City of Englewood, NJ
Bergen County
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Table of Contents
Table of Contents
[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[1]]
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.
[1]
Editor's Note: Original Section 1, Title, of Article 6, Site Plan Review, which immediately preceded this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 250-1.
A. 
An application for site plan approval shall:
(1) 
Include a survey certified by a professional engineer or licensed land surveyor.
(2) 
State the scale used on the plan, which shall be 20 feet to the inch, unless the use of some other scale shall first have been approved by the City Engineer.
(3) 
Identify the project by name of the project and the name and address of the owner of and all persons having an interest in the premises involved (including the names and addresses of the president and secretary of any corporation), designation of the premises on the City of Englewood Tax Assessment Map and street address, if any.
(4) 
Contain a North arrow indication, the names, addresses, seals, and signatures of any licensed architect, engineer, or planner who shall have prepared the plan or part thereof, and the date of the plan and any revisions thereof.
(5) 
Include a key map showing all buildings and structures within 200 feet of the boundary lines of the site, at a scale of one inch to 100 feet.
(6) 
Include a Zoning Map of the City of Englewood showing the location of the site and a written identification of the existing zoning district(s) included within the boundaries of the site and the existing zoning districts within 200 feet of the site's boundaries.
(7) 
Be accompanied by an environmental impact statement, if required by § 250-37 of this article.
(8) 
Include or be accompanied by preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, height and general design or architectural styling.
(9) 
Include copies of any easements, covenants, deed restrictions, or exceptions that cover or are to cover the tract or any part thereof.
B. 
The plans and other materials submitted as an application for site plan approval shall show and identify:
(1) 
The names and addresses of the owners of all property within 200 feet of the premises.
(2) 
The boundaries of the property, existing and proposed street and setback lines, location of any existing or proposed buildings or other structures, including wall fences, culverts and bridges, with elevations of each such existing and proposed building or structure, and identification of any existing or proposed easement, including public easements, and identification of any area proposed to be dedicated to public use.
(3) 
Existing contours with intervals of two feet, locations of existing watercourses, marshes, rock outcrops, cliff faces, ponds, depressions, wooded areas, single trees with a diameter of eight inches or more as measured three feet above the base of the trunk and any other significant existing features, with previous flood elevations of watercourses, ponds and marsh areas, and with the plan referenced to United States Geodetic Survey data as a bench mark.
(4) 
The proposed use or uses of land and buildings and proposed location or locations of buildings and accessory structures, including dimensions of buildings showing location of all entrances, proposed finished grades of all open spaces and drainage swales and proposed grades of interior walks, driveways, and parking or other paved areas, if any. Building outlines shall indicate type of construction, aggregate floor area and height. Floor space of all buildings and the estimated number of employees, occupants, and/or users shall be submitted. If the precise use of the building is known at the time of application, an amended plan showing the proposed use shall be required prior to issuance of a certificate of occupancy.
(5) 
All means of vehicular ingress and egress from the site onto public streets; all proposed streets, with profiles, indicating grading; and cross sections showing the width of the roadway, location and width of sidewalks, walkways, driveways, and curb cuts, the proposed traffic channels, if any, additional width, if any, and any other means of controlling vehicular and pedestrian traffic.
(6) 
The location and layout of any off-street loading areas and/or parking areas and, if permitted, off-site parking facilities, showing the number of spaces required and the number proposed.
(7) 
The existing and proposed location, direction of illumination, type of fixture, color of lights, power and hours of operation of proposed outdoor lighting, including facade lighting and lighted signs.
(8) 
If proposed screening includes the use of walls and/or fences, the site plan shall indicate proposed materials and type of construction to be used. Where necessary, elevations and cross sections shall be submitted to indicate clearly architectural features of proposed walls and/or fences.
(9) 
All trees and shrubbery to be retained shall be delineated and identified on the plan. All new planting shall be located and identified on the plan and supplemented with a planting schedule, which shall provide a key member, both common and scientific names, planting size, root treatment and mature growth size.
(10) 
The location of any existing and/or proposed utilities.
(11) 
The location and size of any existing and/or proposed drainage and sanitary sewer lines, with pipe sizes, grades, and direction of flow, and the location and nature of facilities for garbage and refuse removal.
(12) 
The location of all existing and proposed waterlines, valves, fire alarm boxes and hydrants and all existing and proposed facilities and systems for protection against fire, including existing and proposed fire lanes.
