[1975 Code § 77-1; Ord. No. 103-78; Ord. No. 05-81]
As used in this chapter, the following terms shall have the
meanings indicated:
- ADMINISTRATIVE OFFICER
- Shall mean the Borough Clerk of the Borough of Allentown unless the use of the term in this chapter clearly means some other officer or officers of the Borough. In the absence or disability of the Borough Clerk the term shall mean the Secretary of the Planning Board.
- ALLEY
- Shall mean a public passageway for foot or vehicular traffic, but not of a through nature and as distinguished from a street, intended for access to property(ies) contiguous to it for such purposes as parking, deliveries, emergency vehicles access or household waste collection.
- APPLICATION FOR DEVELOPMENT
- Shall mean the application form, maps and other documents required by this chapter and other applicable zoning and planning ordinances of the Borough of Allentown, including any fees required therein for consideration and approval of a subdivision plat, site plan, cluster development, conditional use, zoning variance, or direction of issuance of a permit, or any combination of the above.
- CONDITIONAL USE
- Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning regulations, and upon the issuance of an authorization therefore by the appropriate municipal agency, previously known as a special use.
- DEVELOPER
- Shall mean the legal or beneficial owner or owners of a lot or any land proposed for development by an applicant filing an application for development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
- DEVELOPMENT
- Shall mean the division of a parcel of land into two or more parcels or lots, the proposed or actual construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, and any use or change in the use of any building or other structure, or land or extension of use of land, including alteration to a site, for which permission is required pursuant to this chapter or any other ordinance of the Borough.
- LOT
- Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. For the limited purpose of the section of this chapter for planned retirement communities, clustered developments or other multi-family development the term lot shall be defined as dwelling unit.
- MAINTENANCE GUARANTEE
- Shall mean any security in form and substance similar to a performance guarantee, exclusive of cash deposits, guaranteeing the maintenance of required installed improvements for a period of not more than two years after approval and acceptance by the Borough of Allentown in accordance with this chapter.
- MAJOR SUBDIVISION
- Shall mean as defined in Chapter 30, Land Subdivision of the Code of the Borough of Allentown.
- MASTER PLAN
- Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in Chapter 291, Laws of New Jersey, 1975.
- MINOR SUBDIVISION
- Shall mean any subdivision resulting in a total of not more than three lots (two new lots in addition to the remainder) fronting on an existing street, and not involving any new street or road or the extension of off-tract municipal facilities; and not adversely affecting the development of the remainder of the parcel or adjoining property, nor in conflict with any provision or part of the master plan, official zoning map, zoning ordinance or this chapter. In addition thereto, all "cluster developments" as defined by Chapter 291 of P.L. 1975 of New Jersey where subdivision or re-subdivision approval is required shall be major subdivisions.
- MUNICIPAL AGENCY
- Shall mean the Municipal Planning and Zoning Board of Adjustment.
- OFFICIAL MAP
- Shall mean a map adopted by ordinance pursuant to Chapter 291, Laws of New Jersey, 1975, or any other prior act authorizing such adoption.
- OFF-SITE, OFF-TRACT, ON-SITE, ON-TRACT
- Shall mean as defined in Chapter 29 of the Code of the Borough of Allentown.
- PERFORMANCE GUARANTEE
- Shall mean any security, which may be accepted by a municipality, including cash; provided that a municipality shall not require more than 10% of the total performance guarantee in cash.
- PLAT
- Shall mean a map or maps of a subdivision or site plan.
- RESUBDIVISION
- Shall mean the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets, or establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances or existing contiguous lots by deed or other instrument to combine them into one lot under a common ownership so long as only one use exists on the combined lot.
- STREET
- Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way which is an existing State, County or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by law, or which is shown on a plat duly filed or recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
- SUBDIVISION
- Shall mean 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 act if no new streets or the extension of municipal improvements are involved:
- a. Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be solely for agricultural purposes where all resulting parcels are five acres or larger in size.
- b. Divisions of property by testamentary or intestacy provisions.
- c. Divisions of property upon court order, including but not limited to judgments of foreclosure.
- d. Conveyances so as to combine existing contiguous lots by deed or other recorded instrument into common ownership.
- e. The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and certified by the administrative officer of the municipality to conform to the requirements of all municipal development regulations, that are shown and designated as separate lots, tracts or parcels on the Official Tax Map of the Borough.
[1975 Code § 77-2A; Ord. No. 103-78; Ord. No. 010-86]
There shall be a Planning Board comprised of nine members and
such alternates as permitted by law, appointed in accordance with
the provisions of N.J.S.A. 40:55D-23. The Planning Board shall be
organized in accordance with the provisions of N.J.S.A. 40:55D-24
and shall annually elect a Chairman and Vice Chairman, select a Secretary
who may or may not be a member of the Board, employ the services of
a legal counsel and, as deemed required by the Board, employ or contract
for the services of an engineer, planning consultant and other experts
and staff. The Board may hire a shorthand reporter when it deems it
necessary to make a transcript of proceedings before the Board and
may hire such other experts on specific applications as it may deem
necessary to accomplish the Board's duties and responsibilities
in the implementation of this chapter. On those specific appeals or
applications where the Board deems it necessary to hire special outside
consultants or experts to review, recommend to or advise the Board
on specific items related to the appeal or application, the Board
shall be empowered to hire the experts and consultants, after a resolution
is adopted by the Board at a public meeting, at the sole cost and
expense of the appellant or applicant in accordance with the provisions
of subsection 27-4.9a of this chapter.
[1975 Code § 77-2B; Ord. No. 103-78]
No member of the Planning Board shall be permitted to act on
any matter in which he has, either directly or indirectly, any personal
or financial interest. Any member other than a Class I member, as
defined in P.L. 1975, c. 291, may, after a public hearing if he requests
one, be removed by the Governing Body for cause.
[1975 Code § 77-2C; Ord. No. 103-78; Ord. No. 05-81]
The Planning Board shall have all of the powers and duties prescribed
by law to Planning Boards pursuant to N.J.S.A. 40:55D-25 and 40:55D-26,
as provided for and delineated hereinafter, provided that none of
the following provisions shall be deemed to limit any power of the
Board that is conferred by law:
a.
To prepare, make, adopt or amend a Master Plan in accordance with
the provisions of N.J.S.A. 40:55D-28 and thereafter review capital
projects in accordance with the provisions of N.J.S.A. 40:55D-31.
b.
Prepare and recommend at the request of the Borough Council a capital
improvements program and amendments and revisions thereof, in accordance
with the provisions of N.J.S.A. 40:55D-29.
c.
Prepare, recommend and refer to the Borough Council the Official
Map for adoption in accordance with the provisions of N.J.S.A. 40:55D-26,
40:55D-32 and 40:55D-33.
d.
To hear and decide applications for conditional use permits and review
conditional use applications directly or where referred to the Planning
Board by the Board of Adjustment when the Board of Adjustment has
original jurisdiction pursuant to this chapter.
e.
To hear and decide applications for site plan approval and review
site plan applications directly or where referred to the Planning
Board by the Board of Adjustment when the Board of Adjustment has
original jurisdiction pursuant to this chapter.
f.
To hear and decide applications for major and minor subdivision approvals
in accordance with this chapter and the amended subdivision regulations.
g.
While reviewing applications made to the Planning Board for approval of subdivision plats, site plans or applications for conditional use permits, to grant variances to applicants under the same terms and conditions as empowered to the Board of Adjustment by subsection 28-3.3c of this amended chapter and to grant permits in lieu of the Board of Adjustment as stated in N.J.S.A. 40:55D-76a(1) and 40:55D-76a(2) in accordance with the requirement of N.J.S.A. 40:55D-34, 40:55D-35 and 40:55D-36.
h.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations related to land use
or other powers granted to the Planning Board by this chapter.
i.
