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Borough of North Plainfield, NJ
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2024-04-22
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Municipal Code
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Chapter 22 Land Development
Adopting Ordinance
Ch AO
Adopting Ordinance
Municipal Code
Ch 1
General
Ch 2
Administration
Ch 3
Police Regulations
Ch 4
General Licensing
Ch 5
Animal Control
Ch 6
Alcoholic Beverage Control
Ch 7
Traffic
Ch 7A
Traffic Schedules
Ch 8
Parking Lots and Parking Meters
Ch 9
Personnel
Ch 10
Building and Housing
Ch 11
Property Maintenance
Ch 12
Rent Stabilization
Ch 13
Water and Sewer
Ch 14
Streets, Sidewalks and Sanitation
Ch 15
Swimming Pools
Ch 16
Election Districts
Ch 17
Green Acres Area
Ch 18
Air Pollution Control
Ch 19
Fire Prevention
Ch 20
(Reserved)
Ch 21
Soil and Soil Removal
Ch 22
Land Development
Ch 22 Art I
GENERAL PROVISIONS
§ 22-1
SHORT TITLE.
§ 22-2
PURPOSES.
§ 22-3
DEFINITIONS.
§ 22-4
ADMINISTRATIVE PROCEDURES.
§ 22-5
MEETINGS; QUORUMS.
§ 22-6
PUBLIC MEETINGS AND MINUTES.
§ 22-7
HEARINGS.
§ 22-8
CONTENTS OF NOTICE OF HEARING ON APPLICATION FOR DEVELOPMENT OR ADOPTION OF MASTER PLAN.
§ 22-9
NOTICE OF APPLICATIONS.
§ 22-10
NOTICE CONCERNING MASTER PLAN.
§ 22-11
EFFECT OF MAILING NOTICE.
§ 22-12
NOTICE OF HEARING ON ORDINANCE OR CAPITAL IMPROVEMENT PROGRAM; NOTICE OF ACTION ON CAPITAL IMPROVEMENT OR OFFICIAL MAP.
§ 22-13
FILING OF DEVELOPMENT REGULATIONS.
§ 22-14
APPEAL TO THE BOROUGH COUNCIL; TIME; NOTICE; MODIFICATION; STAY OF PROCEEDINGS.
§ 22-15
ENFORCEMENT.
§ 22-16
CONDITIONAL APPROVALS.
§ 22-17
FEES.
§ 22-18
CONSTRUCTION OF CHAPTER.
§ 22-19
SATELLITE DISHES.
§ 22-20
through § 22-26. (RESERVED)
Ch 22 Art II
PLANNING BOARD
§ 22-27
PLANNING BOARD.
§ 22-27.1
Establishment.
§ 22-27.2
Membership.
§ 22-27.3
Terms of Office; Removal.
§ 22-27.4
Organization of the Planning Board.
§ 22-27.5
Powers of the Planning Board.
§ 22-27.6
Ancillary Powers.
§ 22-27.7
Referral Powers.
§ 22-27.8
Citizens' Advisory Committee; Environmental Commission.
§ 22-28
through § 22-33. (RESERVED)
Ch 22 Art III
MASTER PLAN
§ 22-34
PREPARATION; CONTENTS, MODIFICATION.
§ 22-35
PERIODIC EXAMINATION.
§ 22-36
through § 22-39. (RESERVED)
Ch 22 Art IV
CAPITAL IMPROVEMENTS PROGRAM AND PROJECT REVIEW
§ 22-40
PREPARATION OF CAPITAL IMPROVEMENTS.
§ 22-41
ADOPTION OF CAPITAL IMPROVEMENT PROGRAM.
§ 22-42
REVIEW OF CAPITAL PROJECTS.
§ 22-43
through § 22-46. (RESERVED)
Ch 22 Art V
OFFICIAL MAP
§ 22-47
ESTABLISHMENT OF AN OFFICIAL MAP.
§ 22-48
ISSUANCE OF PERMITS FOR BUILDINGS OR STRUCTURE.
§ 22-49
BUILDING LOT TO ABUT STREET.
§ 22-50
APPEALS.
§ 22-51
through § 22-54. (RESERVED)
Ch 22 Art VI
SUBDIVISION AND SITE PLAN REVIEW AND APPROVAL
§ 22-55
GRANT OF POWER; COUNTY PLANNING BOARD APPROVAL.
§ 22-56
SUBMITTAL PROCEDURE.
§ 22-57
RESERVATION OF PUBLIC AREAS.
§ 22-58
OFF-TRACT IMPROVEMENTS.
§ 22-59
FINDINGS FOR PLANNED DEVELOPMENTS.
§ 22-60
STANDARDS FOR THE ESTABLISHMENT OF OPEN SPACE ORGANIZATIONS.
§ 22-61
TIME FOR DECISION.
§ 22-62
PUBLIC HEARINGS.
§ 22-63
RIGHTS UNDER PRELIMINARY APPROVAL.
§ 22-64
FINAL APPROVAL OF SITE PLANS AND MAJOR SUBDIVISIONS.
§ 22-65
EXCEPTION TO APPLICATION OF SUBDIVISION OR SITE PLAN REGULATIONS; SIMULTANEOUS REVIEW AND APPROVAL.
§ 22-66
EFFECT OF FINAL APPROVAL.
§ 22-67
GUARANTEES REQUIRED.
§ 22-68
MINOR SUBDIVISION.
§ 22-69
FILING OF SUBDIVISION PLATS.
§ 22-70
SELLING BEFORE APPROVAL.
§ 22-71
CERTIFICATES SHOWING APPROVAL.
§ 22-72
ENVIRONMENTAL IMPACT STATEMENT.
§ 22-72.1
Requirements and Applicability.
§ 22-72.2
Definition.
§ 22-72.3
Contents of Statement.
§ 22-72.4
Submission and Review.
§ 22-72.5
Waiver.
§ 22-72.6
Appeals.
§ 22-73
COMMUNITY IMPACT STATEMENT.
