This chapter enacted by the mayor and council of the Borough of Englewood Cliffs to provide rules and regulations, standards and procedures for the development and use of tennis courts in the Borough of Englewood Cliffs, and in order to promote the public health, comfort, safety and general welfare and to insure the ordinary development of the municipality shall be known and may be cited: "The Tennis Court Ordinance of the Borough of Englewood Cliffs."
a. 
The word "court" shall be used to designate a tennis court constructed or to be constructed in any residential zone in the Borough of Englewood Cliffs.
b. 
The word "owner" shall apply to any land owner, lessee, tenant or other person occupying or in possession of lands lying within the Borough of Englewood Cliffs.
The provisions of the chapter shall be administered by the Englewood Cliffs Planning Board.
a. 
Any owner shall, prior to the construction of a court as defined by this chapter, submit to the zoning officer a plan of the proposed court and such other information as may be required in section 23-6 below.
b. 
Within 10 days of the receipt of the proposed plan the zoning officer shall submit the said plan and other required information to the Englewood Cliffs Planning Board. The planning board shall render a decision within 45 days of the submission of the plan to the zoning officer or within such further time as may be consented to by the owner, otherwise the plan shall be deemed to be approved.
The plan shall be drawn on a map to a scale not smaller than one inch equals 40 feet and not larger than one inch equals 10 feet and shall include and show the following information:
a. 
The name and address of the applicant and the owner and the name, address and title of the person proposing the plan, maps and accompanying data, the date of preparation, and the dates of each revision where applicable.
b. 
An appropriate place for the signature of the chairman and secretary of the planning board.
c. 
The lot and block number or numbers of the lot or lots from the borough tax maps; length and bearings of the lot lines of the proposed project.
d. 
Scale and north sign and key map.
e. 
The zone district in which the lot is located.
f. 
The location, names and pavement and right of way width at all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties together with the names and addresses of the owners as disclosed on the borough tax map and tax rolls as of the date of the site plan application and the location of existing buildings within 200 feet of the site in question.
g. 
All existing buildings and structures and all accessory buildings or structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.
h. 
Present and proposed topography based on New Jersey geodetic control survey datum at two feet contour intervals including sufficient distance outside the site to show the relationship to adjoining properties.
i. 
All existing and proposed setback dimensions, landscape areas in trees of six-inch caliper on the site attached by the proposed court and fencing.
j. 
Existing and proposed plantings to provide screening for noise.
k. 
Any and all other information and data necessary to meet any of the requirements of this chapter not listed above.
Each plan shall provide for the following:
a. 
A court shall be located only in the rear yard in all residential districts. The rear yard is determined as follows:
1. 
In the case of a corner lot that one-half of the lot depth furthest from the fronting street and no nearer the side street line as required for the main building.
2. 
In the case of an interior lot that one-half of the lot depth furthest from the fronting street.
3. 
In the case of a through lot, that one-half of the lot depth other than that one-quarter of the lot depth nearest each and every street.
b. 
No court shall be located within 10 feet of the rear line or 20 feet of the side line.
c. 
A tennis court shall be enclosed by a fence which shall be erected to a height of 10 feet. The fencing shall be at least 75% open and unobstructed. Windscreens shall not cover more than 25% of the fencing.
d. 
All setbacks required for courts shall be measured from the fence enclosing the tennis court.
e. 
No owner shall be permitted to construct more than one tennis court.
f. 
The setback and sideyard provisions hereof shall only apply in the event that the adjacent property is zoned residential.
g. 
No artificial, electric or any other type of lighting shall be permitted to be erected or installed in connection with any tennis court.
h. 
No platform tennis court shall be permitted within the Borough of Englewood Cliffs.
Each plan shall provide the following:
a. 
Adequate screening and landscaping including shrubbery, bushes, trees and other plantings to provide protection from noise.
b. 
Standards for grading, drainage and other improvements found necessary shall be provided and approved by the borough engineer where applicable. Any off tract or drainage improvements required as a result of the improvement shall be paid for by the owners under standards described in the subdivision ordinance of the Borough of Englewood Cliffs.
c. 
Where any portion of the retaining structure for the court is more than three feet above the elevation of the ground measured at the nearest point of the property line of the lot on which the court is located, the retaining structure and ground area intervening between it and the property line shall be terraced and landscaped in a manner approved by the board after review and comment by the borough engineer. In reviewing the plan, the board shall consider proper drainage of the site and shall minimize the visual impact of the court on adjoining property owners by the installation of landscaping and, if necessary, the reduction in the elevation of the court.
The application fee for a permit to construct a court shall be $25 for each court. In addition, the owner shall deposit $500 to cover the cost of review services provided by the borough engineer, planning consultant, borough attorney, planning board attorney, other borough personnel, the publication of notices and other required expenses. The borough clerk shall place the deposit in a trust account in the name of the owner and shall charge thereto all disbursements for said review services. Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of deposit, sufficient additional funds will be deposited before any zoning permit shall be issued. Upon receipt of approval from the planning board to construct a court, the owner may secure a zoning permit from the zoning officer upon the payment of a fee of $5.
The planning board shall, upon the granting of approval to construct a court hereinbefore stated, require the applicant and its contractor to post a joint performance bond in the amount of not less than $2,500 as a condition to obtainment of a building permit. Said performance bond shall be in form approved by the borough attorney and with surety acceptable to the borough, and in accordance with the provisions of N.J.S.A. 40:55D-53.
The performance bond shall be released after certification by the borough engineer that the construction has been accomplished in accordance with the terms and conditions of the approval.
Any person other than the owner or applicant aggrieved by the terms of this chapter may appeal the decision of the planning board to the mayor and council of the Borough of Englewood Cliffs.
Whenever any court existing at the time of the adoption of this chapter violates any of the provisions hereof and the condition creates a nuisance by reason of noise, light or drainage adversely attesting adjacent properties, then upon written notification by the mayor and council, the zoning officer, or any officer of the Borough of Englewood Cliffs, the owner of said court shall submit a plan of said court to the zoning officer which will correct the said violation and nuisance in accordance with the terms of this chapter within 30 days of said notification. The correction of this type of nuisance is necessary for the general health, safety and welfare of the citizens of Englewood Cliffs.
Any person who violates any provisions of this chapter shall for each and every violation thereof and for each and every day that such violation continues be subject to a fine of not more than $100 per violation at the discretion of the magistrate of the Borough of Englewood Cliffs.
The zoning officer of the Borough of Englewood Cliffs is hereby designated as the public officer charged with the enforcement of the terms of the chapter. All complaints for alleged violation at any of the terms of this chapter shall be submitted in writing to the zoning officer.