Mayor & Council

MINUTES Mayor and Council Regular Meeting May 30, 2024 7:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held in person at the River Edge Public Library located at 685 Elm Avenue, River Edge, NJ 07661 and virtually via Zoom on May 30, 2024. The meeting was called to order at 7:00 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for loved ones who have passed away. He then led those present in a salute to the flag. STATEMENT OF COMPLIANCE - Mayor Papaleo read the Statement of Compliance into the record as follows: Statement of Compliance with Open Public Meeting Act: This meeting complies with the Open Public Meeting Act by notification on January 11th of this location, date and time to the Town News and the Record and by posting of same on the municipal bulletin board and Borough website and filing a notice of the same with the Municipal Clerk. ROLL CALL PRESENT: Councilwoman Kaufman, Council President Montisano-Koen, Councilwoman Kinsella, Councilman Benson, Councilman Glass and Mayor Papaleo. ABSENT: Councilwoman Malellari ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney John L. Shahdanian, Esq. APPROVAL OF MINUTES – On a motion by Council President Montisano-Koen, seconded by Councilman Benson, with Councilwoman Kaufman abstaining from the Apil 8th Minutes, Council President Montisano-Koen abstaining from the May 13th Minutes, and all other members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting of April 8, 2024 and Mayor and Council Regular Meeting and Closed Session of May 13, 2024 are hereby approved. APPOINTMENTS & PERSONNEL CHANGES – On a motion by Councilwoman Kaufman, seconded by Councilwoman Kinsella, and all members present voting in favor, to approve the following appointments and personnel changes as amended: Approve appointment of Priti Dhariwal for a one-year term to expire 12/31/24, Theresa Esposito and Lori Esposito to two-year terms to expire 12/31/25, and Michele Cariddi to a three-year term to expire 12/31/26 to the Shade Tree Advisory Committee effective May 30, 2024.  Approve appointment of Mayor Thomas Papaleo, Councilman David Glass, and Councilwoman Lissa Montisano-Koen to the Affordable Housing Ad Hoc Committee effective May 30, 2024. Approve the resignation of Cecilia Ireola, Police Dispatcher effective May 31, 2024 Mayor Papaleo administered oath of office to Michele Cariddi who was joined by her husband. PRESENTATIONS – Councilwoman Kaufman recused herself from this discussion and left the dais. Potential Cannabis Retail Establishments Sweetspot River Edge, LLC The following representatives from Sweetspot River Edge, LLC were present for this presentation: • Matthew Gilson, Attorney for Sweetspot • Benjamin Herbst, Chief Development Officer • Blake Costa, Chief Operating Officer • Brian Intindola of Neglia Engineering, Traffic Engineer • Ivan Tuhktin, General Counsel & Director of Government Relations • Philip White, Landlord Mr. Gilson advised that Sweetspot River Edge, LLC is the contract tenant for 74 Route 4 East and is in possession of a conditional Class V License. He noted that they have a Land Use application ready to file, have conducted a traffic and parking study, and are looking to open by the end of the year. Mr. Herbst provided background on the current operations of Sweetspot as well as the type of clientele that they typically serve. He noted that they plan to put their experience to work to capitalize on job creation and tax revenue for River Edge. He commented that they are completely operationally prepared to launch this facility and are financially prepared to execute the proposed plan. Mr. Costa explained his role in the company and gave background information on himself. He advised that the team at Sweetspot built this company with their own hands and have had no regulatory violations or any major security concerns. He noted that they maintain a strong good neighbor policy and explained the ways that odor is mitigated. He finished by reviewing the safety and security measures that are in place. Mr. Herbst advised that they have a contingent lease and can commence construction immediately. He reviewed the parking that will be available as well as the average transaction times for preorders and in-store purchases. He noted that they met with the Police Chief and have agreed to have two off-duty officers onsite to alleviate any issues when the facility first opens. He detailed the benefits that would be realized the Borough by selecting Sweetspot to receive the letter of support. The governing body asked questions regarding traffic impacts, where the products would be located within the facility, profit projections, whether employees would be paid through financial goals, the amount that would be donated to a community fund, how workload will be managed, how many locations are currently under development, whether there are plans to franchise, percentage of online sales, whether they plan to utilize their own product from