§ 22-73.1
General.
§ 22-73.2
Contents of Community Impact Statement.
§ 22-73.3
Preparation of CIS.
§ 22-73.4
Waiver.
§ 22-74
PAYMENT OF TAXES AND ASSESSMENTS.
§ 22-75
through § 22-77. (RESERVED)
Ch 22 Art VII
SITE PLAN AND SUBDIVISION STANDARDS
§ 22-78
DESIGN STANDARDS.
§ 22-79
STANDARD REQUIRED IMPROVEMENTS.
§ 22-80
CONSTRUCTION REQUIREMENTS.
§ 22-81
DESIGN STANDARDS FOR SUBDIVISION PLATS.
§ 22-82
RECYCLING AND SOLID WASTE REQUIREMENTS FOR NEW DEVELOPMENTS OF MULTIFAMILY RESIDENTIAL UNITS OR COMMERCIAL, INSTITUTIONAL, GOVERNMENT OR INDUSTRIAL PROPERTIES.
§ 22-82.1
Definitions.
§ 22-82.2
Recycling Plan to be Included in Applications to Planning Board and/or Zoning Board of Adjustment.
§ 22-82.3
Protection of Recycling Area.
§ 22-82.4
Hauling Contract Required for Certificate of Occupancy.
§ 22-82.5
Design of Containers.
§ 22-82.6
Signs.
§ 22-82.7
Screening.
§ 22-82.8
Provision for Solid Waste Storage and Pickup Required.
§ 22-83
through § 22-88. (RESERVED)
Ch 22 Art VIII
ZONING BOARD OF ADJUSTMENT
§ 22-89
ZONING BOARD OF ADJUSTMENT.
§ 22-89.1
Establishment, Member, and Organization.
§ 22-89.2
Powers.
§ 22-89.3
Employees.
§ 22-89.4
Appeals and Applications.
§ 22-89.5
Time for Decision.
§ 22-89.6
Modification on Appeal.
§ 22-89.7
Stay of Proceedings; Exception.
§ 22-89.8
Other Powers of the Board of Adjustment.
§ 22-89.9
Member Absence at Meetings.
§ 22-90
through § 22-99. (RESERVED)
§ 22-100
INTERPRETATION AND SCOPE.
§ 22-100.1
Interpretation.
§ 22-100.2
Scope.
§ 22-101
WATER RUN-OFF CONTROL.
§ 22-101.1
Purpose.
§ 22-101.2
Regulation.
§ 22-101.3
Maintenance of Systems.
§ 22-101.4
Private Storm Drain Inlet Retrofitting.
§ 22-101.5
Privately-Owned Salt Storage Facilities.
§ 22-101.5.1
Purpose.
§ 22-101.5.2
Definitions.
§ 22-101.5.3
De-Icing Material Storage Requirements.
§ 22-101.5.4
Exemptions.
§ 22-101.5.5
Enforcement.
§ 22-101.5.6
Violations and Penalties.
§ 22-101.5.7
Severability.
§ 22-102
ZONES, ZONING MAP AND SCHEDULE.
§ 22-102.1
Zones.
§ 22-102.2
Zoning Map.
§ 22-102.3
Schedule of Requirements.
§ 22-102.4
Zone District Boundary Lines.
§ 22-103
R-1 AND R-2 RESIDENCE ZONES.
§ 22-103.1
Uses.
§ 22-103.2
Required Conditions R-1 Residence Zone.
§ 22-103.3
Required Conditions R-2 Residence Zone.
§ 22-104
R-3 RESIDENCE ZONE
§ 22-104.1
Uses.
§ 22-104.2
Required Conditions.
§ 22-104.3
Two Family Dwellings.
§ 22-105
R-4 RESIDENCE ZONE.
§ 22-105.1
Uses.
§ 22-105.2
Required Conditions for Townhouses.
§ 22-106
R-5 RESIDENCE ZONE.
§ 22-106.1
Uses.
§ 22-106.2
Required Conditions for Apartment Buildings.
§ 22-106A
H-1 AND H-2 HISTORIC DISTRICT RESIDENCE ZONES.
§ 22-106A.1
Uses in H-1 Historic District Residence Zone.
§ 22-106A.2
Required Conditions - H-1 Historic District Residence Zone.
§ 22-106A.3
Uses in H-2 Historic District Residence Zone.
§ 22-106A.4
Required Conditions - H-2 Historic District Residence Zone.
§ 22-106B
R-6 RESIDENCE ZONE.
§ 22-106B.1
Uses.
§ 22-106B.2
Required Conditions.
§ 22-106C
R-7 RESIDENCE ZONE.
§ 22-106C.1
Uses.
§ 22-106C.2
Required Conditions.
§ 22-106D
R-8 RESIDENCE ZONE.
§ 22-106D.1
Uses.
§ 22-106D.2
Required Conditions.
§ 22-106E
R-9 AGE RESTRICTED COMMUNITY (ARC) RESIDENCE ZONE.
§ 22-106E.1
Uses.
§ 22-106E.2
Requirements for Age Restricted Communities (ARC).
§ 22-106E.3
Requirements for Non-Age Restricted Affordable Housing (AH).
§ 22-106E.4
Property Covered; Amendment to Zoning Map.
§ 22-107
B BUSINESS ZONE.
§ 22-107.1
Uses.
§ 22-107.2
Required Conditions.
§ 22-108
B-1 BUSINESS ZONE.
§ 22-108.1
Uses.
§ 22-108.2
Required Conditions.
§ 22-108.3
Required Conditions for Apartment Buildings and Office Buildings.
§ 22-108.4
Required Conditions for Townhouses.
§ 22-109
B-2 BUSINESS ZONE.
§ 22-109.1
Uses.
§ 22-109.2
Required Conditions.
§ 22-109.3
B-2a Business Zone.
§ 22-110
B-3 BUSINESS ZONE.
§ 22-110.1
Uses.
§ 22-110.2
Required Conditions.