To assemble data on a continuing basis as part of a continuous planning
process.
j.
To consider and make reports to the Governing Body within 35 days
after referral, as to any proposed new or change in a development
regulation, revision or amendment.
k.
To consider, review and make reports and recommendations to other
municipal bodies, agencies or officers having final authority thereon
on matters authorized by this chapter or any other ordinance of the
Borough of Allentown to be referred for such purposes. Whenever the
Planning Board shall have made a report and recommendation regarding
a matter authorized by this chapter to another municipal body, such
recommendations may be rejected only by a vote of the majority of
the full authorized membership of such other body.
l.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Governing Body for the aid and assistance of
the Governing Body or other municipal agencies or officers.
[1975 Code § 77-3A; Ord. No. 103-78; Ord. No. 05-81; Ord. No. 010-86]
The Borough of Allentown hereby creates a nine member Planning
Board, which Planning Board shall have the right to exercise, to the
same extent and subject to the same restrictions, all the powers of
a Zoning Board of Adjustment.
[1975 Code § 77-3B; Ord. No. 103-78; Ord. No. 010-86]
The Class I and Class III members of the Planning Board shall
not participate in the consideration of applications for development
which involve relief pursuant to N.J.S.A. 40:55D-70.
[1975 Code § 77-3C; Ord. No. 103-78; Ord. No. 05-81]
The Zoning Board of Adjustment shall have all the powers and
duties prescribed by law to Zoning Boards of Adjustment pursuant to
N.J.S.A. 40:55D-70 and 40:55D-76 as provided for and delineated hereinafter,
provided that none of the following provisions shall be deemed to
limit any power of the Board that is conferred by law:
a.
To hear and decide appeals where it is alleged by the appellant that
there is an error in any order, requirement, decision or refusal made
by an administrative officer based on or made in the enforcement of
the zoning regulations.
b.
To hear and decide, in accordance with the provisions of any such
ordinance, requests for the interpretation of the Zoning Map or zoning
regulations or for decisions upon other special questions upon which
such Board is authorized to act on to effectuate the purpose of this
chapter, related ordinances and the enabling Statutes.
c.
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property or by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation of the zoning regulations would result in peculiar
and undue hardship upon the developer of such property, to grant,
upon an application or an appeal relating to such property, a variance
from such strict application of such regulation so as to relieve such
difficulties or hardship, including a variance from the requirement
to obtain conditional use approval; provided, however, that no variance
shall be granted under this subsection to allow a structure or use
in a district restricted against such structure or use, and provided
further that the proposed development does not require approval by
the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board shall review the request
for a variance in accordance with the applicable provisions of this
chapter.
d.
In particular cases and for special reasons, to grant a variance
to allow departure from regulations pursuant to the zoning regulations,
including but not limited to allowing a structure or use in a district
restricted against such structure or use, but only by an affirmative
vote of at least five members of the Board. No variance or other relief
may be granted under the terms of this section unless such variance
or other relief can be granted without substantial detriment to the
public good and will not substantially impair the intent and purpose
of the Zone Plan and zoning regulations.
e.
To direct the issuance of a permit for a building or structure not
related to a street, where the enforcement of the requirement that
every lot shall abut a street giving access to such proposed building
or structure would entail practical difficulty or unnecessary hardship
or where the circumstances of the case do not require the building
or structure to be related to a street. The Board of Adjustment may,
upon application or appeal, vary this provision and direct the issuance
of a permit subject to conditions that will provide adequate access
for fire-fighting equipment, ambulances and other emergency vehicles
necessary for the protection of health and safety and that will protect
any future street layout shown on the Official Map or on a general
circulation plan element of the Municipal Master Plan.
f.
To refer an application for development before the Board to any appropriate
person, agency, board, commission, committee, authority or other municipal
or other governmental instrumentality for review and recommendation.
g.
Approval in conjunction with variance application; conditions for
separate approvals.
1.
Where an original application for development requires a variance
pursuant to paragraph d above and this amended ordinance requires
the applicant to also obtain subdivision, site plan or conditional
use approval, the Board of Adjustment may grant the subdivision, site
plan or conditional use approval in conjunction with the variance
application, after referring the application to the Planning Board
for review by the appropriate administrative agencies normally involved
with such reviews pursuant to this chapter and reviewing and considering
the Planning Board's summary review and recommendation reports.
2.
Where an applicant for development elects to submit a separate application
for the variance pursuant to paragraph d hereof prior to a separate
application for other types of variances, subdivision, site plan or
conditional use approvals, any separate approval of the variance shall
be conditioned upon grant of all required subsequent approvals by
the Board of Adjustment. No such subsequent approvals shall be granted
unless such approval can be granted without substantial detriment
to the public good and without substantial impairment of the intent
and purpose of the Zone Plan and zoning regulations. The vote required
to approve the subsequent applications shall not be governed by paragraph
d hereof, but rather by the vote required normally by the ordinance
to grant other variances, subdivision, site plan or conditional use
approval.
h.
To review, recommend, report on or decide matters at formal or informal
public meetings, referred to the Board by other administrative agencies
as permitted or required by other ordinances or inherent powers of
the Borough of Allentown.
[1975 Code § 77-3D; Ord. No. 103-78; Ord. No. 05-81]
a.
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
municipality based on or made in the enforcement of the zoning regulations
or Official Map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken,
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
b.
A developer may file a direct application for development with the
Zoning Board of Adjustment for action under any of its powers without
prior application to an administrative officer. Such applications
shall be filed with the administrative officer as defined by this
chapter.
[1975 Code § 77-3E; Ord. No. 103-78; Ord. No. 05-81]
a.
The Zoning Board of Adjustment shall render a decision not later
than 120 days after the date an appeal is taken from the decision
of an administrative officer or the submission of a complete application
for development to the Board of Adjustment. Notwithstanding the above,
where separate and subsequent applications are filed pursuant to subsection
28-3.3g.,2 above, the time for determining the separate variance application
shall be 120 days, and the time for approval of the subsequent application
shall be the normal time provided therefor pursuant to the applicable
provisions of this chapter.
b.
Failure of the Board to render a decision within such 120 day period
or within such further time as may be consented to by the applicant,
shall constitute a decision favorable to the applicant.
c.
An appellant or applicant for development may request or consent
to a request for an extension of time by the Board of Adjustment to
render a decision on an appeal or complete application for development.
Any such extensions of time shall be for a definite period, shall
be evidenced by a writing filed by the applicant or appellant with
the secretary of the Zoning Board of Adjustment, which writing shall
become part of the record of the proceedings, or shall be stipulated
by the appellant, applicant or their authorized representative at
a public hearing, which stipulation shall become part of the record
of the proceedings.
[1975 Code § 77-4A; Ord. No. 103-78]
a.
Each Municipal Agency shall by its rules fix the time and place for
holding its regular meetings for business authorized to be conducted
by such agency pursuant to the provisions of the New Jersey Statutes.
Regular meetings of the Municipal Agency shall be scheduled not less
than once a month and shall be held as scheduled unless cancelled
for lack of appeals or applications for development to process. The
Municipal Agency may provide for special meetings, at the call of
the chairman, or on the request of any two of its members, which shall
be held on notice to its members and the public in accordance with
the New Jersey Statutes. No action shall be taken at any meeting without
a quorum being present. All actions shall be taken by a majority vote
of a quorum, except as otherwise required by this chapter.
b.
All regular and special meetings shall be open to the public. Notice
of all such meetings shall be given in accordance with State Law.
c.
Minutes of every regular or special meeting shall be kept and shall
include the names and addresses of the persons appearing and addressing
the Municipal Agency and of the persons appearing by attorney, the
action taken by the Municipal Agency, the findings, if any, made by
it and reasons therefore. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the secretary of the Municipal Agency, and in the absence of a permanent
office for the secretary, at the office of the Borough Clerk. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceedings concerning the
subject matter of such minutes. Such interested party shall be charged
a reasonable fee, as specified by municipal ordinances, for reproduction
of the minutes for his use.
