SPONSORED BY:

SECONDED BY:
CITY OF HOBOKEN
ORDINANCE NO:

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 196

(ZONING) OF THE MUNICIPAL CODE OF THE CITY OF HOBOKEN

WHEREAS, it is in the City’s best interest to update the Zoning Ordinance to reflect
modern issues, applications, conditions and language consistent with the purpose and intent of
the City’s Master Plan, and Master Plan Reexamination Report; and,

WHEREAS, the City Council wishes to create a University District intended to support
the appropriate development of the Stevens Institute of Technology campus in the City while
maintaining the character of the campus and protecting the adjacent neighborhoods.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City
of Hoboken, County of Hudson, State of New Jersey, as follows:

SECTION ONE: AMENDMENT

Chapter 196, Article III, Section 7.A, of the Code of the City of Hoboken is amended as follows;
deletions to the current ordinance are noted in strikethrough, additions to the current ordinance
are noted in underline:

§ 196-7. Designation of districts and historic sites.

A. Zoning districts established in fulfillment of the purposes of this chapter are designated as
follows:

R-1 Residence District (Conservation)

R-1(E) Higher Education Subdistrict
R-1(CS) Court Street Subdistrict
R-1(H)(CPT) Castle Point Historic Subdistrict
R-2 Residence District (Stabilization)
R-3 Residence District (Redevelopment)
I-1 Industrial District (Light Manufacturing)
I-1(W) Waterfront Subdistrict
I-2 Industrial District (Mixed Use)
CBD Central Business District
CBD(H) Historic Subdistrict
CBD(H)(CS) Court Street Subdistrict
W(RDV) Waterfront Redevelopment Subdistrict (Special Review)
W(H) Historic Subdistrict (Waterfront)
W(N) Castle Point Subdistrict
U University District
SECTION TWO: AMENDMENT

Chapter 196, Article VII, Schedule III: Review Districts, of the Code of the City of Hoboken is
amended as follows; deletions to the current ordinance are noted in strikethrough, additions to
the current ordinance are noted in underline; sections that are not included here as amended shall
remain unchanged:

§196-19. CBD District; CBD(H) Subdistrict; CBD(H)(CS) Subdistrict; U District.

[…]

SECTION THREE: AMENDMENT

Chapter 196, Article VII, Schedule III: Review Districts, of the Code of the City of Hoboken is
amended to add §196-20A, U University District, as follows:

§196-20A U University District.

A. District Area.

(1) The University District shall include all or portions of, as specified, the following
Blocks and Lots per the official tax maps of the City of Hoboken:

Block 227, Lot 1

Block 228, Lots 1, 10, 11, 12, 14, 15, and 16
Block 234, Lot 1
Block 235, Lot 1
Block 236, Lot 2.03
Block 236, Lot 3.01 partial, where only the eastern 100 feet of the lot shall be
included
Block 236, Lot 8, which does not include Lot 9
Block 257, Lot 2 partial, where only the area between Sinatra Drive and Block
257, Lot 3 shall be included
Block 257, Lot 3

(2) Any areas not addressed here at the time of adoption of the University District
will retain the existing zoning.

(3) The University District will be divided into three four Sub-Areas, the purposes of
each as provided in §196-20A.E. The defined areas of these Sub-Areas are
depicted on the adopted University District map and described as follows:

a. The Transition Sub-Area will include that portion of the University

District a depth of 200 feet east from the property lines at Hudson Street
 from the northeast corner of 5th Street and Hudson Street, up to the
southeast corner of 8th Street and Hudson Street; and a depth of 200 feet
south from the property lines at 8th Street from the southeast corner of 8th
Street and Hudson Street to the southeast corner of 8th Street and Castle
Point Terrace;
and the portion of Block 235, Lot 1 west of a line continuing north from
the eastern lot line of Block 239, Lot 17 and north of the continuation of
the southern lot line of Block 239, Lot 8.
.

b. The Edge Sub-Area will include all of Block 257, Lot 3 and those portions
of Block 235, Lot 1, Block 234, Lot 1, and Block 257, Lot 2 in the
University District bound to the east by Sinatra Drive; bound to the south
by the 5th Street right of way as shown in the official tax maps of the City
of Hoboken; bound to the north by a line that continues along the northern
building line of the Wesley J. Howe Center from Sinatra Drive to the
centerline of Howe Circle to the west of the Wesley J. Howe Center; and
bound to the west along the centerline of the Wittpenn Walk south from
the Howe Circle to where it intersects at 6th Street, and then south along
the line that continues along the eastern building line of McLean Hall on
the University campus to 5th Street.

c. The Castle Point Sub-Area will include the portion of Block 235, Lot 1
bound to the west by Block 239, Lots 4-11 and 14; bound to the north by
Elysian Park; bound to the east by Sinatra Drive; and bound to the south
by a line which begins at the easterly boundary of Block 239, Lot 4 and
follows the northerly property boundary of Block 239, Lots 16 and 17.
From the northeasterly corner of Block 239, Lot 17, the line continues to
the north approximately 35 feet and then perpendicularly continues to the
east until Sinatra Drive without infringing on the existing footprint of
Castle Point Hall.

d. The Core Sub-Area will include that portion of the University District that
is not within the Edge Sub-Area, Castle Point Sub-Area or Transition Sub-
Area as defined in this Section.

