[Ord. No. 03-2021 adopted Chapter 28, Land Development Regulations,
which replaced former Chapter 28 containing Land Use Procedures. ]
[Prior histories for former Land Use Procedures include : 1975
Code § 77-1 through § 77-10E; Ord. No. 103-78; Ord. No. 04-81; Ord. No. 05-81; Ord. No. 016-81; Ord. No.
019-85; Ord. No. 010-86; Ord. No. 028-86; Ord. No. 029-86; Ord. No.
06-89; Ord. No. 6-97.]
This chapter shall be known and may be cited as "The Land Development
Regulations of the Borough of Allentown."
Attachment 1 - Appendix A Zoning Map
Attachment 2 - Appendix B Permitted Uses - Historic Business DistrictAttachment 3 - Appendix C Schedule of District RegulationsAttachment 4 - Appendix D Design GuidelinesAttachment 5 - Appendix E-1 Application Form Instructions and InformationAttachment 6 - Appendix E-2 Subdivision Application FormsAttachment 7 - Appendix E-3 Minor and Major Site Plan Application FormsAttachment 8 - Appendix E-4 Variance Application FormsAttachment 9 - Appendix E-5 Application for Zoning Permit
Attachment 2 - Appendix B Permitted Uses - Historic Business DistrictAttachment 3 - Appendix C Schedule of District RegulationsAttachment 4 - Appendix D Design GuidelinesAttachment 5 - Appendix E-1 Application Form Instructions and InformationAttachment 6 - Appendix E-2 Subdivision Application FormsAttachment 7 - Appendix E-3 Minor and Major Site Plan Application FormsAttachment 8 - Appendix E-4 Variance Application FormsAttachment 9 - Appendix E-5 Application for Zoning Permit[Added 4-20-2021 by Ord.
No. 03-2021]
An ordinance to permit within specified districts or zones,
and to regulate therein, buildings and structures according to their
construction and the nature and extent of their use, and the nature
and uses of land in the Borough of Allentown in the County of Monmouth
and State of New Jersey and providing for the administration and enforcement
of provisions herein contained and fixing penalties for the violations
thereof.
[Added 4-20-2021 by Ord.
No. 03-2021]
The intent of this chapter is to establish a specific and detailed
plan for the use of land within the Borough of Allentown based on
the Master Plan as adopted and as it may be amended, and other studies
and findings as adopted by the Planning Board and by the Historic
Preservation Commission.
This chapter is enacted pursuant to the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., to protect and promote public health, safety,
morals, comfort, convenience and the general welfare of the people
and to preserve the historical and cultural character of the Borough
of Allentown.
[Added 4-20-2021 by Ord.
No. 03-2021]
Pursuant to N.J.S.A. 40:55D-2, it is the intent and purpose
of this chapter:
a.
To encourage municipal action to guide the appropriate use or development
of all lands in this State, in a manner which will promote the public
health, safety, morals and general welfare;
b.
To secure safety from fire, flood, panic and other natural and manmade
disasters;
c.
To provide adequate light, air and open space;
d.
To ensure that the development of individual municipalities does
not conflict with the development and general welfare of neighboring
municipalities, the County and the State as a whole;
e.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment;
f.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
g.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens;
h.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
i.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangement;
j.
To promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources in the State
to prevent urban sprawl and degradation of the environment through
improper use of land;
k.
To encourage planned unit developments which incorporate the best
features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development to the particular
site;
l.
To encourage senior citizen community housing construction;
m.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land;
n.
To promote utilization of renewable energy resources; and
o.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to complement
municipal recycling programs.
[Added 4-20-2021 by Ord.
No. 03-2021]
Such regulations are deemed necessary to further the advancement
of the Borough as a social, economic and political unit, to promote
the general welfare of its residents and property owners to also achieve
the following purposes:
a.
Promote Orderly Development. To protect the character and maintain
the stability of residential, business and agricultural areas, to
acknowledge the historically significant planning concepts incorporated
in the Borough's physical design and to continue the planning principles
embodied therein as a guide to the orderly and beneficial development
of the Borough.
b.
Consistency with Master Plan. Based on the objectives of the land
use plan element of the master plan as they may be amended, to designate
appropriate zones or use districts in the Borough for those land uses
and densities most appropriate thereto in order to conserve and enhance
the value of property.
c.
Acknowledge Environmental Constraints. To regulate the character
and intensity of use of zoning lots and within zoning districts consistent
with the findings of the U.S. Conservation Service identifying areas
of extreme wetness, ponding or prone to flooding, poorly or excessively
well drained soils, shallow depth to bedrock, slopes in excess of
15% and other limiting environmental considerations which may be embodied
in state and county regulations.
d.
Accept Regional Regulation. To participate in programs of regional
cooperation, balancing the local share of regional growth with the
Borough's capacity to absorb such growth in an orderly manner.
e.
Regulate Alteration of Existing Buildings. To review and regulate
additions to, and alterations or remodeling of, existing buildings
or structures so as to insure their compliance with the provisions
of this chapter.
f.
Regulate Location of Buildings. To establish building lines and the
location of buildings designed for residential, commercial, manufacturing
or other uses within such lines.
g.
Prohibit Incompatible Uses. To prohibit uses, buildings or structures
which are incompatible with the character of development or the permitted
uses within specified zoning districts.
h.
Consistency of the layout or arrangement of the subdivision or land
development with the requirements of the zoning ordinance.
i.
Streets in the subdivision or land development of sufficient width
and suitable grade and suitability located to accommodate prospective
traffic and to provide access for firefighting and emergency equipment
to buildings and coordinated so as to compose a convenient system
consistent with the official map, if any, and the circulation element
of the master plan, if any, and so oriented as to permit, consistent
with reasonable utilization of land, the buildings constructed thereon
to maximize solar gain; provided that no street of a width of greater
than 50 feet within the right-of-way lines shall be required unless
said street constitutes an extension of an existing street of the
greater width, or already has been shown on the master plan at the
greater width, or already has been shown in greater width on the official
map.
j.
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants.
k.
Suitable size, shape and location for any area reserved for public
use pursuant to N.J.S.A. 40:55D-44 of this act.
l.
Reservation pursuant to N.J.S.A. 40:55D-43 of any open space to be
set aside for use and benefit of the residents of a cluster development
or a planned development, resulting from the application of standards
of density or intensity of land use, contained in the zoning ordinance,
pursuant to N.J.S.A. 40:55D-65.
m.
Regulation of land designated as subject to flooding, pursuant to subsection e. of N.J.S.A. 40:55D-65, to avoid danger to life or property.
n.
Protection and conservation of soil from erosion by wind or water
or from excavation or grading.
o.
Conformity with a municipal recycling ordinance required pursuant
to N.J.S.A. 13:1E-99.16.
p.
Conformity with any access management code adopted by the county
under N.J.S.A. 27:16-1, with respect to any county roads within the
municipality.
q.
Protection of potable water supply reservoirs from pollution or other
degradation of water quality resulting from the development or other
uses of surrounding land areas, which provisions shall be in accordance
with any siting, performance, or other standards or guidelines adopted
therefore by the Department of Environmental Protection.
r.
Conformity with the public safety regulations concerning storm water
detention facilities adopted pursuant to N.J.S.A. 40:55D-95.1 and
reflected in storm water management plans and storm water management
ordinances adopted pursuant to N.J.S.A. 40:55D-93 et al.
s.
Conformity with the model ordinance promulgated by the Department
of Environmental Protection and Department of Community Affairs pursuant
to N.J.S.A. 13:1E-99.13a regarding the inclusion of facilities for
the collection or storage of source separated recyclable materials
in any new multifamily housing development.
[Added 4-20-2021 by Ord.
No. 03-2021; amended 7-6-2021 by Ord. No. 06-2021]
Whenever a term is used in this chapter which is defined in
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., 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.
For the purposes of this chapter, unless otherwise defined in
this chapter for the purpose of a specific section, the following
terms, whether or not capitalized, shall have the meanings ascribed
to them in this chapter. The present tense includes the future and
past; singular includes plural and vice versa; the word "shall" is
mandatory and not discretionary. The inclusion of any definition shall
not create a presumption that the building, structure, area, use or
other thing so defined is a permissible, accessory, conditional or
other use or right.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean a building, structure or use which is customarily
associated with and is subordinate and incidental to the principal
building, structure or use, and which is located on the same lot therewith.
Shall mean an extension in building size, floor area or height.
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.
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.
Shall mean any change or rearrangement in the supporting
members of a building such as walls, foundation, columns, or beams;
or additions to an existing structure requiring walls, foundations,
columns, beams; or in the means of egress; or an enlargement, whether
by extending on a side or by increasing in height or the change in
appearance of the exterior surface of any improvement, or the moving
of a structure from one location to another.
Signed into law on July 26, 1990, the ADA is a wide-ranging
civil rights law that prohibits, under certain circumstances, discrimination
based on disability. It affords similar protections against discrimination
to Americans with disabilities as the Civil Rights Act of 1964, which
made discrimination based on race, religion, sex, national origin,
and other characteristics illegal.
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals) wireless telecommunication
signals or other communication signals.
Shall mean a developer submitting an application for development.
Shall mean the application form, maps and all 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.
Shall mean the planning board of Allentown Borough, unless
a different agency is designated by ordinance when acting pursuant
to the authority of N.J.S.A. 40:55D-1 et seq.
Shall mean the Allentown Borough Planning Board when acting
pursuant to N.J.S.A 40:55D-69.
Shall mean any structure, part of a structure, extension
thereof, or addition thereto, having a roof supported by such things
as columns or walls and intended for the shelter, business, housing
or enclosing of persons, animals, or property adapted to permanent,
or continuous occupancy.
Shall mean the area of a lot covered by buildings measured
on a horizontal plane around the periphery of the foundation(s) and
including the area under the roof of any structure supported by columns,
but not having walls, as measured around the extremities of the roof
above the columns.
Shall mean the vertical distance measured to the highest
point of a structure or building and measured from a mean elevation
of the finished grade five feet away from the foundation in the front
yard. On a corner lot, the height shall be measured on the street
having the greatest slope.
See "Principal Use."
Shall mean any licensed person or entity that grows, cultivates,
or produces cannabis in this State, and sells, and may transport,
this cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers, or cannabis retailers,
but not to consumers.
[Added 7-6-2021 by Ord.
No. 06-2021]
Shall mean any licensed person or entity that transports
cannabis in bulk intrastate from one licensed cannabis cultivator
to another licensed cannabis cultivator, or transports cannabis items
in bulk intrastate from any one class of licensed cannabis establishment
to another class of licensed cannabis establishment, and may engage
in the temporary storage of cannabis or cannabis items as necessary
to carry out transportation activities.
[Added 7-6-2021 by Ord.
No. 06-2021]
Shall mean any licensed person or entity that processes cannabis
items in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-6-2021 by Ord.
No. 06-2021]
Shall mean any licensed person or entity that purchases or
otherwise obtains usable cannabis from cannabis cultivators and cannabis
items from cannabis manufacturers or cannabis wholesalers, and sells
these to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers.
[Added 7-6-2021 by Ord.
No. 06-2021]
Shall mean any licensed person or entity that purchases or
otherwise obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 7-6-2021 by Ord.
No. 06-2021]
Shall mean a governmental acquisition of real property or
major construction project.
Shall mean a portion of a building having at least half its
clear height below average contact grade around the periphery of the
foundation.
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highways, towers, pipes and conduits, and the
handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. Common open
space may contain such complementary structures and improvements as
are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
Shall mean the increase in soil bulk density.
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 Planning Board.
Shall mean a "conservation restriction" as defined in N.J.S.A.
13:8B-2.
Shall mean the officer appointed pursuant to law to administer
and enforce the State Uniform Construction Code, which person may
be an employee of the state or any political subdivision thereof.
Shall mean a composite of the master plan for the physical
development of the county in which the municipality is located, with
the accompanying maps, plats, charts and descriptive and explanatory
matter adopted by the Monmouth County Planning Board pursuant to N.J.S.A.
40:27-2 and N.J.S.A. 40:27-4.
Shall mean the Monmouth County Planning Board, as defined
in section 1 of N.J.S.A. 40:27-6.1.
Shall mean the agency designated by the Monmouth County Board
of County Commissioners to review municipal stormwater management
plans and implementing ordinance(s). The County Review Agency for
Monmouth County is the Monmouth County Planning Board.
Shall mean calendar days.
Shall mean the permitted number of dwelling units per gross
area of land that is the subject of an application for development,
including noncontiguous land, if authorized by Borough ordinance or
by a planned development.