[1975 Code § 77-4B; Ord. No. 103-78]
a.
The Municipal Agency shall hold a public hearing on each application
for development or appeal.
b.
The Municipal Agency shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a public hearing
shall be on file and available for public inspection at least 14 days
before the date of the public hearing during normal business hours
in the office of the administrative officer or at such other place
in the municipal building as the Municipal Agency may designate. The
applicant or appellant may produce other documents, records, or testimony
at the public hearing to substantiate, clarify or supplement the previously
filed maps and documents. An application for development shall not
be deemed to be a complete application for development until all documents,
records, plats, application forms, fees and other requirements of
this chapter, and other ordinances of the Borough of Allentown to
which this chapter applies, shall be filed or made part of the record
at a public hearing, or receipt thereof by the Board is acknowledged
at a public hearing.
c.
The officer presiding at the public hearing or such person as he
may designate shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including but not limited to witnesses and documents presented
by the parties.
d.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
and the right of cross-examination shall be permitted to all interested
parties through their attorneys, if represented, or directly, if not
represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
e.
Technical rules of evidence shall not be applicable to the public
hearing, but the Municipal Agency may take or limit testimony and
exclude irrelevant, immaterial or unduly repetitious evidence at the
public hearing or when rendering its decision.
f.
The Municipal Agency shall provide for the verbatim recording of
the proceedings at public hearings by either stenographic, mechanical
or electronic means. The Municipal Agency shall furnish a transcript,
or duplicate recording in lieu thereof, on request of any interested
party at his expense and in accordance with the fee schedule established
by ordinances.
g.
Memorialization Resolution.
1.
Each decision on an application for development or appeal shall be
in writing and shall include findings of fact and conclusions based
thereon. Such written decision may be provided at the hearing on which
action is taken to approve or deny the application or, if the public
meeting to approve or deny the application occurs within 45 days of
the final date set by an ordinance for approval or denial, by a memorialization
resolution provided within 45 days of the meeting.
2.
Upon the offering of a memorialization resolution, only those members
who voted for the resolution of approval or denial as evidenced by
the memorialization resolution shall vote, and such memorialization
resolution shall be adopted by a majority vote of those members in
attendance eligible to vote. Failure to adopt a memorialization resolution
within the 45 day period shall result in the approval of the application
for development notwithstanding the results of the prior voting. Whenever
a memorialization resolution is adopted, the date of such adoption
shall constitute the date of the decision for the purposes of mailing,
filing, publication and other notice requirements of this chapter.
Notwithstanding the above, the adoption of a memorialization resolution
shall not alter the applicable time period for rendering a decision
on the application for development, unless consented to by the applicant.
h.
A copy of the decision shall be mailed by the Municipal Agency within
10 days of the date of decision to the applicant or appellant, or
if represented, then to his attorney, without separate charge and
to all who request a copy of the decision for a reasonable fee, as
set forth by ordinance. A copy of the decision shall also be filed
by the Municipal Agency in the office of that agency and in the office
of the Borough Clerk. The Secretary shall make a copy of such filed
decision available to any interested party for a reasonable fee, as
specified by municipal ordinance, and a copy shall be available for
public inspection during normal Borough business hours.
i.
A brief notice of the decision shall be published in an official
newspaper of the municipality or in a newspaper of general circulation
in the municipality. Such publication shall be arranged by the applicant
or appellant.
[1975 Code § 77-4C; Ord. No. 103-78]
Notices pursuant to this chapter shall state the date, time
and place of the public hearing, the name of the Municipal Agency
hearing the application or appeal, a statement or statements specifying
the nature of all classes of matters to be considered by the Municipal
Agency in considering the application or appeal, a lot and block and
common street address and a geographical location description of the
property proposed for the development or subject to the appeal and
the location and times at which any application, maps or other documents
may be inspected by the public at the place designated by the Municipal
Agency.
[1975 Code § 77-4D; Ord. No. 103-78]
Public notice in accordance with the provisions of N.J.S.A. 40:55D-12 and in accordance with subsection 28-4.5 following shall be given by all applicants and appellants at least 10 days prior to the date of the public hearing for all applications for development or appeals except the following:
a.
Minor subdivisions where no variances, site plan or conditional use
permits are required.
b.
Final approvals of site plans where no variances, subdivisions or
conditional use permits are required.
c.
Final approvals of major subdivisions where there have been no substantial
changes to the preliminary approved plans, as determined by the Borough
Engineer.
[1975 Code § 77-4E; Ord. No. 103-78; Ord. No. 05-81]
Whenever a public hearing is required on an application for development or appeal pursuant to N.J.S.A. 40:55D-1 et seq., except for those applications and appeals stated in subsection 28-4.4 above, the applicants or appellants shall give notice thereof as follows:
a.
Public notice shall be given by publication in an official newspaper
of the municipality or in a newspaper of general circulation in the
municipality at least 10 days prior to the public hearing. Proof of
publication shall be presented to the Municipal Agency at the public
hearing.
b.
Notice of a public hearing shall be given to the owners of all real
property as shown on the current tax duplicate, located within 200
feet in all directions of the property which is the subject of such
hearing. Such notice shall be given by serving a copy thereof on the
property owner as shown on the current tax duplicate or his agent
in charge of the property or by mailing a copy thereof by certified
mail to the property owner at his address as shown on the current
tax duplicate. Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to adjoining condominium or cooperative owners shall also include
notice to the condominium association or corporate association.
c.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality, which notice shall be in addition to the notice required
to be given pursuant to paragraph b above, to the owners of lands
in such adjoining municipality which are located within 200 feet of
the subject premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway or within 200
feet thereof.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10.
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development prior to or at the
public hearing.
h.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
i.
Upon the prepayment of the fees provided for by ordinance to the
Borough, the secretary of the Municipal Agency will arrange for the
preparation and publishing of the notice by publication, and on any
notices published by the Municipal Agency, a proof of publication
or certification of publication shall be filed with the Municipal
Agency by the secretary of the Municipal Agency. In preparing the
notice of publication, the secretary of the Municipal Agency shall
rely upon the facts as stated in the applicant's or appellant's
filed application or notice of appeal and in reliance thereon, no
errors or omission contained in the notice of publication shall stop
the Municipal Agency from denying that sufficient legal notice has
been given.
j.
1.
Whenever
public notice of a hearing to consider an application for development
is required by this chapter, and the initial hearing has been held
pursuant to proper notice being given, continued public hearings shall
not require new public notice if the date for the continued hearing
is announced at the public hearing for which notice was already made
unless specifically required by the Municipal Agency.
2.
New public notice, by publication only, will be required in any of
the following situations:
(a)
When the application for development was returned to the developer
as an incomplete application and the developer is refiling his complete
application and notice was previously given, or
(b)
Where the developer has requested or consented to an extension
of time for approval by the Municipal Agency, and approval of the
application is considered at a special meeting of the Municipal Agency
which is not the next regularly scheduled meeting of the Municipal
Agency, or
(c)
Where the plans as submitted or resubmitted by the applicant
are so substantially different from the original plans filed by the
applicant, that the Municipal Agency deems that new public notice
is required in the best interest of the public, or
(d)
Where an application for development originally filed with one
Municipal Agency is transferred to another Municipal Agency for preliminary
or final approval purposes, and the original public notice named the
transferrer Municipal Agency, or
(e)
In such other cases where the Municipal Agency deems it to be
in the best public interest that a public notice, in whole or in part,
is required to preserve the public health, safety or general welfare.
In such cases the Municipal Agency may require public notice by personal
service or certified mail in addition to notice by publication.