B. Purpose.

(1) The purpose of the University District is to support the appropriate development of the
University campus in the City while maintaining the character of the campus and
protecting the adjacent neighborhoods.

(2) This Article establishes a new section of the Hoboken Zoning Code specific to the
University campus and eliminates all reference to the R-1(E) district previously
governing University development in the University District.
 (3) This Article further establishes three Sub-Areas within the University District for the
purpose of applying land use and bulk regulations that recognize conditions specific to
each area with respect to planning objectives, development constraints, and
opportunities, as well as potential impact considerations.

C. Applicability.

(1) This Article and the provision herein shall apply only to properties located within the
University District as shown on the University District Zone Map and Sub-Area Map
attached hereto and made a part hereof.

(2) This section is not intended to interfere or abrogate or annul other ordinances governing
land use within the City of Hoboken.

(3) This section shall not apply to, be construed to limit in any way, or supersede the
requirements established for other City of Hoboken zones or districts.

(4) Definitions and word usage specified herein for application within the University
District shall not be applied to other zones or districts unless otherwise expressly
adopted in Article III of the Zoning Code.

(5) A use, structure, or lot lawfully existing as of the effective date of this Section that has
been made nonconforming as a result of passage of this Section may be maintained and
continue to function as the same nonconforming use, structure, or lot until the use,
structure, or lot are substantially altered. Municipal Land Use Law N.J.S.A. 40:55D-68
specifies requirements for obtaining a certification of pre-existing non-conforming
uses.

(6) All lot dimension, coverage and open space requirements will be calculated based on
the extent of the total Sub-Area, rather than on a tax lot basis.

(7) For any structure located in more than one Sub-Area (e.g., a building that spans the
Transition and Core Sub-Areas), the zoning requirements of the Sub-Area which
contains the majority of the gross floor area of the structure shall be applicable.

(8) Any structure may contain more than one permitted use.

(9) There is no limit to the number of uses and structures on any tax lot or Sub-Area tract
within the University District.

D. Definitions. For purposes of administering this Article and the University District, the
following definitions shall apply.

ACADEMIC and ADMINISTRATIVE OFFICES: Offices occupied by academic

professionals of a University and other of its personnel or personnel contracted by the
University for overall management and supervisory functions associated with the
University.

ATHLETIC FACILITIES: Gymnasia, weight rooms, pools, fields, sports fields and
courts, and any other related facilities associated with recreational activities, physical
fitness and/or team sports.

AUDITORIUM: A large room built to enable an audience to watch performances,

lectures, ceremonies, or demonstrations on a scale not accommodated by a lecture hall.

AUXILIARY HOUSING: Non-student living quarters reserved for staff, administration,

faculty, visiting professors, or guests of the University.

AVERAGE ADJACENT GRADE: The average of the elevation of the finished ground
level adjoining the four corners of the building.

CAMPUS: The grounds and buildings, or parts thereof, owned and/or leased by the
University.

CLASSROOMS and LECTURE HALLS: Rooms or spaces, used for educational

instruction. Classrooms typically accommodate an occupancy between 1 and 50. A
lecture hall may accommodate an occupancy up to 250.

DORMITORY: Buildings or parts thereof used as group living quarters for students
affiliated with the University.

FRATERNITY and SORORITY HOUSES: A building containing sleeping rooms,

bathrooms, common kitchen facilities, and shared living rooms maintained exclusively
for fraternity or sorority members and their guests or visitors and affiliated with the
University.

HEALTH CARE SERVICES: A facility affiliated with the University principally

engaged in providing professional services for health maintenance and the treatment of
mental and physical conditions for the University community.

IMPERVIOUS COVERAGE: Any type of human-made surface that does not absorb
rainfall, such as rooftops, patios, driveways, and sidewalks. The area of existing
porous/permeable pavement and vegetated roofs shall be exempted from impervious
coverage calculations. Solar panels are also exempt under N.J.S.A. 40:55D-38.1.

INCUBATOR and ACCELERATOR FACILITIES: Facilities intended to support

business startups and entrepreneurs by providing services such as management training,
networking opportunities, and office space.

INFRASTRUCTURE SUPPORT FACILITIES: Non-educational support facilities such

as, but not limited to, information and communications facilities, maintenance and
workshop facilities, service vehicle storage, physical plant facilities, and campus police.

LABORATORIES and RESEARCH FACILITIES: Facilities that provide controlled

conditions for experimentation, research, or teaching. Such facilities are sub-classified as
follows:

LABORATORY: WET: Laboratories where chemicals, drugs, or other material

or biological matter are tested and analyzed requiring water, direct ventilation,
and specialized piped utilities located within a building specifically designed to
house them. Wet laboratory facilities may, among other things, include areas for
housing animals or plants for testing and observation, storage and handling of
biological agents, and storage and disposal of hazardous waste.

LABORATORY: DRY: Facilities designed specifically for work with non-

reactive materials and equipment with few piped services. The laboratories
defined by this space type are analytical laboratories that may require accurate
temperature and humidity control, dust control, and clean power, but do not
generate hazardous waste.

ON-CAMPUS: The grounds and buildings owned and/or leased by the University within
the University District

OFF-CAMPUS: The grounds and buildings, or parts thereof, owned and/or leased by the
University outside of the University District

PARKING-TO-PERMIT RATIO: A ratio of the number of parking spaces required as

compared to the number of parking permits issued.