§ 22-111
B-4 BUSINESS ZONE.
§ 22-111.1
Uses.
§ 22-111.2
Required Conditions.
§ 22-112
B-5 BUSINESS ZONE.
§ 22-112.1
Uses.
§ 22-112.2
Required Conditions.
§ 22-113
B-6 BUSINESS ZONE.
§ 22-113.1
Uses.
§ 22-113.2
Required Conditions.
§ 22-113A
O OFFICE OVERLAY ZONE.
§ 22-113A.1
Uses.
§ 22-113A.2
Required Conditions.
§ 22-113A.3
Required Conditions for Mixed-Use Buildings Containing Office and Apartment Uses.
§ 22-113B
AHO AFFORDABLE HOUSING OVERLAY ZONE
§ 22-113B.1
Uses.
§ 22-113B.2
Required Conditions.
§ 22-113B.3
Affordable Housing Requirements.
§ 22-114
FLOODPLAIN MANAGEMENT REGULATIONS.
§ 22-114.1
Statutory Authorization and Findings of Fact.
§ 22-114.2
Scope and Administration.
§ 22-114.3
Applicability.
§ 22-114.4
Duties and Powers of the Floodplain Administrator.
§ 22-114.5
Permits.
§ 22-114.6
Site Plans and Construction Documents.
§ 22-114.7
Inspections.
§ 22-114.8
Variances.
§ 22-114.9
Violations.
§ 22-114.10
Definitions.
§ 22-114.11
Subdivisions and Other Developments.
§ 22-114.12
Site Improvement.
§ 22-114.13
Manufactured Homes.
§ 22-114.14
Recreational Vehicles.
§ 22-114.15
Tanks.
§ 22-114.16
Other Development and Building Work.
§ 22-114.17
Temporary Structures and Temporary Storage.
§ 22-114.18
Utility and Miscellaneous Group U.
§ 22-114.19
Severability.
§ 22-115
GENERAL PROVISIONS.
§ 22-115.1
Provisions of Section Applicable to All Zones.
§ 22-115.2
Effect of Zoning.
§ 22-115.3
Accessory Structures.
§ 22-115.4
Building Permits and Building Plans.
§ 22-115.5
Certificate of Occupancy.
§ 22-115.6
Mixed Use.
§ 22-115.7
Commercial Vehicles in Residential Zones.
§ 22-115.8
Corner Lots.
§ 22-115.9
Dangerous Conditions and Incongruous Buildings.
§ 22-115.10
Disabled, Unregistered or Uninspected Vehicles.
§ 22-115.11
Fire Limits.
§ 22-115.12
Existing Platted Lots.
§ 22-115.13
Garages in Residential Zones.
§ 22-115.14
Height Exceptions.
§ 22-115.15
Lights and Noise.
§ 22-115.16
Limitations.
§ 22-115.17
Motor Vehicle Restrictions.
§ 22-115.18
Obscene Businesses.
§ 22-115.19
Outdoor Storage.
§ 22-115.20
Principal Building.
§ 22-115.21
Number of Buildings.
§ 22-115.22
Projections and Encroachments.
§ 22-115.23
Required Area or Space.
§ 22-115.24
Subdivision or Resubdivision of Lots.
§ 22-115.25
Temporary Permits for Incidental Uses.
§ 22-115.26
Traffic Visibility Across Corner Lots.
§ 22-115.27
Yards.
§ 22-115.28
Buffer Areas in Business Zone.
§ 22-115.29
Tattoo Parlors, Establishments or Businesses.
§ 22-115.30
Outdoor Storage of Waste.
§ 22-115.31
Methadone Maintenance Clinics/Hypodermic Syringes Distribution Facilities.
§ 22-115.32
Lot Frontage.
§ 22-115.33
Commercial Recreational Adult Use Cannabis Operations.
§ 22-116
NONCONFORMING USES.
§ 22-116.1
Continuance of Use.
§ 22-116.2
Completion of Existing Buildings.
§ 22-116.3
Restoration of Existing Buildings.
§ 22-116.4
Unlawful Use Not Authorized.
§ 22-116.5
Nonconforming Due to Reclassification.
§ 22-117
OFF-STREET PARKING AND LOADING.
§ 22-117.1
Off-Street Parking; Accessory Use.
§ 22-117.2
Off-Street Parking Space Requirements.
§ 22-117.3
Off-Street Loading Space Requirements.
§ 22-117.4
Requirements for One and Two-Family Residence Parking.
§ 22-117.5
Requirements for All Other Off-Street Parking and Loading.
§ 22-117.6
Exceptions to Off-Street Parking in the B, B-1 and B-2 Business Zone.
§ 22-117.7
Handicapped Parking.
§ 22-118
CONDITIONAL USES.
§ 22-118.1
Purpose and Scope of Section.
§ 22-118.2
Application for Permit.
§ 22-118.3
Hearing by the Planning Board.
§ 22-118.4
Requirements.
§ 22-119
SIGNS.
§ 22-119.1
General.
§ 22-119.2
General Regulations.
§ 22-119.3
Special Regulations for Certain Type of Signs.
§ 22-119.4
Signs in the G and SC Zone Districts.
§ 22-119.5
Signs in the PO-R Zone District.
§ 22-119.6
Signs in the Business Zone Districts.
§ 22-119.7
Signs in the Designated Historic District.
§ 22-119.8
Penalties/Violations.
§ 22-120
ADMINISTRATION.
§ 22-120.1
Enforcement.
§ 22-120.2
Penalties.
§ 22-121
INVALIDITY, REPEALER, PASSAGE.
§ 22-121.1
Invalidity.
§ 22-121.2
Repealer.
§ 22-121.3
Passage.
§ 22-122
HISTORIC PRESERVATION.
§ 22-122.1
Title, Purpose and Intent.
§ 22-122.2
Definitions.
§ 22-122.3
Historic Preservation Commission.
§ 22-122.3.1
Establishment.
§ 22-122.3.2
Responsibilities.
