Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[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:
i. 
The number of dwelling units and nonresidential floor area permissible under final approval,
ii. 
The number of dwelling units and nonresidential floor area remaining to be developed,
iii. 
Economic conditions, and
iv. 
The comprehensiveness of the development.
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.
c. 
That the proposed use, on-site and off-site structures and improvements meet the requirements of this chapter, Chapter 32, Zoning, Chapter 29, Off-Tract and Off-Site Improvements and Chapter 30, Land Subdivision of the Code of the Borough of Allentown.
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.