Shall mean a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Shall mean a State Development and Redevelopment Plan Center
as designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
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.
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 in accordance
with N.J.S.A. 40:55D-1 et seq.
Shall mean the maximum number of dwelling units or square
feet of nonresidential floor area that may be constructed on a specified
lot or in a specified zone under the master plan and land use regulations
in effect on the date of the adoption of the development transfer
ordinance or on the date of the adoption of the ordinance authorizing
noncontiguous cluster, and in accordance with recognized environmental
constraints.
Shall mean a zoning ordinance, subdivision ordinance, site
plan ordinance, official map ordinance or other Borough regulation
of the use and development of land, or amendment thereto adopted and
filed pursuant to N.J.S.A.40:55D-1 et seq.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control of runoff
during and after construction or development to minimize erosion and
sedimentation, to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
to lessen nonpoint pollution, to maintain the integrity of stream
channels for their biological functions as well as for drainage, and
the means necessary for water supply preservation or prevention or
alleviation of flooding.
Shall mean a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving water body
or to a particular point along a receiving water body.
Shall mean the land required for the installation and maintenance
of storm water facilities and areas required along a stream for the
purposes of access and maintenance to preserve any channel and facilities
providing for the flow of water in accordance with Chapter One of
Title 58 of the revised statutes, as amended.
Shall mean an area used for parking of vehicles, or for ingress
and egress of vehicles from a parking area, which provides direct
access from a public street to a building or other structure or facility;
provided that no area in which parking for a nonresidential principal
use is permitted shall be considered a driveway.
Shall mean a building which is designed or used exclusively
as the living quarters for one or more housekeeping units.
Shall mean a room or series of connected rooms containing
living, cooking, sleeping and sanitary facilities for one housekeeping
unit. The dwelling unit shall be self-contained and shall not require
the use of outside stairs, passing through another dwelling unit,
or other indirect route(s) to get to any portion of the dwelling unit,
nor shall one dwelling unit require shared facilities with another
dwelling unit.
Shall mean a building detached from another building and
occupied or intended to be occupied for residence purposes by one
housekeeping unit and which has its own cooking, sleeping, sanitary
and general living facilities.
Means a building containing more than one dwelling attached
only by a common wall or walls, but not stacked in a manner that individual
dwelling units are located above or below other dwelling units.
Shall mean the Allentown Borough Environmental Commission
created pursuant to N.J.S.A. 40:56A-1 et seq.
Shall mean an area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the N.J.D.E.P. Landscape
Project as approved by the N.J.D.E.P. Endangered and Nongame Species
Program.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean a group of persons who live together in a dwelling
unit as a single nonprofit and noncommercial housekeeping unit of
indefinite duration, sharing cooking, dining, and general living facilities.
Shall mean the Federal Communications Commission.
Shall mean the official action of the planning board taken
on a preliminarily approved major subdivision or site plan, after
all conditions, engineering plans and other requirements have been
completed or fulfilled and the required improvements have been installed
or guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
Shall mean the relatively flat area adjoining a stream, which
has been or may be hereafter covered by flood waters of the stream.
The flood plain encompasses the flood way and the flood hazard area.
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of land that is the subject
of an application for development, including noncontiguous land, if
authorized by Borough ordinance or by a planned development.
Shall mean any and all Borough improvements or property,
no part of which cost has been or is to be specially assessed on property,
including the property of the developer, other than as provided for
in this chapter.
Shall mean the Mayor and Borough Council of Borough of Allentown.
Shall mean:
Shall mean the sum of the area of each story measured around
the outside dimension of the building. The gross floor area of units
sharing a common wall shall be measured from the center of interior
walls and the outside of exterior walls. In residential uses, the
gross floor area shall exclude the area of the garage, attic, open
porch or patio, cellar, utility areas, heating and cooling rooms,
and all portions of floor areas which have a ceiling height above
them of less than 7.5 feet. In non-residential structures, the gross
floor area shall exclude areas used for utility and heating and cooling
and other mechanical equipment, but shall include all other areas
including cellar and warehousing and storage areas.
See Historic Preservation, Definitions (§ 28-16.2).
Shall mean any structure situated on property included in
the National Register Inventory list of the Borough of Allentown,
as contained in the Allentown Borough Master Plan adopted June 4,
2018, as may be amended.
Shall mean any profession, trade or other endeavor carried
on for profit in a dwelling unit which use is clearly incidental and
secondary to the use of the principal structure as a dwelling, gives
no external evidence of non-residential use, involves no more than
one employee, generates no nuisance factors and does not require more
parking at any given time than for two vehicles.
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
Shall mean any structure or any part thereof installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation.
Shall mean the process by which water seeps into the soil
from precipitation.
Shall mean a use which is universally considered of value
to the community because it fundamentally serves the public good and
promotes the general welfare. Such a use includes, but is not limited
to, a hospital, school, child care center, group home, or a wind,
solar or photovoltaic energy facility or structure.
Shall in the case of a civil proceeding in any court or in
an administrative proceeding before a Borough agency, any person,
whether residing within or without the Borough, whose right to use,
acquire, or enjoy property is or may be affected by any action taken
under N.J.S.A. 40:55D-1 et seq. or whose rights to use, acquire, or
enjoy property under N.J.S.A. 40:55D-1 et seq., or under any other
law of this State or of the United States have been denied, violated
or infringed by an action or a failure to act under N.J.S.A. 40:55D-1
et seq.
Shall mean the use of 100 square feet of any area of land,
with or without buildings, regardless of size, devoted to the storage,
keeping, scrapping or abandonment of junk, scrap, waste, reclaimable
material or debris, whether or not it is in connection with the dismantling,
processing, salvage, baling, sale or other use or disposition thereof,
including by way of illustration but not of limitation: unregistered
vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass,
or plastic, old household appliances or furniture, brush, and any
stumps or other debris.
Shall mean land and includes improvements and fixtures on,
above or below the surface.
Shall mean an improvement on property, part or all of which
cost has been or is to be specially assessed on property, including
that of the developer, as provided for in this chapter.
Shall mean any utility not regulated by the Board of Regulatory
Commissioners under Title 48 of the Revised Statutes that provides
gas, electricity, heat, power, water or sewer service to the Borough
or the residents thereof.
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. Contiguous undersized parcels under one ownership
are considered one lot.
Shall mean the area of a lot covered by buildings and paved
surfaces.
Shall mean the shortest horizontal distance between the front
lot line and a line drawn parallel to the front line through the midpoint
of the rear lot line.
Shall mean the horizontal distance between the side lot lines
measured along the street line. The minimum lot frontage shall not
be less than 75% of the required minimum lot width.
Shall mean any line forming a portion of the exterior boundary
of a lot and is the same line as the street line for that portion
of a lot abutting a street. Lot lines extend vertically in both directions
from ground level.
Shall mean the straight and horizontal distance between side
lot lines measured at setback points on each side lot line. The minimum
lot width shall be measured at the minimum building setback line.
Shall mean a lot on the junction of two or more intersecting
streets where the interior angle of the intersection does not exceed
135°.
Shall mean any security in form and substance similar to
a performance guarantee, including but limited to surety bonds, letters
of credit, and 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 and N.J.S.A. 40:55 D-53.5.
Shall mean any "development" that provides for ultimately
disturbing one or more acres of land. Disturbance for the purpose
of this rule is the placement of impervious surface or exposure and/or
movement of soil or bedrock or clearing, cutting, or removing of vegetation.
Shall mean any site plan that is not defined as a minor site
plan.
Shall mean any subdivision not classified as a minor subdivision.
Any proposed subdivision which would otherwise qualify as a minor
subdivision shall be classified as a major subdivision if the subdivision
under consideration represents a further subdivision of an original
tract of land for which a previous minor subdivision has been approved
by the Planning Board and the combination of the proposed and approved
minor subdivision shall constitute a major subdivision.
Shall mean a composite of one or more written or graphic
proposals for the development of the Borough as set forth in Municipal
Land Use Law, N.J.S.A. 40:55D-28.
Shall mean an organization issued a permit, including a conditional
permit, by the State to operate as a medical cannabis cultivator,
medical cannabis manufacturer, medical cannabis dispensary, or clinical
registrant.
[Added 7-6-2021 by Ord.
No. 06-2021]
Shall mean an organization holding a permit issued by the
State that authorizes the organization to: possess and cultivate cannabis
and deliver, transfer, transport, distribute, supply, and sell medical
cannabis and related supplies to other medical cannabis cultivators
and to medical cannabis manufacturers, clinical registrants, and medical
cannabis dispensaries, as well as to plant, cultivate, grow, and harvest
medical cannabis for research purposes.
[Added 7-6-2021 by Ord.
No. 06-2021]
Shall mean an organization issued a permit by the State that
authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries and from clinical registrants; deliver,
transfer, transport, distribute, supply, and sell medical cannabis
and medical cannabis products to other medical cannabis dispensaries;
furnish medical cannabis, including medical cannabis products, to
a medical cannabis handler for delivery to a registered qualifying
patient, designated caregiver, or institutional caregiver; and possess,
display, deliver, transfer, transport, distribute, supply, sell, and
dispense medical cannabis, medical cannabis products, paraphernalia,
and related supplies to qualifying patients, designated caregivers,
and institutional caregivers.
[Added 7-6-2021 by Ord.
No. 06-2021]
Shall mean an organization issued a permit by the State that
authorizes the organization to: purchase or obtain medical cannabis
and related supplies from a medical cannabis cultivator or a clinical
registrant; purchase or obtain medical cannabis products from another
medical cannabis manufacturer or a clinical registrant; produce, manufacture,
or otherwise create medical cannabis products; and possess, deliver,
transfer, transport, distribute, supply, and sell medical cannabis
products and related supplies to medical cannabis manufacturers and
to medical cannabis dispensaries and clinical registrants.
[Added 7-6-2021 by Ord.
No. 06-2021]
Shall mean:
A site plan for construction of an addition or modification
to an existing building, which addition or alteration:
Shall not exceed 1,500 square feet in floor area.
Shall not result in the addition of more than five parking spaces.
Shall not involve any change of use or require a use variance,
encroach into any required front, side or rear yard or exceed minimum
or maximum design standards contained in this chapter.
No development, including parking spaces, shall encroach into
any buffer, landscape area, drainage area, wetlands area or open space
required by this chapter or designated for such purpose(s) on a previously
approved site plan or subdivision plan or other approved by the Planning
Board.
There shall be no alterations of the existing drainage involving
construction of, addition or modification to, site grading or addition
of parking spaces and/or aisles which, in the written opinion of the
Borough Engineer, would substantially change the direction or quantity
of storm drainage or surface water flow.
The proposed addition or alteration shall not violate any requirements
of the Borough Land Development Regulations or other ordinances of
the Borough nor any condition of a previously approved site plan.
The total disturbed area of the site shall not exceed 5,000
square feet or require Soil Conservation Service approval.
Shall mean any subdivision containing not more than two lots
plus the remainder fronting on an existing street approved to Borough
standards, not involving any planned development, a new street or
road, the extension of a street or road and/or municipal facilities
or an extension of any off-tract improvement the cost of which shall
be pro-rated pursuant to the Borough Code and not adversely affecting
the development of the remainder of the parcel of adjoining property.
In addition thereto, all "cluster developments" as defined by the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., where subdivision
or resubdivision approval is required shall be major subdivisions.
Shall mean the Borough of Allentown Planning Board when acting
pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean a person who is domiciled in the Borough of Allentown.
Shall mean the Borough of Allentown.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean a building or structure the size, dimension or
location of which was lawful prior to the adoption, revision or amendment
of a zoning ordinance, but which fails to conform to the requirements
of the zoning district in which it is located by reasons of such adoption,
revision or amendment.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of a zoning
provision of this chapter, but fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of a zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reasons of such adoption, revision or amendment.
A building, site, structure or object that does not add to
the historic architectural qualities, historic associations or archaeological
values for which a property is significant. A building can be noncontributing,
if it was not present during the period of significance, if it was
altered, disturbed or modified in a manner that eliminates its character
defining features, as a result of which it is incapable of yielding
important information about the period; it does not independently
meet the National Register criteria.
The North American Industry Classification System (NAICS)
is the standard used by Federal statistical agencies in classifying
business establishments for the purpose of collecting, analyzing,
and publishing statistical data related to the U.S. business economy.
This official U.S. Government Web site https://www.census.gov/eos/www/naics/provides
the latest information on plans for NAICS revisions, as well as access
to various NAICS reference files and tools.