§ 22-122.3.3
Membership; Appointment.
§ 22-122.3.4
Terms.
§ 22-122.3.5
Role of Alternates.
§ 22-122.3.6
Officers.
§ 22-122.3.7
Budget.
§ 22-122.3.8
Finances.
§ 22-122.3.9
Rules of Commission.
§ 22-122.3.10
Removal of members.
§ 22-122.3.11
Meetings; Quorum.
§ 22-122.4
Designation of Historic Landmarks and Historic Districts.
§ 22-122.4.1
Survey.
§ 22-122.4.2
Criteria for Designation.
§ 22-122.4.3
Procedures for Designation.
§ 22-122.4.4
Historic Landmarks Designated.
§ 22-122.4.5
Historic Districts Designated.
§ 22-122.4.6
Underlying Zoning District Regulations.
§ 22-122.4.7
Notification to New Property Owners.
§ 22-122.5
Certificate of Appropriateness.
§ 22-122.5.1
When Required.
§ 22-122.5.2
When Not Required.
§ 22-122.5.3
Procedures.
§ 22-122.5.4
Conceptual Review and Informational Meetings.
§ 22-122.5.5
Minor Work Application Review.
§ 22-122.5.6
Application Review.
§ 22-122.5.7
Emergency Repair Procedures.
§ 22-122.5.8
Obtaining Certificates of Appropriateness for Government Actions.
§ 22-122.6
Referral of Development Applications Involving Historic Landmarks or Historic Districts.
§ 22-122.7
Application Review: Standards and Criteria.
§ 22-122.8
Demolitions and Relocations.
§ 22-122.8.1
Criteria.
§ 22-122.8.2
Procedure.
§ 22-122.9
Violations: Penalties and Injunctive Relief.
§ 22-122.9.1
Violations.
§ 22-122.9.2
Penalties.
§ 22-122.9.3
Injunctive Relief.
§ 22-122.10
Preventive Maintenance; Notice of Violations.
§ 22-122.11
Severability; Repealer; Notice; When Effective.
§ 22-123
WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS.
§ 22-123.1
Definitions.
§ 22-123.2
Applicability.
§ 22-123.3
General Requirements.
§ 22-123.4
Permitted Uses.
§ 22-123.5
Regulations Applicable to All New Towers.
§ 22-123.6
Buildings or Other Equipment Storage.
§ 22-123.7
Removal of Abandoned or Outdated Antennas and Towers.
§ 22-123.8
Existing Towers; Rebuilding of Destroyed or Nonconforming Towers or Antennas.
§ 22-124
through § 22-130. (RESERVED)
Ch 22 Art IX
AFFORDABLE HOUSING
§ 22-131
AFFORDABLE HOUSING REGULATIONS.
§ 22-131.1
Purpose and Applicability.
§ 22-131.2
Intent.
§ 22-131.3
Reporting Requirements.
§ 22-131.4
Definitions.
§ 22-131.5
Inclusionary Zoning Requirements.
§ 22-131.6
New Construction.
§ 22-131.7
Utilities.
§ 22-131.8
Occupancy Standards.
§ 22-131.9
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
§ 22-131.10
Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices.
§ 22-131.11
Buyer Income Eligibility.
§ 22-131.12
Limitations on Indebtedness Secured by Ownership Unit; Subordination.
§ 22-131.13
Capital Improvements to Ownership Units.
§ 22-131.14
Control Periods for Restricted Rental Units.
§ 22-131.15
Rent Restrictions for Rental Units; Leases.
§ 22-131.16
Tenant Income Eligibility.
§ 22-131.17
Municipal Housing Liaison.
§ 22-131.18
Administrative Agent.
§ 22-131.19
Affirmative Marketing Requirements.
§ 22-131.20
Enforcement of Affordable Housing Regulations.
§ 22-131.21
Appeals.
§ 22-132
DEVELOPMENT FEES.
§ 22-132.1
Purpose.
§ 22-132.2
Basic Requirements.
§ 22-132.3
Definitions.
§ 22-132.4
Residential Development Fees.
§ 22-132.5
Nonresidential Development Fees.
§ 22-132.6
Collection of Fees.
§ 22-132.7
Affordable Housing Trust Fund.
§ 22-132.8
Use of Funds.
§ 22-132.9
Monitoring.
§ 22-132.10
Ongoing Collection of Fees.
Ch 22 Art X
AFFORDABLE HOUSING OBLIGATION
§ 22-133
INCLUSIONARY HOUSING REQUIREMENTS FOR REZONING AND VARIANCES.
§ 22-134
through § 22-135. (RESERVED)
Ch 22 Art XI
HOME BASED BUSINESS
§ 22-136
HOME OFFICES.
Ch 22 Art XII
WELL HEAD PROTECTION
§ 22-137
WELL HEAD PROTECTION AREAS.
§ 22-137.1
Statement of Findings.
§ 22-137.2
Purpose.
§ 22-137.3
Statutory Authority.
§ 22-137.4
Definitions.
§ 22-137.5
Establishment of Well Head Protection Areas and Maps.
§ 22-137.6
Regulation of Well Head Protection Areas for Public Community Wells.
§ 22-137.7
Potential Pollutant Sources Listed.
§ 22-137.8
Best Management Practice Performance Standard.
§ 22-137.9
Operations and Contingency Plan.
§ 22-137.10
Enforcement.
Ch 22 Art XIII
ARCHITECTURAL DESIGN STANDARDS
§ 22-138
ARCHITECTURAL DESIGN STANDARDS.
§ 22-138.1
Applicability.
§ 22-138.2
Design Standards.
§ 22-138.3
Additional Standards for Somerset Street Downtown Development.
