part of comprehensive redevelopmentthat includes public benefits, such as provision of open space, preservation of historicbuildings, and/or creation of transportation improvements.

The Land Use Element of the Master Plan does not specifically address the redevelopment areaproperties themselves. However, it makes the general recommendation that there be “appropriateredevelopment of key underutilized sites.”

The Land Use Element is clear in recommending action to prevent the underutilization of scarcedevelopable land, such as use for open lot parking, and includes a recommendation to prohibit the

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creation of new open parking lots. Where they exist, the Master Plan recommends shielding theparking area and vehicles from view. It states:

Land in Hoboken is at a premium, and as such, there should not be surface parkinglots taking up land solely for the storage of motor vehicles. Where new parking lotsare necessary, they should be constructed as multi-level facilities that are masked intheir appearance by other uses on the exterior.

Further, to lessen the detrimental impacts of parking areas, the Land Use Element recommends thatparking be hidden on the ground level of buildings. It states: “Ideally, parking should be screened byresidential or retail uses.” Where these open lot uses already exist, however, the Master Planrecommends the following:

Where surface parking lots already exist, additional trees and other plantings shouldbe provided to soften their appearance. Street trees should be provided along streetfrontages, with shrubbery along parking aisles to block automobiles from view. Treesshould also be planted on islands within larger parking lots.

The Land Use Element further calls for the conversion of Observer Highway into a “boulevard, statingthat “This street has the potential to be a defining gateway to Hoboken” and that for this to happen,development on Observer Highway shall “improve its appearance.”

Finally, beyond the Master Plan’s general recommendations, the Community Facilities Elementspecifically recommends the relocation of the municipal garage complex that is located in theredevelopment area. It states:

(The City Garage’s) location along Observer Highway between Park and WillowAvenues is no longer appropriate for what is essentially an industrial use, with trucktraffic and repair among other functions. Moving the garage to a larger site in thenorthwest corner of the City would allow for more efficient operations in anappropriate location, while enabling the City to reuse or sell the property upon whichit is currently located.

Accordingly, the Redevelopment Plan is consistent with the Master Plan for the City ofHoboken.

3C. Relationship to the Zoning CodeThe redevelopment area lies within two zoning districts: the I-2 Industrial zoning district and the R-1Residential zoning district (Figure 4). The zone line bisects the study area east to west, dividing themunicipal garage property (Block 1, Lot 1) between the two districts. The actual garage structure and aportion of the adjacent yard are located within the I-2 district. The remaining paved area on Lot 1 andthe parking area on Lots 11, 12, 13 and 14 are located in the R-1 district.

Permitted uses in the I-2 zone include food processing and distribution; manufacturing, processing andfabricating operations in fully enclosed buildings and pursuant to ordinance performance standards;

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retail businesses; public uses; parks and playgrounds. Permitted conditional uses include manufacturingand processing operations pursuant to ordinance performance standards (with no requirement to be infully enclosed buildings); automotive sales, service stations, garages; and public parking facilities andaccessory uses not located on the same lot as the principal use. Accessory uses include off-streetparking and loading; uses customarily incidental to principal permitted uses on the same tract; signs;and wireless telecommunications antennas.

Bulk standards in the I-2 zone for non-residential uses require a minimum lot area of 5,000 square feet,minimum lot width of 50 feet and minimum lot depth of 100 feet. The required minimum front setbackis 5 feet, the minimum rear setback is 15 feet, and the minimum side yard setbacks are 5 feet for eachside. The maximum building height is 2 stories or 40 feet. Maximum lot coverage is 60% and themaximum FAR is 1.25.

Ordinance “performance standards” referenced above include the requirement for buffer areas alongstreet and lot lines for new industrial uses where the I-2 zone abuts residential and special districts, andspecifically indicates buffers are required along Park Avenue, Willow Avenue and Observer Highway.

Permitted uses in the R-1 zone include residential buildings, and retail businesses and services.Permitted conditional uses include bars, restaurants, and sidewalk cafes, professional and businessoffices, home occupations, clubs and community centers, educational uses, public buildings, funeralhomes, clinics, nursing homes, public parking facilities, utilities or public services. The R-1 zonepermits accessory uses incidental to principal permitted uses.

Bulk standards in the R-1 zone include a minimum lot area of 2,000 square feet, a minimum lot widthof 20 feet, and minimum lot depth of 100 feet. The required minimum front setback is 5 feet and themaximum front setback is 10 feet. The minimum rear setback is the lesser of 30 feet or 30% of lotdepth. The minimum side yard is 0 feet or 5 feet. The maximum building height is 3 stories or 40 feet.The maximum lot coverage in the R-1 zone is 60%.

The development standards of the Redevelopment Plan shall supersede the provisions of the I-2 and R-1zoning districts unless otherwise indicated. Where there is a conflict between specific use, bulk or otherdevelopment provisions of the Redevelopment Plan and the I-2 and R-1 zoning districts, the provisionsof the Redevelopment Plan shall apply.