RETAIL ESTABLISHMENTS: A fixed location, associated with the University,

engaged in selling goods or merchandise, and/or providing services, not otherwise
defined herein, primarily to students, faculty, staff, visitors and guests of the University
and to the general public.

SPECIAL INTEREST HOUSING: Group housing for students of the University, other
than fraternities and sororities, that has a common theme or purpose.

STUDENT: Any person who is enrolled at the University, including students that are
classified as: resident, non-resident, full-time, part-time, undergraduate, graduate, on-
campus or off-campus .

STUDENT HOUSING: An umbrella term referring collectively to all buildings or parts

thereof where students reside in University owned or provided housing, including, but not
limited to, dormitories, fraternities, sororities, special interest housing, including
apartments or residences.

STUDENT LIFE FACILITIES: Buildings or parts thereof used to provide services to

students affiliated with the University, including, but not limited to, food service and
dining facilities, student activity and club facilities, physical fitness and non-athletic
recreational facilities, entertainment venues, and other adaptable spaces for student use.
 UNIVERSITY: An institution of higher learning authorized by the State to award
baccalaureate or higher degrees.

UNIVERSITY PARKING PERMIT: Any instance of permission being granted by the

University to park a motor vehicle in the University District or on a street, including
permission granted to any full-time or part-time students, faculty, staff, contractors, etc.
except in the case where permission is granted for a one-day only pass, where such
permission is valid for not more than one-day, not to exceed ten (10) per person in a 12-
month period.

E. Sub-Areas - Purpose.

(1) Transition Sub-Area. The purpose of the Transition Sub-Area is to create a buffer
between the residential areas of Hudson Street and Castle Point Terrace and those
uses typical of a university campus. Development along the edges of the campus
should be reduced in scale and respectful of the pattern of development and
character of the adjacent historic neighborhoods.

a. The Transition Sub-Area should encourage land uses, building design, and
scale that is harmonious and complementary to the surrounding non-
University neighborhood.

b. Uses in the Transition Sub-Area should be designed to mitigate potential

impacts on adjacent residential areas.

c. The Transition Sub-Area should create an inviting and pedestrian-friendly

edge to the campus. Buildings in this area should be oriented to the street
and special care should be given to design and maintenance of the
streetscape, including but not limited to, sidewalks, fences, and
landscaping that highlight the campus setting within the urban
environment.

(2) Core Sub-Area. The purpose of the Core Sub-Area is to allow for appropriate
development within the internal portions of the campus. The scale of buildings
and intensity of uses are less restricted in this Sub-Area acknowledging it as the
center of campus and the nucleus of student life.

a. Development of new buildings and renovation and adaptation of existing

structures within the Core Sub-Area is encouraged, but in a manner, that
maintains, or enhances view corridors to the Hudson River and New York
City.

b. The Core Sub-Area focus should be on maintaining the character of the

campus while promoting high-quality design in new buildings, gathering
areas and open spaces to create a sense of place reflective of the
educational mission of the University.
 c. Attention should be paid to enhancing of the student experience beyond
the classroom; improving the pedestrian experience and accessibility and
circulation; and creating spaces for collaboration and assembly.

(3) Edge Sub-Area. The purpose of the Edge Sub-Area is to accommodate

development of taller structures in a portion of the campus that is furthest
removed from residential neighborhoods and to take advantage of the sloping
topography to maximize usable space while minimizing the impact of height.

a. Development in the Edge Sub-Area should occur so as to create new view

corridors to the Hudson River and New York City and enhance
connectivity to the waterfront. New buildings in the Edge Sub-Area
should orient architectural appeal both toward the campus and the
waterfront.

b. For new developments within the Edge Sub-Area, the University should
explore new campus points of entry for delivery vehicles, buses, and
shuttles in order to reduce University-related commercial traffic through
the neighboring residential areas.

c. Development of the Edge Sub-Area should promote and enhance the

pedestrian experience along Sinatra Drive with new sidewalks, points of
access, and landscaping.

(4) Castle Point Sub-Area. The purpose of the Castle Point Sub-Area is to limit
development within the northerly most portion of the campus and protect existing
views of the Manhattan skyline from certain residences located along Castle Point
Terrace.

a. No new principal buildings shall be allowed within the Castle Point Sub-Area.

b. Land uses shall be limited to athletic facilities and accessory uses and
structures such as surface parking facilities.

c. Accessory structures shall be limited to a maximum height of 13 feet.

F. Bulk Regulations.

(1) U - Transition Sub-Area Bulk Standards

a. Maximum Building Height: 40 feet but not more than 4 stories above average
adjacent grade.

b. Maximum impervious cover (in aggregate to the Sub-Area): 70%

 c. Front lot-line setback; applicable when adjacent to a public right-of-way: None
or prevailing.

d. Minimum distance between buildings: None for buildings with frontage along
Hudson Street; 10 feet for all other buildings

(2) U - Core Sub-Area Bulk Standards

a. Maximum Building Height: 10 stories but not to exceed 120 feet (excluding
roof-top mechanical equipment; see design guidelines).

b. Maximum impervious cover (in aggregate to the Sub-Area): 50%; up to 70%

with green infrastructure (see Section G design guidelines)

c. Minimum distance between buildings: 10 feet

(3) U-Edge Sub-Area Bulk Standards

a. Maximum Building Height: 160200 feet above average adjacent grade,

except as indicated:

i. For buildings located on 5th Street or Sinatra Drive, as specified, building

height step-back requirements shall be employed in accordance with
Supplemental Guidelines set forth herein.