Ch 23
Tax Exemptions
Ch 24
Hotel and Motel Room Occupancy Tax
Ch 25
Fences
Ch 26
Health Regulations
Disposition List
Ch DL
Disposition List
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Chapter 22
Land Development
ATTACHMENTS
Attachment 1 - Wellhead Protection Areas
Attachment 2 - Schedule of Requirements
Article I
GENERAL PROVISIONS
chevron_right
§ 22-1
SHORT TITLE.
chevron_right
§ 22-2
PURPOSES.
chevron_right
§ 22-3
DEFINITIONS.
chevron_right
§ 22-4
ADMINISTRATIVE PROCEDURES.
chevron_right
§ 22-5
MEETINGS; QUORUMS.
chevron_right
§ 22-6
PUBLIC MEETINGS AND MINUTES.
chevron_right
§ 22-7
HEARINGS.
chevron_right
§ 22-8
CONTENTS OF NOTICE OF HEARING ON APPLICATION FOR DEVELOPMENT OR ADOPTION OF MASTER PLAN.
chevron_right
§ 22-9
NOTICE OF APPLICATIONS.
chevron_right
§ 22-10
NOTICE CONCERNING MASTER PLAN.
chevron_right
§ 22-11
EFFECT OF MAILING NOTICE.
chevron_right
§ 22-12
NOTICE OF HEARING ON ORDINANCE OR CAPITAL IMPROVEMENT PROGRAM; NOTICE OF ACTION ON CAPITAL IMPROVEMENT OR OFFICIAL MAP.
chevron_right
§ 22-13
FILING OF DEVELOPMENT REGULATIONS.
chevron_right
§ 22-14
APPEAL TO THE BOROUGH COUNCIL; TIME; NOTICE; MODIFICATION; STAY OF PROCEEDINGS.
chevron_right
§ 22-15
ENFORCEMENT.
chevron_right
§ 22-16
CONDITIONAL APPROVALS.
chevron_right
§ 22-17
FEES.
chevron_right
§ 22-18
CONSTRUCTION OF CHAPTER.
chevron_right
§ 22-19
SATELLITE DISHES.
chevron_right
§ 22-20
through § 22-26. (RESERVED)
chevron_right
Article II
PLANNING BOARD
chevron_right
§ 22-27
PLANNING BOARD.
chevron_right
§ 22-27.1
Establishment.
chevron_right
§ 22-27.2
Membership.
chevron_right
§ 22-27.3
Terms of Office; Removal.
chevron_right
§ 22-27.4
Organization of the Planning Board.
chevron_right
§ 22-27.5
Powers of the Planning Board.
chevron_right
§ 22-27.6
Ancillary Powers.
chevron_right
§ 22-27.7
Referral Powers.
chevron_right
§ 22-27.8
Citizens' Advisory Committee; Environmental Commission.
chevron_right
§ 22-28
through § 22-33. (RESERVED)
chevron_right
Article III
MASTER PLAN
chevron_right
§ 22-34
PREPARATION; CONTENTS, MODIFICATION.
chevron_right
§ 22-35
PERIODIC EXAMINATION.
chevron_right
§ 22-36
through § 22-39. (RESERVED)
chevron_right
Article IV
CAPITAL IMPROVEMENTS PROGRAM AND PROJECT REVIEW
chevron_right
§ 22-40
PREPARATION OF CAPITAL IMPROVEMENTS.
chevron_right
§ 22-41
ADOPTION OF CAPITAL IMPROVEMENT PROGRAM.
chevron_right
§ 22-42
REVIEW OF CAPITAL PROJECTS.
chevron_right
§ 22-43
through § 22-46. (RESERVED)
chevron_right
Article V
OFFICIAL MAP
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§ 22-47
ESTABLISHMENT OF AN OFFICIAL MAP.
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§ 22-48
ISSUANCE OF PERMITS FOR BUILDINGS OR STRUCTURE.
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§ 22-49
BUILDING LOT TO ABUT STREET.
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§ 22-50
APPEALS.
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§ 22-51
through § 22-54. (RESERVED)
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Article VI
SUBDIVISION AND SITE PLAN REVIEW AND APPROVAL
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§ 22-55
GRANT OF POWER; COUNTY PLANNING BOARD APPROVAL.
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§ 22-56
SUBMITTAL PROCEDURE.
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§ 22-57
RESERVATION OF PUBLIC AREAS.
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§ 22-58
OFF-TRACT IMPROVEMENTS.
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§ 22-59
FINDINGS FOR PLANNED DEVELOPMENTS.
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§ 22-60
STANDARDS FOR THE ESTABLISHMENT OF OPEN SPACE ORGANIZATIONS.
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§ 22-61
TIME FOR DECISION.
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§ 22-62
PUBLIC HEARINGS.
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§ 22-63
RIGHTS UNDER PRELIMINARY APPROVAL.
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§ 22-64
FINAL APPROVAL OF SITE PLANS AND MAJOR SUBDIVISIONS.
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§ 22-65
EXCEPTION TO APPLICATION OF SUBDIVISION OR SITE PLAN REGULATIONS; SIMULTANEOUS REVIEW AND APPROVAL.
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§ 22-66
EFFECT OF FINAL APPROVAL.
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§ 22-67
GUARANTEES REQUIRED.
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§ 22-68
MINOR SUBDIVISION.
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§ 22-69
FILING OF SUBDIVISION PLATS.
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§ 22-70
SELLING BEFORE APPROVAL.
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§ 22-71
CERTIFICATES SHOWING APPROVAL.
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§ 22-72
ENVIRONMENTAL IMPACT STATEMENT.
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§ 22-72.1
Requirements and Applicability.
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§ 22-72.2
Definition.
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§ 22-72.3
Contents of Statement.
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§ 22-72.4
Submission and Review.
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§ 22-72.5
Waiver.
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§ 22-72.6
Appeals.
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§ 22-73
COMMUNITY IMPACT STATEMENT.
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§ 22-73.1
General.
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§ 22-73.2
Contents of Community Impact Statement.
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§ 22-73.3
Preparation of CIS.
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§ 22-73.4
Waiver.
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§ 22-74
PAYMENT OF TAXES AND ASSESSMENTS.