Shall mean an offensive, annoying, unpleasant or obnoxious
occurrence or practice resulting in a continued or repeated invasion
of the rights of neighboring residents by virtue of being discernible
beyond the property line in excess of commonly accepted standards
or usages; such occurrences, practices or factors include the following:
Noise.
Dust.
Fumes and odors.
Smoke.
Glare.
Vibration.
Objectionable effluent.
Vehicular movement.
Debris.
On-street parking beyond property line.
Open storage, emplacement or display in front or side yards
of objects doing injury to the residential character of a residence
district; such objects may include, but are not limited to, litter,
surplus building materials or household goods.
Shall mean a chemical element or compound, such as nitrogen
or phosphorus, which is essential to and promotes the development
of organisms.
Shall mean located outside the proposed lot lines of the
lot or lots in question pursuant to the application for development,
but within the property (of which the development lots are a part)
which is the subject of a development application or a contiguous
portion of a street or right-of-way.
Shall mean one or more areas provided on the lot of the principal
use for parking and loading. Each space shall have access from an
interior driveway and shall be located so that no other vehicle must
be moved in order to gain access to the space. No off-street parking
or loading space shall have direct access from a public street. All
off-street parking and loading spaces shall be located so that no
vehicle waiting to be loaded or unloaded, maneuvering, or parked shall
interfere with any parking or loading space, sidewalk, street and/or
fire lane.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean improvements that are necessary beyond the tract
being developed in order to accommodate the impact of the development.
Shall mean a building in which customary administrative,
managerial and technical activities, including research and development,
take place, but where no manufacturing, assembly or fabrication takes
place, and where storage is limited to that amount of space directly
required by the principal uses of the building.
Shall mean the Office of State Planning established pursuant
to section 6 of P.L. 1985, c.398 (N.J.S.A.52:18A-201) and transferred
to the Department of State pursuant to Governor Christie's Reorganization
Plan No. 002-2011, effective August 28, 2011.
Shall mean a map adopted by ordinance pursuant to Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., or any other prior act authorizing
such adoption.
Shall mean located on the present or proposed lot or lots
in question, excluding any abutting street or right-of-way, for which
the application for development is being made,
Shall mean located on the property which is the subject of
a development application or on the closest half of an abutting street
or right-of-way, specifically including the total land encompassed
and defined herein as on-site and off-site.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land or support its
use for recreation and conservation purposes.
Shall mean the repair of any deterioration, wear or damage
to a structure or any part thereof in order to return the same as
nearly as practicable to its condition prior to the occurrence of
such deterioration, wear, or damage with in-kind material and quality
workmanship. Ordinary maintenance shall further include in-kind replacement
of exterior elements or accessory hardware, including signs, using
the same materials and workmanship and having the same appearance.
Shall mean an area used for parking of vehicles and linked
to a public street by a driveway, or with respect to any non-residential
principal use, any area in which parking for that use is permitted.
Shall mean an area either within a structure or in the open,
for the parking of motor vehicles. The area of a parking space shall
accommodate the exterior extremities of the vehicle, whether in addition
thereto wheel blocks are installed within the space.
Shall mean for purposes of notice any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice under N.J.S.A. 40:55D-12.
Shall mean any security which may be accepted by the Borough
in a form and manner of execution acceptable to the Borough Attorney,
including performance bonds, cash deposits not exceeding 10% of the
total performance guarantee, escrow agreements and other similar collateral
or surety agreements to guarantee the installation of required improvements
and in an amount sufficient, allowing for inflationary cost increases
in accordance with N.J.S.A. 40:55D-53.5, to enable the Borough to
complete the guaranteed improvements in the event of the default of
a developer.
Shall mean any use of land or buildings permitted by this
chapter.
Shall mean any individual, corporation, company, partnership,
firm, association, Borough of Allentown, or political subdivision
of this State subject to Borough jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
Shall mean the Allentown Borough Planning Board established
pursuant N.J.S.A. 40:55D-23.
Shall mean a map or maps of a subdivision or site plan.
Shall mean any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, ground waters or surface waters
of the State, or to a domestic treatment works. "Pollutant" includes
both hazardous and non-hazardous pollutants.
Shall mean the conferral of certain rights pursuant to N.J.S.A.40:55D-46;
N.J.S.A. 40:55D-48; and N.J.S.A. 40:55D-49 prior to final approval
after specific elements of a development plan have been agreed upon
by the Planning Board and the applicant.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project illustrating in a schematic
form, its scope, scale and relationship to its site and immediate
environs.
Shall mean the main purpose for which any lot and/or building
is used in accordance with this chapter.
Shall mean any non-public educational institution, including
day care centers, nurseries, kindergartens, primary and secondary
schools, higher education facilities, and facilities for specialized
professional, artistic and technical training.
Shall mean the act or process of applying measures designed
to affect the physical condition of a property by defending or guarding
it from deterioration, loss or attack, or to cover or shield the property
from danger or injury.
Shall mean: a. public parks, playgrounds, trails, paths and
other recreational areas; b. other public open spaces; c. scenic and
historic sites; and d. sites for schools and other public buildings
and structures.
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of storm water sewers or drainage ditches, or required along a natural
stream or watercourse for preserving the biological as well as drainage
function of the channel and providing for the flow of water to safeguard
the public against flood damage, sedimentation and erosion and to
assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, and to lessen
nonpoint pollution.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, board of education, State or
county agency, or other public body for recreation and conservation
purposes.
Shall mean any public utility regulated by the Board of Regulatory
Commissioners and defined pursuant to N.J.S.A. 48:2-13.
Shall mean the majority of the full authorized membership
of a municipal agency.
Shall mean the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Shall mean the act or process of reproducing by new construction
the exact form and detail of a vanished or non-surviving building,
structure or object, or any part thereof, as it appeared at a specific
period of time when documentary and physical evidence is available
to permit accurate reconstruction.
Shall mean "recreation and conservation purposes" as defined
in N.J.S.A. 13:8C-3.
Shall mean the act or process of returning a property to
a state of utility through repair or alteration which makes possible
an efficient contemporary use while preserving those portions or features
of the property which are significant to its historical, architectural
and cultural values.
Shall mean any work done on an improvement that is not an
addition and does not change the exterior appearance of any improvement;
provided, however, that any such repairs must be done with materials
and workmanship of the same quality.
Shall mean the act or process of accurately recovering the
form and details of a property and its setting as it appeared at a
particular period of time by means of the removal of later work or
by the replacement of missing earlier work.
Shall mean: a. 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 b. 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 so as to combine them into one lot under a common ownership
so long as only one use exists on the combined lot.
Shall mean the total width of property along a street, watercourse,
utility alignment, or other way and within which all improvements
and rights of access are confined.
Shall mean any material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
Shall mean the deposition of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Any land and buildings where motor fuel, lubricants, and
miscellaneous accessories for motor vehicles are sold and dispensed
and where services are rendered for engine and mechanical repairs,
but where no vehicular painting and/or body work is done.
Shall mean a line drawn parallel to a street line or lot
line and drawn through the point of the building nearest to the street
line. The minimum yard requirements for principal and accessory buildings
shall be the minimum required setback measured horizontally from the
street line or lot line and beyond which any part of a building is
not permitted to extend.
Shall mean the prevention, elimination, reduction or blocking
of all nuisance factors by whatever means necessary, including, but
not limited to buildings, structures, enclosures, mufflers, scrubbers,
precipitators, landscaping, fencing, walls, barriers, earthworks,
relocation of equipment, etc.
Shall mean grant(s) to the Borough of Allentown sufficient
to permit the Borough to fulfill the intent and purpose of the easement
as provided for in the site plan review section of this chapter.
Shall mean any announcement, declaration, display or illustration
used to advertise any person or product when located to be seen by
the general public from any street or public way.
Shall mean a facility through which storm water is directed
and which is designed to collect silt and eroded soil from a designated
area.
Shall mean a dwelling unit containing living accommodations
for a single family not attached to any other principal structure,
and located on a tax lot containing no other principal structure.
Shall mean a dwelling unit containing accommodations for
a single family attached to another single family residential structure
by a single common party wall located on the boundary line of the
tax lot on which the structure is located.
Shall mean the lot or lots upon which a major development
is to occur or has occurred.
Shall mean a development plan of one or more lots on which
is shown a. the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways; b. the location of all existing and
proposed buildings, drives, parking spaces, walkways, means of ingress
and egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices; and c. any other information
that may be reasonably required in order to make an informed determination
pursuant to an ordinance requiring review and approval of site plans
by the planning board adopted pursuant to article 6 of N.J.S.A. 40:55D-1
et seq.
Shall mean the examination of specific development plans
for a lot. Wherever the term "site plan approval" is used in this
chapter, it shall be understood to mean site plan review and approval
by the Planning Board,
Shall mean all unconsolidated mineral and organic material
of any origin.
Shall mean any system which uses solar energy to provide
all or a portion of the heating, cooling, or general energy needs
of a dwelling unit, including, but not limited to, nocturnal heat
radiation, flat plate or focusing solar collectors, or photovoltaic
solar cells.
Shall mean standards: a. adopted by ordinance pursuant to
N.J.S.A. 40:55D-65d regulating noise levels, glare, earthborn or sonic
vibrations, heat, electronic or atomic radiation, noxious odors, toxic
matters, explosive and inflammable matters, smoke and airborne particles,
waste discharge, screening of unsightly objects or conditions and
such other similar matters as may be reasonably required by the Borough;
or b. required by applicable federal or State laws or Borough ordinances.
Shall mean an area delineated on the State Plan Policy Map
and adopted by the State Planning Commission as a "village" defined
as compact, primarily residential communities that offer basic consumer
services for their residents and nearby residents.
Shall mean the geographic application of the State Development
and Redevelopment Plan goals and statewide policies, and the official
map of these goals and policies.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment. Stormwater
runoff means water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
Shall mean an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management basin
may either be normally dry (that is, a detention basin or infiltration
basin), retain water in a permanent pool (a retention basin), or be
planted mainly with wetland vegetation (most constructed stormwater
wetlands).
Shall mean any structural or nonstructural strategy, practice,
technology, process, program, or other method intended to control
or reduce stormwater runoff and associated pollutants, or to induce
or control the infiltration or groundwater recharge of stormwater
or to eliminate illicit or illegal nonstormwater discharges into stormwater
conveyances.
Shall mean that portion of a building comprised between a
floor and the floor or roof next above it. A half story is a story
at the top of a building, the area of which is less than the area
of the story below it, and the height of which shall not be less than
7.5 feet above at least 1/3 of the area of the floor when the room
is used for sleeping, study or similar activity.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way: a. which is an existing State, County
or Borough roadway; or b. which is shown upon a plat heretofore approved
pursuant to law; or c. which is approved by official action pursuant
to the Municipal Land Use Law (N.J.S.A. 40:55D-1.1) et seq., as amended;
or d. a street or way, 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.
Street classifications shall be those set forth in the adopted Borough
and Monmouth County Master Plans for streets under their respective
jurisdictions.
Shall mean the edge of the street right-of-way forming the
dividing line between the street and a lot.
Shall mean the visual character of the street, including,
but not limited to, the architecture, building setbacks and height,
fences, storefronts, signs, lighting, parking areas, materials, color,
sidewalks, curbing and landscaping.
Shall mean a combination of materials to form a construction
of occupancy use or ornamentation whether installed on, above or below
the surface of a parcel of land. The word "structure" shall also include
any building or improvement with a roof.
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 N.J.S.A. 40:55D-1 et seq. if no new streets
or the extension of Borough improvements are involved:
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.
Divisions of property by testamentary or intestacy provisions.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Conveyances so as to combine existing contiguous lots by deed
or other recorded instrument into common ownership.
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 Borough to conform to the requirements
of all Borough development regulations that are shown and designated
as separate lots, tracts or parcels on the Official Tax Map of the
Borough.
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The term "subdivision" shall also include the term "resubdivision."
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A process of identifying and gathering data on a community's
historic resources. It includes a field survey which is the physical
search for and recording of historic resources on the ground, preliminary
planning and background research before the field survey begins, organization
and presentation of survey data as the survey proceeds, and the development
of inventories.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
Shall mean a facility constructed above or below ground having
a depth of more than two feet and/or a water surface of 100 square
feet or more and designed and maintained for swimming purposes. Swimming
pools shall include all buildings, structures, equipment and appurtenances
thereto.
Shall mean swimming pools that are not permanently installed
and do not require water filtration, circulation and purification;
do not exceed two feet in depth; do not exceed a water surface area
of 100 square feet; and do not require braces or supports.
See "Wireless Telecommunications Tower."
Shall mean when referring to a wireless telecommunications
tower or other structure, tower height is the distance measured from
the finished grade to the highest point of the tower or other structure,
including the base pad and any antenna. (See also the definition of
"Building Height").
