This chapter shall be known and may be cited as the "Municipal
Land Use Ordinance of the City of Englewood."
The purpose of this chapter is to enact rules, regulations,
and procedures governing municipal zoning, planning and land use in
the City of Englewood which are in accord with the provisions of the
Municipal Land Use Law (P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.)
and to promote and further the purposes and intents set forth in said
law.[1]
A.
All applications for development shall be initially presented to
the Zoning Officer, as heretofore designated in the Department of
Building and Code Enforcement.
B.
The Zoning Officer shall refer the application to the appropriate
municipal agency and shall assist the applicant in processing the
application for development.
C.
The Zoning Officer shall collect all fees in connection with said
application.
A.
All meetings of any municipal agency established under this chapter
shall be held as scheduled by the municipal agency, said meetings
to be scheduled in compliance with the provisions of N.J.S.A. 40:55D-9.
B.
Except as otherwise permitted by law, all regular and special meetings
of any municipal agency established under this chapter shall be open
to the public, with notice of all meetings provided as required by
law.
C.
Minutes of all regular and special meetings shall be kept as required
by N.J.S.A. 40:55D-9.
A.
Municipal agencies established under this chapter shall hold hearings
as required by N.J.S.A. 40:55D-10. All procedures governing said hearings
shall be established by the municipal agency in compliance with N.J.S.A.
40:55D-10.
B.
Public notice of a hearing on an application for development shall
be given by an applicant pursuant to N.J.S.A. 40:55D-12. In addition,
public notice of a hearing shall be required for any site plan review,
for appeals of determinations of administrative officers pursuant
to Subsection a of Section 57 of P.L. 1975, c. 291, as amended (N.J.S.A.
40:55D-70), and for requests for interpretations pursuant to Subsection
b of Section 57 of P.L. 1975, c. 291, as amended (N.J.S.A. 40:55D-70).
Upon request and upon payment of the appropriate fee, the Tax Assessor
shall provide an applicant with the names and addresses of property
owners who are required to receive notice pursuant to N.J.S.A. 40:55D-12.
[Amended 3-2-1999 by Ord. No. 99-03]
C.
Municipal agencies established pursuant to this chapter shall provide
for verbatim recordings of all hearings and shall make such records
available to any interested party at his expense. Transcripts thereof
may be provided by any interested party at his expense.
D.
Any board, agency or department of the City of Englewood, or employee thereof, may, upon written request by the municipal agency, or as the result of its own review, submit a written report concerning any application pending before the municipal agency, or any specific issue or aspect thereof, within the time requested by the municipal agency. A copy of such report shall be sent by regular mail to the applicant or the applicant's attorney prior to the date of any hearing at which the said report is to be considered by the municipal agency or shall be provided to the applicant or applicant's attorney at said hearing. The municipal agency or the applicant or any interested parties may request that the author of said report testify before the municipal agency. In the event that no such request is made, the municipal agency shall consider said report in rendering any decision. If such request is made, however, the municipal agency may consider said report only if the municipal agency, applicant or interested party has an opportunity to cross-examine the author of said report. The secretary of the municipal agency shall provide copies of any such report to any interested person who requests same upon payment to the City of Englewood of the fee established pursuant to Chapter 191, Fee Schedule, of the Code of the City of Englewood in effect.
A.
All decisions for development shall be in writing, with a copy filed
with the Zoning Officer, the administrative officer of the respective
municipal agency rendering the decision, and the office of the City
Clerk, and a copy mailed to the applicant.
B.
A brief notice of each decision shall be published in a newspaper
of general circulation in the City of Englewood, said notice to be
arranged by and at the cost of the applicant.
C.
A decision granting exception or variance from the provisions of this chapter shall expire if no construction, alteration, or conversion has been commenced within one year from the date of the grant. Notwithstanding the foregoing, the municipal agency granting any exception or variance from the provisions of this chapter may, by resolution, grant an extension thereto, either at the time of the decision or at any time thereafter, upon public notice thereof as provided in § 250-5 hereof.
[Amended 3-2-1999 by Ord. No. 99-03]
D.
Except as otherwise provided by the resolution of the municipal agency,
a decision granting any exception or variance from the provisions
of this chapter shall expire if no construction, alteration, or conversion
has been commenced within one year from the date of the grant.[1]
[1]
Editor's Note: Original Section 5, regarding appeals to the
governing body, which immediately followed this section, was repealed
3-2-1999 by Ord. No. 99-04.
A.
For purposes of the administration of this chapter, the City Planner
is designated as the administrative officer to the Planning Board.
B.
For purposes of the administration of this chapter, the Zoning Officer
is designated as the administrative officer to the Board of Adjustment.
C.
For purposes of the administration of this chapter not otherwise
provided for herein, the City Clerk is designated as the administrative
officer.
D.
The administrative officers designated above shall have the powers
and duties set forth in the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.) and such other duties as may hereafter be provided by ordinance.
Chapter 191, Fee Schedule, shall apply to applications for development, said fees to be paid to the City of Englewood prior to any action being taken by any municipal agency respecting said application.
With respect to all applications from major subdivisions and
site plan approvals, the municipal agency shall condition any such
approval upon the execution of a developer's agreement between the
municipal agency, the applicant and the City of Englewood specifying,
in part, off-site, on-tract or off-tract improvements, public improvements,
bonding requirements, escrow requirements, other conditions imposed
by the municipal agency and such other terms and conditions as the
City and the municipal agency deem appropriate. The municipal agency
may waive the requirement of a developer's agreement in appropriate
circumstances, subject to the consent of the City Council. Unless
so waived, no certificate of occupancy or building permit shall be
issued respecting any application for development requiring major
subdivision or site plan approval unless the applicant has entered
into a developer's agreement of a form specified herein.
[Added 10-5-1992 by Ord. No. 92-28]
No application for development shall be approved by the municipal agency unless the applicant submits proof that no taxes or assessments for local improvements are due or delinquent on the property for which the application for development is made or unless such approval is conditioned upon submission of such proof prior to the issuance of any municipal permits for said development. Proof that no taxes or assessments for local improvements are due or delinquent on said property may be obtained from the Receiver of Taxes of the City of Englewood upon application therefor, in accordance with the provisions of Article 3 of Chapter 5 of Title 54 of the Revised Statutes (N.J.S.A. 54:5-11 et seq.) relating to official searches for municipal liens.