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§ 22-75
through § 22-77. (RESERVED)
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Article VII
SITE PLAN AND SUBDIVISION STANDARDS
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§ 22-78
DESIGN STANDARDS.
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§ 22-79
STANDARD REQUIRED IMPROVEMENTS.
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§ 22-80
CONSTRUCTION REQUIREMENTS.
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§ 22-81
DESIGN STANDARDS FOR SUBDIVISION PLATS.
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§ 22-82
RECYCLING AND SOLID WASTE REQUIREMENTS FOR NEW DEVELOPMENTS OF MULTIFAMILY RESIDENTIAL UNITS OR COMMERCIAL, INSTITUTIONAL, GOVERNMENT OR INDUSTRIAL PROPERTIES.
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§ 22-82.1
Definitions.
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§ 22-82.2
Recycling Plan to be Included in Applications to Planning Board and/or Zoning Board of Adjustment.
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§ 22-82.3
Protection of Recycling Area.
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§ 22-82.4
Hauling Contract Required for Certificate of Occupancy.
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§ 22-82.5
Design of Containers.
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§ 22-82.6
Signs.
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§ 22-82.7
Screening.
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§ 22-82.8
Provision for Solid Waste Storage and Pickup Required.
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§ 22-83
through § 22-88. (RESERVED)
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Article VIII
ZONING BOARD OF ADJUSTMENT
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§ 22-89
ZONING BOARD OF ADJUSTMENT.
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§ 22-89.1
Establishment, Member, and Organization.
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§ 22-89.2
Powers.
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§ 22-89.3
Employees.
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§ 22-89.4
Appeals and Applications.
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§ 22-89.5
Time for Decision.
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§ 22-89.6
Modification on Appeal.
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§ 22-89.7
Stay of Proceedings; Exception.
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§ 22-89.8
Other Powers of the Board of Adjustment.
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§ 22-89.9
Member Absence at Meetings.
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§ 22-90
through § 22-99. (RESERVED)
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§ 22-100
INTERPRETATION AND SCOPE.
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§ 22-100.1
Interpretation.
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§ 22-100.2
Scope.
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§ 22-101
WATER RUN-OFF CONTROL.
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§ 22-101.1
Purpose.
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§ 22-101.2
Regulation.
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§ 22-101.3
Maintenance of Systems.
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§ 22-101.4
Private Storm Drain Inlet Retrofitting.
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§ 22-101.5
Privately-Owned Salt Storage Facilities.
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§ 22-101.5.1
Purpose.
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§ 22-101.5.2
Definitions.
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§ 22-101.5.3
De-Icing Material Storage Requirements.
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§ 22-101.5.4
Exemptions.
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§ 22-101.5.5
Enforcement.
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§ 22-101.5.6
Violations and Penalties.
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§ 22-101.5.7
Severability.
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§ 22-102
ZONES, ZONING MAP AND SCHEDULE.
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§ 22-102.1
Zones.
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§ 22-102.2
Zoning Map.
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§ 22-102.3
Schedule of Requirements.
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§ 22-102.4
Zone District Boundary Lines.
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§ 22-103
R-1 AND R-2 RESIDENCE ZONES.
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§ 22-103.1
Uses.
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§ 22-103.2
Required Conditions R-1 Residence Zone.
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§ 22-103.3
Required Conditions R-2 Residence Zone.
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§ 22-104
R-3 RESIDENCE ZONE
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§ 22-104.1
Uses.
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§ 22-104.2
Required Conditions.
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§ 22-104.3
Two Family Dwellings.
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§ 22-105
R-4 RESIDENCE ZONE.
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§ 22-105.1
Uses.
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§ 22-105.2
Required Conditions for Townhouses.
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§ 22-106
R-5 RESIDENCE ZONE.
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§ 22-106.1
Uses.
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§ 22-106.2
Required Conditions for Apartment Buildings.
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§ 22-106A
H-1 AND H-2 HISTORIC DISTRICT RESIDENCE ZONES.
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§ 22-106A.1
Uses in H-1 Historic District Residence Zone.
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§ 22-106A.2
Required Conditions - H-1 Historic District Residence Zone.
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§ 22-106A.3
Uses in H-2 Historic District Residence Zone.
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§ 22-106A.4
Required Conditions - H-2 Historic District Residence Zone.
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§ 22-106B
R-6 RESIDENCE ZONE.
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§ 22-106B.1
Uses.
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§ 22-106B.2
Required Conditions.
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§ 22-106C
R-7 RESIDENCE ZONE.
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§ 22-106C.1
Uses.
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§ 22-106C.2
Required Conditions.
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§ 22-106D
R-8 RESIDENCE ZONE.
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§ 22-106D.1
Uses.
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§ 22-106D.2
Required Conditions.
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§ 22-106E
R-9 AGE RESTRICTED COMMUNITY (ARC) RESIDENCE ZONE.
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§ 22-106E.1
Uses.
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§ 22-106E.2
Requirements for Age Restricted Communities (ARC).
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§ 22-106E.3
Requirements for Non-Age Restricted Affordable Housing (AH).
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§ 22-106E.4
Property Covered; Amendment to Zoning Map.
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§ 22-107
B BUSINESS ZONE.
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§ 22-107.1
Uses.
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§ 22-107.2
Required Conditions.
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§ 22-108
B-1 BUSINESS ZONE.
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§ 22-108.1
Uses.
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§ 22-108.2
Required Conditions.
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§ 22-108.3
Required Conditions for Apartment Buildings and Office Buildings.
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§ 22-108.4
Required Conditions for Townhouses.
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§ 22-109
B-2 BUSINESS ZONE.
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§ 22-109.1
Uses.
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§ 22-109.2
Required Conditions.
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§ 22-109.3
B-2a Business Zone.
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§ 22-110
B-3 BUSINESS ZONE.
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§ 22-110.1
Uses.
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§ 22-110.2
Required Conditions.
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§ 22-111
B-4 BUSINESS ZONE.
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§ 22-111.1
Uses.
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§ 22-111.2
Required Conditions.