(13) 
Existing and proposed stormwater drainage system, including existing drainage within 500 feet of the site in question if the size of the site is 50,000 square feet or more or within 200 feet of the site in question if the size of the site is less than 50,000 square feet, and including all areas such as paved areas, grassed areas, wooded areas, and any other area contributing to the calculations, and showing methods used in the drainage calculations.
(14) 
Details of all signs to be erected on the site, including:
(a) 
Sketch of all proposed signs, to scale, including graphics and lettering.
(b) 
Dimensioned elevation drawings showing the location of all existing and proposed signs on existing and proposed structures and buildings.
(c) 
Description of how all signs will be attached to the structure, buildings or ground.
(d) 
Illumination of the sign, if any.
(e) 
The color(s) of the signs.
(15) 
The location of all existing and proposed solid waste collection stations. A plan detail at a scale of one inch equals 10 feet shall be incorporated in the submission for each station or for a typical station. The containers at each station shall be delineated on the detail plan and described in tabular form.
[Added 12-7-1993 by Ord. No. 93-19]
(16) 
There shall be included in any new multifamily housing development containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other an indoor/outdoor recycling area for the collection and storage of residentially generated, source-separated recyclable materials. A plan detail at a scale of one inch equals 10 feet shall be incorporated in the submission for each such station or for a typical station. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. A separate container or containers shall be provided for each recyclable material specified by ordinance. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with a district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102, and any applicable requirements of Chapter 364, Solid Waste and Recycling. In addition, such recycling area shall comply with the following design criteria:
[Added 12-7-1993 by Ord. No. 93-19]
(a) 
The recycling area shall be conveniently located with the residential disposal of source-separated recyclable materials preferably near, but clearly separated from, a refuse dumpster.
(b) 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
(c) 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(d) 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(e) 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
C. 
The Planning Board or the Board of Adjustment, with respect to an application for site plan approval submitted or to be submitted to it:
(1) 
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 such requested approval; or
(2) 
May require the submission of such additional information as it deems necessary for its proper review, evaluation and action respecting such requested approval.
A. 
In acting upon an application for site plan approval, the Planning Board and Board of Adjustment shall consider and apply the standards set out in Subsection B below, all of which shall be construed and applied consistent with the overall objectives of this article, which is to insure and protect the public health, safety, security and general welfare, the comfort and convenience of residents and owners and occupiers of land in the City of Englewood, and the region in general, and residents of the immediate neighborhood in particular, and may require such changes in, or attach such conditions to approval of, any plan submitted as will, in its judgement, assure compliance with such standards and such overall intent and purpose.
B. 
Before approving an application for site plan approval, the Planning Board or Board of Adjustment shall satisfy itself that the plan conforms with the following standards:
(1) 
Access. All proposed traffic accessways to all parking spaces are adequate in width, grade, alignment and visibility, are not located too near street corners, other driveways, adjacent properties, schools or other places of public assembly, and do not present any traffic or safety hazard.
(2) 
Circulation. The interior circulation system is adequate to provide safe accessibility to all required off-street parking, is adequate for fire apparatus and police vehicles, and provides for safe and adequate circulation of pedestrians and vehicles within the property.
(3) 
Design review. There is a harmonious relationship between the development of contiguous land and adjacent neighborhoods, there is a harmonious location of principal and accessory buildings in relation to the site and in relation to one another, and the design and appearance of residential development is in accordance with applicable City ordinances.
(4) 
Drainage. Provision has been made for the safe and adequate drainage of surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others will be prevented, and drainage facilities have been designed on the basis of a ten-year storm, using a one-hour intensity of two inches, unless otherwise provided by the Planning Board.
(5) 
Environmental review. Provision has been made for environmental review to minimize the adverse impact of air pollution, noise, water pollution, and other similar factors that may be generated by the proposed development.
(6) 
Flooding. Provision has been made for the regulation of land in flood-prone areas.
(7) 
Garbage and refuse. Provision has been made for the indoor or enclosed storage of garbage and refuse.
(8) 
Illumination. The lighting of the building, the property and all signs on the property are such as not to produce any glare at the exterior lot lines of the premises, with the height of any lighting source within property used for residential purposes not in excess of 14 feet and the height of any lighting source within property used for commercial, industrial, or public facility purposes not in excess of 18 feet. Traffic circulation patterns are such as to eliminate, to the extent possible, any glare from the lights of automobiles onto adjacent property.
