City of Jersey City Municipal Land Use Ordinance

On Wednesday evening, April 11th, the new Municipal Land Use Ordinance (MLUO) came before the City Council in its second and final reading. Essentially, the Council would be voting on whether to authorize and put into law a complete restatement of the zoning regulations that would cover approximately 45% of the City. Those sections of the City not covered by the MLUO are those sections of the City covered by one of fifty plus Redevelopment Plans (i.e.: MLK, Morris Canal, Newport, etc.) Coming closer to home and of concern to our community; the MLUO also included a section identified as ARTICLE VI: the PALISADES PRESERVATION OVERLAY DISTRICT (PPOD). The purpose of this section of the MLUO was to provide protection for the Palisades Cliffs in our City from the Union City boarder, South to Montgomery Avenue. The intention of the PPOD is to prevent over-development along the top of the cliff in the form of buildings similar to the Doric. At the same time, it is intended that the PPOD would eliminate the possibility of a wall of buildings at the base of the Cliffs and thus blocking the view of the Palisades from below.

As a community, we can be proud that a few dedicated individuals from our neighborhood took the initiative about a year ago to push for a "Steep Slope Ordinance". The concept of a Steep Slope Ordinance had been around for many years. Previous efforts were initiated in the past after both Union City and Weehawken adopted similar arrangements. The Steep Slope Project was reinitiated during the Millennium Towers debacle last Spring. The logic was to be prepared for the next "millennium". Without proper protection, it was envisioned a wall of high-rise buildings would eventually fill the north section of the Jersey Avenue Redevelopment Zone from the base of the cliffs to the Hudson River.

Last summer, an independent Public Planner was retained using funds donated by the community. With the direction of the community, the planner set out to draft an ordinance that was submitted to the City’s Planning Department in September. It was hoped, that with minor modification, the proposed ordinance would have been submitted to the Planning Board and eventually the City Council for its approval. Unknown to our community (and all of Jersey City for that matter), the City’s Planning Department had been working with outside Consultants to re-write the City’s entire Zoning and Land Use Ordinance. A draft of the MLUO first surfaced in late February and included in that document was the "Steep Slopes" Article.

It was generally agreed, that the City’s initial version of the steep slope section was weak and required some revisions. During early March, Robert Cotter, Chief Planner for the City met with our group to review the proposed document and consider some change. While we did not get everything we wanted, some revisions were made to the final draft. It was apparent to all, that the City intended to "fast track" the approval of the MLUO and it was agreed that having the current sitting City Council consider the document was better than having no protection considering the current development pressure at our cliffs.

During the public hearing portion of the Ordinance reading, numerous citizens stood in line to share their thoughts on the MLUO. Of the approximately 150 individuals in the audience, the majority was there to share its support for the WALDO overlay district. The WALDO district is the old warehouse section downtown that had been previously set-aside as a Loft District for artist studios. Under the revised WALDO overlay district, habitation will be allowed in the buildings that had previously been designated as "work only". The owners of some of the WALDO buildings and their legal counsel voiced the only objections during the evening.

When the final vote was taken, all nine members of the City Council supported the MLUO. As a community, we should be very grateful for the hard work our neighbors put into this effort; especially Clif Steinbring and Doris Conrad Brown who led the effort. In the interim, this group intends to continue to work with the City’s Planning Department to amend deficiencies in the ordinance. In particular, we are hoping to expand the ordinance with respect to the PPOD to include the following:

  • The grade percentage that defines a steep slope.
  • The use of a density reduction table that will correspond to all slopes.
  • Establishment of standards covering "cut and fill", which would place limitations on blasting, embankments and stilts.
  • Establish "view planes" of the Statue of Liberty from public access points such as parks and schools.

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PALISADES PRESERVATION OVERLAY DISTRICT ARTICLE VI

A. Establishment of District

1. There is hereby established within the City of Jersey City an area which shall be known as the Palisades Preservation Overlay District (PPOD), in which land development and construction shall be subjet to the special regulations contained in this Section.

2. The PPOD shall be designated on the Zoning Map of the City of Jersey City, and shall run along the Palisades from Montgomery Street north to the Union City boundary line.

3. The PPOD shall prevail upon all land regulated under this Chapter, as well as those properties within a duly adopted redevelopment area. Redevelopment plans shall be amended, or initially written, as the case may be, to refer to or include the requirements of this Subsection.

4. All uses permitted in the zone or redevelopment plan in which the property is located shall be permitted in the PPOD, provided however that the setback and procedural regulations and performance standards of this article shall apply to any such uses, whether permitted as of right, by conditional use or by use variance.

B. Procedural Regulations

1. The following information shall be submitted in addition to any information required to be submitted in Section 345-69, Site Plan Checklist.

a. A topographic map of the site at two foot contour intervals (drawn in a lighter line weight) where the slope is less than 10% , and ten foot contour intervals (drawn in a heavier line weight) where the slope exceeds 10%.

b. A land form analysis which shows the location and extent of the site's major landforms including the Top of the Cliff, the Cliff face, the Side slope and the base of the Slope. Any exposed Cliff face shall be shown. The area in each land form category shall be calculated and shown on the land form analysis.

c. A physical description of the site which shall include a technical summary of site characteristics such as soils, load bearing capacity, erosion potential, depth to bedrock, etc.

d. Site grading and development data which shall include the type and location of development activity, procedures for grading, excavation, construction access and stockpiling, extent and phasing of construction and cut and fill operations.

C. Performance Standards

1. The minimum building setback line from the edge of the Cliff face at the Top of the Cliff shall be thirty (30') feet. The minimum building setback line from the edge of the Cliff face from the base of the cliff shall be sixty-five (65') feet.

2. For purposes of preservation of the Palisades Cliff face, no portion of any building or structure shall be constructed on that portion of a lot which has a grade, prior to such construction in excess of thirty (30%) percent, or on any portion of the lot, which lies within ten (10') feet of the portion having such grade.

3. No portion of a building built below the Palisades within the PPOD and within 450 feet of the Cliff Face, including all bulkheads, parapets and penthouses shall extend into the area occupied by the top twenty-five percent (25%) of the distance between the top of cliff and the lowest portion of existing grade of a development site.

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