ii. For one (1) student center/housing structure located approximately

at the site presently occupied by the Hayden Hall and the Jacobus Student
Center, the maximum building height may be 225 feet contingent on
Supplemental Guidelines established for the project and set forth herein.

iii. Height requirements exclude roof-top mechanical equipment; see

Supplemental Guidelines.

b. Maximum impervious cover (in aggregate to the Sub-Area): 50%; up to

70% with green infrastructure (see Section G design guidelines)

c. Front and side lot-line setback; applicable when adjacent to a public right-
of-way:

i. Fifth Street frontage: setback shall match the side building line of
McLean Hall (approx. 10 feet from lot line; 15 feet from curb line).

ii. Sinatra Drive: 10 feet for stretch of Sinatra Drive from its
intersection with Fifth Street for a distance of 200 feet along
Sinatra Drive; 20 feet everywhere else.
 iii. A minimum 10 feet wide sidewalk shall be provided (inclusive of
any sidewalk area located within the public right-of-way).

d. Minimum distance between buildings: 15 feet

(4) U-Castle Point Sub-Area Bulk Standards

a. Maximum Building Height: principal buildings are prohibited. Accessory uses

and structures shall be limited to 13 feet in height.

b. Maximum impervious cover (in aggregate to the Sub-Area): 90%.

c. Minimum distance between buildings: not applicable.

G. Supplemental Bulk and Design Guidelines.

(1) Requirements for Edge Sub-Area University Center and Student Housing Project.
One development consisting of two student housing towers connected by a
university center may be permitted in the Edge Sub-Area, on approximately the
site presently occupied by Hayden Hall and the Jacobus Student Center, subject to
the following additional design requirements:

a. The overall building height shall not exceed 225 feet, excluding roof-top
mechanical equipment and elevator and stair bulkheads.

b. The connective base portion of the building shall not exceed 65 feet in
height.

c. The base of the build shall be setback a minimum of 50 feet from Sinatra
Drive.

d. The two towers of the building shall be separated by a minimum of 60

feet.

e. The building shall not exceed 485,000 gross square feet of floor area.

f. The tower building masses shall be oriented such that facades with shorter
lengths are generally oriented to face the Hudson River and Sinatra Drive
to the east.
 g. The building’s east-facing façade shall incorporate vision glass over a
minimum of 40% of the overall façade area.

h. The base or podium of the building shall incorporate breaks in the building
massing and employ clear glass to provide views toward the Hudson River
and the Manhattan skyline.

i. The building shall have its primary pedestrian access from the campus, or
west side of the building from Wittpenn Walk.

j. Green infrastructure elements shall be incorporated into the design of the

building, and a minimum LEED Certified Silver or equivalent level from a
similar 3rd party sustainable design rating system shall be achieved.

(2) Building Height Step-Back Requirements.

a. Where required, upper stories of buildings must be stepped-back from

lower portions in an effort to minimize building bulk and massing as
visualized from the street and open up views to the sky.

b. Building height step-backs are required in the following locations.

i. Buildings located within 50 feet of Fifth Street.

ii. Buildings located within 50 feet of the stretch of Sinatra Drive

from its intersection with Fifth Street for a distance of 200 feet
along Sinatra Drive.

c. Buildings must be stepped back for a minimum depth of 10 feet at the

height of the lowest rooftop portion of the nearest adjacent building in an
effort to match similar roof lines, or at a height of 55 feet measured from
the average grade of the build-to-line of the building, whichever is less.

(3) Castle Point Steep Slope Buffer Area. In order to protect the existing vegetated
steep slope area located along the easterly edge of Castle Point, and to avoid
potential adverse impacts including erosion, siltation, and surface water runoff, no
new buildings within the University District may be erected within areas with a
slope of 40% or greater.

(4) Roof-top Appurtenances. Appurtenances that are a part of or affixed to the roof
of a building, such as elevator and stair bulkheads; mechanical equipment
associated with heating, cooling, or ventilation of the host structure; screening;
antennas; solar or wind energy production devices; and green-roof installations,
shall be excluded from the height calculation of a structure, provided that no
appurtenance is taller than 15 feet above the roof surface, and that the aggregate
roof cover of bulkheads, mechanical equipment, and antenna installations does
 not exceed 30 percent of the total roof area of the roof on which they are located.
Solar and wind energy production devices and green-roof installations shall be
exempt from roof cover calculations. A roof terrace intended for human
occupancy, where permitted, may increase the aggregate roof cover of all
appurtenances plus terrace to 50 percent of the roof area of the roof on which it is
located, provided the remaining roof area has an intensive green-roof installation.
A parapet wall shall be permitted and not be considered an appurtenance for the
purposes of percent of roof coverage calculation.

(5) Temporary Uses and Structures. Temporary uses and/or structures not pertaining
to construction-related activities, such as, but not limited to, tents, temporary
seating, and temporary parking associated with special events such as orientation,
graduation, academic conferences, and similar events shall be installed no sooner
than 3 weeks before the start of the event and shall be removed no later than 3
days following the end of the event. Temporary uses and structures shall receive
approval by the Zoning Officer and shall not be subject to site plan approval.