(9) 
Improvements. Drainage, sewer lines, retaining walls, culverts and other capital improvements are adequate, measured by generally accepted engineering and construction design standards, and comply with all applicable codes, ordinances, regulations, and statutes, and all required improvements on the site plan are to be completed prior to final approval, or subsequent to approval after posting of adequate bonding.
(10) 
Landscaping and screening. All playground, parking and service areas are reasonably screened, at all seasons of the year, from the view of adjacent residential lots and streets or from those most likely to be exposed to the property, and the general landscaping of the site is in character with that generally prevailing in the neighborhood.
(11) 
Loading spaces. Each loading space conforms to the design requirements of Part 4, Zoning, of this chapter as nearly as may be practicable and is located in such position as to cause the least hindrance to internal circulation of traffic and the least noise and aesthetic disturbance to the public and neighboring property owners, and no loading space is located in a position in which any vehicle using the space will block the free passage of pedestrians or vehicles.
(12) 
Master Plan. The site plan conforms to the objectives of the Master Plan of the City of Englewood as nearly as may be practicable.
(13) 
Open space. Provision has been made for required open spaces as set forth in Part 4, Zoning, of this chapter.
(14) 
Parking. Proposed parking areas have been located in areas designated by the Planning Board or Board of Adjustment as the most appropriate locations on the site, or, if permitted by Part 4, Zoning, of this chapter, off the site, in view of the size and topography of the property, considerations of safety and aesthetics, the requirement of adequate buffering, and the elimination of glare, dust and noise caused by traffic.
(15) 
Paving and curbs. Paving is of such material as shall be approved by the City Engineer as adequate for the intended use, and curbs are to be of concrete, adequate in size and location to direct surface water runoff away from neighboring properties and toward approved drainage systems.
(16) 
Preservation of natural resources. Natural resources are preserved, to the extent possible.
(17) 
Road improvements. Improvements to public streets or additional rights-of-way, if necessitated by the use for which site plan approval is sought, are provided, with such improvements to be in accordance with standards and specifications set forth in applicable ordinances of the City of Englewood.
(18) 
Retaining walls. Retaining walls have been designed to be safe and adequate for the purpose intended.
(19) 
Security. Provision has been made, to the extent possible, for the adequate security of persons who are employed, are residents of or visitors to the site, which provisions shall include adequate lighting in public open spaces and other improvements as are deemed necessary by the City's public safety agencies to minimize criminal activity.
(20) 
Sewage disposal. Provision has been made in accordance with applicable regulations of all government agencies and bodies having jurisdiction over the collection and disposal of sewage.
(21) 
Sidewalks. Sidewalks have been provided where needed to protect the safety of pedestrians.
(22) 
Soils. Provision has been made for the protection and conservation of soil from erosion by wind or water or from excavation or grading.
(23) 
Storage. Outside storage is provided only in areas approved by the Board, if any, and such areas are, as nearly as may be practicable, shielded from public view and protected by adequate fencing or screening.
(24) 
Trees. No trees over 24 inches in circumference, measured three feet zero inches above grade, and no trees of unique value have been removed in contemplation of the application, and no trees are to be removed except the following:
(a) 
Trees located in the area of a proposed building, to a distance of 15 feet from exterior walls or eaves of porches.
(b) 
Trees located in areas designated for the installation of site structures, such as walks, parking areas, driveways, swimming pools, courts for games and sports and other related structures, where no alternative locations are feasible for such structures.
(c) 
Trees proposed to be removed to create an improved grading and landscape plan, which shall include trees in areas subject to grade changes affecting the life or safety of the tree, all of which are to be indicated on grading or site development plans submitted in conjunction with the site plan application.
(d) 
Diseased and dead trees, provided that no tree shall be girdled or poisoned in order to avoid compliance with these provisions.
(e) 
Trees that constitute hazards to safety, sanitation, and the general welfare.
C. 
Notwithstanding the provisions hereinabove set forth, there is herein incorporated by reference the New Jersey Residential Site Improvement Standards, appearing as N.J.A.C. 5:21-1.1 et seq., together with any amendments thereto, which shall govern any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for residential subdivision, site plan approval or variance before any municipal agency created pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or in connection with any other residential development approval required or issued by the City of Englewood; provided, however, that such regulations shall not supersede any provision of Part 4, Zoning, of this chapter.
[Added 8-19-1997 by Ord. No. 97-25]
A. 
A draft environmental impact statement (EIS) 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. 
The administrative officer shall determine if the draft EIS is complete. An incomplete EIS shall mean an incomplete application for preliminary site plan approval.
