[Amended 7-22-2003 by Ord. No. 03-07; 8-8-2006 by Ord. No. 06-10; 8-16-2011 by Ord. No. 11-08]
A. Except as provided in Subsection
B below, site plan approval by the Planning Board or Board of Adjustment shall be required and no building permit or certificate of occupancy issued until a site plan therefor shall have first been approved by the Planning Board or the Board of Adjustment, in the event of any of the following:
(1) The construction of a new building or addition to an existing building.
(2) A development or redevelopment of any property, including any property
located in a redevelopment area.
(3) A change in occupancy that requires the altering, increasing or decreasing,
or any other change to parking facilities or vehicular storage or
other exterior storage areas or vehicular access or vehicular travel
ways or pedestrianways to comply with the City of Englewood's ordinance
requirements.
(4) A change in occupancy of a site that includes exterior parking or
exterior storage areas.
(5) A site that requires a substantial change in landscaping or lighting
as a direct result of a new occupancy, as first determined by the
Zoning Officer and then referred to the Planning Board for site plan
approval or waiver.
(6) When steeped sloped areas are being developed or redeveloped, except
for those applications for development which are exempt from site
plan approval pursuant to the provisions of the Municipal Land Use
Act (N.J.S.A. 40:55D-1 et seq.). With respect to any application for
development which is exempt from site plan approval, the appropriate
municipal agency shall be governed by the provisions of this chapter
respecting steeped sloped areas in considering any variances in connection
therewith.
B. Site plan approval shall not be required for:
(1) Construction or alteration or change in occupancy of a single one-family
house or any lawful accessory use thereto.
(2) An addition or extension to a building which conforms in all respects
to applicable zoning requirements where:
(a) The ground cover thereof does not exceed 5% of the ground coverage
of the existing building and does not exceed 80 square feet; and
(b) The provisions of Subsection
A do not apply.
In addition to the requirements set forth elsewhere in this
article, planned developments authorized pursuant to any provision
of this chapter shall be required to obtain site plan approval with
respect to any such development in accordance with the following additional
regulations:
A. General development plan. With respect to any planned development
authorized pursuant to any provision of this chapter of the Code of
the City of Englewood, the Planning Board is hereby authorized to
grant general development plan approval with respect thereto, which
shall set forth, where applicable, the information required pursuant
to N.J.S.A. 40:55D-45.1 and which may include, where applicable or
when required by ordinance, the information specified in N.J.S.A.
40:55D-45.2.
B. Open space. With respect to any provision of this chapter requiring
the set-aside of common open space in connection with a planned unit
development, planned unit residential development or residential cluster,
the developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of the development, if said open space is not dedicated to the City
of Englewood or other governmental agency, in accordance with the
provisions of N.J.S.A. 40:55D-43.
C. Findings. Prior to approval of a planned development under this article,
the Planning Board shall find the following facts and conclusions:
(1) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the standards established for the zoning districts in Part
4, Zoning, of this chapter.
(2) That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate, to the extent that Part
4, Zoning, of this chapter requires such common open space.
(3) That provisions, through the physical design of the proposed development,
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate.
(4) That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(5) In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
D. Where provisions are made for the construction of a development over
a period of years, the Planning Board or the Board of Adjustment shall
provide for the protection of the interests of the public and of the
residents, occupants and owners of the proposed development until
the total completion of the development.
E. Notwithstanding the contiguous acreage requirements set forth in Part
4, Zoning, of this chapter for a planned development, the Planning Board may permit the establishment of individual lots of less than the minimum contiguous acreage required, provided that such individual lots meet the minimum lot requirements, that all land lying within the area to be developed for the planned development, including any such individual lots, shall form a part and be subject to one overall site plan covering the entire tract, that such site plan shall be reviewed and approved by the Planning Board, and that any such separately owned or subdivided lots or parcels of land shall be subject to and covered by the aforesaid comprehensive site plan covering the entire tract, whether pursuant to an agreement binding on the owners of all such separate lots or parcels, as well as their successors in title, which shall be approved by the Attorney for the Planning Board so as to assure that no part of the overall tract shall be developed in any manner except as a part of the comprehensive site plan.
F. The Planning Board is empowered to require performance and maintenance
guarantees in the amounts and for the purposes and duration set forth
in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) to assure
the installation and maintenance of landscaping, recreational facilities,
common areas, and other on-site or necessary improvements.