[1975 Code § 77-4F; Ord. No. 103-78; New]
Pursuant to the provisions of N.J.S.A. 40:55d-12d, upon the
written request of an applicant, the Borough Clerk shall, within seven
days, make and certify a list from the current tax duplicates of names
and addresses of owners to whom the applicant is required to give
notice pursuant to subsection 27-4.5b. The applicant shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any owner not on the list shall not invalidate any
hearing or proceeding. A sum not to exceed twenty-five ($.25) cents
per name, or $10, whichever is greater, may be charged for such list.
[1975 Code § 77-4G; Ord. No. 103-78]
Pursuant to the provisions of N.J.S.A. 40:55d-39 and N.J.S.A.
40:55d-65 every application for development submitted to the Planning
Board or the Zoning Board of Adjustment (including specifically preliminary
and final approvals) shall be accompanied by proof that no taxes or
assessments for local improvements are due or delinquent on the property
which is the subject of such application; and if it is determined
that taxes or assessments are delinquent on the property, the application
for development shall not be deemed to be a complete application until
the applicant either makes prompt payment of such delinquent taxes
or assessments, or adequate provision satisfactory to the Borough
of Allentown for the payment thereof in such manner that the municipality
will be adequately protected. No decision or approval shall be rendered
by the Municipal Agency except in accordance herewith.
[1975 Code § 77-4H; Ord. No. 103-78]
Any corporate or partnership applicant for a development of
a larger than five lot subdivision, or seeking a variance to construct
a multiple dwelling of 25 or more dwelling units, or seeking approval
of a site to be used for commercial purposes, shall submit a certified
list of the names and addresses of all stockholders or individual
partners holding or owning a 10% or larger ownership interest in accordance
with the provisions of N.J.S.A. 40:55D-48.1 through 40:55D-48.4.
[1975 Code § 77-4I; Ord. No. 103-78; Ord. No. 05-81; Ord. No. 016-81; Ord. No.
019-85; Ord. No. 028-86; Ord. No. 029-86; Ord. No. 06-89]
a.
Every application for development shall be accompanied by a check
payable to the Borough of Allentown in accordance with the following
schedule:
|
Type
|
Application Charge
|
Escrow Plus Account
|
|---|---|---|
|
Subdivisions:
| ||
|
Informal concept (without professional review)
|
$500.00 (to be applied toward future formal application)
| |
|
Minor
|
$200.00
|
$1,500.00
|
|
Informal concept (with professional review)
|
1/2 preliminary plat fee
|
1/2 escrow for preliminary plat
|
|
Preliminary plat
|
$250.00 plus $10.00 per lot
|
$3,500.00
|
|
Final plat
|
$250.00 plus $10.00 per lot ($200.00 minimum)
|
$2,000.00
|
|
Site Plans:
| ||
|
Informal concept (without professional review)
|
$500.00 (to be applied toward future formal application)
| |
|
Minor plan
|
$100.00
|
$750.00
|
|
Informal concept (with professional review)
|
1/2 preliminary plat fee
|
$1,000.00
|
|
Preliminary plan
|
$250.00 per acre or $10.00 per each 1,000 square feet of gross
floor area proposed, which-ever is greater ($250.00 minimum)
|
$3,500.00 minimum
|
|
Final plat
|
$150.00 per acre or $10.00 per each 1,000 square feet of gross
floor area proposed, which-ever is greater ($750.00 minimum)
|
$50.00 per acre or $50.00 per each 1,000 square feet of gross
floor area proposed, which-ever is greater ($2,000.00 minimum)
|
|
Informal concept plan (without professional review)
|
1/2 preliminary plat/plan fee
|
1/2 escrow for preliminary plat/plan
|
|
Variances:
| ||
|
Appeals
|
$75.00
|
$ 500.00
|
|
Interpretations
|
$50.00
|
$ 500.00
|
|
Hardship
|
$200.00
|
$1,000.00
|
|
Use
|
$500.00
|
$2,500.00
|
|
Permit
|
$150.00
|
$ 150.00
|
1.
Variance applications for signs where no site plan review is involved
in the application or appeal: $200.
2.
Notices of publication or hearing dates and final decisions. Deposit
amount determined by Borough Clerk or Board Secretary. Fee is for
each notice prepared: $30 plus actual cost of publication.
3.
Municipal agency's expert witnesses hired in accordance with
this chapter. Deposit amount determined by Municipal Agency. Fee shall
be the actual amount billed to the Borough of Allentown by the expert
witness.
4.
Copies of stenographic transcripts of proceedings before Municipal
Board or Agency: actual cost billed to the Borough.
5.
Duplicate recording of proceedings before Municipal Board or Agency:
$70.
6.
Copies of any final decisions or other public documents: $2 per page.
7.
Certified copy of Zoning or Official Map: $10.
8.
Certified copy of Tax Map page: $10.
9.
Copy of Zoning, Subdivision and Land Use Procedures regulations:
$30 (or $10 per ordinance).
10.
Parking lot approvals, where not part of application covered above:
four ($.04) cents per square foot.
b.
Each variance that is applicable to a separate lot shall be treated
as a separate variance with the fee due on that variance.
c.
The fees, deposits and other charges stated above are to be cumulative,
inasmuch as where an application or appeal to a Board contains requests
for relief or review under more than one of the lettered subsections
or other charges and deposits are required, the total fees, other
charges and deposits to be paid by the applicant or appellant shall
be the cumulative total of the separate charges under each subsection.
d.
The fees to be charged on application for development where preliminary
or final approval has been granted and the applicant or its successor
in interest applies for an amendment or supplement to the approved
preliminary or final plat or plan shall be 1/2 the fees charged for
the original preliminary or final application.
e.
In the event that a special meeting is held at the request of a developer,
all costs and fees associated with that meeting, including but not
limited to publication fees, recording and stenographic fees, attorney's
fees and engineering fees shall be the responsibility of the developer.
At the time a request is made for a special meeting, the developer
shall place a deposit for the estimated cost of the fees with the
municipality of fees and costs to be paid by the developer at the
time they are finally determined.
f.
The application charge is a flat fee to cover direct administrative
expenses and is nonrefundable.
Charitable, philanthropic, fraternal and religious nonprofit
organizations holding a tax exempt status under the Federal Internal
Revenue Code of 1954 (26 U.S.C. 501 (c) or (I)) shall not be charged
an application fee for planning or zoning approvals.
g.
Escrow Account.
1.
The escrow account is established to cover the costs of professional
services, including engineering, legal, planning, professional personnel
on salary and consultants retained to evaluate material submitted
with the application, and other expenses connected with the review
of the submitted materials. Sums not utilized in the review process
shall be returned to the applicant. If additional sums are deemed
necessary, the applicant shall be notified of the required additional
amount and shall add such sum to the escrow.
2.
The Borough Treasurer shall monthly advise the Planning/Zoning Administrator
of the balance of all escrow accounts and whether additional funds
are required. In the event that additional funds are required, it
shall be the obligation of the Planning/Zoning Administrator to notify
the applicant of the additional escrow amount required, and in the
event that there is a refusal or failure to make the payments required,
the Planning/Zoning Administrative Officer shall notify the approving
Board and the Borough Construction Office. No further approvals, permits
or inspections shall be provided until the escrow funds are replenished.
3.
The escrow associated with each application shall be replenished
whenever the original escrow is reduced by charges against the account
to 35% or less of the original amount. The Planning/Zoning Administrator
shall notify the applicant of the requirement to replenish the escrow,
and the applicant shall be requested to deposit an amount to bring
the balance up to 100% of the original escrow amount.
4.
Any fees paid for informal review shall be a credit toward fees for
a subsequent application for development by the same applicant and
for the same development.
5.
The amount of additional escrow moneys shall be determined by the
Planning/Zoning Administrator.
h.
Engineering Inspection Fees and Additional Fees.
1.