Shall mean a dwelling unit containing living accommodations
for a single family which is part of a row of three or more connected
single family units, where each unit is separated from the others
by vertical party walls with no unit above or below another unit,
contains an individual front door leading outside, and can be subdivided
from the other units in the row in order to provide for separate ownership.
Shall mean an area of land comprised of one or more lots
having sufficient dimensions and area to meet the requirements of
this chapter for the uses(s) intended.
Shall mean a typed or printed verbatim record of the proceedings
or reproduction thereof.
Shall mean services provided to a use by either the Borough
or by a utility company operating under the jurisdiction of the New
Jersey Board of Public Utilities, including services such as, but
not limited to, sewage treatment, water supply, gas, electric, and
telephone.
Shall mean permission to depart from the literal requirements
of a zoning ordinance pursuant to N.J.S.A. 40:55D-60 and N.J.S.A.
40:55D-70 subsections c and d.
Shall mean the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or ground water, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Shall mean an area that is inundated or saturated by surface
water or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
Shall mean a facility or structure for the purpose of supplying
electrical energy produced from wind, solar, or photovoltaic technologies,
whether such facility or structure is a principal use, a part of the
principal use, or an accessory use or structure.
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
Shall mean the required open space on a lot along the lot
lines. A yard shall be unobstructed from the lowest level to the sky
except for certain permitted obstructions.
Shall mean a yard extending along a front lot line between
side yard lines or, in the case of attached houses, between a side
lot line and a side yard line.
Shall mean a yard extending along a rear lot line between
side yard lines or, in the case of attached houses, between a side
lot line and a side yard line.
Shall mean a yard extending along a side lot line from the
front lot line to the rear lot line. In the case of a corner lot,
the yard which is not a front yard shall be considered a side yard.
Shall mean the official Zoning Officer of the Borough of
Allentown, or in his absence the Assistant Zoning Officer, appointed
by the Borough Council.
Shall mean a permit stating that the purpose for which a
building or land is to be used is in conformity with the uses permitted
and all other requirements under this chapter for the zone in which
it is located or to be located.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
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 § 28-4.15 of this chapter.
[Added 4-20-2021 by Ord.
No. 03-2021]
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 Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., may,
after a public hearing if he requests one, be removed by the Borough
Council for cause.
[Added 4-20-2021 by Ord.
No. 03-2021]
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 when the Planning Board 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 when the Planning Board 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 a Planning Board by subsection 28-4.4b of this chapter and to grant permits in lieu of a 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 Borough Council 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
Borough 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 Borough 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 Borough Council for the aid and assistance of
the Borough Council or other Borough agencies or officers.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
The Allentown Borough Planning Board, in accordance with N.J.S.A.
40:55D-25, Powers of a Planning Board, shall exercise, to the same
extent and subject to the same restrictions, all the powers of a board
of adjustment; but the Class I and the Class III members shall not
participate in the consideration of applications for development which
involve relief pursuant to subsection d. of N.J.S.A. 40:55D-70.
b.
The Planning Board 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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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 Planning Board 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 Borough Master Plan.
6.
To refer an application for development before the Board to any appropriate
person, agency, board, commission, committee, authority or other Borough
or other governmental instrumentality for review and recommendation.
7.
Approval in conjunction with variance application; conditions for
separate approvals.
(a)
Where an original application for development requires a variance
pursuant to paragraph b4 above and this chapter requires the applicant
to also obtain subdivision, site plan or conditional use approval,
the Planning Board may grant the subdivision, site plan or conditional
use approval in conjunction with the variance application, after referring
the application 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.
(b)
Where an applicant for development elects to submit a separate
application for the variance pursuant to paragraph b4 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 Planning Board. 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 b4 hereof, but rather by the vote required normally
by the ordinance to grant other variances, subdivision, site plan
or conditional use approval.
8.
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.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Appeals to the Planning Board may be taken by any interested party
affected by any decision of an administrative officer of the Borough
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
Planning Board 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.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
The Planning Board, when acting as a 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 Planning Board. Notwithstanding
the above, where separate and subsequent applications are filed pursuant
to § 28-4.4b.7(b) 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 therefore
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 Planning Board 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 Planning Board, 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.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
The Planning Board 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 Planning Board 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
Planning Board 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 Planning Board and of the persons appearing by attorney, the action
taken by the Planning Board, 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 Planning Board, 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 Borough ordinances, for reproduction
of the minutes for his use.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
The Planning Board shall hold a public hearing on each application for development or appeal; adoption, revision or amendment of the master plan; each application for approval of an outdoor advertising sign submitted to the Borough agency as required pursuant to an ordinance adopted under subsection g. of section N.J.S.A..40:55D-39 or any review undertaken by a Planning Board pursuant to N.J.S.A. 40:55D-31.
b.
The Planning Board 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 Borough Hall as the Planning Board 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 and the provisions of the "County and Municipal Investigations
Law," N.J.S.A..2A:67A-1 et seq. shall apply.
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 Planning Board may take or limit testimony and exclude
irrelevant, immaterial or unduly repetitious evidence at the public
hearing or when rendering its decision.
f.
The Planning Board shall provide for the verbatim recording of the
proceedings at public hearings by either stenographic, mechanical
or electronic means. The Planning Board shall furnish a transcript,
or duplicate recording in lieu thereof, on request of any interested
party at his expense in accordance with the fee schedule established
by the Borough Council. Transcripts shall be certified in writing
by the transcriber to be accurate.
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.
3.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Borough agency voted to grant or deny approval. Only the members of the Borough agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Borough agency and not to be an action of the Borough agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by subsections h and i of N.J.S.A.40:55D-10. If the Borough agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Borough agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the Borough.
h.
A copy of the decision shall be mailed by the Planning Board 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 Planning Board 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 Borough Code, 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 Borough or in a newspaper of general circulation
in the Borough. Such publication shall be arranged by the applicant
or appellant. The period of time in which an appeal of the decision
may be made shall run from the first publication of the decision,
whether arranged by the Borough or the applicant.
j.
At the request of the developer, the planning board shall grant an
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The amount of any fees for such an informal review shall be a credit
toward fees for review of the application for development. The developer
shall not be bound by any concept plan for which review is requested,
and the planning board shall not be bound by any such review.
[Added 4-20-2021 by Ord.
No. 03-2021]
Notices pursuant to this chapter shall state the date, time
and place of the public hearing, the name of the Planning Board hearing
the application or appeal, a statement or statements specifying the
nature of all classes of matters to be considered by the Planning
Board 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 Planning
Board.
[Added 4-20-2021 by Ord.
No. 03-2021]
Public notice in accordance with the provisions of N.J.S.A. 40:55D-12 and in accordance with § 28-4.11 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.
[Added 4-20-2021 by Ord.
No. 03-2021]
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 § 28-4.10 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 Borough or in a newspaper of general circulation in the Borough
at least 10 days prior to the public hearing. Proof of publication
shall be presented to the Planning Board 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
Monmouth 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.
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.
f.
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.
g.
Upon the prepayment of the fees provided for by ordinance to the
Borough, the secretary of the Planning Board will arrange for the
preparation and publishing of the notice by publication, and on any
notices published by the Planning Board, a proof of publication or
certification of publication shall be filed with the Planning Board
by the secretary of the Planning Board. In preparing the notice of
publication, the secretary of the Planning Board 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 Planning Board
from denying that sufficient legal notice has been given.
h.
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 Planning Board.
i.
New public notice, by publication only, will be required in any of
the following situations:
1.
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
2.
Where the developer has requested or consented to an extension of
time for approval by the Planning Board, and approval of the application
is considered at a special meeting of the Planning Board which is
not the next regularly scheduled meeting of the Planning Board, or
3.
Where the plans as submitted or resubmitted by the applicant are
so substantially different from the original plans filed by the applicant,
that the Planning Board deems that new public notice is required in
the best interest of the public, or
4.
Where an application for development originally filed with one Planning
Board is transferred to another Planning Board for preliminary or
final approval purposes, and the original public notice named the
transferrer Planning Board, or cases the Planning Board may require
public notice by personal service or certified mail in addition to
notice by publication.
5.
In such other cases where the Planning Board 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.
[Added 4-20-2021 by Ord.
No. 03-2021]
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 27-4.11. b. 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 $0.25 per name, or $10,
whichever is greater, may be charged for such list.
[Added 4-20-2021 by Ord.
No. 03-2021]
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 (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 Borough will be adequately protected.
No decision or approval shall be rendered by the Borough Agency except
in accordance herewith.
[Added 4-20-2021 by Ord.
No. 03-2021]
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.
[Added 4-20-2021 by Ord.
No. 03-2021]
Every application for development shall be accompanied by a
check payable to the "Borough of Allentown" in accordance with the
following schedule:
a.
Fee Schedule.
|
Type
|
Application Charge
|
Escrow Plus Account
|
|---|---|---|
|
Subdivisions:
| ||
|
Informal concept (without professional review)
|
$500 (to be applied toward future formal application)
| |
|
Minor
|
$200
|
$1,500
|
|
Informal concept (with professional review)
|
1/2 preliminary plat fee
|
1/2 escrow for preliminary plat
|
|
Preliminary plat
|
$250 plus $10 per lot
|
$3,500
|
|
Final plat
|
$250 plus $10 per lot ($200 minimum)
|
$2,000
|
|
Site Plans:
| ||
|
Informal concept (without professional review)
|
$500 (to be applied toward future formal application)
|
1/2 of escrow fee for preliminary plat/plan
|
|
Minor plan
|
$100
|
$750
|
|
Informal concept (with professional review)
|
1/2 preliminary plat fee
|
$1,000
|
|
Preliminary plan
|
$250 per acre or $10 per each 1,000 square feet of gross floor
area proposed, whichever is greater ($250 minimum)
|
$3,500 minimum
|
|
Final plat
|
$150 per acre or $10 per each 1,000 square feet of gross floor
area proposed, whichever is greater ($750 minimum)
|
$50 per acre or $50 per each 1,000 square feet of gross floor
area proposed, whichever is greater ($2,000 minimum)
|
|
Informal concept plan (without professional review)
|
1/2 preliminary plat/plan fee
|
1/2 escrow for preliminary plat/plan
|
|
Variances:
| ||
|
Appeals
|
$75
|
$500
|
|
Interpretations
|
$50
|
$500
|
|
Hardship
|
$200
|
$1,000
|
|
Use
|
$500
|
$2,500
|
|
Variance
|
$150
|
$150
|
|
Variance application for signs (no site plan)
|
$200
|
$150
|
1.
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.
2.
Planning Board's expert witnesses hired in accordance with this chapter.
Deposit amount determined by Planning Board. Fee shall be the actual
amount billed to the Borough of Allentown by the expert witness.
3.
Copies of stenographic transcripts of proceedings before Borough
Board or Agency: actual cost billed to the Borough.
4.
Duplicate recording of proceedings before Borough Board or Agency:
$70.
5.
Copies of any final decisions or other public documents: $2 per page.
6.
Certified copy of Zoning Map: $10.
7.
Certified copy of Tax Map page: $10.
8.
Copy of Land Development Regulations: $30.
9.
Parking lot approvals, where not part of application covered above:
$0.04 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 one-half 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
Borough 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 advise monthly the Planning Board 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 Board 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 Board 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 Board 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 Board Administrator.
h.
Engineering Inspection Fees and Additional Fees.
1.
Engineering inspection fees shall be paid by all applicants prior
to the work 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
|
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
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 Planning Board 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.
All development applications shall be filed with the administrative
officer of the Planning Board at least 14 days prior to the Planning
Board meeting at which consideration is desired.
1.
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.
2.
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.
3.
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 of the Borough
of Allentown.
4.
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 Planning Board 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 Planning Board's attorney.
The Planning Board 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, § 28-7, Land Subdivision, and § 28-10, Zoning, and the terms of such ordinances, not inconsistent with the specific provisions of this chapter, are herein incorporated by reference.
[Added 4-20-2021 by Ord.
No. 03-2021]
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 Planning Board 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 § 28-7, Subdivision and Site Plan Procedures, and § 28-9, Subdivision and Site Plan Requirements and Details, of this chapter 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 Planning Board 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
Planning Board shall, if the proposed development complies with the
ordinance, grant preliminary site plan approval.
3.