C. 
The draft EIS format shall be developed by the Planning Board and Board of Adjustment and shall include the following:
(1) 
A description of the proposed project.
(2) 
A description of the environment prior to the implementation of this project.
(3) 
The projected environmental impact of the project during the construction phase, throughout the life of the project and beyond. The long-range impact, i.e., beyond the life of the project, includes the effect of the proposal upon the character of the neighborhood, community and region and their populations. Irreversible or permanent affects will also be identified, which include the loss of natural resources or major changes in land use patterns.
(4) 
Recommended procedures, if any, to mitigate the environmental impacts for each time phase in Subsection C(3) above.
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.
(3) 
Planned developments.
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.
(7) 
The population impact.
(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.
[1]
Editor's Note: Original Section 1, Title, of Article 7, Subdivision, which immediately preceded this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 250-1.
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.
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."
A. 
An application for subdivision approval shall be made on forms provided by the Board Secretary.
B. 
The subdivision plat shall be prepared by a New Jersey licensed land surveyor and shall include the following items of information:
(1) 
Title block, containing:
(a) 
Name of project.
(b) 
Name and addresses of owners or corporate officers.
(c) 
Tax Assessment Map designation, by block and lot.
(d) 
Street address.
(e) 
Names, addresses, telephone numbers, seals, and signatures of the surveyors, date of survey and revisions.
(f) 
Scale, one inch equals 20 feet or one inch equals 10 feet, or as directed by the City Planner or City Engineer.
(2) 
Graphic presentation of:
(a) 
North arrow indication.
(b) 
Lot lines, with square footage of existing and proposed lots.
(c) 
Existing contours at intervals of two feet, or one foot for grades of less than 5%, referenced to a USGS datum, and extending not less than 10 feet beyond the lot lines.
(d) 
Geographic features, watercourses, marshes, rock outcrops, cliffs, ponds, wooded areas.
(e) 
Location and identification of existing planting over eight inches in diameter.
(f) 
Existing easements.
(g) 
Location of existing buildings and structures, including walls, fences, culverts, and bridges.
(h) 
Location of street center line, edge of pavement, curb openings and curb and gutter openings.
(i) 
Location of existing utilities.
(j) 
Location and size of existing sanitary lines, including pipe size, grades, and direction of flow.
(k) 
Location and size of existing storm drainage, including pipe size, grades, and direction of flow.
(l) 
Location of other existing drainage.
(m) 
Location of existing waterlines, fire alarm boxes and hydrants.
(3) 
Key map (use City Tax Map and City aerial tax photos), containing:
(a) 
Scale, one inch equals 100 feet.
(b) 
North arrow, with same orientation as subdivision plat.
(c) 
Property in question.
(d) 
All properties within 200 feet identified by lot and block number.
(e) 
The zoning districts applicable to those properties.
(f) 
Location of all principal structures on those properties.
(g) 
All watercourses within 200 feet.
(h) 
All drainage within 200 feet, or within 500 feet for lots larger than 50,000 square feet.
(i) 
All driveway intersections with the public streets within 200 inches.
(4) 
Tabular presentation of:
(a) 
Names and addresses of all property owners and principal uses of all.
(b) 
Properties within 200 inches, keyed to key map.
C. 
Except for minor subdivisions, in which the applicant elects to file a deed in lieu of a file map, the plat shall be in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
D. 
The applicant shall submit 24 prints of the subdivision plat, drafted to the specifications listed above and folded separately to a size no larger than 10 inches by 14 inches, with the title block showing.
E. 
Concurrently with filing an application with the Englewood Board, a subdivision application shall be filed with the Bergen County Planning Board for either county subdivision approval or a waiver therefrom. Whenever County Planning Board approval is required, the Englewood Board shall condition any approval upon an approval by the County Planning Board.
F. 
The Englewood Board Secretary will inform the applicant as to the date, time and place when the application will be on the Board's agenda.
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.
A. 
Upon receipt of a completed application and a satisfactory subdivision plat, the Board will schedule a public hearing for the application.
B. 