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Figure 4: Existing Zoning

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4. LAND USE AND DEVELOPMENT PLAN

4A. Existing Land UsesResidential uses adjoin the redevelopment area to the north and east. To the west, the Neumann Leatherfactory complex includes light industrial, commercial tenants as well as artists’ studios. New JerseyTransit railroad facilities are located to the south of the redevelopment area across Observer Highway.Hoboken Terminal, a major transportation facility that is served by commuter rail, light rail, heavy rail,local bus, ferry and taxi modes of transportation, is located about five blocks beyond the railroadfacilities to the east.

4B. Specific Land Use & Development GoalsThe Redevelopment Plan is intended to accomplish the following objectives:

• Replace the low-intensity, unattractive, municipal public works facility with a high-qualityresidential development that complements the neighborhood. Permit up to 240 multifamilyunits;

• Along Observer Highway and Willow and Park Avenues, allow up to 10,000 to 15,000 squarefeet of ground floor retail, community services, artists’ studios, or certain other uses, to provideconvenient shopping and services to the surrounding community;

• Take advantage of the proximity of PATH and other transit service to allow a reduction intypical parking ratios, to between 0.75 and 1 space per residential unit;

• Screen all structured parking from view of streets. Along Willow and Park, locate above-ground structured parking behind residential dwelling units or other active uses. AlongObserver Highway, locate above-ground structured parking behind similar active uses orscreen with architectural treatments;

• Minimize height and building bulk through ground-floor setbacks, upper-story stepbacks, andvariations in building massing;

• Encourage creative design and architecture, particularly a pedestrian-friendly and visually-interesting street-level presence through ground-floor treatments, architectural detail, andground-floor entrances.

• Allow development on Lots 11 through 14 consistent with the existing R-1 zoning district.

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4C. Specific Land Use Provisions

BLOCK 1, LOTS 11, 12, 13, AND 14The above parcels shall be regulated according to the Plan but utilizing the use, bulk, density andparking requirements articulated for the R-1 zoning district. All other applicable standards (such asfacade, signage, etc.), as set forth in the City of Hoboken Zoning Ordinance, will also apply.

BLOCK 1, LOT 1

Permitted UsesPRINCIPAL PERMITTED USES ON ALL LEVELS OF BUILDINGS

• Multifamily residential units are permitted on all levels of buildings, inclusive of a full rangeof dwelling unit sizes from studios to three-bedrooms.

• Facilities associated with residential buildings such as private resident gyms, private residentmeeting rooms or recreation rooms, or management offices (but not mechanical, laundry, trashrooms or other service-type rooms)

SECONDARY PERMITTED USES ON FIRST LEVEL OF BUILDINGS

The following uses are permitted only on the first level of building(s). The “first level” definition andspecific regulations are described in the next section.

• Retail and business services (maximum floor area of 2,000 square feet per individual use)

• Restaurants and cafes (maximum floor area of 2,000 square feet per individual use)

• Artist work studios, workshops and galleries

• Studios, including dance, rehearsal, exercise and music studios

• Health clubs

• Family day care

• Child care centers

• Clubs, community centers, and community meeting rooms

PERMITTED ACCESSORY USES

The following uses are permitted as accessory to the principal and secondary permitted uses.

• Off-street parking (for principal uses, as well as parking available for public use).

o Any number of levels of structured parking are permitted fully below grade; one levelof parking is permitted at or above grade.

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o The street-facing perimeter of any at-grade or above-grade level of parking shall belocated behind active uses (primary or secondary permitted uses) or anarchitecturally-detailed facade, as discussed further below in the section on Parking.

• Signs

• Bicycle storage rooms or areas

• Sidewalk seating for cafes and restaurants

• Parks, playgrounds, plazas, courtyards, gardens, and other recreational open space, eitherprivate or open to the public

• “Back room” facilities associated with residential buildings, such as mechanical, laundry, trashrooms, or other service-type facilities

• Other accessory uses customarily incidental to principal permitted uses and on the same tract

Regulations for First Level of UsesGOAL OF FIRST LEVEL REGULATIONS

The “first level” of building and parking areas is defined as the lowest level with a finished floorelevation within four (4) feet of grade, measured with respect to the grade at the closest public sidewalk.

The goal of the “first level” regulations is to maintain a relationship between buildings and the street,with active uses and windows close to the sidewalk rather than blank walls or large expanses ofparking. The ideal situation is for the first level of buildings along Willow and Park Avenues andObserver Highway to have residential uses (defined earlier as primary uses). However, in recognitionof possible flood-related constraints, certain non-residential uses (defined earlier as secondary uses) areallowed as alternatives on the first level.1

Furthermore, in recognition of the spatial constraints of the site, active (primary or secondary) first leveluses are optional on the first level along Observer Highway; parking is permitted to come to the frontsetback, but must be disguised with architectural detailing identical to the building above.