Engineering inspection fees shall be paid by all applicants prior
to the work's commencing on the site. The fee shall be based
upon the Engineer's estimate of all standard outside improvements
and includes landscaping, but does not include lighting, signs, fencing,
etc. The inspection fees to be paid shall be as follows:
|
Improvement Costs
|
Inspection Fee Required
|
|---|---|
|
$0 to $10,000
|
8% of estimated cost of construction
|
|
$10,001 to $50,000
|
$800 plus 7 1/2% of cost over $10,000
|
|
$50,001 to $100,000
|
$3,800 plus 7% of cost over $50,000
|
|
$100,001 to $200,000
|
$7,300 plus 6 1/2% of cost over $100,000
|
|
$200,001 or greater
|
$13,800 plus 6% of cost over $200,000
|
[1975 Code § 77-5A; Ord. No. 103-78]
a.
An application for development is required for all development as
defined in this chapter. No building permit shall be issued until
approval has been given by the Municipal Agency for those applications
requiring approval.
b.
A development application may take the form of a request for site
plan approval, conditional use approval, subdivision approval, variances
from the standards of the zoning regulations, other permits provided
for in this chapter or a combination of any or all of the above.
c.
1.
. All
development applications shall be filed with the administrative officer
of the Municipal Planning and Zoning Board of Adjustment at least
14 days prior to the Municipal Agency meeting at which consideration
is desired. For an application for development in a form of a variance,
there shall be 15 copies of the application filed, as well as 12 copies
of a sketch plat. For a minor subdivision, the applicant shall file
15 copies of the completed application and 12 copies of the minor
subdivision sketch plat. For preliminary and major subdivision and
for site plan approval, the applicant shall file 12 copies of the
site plan or sketch plat of the major subdivision, as well as 15 copies
of the completed application. For final major subdivision approval,
the applicant shall file one original tracing, one translucent rough
copy and six copies of the plans in accordance with the requirements
of the Map Filing Law of the State of New Jersey. (N.J.S.A. 46:23-9.9
et seq.) All applications for development shall be on forms that have
been approved by the Borough Council based on recommendations from
the Planning Board/Zoning Board of the Borough of Allentown.
2.
For applications for variances for additions or alterations to an
existing residential structure including permitted accessory uses,
the applicant shall file 12 copies of the application and 12 copies
of an existing survey of the subject property and 12 sketches or plans
of the proposed addition or alteration.
d.
Complete Applications; Incomplete Applications.
1.
The Municipal Agency shall review each application for completeness
at its first regular meeting after submission and, if complete, shall
set up a public hearing date, if required, and so notify the applicant.
2.
If an application for development is found to be incomplete, the
developer shall be notified in writing thereof within 45 days of the
submission of each application, or it shall be deemed to be properly
submitted. Notification shall be by letter addressed to the applicant
or the authorized representative from the Municipal Agency's
attorney. The Municipal Agency may require submission of information
in addition to that required in the appropriate review ordinance or
revisions to the materials submitted in accordance with the applicable
ordinance; however, the submission of the same shall not toll the
running of the 45 day determination period stated above.
e.
Size of plats, design and engineering details, design criteria and other information to be contained on plats for preliminary or final approval shall be in accordance with the provisions of this chapter, Chapter 30, Land Subdivision, and Chapter 32, Zoning, and the terms of such ordinances, not inconsistent with the specific provisions of this chapter, are herein incorporated by reference.
[1975 Code § 77-5B; Ord. No. 103-78; Ord. No. 05-81]
a.
Site Plan.
1.
The developer seeking site plan approval shall submit an application for development accompanied by a site plan and such other information as is necessary for the Municipal Agency to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met in accordance with the provisions of Chapter 32, Zoning, of the Code of the Borough of Allentown. The site plan and any engineering and architectural plans and documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the site plan application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application, or it shall be deemed to be properly submitted as of the 46th day from the date of the filing of the application.
2.
If the Municipal Agency requires any substantial amendment in the
layout of improvements proposed by the developer that have been the
subject of a public hearing with or without notice, an amended application
for development shall be submitted by the developer and proceeded
upon as in the case of the original application for development. The
Municipal Agency shall, if the proposed development complies with
the ordinance, grant preliminary site plan approval.
3.
Upon the submission to the administrative officer of the municipality
of a complete application for a site plan for 10 acres of land or
less and 10 dwelling units or less, the Municipal Agency shall grant
or deny preliminary approval within 45 days of the date of each submission
or filing of the complete application or within such further time
as may be consented to by the developer. Upon submission of a complete
application for a site plan of more than 10 acres or more than 10
dwelling units, the Municipal Agency shall grant or deny preliminary
approval within 95 days of the date of such submission or filing of
the complete application or within such further time as may be consented
to by the developer. Otherwise, the Municipal Agency shall be deemed
to have granted preliminary approval of the site plan.
4.
Notwithstanding the above, where the application requires other approval from the Planning Board in accordance with subsection 28-2.3g of this chapter, the time for approval shall be 95 days; and where the Zoning Board of Adjustment has original jurisdiction pursuant to subsection 28-3.3g of this chapter, the time for approval shall be 120 days.
b.
Minor Subdivision.
1.
A developer seeking minor subdivision approval shall submit his applications and minor subdivision plats drawn in accordance with the applicable provisions of Chapter 30, Land Subdivision, of the Code of the Borough of Allentown to the administrative officer. Minor subdivision approval shall be deemed to be final approval of the subdivision, provided that the Municipal Agency may condition such approval on terms ensuring the provision of improvements pursuant to the applicable provisions of this chapter and Chapter 30, Land Subdivision, of the Code of the Borough of Allentown.
2.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law or a deed
clearly describing the approved minor subdivision is filed by the
developer with the County Recording Officer, the Municipal Engineer
and the Municipal Tax Assessor. Any such plat or deed to be accepted
for filing or recording shall be signed by the Chairman and Secretary
of the Planning Board. In reviewing the application for development
for a proposed minor subdivision, the Municipal Agency may be permitted
to accept a plat not in conformity with the Map Filing Act, (P.L.
1960, c. 141), provided that if the developer chooses to file the
minor subdivision as provided herein by plat rather than deed, such
plat shall conform with the provisions of such Act.
3.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted shall not be changed for a period of two years after the date
of minor subdivision approval, provided that the approved minor subdivision
shall have been properly recorded in the time period provided for
in paragraph 2, above.
c.
Major Subdivision.
1.
A developer seeking major subdivision approval shall submit to the administrative officer the applications and plats provided for in this chapter and drawn in accordance with the provisions of Chapter 30, Land Subdivision, of the Code of the Borough of Allentown and such other information as is reasonably necessary for the Municipal Agency to make an informed decision as to whether the requirements necessary for preliminary approval have been met, provided that minor subdivisions pursuant to this chapter shall not be subject to this section. The plat and other engineering documents submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
2.
If the Municipal Agency requires any substantial amendment in the
layout of improvements proposed by the developer that have been the
subject of a public hearing with or without notice, an amended application
for development shall be submitted by the developer and proceeded
upon, as in the case of the original application for development.
The Municipal Agency shall, if the proposed subdivision complies with
this chapter, grant preliminary approval to the subdivision.
3.
Upon the submission to the administrative officer of a complete application
for a subdivision of 10 or fewer lots, the Municipal Agency shall
grant or deny preliminary approval within 45 days of the date of such
submission or filing of a complete application or within such further
time as may be consented to by the developer. Upon the submission
of a complete application for a subdivision of more than 10 lots,
the Municipal Agency shall grant or deny preliminary approval within
95 days of the date of such submission or filing of a complete application
or within such further time as may be consented to by the developer.
4.
Notwithstanding the above, where the application requires other approval from the Planning Board in accordance with subsection 28-2.3g of this chapter the time for approval shall be 95 days; and where the Zoning Board of Adjustment has original jurisdiction pursuant to subsection 28-3.3g of this chapter, the time for approval shall be 120 days.
d.