Upon the submission to the administrative officer of the Borough
of a complete application for a site plan for 10 acres of land or
less and 10 dwelling units or less, the Planning Board 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 Planning Board 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 Planning Board 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 § 28.4.3g of this chapter, the time for approval shall be 95 days; and where the Planning Board has original jurisdiction pursuant to § 28-4.4b 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 § 28-9, Subdivision and Site Plan Requirements and Details, of this chapter the administrative officer. Minor subdivision approval shall be deemed to be final approval of the subdivision, provided that the Planning Board may condition such approval on terms ensuring the provision of improvements pursuant to the applicable provisions of this section and § 28-7, Subdivision and Site Plan Procedures, of this chapter.
2.
Approval of a minor subdivision shall expire 190 days from the date
of Borough 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 Borough Engineer
and the Borough 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 Planning Board 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 § 28-7, Subdivision and Site Plan Procedures, and § 28-9, Subdivision and Site Plan Requirements and Details, of this chapter and such other information as is reasonably necessary for the Planning Board 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 Planning Board 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 Planning Board 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 Planning Board 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 Planning Board
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 § 28.4.3g of this chapter the time for approval shall be 95 days; and where the Planning Board has original jurisdiction pursuant to § 28-4.4b 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 therefore is determined from the plans, documents and testimony submitted by the applicant to the Planning Board, the applicant shall submit a letter addressed to the Planning Board 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 Planning Board to the Borough Council for their review and requirements. The Planning Board 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 Planning Board shall not constitute an acceptance of proposed dedications until the performance and maintenance guarantees have been released pursuant to § 28-5.6 of this chapter.
e.
Optional Concept Plan Submission.
1.
The purpose of concept plan review is an informal discussion and
review by the Board with the applicant, prior to the preparation of
detailed plans and designs, to establish general guidelines for the
proposed preliminary site plan so that the applicant may be informed
of specific planning, design and engineering criteria which the Board
deems necessary for compliance with the regulations applicable to
the proposed development.
2.
Any applicant who is required to obtain site plan approval, as defined
herein, may submit to the Board, for informal discussion, concept
plan information, maps and other appropriate materials, for the purpose
of determining applicability and general conformance of the proposed
development or improvement to the standards and regulations applicable
to the development. Such concept plan information, upon written request
by the applicant, may be submitted at, or prior to, a regular meeting
of the Board or at such other meetings and under such conditions as
the Board may establish.
3.
No public hearing is required for the concept plan submission, although
the Board may place the applicant's proposal on the agenda of a regularly
scheduled meeting for public discussion.
[Added 4-20-2021 by Ord.
No. 03-2021]
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 Planning Board.
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 Borough
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 Planning Board to
have jurisdiction.
|
[Added 4-20-2021 by Ord.
No. 03-2021]
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, 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.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Site Plans and Major Subdivisions.
1.
The Planning Board 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, 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 Planning Board to act within the period prescribed shall constitute
final approval and a certificate of the secretary as to the failure
of the Planning Board 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 Planning Board 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 Planning Board 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 Planning Board may thereafter grant
upon good cause being shown an extension of time as shall be determined
by the Planning Board 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 Planning Board to
have jurisdiction.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Before a final plat is signed and sealed by the Borough, 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 Planning Board 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 Planning
Board 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 Borough 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 Borough 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
120% 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
Borough 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 Borough Council, 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
Borough 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.
[Added 4-20-2021 by Ord.
No. 03-2021]
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
Planning Board 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.
[Added 4-20-2021 by Ord.
No. 03-2021; amended 2-28-2023 by Ord. No. 02-2023]
On application and after public notice and hearing, the Planning Board shall have the power to authorize the issuance by the Zoning Officer of conditional use permits for any use for which § 28-10, 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 Planning Board reviewing the specific application for a conditional use permit of the types stated in § 28-10, Zoning, 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 Zoning Officer 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 Planning Board 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
Planning Board 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.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
An appeal to the Planning Board may be taken by any interested
party affected by any decision of the administrative officer of the
Borough 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.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Any interested party may appeal to the Borough Council any final
decision of the Land Use Board approving an application for a use
variance pursuant to N.J.S.A. 40:55D-70d. Notwithstanding the aforesaid
right of appeal to the Borough Council, any party has the right to
obtain a review of such Land Use Board decision by any court of competent
jurisdiction according to law.
[Added 4-20-2021 by Ord.
No. 03-2021]
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 Borough Council only upon the record established
before the Planning Board.
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 Borough
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 Planning Board, 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 Borough, if there be one, or in a newspaper of general circulation
in the Borough. 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.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
The purpose of this section shall be to provide rules, regulations
and standards to guide land subdivision and building development in
the Borough in order to promote the public health, safety, convenience
and general welfare of the Borough. It shall be administered to ensure
the orderly growth and development, conservation, protection and proper
use of land in the Borough and to adequately provide for circulation,
utilities and services.
[Added 4-20-2021 by Ord.
No. 03-2021]
This section shall not be deemed or construed to repeal, abrogate
or annul or in any way impair or interfere with existing laws of the
State of New Jersey or ordinances of the Borough of Allentown, except
those specifically repealed by this chapter, or with covenants, restrictions,
conditions and easements running with the land to which the Borough
is a party. Where this chapter imposes a greater restriction upon
the land than is imposed or required by such existing covenants, restrictions,
conditions and easements or existing provisions of law, ordinances
or deeds of conveyance, the provisions of this chapter shall control.
[Added 4-20-2021 by Ord.
No. 03-2021]
The approval provisions of this section shall be administered
by the Planning Board in accordance with the powers and provisions
of the land use procedures in accordance with the New Jersey Municipal
Land Use Law N.J.S.A. 40:55D-1 et seq. Approval of final plats by
the approving agency shall not constitute an acceptance of proposed
dedications of land for streets, parks and other public uses or purposes
without specific acceptance thereof by the Borough Council.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Any owner of land within the Borough shall, prior to subdividing
or re-subdividing land, as defined in this chapter, submit to the
Secretary of the Planning Board, at least two weeks prior to the regular
meeting of the Planning Board, 15 copies of a sketch plat of the proposed
subdivision for purposes of classification and preliminary discussion
and arrange to pay the application fee.
b.
If classified and approved as a minor subdivision by unanimous action
of the Planning and Planning Board, a notation to that effect will
be made on the sketch plat. Where Monmouth County Planning Board approval
is required, it will be forwarded to that Board for its consideration.
The plat will then be forwarded to the Chairman of the Planning Board
and the Secretary of the Planning Board for their signatures and returned
to the subdivider within one week following the next regular meeting
of the Planning Board. No further Planning Board approval shall be
required. Recording shall be in accordance with the land development
regulations of the Borough.
c.
The Secretary of the Planning Board shall make distribution of the
copies of the sketch plat to each of the following:
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
At least 15 black on white prints of the preliminary plat, together with five completed application forms for preliminary approval, shall be submitted to the Secretary of the Planning Board two weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing the plat, a filing fee determined in accordance with the fee schedule of the land use procedures (§ 28-4.15) shall be paid. All fees shall be payable to the Borough Collector-Treasurer or the Deputy Borough Clerk who shall promptly notify the Secretary of the Planning Board of all fees received.
b.
Notice shall be in compliance with the land use procedures regulations
of the Borough.
c.
Copies of the preliminary plat shall be forwarded by the Secretary
of the Planning Board prior to the hearing to the following persons:
1.
Secretary of Monmouth County Planning Board.
2.
Borough Engineer.
3.
Planning Board Engineer.
4.
Secretary of Board of Health.
5.
Environmental Commission.
6.
Shade Tree Commission.
7.
Fire Chief or designated fire officer.
8.
Police Chief.
9.
Historic Preservation Commission.
10.
Such other Borough, County or State officials as directed by
the Planning Board.
d.
If the Planning Board acts favorably on a preliminary plat, the Chairman
and Secretary of the Planning Board shall affix their signature to
the plat with a notation that it has received preliminary approval
and return it to the subdivider for compliance with final approval
requirements.
e.
After approval of the preliminary plat of a major subdivision and
prior to the start of construction of any of the improvements required
by the provisions of this chapter if the developer seeks to install
the improvements prior to bonding the improvements and prior to obtaining
final approval, the developer shall tender to the Borough Council
a fee, in cash, of 5% of the estimated costs of the improvements to
cover costs of the engineering inspection thereof.
[Added 4-20-2021 by Ord.
No. 03-2021]
Before consideration of a final subdivision plat, the subdivider shall have installed the improvements required under § 28-11.2. The Planning Board shall require the posting of adequate performance guarantees in accordance with the land use procedures regulations to assure the installation of the required improvements.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
The final plat shall be submitted to the Secretary of the Planning
Board for final approval within three years from the date of preliminary
approval. The Secretary of the Planning Board shall immediately notify
the Planning Board upon receipt of a final plat, and the Planning
Board shall act upon the final plat within the time prescribed by
the land use procedures regulations.
b.
The original tracing, one translucent tracing copy, two cloth prints,
12 blue-on-white prints and five copies of the application form for
final approval shall be submitted to the Secretary of the Planning
Board at least two weeks prior to the date of a regular Planning Board
meeting. Unless the preliminary plat was approved without changes,
the final plat shall have incorporated all changes or modifications
required by the Planning Board.
c.
The final plat shall be accompanied by a statement by the Borough
Engineer that he is in receipt of a map showing all utilities in exact
location and elevation, identifying those portions already installed
and those to be installed, and that the subdivider has complied with
one or both of the following:
d.
Any plat which requires Monmouth County Planning Board approval shall
be forwarded to the Monmouth County Planning Board for its action
prior to final approval by the Planning Board.
e.
If the Planning Board approves the final plat, a notation to that
effect shall be made on each plat and shall be signed by the Chairman
and the Secretary of the Planning Board.
f.
Failure of the Planning Board to act within the allotted time or
a mutually agreed upon extension shall be deemed to be favorable approval,
and the Secretary of the Planning Board shall issue a certificate
to that effect.
h.
The final plat, after final approval, shall be filed by the subdivider
with the County Recording Officer in accordance with the requirements
of the land use procedures and the applicable New Jersey Statutes.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Subdivision plan review and approval shall be required for 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 a subdivision if no new streets are created:
1.
Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
2.
Divisions of property by testamentary or intestate provisions;
3.
Divisions of property upon court order including but not limited
to judgments of foreclosure;
4.
Consolidation of existing lots by deed or other recorded instrument,
provided each lot to be combined does not contain a principal structure;
and
5.
The conveyance of one or more adjoining lots, tracts or parcels of
land owned by the same person or persons and all of which are found
and certified by the Zoning Officer to conform to the requirements
of the Borough development regulations and/or shown and designated
as separate lots on the Tax Map of the Borough. The term "subdivision"
shall also include the term "resubdivision."
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Application Form.
b.
Project Plat Information.
1.
Name and address of owner and applicant.
2.
Notarized signature (final plat prior to filing).
3.
Name, signature, license number, seal and address of engineer, land
surveyor, architect, professional planner, and/or landscape architect,
as applicable, involved in preparation of plat (any plans drawn by
the applicant must include a notarized statement that the applicant
prepared the plan).
4.
Title block denoting type of application, tax map sheet, county,
name of municipality, block and lot, and street location.
5.
Key map at specified scale showing location to surrounding properties,
streets, municipal boundaries, zone districts, etc., within 500 feet
of property.
6.
North arrow and scale.
7.
Schedule of required zone district requirements, including lot area,
width, depth, yard setbacks, building coverage, open space, parking,
etc.
8.
Signature blocks for chairman, secretary, and municipal engineer.
9.
Proof that taxes are current.
10.
Certification blocks required by Map Filing Law.
11.
Monumentation as specified by Map Filing Law.
12.
Date of current property survey.
14.
Metes and bounds description showing dimension, bearings of original
and proposed lots.
15.
Metes and bounds description showing dimensions, bearings, curve
data, length of tangents, radii, arcs, chords, and central angles
for all centerlines and rights-of-way and centerline curves on street.
16.
Acreage of tract to the nearest tenth of an acre.
17.
Date of original preparation and of each subsequent revision, including
a brief narrative of each revision.
18.
Size and location of any existing and proposed structures with all
setbacks dimensioned.
19.
Size and location of all existing structure within 200 feet of the
site boundaries.
20.
Tax lot and block numbers of existing and proposed lots.
21.
Area of proposed lots in square feet.
22.
Any existing or proposed easement or land reserved for or dedicated
to public use.
23.
Name and address and lot and block numbers of property owners within
200 feet of subject property.
24.
Location of streams, floodplains, wetlands or other environmentally
sensitive areas on or within 200 feet of the project site. (Note:
variance applications need only show these features on-site.)
25.
List of variances required or requested.
26.
List of requested design waivers or exceptions.
27.
Sight triangles.
c.
Supplementary Documents.
1.
List of all federal, state, regional and/or municipal approvals or
permits required.