OBSERVER HIGHWAY FRONTAGE

Primary or secondary permitted uses are recommended, but not required, along the first level ofbuildings along Observer Highway. Where no active uses are provided, exposed at-grade or above-grade parking shall be screened behind active uses or architectural detailing (as described in Section onParking Location and Screening below).

1 The redevelopment plan area falls within Zone A5 of the 100-year flood as defined in FEMA’s FloodInsurance Rate Maps (FIRM maps). The Base Flood Elevation in this area is 10 feet (referenced withrespect to the National Geodetic Vertical Datum of 1929). The grade of the site has not beendetermined.

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WILLOW AVENUE AND PARK AVENUE FRONTAGES

Primary or secondary permitted uses are required along the first level of buildings along Willow andPark Avenues. The finished floor of the first level of any residential (primary) uses shall be betweentwo (2) and four (4) feet above grade. The finished floor of any non-residential (secondary) uses shallbe no higher than four (4) feet above grade.

Bulk StandardsBulk standards for new construction shall be according to the following criteria. The bulk standardsprovided herein regulate the building envelope and shall supersede all bulk, density, area and heightprovisions of the City of Hoboken Zoning Ordinance.

YIELD

• The maximum floor area ratio (FAR), excluding floor area devoted to parking, shall be 6.0.

• The maximum number of dwelling units shall be 240.

• A mix of residential unit sizes is permitted and encouraged; however, the gross average unitsize (incorporating hallways, stairs and elevators, lobbies, laundry, and other interior commonareas) shall be at least 1,100 square feet.

• Up to 10,000 square feet of retail or other permitted non-residential uses are allowed on thefirst level along any and all streets.

o If flood control regulations preclude residential uses on the first level along Willowand/or Park Avenues, non-residential (secondary) uses shall be provided on the firstlevel along these streets. In that case, the maximum amount of retail is increased to15,000 square feet.

BUILDING COVERAGE & LOT DIMENSIONS

The maximum building coverage is as follows:

• On the first level, the maximum building coverage (ratio of building area to lot area) is 95percent.

• On levels two and higher, the maximum building coverage is 85 percent.

• On levels eight and nine, the maximum building coverage is 25 percent

The following lot dimensions apply if Block 1, Lot 1 is divided into separate tax lots.

• Lot area, minimum: 2,500 square feet

• Lot width, minimum: 50 feet (as measured along any street frontage)

• Lot depth, minimum: 100 feet

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BUILDING DIMENSIONS

HeightExcept as provided for below, the maximum height allowed across the entire redevelopment area isseven (7) stories and seventy-five (75) feet, relative to the grade of the lot.

The southeast corner of the redevelopment area is permitted an additional two (2) stories of height, upto nine (9) stories and ninety-five (95) feet, in the area that is within 100 feet of the right-of-way ofObserver Highway and within 125 feet of the right of way of Park Avenue. See Figure 5, BuildingHeight, Setbacks, and Stepbacks.

Stepbacks also apply at certain levels, as described below under Building Setbacks.

Rooftop mechanical equipment is permitted to exceed the permitted building height, subject to theprovisions set forth herein and § 196-23 of the Hoboken Zoning Ordinance.

Length and WidthLarge buildings exceeding 100 feet along any side shall be designed to appear as a series of smallbuildings, so as to give the impression that no individual building exceeds 100 feet in length and width.Structured parking deck(s) may connect between adjacent buildings for circulation purposes.

BUILDING SETBACKS AND STEPBACKS

Figure 5, Building Envelope: Height, Setbacks, and Stepbacks, also sets forth the required setbacksand stepbacks along all street-facing frontages.

Street-facing Setbacks and StepbacksBuildings shall be oriented to face streets. The rear of a building is not permitted to be adjacent to orface a street. Any portion of a building facing a street is termed “street-facing” and is considered thefront of a building.

Rooftop mechanical equipment shall be set back at least ten (10) horizontal feet from uppermost street-facing façade planes.

At-grade / First Level Stepbacks

Along Observer Highway, the first level shall be set back between three (3) and ten (10) feet from thestreet in order to create a landscaped area.

Along Willow and Park Avenues, the first level shall be set back between three (3) and seven (7) feetfrom the street in order to create a landscaped area.

Setback areas shall be attractively landscaped with plants and/or paving. If the front setback depth isthree (3) feet or less, landscaping shall be provided within an at-grade garden area. If the front setbackis more than three (3) feet, a landscaping planter is allowed as an option to an at-grade garden. Lowfences, walls, and gates characteristic of Hoboken may be provided along the front of the landscapedarea, not to exceed three (3) feet in height.

