Hoboken council reviews ordinance for bird-friendly construction during caucus

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The Hoboken City Council reviewed an ordinance up for first reading that would mandate bird-friendly construction for certain new and renovated buildings during yesterday’s caucus.

By Daniel Ulloa/Hudson County View

Hoboken Council President Ruben Ramos the proposal, sponsored by 2nd Ward Councilwoman Tiffanie Fisher and 5th Ward Councilman Phil Cohen, would mandate bird-friendly construction materials for “up to 85 feet above grade.”

1st Ward Councilman Paul Presinzano wanted to know that, if approved, would the new building regulations be phased in or be enforced across the board immediately, as well as how much it would burden construction officials.

“ … We hear consistently that to get anything done with permits … it’s a nightmare. I was hoping we could focus on getting some of that fixed … Are builders going to come to us? This increases glass costs 100 percent,” he asserted.

Presinzano also questioned if rising costs could potentially impact affordable housing.

“Has there been any data in Hoboken on this? We’re going to pass this. We have a difficult time already enforcing many of our laws. But I want to know if streamlining … our permit process, I would hope we would do that before we jump into this. We’re just adding more and more to that office,” he continued.

6th Ward Councilwoman Diane Imus added that up to 85 feet could include a four-story brownstone and window replacements are “already massively expensive.”

“If you look inside the packet, there should be a PowerPoint, that was presented to the committee that includes … their studies of Hoboken properties … and the significant impact Hoboken buildings have on the birds that fly through our community,” Cohen explained.

“This ordinance has been prepared toward Jersey City, which already has this ordinance in effect … They had the same height restrictions as this. [Zoning Officer] Ann Holtzman has been directly working with me and [Community Development] Director [Chris] Brown on this.”

For those reasons, Cohen also expressed confidence that City Hall could handle the changes.

“It’s only when you’re dealing with renovations or new buildings,” he added.

“If you’re replacing the windows in your brownstone, will you have to get bird-safe glass?” Imus asked.

“Yes,” Cohen replied.

Fisher argued that the price of glass for a construction project is relatively low when considering all of the costs being considered.

“The cost of glass is four percent of the total cost of an entire building. If the cost of the cost of the glass itself goes up 25 percent … it would go from four to five percent … It won’t dramatically change the return profile of a building,” she explained.

“I’d like this applied to any building that hasn’t received land use approvals. All the Rockefeller buildings should be subject to this provision. If they already have planning board approval … I think that’s too late.”

Brown replied that they would need to comply with both the proposed ordinance, assuming it passes, and the redevelopment plan. He also clarified that they have not submitted an application yet.

Fisher said that may still be problematic when it comes to time of application rules, but Brown pointed out that the ordinance says “it shall apply to all new construction and alteration,” meaning it wouldn’t apply to say Imus replacing her windows.

For these reasons, Fisher asked if they would insert a sentence clarifying applicability.

“Is there a way to insert a sentence it shall apply to any building that doesn’t have planning board approval? … There’s no possible way Stevens should be allowed to build their new building … without [bird safe glass, did they get approval?” she questioned.

“They did,” Ramos answered.

“How do we force Stevens to include bird glass on that building … So many birds die on the tall buildings at Stevens because they don’t put bird safe glass in …What can we do?” Fisher continued.

She went on to ask if it was possible to tailor the ordinance to say the regulations apply to projects that have not yet received a construction permit.

“Let me take a quick look at that. Keep talking. Once it generally passes zoning, that’s kind of the end of the rope,” Corporation Counsel Arlene Quiñones Perez said.

Ramos said they could review the ordinance further, potentially making amendments with Quiñones Perez’s advice, at Wednesday’s 7 p.m. meeting.

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