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§ 22-112
B-5 BUSINESS ZONE.
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§ 22-112.1
Uses.
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§ 22-112.2
Required Conditions.
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§ 22-113
B-6 BUSINESS ZONE.
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§ 22-113.1
Uses.
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§ 22-113.2
Required Conditions.
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§ 22-113A
O OFFICE OVERLAY ZONE.
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§ 22-113A.1
Uses.
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§ 22-113A.2
Required Conditions.
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§ 22-113A.3
Required Conditions for Mixed-Use Buildings Containing Office and Apartment Uses.
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§ 22-113B
AHO AFFORDABLE HOUSING OVERLAY ZONE
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§ 22-113B.1
Uses.
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§ 22-113B.2
Required Conditions.
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§ 22-113B.3
Affordable Housing Requirements.
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§ 22-114
FLOODPLAIN MANAGEMENT REGULATIONS.
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§ 22-114.1
Statutory Authorization and Findings of Fact.
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§ 22-114.2
Scope and Administration.
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§ 22-114.3
Applicability.
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§ 22-114.4
Duties and Powers of the Floodplain Administrator.
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§ 22-114.5
Permits.
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§ 22-114.6
Site Plans and Construction Documents.
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§ 22-114.7
Inspections.
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§ 22-114.8
Variances.
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§ 22-114.9
Violations.
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§ 22-114.10
Definitions.
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§ 22-114.11
Subdivisions and Other Developments.
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§ 22-114.12
Site Improvement.
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§ 22-114.13
Manufactured Homes.
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§ 22-114.14
Recreational Vehicles.
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§ 22-114.15
Tanks.
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§ 22-114.16
Other Development and Building Work.
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§ 22-114.17
Temporary Structures and Temporary Storage.
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§ 22-114.18
Utility and Miscellaneous Group U.
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§ 22-114.19
Severability.
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§ 22-115
GENERAL PROVISIONS.
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§ 22-115.1
Provisions of Section Applicable to All Zones.
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§ 22-115.2
Effect of Zoning.
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§ 22-115.3
Accessory Structures.
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§ 22-115.4
Building Permits and Building Plans.
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§ 22-115.5
Certificate of Occupancy.
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§ 22-115.6
Mixed Use.
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§ 22-115.7
Commercial Vehicles in Residential Zones.
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§ 22-115.8
Corner Lots.
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§ 22-115.9
Dangerous Conditions and Incongruous Buildings.
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§ 22-115.10
Disabled, Unregistered or Uninspected Vehicles.
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§ 22-115.11
Fire Limits.
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§ 22-115.12
Existing Platted Lots.
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§ 22-115.13
Garages in Residential Zones.
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§ 22-115.14
Height Exceptions.
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§ 22-115.15
Lights and Noise.
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§ 22-115.16
Limitations.
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§ 22-115.17
Motor Vehicle Restrictions.
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§ 22-115.18
Obscene Businesses.
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§ 22-115.19
Outdoor Storage.
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§ 22-115.20
Principal Building.
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§ 22-115.21
Number of Buildings.
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§ 22-115.22
Projections and Encroachments.
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§ 22-115.23
Required Area or Space.
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§ 22-115.24
Subdivision or Resubdivision of Lots.
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§ 22-115.25
Temporary Permits for Incidental Uses.
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§ 22-115.26
Traffic Visibility Across Corner Lots.
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§ 22-115.27
Yards.
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§ 22-115.28
Buffer Areas in Business Zone.
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§ 22-115.29
Tattoo Parlors, Establishments or Businesses.
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§ 22-115.30
Outdoor Storage of Waste.
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§ 22-115.31
Methadone Maintenance Clinics/Hypodermic Syringes Distribution Facilities.
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§ 22-115.32
Lot Frontage.
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§ 22-115.33
Commercial Recreational Adult Use Cannabis Operations.
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§ 22-116
NONCONFORMING USES.
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§ 22-116.1
Continuance of Use.
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§ 22-116.2
Completion of Existing Buildings.
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§ 22-116.3
Restoration of Existing Buildings.
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§ 22-116.4
Unlawful Use Not Authorized.
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§ 22-116.5
Nonconforming Due to Reclassification.
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§ 22-117
OFF-STREET PARKING AND LOADING.
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§ 22-117.1
Off-Street Parking; Accessory Use.
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§ 22-117.2
Off-Street Parking Space Requirements.
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§ 22-117.3
Off-Street Loading Space Requirements.
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§ 22-117.4
Requirements for One and Two-Family Residence Parking.
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§ 22-117.5
Requirements for All Other Off-Street Parking and Loading.
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§ 22-117.6
Exceptions to Off-Street Parking in the B, B-1 and B-2 Business Zone.
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§ 22-117.7
Handicapped Parking.
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§ 22-118
CONDITIONAL USES.
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§ 22-118.1
Purpose and Scope of Section.
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§ 22-118.2
Application for Permit.
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§ 22-118.3
Hearing by the Planning Board.
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§ 22-118.4
Requirements.
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§ 22-119
SIGNS.
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§ 22-119.1
General.
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§ 22-119.2
General Regulations.
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§ 22-119.3
Special Regulations for Certain Type of Signs.
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§ 22-119.4
Signs in the G and SC Zone Districts.
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§ 22-119.5
Signs in the PO-R Zone District.
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§ 22-119.6
Signs in the Business Zone Districts.
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§ 22-119.7
Signs in the Designated Historic District.
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§ 22-119.8
Penalties/Violations.
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§ 22-120
ADMINISTRATION.
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§ 22-120.1
Enforcement.
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§ 22-120.2
Penalties.
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§ 22-121
INVALIDITY, REPEALER, PASSAGE.
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§ 22-121.1
Invalidity.
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§ 22-121.2
Repealer.
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§ 22-121.3
Passage.
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§ 22-122
HISTORIC PRESERVATION.
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§ 22-122.1
Title, Purpose and Intent.
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§ 22-122.2
Definitions.