G. Prior to the issuance of any site plan approval for a planned development,
the Planning Board shall require a developer to enter into a developer's
agreement, between the developer, the municipal agency, and the City
of Englewood, which shall be binding on the developer and all successors
in title and which shall detail the development, location, and time
of site improvements and the responsibilities for and method of maintaining,
repairing, and replacing the same, and any required performance guarantees,
together with such other items required in connection with site plan
approval, which developer's agreement shall be subject to the approval
by the governing body.
H. Parking structures. Parking structures shall be designed in such
a manner as to be consistent and complement the streetscape. They
are to be designed with the following considerations:
[Added 7-16-2002 by Ord. No. 02-12]
(1) All exposed facades are to have facades similar to the residential
or office buildings nearest the parking structure.
(2) Where parking structures are adjacent to residential structures,
aesthetics, noise, light and facade treatment are to be considered
by the Planning Board in determining the acceptability of the design.
(3) Driveway access to the parking structures that front a street shall
be limited in number to the fullest extent possible.
(4) A planting strip, fully planted with shrubs and trees, shall be designed
along all parking facilities fronting streets (either public or private
streets).
(5) Vehicles shall be shielded or screened from view at grade level.
Shielding may be provided by the building design, landscaping or fences
and walls within the planned development.
I. Circulation plan. The planned development shall create a streetscape
for pedestrian and vehicular circulation that is pedestrian-friendly
and provides:
[Added 7-16-2002 by Ord. No. 02-12]
(1) Pedestrian access throughout the development and particularly, with
respect to any planned development south of Route No. 4, along the
Overpeck Creek.
(2) Pedestrian access to and from all primary roadways immediately outside
of the development.
(3) Pedestrian access to public transportation.
(4) Vehicular access to and from all public spaces and particularly,
with respect to any planned development south of Route No. 4, along
Overpeck Creek.
(5) Adequate public parking for visitors to public spaces.
J. Sight lines. The overall plan shall provide unobstructed sight lines,
to the fullest extent possible, for pedestrians and for occupants
of the residential spaces. With respect to any planned development
south of Route No. 4, these sight lines shall be for viewing Overpeck
Creek and the Bergen County Golf Course directly to the west of the
overlay zone. High-rise commercial structures shall be located such
that residential sight lines to the west shall not be obscured. Pedestrian
access to Overpeck Creek from the interior of the development site
shall not be overly encumbered.
[Added 7-16-2002 by Ord. No. 02-12]
[Added 4-17-2001 by Ord. No. 01-02]
A. Purpose. The purpose of regulating steep sloped areas in the City
of Englewood is to prevent, or reduce, the problems resulting from
the development of such steep sloped areas, including, but not limited
to, the following: increased soil erosion and stormwater runoff; loss
of existing vegetation which stabilize the soils on steep sloped areas;
increased costs for development, maintenance, and remediation of problems;
blasting of bedrock; removal of topsoil and other soil; and degradation
to the visual aesthetics of ridges and hillsides.
B. Specific regulations.
(1) Development, including stripping of vegetation, grading, or other
soil disturbances, through the City of Englewood shall occur only
on those portions of a lot or tract outside the steep sloped area,
except as otherwise specifically permitted by ordinance, and except
further as follows:
(a)
No area with topographic slopes 25% or greater in grade shall
be disturbed or developed.
(b)
No area with topographic slopes from 15% to 25% may be disturbed
or developed without the applicant submitting sufficient evidence
to prove the following:
[1]
Soil erosion, land disturbance, and other environmental concerns
have been adequately addressed by the applicant.
[2]
The performance standards in Subsection
C herein below have been satisfied.
[3]
The applicant has submitted grading, drainage, and landscaping plans for the entire lot or tract of land to be developed, each in accordance with the requirements specified in Subsection
D herein below, which plans confirm conformance with the aforementioned performance standards and which further confirm that the rate and velocity of the surface water runoff from the entire site which will result following completion of the proposed development shall not exceed that which currently exists in the predevelopment conditions. Certification by a professional engineer will be required stating that the standards contained herein have been met.
(2) An applicant may seek relief from these requirements by variance
granted by the Planning Board or by the Zoning Board of Adjustment,
as the case may be.
C. Performance standards. The City Engineer, when reviewing an application
to disturb slopes from 15% to 25% or when reviewing an application
for variance relief from the requirements of this chapter, shall submit
a report to the Planning Board or Board of Adjustment for each application.