2.
Copies of any existing or proposed deed restrictions or covenants.
3.
Freshwater wetlands Letter of Interpretation for the project area.
4.
Performance guarantees.
5.
Executed developer's agreement.
6.
Signed Affidavit of Owners Consent.
7.
Disclosure statement (see N.J.S.A. 40:55D-48.1 et seq.).
8.
Statement from utility companies as to serviceability of site.
9.
Stormwater management calculations.
10.
Payment of all applicable fees.
11.
Environmental Impact Report.
12.
Application for Environmental Commission Site Plan Review Building
Elevation and floor plans of any proposed structure(s).
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Application Form.
b.
Project Plat Information.
1.
Name and address of owner and applicant.
2.
Notarized signature (final plat prior to filing).
3.
Name, signature, license number, seal and address of engineer, land
surveyor, architect, professional planner, and/or landscape architect,
as applicable, involved in preparation of plat (any plans drawn by
the applicant must include a notarized statement that the applicant
prepared the plan).
4.
Title block denoting type of application, tax map sheet, county,
name of municipality, block and lot, and street location.
5.
Key map at specified scale showing location to surrounding properties,
streets, municipal boundaries, zone districts, etc., within 500 feet
of property.
6.
North arrow and scale.
7.
Schedule of required zone district requirements, including lot area,
width, depth, yard setbacks, building coverage, open space, parking,
etc.
8.
Signature blocks for chairman, secretary, and municipal engineer.
9.
Proof that taxes are current.
10.
Date of current property survey.
12.
Metes and bounds description showing dimensions, bearings, curve
data, length of tangents, radii, arcs, chords, and central angles
for all centerlines and rights-of-way and centerline curves on street.
13.
Acreage of tract to the nearest tenth of an acre.
14.
Date of original preparation and of each subsequent revision, including
a brief narrative of each revision.
15.
Size and location of any existing and proposed structures with all
setbacks dimensioned.
16.
Size and location of all existing structure within 200 feet of the
site boundaries.
17.
Tax lot and block numbers of existing and proposed lots.
18.
Area of proposed lots in square feet.
19.
Any existing or proposed easement or land reserved for or dedicated
to public use.
20.
Name and address and lot and block numbers of property owners within
200 feet of subject property.
21.
Location of streams, floodplains, wetlands or other environmentally
sensitive areas on or within 200 feet of the project site (Note: variance
applications need only show these features on-site).
22.
List of variances required or requested.
23.
List of requested design waivers or exceptions.
24.
Phasing plan as applicable to include:
25.
Circulation plan, including signage, separating construction traffic
from traffic generated by the intended use of site.
26.
Timetable and phasing sequence.
27.
Site identification signs, traffic control signs, and identification
signs.
28.
Proposed street names when new road is proposed.
29.
Soil Waste Management and Recycling Plan showing holding location
and provisions for waste and recyclables.
30.
Traffic Study.
c.
Construction Plans.
1.
Site layout showing all roadways, circulation patterns, curbs, sidewalk,
buffers, structures, open space, recreation, etc., as applicable.
2.
Grading and Utility Plan to include as applicable:
(a)
Existing and proposed contours at two foot intervals.
(b)
Elevations of existing and proposed structures.
(c)
Location and invert elevation of existing and proposed drainage
structures.
(d)
Locations of all streams, ponds, lakes, wetlands areas.
(e)
Locations of existing and proposed and existing utilities including
depth of structures, locations of manholes, valves, services, etc.
3.
Profiles of existing and proposed roadways, including all utilities
and stormwater facilities. Roadway cross-sections at fifty foot intervals.
Horizontal and vertical scales to be the same.
4.
Landscaping Plan to include:
(a)
Locations of existing vegetation and clearing limits. Tree Save
Plan for major applications must show the locations, sizes and species
of all existing trees four inches in caliper or greater.
(b)
Proposed buffer areas and method of protection during construction.
(c)
Proposed landscaped areas.
(d)
Number, types & locations of proposed plantings including
street trees.
(e)
Details for method of planting, including optimum planting season.
5.
Soil Erosion and Sediment Control Plan prepared in accordance with
the standards for soil erosion and sediment control standards in New
Jersey.
d.
Supplementary Documents.
1.
List of all federal, state, regional and/or municipal approvals or
permits required.
2.
Copies of any existing or proposed deed restrictions or covenants.
3.
Freshwater wetlands Letter of Interpretation for the project area.
4.
Signed Affidavit of Owners Consent.
5.
Disclosure statement (see N.J.S.A. 40:55D-48.1 et seq.).
6.
Statement from utility companies as to serviceability of site.
7.
Stormwater management calculations.
8.
Payment of all applicable fees.
9.
Environmental Impact Report.
10.
Application for Environmental Commission Site Plan Review Building
Elevation and floor plans of any proposed structure(s).
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Application Form.
b.
Project Plat Information.
1.
Name and address of owner and applicant.
2.
Notarized signature (final plat prior to filing).
3.
Name, signature, license number, seal and address of engineer, land
surveyor, architect, professional planner, and/or landscape architect,
as applicable, involved in preparation of plat (any plans drawn by
the applicant must include a notarized statement that the applicant
prepared the plan).
4.
Title block denoting type of application, tax map sheet, county,
name of municipality, block and lot, and street location.
5.
Key map at specified scale showing location to surrounding properties,
streets, municipal boundaries, zone districts, etc., within 500 feet
of property.
6.
North arrow and scale.
7.
Schedule of required zone district requirements, including lot area,
width, depth, yard setbacks, building coverage, open space, parking,
etc.
8.
Signature blocks for chairman, secretary, and municipal engineer.
9.
Proof that taxes are current.
10.
Certification blocks required by Map Filing Law.
11.
Monumentation as specified by Map Filing Law.
12.
Date of current property survey.
14.
Metes and bounds description showing dimension, bearings of original
and proposed lots.
15.
Metes and bounds description showing dimensions, bearings, curve
data, length of tangents, radii, arcs, chords, and central angles
for all centerlines and rights-of-way and centerline curves on street.
16.
Acreage of tract to the nearest tenth of an acre.
17.
Date of original preparation and of each subsequent revision, including
a brief narrative of each revision.
18.
Size and location of any existing and proposed structures with all
setbacks dimensioned.
19.
Size and location of all existing structure within 200 feet of the
site boundaries.
20.
Tax lot and block numbers of existing and proposed lots.
21.
Area of proposed lots in square feet.
22.
Any existing or proposed easement or land reserved for or dedicated
to public use.
23.
Name and address and lot and block numbers of property owners within
200 feet of subject property.
24.
Location of streams, floodplains, wetlands or other environmentally
sensitive areas on or within 200 feet of the project site. (Note:
variance applications need only show these features on-site.)
25.
List of variances required or requested.
26.
List of requested design waivers or exceptions.
27.
Phasing plan as applicable to include:
28.
Circulation plan, including signage, separating construction traffic
from traffic generated by the intended use of site.
29.
Timetable and phasing sequence.
30.
Preliminary architectural plans and elevations.
31.
Site identification signs, traffic control signs, and identification
signs.
32.
Sight triangles.
33.
Proposed street names when new road is proposed.
34.
Parking plan showing spaces, sizes, and types, aisle width, curb
cuts, drives, driveways, and all ingress and egress areas and dimensions,
the number of spaces required by Land Development Regulations and
the number of spaces provided.
35.
Soil Waste Management and Recycling Plan showing holding location
and provisions for waste and recyclables.
36.
Traffic Study.
c.
Construction Plans.
1.
Site layout showing all roadways, circulation patterns, curbs, sidewalk,
buffers, structures, open space, recreation, etc., as applicable.
3.
Grading and Utility Plan to include as applicable:
(a)
Existing and proposed contours at two foot intervals.
(b)
Elevations of existing and proposed structures.
(c)
Location and invert elevation of existing and proposed drainage
structures.
(d)
Locations of all streams, ponds, lakes, wetlands areas.
(e)
Locations of existing and proposed and existing utilities including
depth of structures, locations of manholes, valves, services, etc.
4.
Profiles of existing and proposed roadways, including all utilities
and stormwater facilities. Roadway cross-sections at fifty foot intervals.
Horizontal and vertical scales to be the same.
5.
Landscaping Plan to include:
(a)
Locations of existing vegetation and clearing limits. Tree Save
Plan for major applications must show the locations, sizes and species
of all existing trees four inches in caliper or greater.
(b)
Proposed buffer areas and method of protection during construction.
(c)
Proposed landscaped areas.
(d)
Number, types & locations of proposed plantings including
street trees.
(e)
Details for method of planting, including optimum planting season.
6.
Soil Erosion and Sediment Control Plan prepared in accordance with
the standards for soil erosion and sediment control standards in New
Jersey.
d.
Supplementary Documents.
1.
List of all federal, state, regional and/or municipal approvals or
permits required.
2.
Copies of any existing or proposed deed restrictions or covenants.
3.
Freshwater wetlands Letter of Interpretation for the project area.
4.
Performance guarantees.
5.
Executed developer's agreement.
6.
Signed Affidavit of Owners Consent.
7.
Disclosure statement (see N.J.S.A. 40:55D-48.1 et seq.).
8.
Statement from utility companies as to serviceability of site.
9.
Stormwater management calculations.
10.
Payment of all applicable fees.
11.
Environmental Impact Report.
12.
Application for Environmental Commission Site Plan Review Building
Elevation and floor plans of any proposed structure(s).
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
b.
Except as hereinafter provided, no Construction or Zoning Permit
shall be issued for any building or use or structure, or reduction
or enlargement in size or other alteration of any building or structure
or change in use of any building including accessory structures and
outdoor storage and sales areas unless a site plan is first submitted
and approved by the Planning Board, and no certificate of occupancy
shall be given unless all construction and development conforms to
the plans as approved by the Planning Board.
c.
Site plan approval shall not be required for any detached one- or
two-dwelling-unit buildings or any uses accessory thereto, such as
a private garage or storage shed incidental to residential uses; or
accessory nonresidential buildings less than 750 square feet in floor
area and the construction of which results in less than a 10% increase
of lot coverage, but this shall not limit the requirements for submission
and approval of plats as otherwise required by the Borough Land Development
Regulations.
d.
Site plan approval may be granted for plans that can be defined below.
Applications for minor site plan approval shall comply with the minor
or major application form packages as required.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Application Form.
b.
Project Plat Information.
1.
Name and address of owner and applicant.
2.
Notarized signature (final plat prior to filing).
3.
Name, signature, license number, seal and address of engineer, land
surveyor, architect, professional planner, and/or landscape architect,
as applicable, involved in preparation of plat (any plans drawn by
the applicant must include a notarized statement that the applicant
prepared the plan).
4.
Title block denoting type of application, tax map sheet, county,
name of municipality, block and lot, and street location.
5.
Key map at specified scale showing location to surrounding properties,
streets, municipal boundaries, zone districts, etc., within 500 feet
of property.
6.
North arrow and scale.
7.
Schedule of required zone district requirements, including lot area,
width, depth, yard setbacks, building coverage, open space, parking,
etc.
8.
Signature blocks for chairman, secretary, and municipal engineer.
9.
Proof that taxes are current.
10.
Certification blocks required by Map Filing Law.
11.
Monumentation as specified by Map Filing Law.
12.
Date of current property survey.
14.
Acreage of tract to the nearest tenth of an acre.
15.
Date of original preparation and of each subsequent revision, including
a brief narrative of each revision.
16.
Size and location of any existing and proposed structures with all
setbacks dimensioned.
17.
Size and location of all existing structure within 200 feet of the
site boundaries.
18.
Any existing or proposed easement or land reserved for or dedicated
to public use.
19.
Name and address and lot and block numbers of property owners within
200 feet of subject property.
20.
Location of streams, floodplains, wetlands or other environmentally
sensitive areas on or within 200 feet of the project site. (Note:
variance applications need only show these features on-site.)
21.
List of variances required or requested.
22.
List of requested design waivers or exceptions.
23.
Preliminary architectural plans and elevations.
24.
Site identification signs, traffic control signs, and identification
signs.
25.
Sight triangles.
26.
Proposed street names when new road is proposed.
27.
Parking plan showing spaces, sizes, and types, aisle width, curb
cuts, drives, driveways, and all ingress and egress areas and dimensions,
the number of spaces required by Land Development Regulations and
the number of spaces provided.
28.
Soil Waste Management and Recycling Plan showing holding location
and provisions for waste and recyclables.
c.
Construction Plans.
1.
Site layout showing all roadways, circulation patterns, curbs, sidewalk,
buffers, structures, open space, recreation, etc., as applicable.
