Englewood City Zoning Code

The construction of a new building or addition to an existing building.

A development or redevelopment of any property, including any property located in a redevelopment area.

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.

A change in occupancy of a site that includes exterior parking or exterior storage areas.

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.

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.

Construction or alteration or change in occupancy of a single one-family house or any lawful accessory use thereto.

An addition or extension to a building which conforms in all respects to applicable zoning requirements where:

Include a survey certified by a professional engineer or licensed land surveyor.

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.

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.

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.

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.

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.

Be accompanied by an environmental impact statement, if required by § 250-37 of this article.

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.

Include copies of any easements, covenants, deed restrictions, or exceptions that cover or are to cover the tract or any part thereof.

The names and addresses of the owners of all property within 200 feet of the premises.

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.

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.

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.

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.

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.

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.

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.

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.

The location of any existing and/or proposed utilities.

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.

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.

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.

Details of all signs to be erected on the site, including:

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.

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:

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

May require the submission of such additional information as it deems necessary for its proper review, evaluation and action respecting such requested approval.

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.

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.

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.

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.

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.

Flooding. Provision has been made for the regulation of land in flood-prone areas.

Garbage and refuse. Provision has been made for the indoor or enclosed storage of garbage and refuse.

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.

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.

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.

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.

Master Plan. The site plan conforms to the objectives of the Master Plan of the City of Englewood as nearly as may be practicable.

Open space. Provision has been made for required open spaces as set forth in Part 4, Zoning, of this chapter.

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.

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.

Preservation of natural resources. Natural resources are preserved, to the extent possible.

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.

Retaining walls. Retaining walls have been designed to be safe and adequate for the purpose intended.

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.

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.

Sidewalks. Sidewalks have been provided where needed to protect the safety of pedestrians.

Soils. Provision has been made for the protection and conservation of soil from erosion by wind or water or from excavation or grading.

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.

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:

Residential use: developments of 100 dwelling units or more.

Nonresidential: buildings or structures with a gross aggregate floor area of 40,000 square feet.

A description of the proposed project.

A description of the environment prior to the implementation of this project.

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.

Recommended procedures, if any, to mitigate the environmental impacts for each time phase in Subsection C(3) above.

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.

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.

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.

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

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.

All exposed facades are to have facades similar to the residential or office buildings nearest the parking structure.

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.

Driveway access to the parking structures that front a street shall be limited in number to the fullest extent possible.

A planting strip, fully planted with shrubs and trees, shall be designed along all parking facilities fronting streets (either public or private streets).

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.

Pedestrian access throughout the development and particularly, with respect to any planned development south of Route No. 4, along the Overpeck Creek.

Pedestrian access to and from all primary roadways immediately outside of the development.

Pedestrian access to public transportation.

Vehicular access to and from all public spaces and particularly, with respect to any planned development south of Route No. 4, along Overpeck Creek.

Adequate public parking for visitors to public spaces.

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:

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.

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.

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.

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.

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.

The applicant also shall demonstrate that:

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.

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:

Drainage plans and supporting computations for any storm drainage system, including the following information as may be required by the City Engineer:

Landscaping plans, indicating the following information:

Residential use: developments of 100 dwelling units or more.

Nonresidential buildings or structures with a gross aggregate floor area of 40,000 square feet.

Planned developments.

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.

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.

The impact of the proposed development upon the operation and maintenance of parks and recreational lands.

A utility impact, including stormwater, sewerage, water, electricity, gas, and solid waste disposal.

The impact on public services, including police, fire protection, schools, libraries, hospitals, and ambulance service.

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.

The population impact.

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.

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.

Such additional impact information as may be required by the Planning Board or Board of Adjustment in consideration of an application for development.

Title block, containing:

Graphic presentation of:

Key map (use City Tax Map and City aerial tax photos), containing:

Tabular presentation of:

Consistency of the layout or arrangement of the subdivision with the requirements of Part 4, Zoning, of this chapter.

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.

Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.

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.

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.

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.

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

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.

Conformity with Chapter 364, Solid Waste and Recycling.

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.

Streets.

Curbs.

Sidewalks.

Driveway aprons.

Drainage facilities.

Sanitary sewers.

Retaining walls and other site structures.

Location of all proposed utilities.

Grading plan, with existing contours shown as dashed lines and finished contours as solid lines.

Profiles of streets, storm and sanitary sewers.

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]

Streets.

Blocks.

Lots.

Public use and service areas.

Drainage. Drainage facilities shall be designed to provide for a zero increase in drainage runoff for a one-hundred-year storm event.

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.

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.

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.

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.

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.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

Detail drawings and specifications meet all applicable codes and ordinances.

The final plat is substantially the same as the approved preliminary subdivision.

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:

All improvements have been installed or bonds posted to ensure the installation of improvements, in an amount determined by the City Engineer.

The applicant has a fully executed developer's agreement with the Board and the City of Englewood.

Proof has been submitted that all taxes and assessments have been paid.