The Planning Board or Board of Adjustment shall be guided by, but
not limited to, the following performance standards:
(1) The applicant shall demonstrate that the disturbance of the steep
sloped area is necessary for the proposed development of the subject
tract or lot and that such development is otherwise in accordance
with the applicable ordinance provisions of the City of Englewood.
(2) The applicant shall demonstrate that the proposed development has
utilized the noncritical areas of the tract to the extent reasonably
practicable and that an attempt has been made to minimize the disturbance
of the steep sloped areas by limiting development to either isolated
areas of steep slopes and/or to those slopes with relatively less
of a steep grade.
(3) The applicant shall demonstrate that appropriate revegetation and
landscaping of the disturbed steep sloped areas has been provided
to adequately stabilize the slopes and enhance the attractiveness
of the site, all in accordance with accepted soil conservation and
stormwater management techniques as promulgated by the Bergen County
Soil Conservation District and the City Engineer.
(4) The applicant shall demonstrate that the proposed disturbance of
the steep sloped area minimizes the impairment of the visual quality
of the site and protects the higher elevations along hillsides, ridges,
and mountain tops which create visual amenities.
(5) The applicant also shall demonstrate that:
(a)
The geologic disturbance, including blasting, cutting, or excavating,
resulting from the development of any steep sloped area will be satisfactorily
mitigated; and
(b)
The cost of providing and maintaining public facilities and
services to those areas where critical steep sloped areas may be disturbed
will not be substantially increased as a result of such disturbance.
D. Submission of grading, drainage, and landscaping plans for steep
sloped areas. Any applicant proposing to disturb topographic slopes
equal to or exceeding a fifteen-percent grade in the City of Englewood
shall submit the following information to the City Engineer and to
the Planning Board or the Zoning Board of Adjustment, as the case
may be, and all submitted plans, details, and calculations shall be
prepared, signed, and sealed by a New Jersey licensed professional
engineer:
(1) A steep slope analysis, including the following and utilizing the
best available topographical information, provided that the City Engineer
may require additional information, including, but not limited to,
an on-site topographic survey utilizing a two-foot contour interval
or spot elevations on the site to document steep sloped areas. Areas
designated as steep sloped areas shall be shaded and the area calculated.
(2) The grading plan, which shall be prepared at a minimum scale of one
inch equals 20 feet, including the following information in addition
to all other applicable requirements of this chapter:
(a)
Plans showing the location of, and details for, all drainage
devices, retaining walls, cribbing, dams, or other protective devices
to be constructed, and any existing or proposed swales, ditches, brooks,
or other drainage patterns;
(b)
Plans, profiles, cross sections, and details of all retaining
walls showing the height of each wall, the elevation at the top and
bottom of each wall, the materials to be used, a profile and cross
section of each wall, any proposed plantings, any safety barriers,
the calculations of anticipated earth and hydrostatic pressures and
surcharges, and the calculations detailing the design of each wall;
and
(c)
The limits of clearing and disturbance, which shall be held
to be the maximum permitted on the site.
(3) Drainage plans and supporting computations for any storm drainage
system, including the following information as may be required by
the City Engineer:
(a)
All existing or proposed storm sewer lines within or adjacent
to the tract, showing the profile, size, and slope of the lines, the
direction of flow, and the location of each catch basin, inlet, manhole,
culvert, headwall, and utility line, including pipe sizes and grades.
(b)
A map drawn to scale (minimum scale of one inch equals 100 feet)
showing the contributing area to each inlet or cross-drain.
(c)
The weighted runoff coefficient for each drainage area that
was utilized in the submitted computations and a report by the design
engineer containing the design criteria used, the alternatives considered,
the reasons for the final selections and the design calculations.
(4) Landscaping plans, indicating the following information:
(a)
The proposed limits of disturbance of the subject site.
(b)
All existing and proposed vegetation within the area to be disturbed.
(c)
A specific identification, with the area to be disturbed, of
all individual trees or groups of trees which have a caliper of eight
inches or more measured three inches above the ground level, with
an indication of which trees are to be removed.
[Added 4-17-2001 by Ord. No. 01-06]
A. Applicability. A developmental impact statement (DIS) shall be required
for preliminary site plan approval for any development which exceeds
any of the following:
(1) Residential use: developments of 100 dwelling units or more.
(2) Nonresidential buildings or structures with a gross aggregate floor
area of 40,000 square feet.