their cultivation facility, the number of employees and how they will be background checked, and whether there are intentions to deliver their products. In response to the questions regarding traffic, Mr. Intindola provided his credentials. He explained the clockwise circulation pattern that would be utilized, and noted that, after contacting the NJ DOT, they were advised that the traffic would not be significant enough to trigger a new access permit. He expressed his opinion that the driveways will work, and while the novelty is there, traffic will be managed by an off-duty police officer. Mayor Papaleo explained that the governing body will be going into Closed Session at the end of the meeting and may or may not decide to whom the letter of support will be issued upon returning to open session. Neighborhood Greens The following representatives were present from Neighborhood Greens: • Raunaq Bhasin, Chief Executive Officer • Gurteg Singh, Chief Operating Officer • Lynne Algrant, President & Head of Community Relations, Neighborhood Greens Foundation • Sebastian Nassau, Consultant • Jessica Kaiser, Consultant Mr. Bhasin and Mr. Singh provided background on the mission of their company, reviewed biographies for key members of their team, and discussed the pillars of their operating strategy which included employee well-bring, client education, and healthcare outreach. They reviewed the approximate floor plan as well as security and compliance measures which include systems monitoring, site security, and traffic and nuisance remediation. They detailed community outreach measures to include drug education and prevention and community initiatives such as good neighbor policy, River Edge Shop Local Card, Medicaid set-aside, licensed clinician, fellow neighbor-volunteer program, and direct reinvestment in the community. They spoke to the economic impact of their facility which included an additional 3% of profits being invested in the community. Members of the governing body asked questions regarding traffic impacts, the number of employees and how they will be background checked, whether Neighborhood Greens currently has a license, if there is a wholesaler with whom they work, whether they have ever ran a dispensary, how many customers per year are anticipated, status of arrangements for the property that is being targeted, and what would be the most challenging issue if approved. Mr. Bhasin and Mr. Singh finished by detailing the reasons that Neighborhood Greens should be awarded the letter of support. Ms. Algrant noted that she was a former Councilperson in the City of Englewood and explained how she met Mr. Bhasin and Mr. Singh. She detailed the reasons that she believes that the letter of support should be issued to Neighborhood Greens. As previously mentioned, Mayor Papaleo advised that the governing body will be going into Closed Session at the end of the meeting and may or may not decide to whom the letter of support will be issued upon returning to open session. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On a motion by Council President Montisano-Koen, seconded by Councilwoman Kinsella, and all present voting in favor, to open for public comments on any item on the agenda. Kathy Viola, 170 Maplewood Avenue, Bogota, NJ, advised that she has worked as a prevention specialist for over 10 years and noted that this field is one about which she is very passionate. She explained that she has worked with Mr. Bhasin and Mr. Singh for several years as well as the growers with whom they plan to work and applauded them for their efforts with respect to community service, engagement and education. Philip White, 75 Route 4 East, advised that he is the landlord for Sweetspot, noting that his office is located directly behind them. He commented that he is present this evening to endorse them. On a motion by Councilman Glass, seconded by Councilman Benson, and all present voting in favor, to close public comments on any item on the agenda. Councilwoman Kaufman rejoined the dais at 8:37 p.m. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Land Use Board - April 10, 2024 Land Use Board - April 24, 2024 FIRST READING – ORDINANCES – Ordinance #24-14 Motion by Council President Montis that the following ordinance be introduced and passed on first reading and setting July 8, 2024 at 7:00 p.m. or as soon thereafter as the as the matter can be heard as the date and time and the River Edge Library as the place and Zoom as the virtual platform for a hearing on said ordinance. Second by Councilwoman Kaufman. Mayor Papaleo read the title of the ordinance into the record: Ordinance #24-14 – An Ordinance by the Borough of River Edge in the County of Bergen, New Jersey Amending and Supplementing the River Edge Borough Code, Chapter 350 Site Plan Review and Chapter 416 Zoning Borough Administrator Aportela explained that this ordinance was recommended by the Land Use Board and the purpose is to amend the Site Plan and Zoning Ordinances to revise definitions, update and clarify lot coverage, covered porch, corner lot, and accessory structure requirements, and to modify terminology for site plan review of retail food establishments. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: absent Council Presiden Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye (See Ordinance #24-14 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #24-13 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on May 13, 2024 and posted on the bulletin board of the municipal building. Ordinance #24-13 - An Ordinance to Authorize A Special Emergency Appropriation N.J.S. 40A:4- 53 Public Comments on Ordinances #24-13 Motion by Councilwoman Kinsella, second by Councilman Benson, and all members voting in favor, to open the floor to the public on Ordinance #24-13. No one came forward. Motion by Councilman Glass, second by Council President Montisano-Koen, to close the floor to the public on Ordinance #24-13. Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, that Ordinance #24-13 be passed on second and final reading and is hereby adopted and notice of same shall be published according to law. On a roll call, the vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: absent Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye Borough Administrator Aportela explained that the purpose of Ordinance #24-13 is to finance the first payment required for the rolling revaluation which was ordered by the County. She explained the process which will take place over multiple years. RESOLUTIONS - By Consent Councilwoman Kinsella questioned whether the Tree Supervisor being appointed via Resolution #24- 186 will be fielding tree calls. Borough Administrator Aportela confirmed that this employee would be the point person for trees in conjunction with the DPW Superintendent. Councilman Glass questioned the current salary for this employee. Borough Administrator Aportela expressed her belief that it is approximately $7,000 less than the proposed salary, noting that this position will be a Foreman which is a managerial position. a. #24-172 Special Emergency Resolution and Financing of Same b. #24-173 Resolution Permitting the Possession and Consumption of Alcoholic  Beverages at a Block Party on Wayne Avenue c. #24-174 Approve Refunds – Recreation Department d. #24-175 Approve the Appointment of a Volunteer Firefighter - Martinez e. #24-176 Approve the Appointment of a Junior Volunteer Firefighter - Donovan f. #24-177 Authorize Recreation Director to Transfer Funds from Recreation Trust Account Entitled River Edge Run g. #24-178 Award Professional Services Contract – Property Appraisal Services h. #24-179 Approve Service Agreement – Medical Examinations for Crossing Guards i. #24-180 Confirm Recreation Program Instructors j. #24-181 Approve Bond Forfeit – Shade Tree Bond k. #24-182 Approve Refunds – Shade Tree Bonds l. #24-183 Approve Refunds – Shade Tree Bonds m. #24-184 Amend Resolution #24-137 – Approve Refunds – Recreation Department n. #24-185 Authorize Tax Collector to Prepare & Issue Estimated Tax Bills for 3rd Quarter 2024 Taxes o. #24-186 Appoint Tree Supervisor p. #24-187 Approve Bond Forfeit – Shade Tree Bond q. #24-188 Authorize Receipt of Bids – 2024 ADA Ramps Improvements and Sidewalk Replacement Project Motion by Council President Montisano-Koen, second by Councilman Benson, that the Consent Agenda be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: absent Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye ******** #24-189 Payment of Bills Councilwoman Kaufman read resolution #24-189 into the record: At a Regular Meeting of the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, held on May 30, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 1,505,580.56 GENERAL CAPITAL FUND $ 118,935.97 GRANT FUND $ 2,799.81 TRUST OTHER $ 12,724.97 DEVELOPER’S ESCROW $ 3,160.00 RECREATION TRUST $ 4,896.16 Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, that Resolution #24-189 be approved. The was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: absent Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye ******** NEW BUSINESS – River Edge Train Station Parking Lot Borough Administrator Aportela explained that a request to open the River Edge Train Station Parking Lot to nonresidents was received. She advised that this request was reviewed by the Police Department as well as Traffic & Safety and it has been recommended that no more than 15 spaces be permitted for nonresidential parking which would be issued on a first come, first serve basis. In order to do so, she advised that an ordinance would be required and fees would need to be determined. After some discussion, it was agreed to proceed. The Borough Administrator is to work with the Borough Attorney to draft the necessary ordinances for introduction at the next meeting. It was further agreed that the number of spaces designated for nonresidential parking will continue to be reviewed to ensure that residents are given priority. Borough Administrator Aportela noted that the Borough Code currently specifies that parking permits are processed through the Police Department whereas they are actually processed through the Borough Clerk’s office. It was agreed that the necessary changes be made to ensure that the Borough Code aligns with current procedures. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – Motion by Councilman Benson, second by Council President Montisano-Koen, and all members present voting in favor, to open public comments. No one came forward. Motion by Councilman Glass, second by Councilman Benson, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilwoman Kinsella thanked Sweetspot and Neighborhood Greens for their presentations. Mayor Papaleo commended the Farmer’s Market, noting that it has become a community event and has been going very well. He expressed appreciation to Councilwoman Kaufman for her efforts, commenting that it would not be the success that it is without her. Councilwoman Kaufman thanked Borough Administrator Aportela for sending Nixle alerts on Thursdays to remind residents about the Farmer’s Market. CLOSED SESSION – On a motion from Councilwoman Kinella, seconded by Councilman Benson, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #24-190 at 8:55 pm. #24-190 Resolution to Go Into Closed Session and Exclude Public WHEREAS, the Open Public Meetings Act, NJSA 10:4-12 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: 1. That the public shall be excluded from the May 30, 2024 regular meeting and discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Deliberation on Potential Cannabis Retail Establishments’ Presentations 2. Formal action may/may not be taken. 3. Minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. Councilwoman Kaufman recused herself and left the meeting at 8:55 p.m. The regular meeting resumed at 9:35 p.m. On a motion by Councilwoman Kinsella, second by Councilman Benson, with Councilwoman Kaufman recusing and all other members present voting in favor, to authorize the Borough Attorney to create a resolution demonstrating proof of local support for Sweetspot. On a roll call, the vote was recorded as follows: Councilwoman Kaufman: recuse Councilwoman Malellari: absent Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye Mayor Papaleo advised that this resolution will be listed on June 10th agenda for consideration. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilman Benson, second by Councilwoman Kinsella, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 9:37 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE NO. 24-14 AN ORDINANCE BY THE BOROUGH OF RIVER EDGE IN THE COUNTY OF BERGEN, NEW JERSEY AMENDING AND SUPPLEMENTING THE RIVER EDGE BOROUGH CODE, CHAPTER 350 SITE PLAN REVIEW AND CHAPTER 416 ZONING WHEREAS, pursuant to N.J.S.A. 40:55D-62, the Borough of River Edge, in the County of Bergen, State of New Jersey (the “Borough”) may adopt or amend Zoning Regulations by Ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon; and WHEREAS, N.J.S.A. 40:55D-89 requires that the governing body shall, at least every 10 years, provide for a general reexamination of its master plan and development regulations by the Municipal Land Use Board; and WHEREAS, pursuant to the 2020 Periodic Reexamination Report of the Master Plan & Development Regulations for the Borough of River Edge prepared by Burgis Associates, Inc., dated October 9, 2020 (the “2020 Reexamination”), it was recommended that the Borough review it regulations pertaining to single-family homes including the lot and building coverages and accessory structures; and WHEREAS, the 2020 Reexamination further recommended that the Borough review its fence and retaining wall provisions and to maintain the site plan review for businesses requiring a “food handler’s license”; and WHEREAS, the Municipal Land Use Board of the Borough of River Edge (the “Land Use Board”) adopted amendments to the 2020 Reexamination entitled “2022 Amendment to the Reexamination Report of the Master Plan & Development Regulations”, dated May 13, 2022, prepared by Thomas Behrens, Jr. PP, AICP of Burgis Associates, Inc., which recommended additional changes to the Borough’s land use and development regulations; and WHEREAS, the Borough’s Land Use professionals have reviewed the Borough’s Zoning Regulations and have identified proposed changes to the lot coverage requirements and covered front porch requirements and updated definitions to maintain clarity and uniformity in the administration of the Borough’s land use regulations; and WHEREAS, it has become increasingly common to have more hardscaping features, covered front porches, and other outdoor amenities, which may not all require building permits for construction and therefore residents may not be aware of lot coverage restrictions; and WHEREAS, smaller lots in the Borough and corner lots, which have smaller and/or irregular yards face additional