2.
Grading and Utility Plan to include as applicable:
(a)
Existing and proposed contours at two foot intervals.
(b)
Elevations of existing and proposed structures.
(c)
Location and invert elevation of existing and proposed drainage
structures.
(d)
Locations of all streams, ponds, lakes, wetlands areas.
(e)
Locations of existing and proposed and existing utilities including
depth of structures, locations of manholes, valves, services, etc.
3.
Landscaping Plan to include:
(a)
Locations of existing vegetation and clearing limits. Tree Save
Plan for major applications must show the locations, sizes and species
of all existing trees four inches in caliper or greater.
(b)
Proposed buffer areas and method of protection during construction.
(c)
Proposed landscaped areas.
(d)
Number, types & locations of proposed plantings including
street trees.
(e)
Details for method of planting, including optimum planting season.
4.
Soil Erosion and Sediment Control Plan prepared in accordance with
the standards for soil erosion and sediment control standards in New
Jersey.
d.
Supplementary Documents.
1.
List of all federal, state, regional and/or municipal approvals or
permits required.
2.
Copies of any existing or proposed deed restrictions or covenants.
3.
Freshwater wetlands Letter of Interpretation for the project area.
4.
Performance guarantees.
5.
Executed developer's agreement.
6.
Signed Affidavit of Owners Consent.
7.
Disclosure statement (see N.J.S.A. 40:55D-48.1 et seq.).
8.
Statement from utility companies as to serviceability of site.
9.
Stormwater management calculations.
10.
Payment of all applicable fees.
11.
Environmental Impact Report.
12.
Application for Environmental Commission Site Plan Review Building
Elevation and floor plans of any proposed structure(s).
13.
Building Elevation and floor plans of any proposed structure(s).
a.
Application Form.
b.
Project Plat Information.
1.
Name and address of owner and applicant.
2.
Notarized signature (final plat prior to filing).
3.
Name, signature, license number, seal and address of engineer, land
surveyor, architect, professional planner, and/or landscape architect,
as applicable, involved in preparation of plat (any plans drawn by
the applicant must include a notarized statement that the applicant
prepared the plan).
4.
Title block denoting type of application, tax map sheet, county,
name of municipality, block and lot, and street location.
5.
Key map at specified scale showing location to surrounding properties,
streets, municipal boundaries, zone districts, etc., within 500 feet
of property.
6.
North arrow and scale.
7.
Schedule of required zone district requirements, including lot area,
width, depth, yard setbacks, building coverage, open space, parking,
etc.
8.
Signature blocks for chairman, secretary, and municipal engineer.
9.
Proof that taxes are current.
10.
Certification blocks required by Map Filing Law.
11.
Monumentation as specified by Map Filing Law.
12.
Date of current property survey.
14.
Acreage of tract to the nearest tenth of an acre.
15.
Date of original preparation and of each subsequent revision, including
a brief narrative of each revision.
16.
Size and location of any existing and proposed structures with all
setbacks dimensioned.
17.
Size and location of all existing structure within 200 feet of the
site boundaries.
18.
Any existing or proposed easement or land reserved for or dedicated
to public use.
19.
Name and address and lot and block numbers of property owners within
200 feet of subject property.
20.
Location of streams, floodplains, wetlands or other environmentally
sensitive areas on or within 200 feet of the project site. (Note:
variance applications need only show these features on-site.)
21.
List of variances required or requested.
22.
List of requested design waivers or exceptions.
23.
Phasing plan as applicable to include:
24.
Circulation plan, including signage, separating construction traffic
from traffic generated by the intended use of site.
25.
Timetable and phasing sequence.
26.
Preliminary architectural plans and elevations.
27.
Site identification signs, traffic control signs, and identification
signs.
28.
Sight triangles.
29.
Proposed street names when new road is proposed.
30.
Parking plan showing spaces, sizes, and types, aisle width, curb
cuts, drives, driveways, and all ingress and egress areas and dimensions,
the number of spaces required by Land Development Regulations and
the number of spaces provided.
31.
Soil Waste Management and Recycling Plan showing holding location
and provisions for waste and recyclables.
32.
Traffic Study.
c.
Construction Plans.
1.
Site layout showing all roadways, circulation patterns, curbs, sidewalk,
buffers, structures, open space, recreation, etc., as applicable.
3.
Grading and Utility Plan to include as applicable:
(a)
Existing and proposed contours at two foot intervals.
(b)
Elevations of existing and proposed structures.
(c)
Location and invert elevation of existing and proposed drainage
structures.
(d)
Locations of all streams, ponds, lakes, wetlands areas.
(e)
Locations of existing and proposed and existing utilities including
depth of structures, locations of manholes, valves, services, etc.
4.
Profiles of existing and proposed roadways, including all utilities
and stormwater facilities. Roadway cross-sections at fifty foot intervals.
Horizontal and vertical scales to be the same.
5.
Landscaping Plan to include:
(a)
Locations of existing vegetation and clearing limits. Tree Save
Plan for major applications must show the locations, sizes and species
of all existing trees four inches in caliper or greater.
(b)
Proposed buffer areas and method of protection during construction.
(c)
Proposed landscaped areas.
(d)
Number, types & locations of proposed plantings including
street trees.
(e)
Details for method of planting, including optimum planting season.
6.
Soil Erosion and Sediment Control Plan prepared in accordance with
the standards for soil erosion and sediment control standards in New
Jersey.
d.
Supplementary Documents.
1.
List of all federal, state, regional and/or municipal approvals or
permits required.
2.
Copies of any existing or proposed deed restrictions or covenants.
3.
Freshwater wetlands Letter of Interpretation for the project area.
4.
Signed Affidavit of Owners Consent.
5.
Disclosure statement (see N.J.S.A. 40:55D-48.1 et seq.).
6.
Statement from utility companies as to serviceability of site.
7.
Stormwater management calculations.
8.
Payment of all applicable fees.
9.
Environmental Impact Report.
10.
Application for Environmental Commission Site Plan Review Building
Elevation and floor plans of any proposed structure(s).
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Application Form.
b.
Project Plat Information.
1.
Name and address of owner and applicant.
2.
Notarized signature (final plat prior to filing).
3.
Name, signature, license number, seal and address of engineer, land
surveyor, architect, professional planner, and/or landscape architect,
as applicable, involved in preparation of plat (any plans drawn by
the applicant must include a notarized statement that the applicant
prepared the plan).
4.
Title block denoting type of application, tax map sheet, county,
name of municipality, block and lot, and street location.
5.
Key map at specified scale showing location to surrounding properties,
streets, municipal boundaries, zone districts, etc., within 500 feet
of property.
6.
North arrow and scale.
7.
Schedule of required zone district requirements, including lot area,
width, depth, yard setbacks, building coverage, open space, parking,
etc.
8.
Signature blocks for chairman, secretary, and municipal engineer.
9.
Proof that taxes are current.
10.
Certification blocks required by Map Filing Law.
11.
Monumentation as specified by Map Filing Law.
12.
Date of current property survey.
14.
Metes and bounds description showing dimensions, bearings, curve
data, length of tangents, radii, arcs, chords, and central angles
for all centerlines and rights-of-way and centerline curves on street.
15.
Acreage of tract to the nearest tenth of an acre.
16.
Date of original preparation and of each subsequent revision, including
a brief narrative of each revision.
17.
Size and location of any existing and proposed structures with all
setbacks dimensioned.
18.
Size and location of all existing structure within 200 feet of the
site boundaries.
19.
Any existing or proposed easement or land reserved for or dedicated
to public use.
20.
Name and address and lot and block numbers of property owners within
200 feet of subject property.
21.
Location of streams, floodplains, wetlands or other environmentally
sensitive areas on or within 200 feet of the project site (Note: variance
applications need only show these features on-site).
22.
List of variances required or requested.
23.
List of requested design waivers or exceptions.
24.
Phasing plan as applicable to include:
25.
Circulation plan, including signage, separating construction traffic
from traffic generated by the intended use of site.
26.
Timetable and phasing sequence.
27.
Preliminary architectural plans and elevations.
28.
Site identification signs, traffic control signs, and identification
signs.
29.
Sight triangles.
30.
Proposed street names when new road is proposed.
31.
Parking plan showing spaces, sizes, and types, aisle width, curb
cuts, drives, driveways, and all ingress and egress areas and dimensions,
the number of spaces required by Land Development Regulations and
the number of spaces provided.
32.
Soil Waste Management and Recycling Plan showing holding location
and provisions for waste and recyclables.
c.
Construction Plans.
1.
Site layout showing all roadways, circulation patterns, curbs, sidewalk,
buffers, structures, open space, recreation, etc., as applicable.
3.
Grading and Utility Plan to include as applicable:
(a)
Existing and proposed contours at two foot intervals.
(b)
Elevations of existing and proposed structures.
(c)
Location and invert elevation of existing and proposed drainage
structures.
(d)
Locations of all streams, ponds, lakes, wetlands areas.
(e)
Locations of existing and proposed and existing utilities including
depth of structures, locations of manholes, valves, services, etc.
4.
Profiles of existing and proposed roadways, including all utilities
and stormwater facilities. Roadway cross-sections at fifty-foot intervals.
Horizontal and vertical scales to be the same.
5.
Landscaping Plan to include:
(a)
Locations of existing vegetation and clearing limits. Tree Save
Plan for major applications must show the locations, sizes and species
of all existing trees four inches in caliper or greater.
(b)
Proposed buffer areas and method of protection during construction.
(c)
Proposed landscaped areas.
(d)
Number, types & locations of proposed plantings including
street trees.
(e)
Details for method of planting, including optimum planting season.
6.
Soil Erosion and Sediment Control Plan prepared in accordance with
the standards for soil erosion and sediment control standards in New
Jersey.
d.
Supplementary Documents.
1.
List of all federal, state, regional and/or municipal approvals or
permits required.
2.
Copies of any existing or proposed deed restrictions or covenants.
3.
Freshwater wetlands Letter of Interpretation for the project area.
4.
Performance guarantees.
5.
Executed developer's agreement.
6.
Signed Affidavit of Owners Consent.
7.
Disclosure statement (see N.J.S.A. 40:55D-48.1 et seq.).
8.
Statement from utility companies as to serviceability of site.
9.
Stormwater management calculations.
10.
Payment of all applicable fees.
11.
Application for Environmental Commission Site Plan Review Building
Elevation and floor plans of any proposed structure(s).
[Added 4-20-2021 by Ord.
No. 03-2021]
The application, site plans and other supporting documentation,
including the fees required, shall be filed by the applicant for development
with the administrative officer within the time limits and in accordance
with the provisions of land use procedures and review by the appropriate
municipal agency shall be in accordance with the procedures set forth
in such ordinance.
[Added 4-20-2021 by Ord.
No. 03-2021]
In considering and approving site plan applications and referrals,
the Planning Board shall take into consideration the public health,
safety and general welfare; the comfort and convenience of the public
in general and the residents of the immediate neighborhood in particular,
and may attach such conditions and safeguards, including adequate
screening, as a precondition to approval of such plans, as in the
Municipal Agency's opinion, may be necessary to protect adjoining
premises from unsightly development, obnoxious odors, and sound levels,
excessive and uncontrolled traffic conditions and such other types
of improvements to be erected on-site which would detrimentally affect
the use of adjoining properties. The Planning Board shall make findings
with respect to the following at a minimum:
a.
Traffic Access. All proposed traffic access ways are adequate in
number, width, grade, alignment and visibility to serve the proposed
use without jeopardizing the safety of pedestrians on abutting sidewalks,
or the safety of passing traffic on the street or public way, or at
nearby intersections, or other places of public assembly and travel.
b.
Circulation, Parking and Loading. Off-street parking and loading
space will be provided in an amount and location sufficient to minimize
on-street curb parking of vehicles belonging to persons connected
with, employed by, delivering to or from, or visiting the proposed
use; that safe and adequate on-site pedestrian walk areas are provided;
that the interior road network will provide safe access to all required
off-street parking, loading and waste removal facilities for both
on-site and off-site ingress and egress purposes.
c.
Landscaping and Screening. All playground, parking and service areas
and any and all other features of the proposed development and the
location thereof on the site, which may exert a deleterious effect
on adjoining premises shall be screened, at all seasons of the year,
from the view of such premises and of adjoining streets; and that
the general landscaping of the site will be in character with that
prevailing in the neighborhood.
d.
Existing On-Site Natural Resources. The maximum amount of floodplain
and fresh water wetlands, beneficial vegetation, rock formations,
topography of land and other similar natural features on the site
prior to development are maintained, preserved, and protected, where
desirable, to minimize any deleterious effect of the development of
the site on surrounding properties.
e.