B. Contents. A DIS shall include the following:
(1) A general land use plan, including the tract area, general locations
of the land uses to be included, the total number of dwelling units,
the amount of nonresidential floor area to be provided, the proposed
land area to be devoted to residential and nonresidential uses, the
proposed types of residential and nonresidential uses, the land area
to be occupied by each proposed type of use, the density and intensity
of use of the entire development, a residential density for each type
of residential use and a nonresidential floor area ratio for each
type of nonresidential use.
(2) A traffic study, including the general location and types of transportation
facilities, including facilities for pedestrian access within the
proposed development, any proposed improvements to the existing transportation
system outside the proposed development, the number of vehicles anticipated
to ingress and egress the site on a daily basis and during peak hours,
the impact on local, county, and state roadways in the vicinity of
the proposed development and the parking impact.
(3) The impact of the proposed development upon the operation and maintenance
of parks and recreational lands.
(4) A utility impact, including stormwater, sewerage, water, electricity,
gas, and solid waste disposal.
(5) The impact on public services, including police, fire protection,
schools, libraries, hospitals, and ambulance service.
(6) A fiscal report describing the anticipated demand on municipal services
to be generated by the proposed development and any other financial
impacts to be faced by the municipality or school district as a result
of the completion of the proposed development, including a detailed
projection of property tax revenues which will accrue to the county,
municipality, and school district, the current assessment of the site
of the proposed development, the anticipated value of the land and
improvements upon completion of the proposed development, the impact
on the municipal budget and a cost-revenue analysis.
(8) An assessment of the number of jobs to be generated or lost by the
proposed development, including a description of the jobs either generated
or lost, and whether the jobs generated are short term or long term
in nature.
(9) An assessment of the proposed development's impact on entrepreneurial
activity within the City of Englewood, including the number and types
of businesses lost, the number and types of new anticipated businesses
and the impact of existing businesses within the City of Englewood.
(10)
Such additional impact information as may be required by the
Planning Board or Board of Adjustment in consideration of an application
for development.
C. Completeness. The administrative officer shall determine if the DIS
is complete. An incomplete DIS shall mean the application for preliminary
site plan approval is incomplete pursuant to the Municipal Land Use
Act (N.J.S.A. 40:55D-1 et seq.).
D. Waiver. The Planning Board or Board of Adjustment, where applicable,
may waive the requirements for submission of any of the above information,
if it determines that such information is not necessary for proper
review, evaluation, and action respecting the proposed development.
E. Exclusion. Application for development under a redevelopment plan which is designated as a municipal project pursuant to Article
XIX of this chapter shall be exempted from the requirements under this section.
The purpose of this article shall be to provide rules, regulations
and standards to guide land subdivision in the City of Englewood in
order to promote the public health, safety, convenience and general
welfare of the municipality. It shall be administered to insure the
orderly growth and development, the conservation, protection and proper
use of land and adequate provision for circulation, utilities and
services.
The approval provisions of this article shall be administered
by the City of Englewood Planning Board or by the Board of Adjustment
whenever the Board of Adjustment has jurisdiction over a subdivision.
Approval shall be by resolution of the Board as a condition for filing
of such plats with the County Recording Officer.
As used in this article, the following terms shall have the
meanings indicated:
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision. All
other definitions shall be in accordance with N.J.S.A. 40:55D-3, 40:55D-4,
40:55D-5, 40:55D-6 and 40:55D-7.
MINOR SUBDIVISION
A subdivision of land for the creation of not more than three
lots, provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement, the
cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42, or
any amendment thereto.
SUBDIVISION
A.
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this article if no new streets are created:
(1)
Divisions of land found by the Planning Board or subdivision
committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
(2)
Divisions of property by testamentary or intestate provisions;
(3)
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
(4)
Consolidation of existing lots by deed or other recorded instrument;
and
(5)
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or Atlas of the
municipality.
B.
The term "subdivision" shall also include the term "resubdivision."
At the time of application, the Board Secretary shall classify
the application of either a minor or major subdivision and shall calculate
the application fees therefor. The Board may reclassify such application
at any time prior to final approval thereof, whereupon the fee shall
be adjusted accordingly.
Preliminary major subdivision approval shall be in accordance with the procedures of §
250-46A and
B and the applicable provisions of N.J.S.A. 40:55D-48 and any amendments thereto.
Final approval of a major subdivision shall confer upon the
applicant the rights set forth in N.J.S.A. 40:55D-52 and any amendments
thereto.
Final approval of major subdivisions shall be filed and recorded
in accordance with the provisions of N.J.S.A. 40:55D-54 and any amendments
thereto.