(6) Interim Uses and Structures for Academic Activities.

a. Interim uses and non-permanent structures related to academic research

and development activities, such as, but not limited to, greenhouses, labs,
models, and prototypes associated with academic projects, or other similar
temporary facilities, shall be permitted for the duration of the project or
activity to which the use or structure is associated, up to but not to exceed
one year, unless an extension is approved by the Planning Board.

b. Construction trailers related to approved construction activity, shall be

permitted up to but not to exceed two years, unless extension approved by
Planning Board.

(7) Green Infrastructure Bonus Standards for Impervious Coverage.

a. Impervious pavement and buildings disrupt the infiltration of water into

the ground, depriving plants and aquifers of moisture. Instead, urban
rainfall quickly flows over parking lots, rooftops, streets and sidewalks,
picking up pollutants and sediment on the way downhill. This concentrates
stormwater both in time and space, making urban areas prone to flooding
and downstream watersheds subject to erosion and pollution (Source:
Regional Plan Association 9 Ways to Make Green Infrastructure Work).

b. Green infrastructure bonuses are permitted to mitigate impacts of

impervious coverage beyond the maximum base amount allowed. For new
construction or expansion of existing structures or impervious coverage,
the University must implement a minimum of two mitigation strategies of
its choosing listed below, to be approved by the Planning Board.
 i. Green Roof. Engineered soil, vegetation, and drainage systems on
a flat or pitched roof.

ii. Rain Gardens. Landscaped depressions infiltrate and filter

stormwater runoff with specialized plants, possible underdrain.
Also known as vegetated infiltration basin.

iii. Bioswales. Sloped drainage areas filled with vegetation, soils, and/
or stone to direct, infiltrate and filter stormwater runoff.

iv. Stormwater Street Tree Pits. Tree canopies, roots, and tree pits that
facilitate stormwater infiltration and detention and help reduce
runoff.

v. Porous Pavement. Special asphalt, concrete, or spaced paving

enables water to infiltrate soil, evaporate, or drain appropriately.

vi. Solar Canopies. Installation of additional solar canopies, especially

at any remaining surface parking lots.

vii. Water Retention Roof Tiles. Roof tiles that absorb and hold water,
for locations or pathways where green roof is not suitable.

viii. Stormwater Detention Tanks.

ix. Other educational research projects or test installations specifically

related to hydrology and stormwater control.

x. Other best green infrastructure practices as approved by the

Planning Board Engineer.

xi. A standalone infrastructure project may be included toward a

coverage bonus.

H. Uses.

U - Uses Transition Core Edge Castle Point

Academic & P* P P -
Administrative
Offices
Athletic Facilities P* P P P
Auditoriums & P* P P -
Lecture Halls
Auxiliary Housing P* P P -
Classrooms P P P -
Dormitories - P P -
Fraternity & Sorority P* P* P* -
Houses
Health Care Services P* P P -
Incubator & P* P P -
Accelerator Facilities
Infrastructure Support - P P -
Facilities
Laboratory & P* P* P* -
Research Facilities:
Wet
Laboratory & P P P -
Research Facilities:
Dry
Retail Establishments P* P P -
Student Life Facilities - P P* -
Solar and Wind P P P -
Renewable Energy
Facilities

* Permitted subject to compliance with Section I, Supplemental Regulations for Specific Uses.

I. Supplemental Regulations for Specific Uses. The following requirements are

applicable to those uses that are permitted, subject to compliance with this Section. A permitted
use subject to compliance with this Section shall be subject to review and approval by the
Planning Board and shall not constitute a “conditional use” as defined in N.J.S.A. 40:55D-3.
Relief from these requirements may be granted by the Planning Board in accordance with
N.J.S.A. 40:55D-70c. Standards designated as "shall" or "will" are required to be met, and those
designated with "should" or "may" are encouraged, or cited as examples, but are not mandatory.

(1) Academic & Administrative Offices. Where academic or administrative offices

are located within the Transition Sub-Area, the office facilities shall operate
during regular business hours; 7:00 a.m. to 10:00 p.m. Only the Planning Board,
by referral, may extend the hours, as they see fit, depending on the specific
location, use and occupancy of the building.

(2) Athletic Facilities

a. Any modification of or addition to existing athletic facilities in the

Transition Sub-Area shall be setback, not less than, 100 feet from Hudson
 Street and/or 8th Street.

b. A noise mitigation plan shall be provided for any accessory use associated
with athletic facilities or sports fields that includes sound amplification
equipment to assure compliance with the local noise ordinance.

c. A lighting plan shall be provided that includes, but is not limited to, site-
line studies, equipment specifications, screening measures, and hours of
use, to assure that there is no light intrusion onto adjacent non-University
properties.

(3) Auditoriums & Lecture Halls

a. Other than the existing auditorium in Edwin A. Stevens Hall, DeBaun

Auditorium, the maximum occupancy for an auditorium or lecture hall in
the Transition Sub-Area shall not exceed 250 persons.

b. Other than the existing auditorium in Edwin A. Stevens Hall, DeBaun

Auditorium, where auditoriums or lecture halls are located within the
Transition Sub-Area, the facility shall operate only between the hours of
7:00 a.m. and 10:00 p.m. Monday-Saturday, and from 10:00 a.m. to 9:00
p.m. on Sunday.

(4) Auxiliary Housing. An auxiliary housing unit shall contain no more than 5 beds
or bedroom suites.