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14

13

12

11

1

15

16

17

18

19

20

MAX HEIGHT9 stories / 95 feet

MAX HEIGHT7 stories / 75 feet

25’

40’

125’

100’

5’

Zero foot (0’) side setback allowed along boundary

with Lot 11

Minimum 25 foot rear setback along boundaries with Lots 17, 18, 19, 20

Minimum 5 foot side setback at rear of

side yard line

Levels 2 to 5: 0 to 10 foot stepback

from Willow

Levels 2 to 5: 0 to 10 foot stepback

from Observer Hwy.

Level 1: 3 to 7 foot setback

from Willow

Level 1: 3 to 10 foot

setback from Observer Hwy.

Levels 6 & 7: additional 3 foot

stepback from 5th floor

Levels 2 to 5: 0 to 10 foot stepback from Park

Level 1: 3 to 7 foot setback from Park

Levels 6 & 7: additional 3 foot stepback from5th floor

Levels 8 & 9: additional 5 foot stepback from7th floor

0 foot side setback allowed along first 40 feet of boundary with Lot 20

Property lines

0 foot rear setback allowed along boundary with Lot 16

Levels 6 & 7: additional 3 foot stepback from 5th floor

Levels 8 & 9: additional 5 foot stepback from 7th floor

WIL

LO

W A

VE

NU

E

O B S E R V E R H I G H W AY

N E W A R K S T R E E T

PA

RK

AV

EN

UE

Figure 5: Building Envelope: Height, Setbacks, and Stepbacks

Note: This figure represents the building “envelope” and is provided for ease in visualizing the height, setback, and stepback regulations. It does not indicate the outlines or size of an actual building. Additional regulations from the Redevelopment Plan apply, and would further reduce the size and scale of any actual buildings.

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Middle Floors 2 through 5

There is no minimum stepback for floors two through five with respect to the property line at street-facing frontages. (All or any portion of floors two through five are therefore permitted to overhang levelone, and extend to the front lot line.) The maximum stepback in these locations is ten (10) feet.

Floors 6 and 7 Stepbacks

Along street-facing frontages, the sixth (6th) and seventh (7th) floors shall both be stepped back aminimum of three (3) feet with respect to the fifth (5th) floor in order to create a “datum” line thatrelates to the surrounding existing buildings by emphasizing the five-story height. Acceptable stepbackmethods are a flat three (3) foot stepback or a pitch with 1:1 or shallower slope. (Note that the 6th and7th floor stepbacks are measured with respect to the 5th floor, not to the street-facing property line.)

Penthouse Floors 8 and 9 Stepbacks

Floors on levels 8 and 9 are referred to as “penthouse” floors. Along street-facing frontages, anypenthouse floors shall be stepped back a minimum of an additional five (5) feet from the level below, soas to create a noticeable “datum” or roofline at the top of the seventh (7th) floor. (Note that thepenthouse is measured with respect to the level below, not to the street-facing property line.)

Side SetbacksSide setbacks occur at interior lot lines perpendicular to streets, in particular at the boundary with Lots11 and 20.

• Along Lot 11 and between any new buildings created within Lot 1, there is no minimum ormaximum side setback; zero lot line setbacks are permitted.

• Along Lot 20, a zero (0) foot side setback is allowed within forty (40) feet of the property lineat Park Avenue; farther back from the street, a minimum five (5) foot side setback shall beprovided along Lot 20.

Rear SetbacksRear setbacks occur at the boundary of Lot 1 with Lots 16 through 20.

• The minimum rear setback from Lots 17, 18, 19, and 20 shall be equivalent to a line extendingtwenty-five (25) feet back from and parallel to the line of Lots 18, 19, and 20.

• There shall be no minimum rear setback from Lots 16; a zero lot line setback is permitted.

SEPARATION BETWEEN BUILDING BAYS

A minimum of fifty (50) feet separation shall be provided between opposite sides of residentialstructures at the interior of the Lot 1, in order to provide light and air to residential units facing theinterior of the lot.

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Parking & LoadingPARKING RATIOS

This plan recognizes the area’s proximity to the excellent transit service at the Hoboken Terminal, aswell as the walkable nature of downtown Hoboken, with housing, retail, and civic services very close athand.2 Accordingly, the amount of land devoted to off-street parking is restricted.

Residential Parking RatiosThe minimum parking ratio for residential uses shall be 0.75 spaces per unit and the maximum parkingratio shall be 1.0 spaces per unit.

Non-Residential Parking RatiosNo off-street parking is required for any retail or other non-residential uses.

PARKING ACCESS

All residential parking spaces shall be provided off-street in a common facility that is available forshared use by tenants, visitors and the general public. A key-operated tenant-only elevator may beprovided for security purposes.

Garage entries and driveways are prohibited on Observer Highway.

PARKING LOCATION AND SCREENING

All off-street parking shall be in structured parking underneath buildings or landscaped courtyards;open surface parking is prohibited.

Along the Willow Avenue and Park Avenue frontages, any at-grade or above-grade structured parkingshall be located behind active uses, as described further below. Along Observer Highway, greaterflexibility in terms of screening at-grade or above-grade parking is permitted.

