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.
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.
(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:
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.
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.
[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:
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.
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:
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.
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.
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:
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;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
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.
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.
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.
(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]
(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.
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:
(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.