challenges in satisfying minimum lot coverage restrictions while maintaining reasonable use of their properties; and WHEREAS, the Board received correspondence requesting clarification in terminology and definitions used with respect to site plan review for retail food establishments; and WHEREAS, the proposed changes will allow the uniform application of the Zoning Regulations, increased flexibility in improving private property, and will provide residents with certainty in the regulation of their property; and 1  WHEREAS, the Borough Council desires to adopt zoning that is in the Borough’s best interest to maintain and support stability, future growth, development and uniform zoning determinations on all parcels of land in the Borough; and WHEREAS, the Borough Council believes that amending the Zoning Regulations is in the best interest of the Borough such that the Borough Code, Chapter “350” Site Plan Review” and Chapter 416 “Zoning” be amended to update and clarify ambiguity in the lot coverage requirements, corner lot, accessory structures, and covered front porch requirements and definitions, among other changes. NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of River Edge, in the County of Bergen, State of New Jersey, as follows: Section 1. The aforementioned recitals are incorporated herein as though fully set forth at length. Section 2. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Attachment 3, Schedule of Zoning District Area, Bulk and Yard Requirements, is hereby amended and supplemented by Exhibit A to this Ordinance, which is incorporated herein. Any additions to Attachment 3 are indicated by **between asterisks and/or in bold** and deletions to Attachment 3 are indicated by {within brackets and/or struck through}. Section 3. The Borough Code of the Borough of River Edge, Chapter 350, Site Plan Review, Section 3, Definitions; Word Usage, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 350-3 Definitions; word usage. A. No change. B. As used in this chapter, the following terms shall have the meanings indicated: {IMPROVED} LOT COVERAGE The percentage of lot area which is improved with principal and accessory buildings, structures and uses, including but not limited to driveways, parking areas, garages **, walkways, decks, sheds, pergolas, pavilions, gazebos, patios, swimming pools** and other man-made improvements. **Permeable surfaces shall be counted in the lot coverage figure at 50% of the surface’s demonstrated permeability, as confirmed by the Borough Engineer, or other authorized Borough professional, prior to approval and installation. Swimming pools (water surface area only) shall receive a discount of 50% in the lot coverage calculation. Decks with open joints and no impervious surface below shall receive a discount of 75% in the lot coverage calculation (for example: if a 100 square foot deck with open joints and no impervious surface below is proposed, the lot coverage calculation would be 25 square feet).** {LOT} **BUILDING** COVERAGE That portion of a lot which is occupied by buildings and accessory **buildings and** structures **, as identified § 416-27(B)** {but not including walkways, driveways, patios, and open parking areas}. 2  {LOT COVERAGE BY} IMPERVIOUS SURFACES {Impervious surfaces include paving, structures, roofs, macadam, or other impervious materials.} **Shall mean any surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including but not limited to: roofs, asphalt, paving, concrete, brick, stones, gravel, macadam, artificial turf, shredded rubber and other similar materials.** **PERVIOUS or PERMEABLE SURFACES Shall mean any material that permits water to infiltrate into the ground below.** **RETAIL FOOD ESTABLISHMENT Shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption as defined in N.J.A.C. 8:24-1.5. This definition shall also include mobile retail food establishments as defined in N.J.A.C. 8:24-1.5.** **YARD AMENITIES Shall mean “accessory buildings or structures”, as identified in § 416-27(B), and may also include, but are not limited to: patios, decks, sheds, pergolas, pavilions, gazebos, walkways, and swimming pools; which are located in the rear or side yard. This provision shall not be interpreted to include driveways.** Section 4. The Borough Code of the Borough of River Edge, Chapter 350, Site Plan Review, Section 4, Requirements, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 350-4 Requirements. A. No change. B. No change. C. No change. D. No change. E. **Site Plan Approval for Retail Food Establishment.** Notwithstanding the provisions of § 350-5B(3), site plan approval shall be required for any building or structure (regardless of its previous use) which is to be used as a **retail food establishment**{restaurant for sit- down service or take-out service or as a fast-food establishment, or any other intended use where a beverage or food handlers' license is required}. Section 5. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 4, Definitions and Word Usage, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-4 Definitions and word usage. {IMPROVED} LOT COVERAGE 3  The percentage of lot area which is improved with principal and accessory buildings, structures and uses, including but not limited to driveways, parking areas, garages **, walkways, decks, sheds, pergolas, pavilions, gazebos, patios, swimming pools** and other man-made improvements. **Permeable surfaces shall be counted in the lot coverage figure at 50% of the surface’s demonstrated permeability, as confirmed by the Borough Engineer, or other authorized Borough professional, prior to approval and installation. Swimming pools (water surface area only) shall receive a discount of 50% in the lot coverage calculation. Decks with open joints and no impervious surface below shall receive a discount of 75% in the lot coverage calculation (for example: if a 100 square foot deck with open joints and no impervious surface below is proposed, the lot coverage calculation would be 25 square feet).** {LOT} **BUILDING** COVERAGE That portion of a lot which is occupied by buildings and accessory **buildings and** structures **, as identified § 416-27(B)** {but not including walkways, driveways, patios, and open parking areas}. {LOT COVERAGE BY} IMPERVIOUS SURFACES {Impervious surfaces include paving, structures, roofs, macadam, or other impervious materials.} **Shall mean any surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including but not limited to: roofs, asphalt, paving, concrete, brick, stones, gravel, macadam, artificial turf, shredded rubber and other similar materials.** **PERVIOUS or PERMEABLE SURFACES Shall mean any material that permits water to infiltrate into the ground below.** **RETAIL FOOD ESTABLISHMENT Shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption as defined in N.J.A.C. 8:24-1.5. This definition shall also include mobile retail food establishments as defined in N.J.A.C. 8:24-1.5.** **YARD AMENITIES Shall mean “accessory buildings or structures”, as identified in § 416-27(B), and may include, but are not limited to: patios, decks, sheds, pergolas, pavilions, gazebos, walkways, and swimming pools; which are located in the rear or side yard. This provision shall not be interpreted to include driveways.** Section 6. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 11, Lot Regulations, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-11 Lot regulations. A. No change. B. No change. 4  C. No change D. Corner lots. (1) A corner lot shall {have two front yards facing upon street frontages} **be identified as a property having two (2) or more street frontages.** The frontage exposure with the street address of the structure in the Borough’s tax records shall be considered the front yard in determining front, side and rear yard requirements. (2) No change. E. No change. F. No change. G. No change. H. No change. Section 7. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 13, Yard Regulations, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-13 Yard regulations. A. No change. B. No change. C. Side, front and rear yard exceptions. (1) No change. (2) No change. (3) No change. (4) Covered front porches and awnings may project no more than {five} **six (6)** feet into a required front yard setback {and may total no more than 35 square feet in area and may} **provided same comply with all other setback and coverage requirements and do** not exceed the first story of the building in height. Section 8. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 14, Maximum Lot Coverage, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-14 Maximum {lot} **building** coverage. The maximum {lot} **building** coverage**, as defined in this chapter,** {in each zoning district} shall be regulated in accordance with the attached Schedule at the end of this chapter and shall not be greater than is permitted in the zoning district where such building and structures are situated, and shall include **but is not limited to** all porches, chimneys, extensions and accessory buildings **and structures.** 5  Section 9. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 15, Maximum Improved Lot Coverage, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-15 Maximum {improved} lot coverage. A. The maximum lot coverage**, as defined in this chapter,** shall be regulated in accordance with the attached Schedule at the end of this chapter and shall not exceed the percentage indicated in a zoning district area, bulk and yard requirements included herein for each zoning district, except where the existing driveway extends to a garage, located at the rear of the lot, the paved area from the front of the dwelling to the front of the garage shall not be included in calculating the maximum lot coverage. **A minimum of five (5%) percent of the maximum permitted lot coverage in each residential zoning district shall be reserved for yard amenities as defined in this chapter. This minimum reserve shall not be interpreted to provide an additional five (5%) percent of lot coverage, but shall be included in the total calculation of maximum permitted lot coverage. B. The maximum {improved} lot coverage for any use specified in §§ 416-19, 416-20, 416-21 and 416-22 of this chapter shall be 80%, except as herein provided. Section 10. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 19, Churches and other places of worship, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-19 Churches and other places of worship. Churches, synagogues and other places of worship shall be governed by the following regulations: A. No change. B. No change. C. No change. D. No change. E. No change. F. No change. G. No change. H. No change. I. No change. J. Maximum {lot} **building** coverage shall be 40%. K. No change. L. No change. Section 11. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 18, Floor area ratios (FAR) for office and hotel buildings in the C-2 Commercial Zoning District, is 6 hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-18 Floor area ratios (FAR) **and height limitations** for office and hotel buildings in the C-2 Commercial Zoning District. On lots of at least 60,000 square feet with at least 200 feet of street frontage in the C-2 Commercial Zoning District, height for buildings and structures shall be regulated by the following floor area ratio criteria: A. No change. B. No change. C. No change. D. No change. E. No change. F. No change. G. No change. H. No change. I. No change. J. The maximum {improved} lot coverage {, including principal buildings and structures, plus paving and improved areas,} shall not exceed 80%. K. No change. Section 12. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 20, Veteran and service organizations, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-20 Veteran and service organizations. Veteran and service organizations shall be governed by the following regulations: A. No change. B. No change. C. No change. D. No change. E. No change. F. No change. G. No change. H. No change. 7  I. No change. J. Maximum {lot} **building** coverage shall be 35%. K. Maximum {improved} lot coverage shall be 35%. L. No change. M. No change. N. No change. Section 13. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 27, Accessory Buildings and Structures, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-27 Accessory buildings and structures. A. The term “accessory building or structure” is not intended to include (1) No change. (2) No change. (3) {In-ground swimming pools and aboveground swimming pools}**Reserved**. (4) No change. B. The term “accessory building or structure” shall include but **shall** not be limited to the following, whether prefabricated or constructed on-site: (1) Pergolas, pavilions, {roofed porches,} **detached decks, gazebos, flagpoles,** outdoor bins and other similar buildings. (2) Garden houses, tool houses, playhouses and greenhouses. (3) Detached garages**,** {and} carports **and sheds**. (4) Radio receiving and transmitting towers. **(5) Air conditioning units, HVAC equipment, electric vehicle equipment and generators for residential and non-residential buildings.** **(6) Above-ground and in-ground swimming pools.** C. Accessory buildings and structures **in residential areas** shall be governed by the following regulations. Accessory buildings and structures in all residential zoning districts which are not attached to a principal building or structure may be erected in any side yard or rear yard, provided that: (1) Except as provided in § 416-32, no such accessory building or structure shall exceed 12 feet in height, **except for garages and flagpoles, which shall not exceed 15 feet in height**. 8  (2) No such accessory building or structure shall be located closer to any lot line than four **(4)** feet. **Generators must be located no further than 15 feet from the principal building.** (3) No change. (4) No change. (5) No portion of an accessory building or structure shall be used for living quarters **or additional dwelling units**, temporary or permanent. (6) No accessory building or structure shall be located closer to a single-family dwelling than five **(5)** feet. (7) No change. D. No change. E. No change. F. No change. Section 14. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 36.2, AH-1 New Bridge Road Affordable Housing Overlay Zone, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-36.2 AH-1 New Bridge Road Affordable Housing Overlay Zone. A. No change. B. No change. C. No change. D. No change. E. Area and bulk requirements. The area and bulk requirements for development built in accordance with the AH-1 Overlay Zone standards are set forth below. All other development shall comply with the underlying zone's area and bulk regulations, which shall remain in full force and effect. (1) No change. (2) No change. (3) No change. (4) No change. (5) No change. (6) No change. (7) No change. (8) Maximum {improved} lot coverage: 85%. 