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§ 22-122.3
Historic Preservation Commission.
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§ 22-122.3.1
Establishment.
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§ 22-122.3.2
Responsibilities.
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§ 22-122.3.3
Membership; Appointment.
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§ 22-122.3.4
Terms.
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§ 22-122.3.5
Role of Alternates.
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§ 22-122.3.6
Officers.
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§ 22-122.3.7
Budget.
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§ 22-122.3.8
Finances.
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§ 22-122.3.9
Rules of Commission.
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§ 22-122.3.10
Removal of members.
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§ 22-122.3.11
Meetings; Quorum.
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§ 22-122.4
Designation of Historic Landmarks and Historic Districts.
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§ 22-122.4.1
Survey.
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§ 22-122.4.2
Criteria for Designation.
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§ 22-122.4.3
Procedures for Designation.
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§ 22-122.4.4
Historic Landmarks Designated.
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§ 22-122.4.5
Historic Districts Designated.
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§ 22-122.4.6
Underlying Zoning District Regulations.
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§ 22-122.4.7
Notification to New Property Owners.
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§ 22-122.5
Certificate of Appropriateness.
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§ 22-122.5.1
When Required.
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§ 22-122.5.2
When Not Required.
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§ 22-122.5.3
Procedures.
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§ 22-122.5.4
Conceptual Review and Informational Meetings.
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§ 22-122.5.5
Minor Work Application Review.
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§ 22-122.5.6
Application Review.
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§ 22-122.5.7
Emergency Repair Procedures.
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§ 22-122.5.8
Obtaining Certificates of Appropriateness for Government Actions.
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§ 22-122.6
Referral of Development Applications Involving Historic Landmarks or Historic Districts.
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§ 22-122.7
Application Review: Standards and Criteria.
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§ 22-122.8
Demolitions and Relocations.
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§ 22-122.8.1
Criteria.
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§ 22-122.8.2
Procedure.
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§ 22-122.9
Violations: Penalties and Injunctive Relief.
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§ 22-122.9.1
Violations.
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§ 22-122.9.2
Penalties.
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§ 22-122.9.3
Injunctive Relief.
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§ 22-122.10
Preventive Maintenance; Notice of Violations.
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§ 22-122.11
Severability; Repealer; Notice; When Effective.
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§ 22-123
WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS.
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§ 22-123.1
Definitions.
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§ 22-123.2
Applicability.
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§ 22-123.3
General Requirements.
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§ 22-123.4
Permitted Uses.
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§ 22-123.5
Regulations Applicable to All New Towers.
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§ 22-123.6
Buildings or Other Equipment Storage.
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§ 22-123.7
Removal of Abandoned or Outdated Antennas and Towers.
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§ 22-123.8
Existing Towers; Rebuilding of Destroyed or Nonconforming Towers or Antennas.
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§ 22-124
through § 22-130. (RESERVED)
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Article IX
AFFORDABLE HOUSING
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§ 22-131
AFFORDABLE HOUSING REGULATIONS.
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§ 22-131.1
Purpose and Applicability.
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§ 22-131.2
Intent.
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§ 22-131.3
Reporting Requirements.
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§ 22-131.4
Definitions.
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§ 22-131.5
Inclusionary Zoning Requirements.
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§ 22-131.6
New Construction.
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§ 22-131.7
Utilities.
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§ 22-131.8
Occupancy Standards.
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§ 22-131.9
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
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§ 22-131.10
Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices.
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§ 22-131.11
Buyer Income Eligibility.
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§ 22-131.12
Limitations on Indebtedness Secured by Ownership Unit; Subordination.
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§ 22-131.13
Capital Improvements to Ownership Units.
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§ 22-131.14
Control Periods for Restricted Rental Units.
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§ 22-131.15
Rent Restrictions for Rental Units; Leases.
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§ 22-131.16
Tenant Income Eligibility.
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§ 22-131.17
Municipal Housing Liaison.
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§ 22-131.18
Administrative Agent.
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§ 22-131.19
Affirmative Marketing Requirements.
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§ 22-131.20
Enforcement of Affordable Housing Regulations.
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§ 22-131.21
Appeals.
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§ 22-132
DEVELOPMENT FEES.
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§ 22-132.1
Purpose.
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§ 22-132.2
Basic Requirements.
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§ 22-132.3
Definitions.
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§ 22-132.4
Residential Development Fees.
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§ 22-132.5
Nonresidential Development Fees.
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§ 22-132.6
Collection of Fees.
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§ 22-132.7
Affordable Housing Trust Fund.
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§ 22-132.8
Use of Funds.
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§ 22-132.9
Monitoring.
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§ 22-132.10
Ongoing Collection of Fees.
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Article X
AFFORDABLE HOUSING OBLIGATION
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§ 22-133
INCLUSIONARY HOUSING REQUIREMENTS FOR REZONING AND VARIANCES.
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§ 22-134
through § 22-135. (RESERVED)
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Article XI
HOME BASED BUSINESS
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§ 22-136
HOME OFFICES.
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Article XII
WELL HEAD PROTECTION
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§ 22-137
WELL HEAD PROTECTION AREAS.
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§ 22-137.1
Statement of Findings.
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§ 22-137.2
Purpose.
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§ 22-137.3
Statutory Authority.
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§ 22-137.4
Definitions.
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§ 22-137.5
Establishment of Well Head Protection Areas and Maps.
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§ 22-137.6
Regulation of Well Head Protection Areas for Public Community Wells.
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§ 22-137.7
Potential Pollutant Sources Listed.
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§ 22-137.8
Best Management Practice Performance Standard.
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§ 22-137.9
Operations and Contingency Plan.
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§ 22-137.10
Enforcement.
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Article XIII
ARCHITECTURAL DESIGN STANDARDS
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§ 22-138
ARCHITECTURAL DESIGN STANDARDS.
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§ 22-138.1
Applicability.
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§ 22-138.2
Design Standards.
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§ 22-138.3
Additional Standards for Somerset Street Downtown Development.
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