The applicant shall notify by publication in the official newspaper at least 10 days prior to the date of the public hearing and shall notify by mail at least 10 days prior to the date of the public hearing all owners of real property within 200 feet of the extreme limits of the subdivision in accordance with the procedures established in N.J.S.A. 40:55D-12 or any amendments thereto. Said notice shall state the date, time and place of hearing, a description of the subdivision, which includes an identification of the property proposed for subdivision by street address, if any, and by reference to current lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office, as well as the new block and lots proposed for subdivision, and that a copy of the subdivision map(s) and other documents filed in connection therewith are available for inspection at the Board's office in the Municipal Building during normal business hours of the City of Englewood. At the hearing, the applicant shall file proof of mailing the notice and also proof of publication thereof.
C. 
Upon approval of the subdivision and the adoption of a memorializing resolution, the applicant shall submit the original plat and a duplicate reproducible plat and the original and a copy of a deed for signature by the Board Chairman and Secretary. The duplicates of the signed documents shall be filed with the Englewood Engineering Department.
D. 
It is the responsibility of the applicant to file the approved document with the County Recording Officer within the time stipulated in N.J.S.A. 40:55D-47 and to publish notice of the Municipal Board decision.
A. 
An application for major subdivision approval shall incorporate the following, as applicable:
(1) 
Consistency of the layout or arrangement of the subdivision with the requirements of Part 4, Zoning, of this chapter.
(2) 
Streets in the subdivision of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the Official Map, the design elements contained herein, and the circulation element of the Master Plan, and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain, provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width or already has been shown on the Master Plan at the greater width or already has been shown in greater width on the Official Map.
(3) 
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.
(4) 
Suitable size, shape and location for any area reserved for public use pursuant to N.J.S.A. 40:55D-44 or any amendment thereto.
(5) 
Reservation, pursuant to N.J.S.A. 40:55D-43 or any amendment thereto, of any open space to be set aside for the use and benefit of the residents of planned development resulting from the application of standards of density or intensity of land used contained in Part 4, Zoning, of this chapter.
(6) 
Regulation of land designated as subject to flooding pursuant to N.J.S.A. 40:55D-65e, or any amendment thereto, to avoid danger to life or property.
(7) 
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
(8) 
Conformity with standards promulgated by the Commissioner of Transportation pursuant to the "Air Safety and Hazardous Zoning Act of 1983," P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), for any airport hazard areas delineated under that Act.
(9) 
Conformity with Chapter 364, Solid Waste and Recycling.
(10) 
Provision for off-tract water, sewer, drainage and street improvements which are necessitated by a subdivision, subject to the provisions of N.J.S.A. 40:55D-42 and any amendments thereto.
B. 
An application for major subdivision approval shall comply with all of the submission requirements of § 250-44 of this chapter, and the document to be filed with the County Recording Officer shall be the subdivision plat prepared in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
C. 
In addition to the requirements of § 250-44, the following on-site and on-tract improvements shall be designed by a New Jersey licensed professional engineer:
(1) 
Streets.
(2) 
Curbs.
(3) 
Sidewalks.
(4) 
Driveway aprons.
(5) 
Drainage facilities.
(6) 
Sanitary sewers.
(7) 
Retaining walls and other site structures.
(8) 
Location of all proposed utilities.
(9) 
Grading plan, with existing contours shown as dashed lines and finished contours as solid lines.
(10) 
Profiles of streets, storm and sanitary sewers.
D. 
A soil and sediment erosion control plan, including a provision for the stockpiling of topsoil, shall be submitted.
E. 
A landscape plan shall also be submitted and shall include a planting schedule, with street shade trees having a minimum caliper of three inches spaced no more than 35 feet apart.
F. 
Design standards. The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
(1) 
General. The plat as subdivided shall conform to design standards that will encourage good development patterns within the municipality. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-38 to 40:55D-41 and 40:55D-44 and shall be such as to lend themselves to the harmonious development of the municipality and enhance the public welfare in accordance with the following design standards.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Streets.
(a) 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
(b) 
Minor streets shall be so designed as to discourage through traffic.
(c) 
Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Planning Board may determine appropriate.
(d) 
The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:
[1] 
Arterial streets: 80 feet.
[2] 
Collector streets: 60 feet.
[3] 
Minor streets: 50 feet.
[4] 
Marginal access streets: 40 feet.
[5] 
The right-of-way width for internal roads and alleys in multifamily, commercial and industrial development shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire-fighting equipment.
(e) 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board.
(f) 
Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/2 of 1%.
(g) 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
(h) 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(i) 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(j) 
When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
(k) 
All changes in grade shall be connected by vertical curve of sufficient radius to provide a smooth transition and proper sight distance.
(l) 
Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
(m) 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
(3) 
Blocks.