Parking Levels along Willow and Park

At-grade or above-grade parking is permitted to extend to the front setback (minimum 3 feet fromproperty line) along Willow or Park Avenues only between zero (0) and four (4) feet above grade. Thepattern of any garage windows openings (between 0 and 4 feet above grade) shall align vertically withthe pattern and/or spacing of residential bays and windows above. Windows shall be glazed andtranslucent, but not transparent or tinted. Decorative metal grilles maybe used in combination withglazing on garage openings 2 The walkable and highly accessible nature of Hoboken is reflected in its residents’ travel behavior. The

2000 Census showed that 57 percent of the City’s population commutes to work by publictransportation. Furthermore, about 38 percent of the households in Hoboken do not own a car, and 48percent own only 1 car. These figures are Citywide averages; on a site that is only five blocks from theHoboken Terminal, lower automobile reliance may be expected.

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Any parking areas above four (4) feet above grade shall be fully hidden behind primary or secondarypermitted uses. Such uses shall be at least 30 feet deep. Figure 6, Parking Screened by Housing,depicts a first level of housing used to screen parking areas.

Parking Levels Along Observer HighwayAt-grade or above-grade parking is permitted to extend to the front setback (minimum 3 feet fromproperty line) along Observer Highway only between zero (0) and four (4) feet above grade. The patternof any garage windows openings (between 0 and 4 feet above grade) shall align vertically with thepattern and/or spacing of residential bays and windows above.

Any parking areas more than four (4) feet above grade shall be screened from view using one of the twooptions described below.

Figure 6: Parking Screened by Housing

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Option 1: Screening with Primary or Secondary Active Uses

Exposed parking areas shall be screened with primary (residential) or secondary (retail or other non-residential) permitted uses, similar to the approach described above.

• Residential uses shall have a first level finished floor grade of between two (2) and four (4)feet above grade.

• For non-residential uses, as described above under Secondary Permitted Uses, the first levelfinished floor grade shall be between zero (0) and four (4) feet above grade.

Option 2: Screening with Architectural Treatment

Exposed parking areas along Observer Highway shall be articulated according to the followingstandards:

• The façade shall be broken into 20 to 50 feet structural bays, using elements similar to thoseestablished for Building Massing, set forth in a section below.

• The parking level shall be designed to “read” as a base to the building, using glazed windowsand other elements similar to those established for Building Massing, set forth in a later sectionbelow. Windows shall be glazed and translucent, but not transparent or tinted.

• The façade shall disguise any ramps or sloping levels of the parking garage so that they appearlevel.

• The façade shall use the same type and quality of materials as the residential portion above.

• The pattern of garage window openings shall align vertically with the pattern and/or spacing ofresidential bays and windows above.

ExceptionsAn exception to the screening requirement is made for garage entrances and exits, which are permittedto be fully exposed to street-facing frontages along Willow and/or Park Avenues.

• Garage entrances / exits and garage curb cuts shall not exceed twenty (20) feet in width.

• No more than one garage entrance or exit, and accompanying curb cut, shall be provided oneach of the three surrounding streets.

• Garage entrances / exits and driveways are prohibited on Observer Highway.

Bicycle Storage• Each building shall provide secure a lockable storage room for residents’ bicycles within the

building.

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LOADING

• There is no requirement for loading spaces for residential or non-residential uses.

• Off-street loading areas are prohibited.

• Trash and recycling storage areas shall be enclosed and located a minimum of 10 feet from anystreet or property line.

Design StandardsBUILDING MASSING

Horizontal Massing: Base, Middle and TopIn order to minimize the impacts of building bulk and height, building facades adjacent to streets shallprovide for a differentiated building mass consisting of a base, middle, and top, as follows:

Base

• The base of the building shall be defined on the first one or two levels.

• The base of the building shall be detailed in order to relate to pedestrians on the sidewalk.

• To visually ground the building, the base of the building should appear heavier than the upperlevels, through materials and material dimensions. For example, stone or masonry blockappear heavier than brick or wood.

Middle

• The middle of the building shall be distinguished from the base and top by horizontal beltcourses or cornices; and/or changes in material, masonry or fenestration pattern.

Top

• The top of a building shall be defined as the top floor or the roofline. The roofline of thebuilding shall be emphasized with a parapet wall and/or balustrade or deep cornice with aminimum 8-inch projection.

Vertical Massing: BaysThe facade plane of the building shall be broken into 20 to 50 foot-wide vertical bays.

• Bays shall be distinguished through elements such as columns, pilasters, gutters or expansionjoints, changes in facade plane, size and rhythm of window spacing, pattern of balconies,and/or variation in surface material and pattern.

• The vertical bays should extend through all above-ground stories of the building, includingparking levels, but may exclude any upper stories that are set back at least ten feet from theprimary facade plane.

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• The pattern of any retail or other non-residential façade areas should relate to the building’svertical bay pattern.

