Notwithstanding any other provisions of this chapter, neither subdivision approval nor site plan approval shall be required for any acquisition or sale of lands by the City of Englewood, or for any development undertaken by the City of Englewood on lands owned, leased or to be owned or leased by the City of Englewood, provided that such acquisition, sale or development is authorized by resolution or ordinance adopted by the City Council.
Any proposal for acquisition, sale or development as described in § 250-133 of this article which, if undertaken by someone other than the City of Englewood, would require subdivision and/or site plan approval shall be referred by the City Council, or by such officer or officers of the City as shall be designated by the City Council, to the Planning Board for its review, comments and recommendations prior to effecting such acquisition or sale or commencing construction of such development, and the Planning Board shall review and evaluate the same and apply the same criteria thereto as if such acquisition, sale or development did in fact require subdivision and/or site plan approval.
Within 45 days of a referral to the Planning Board of any such proposed acquisition, sale or development, the Planning Board shall submit to the City Council its report and recommendations respecting same.
The City Council shall be guided by and shall proceed pursuant to the report and recommendations of the Planning Board, unless, by resolution duly adopted, it shall reject or disapprove all of any of same. Adoption of any such resolution of rejection or disapproval shall require the votes of three Council members or, in the event of a tie vote among the Council members, a vote of two Council members and the Mayor.
Failure of the Planning Board to submit its report and recommendations within the aforesaid forty-five-day period shall be deemed to constitute and be the equivalent of a favorable report and recommendation from the Planning Board.
Applicability. This section shall be applicable to all applications for development pursuant to the provisions of N.J.S.A. 40A:12A-1 et seq. and authorized pursuant to a developer’s agreement between a redeveloper and the City Council or a redevelopment agency established by the City of Englewood.
[Amended 4-24-2012 by Ord. No. 12-14]
Submission of application for development. A redeveloper may submit an application for development notwithstanding the failure to either own the proposed site or have a fully executed contract of purchase of the proposed site from the owner thereof at the time of application, provided that the agreement entered into between the redeveloper and the City Council or the redevelopment agency provides for the acquisition of the site by eminent domain, if necessary, and the subsequent conveyance thereof by the City or redevelopment agency to the redeveloper, whether or not subject to conditions precedent.
Except as otherwise provided herein, an application for development filed under this section shall be processed and administered in accordance with the same procedures and pursuant to the same criteria established by ordinance for application for development of nonmunicipal projects.
The City Council may, in the exercise of its sound discretion and in furtherance of a redevelopment plan, designate, by resolution adopted by a majority of the City Council, the application for development by the redeveloper as a municipal project. Upon the filing of a certified copy of such resolution with the Planning Board, the Planning Board shall conduct a review and evaluation of the application for development pursuant to the provisions of §§ 250-134 and 250-135 of this article. Upon completion of the Planning Board review, the City Council may approve or disapprove the report or recommendation of the Planning Board and may approve the proposed development notwithstanding the report, recommendations or approval of the Planning Board in accordance with §§ 250-136 and 250-137 of this article.
Editor's Note: The redevelopment plans adopted by the City Council are included as an attachment to this chapter.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Wherever the requirements of this chapter differ from the requirements of another ordinance, the provisions of that ordinance which impose greater restrictions upon the use of buildings or require larger yards or other open spaces shall govern.
In the event of any conflict in the terminology of any section of part thereof, or between different sections of this chapter, the more restrictive provisions shall control.
Should any section or provision of this chapter be decided by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. The City Council hereby declares that it would have passed this chapter and each section and subsection thereof, irrespective of the fact that any one or more parts, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
Should this chapter in its entirety be decided by any court of competent jurisdiction to be unconstitutional or invalid, Part 4, Zoning, of this chapter of the City of Englewood, including all amendments thereto, as it existed immediately prior to the adoption of this chapter, shall be deemed to have remained in effect.
All ordinances or parts thereof either inconsistent with the provisions hereof or with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are hereby repealed to the extent of such inconsistency.
Any matter specifically required to be provided for by the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. and not otherwise provided for herein, is hereby incorporated by reference and made a part hereof.
If any section, sentence, clause or other provision of this chapter, or the application thereof to any person or circumstance, is for any reason adjudged by a court of competent jurisdiction to be invalid, such judgement shall not effect, impair or invalidate the remainder of this chapter.
All applications for development made pursuant to any land use ordinance or regulation in effect prior to the effective date hereof may be continued pursuant to the provisions of said prior ordinance or regulation, provided that the procedural provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., shall be adhered to in the processing thereof following the effective date of this chapter to the maximum extent practicable.
[Amended 3-14-2006 by Ord. No. 06-04]
Any person violating any provision of this chapter shall be subject to a fine not to exceed the sum of $1,250 and/or imprisonment for a term not to exceed 90 days and/or community service for a period not to exceed 90 days. A separate violation shall occur for each day upon which a violation exists or continues.