(5) Fraternity & Sorority Houses.

a. Residential occupancy of a fraternity or sorority house shall comply with

the minimum requirements of the International Property Maintenance
Code.

b. A noise mitigation plan shall be provided with the site plan application.
Sound attenuation measures shall be taken on any new structure or
addition to existing structure to minimize sound migration to adjacent
properties, to assure compliance with the local noise ordinance. Such
measures may include, but are in no way limited to, installation of noise
suppression windows, installation of absorptive insulation in walls and
ceiling, acoustic panels and/or layers of Quietrock® drywall or similar
wall treatments.

c. A maintenance plan for the exterior of the building shall be provided with
the site plan application. Such maintenance plan shall include, but is not
limited to, a schedule for general upkeep such as painting, cleaning, and
repairs, and for grounds and landscape maintenance.
(6) Health Care Services

a. A health care facility located within a Transition Sub-Area shall not have
accommodations for over-night stays.

b. A waste storage and disposal plan must be submitted describing where

waste, including any medical waste, will be stored on the premises.

(7) Incubator & Accelerator Facilities

a. Facilities within the Transition Sub-Area shall have 3,000 square feet or
less of gross floor area. Incubator and accelerator facilities with more than
3,000 square feet are subject to site plan review and additional conditions
to be determined by the Planning Board.

b. The hours of operations for an incubator or accelerator facility in the

Transition Sub-Area shall be limited to 7:00 a.m. to 10:00 p.m. Hours of
operation in Core and Edge Sub-Areas are not restricted.

(8) Laboratory & Research Facilities: Wet

a. A list of all controlled substances, chemicals and hazardous materials to be

used on the premises must be submitted with the site plan application
along with written handling and storage procedures, where applicable.

b. A waste storage and disposal plan must be submitted with the site plan
application describing where waste, including any chemical or medical
waste, will be stored on the premises and how the waste will be removed
and by whom.

c. If the facility includes equipment or services that may generate noise or

vibration, attenuation measures shall be taken to minimize vibration and
sound from migrating to other parts of the building and to the surrounding
area, to assure compliance with the local noise ordinance.

d. If the facility will be conducting activities that are likely to generate heat,
odors, air-born particulate, dust or other such by-products, a make-up air
and/or ventilation system shall be required to ensure consistent air quality
and minimize dissipation of those work by-products inside or outside the
building as per state and federal regulations.

e. If the facility will house animals for research purposes, a housing,

sanitation, and security plan must be submitted with the site plan
application. Additional noise attenuation measures may also be required.

(9) Retail Establishments. A scope of proposed retail activities shall be provided

 with the site plan application that includes hours of operation and a circulation
and occupancy plan.

(10) Student Life Facilities

a. Portions of retail establishments and student life facilities located within

the Edge Sub-Area at grade along 5th Street and/or Sinatra Drive shall be
accessible from the street in order to promote an active and pedestrian-
oriented streetscape.

b. Within the first story of a building, areas of assembly within 100 feet of
Stevens Park shall not have a static occupancy of more than 100 persons.
Higher occupancies shall be subject to conditions of approval to be
determined by the Planning Board.

c. A noise mitigation plan shall be provided. Sound attenuation measures

shall be taken to minimize sound migration to adjacent properties. Such
measures may include, but are in no way limited to, installation of noise
suppression windows, installation of absorptive insulation in walls and
ceiling, acoustic panels and/or layers of Quietrock® drywall or similar
wall treatments.

J. Parking & Transportation Requirements.

(1) Spaces Required. The number of parking spaces maintained in the University
District shall be equal to or greater than 0.8 times the number of parking permits
("the parking-to-permit ratio"), as defined herein, issued by the University, except
as follows:

a. Where the University demonstrates adherence to a Parking and

Transportation Demand Management (TDM) Report as per Section J(4)
below, and where such Parking and TDM Report is submitted to the
Planning Board and the analysis demonstrates that existing trip reduction
measures have been successfully implemented and warrant parking supply
reduction, the number of required spaces may be reduced commensurate
to reductions acknowledged in the TDM Report. Such reduction shall
require variance relief pursuant to N.J.S.A. 40:55D-70c.

b. The parking-to-permit ratio is evaluated on a campus-wide basis and is not

project specific. Current and projected permit data is to be submitted based
on annual Parking and TDM Report compliance per Section J(4) below.
The Parking and TDM Report and Review are done annually per this
Section.

(2) Annual Review. The number of parking spaces shall be reviewed each year, upon
receipt of the annual Parking and TDM Report (see Section J(4)b below). Based
 on the criteria set forth in Section J(1) above, the Planning Board will, at that
time, vote to re-authorize the existing parking-to-permit ratio, or, subject to the
success of implementation of the Parking and TDM Report may approve an
increase or a decrease in the required parking-to-permit ratio.

(3) Remedy of Non-compliance. In the event of an unaddressed parking deficiency,

the University shall secure additional spaces that satisfy the deficiency through
the provision of on-site or off-site parking arrangements. Such arrangements shall
be reported to the Zoning Officer and, if in the opinion of the Zoning Officer, the
deficiency has been adequately addressed, shall be approved by the Zoning
Officer.