Balconies• Simulated or “Juliette” balconies (or balustrades) are permitted. Juliette balconies shall be of

open metalwork, guarding a fully-functional exterior door, and shall be detailed to match anyother true, recessed balconies in the same facade.

• Balconies over two (2) feet in depth (measured perpendicular to the façade plane) that face apublic street shall be entirely recessed within the primary façade plane.

• Balconies and terraces are encouraged for units that face the interior of the building.

BUILDING TRANSPARENCY

EntriesResidential Entries

A minimum of one building entrance leading to upper-level units shall be provided on each of the threebounding streets. These shared entries shall be located directly along and facing the street. Alternately,shared residential entries may be located off a major courtyard with frontage onto one of the threebounding streets. The courtyard shall be at least fifty (50) feet in width (measured perpendicular to thestreet), attractively landscaped and well-lit.

In addition, at least one-half of any first level residential (i.e., primary uses) units facing WillowAvenue shall have individual unit entrances onto the street, with stairs and stoops leading up to thefinished floor elevation. Stairs and stoops to first level residential units shall project perpendicularlyfrom the street-facing façade.

Non-Residential Entries

Each of any non-residential businesses (i.e., secondary uses) or spaces shall have its own individualentrance from the sidewalk. Mall-style interior entrances are prohibited for these uses.

Design

Building entries shall be clearly visible and distinguished from the rest of the front facade throughprojections, recessions and/or material changes. The distinguishing features of such entries should bevertically articulated through all levels of the building.

WindowsWindow size and proportion are allowed to vary in order to complement a variety of building styles.The percent of the façade area of each level of buildings devoted to windows shall be as follows.

First Level Windows

For a non-residential uses, storefront-style plate glass windows shall occupy at least 70 percent of thefaçade area

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For residential uses or parking areas disguised with architectural detailing, residential windows shalloccupy at least 40 percent of the façade area

Upper-Level Windows

Along Observer Highway and along Willow and Park Avenues within 100 feet of the ObserverHighway frontage, windows shall occupy at least sixty (60) percent of the residential portion of thefaçade area.

Along Willow and Park Avenues, more than 100 feet from the Observer Highway frontage, windowsshall occupy at least thirty (30) percent of the residential portion of the facade area.

MATERIALS

The following material requirements apply to all façades.

• Stone, masonry, brick, wood, and glass, as well as cast iron, steel, aluminum and other types ofmetal are preferred primary materials for façades. However, no more than three differentmaterials should be used as primary materials on the building facade.

• Security grates, access panels, and garage window grilles should be enlivened with artwork,decorative tiling or ornamental ironwork where possible.

• Materials should be extended around corners and extensions in order to avoid a “pasted-on”appearance. All building facades adjacent to or easily visible from a public street, walkway, oropen space should exhibit the same degree of architectural detailing as the building’s adjacentfacade.

• Reflective or tinted glass is prohibited.

SignageThe following apply to signage for any non-residential (secondary) uses:

• Building design shall provide a logical space within the first level, above any retail orcommercial storefronts, doors, or windows, for retail signage. Signage shall be placed so as notto obscure the structural or architectural elements of the building.

• Building-mounted signs shall only display information about the businesses or residenceslocated on the property.

• Internally illuminated signs shall not have a white or light-colored background or signboard.

• Sign illumination shall not cast light into residential windows

• Freestanding signs are prohibited.

Other regulations pertaining to signs shall be pursuant to Article IX of the City of Hoboken ZoningOrdinance, as specifically provided for the City’s residential zones.

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Green ArchitectureROOFTOP DECKS & LANDSCAPING

All rooftop areas shall be designed to meet one of the following two requirements:

• Be designed to be LEED-qualified. LEED goals for roofs include reducing the heat islandeffect and minimizing impervious surfaces.

• Provide resident access and landscaping as follows:

o Between 25 and 50 percent of the rooftop area shall be devoted to deck areas accessible toall building residents;

o The remainder of the roof area shall be attractively landscaped to provide a visual amenityand to provide shade and insulation for the building below.

LEED CERTIFIABLE-DESIGN

It is highly recommended that buildings be designed so as to achieve “Certified” LEED status or higher(i.e., Certified, Silver, Gold or Platinum) as determined in accordance with the U.S. Green BuildingCouncil’s Leadership in Energy and Environmental Design (LEED) Green Building Rating System.(see http://www.usgbc.org.)

4D. Streetscape ImprovementsAll existing above-ground utility wires and facilities shall be relocated underground, and any new utilitywires shall be located underground

Where existing trees do not exist, street trees shall be planted, at approximately 30 feet on center, alongthe curbside edge of the public sidewalk on the three bounding streets. Exceptions to the 30-footspacing are allowed for curb cuts to parking areas and lobby entrances.

Bicycle locks shall be provided outdoors at each shared building entry, within 20 feet buildingentrances. Bicycle locks may be located on public streets or within building setbacks.