Filing Regarding Improvements and Other Uses of Land. Upon the filing of an application for development for preliminary approval requiring on-site, on-tract, off-site or off-tract improvements, grants or conservation and preservation of open space and recreational areas to be installed by, planned, or provided for by the applicant pursuant to an ordinance of the Borough of Allentown, or as the necessity therefor is determined from the plans, documents and testimony submitted by the applicant to the Municipal Agency, the applicant shall submit a letter addressed to the Municipal Agency stating the applicant's proposed alternatives for the ultimate ownership of the installed improvements, grants, open space or recreational area. A copy of the letter shall be forwarded by the Municipal Agency to the Borough Council for their review and requirements. The Municipal Agency shall thereafter state in their resolution, based on the review and requirements established by the Borough Council the requirements of the Borough Council as to the ultimate beneficiaries of the specific improvements to be installed and specific land areas to be conserved, preserved or improved for recreational and open space purposes; which installed improvements and land areas are to be dedicated for public uses or purposes to the Borough of Allentown or other governmental and public agencies; and which installed improvements and land uses are to remain in individual, private or association ownership. Thereafter, any final plat or plan submitted for final approval shall contain wording specifically defining the installed improvements and land areas which are to be dedicated and those which are to remain in private ownership in accordance with the preliminary approval resolutions. Notwithstanding the above, approval of the final plats by the approving Municipal Agency shall not constitute an acceptance of proposed dedications until the performance and maintenance guarantees have been released pursuant to subsection 28-5.6 of this chapter.
[1975 Code § 77-5C; Ord. No. 103-78]
Preliminary approval of a major subdivision or of a site plan
shall, except as provided in paragraph d of this section, confer upon
the applicant the following rights for a three year period from the
date of the preliminary approval which date is herein defined as the
date that the approval resolution with or without conditions, is adopted
by the Municipal Agency.
a.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; and, in the
case of a site plan, any requirements peculiar to site plan approval;
except that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
b.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be.
c.
That the applicant may apply for and the Planning Board may grant
extensions of such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
d.
In the case of a subdivision of, or site plan for, an area of 50
acres or more, the Planning Board may grant the rights referred to
in paragraphs a, b and c above for such period of time, longer than
three years, as shall be determined by the Planning Board to be reasonable,
taking into consideration:
1.
The number of dwelling units and nonresidential floor area permissible
under preliminary approval,
2.
Economic conditions, and
3.
The comprehensiveness of the development. The applicant may apply
for thereafter, and the Planning Board may thereafter grant, an extension
of preliminary approval for such additional period of time as shall
be determined by the Planning Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval, and
(b)
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval, and
(c)
Economic conditions, and
(d)
The comprehensiveness of the development; provided that if the
design standards have been revised, such revised standards may govern.
Applicants seeking extensions of preliminary approval in accordance
with paragraph d above shall submit to the Planning Board written
and oral testimony, with supporting documentation, justifying the
request for the initial extension or any further extensions to preliminary
approval. Such extensions shall not be granted by the Planning Board
without good cause being shown by the developer at a public hearing
where all written and oral testimony is made part of the public record.
The applications must be filed by the developer prior to the expiration
of the term that is sought to be extended for the Municipal Agency
to have jurisdiction.
[1975 Code § 77-5D; Ord. No. 103-78]
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or preliminary site plan approval, shall have the power to grant such exceptions from the requirements for subdivision or site plan approval as may be reasonable and within the general purpose and intent of the provisions for subdivision or site plan review and approval of this chapter, and Chapters 30 and 32 of the Code of the Borough of Allentown if the literal enforcement of one or more provisions of these ordinances are impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[1975 Code § 77-5E; Ord. No. 103-78]
a.
Site Plans and Major Subdivisions.
1.
The Municipal Agency shall grant final approval, if the detailed drawings, plats, specifications and estimates of the applications for final approval conform to the standards established by this chapter, Chapter 30, Land Subdivision and the site plan provisions of Chapter 32, Zoning of the Code of the Borough of Allentown for final approval, the conditions of preliminary approval, and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law."
2.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Administrative Officer or within
such further time as may be consented to by the applicant. Failure
of the Municipal Agency to act within the period prescribed shall
constitute final approval and a certificate of the secretary as to
the failure of the Municipal Agency to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval, herein required, and shall
be so accepted by the County Recording Officer for purposes of filing
subdivision plats or site plans.
3.
Effect of final approval of site plan or major subdivision.
(a)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer pursuant
to this chapter, whether conditionally or otherwise, shall not be
changed for a period of two years after the date of final approval;
provided that in the case of major subdivisions the rights conferred
by this section shall expire if the plat has not been duly recorded
within the time period required by Statute. If the developer has followed
the standards prescribed for final approval, and in the case of a
subdivision, has duly recorded the plat as required, the Planning
Board may extend such period of protection for extensions of up to
one year each upon good cause being shown by the developer. Notwithstanding
any other provisions of this chapter, the granting of final approval
terminates the time period of preliminary approval for any section
granted final approval.
(b)
In the case of a subdivision or site plan for a planned development
of 50 acres or more, or conventional subdivision or site plan for
150 acres or more, the Municipal Agency may extend the rights referred
to in paragraph (a) of this subsection for such period of time, longer
than two years, as shall be determined by the Municipal Agency to
be reasonable, taking into consideration:
(1)
The number of dwelling units and nonresidential floor area permissible
under final approval,
(2)
Economic conditions, and
(3)
The comprehensiveness of the development.
The developer may apply for thereafter, and the Municipal Agency may
thereafter grant upon good cause being shown an extension of time
as shall be determined by the Municipal Agency to be reasonable, taking
into consideration:
4.
Notwithstanding anything above to the contrary, applications for
extensions must be filed by the developer prior to the expiration
of the term that is sought to be extended for the Municipal Agency
to have jurisdiction.
[1975 Code § 77-5F; Ord. No. 103-78; Ord. No. 05-81]
a.
Before a final plat is signed and sealed by the municipality, and
before the applicant records a final subdivision plat, or as a condition
of final site plan approval, or as a condition to the issuance of
a zoning permit, the Municipal Agency shall require and shall accept
in accordance with the standards adopted by this chapter for the purpose
of assuring the installation and maintenance of all required improvements:
1.
The furnishing and filing with the Borough Clerk of a performance
guarantee in an amount of 120% of the estimated cost for installation
of improvements (as determined by the Borough Engineer) that the Municipal
Agency may deem necessary or appropriate including: streets, grading,
pavement, gutters, curbs, sidewalks, street lighting, shade trees,
surveyors' monuments (as shown on the final map and required
by the "Map Filing Law"), water mains, culverts, storm sewers, sanitary
sewers, or other means of sewage disposal, drainage structures, erosion
control and sedimentation control devices, public improvements of
open space and, in the case of site plans only, other on-site improvements
and landscaping.
2.
A commitment for a maintenance guarantee to be posted in favor of
the Borough of Allentown for a period not to exceed two years after
final acceptance of the improvements, in an amount not to exceed 15%
of the as-built cost of the improvements.
3.
Such performance and maintenance guarantees may be in one or a combination
of the following forms:
(a)
Performance or maintenance bonds written by financially responsible
bonding or surety companies maintaining an office in the State of
New Jersey and acceptable to the Borough of Allentown, or
(b)
Certified checks for deposit made payable to the Borough of
Allentown, or
(c)
Cash deposits (except that cash deposits shall not be allowed
for maintenance guarantees), not exceeding 10% of the amount of the
bond, or
(d)
Other types of escrow or security approved by the Allentown
Borough Attorney.
(1)
The performance and maintenance guarantees and any agreements
related thereto shall be approved by the Borough Attorney as to form,
sufficiency and execution prior to acceptance by the Allentown Borough
Clerk.