(4) Parking and Transportation Demand Management. A Parking and Transportation

Demand Management (TDM) Report is allowed in order to meet the City of
Hoboken's objectives to reduce the number of single-occupant trips and the
number of vehicle miles travelled (VMT), as well as traffic and associated air
pollution, fuel use, noise and congestion. The proposed Parking and TDM plan
shall be implemented as a pilot program beginning in January 2019 and shall
begin implementation by August 2019.

a. Eligible TDM Strategies. Eligible TDM strategies include those that

demonstrate a commitment to reducing single-occupant vehicles trips in
and around Hoboken, and which encourage the use of mass transit,
bicycling, walking, and other transportation alternatives such as, but not
limited to: subsidized public transit passes and other incentives; provision
of shuttle services and paratransit systems; subsidizing ride-hailing
services; providing student ride-share/carpooling programs; providing
bicycle facilities and bicycle commuting incentives; preferential parking
for Low Emission Vehicles, Zero Emission Vehicles, bicycles, carpools,
and vanpools; policies that restrict eligibility for on-campus students and
Hoboken residents to receive parking permits; policies regarding visitor
passes; educational programs to inform on-campus and off-campus
populations as to the need for and benefits realized from changes in
commuting behavior; and other strategies as approved by the reviewing
entity. This commitment must be accompanied by a detailed description
of the measures proposed to be implemented.

b. Parking and TDM Report. The University shall provide the annual report
to the Director of Community Development, the Zoning Officer, and the
Planning Board, due November 15th of each year beginning November
15, 2019. The annual Parking and TDM Report shall be prepared by a
qualified third-party expert in parking and transportation and shall include,
but not be limited to, the following:

i. Current student, faculty, and staff population figures for the current
enrollment year and estimated population projections for the
 following three (3) enrollment years;

ii. The number of parking permits issued for the prior year and for the
current year-to-date, as well as an estimated projection of parking
permits to be issued for the following year, broken down by
campus population type and permit type;

iii. An inventory of the University's parking supply, parking utilization

rates and parking demand statistics for the reporting year, and an
analysis of notable trends;

iv. A detailed description of all TDM programs and policies and how
those programs are administered, actual enrolments per program
compared to enrollment targets, analysis of changes of use over
time, and any proposed changes or enhancements to the program;
and

v. Goals for the specific numeric reduction (and percent reduction) in

vehicle trips; and an analysis of the effectiveness of the TDM
programs and policies towards meeting the campus' goals of
reducing the number of vehicles on campus.

c. If a substantial interim change is made to the Parking and TDM Report

between reporting periods, the revised Parking and TDM Report must be
submitted to the Planning Board.

(5) Curb cuts. As of the adoption of this Section, no new curb cuts shall be added
along Hudson Street.

(6) Loading zones. As of the adoption of this Section, no loading zones, not including
any previously approved loading zones, shall be added on Hudson Street, Castle
Point Terrace, 5th Street, 6th Street, 8th Street or 9th Street.

(7) Enforcement. Failure to comply with the provisions of this Section shall be
subject to the penalties enumerated below:

a. Failure by the University to adhere to an approved Parking and TDM

Report within 60 days of notice of such deficiency shall result in the
immediate revocation of any reduction in the minimum parking supply
and shall return the number of required spaces to 0.8 times the number of
parking permits issued by the University. Upon such revocation, the
University shall, within 30 day, satisfy the deficiency as prescribed in
Section J(3) above.

b. Failure by the University to provide the annual report pursuant to Section

J(4)b above shall result in the issuance of a fine in the amount of $150.00
 per day, beginning 10 calendar days after the report is due and accruing
daily until the report is delivered to the City of Hoboken.

K. University District Signage.

(1) Signs on University buildings within the University District that are internal to the
campus and/or signs that are located on a building façade that does not front on a
public right-of-way (Hudson, 5th, 6th, 8th and 9th Streets, Sinatra Drive and
Elysian Park) shall be exempt from regulation under this ordinance and the Signs
and Signage sub-section of the municipal zoning code.

(2) Building identification signs oriented to Hudson Street, 5th Street, 6th Street, 8th
Street, 9th Street or Elysian Park shall be permitted to a maximum area of 35
square feet. Letter height should not exceed 10 inches, and the sign should not
project more than 6 inches from the face of the building. Lighting, when used, for
signs in these locations shall be indirect; either from an external source or as a
halo behind raised lettering.

(3) Building identification signs oriented to Sinatra Drive shall be permitted to a

maximum of 100 square feet. Individual letter height should not exceed 15
inches, and the sign should not project more than 12 inches from the face of the
building. Lighting, when used, for signs in this location shall be indirect; either
from an external source or as a halo behind raised lettering, exception as noted in
Section K(4) below.

(4) Notwithstanding Section K(3) above, one (1) internally-illuminated sign

identifying the University shall be allowed on any one of the building facades
oriented to the Hudson River located within the Edge Sub-Area or on the Howe
Center. The area of this one sign shall not exceed 450 square feet.

(5) Freestanding institutional or University "gateway" identification consisting of

constructed vehicular and pedestrian entrances to the campus shall be permitted
subject to site plan approval. Locations for such constructed gateways may
include, but are not limited to, the northeast corner of 5th and Hudson Streets and
the north side of 5th Street intersection with River Terrace in front of Edwin A.
Stevens Hall, or at the entrance to 5th Street from Sinatra Drive, or at the easterly
end of 9th Street where it meets the campus. Constructed pedestals marking the
entrances may incorporate decorative street lamps. Face signs built into the
gateway shall only be externally illuminated from a ground-mounted fixture
positioned to illuminate the face of the sign. All light sources shall be properly
screened to minimize unnecessary light migration.