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5. REDEVELOPMENT ACTIONSThe Redevelopment Plan provides for a number of actions in support of the overall plan objectives:

5A. Properties to be AcquiredTo implement this redevelopment plan, the City of Hoboken intends to exercise its option to reacquireLot 1 from the Hudson County Improvement Authority. Should Lots 11 - 14 not be privately improvedin accordance with this redevelopment plan, the City reserves the right to acquire same.

5B. Other ActionsIn addition to the demolition, new construction and acquisition described above, several other actionsmay be taken to further the goals of this plan. These may include, but shall not be limited to:

• Clearance of abandoned, deteriorated, obsolete structures or uses or structures, or remains ofstructures, on underutilized land areas, where necessary.

• Construction of new structures or other improvements.

• Provisions for public infrastructure necessary to service and support new development.

• Environmental remediation.

• Vacation of public utility easements as may be necessary for redevelopment.

5C. RelocationImplementation of the Redevelopment Plan may require the displacement and relocation of uses locatedwithin the redevelopment area. The City will comply with the requirements of the New Jersey Staterelocation statutes and regulations as applicable, and will provide all benefits and assistance requiredunder the statute.

5D. LinkagesThe plan recognizes that the redevelopment area provides opportunities to develop supportive linkagesto areas of Hoboken surrounding the redevelopment area. Uses in the neighborhoods adjacent to theredevelopment area include residential, commercial and industrial developments. Hoboken’s primarycommercial district is located a short distance from the redevelopment area. These areas will provideservices for the residents of the new development, as well as residential and worker populations thatwill potentially utilize any commercial uses located within the redevelopment area. In addition, a rangeof public transportation options are provided within walking distance of the redevelopment area atHoboken Terminal and at bus stops on Observer Highway and Washington Street. The proximity of theredevelopment area to public transportation and major roads will enhance its attractiveness toprospective redevelopers.

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6. RELATIONSHIP TO OTHER PLANS

6A. Relationship to Master Plans of AdjacentMunicipalities

The City of Hoboken is bordered by three New Jersey municipalities: Jersey City, Union City andWeehawken. None of these communities directly abuts the redevelopment area. Redevelopment of thearea consistent with Redevelopment Plan goals will not have any adverse impact on adjacentmunicipalities.

6B. Relationship to the Hudson County Master PlanThe City of Hoboken is located in Hudson County. The Hudson County Master Plan was adopted inFebruary 2002. The General Goals of this plan are as follows:

• To improve the overall quality of life in Hudson County.

• To provide for the economic revitalization of the County’s commercial and industrial base.

• To preserve the character of existing well-established neighborhoods.

• To improve the transportation network.

• To increase the tax base.

The Hudson County Master Plan is therefore substantially consistent with the City’s efforts to revitalizethe redevelopment area, as expressed in the Redevelopment Plan.

6C. Relationship to the State Development andRedevelopment Plan

Among the State Plan’s intentions is to revitalize the state’s existing urban areas by directing growthand development to those areas. On the State Plan Policy Map, the redevelopment area is located in theMetropolitan Planning Area, which is identified in the State Plan as an appropriate location for much ofthe State’s new growth. By virtue of its excellent access and prominent location, the area is by allmeasures an appropriate location for new growth. The redevelopment plan will facilitate growth in thisarea.

The Redevelopment Plan is intended to foster the redevelopment of a small but underutilized portion ofHoboken. It is the goal of the Redevelopment Plan to place into productive use less than fullyproductive lands and structures. In particular, the redevelopment effort will focus on the redevelopmentof an underutilized area consistent with the goals, strategies and policies of the State Plan.

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7. GENERAL PROVISIONS

7A. EasementsNo building shall be constructed over a public easement in the redevelopment area without prior writtenapproval of the Engineer of the City of Hoboken.

7B. Site Plan and Subdivision ReviewPrior to commencement of construction, site plans for the construction and/or rehabilitation ofimprovements within the redevelopment area, prepared in accordance with the requirements of theMunicipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), shall be submitted by the applicants for reviewand approval by the Planning Board of the City of Hoboken so that compliance with the RedevelopmentPlan can be determined.

Any subdivision of lots and parcels of land within the redevelopment area shall be in accordance withthe requirements of this Redevelopment Plan and the subdivision ordinance of the City of Hoboken.

No construction or alteration to existing or proposed construction shall take place until a site planreflecting such additional or revised construction has been submitted to, and approved by, the PlanningBoard. This pertains to revisions or additions prior to, during and after completion of theimprovements.

7C. Adverse InfluencesNo use or reuse shall be permitted which, when conducted under proper and adequate conditions andsafeguards, will produce corrosive, toxic or noxious fumes, glare, electromagnetic disturbance,radiation, smoke, cinders, odors, dust or waste, undue noise or vibration, or other objectionable featuresso as to be detrimental to the public health, safety or general welfare.