(2)
Notwithstanding the above, 10% of the performance bond must
be either cash or certified checks for deposit by the Borough of Allentown,
and the term of the performance bond or bonds shall be determined
by the Borough Engineer based upon the complexity of and the expected
time to complete the project and all improvement related thereto.
4.
The amount of the performance guarantees may be reduced by the Borough
Council by resolution, upon request of an applicant, when portions
of the improvements have been certified by the Borough Engineer as
having been completed and installed in accordance with the Allentown
Borough Ordinances and inspected by the Borough Engineer. Such reduction
of the performance guarantee amount shall not be deemed a waiver of
any rights that the Borough of Allentown has pursuant to the maintenance
guarantees, nor shall it be construed as acceptance of the improvements
by the municipality unless specifically recommended by the Borough
Engineer and dedication of the improvements is accepted by the Borough.
5.
In the event that other governmental agencies or governmental public
utilities automatically shall own the utilities to be installed upon
completion and acceptance, or the improvements are covered by a performance
or maintenance guarantee to another governmental agency or utility,
no performance or maintenance guarantee, as the case may be, shall
be required by the municipality for such specific utilities or improvements.
6.
Upon request of an applicant, the time periods allowed for installation
of improvements may be extended, in whole or in part, by resolution
of the Borough Council, but only after the Borough Council has received
a recertification from the Borough Engineer as to the cost of the
improvements to be extended and the applicant has posted performance
guarantees acceptable to the Borough Attorney in an amount equal to
one hundred twenty (120%) percent of the recertified cost and time
extension in a form acceptable to the Borough Attorney.
b.
If the required improvements are not completed or corrected in accordance
with the performance guarantee or the improvements installed are not
maintained and repaired satisfactorily in accordance with the maintenance
guarantee, the obligor and surety, if any, shall be jointly and severally
liable thereon to the Borough for the reasonable costs of the improvements
not completed or corrected, and the Borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements
at the cost and expense of the obligor and surety.
c.
When substantially all of the required improvements have been completed,
or substantially completed and connected to or integrated into the
municipal systems, the obligor shall notify the Borough Council in
writing, by certified mail addressed in care of the Borough Clerk,
of the substantial completion of the improvements and shall send a
copy thereof to the Borough Engineer. Thereupon, the Borough Engineer
shall inspect all of the improvements for which the notice was filed
and shall file a detailed report, in writing, with the Governing Body,
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected and approved shall
be set forth. For the purposes of guarantees, "substantial completion"
shall mean either 75% of all improvements of any type or 75% of any
specific improvements installed and connected or integrated into the
municipal system.
d.
The Borough Council shall either approve, partially approve or reject
the improvements on the basis of the report of the Borough Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of the report and the action of the approving authority with
relation thereto, not later than 65 days after receipt of the notice
from the obligor of the completion of the improvements. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to its performance guarantee, except for that portion adequately
sufficient to secure provision of the improvements not yet approved,
provided further that 30% of the amount of the performance guarantee
posted may be retained to ensure completion of all improvements remaining
after substantial completion releases. Failure of the Borough Council
to send or provide such notification to the obligor within 65 days
shall be deemed to constitute approval of the improvements, and the
obligor and the surety, if any, shall be released from all liability,
pursuant to such performance guarantee for such improvement.
e.
If any portion of the required improvements are rejected, the approving
authority may require the obligor to complete such improvements, and,
upon completion, the same procedure of notification, as set forth
in this section shall be followed.
f.
The maintenance guarantee period shall commence as to each improvement
installed, upon the date that the Borough Council takes action specifically
approving the installation of the improvement or the date of failure
to notify the applicant as contained in paragraph d., above.
g.
At the time that the original performance guarantee and commitment
for maintenance guarantee are filed by the applicant with the Borough
Clerk, the applicant shall tender to the Borough Clerk cash or a certified
check, made payable to the Borough of Allentown, in the amount estimated
by the Borough Engineer to be required to reimburse the Borough for
the cost of the Borough Engineer's inspection or supervision
of the installation of improvements. In the absence of an estimate
of fees being made by the Borough Engineer, the amount to be deposited
by the applicant shall be 5% of the amount of the performance guarantee.
If at any time during the construction of the improvements or before
the performance guarantee is released, the Borough Engineer certifies
to the Borough Council that the fees deposited are inadequate to reimburse
the Borough for the cost of inspection and supervision, the Borough
Council shall notify the obligor and surety of the amount of additional
fees to be deposited, and the performance guarantee shall not be released
until such fees are paid by the applicant to the Borough Clerk.
h.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall
be applied by stage or section. Notwithstanding the above, improvements
necessary to interconnect sections or stages and improvements scheduled
to be completed in later sections or stages, which improvements are
to be mutually utilized by earlier sections or stages as shown on
the appeared development plan, shall be guaranteed or bonded coincident
with the earlier section or stage.
[1975 Code § 77-5G; Ord. No. 103-78]
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed with the County Recording Officer. The
Municipal Agency may for good cause shown extend the period for recording
for an additional period not to exceed 190 days from the date of signing
of the plat.
[1975 Code § 77-5H; Ord. No. 103-78]
On application and after public notice and hearing, the Planning Board shall have the power to authorize the issuance by the Building Subcode Official of conditional use permits for any use for which Chapter 32, Zoning, requires a conditional use permit (formerly referred to as a special use permit). In authorizing the issuance of a conditional use permit, the Board shall take into consideration the public health, safety, and welfare and shall prescribe such conditions and safeguards as it may deem appropriate in order that the result of this action shall, to the maximum extent possible, further the purpose of the ordinances of the Borough in general and the following specific objectives in particular:
a.
That all proposed structures, equipment and material shall be readily
accessible for fire and police protection.
b.
That the proposed use shall be of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and will not be detrimental to the orderly development of adjacent
properties in accordance with the zoning classification of such properties.
d.
That, in addition to the above, in the case of any use located in,
or directly adjacent to, a residential district:
1.
The location and size of such use, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access streets shall be such that both pedestrian
and vehicular traffic to and from the use and the assembly of persons
in connection therewith will not be hazardous or inconvenient to,
or incongruous with, the normal traffic of the neighborhood, and
2.
The location and height of buildings, the location, nature and height
of walls and fences and the nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings or
substantially impair the value thereof.
e.
That the Municipal Agency reviewing the specific application for a conditional use permit of the types stated in Chapter 32, Zoning of the Code of the Borough of Allentown is satisfied that the specific criteria for conditional use approval as set forth therein is met.
f.
Any use allowed by conditional use permit shall be deemed to be a
valid nonconforming use in the district in which such use is located
provided that:
1.
The provision in this chapter under which such permit was issued
is still in effect.
2.
Such permit was issued in conformity with the provisions of this
chapter.
3.
Such permit shall be deemed to affect only the lot or portion thereof
for which such permit shall have been granted.
4.
All conditions prescribed in connection with the issuance of such
permit are still complied with.
g.
Where an ordinance requires site plan approval for the development
proposed by the applicant for conditional use permit approval, the
applicant shall also file a complete site plan application and the
Planning Board shall consider the two applications simultaneously
and approve or disapprove the applications within the time periods
prescribed by this chapter.
h.
The Planning Board may require that conditional use permits be periodically
renewed. Such renewal shall be granted following public notice and
hearing, and may be withheld upon such conditions as may have been
prescribed by the Board in conjunction with the issuance of the original
permit if they have not been, or are no longer, being complied with.
In such cases a period of 60 days shall be granted the applicant for
full compliance prior to the revocation of the permit.
i.
In areas under development the Planning Board may authorize the issuance
by the Building Subcode Official of a temporary conditional use permit
for not more than one year's duration for a structure or use
not permitted by this chapter in the district in which it is to be
located if such structure or use is deemed by the Board to be necessary
to promote the desirable development of such areas; provided that
such temporary permit shall only be issued subject to applicant providing
adequate guarantees, including a bond in an amount to be approved
by the Planning Board, that such structure or use will be terminated
and removed at the end of the period specified, or of such extension
thereof as may be granted upon application to the Board upon good
cause shown and after due notice and public hearing.
j.