(6) Building identification and wayfinding signage consisting of a ground-mounted

base, pole or posts with a fixed sign panel used to direct visitors to specific
buildings and sites within the campus shall be permitted throughout the
University District, without restriction, except within 25 feet of Hudson Street or
 5th Street. Wayfinding or directional signs for installation within 25 feet of
Hudson Street or 5th Street may be approved by the Planning Board in
conjunction with a site plan, or as part of a comprehensive sign plan at initial
conception, then the signs may be maintained and updated as necessary, for the
life of the signs.

(7) Temporary signage, including banners, A-frames, yard signs, feather flags, and
similar removable signage used in connection with special events, such as
orientation, graduation, conferences and other functions typical of a university,
shall be permitted anywhere on campus except within 50 feet of Hudson Street or
5th Street subject to the exceptions noted below. Temporary signage shall be
installed no more than 3 weeks prior to the special event it is associated with, and
shall be removed within 3 days following the end of the event.

a. Temporary banners advertising a performance or other event open to the

general public; in the case the banner may be affixed to Stevens fences at
the corners of Hudson Street and 5th Street, and Hudson Street and 8th
Street.

b. A-frame signs used for directional wayfinding during Admissions and

Alumni events shall be permitted on 5th Street, but shall be setback 15 feet
from Hudson Street, and shall be removed from the area nightly.

L. Site Plan Requirements.

(1) When Required. Notwithstanding requirements for site plan review and approval
as specified elsewhere in this Chapter, Site Plan review and approval by the
Planning Board shall be required under the following conditions:

a. New construction or alterations of existing structures that result in either

the addition of, or the elimination of, 20 or more student housing beds.

b. New educational facilities (non-housing) with more than 3,000 square feet
of floor area.

c. Additions and/or alterations to an educational facility that increase by 20%

or more the gross floor area of the existing building before addition or
alteration.

d. Demolition or alterations of existing parking that reduces the number of

existing parking spaces by more than 10%.

e. Applications requiring relief pursuant to N.J.S.A. 40:55D-51.

f. Uses subject to Section I, Supplemental Regulations for Specific Uses.

 (2) If the proposed development involves one or more zoning discrepancies as
specified in N.J.S.A. 40:55D-70d, the application for site plan approval and
zoning ordinance variance shall be submitted to the Board of Adjustment.

(3) Where a proposed development involves one or more zoning discrepancies as

specified in N.J.S.A. 40:55D-70c, the application for site plan approval shall
remain with the Planning Board, and the Planning Board shall have the power to
review the site plan application and variance request at the same time, and render
a decision thereon.

(4) When review is required by the Historic Preservation Commission, such review
shall precede that of the Planning Board and/or Board of Adjustment which shall
be informed of the Commission's findings by way of a written report.

M. Historic Landmarks & Review Standards. Any alteration, renovation, or maintenance

work to be performed effecting the exterior of any locally designated historic landmark
buildings or the integrity of the locally designated historic landmark sites, pursuant to
Chapter 42, Historic Preservation, Article V, Standards for Review, of the Hoboken
Municipal Code shall be subject to Hoboken Historic Preservation Commission review
and approval.

N. Annual Review and Reporting Requirements. An annual report shall be provided to

the City of Hoboken, by the University, no later than November 15th of each year. The
report shall be compiled by the University's independent auditor, and shall, at minimum,
include the following information.

(1) A Student & Faculty Census. Reporting to include, but is not limited to, the
following:

a. The total number of undergraduate and graduate students enrolled during

the prior year;

b. A breakdown of the prior years' enrollment by full-time and part-time

students;

c. A breakdown of the prior years' enrollment by on-campus vs. on-line or

off-site students;

d. The projected enrollment for the next 3 years; and

e. The number of full- and part-time faculty and staff, by category, employed
during the prior year.

(2) Student Housing Report. Reporting to include, but is not limited to, the
following:
 a. The total number of students housed by the University during the prior
year;

b. A breakdown of the number of students housed on-campus vs. those in

University-leased housing off-campus; and

c. A breakdown of the off-campus housing numbers by location.

(3) Space Allocation & Use Analysis. Reporting to include the total gross square feet
of University-owned facilities broken down by on-campus and off-campus
academic, residential, administrative, athletic, and student life uses by area;

(4) Public Safety Report. A link to an electronic copy or a physical copy of the
annual Clery Act Report prepared by the University.

SECTION FOUR: AMENDMENT

Chapter 196, Attachment 4 - Zoning Map, of the Code of the City of Hoboken is hereby
amended in accordance with the §196-20A.A. as provided in Section Three of this Ordinance,
with the changes depicted on the University District Zone Map and Sub-Area Map appended
hereto.

SECTION FIVE: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby
repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent
that all such ordinances or part of ordinances now existing or in effect unless the same are in
conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION SIX: SEVERABILITY

The provisions of this Ordinance are declared to be severable and if any section, subsection,
sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a
court of competent jurisdiction, such decision shall not affect the validity of the remaining
sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in
effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity
of any part.

SECTION SEVEN: EFFECTIVE DATE

This Ordinance shall take effect upon passage and publication as provided by law.

SECTION EIGHT: CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully
set forth therein.