7D. Non-Discrimination ProvisionsNo covenant, lease, conveyance or other instrument shall be affected or executed by the City Council ofthe City of Hoboken or by a developer or any of his successors or assignees, whereby land within theredevelopment area is restricted by the City Council of the City of Hoboken, or the developer, upon thebasis of race, creed, color, or national origin in the sale, lease, use or occupancy thereof. There shall beno restrictions of occupancy or use of any part of the redevelopment area on the basis of race, creed,color or national origin.

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7E. Duration of the PlanThe provisions of this Plan specifying the redevelopment of the redevelopment area and therequirements and restrictions with respect thereto shall be in effect for a period of 40 years from thedate of approval of this plan by the Mayor and Council of the City of Hoboken.

7F. Variance RequestsThe Planning Board may grant variances from the regulations contained within this RedevelopmentPlan that are equivalent to the variances described in N.J.S.A. 40:55D-70c of the Municipal Law UseLaw (commonly referred to as ‘c’ variances”). Such variances from the requirements of thisRedevelopment Plan may be granted where, by reason of exceptional narrowness, shallowness or shapeof a specific piece of property, or by reason of exceptional topographic conditions, pre-existingstructures or physical features uniquely affecting a specific piece of property, the strict application ofany area, yard, bulk or design objective or regulation adopted pursuant to this Redevelopment Plan,would result in peculiar practical difficulties to, or exceptional and undue hardship upon, the developerof such property. The Planning Board may also grant such relief in an application relating to a specificpiece of property where the purposes of this Redevelopment Plan would be advanced by a variancefrom the strict requirements of this Plan and the benefits of the variance would outweigh anydetriments. No relief may be granted under the terms of this section unless such variance or relief canbe granted without substantial detriment to the public good and without substantial impairment of theintent and purpose of the Redevelopment Plan. In order to demonstrate the above proofs, an applicantshall provide the testimony of a licensed Professional Planner. An application for a variance from therequirements of this Redevelopment Plan shall provide public notice of such application in accord withthe requirements of public notice as set forth in N.J.S.A. 40:55D-12a and b. Notwithstanding theabove, the Planning Board shall not have jurisdiction to hear applications for, or to grant, variancesfrom the requirements of this Redevelopment Plan that are equivalent to variances described in N.J.S.A.40:55D-70d of the Municipal Law Use Law (commonly referred to as ‘d’ variances”).

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8. OTHER PROVISIONSIn accordance with N.J.S.A. 40A:12A-1 et seq., known as The Local Redevelopment and Housing Law,the following statements are made:

• The Redevelopment Plan herein has delineated a definite relationship to local objectives as toappropriate land uses, density of population, and improved traffic and public transportation,public utilities, recreation and community facilities and other public improvements. The Planhas laid out various programs and strategies needed to be implemented in order to carry out theobjectives of this Plan.

• The Redevelopment Plan lays out the proposed land uses and building requirements for theredevelopment area.

• In the event that businesses in the redevelopment area shall be displaced by the condemnationand/or acquisition of property by the City of Hoboken, adequate provision for the permanentrelocation of such businesses, as necessary, shall be made in accordance with all applicablestate and federal regulations.

• No privately owned lots within the redevelopment area are contemplated for acquisition by theCity of Hoboken as part of the redevelopment effort.

• As indicated in Chapter III, this Redevelopment Plan is consistent with the Master Plan for theCity of Hoboken. The Plan also complies with the goals and objectives of the New JerseyState Development and Redevelopment Plan.

• This Redevelopment Plan shall supersede all provisions of the Zoning Ordinance of the City ofHoboken regulating development in the area addressed by this Redevelopment Plan. In allsituations where zoning issues are not specifically addressed herein, the Hoboken ZoningOrdinance shall, however, remain in effect. No variance from the requirements herein shall becognizable by the Zoning Board of Adjustment. The Planning Board shall have the authority togrant deviations from the requirements of this Plan, as provided herein, except that requests for“d” variances as set forth in N.J.S.A. 40:55D-70d shall only be permitted by the City Councilthrough the amendment of this Redevelopment Plan. Final adoption of this Plan by the CityCouncil of the City of Hoboken shall be considered an amendment of the City of HobokenZoning Map.

• If any section, paragraph, division, subdivision, clause or provision of this RedevelopmentPlan shall be adjudged by the courts to be invalid, such adjudication shall only apply to thesection, paragraph, division, subdivision, clause or provision so judged, and the remainder ofthis Redevelopment Plan shall be deemed valid and effective.

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9. PROCEDURE FOR AMENDING THEAPPROVED PLAN

This Redevelopment Plan may be amended from time to time upon compliance with the requirementsof state law. A fee of $1,000 shall be paid by the party requesting such amendment, unless the requestis issued from an agency of the City. The Planning Board, at its sole discretion, may require the partyrequesting the amendments to prepare a study of the impact of such amendments, which study shall beprepared by a professional planner licensed in the State of New Jersey.