The provisions of paragraphs a through i above of this section shall
apply to applications made to the Board of Adjustment pursuant to
N.J.S.A. 40:55D-76b.
k.
The Planning Board shall render its decision on the conditional use
permit application within 95 days of complete conditional use permit
and site plan applications being filed with the administrative officer
in accordance with the provisions of this chapter or within such further
time as is consented to by the applicant. In those cases where the
Board of Adjustment has jurisdiction over the conditional use permit
pursuant to N.J.S.A. 40:55D-76b the Board shall render its decision
after receiving the Planning Board's review and recommendations,
as to both the conditional use and site plan approval within 120 days
after the date that the applicant has submitted a complete development
plan with the administrative officer.
[1975 Code § 77-7A; Ord. No. 103-78]
In the event that a developer files his complete application
with supporting documentation in accordance with the applicable provisions
of this chapter with the Planning Board and it is determined either
before or after notice, and at the public hearing that the application
should have been initially filed with the Board of Adjustment and
that the Planning Board does not have the statutory jurisdiction to
grant the complete relief requested by the applicant/developer, the
applicant may elect to do one of the following:
a.
Voluntarily withdraw his application before the Planning Board and
reapply to the Board of Adjustment, or
b.
Direct the Planning Board to forward the entire application and a
transcript or record of the proceedings before the Planning Board
to the Board of Adjustment at applicant's expense.
Nothing stated herein shall relieve the applicant of the notice
provisions of the Statute and this chapter or stop the Board of Adjustment
from handling the transferred application as a new application before
the Board.
In the event that an application is transferred to the Board
of Adjustment the Board shall have 120 days from the date that the
new application is filed, or the transferred application is received
by the Board of Adjustment to render its decision; the refiling date
or effective transfer date being deemed to be the amended complete
application date if the application is in fact complete.
[1975 Code § 77-7B; Ord. No. 103-78]
In the event that a developer files his complete application
with supporting documentation in accordance with the applicable provisions
of this chapter with the Board of Adjustment, and it is determined
either before or after notice, and at the public hearing that the
application should have been initially filed with the Planning Board
and that the Board of Adjustment does not have the statutory jurisdiction
to grant the complete relief requested by the applicant/developer,
the applicant may elect to do one of the following:
a.
Voluntarily withdraw his application before the Board of Adjustment
and reapply to the Planning Board, or
b.
Direct the Board of Adjustment to forward the entire application
and a transcript or record of the proceedings before the Board to
the Planning Board at applicant's expense.
Nothing stated herein shall relieve the applicant of the notice
provisions of the Statute and this chapter or stop the Planning Board
from handling the transferred application as a new application before
the Board.
In the event that an application is transferred to the Planning
Board, the Board shall have the time periods prescribed by this chapter
and the New Jersey Statutes from the date that the new application
is filed or the transferred application is received by the Planning
Board to render its decision, the refiling date or effective transfer
date being deemed to be the amended complete application date if the
application is in fact complete.
[1975 Code § 77-8A; Ord. No. 103-78; Ord. No. 04-81]
An appeal to the Zoning Board of Adjustment may be taken by
any interested party affected by any decision of the administrative
officer of the municipality based on or made in the enforcement of
the zoning regulations or Official Map. Such appeal shall be taken
within 20 days by filing a notice of appeal with the officer from
whom such appeal is taken specifying the grounds of such appeal. The
officer from whom the appeal is taken shall immediately transmit to
the administrative officer all the papers constituting the record
upon which the action appealed from was taken.
[1975 Code § 77-8B; Ord. No. 103-78; Ord. No. 04-81]
An appeal from any final decision of the Zoning Board of Adjustment
or the Planning Board granting or denying an application for development
may be taken by any interested party, provided that such appeal shall
be made within 10 days of the date of publication of such final decision.
[1975 Code § 77-8C; Ord. No. 103-78; Ord. No. 04-81]
a.
Appeals to the Borough Council shall be made by serving the Borough
Clerk in person or by certified mail with a notice of appeal specifying
the grounds thereof and the name and address of the appellant and
name and address of his attorney, if represented. Such appeal shall
be decided by the Governing Body only upon the record established
before the Municipal Agency.
b.
Notice of the meeting to review the record below shall be given by
the Borough Council by personal service or certified mail to the appellant,
to those entitled to notice of a decision pursuant to other sections
of this chapter by publication in the official newspaper of the municipality
and to the Board from which the appeal is taken at least 10 days prior
to the date of the meeting. The parties may submit oral and written
argument on the record at such meeting, and the Borough Council shall
provide for verbatim recording and transcripts of such meeting pursuant
to this chapter in accordance with N.J.S.A. 40:55D-17.
c.
The Borough Council shall conclude a review of the record below not
later than 95 days from the date of publication of notice of the decision
below unless the appellant consents in writing to an extension of
such period. The appellant shall arrange for a transcript pursuant
to this chapter, or otherwise, for use by the Borough Council. Failure
of the Borough Council to hold a hearing and conclude a review of
the record below and to render a decision within such specified period
without such written consent of the appellant shall constitute a decision
affirming the action of the Board appealed from.
d.
The Borough Council may reverse, remand or affirm, wholly or in part,
or may modify the final decision of the Board of Adjustment, as the
case may be.
e.
The affirmative vote of a majority of the full authorized membership
of the Borough Council shall be necessary to reverse, remand or modify
any final action of the Board.
f.
An appeal to the Borough Council shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the Board from whose action the appeal is taken certifies to
the Borough Council after the notice of appeal shall have been filed
with such Board, that by reason of facts stated in the certificate
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
to the Superior Court on application and upon notice to the Board
from whom the appeal is taken and on good cause shown.
g.
The Borough Clerk shall mail a copy of the decision to the appellant
or if represented then to his attorney, without separate charge, and
for a reasonable charge to any interested party who has requested
it, not later than 10 days after the date of the decision. A brief
notice of the decision shall be published in the official newspaper
of the municipality, if there be one, or in a newspaper of general
circulation in the municipality. Such publication shall be arranged
by the applicant. The period of time in which an appeal to a court
of competent jurisdiction may be made shall run from the first publication.
[1975 Code § 77-10A; Ord. No. 103-78]
Whenever a term is used in this chapter which is defined in
Chapter 291, P.L. of New Jersey, 1975, such term is intended to have
the meaning set forth in the definition of such term found in such
Statute, unless a contrary intention is clearly expressed from the
context of this chapter.
[1975 Code § 77-10B; Ord. No. 103-78]
All sections of the subdivision regulations or any other ordinance
of the Borough of Allentown regarding administration and procedures
which contains provisions at variance to the provisions of this chapter
shall read in pari materia with this chapter and to the extent inconsistencies
remain as to procedure this chapter shall prevail, but to the extent
inconsistencies exist as to substatute content the other ordinance
shall prevail.
[1975 Code § 77-10C; Ord. No. 103-78]
All applications for development filed prior to the effective
date of this chapter may be continued, but any appeals arising out
of decisions made on any such applications shall be governed by the
provisions of Section 27-8 of this chapter where they are already
on appeal as of the effective date of this chapter.
[1975 Code § 77-10D; Ord. No. 103-78]
This chapter shall be known and may be cited as "The Land Use
Procedures Regulations of the Borough of Allentown".
[1975 Code § 77-10E; Ord. No. 103-78]
Immediately upon adoption of this chapter the Borough Clerk
shall file a copy of this chapter with the County Planning Board as
required by law. The Clerk shall also file with the County Planning
Board copies of all other amended ordinances of the municipality relating
to land use, such as the subdivision and zoning regulations.