(a) 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Part 4, Zoning, of this chapter and to provide for convenient access, circulation control and safety of street traffic.
(b) 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkway shall be at least 10 feet wide and be straight from street to street.
(c) 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
(4) 
Lots.
(a) 
Lot dimensions and area shall not be less than the requirements of Part 4, Zoning, of this chapter.
(b) 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(c) 
Each lot must front upon an approved street at least 50 feet in width, except lots fronting on streets described in Subsection F(2)(d)[4] and [5] and Subsection F(2)(f) of this section.
(d) 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
(e) 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold favorable approval of such lots.
(5) 
Public use and service areas.
(a) 
In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.
(b) 
Where a subdivision is traversed by a watercourse, drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
(c) 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
(6) 
Drainage. Drainage facilities shall be designed to provide for a zero increase in drainage runoff for a one-hundred-year storm event.
(7) 
Sanitary sewers. Sanitary sewers shall be designed so as to provide for a zero net increase in the City's sanitary sewer flow as a result of the proposed subdivision and the proposed improvements thereon and, to the extent required to carry out the foregoing, shall include off-site or off-tract inflow and/or infiltration improvements.
G. 
Subdivisions shall comply with the applicable provisions of Part 4, Zoning, of this chapter, constituting Articles VIII through XVIII hereof, unless an application is approved for a variance therefrom or unless the Englewood Board, in accordance with encouraging and promoting flexibility, economy and environmental soundness in layout and design, approves the varying of lot areas and dimensions and yards and setbacks otherwise required by Part 4, Zoning, of this chapter in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the norms of Part 4, Zoning, of this chapter, provided that such variations are appropriate to the type of development permitted.
H. 
There shall be included in any new multifamily housing development containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other an indoor/outdoor recycling area for the collection and storage of residentially generated, source-separated recyclable materials. A plan detail at a scale of one inch equals 10 feet shall be incorporated in the submission for each such station or for a typical station. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. A separate container or containers shall be provided for each recyclable material specified by ordinance. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with a district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102, and any applicable requirements of Chapter 364, Solid Waste and Recycling. In addition, such recycling area shall comply with the following design criteria:
[Added 12-7-1993 by Ord. No. 93-19]
(1) 
The recycling area shall be conveniently located with the residential disposal of source-separated recyclable materials preferably near, but clearly separated from, a refuse dumpster.
(2) 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
(3) 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(4) 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(5) 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
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.
A. 
If the municipal agency acts favorably on a preliminary plat and adopts a memorializing resolution, a notation to that effect shall be made on the plat, and the chairperson of the municipal agency shall affix his signature to the plat. The plat and a copy of the memorializing resolution shall be returned to the subdivider for compliance with final approval requirements.
B. 
Preliminary approval of a major subdivision shall confer upon the applicant, for a three-year period from the date of the preliminary approval, the rights set forth in N.J.S.A. 40:55D-49, except as otherwise provided by Subsection d thereof.
C. 
If the applicant elects to make the on-site and on-tract improvements prior to final approval of the major subdivision, he shall first execute a developer's agreement with the Board and the City of Englewood, incorporating the requirements thereof and of a form approved by the City Solicitor.
A. 
The granting of final subdivision approval shall be in accordance with the provisions of N.J.S.A. 40:55D-50.
B. 
The municipal agency shall, after a public meeting following publication and notice as specified in § 250-46B, approve the application for final subdivision approval, with or without conditions, provided that the following requirements are met:
(1) 
Detail drawings and specifications meet all applicable codes and ordinances.
(2) 
The final plat is substantially the same as the approved preliminary subdivision.
(3) 
If not submitted and approved at the time of preliminary approval, prior to the issuance of a building permit or permits, the applicant shall submit to the Board for approval plans for:
(a) 
The entire on-tract grading and landscaping, including all structures associated with these improvements and all buildings proposed to be erected.
(b) 
Elevations and floor plans of all buildings proposed to be erected.
(4) 
All improvements have been installed or bonds posted to ensure the installation of improvements, in an amount determined by the City Engineer.
(5) 
The applicant has a fully executed developer's agreement with the Board and the City of Englewood.
(6) 
Proof has been submitted that all taxes and assessments have been paid.
C. 
All improvements shown or required with respect to a subdivision shall be performed in accordance with the approved final major subdivision, provided that the Englewood Board may permit a deviation from the final major subdivision if caused by a change in conditions beyond the control of the developer since the date of final approval and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Part 4, Zoning, of this chapter.
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.