9  (9) No change. (10) No change. F. No change. G. No change. Section 15. The Borough Code of the Borough of River Edge, Chapter 416, Zoning, Section 59, Buffer zone requirements, is hereby amended and supplemented as follows (additions **between asterisks and/or in bold**, deletions {within brackets and/or struck through}): 416-59 Buffer zone requirements. A. No change. B. No change. (1) No change. (2) No change. (3) The area encompassed in the buffer zone may be utilized for the purposes of computing **building coverage and** lot coverage, yard setbacks and open space requirements. (4) No change. (5) No change. (6) No change. (7) No change. C. No change. Section 16. The Borough Clerk is directed to give notice at least ten (10) days prior to a hearing on the adoption of this Ordinance to the Borough of River Edge Municipal Land Use Board and to all other persons or entities entitled thereto pursuant to N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64. The Municipal Land Use Board is directed to make and transmit to the Borough Council, within thirty- five (35) days after referral, a report including identification of any provisions in the proposed Ordinance that are inconsistent with the Master Plan and recommendations concerning any inconsistencies and any other matter as the Borough Council deems appropriate. Section 17. Any and all prior Zoning Regulations of the Borough that are inconsistent with this Ordinance are superseded by the Zoning Regulations adopted by this Ordinance. Section 18. If any part of this Ordinance shall be deemed to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, such parts shall be severed and the invalidity thereby shall not affect the remaining parts of this Ordinance. Section 19. A copy of this Ordinance and the Zoning Regulations shall be available for public inspection at the office of the Borough Clerk during regular business hours. Section 20. This Ordinance shall take effect in accordance with all applicable laws. 10  EXHIBIT A to Ord. No. 24-14 ZONING Schedule of Zoning District Area, Bulk and Yard Requirements Borough of River Edge, New Jersey Minimum Area Minimum Yard Requirements Maximum Bulk Requirements Requirements (Setbacks) **Yard Lot Principal Principal {Lot} Side Side Lot Lot {Improved} Amenities, Front Rear Zoning Area Building Building **Building** Yard – Yard Use Width Depth Lot Coverage Lot Coverage – Yard Yard District (Square Height Height Coverage One – Both (Feet) (Feet) (Percent) Reserved2 (Feet) (Feet) Feet) (Feet) (Stories) (Percent) (Feet) (Feet) (Percent) ** R-1 Single-family 7,500 75 100 30 2.5 25 35 **5** 30 7.5 18 25 R-2 Single-family 7,500 75 100 30 2.5 25 35 **5** 30 7.5 18 25 Two-family 12,000 80 100 30 2.5 25 35 **5** 30 10 25 25 R-3 Single-family 7,500 75 100 30 2.5 25 35 **5** 30 7.5 18 25 Two-family 12,000 80 100 30 2.5 25 35 **5** 30 10 25 25 Garden 35 **5** Apartments 70,000 200 230 30 2.5 25 30 15 30 30 PRD-1 Single-family 7,500 75 100 35 2.5 25 35 **5** 30 7.5 18 25 Single-family **5** Cluster 5,000 50 -- 35 2.5 30 {10}**35** 20 5 15 20 Townhouse **5** Cluster 3,500 25 -- 35 2.5 30 50 15 1 1 20 C-1 Retail 10,000 100 100 35 2.5 40 80 30 15 35 20 Office 15,000 150 100 35 2.5 40 80 30 15 35 20 C-2 Retail 10,000 100 100 35 2.5 40 80 30 15 35 20 Office 15,000 150 100 35 2.5 40 80 30 15 35 20 Office-FAR 10,000 See § 416-18 NOTES: 1 None required, but, where provided, a minimum of 15 feet; except that, where abutting a street, a minimum of 20 feet. **2 This reserve shall not be interpreted to provide an additional five (5%) percent of lot coverage, but shall be included in the total calculation of maximum permitted lot coverage. See § 416-15.** {416:A7}**Chapter 416: Attachment 3** {03-01-2010}**Rev. __-__-2024  BOROUGH OF RIVER EDGE ORDINANCE #24-13 AN ORDINANCE AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION N.J.S. 40A:4-53 BE IT ORDAINED by the Borough Council of the Borough of River Edge, County of Bergen, State of New Jersey, that pursuant to N.J.S. 40A:4-53 the sum of $320,000.00 is hereby appropriated for Reassessment of Real Property (as ordered by the Bergen County Board of Taxation) and shall be deemed a special emergency appropriation as defined and provided for in N.J.S. 40A:4-53. The authorization to finance the appropriation shall be provided for in succeeding annual budgets by the inclusion of at least 1/5 of the amount authorized pursuant to this act (N.J.S. 40A:4-55). BE IT FURTHER ORDAINED that this ordinance shall take effect at the time and in the manner provided by law. I, Anne Dodd, Clerk of the Borough of River Edge, County of Bergen, do hereby certify the foregoing to be a true and correct copy of an ordinance adopted by the Borough Council at a meeting of said Borough Council held on May 30, 2024, and said ordinance was adopted by not less than a two-thirds vote of the members of the Borough Council. Witness my hand and seal of the Borough of River Edge this 30th day of May 2024.