Lighting. Adequate on-street and on-site lighting be provided to
preserve the safety of the users of the development site without detrimentally
affecting the use and enjoyment of neighboring property.
f.
Other Findings. All other standards for site plan approval under
this chapter that are derived from information provided by the applicant
in his application and submissions made and testimony taken before
the Planning Board and other municipal and governmental agencies,
conform with the requirements, intent and purpose of this chapter,
and the design criteria for the improvements contained in this chapter,
the subdivision regulations and other applicable ordinances of the
Borough of Allentown.
g.
Approvals. Preliminary and final approval of all site plans shall
be in accordance with N.J.S.A. 40:55D.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
Except as otherwise provided in this section the lawful use
of land or buildings existing on the date of adoption of this chapter
may be continued, although such use or building does not conform to
the regulations specified by this chapter for the zone in which such
land or buildings is located, provided, however:
[Added 4-20-2021 by Ord.
No. 03-2021]
A nonconforming use shall be adjudged abandoned when there occurs
a cessation of any such use or activity by an apparent act or failure
to act on the part of the tenant or owner to reinstate such use within
a period of one year from the date of cessation or discontinuance.
Such use shall not thereafter be reinstated and the structure shall
not be reoccupied, except in conformance with this chapter.
[Added 4-20-2021 by Ord.
No. 03-2021]
Nothing herein contained shall require any change in plans,
construction or designated use of a building for which a building
permit has heretofore been issued and the construction of which shall
have been diligently prosecuted within three months of the date of
such permit, and the ground story framework of which, including the
second tier of beams, shall have been completed within six months
of the date of the permit, and which entire building shall be completed
according to plans as filed within one year from the date of adoption
of this chapter.
[Added 4-20-2021 by Ord.
No. 03-2021]
No nonconforming use shall, if once changed into a conforming
use, be changed back to a nonconforming use.
[Added 4-20-2021 by Ord.
No. 03-2021]
Notwithstanding anything to the contrary hereinabove set forth,
nothing in this chapter shall prevent the reconstruction, repairing,
rebuilding and continued use of any nonconforming building or structure
damaged or destroyed by fire, explosion, flood, windstorm or other
act of God; provided, however, that there shall be no enlargement
of the original structure and that the work shall be initiated within
six months from the occurrence of such damage or destruction and shall
be diligently pursued to completion.
[Added 4-20-2021 by Ord.
No. 03-2021]
Whenever this chapter or the Zoning Map shall be modified, amended
or supplemented, the foregoing provision shall also apply to any nonconforming
uses, structures or buildings created thereby.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the purposes of this chapter as set forth in § 28-2. Officials charged with the interpretation and enforcement of this chapter shall be mindful of the general intent as expressed in this chapter and shall so interpret and enforce this chapter so that no substantial detriment to the public good shall result and so that decisions shall not substantially impair the intent and purpose of the Zone Plan and this chapter.
[Added 4-20-2021 by Ord.
No. 03-2021]
The provisions of this chapter shall be enforced by the Zoning
Officer. It shall be the duty of the Zoning Officer to keep a record
of all applications for permits and a record of all permits issued,
with a notation of all special conditions involved. He shall file
and safely keep copies of all plans submitted, and the same shall
form a part of the records of his office and shall be available for
the use of the Mayor and Council and other officials of the Borough
of Allentown. The Zoning Officer may also be the Construction Code
Official.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Zoning permits shall hereafter be secured from the Zoning Officer
prior to construction, erection or alteration of any building or part
of building costing more than or having a value of more than $100.
Zoning permits shall hereafter be secured from the Zoning Officer
for any use coming within the provisions of any section of this chapter.
b.
All requests for zoning permits shall be made in writing by the owner
or his authorized agent and shall include a statement of the use or
intended use of the building or structure and shall be accompanied
by a plan drawn to scale and dimensions showing the proposed building
in its exact relation to lot and street lines based upon a current
survey of the property as prepared by a New Jersey licensed professional
surveyor.
[Added 4-20-2021 by Ord.
No. 03-2021]
No building hereafter constructed, erected or altered shall
be occupied or used in whole or in part for any use whatsoever, and
no change of use of any building or part thereof shall hereafter be
made, until an occupancy permit has been issued by the Zoning Officer,
certifying that the building or use complies with provisions of this
chapter and with the zoning permit issued therefor, if any. Such occupancy
permits shall be issued or denied by the Zoning Officer within 10
days from date of written application therefor.
[Added 4-20-2021 by Ord.
No. 03-2021]
Fees for zoning permits are established as follows:
a.
The fee for a zoning permit shall be $35.
b.
In the event that a zoning fee has been paid in accordance with this
section and there is an application required in connection with that
fee to be made to the Planning Board of the Borough of Allentown,
then the fee paid hereunder for the zoning permit shall be applied
to and credited against the application fee for development to the
Planning.
[Added 4-20-2021 by Ord.
No. 03-2021]
Immediately upon adoption of this amended chapter, the Borough
Clerk shall file a copy of this chapter with the Monmouth County Planning
Board as required by law. All amendments, modifications and changes
in the Land Development Regulations hereinafter adopted by the Allentown
Borough Council shall be filed by the Borough Clerk with the Monmouth
County Planning Board.
[Added 4-20-2021 by Ord.
No. 03-2021]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof and upon suit instituted by the Zoning Officer, be liable to the penalty stated in Chapter 1, Section 1-5.
The continuation of such violation in each successive day shall
constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as
provided above for each separate offense. In addition to the above,
where the public health, safety and welfare require it, the Borough
of Allentown may institute or maintain a separate action for injunctive
relief to restrain or prevent continued violation.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
For the purposes of this chapter, the Borough of Allentown is
divided into the following classes of districts:
[Added 4-20-2021 by Ord.
No. 03-2021; amended 2-28-2023 by Ord. No. 02-2023]
a.
Map Adopted. The districts or zones established in § 28-10.1 are bounded and defined as shown on the map entitled "Zoning Map of the Borough of Allentown, Monmouth County, New Jersey" dated September 1, 2020, and as may be amended which map is declared to be part of this chapter and found in Appendix A.
Editor's Note: The Zoning Map may be found as an attachment to Chapter 28 as Appendix A, Zoning Map.
[Added 4-20-2021 by Ord.
No. 03-2021]
Where uncertainty exists with respect to any of the boundaries
as shown on the Zoning Map, the following rules shall apply:
a.
Where a boundary line is shown as approximately following the center
line of a street or highway, a street line or highway right-of-way
line, such center line, street line or right-of-way line shall be
construed to be the boundary.
b.
Where a boundary line follows a stream, the boundary shall be deemed
to be the center line of the stream. For any lake, pond, reservoir,
river or other body of water, the regulations of the district in which
they are located shall apply.
c.
Where a boundary line is shown as approximately parallel to a street,
highway, stream or railroad line, the boundary shall be construed
as being parallel thereto and at such distance from the center line
as dimensioned on the Zoning Map.
d.
Where a boundary line divides a lot at the time the line is adopted,
the regulations for the less restricted portion of the lot shall extend
not more than 50 feet into the more restricted portion, provided that
the lot has frontage only on the street in the least restricted zone.
[Added 4-20-2021 by Ord.
No. 03-2021]
Except as hereinafter provided:
a.
No building or land shall be used or occupied and no building or
part thereof shall be erected, moved or altered unless in conformity
with the regulations specified in this chapter for the district or
zone in which it is located.
b.
No building shall be erected or altered or exceed the height; accommodate
or house a greater number of families; occupy a lesser amount of floor
space; have narrower or smaller rear yards, front yards, side yards,
inner or outer courts, than as specified in this chapter for the district
or zone in which the building is located. However, such a nonconforming
structure may be altered or enlarged so long as the use of the premise
is permitted in the zoning district and any proposed addition is in
conformance with the schedule of yards, height and any other zoning
district requirements.
c.
No part of a yard or other open space required about any building
for the purpose of complying with the provisions of this chapter shall
be included as a part of the yard or other open space similarly required
for another building.
[Added 4-20-2021 by Ord.
No. 03-2021]
The provisions of this chapter shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
comfort, convenience and general welfare. It is not intended by this
chapter to repeal, abrogate, annul or in any way to impair and interfere
with any existing provisions of the law or of any ordinance other
than prior zoning ordinances or any rules, regulations or permits
previously adopted or issued, or which shall be adopted or issued
pursuant to law relating to the use of buildings or premises. Any
restrictions or requirements with respect to buildings or land or
both which appear in other ordinances of the Borough of Allentown,
except existing zoning ordinances established by law and which are
more restrictive than those set forth in this chapter shall take precedence
over those herein.
It is not intended by this chapter to interfere with or abrogate
or annul any easements, covenants or other agreements between parties.
However, where this chapter imposes a greater restriction upon the
use of a building or premises or upon the height of the building or
requires larger yards, or other open spaces than is imposed or required
by existing provisions of law or ordinances or by any rule, regulation
or permit or by such easements, covenants or agreements, the provisions
of this chapter shall control.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Undersized Lots of Record. Any lot of record, which legally existed
at the time of this chapter, or which was legally created under the
provisions of any zoning law that was in effect at the time the lot
was created, and which does not meet the requirements for minimum
lot width and/or minimum lot area that now apply, may be used for
a permitted use.
b.
Height of Appurtenances Attached to Principal Structures. Appurtenances
attached to principal structures. House of worship spires, belfries,
cupolas, domes or antennas attached to buildings, silos or penthouses
(not for human occupancy) chimneys, ventilators, skylights, water
tanks, bulkheads, and necessary mechanical appurtenances usually carried
above roof level shall not be considered when determining the height
of the building, and are generally not subject to height limitations
of any sort except that such features shall not exceed 20% of total
roof area and shall not exceed a height such as is necessary to accomplish
the purpose for which it is intended to serve. In residential zones,
however, and on properties adjacent to single-family residential zones,
such appurtenances, which exceed the height limitation for single-family
residences by more than five feet shall not be located nearer to any
property line than a distance equal to its height above the ground.
c.
Yards. Open fire escapes may not project more than five feet into
any side or rear yard in a residential zone. A paved terrace at ground
level shall not be considered in the determination of side or rear
yard sizes or lot coverage provided, however, that the terrace is
unroofed and without walls, parapets, or other forms of enclosure.
No paved terrace shall be permitted closer than five feet to any side
or rear property line.
d.
Irregularly Shaped Lots. In the case of irregularly shaped lots,
the minimum lot frontage specified in the schedule may be measured
at the rear line of the required front yard, provided that the lot
frontage measured at the street right of way shall not be less than
70% of the minimum lot width as specified in the schedule.
e.
Yards.
1.
To maintain the prevailing pattern of historic development, the front and side yard setbacks within the Historic Districts for existing historic buildings with nonconforming setbacks can be reconstructed in the same footprint of the historic building provided that the building is consistent with the design guidelines and criteria of the Historic Preservation Ordinance. Existing non-historic buildings may also be reconstructed within the same manner as historic structures utilizing the design guidelines of this chapter including § 28-12, Design Standards. Construction of all other structures must conform to the requirements of the district as specified in Appendix C, Schedule of District Regulations, Area, Yard and Building Requirements in § 28-10.9.1 and paragraphs 2 through 5 below.
Editor's Note: Appendix C, Schedule of District Regulations, may be found as an attachment to Chapter 28.
2.
Structures must conform to the front yard requirements of the district
except where principal structures located on one or both adjoining
lots are closer to the street than the front yard requirement allow.
To promote uniformity in setbacks in these situations, the following
shall govern required front yard setbacks.
3.
In the case of lot located between two existing structures, each
located closer to the street than the district requirements allow,
the average front yard dimension of the two adjacent structures shall
be the required front yard dimension for the subject property.
5.
If the subject property is located at the intersection of two public
streets, the required front yard dimension for each street may be
calculated as described above except that the front yard dimensions
for the two properties nearest the subject property along a particular
street shall be used to calculate the required front yard dimension
for that street. The two closest properties may both be to one side
of the subject property or one may be located across the intersection.
f.
Ramps and Other Structures to Accommodate the Disabled. Ramps, lifts
and other structures installed to accommodate the disabled may project
into front, side or rear yards, provided:
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
No structure shall be built within 50 feet of the designated floodplain
of any watercourse or on land which has an average water table within
two feet of the ground surface.
b.
No person shall strip, excavate, or otherwise remove top soil from
any parcel of land, except as provided herein, or in conformance with
an approved soil erosion and sediment control plan.
c.
Existing natural features such as trees, brooks, drainage channels
and views shall be retained. Whenever such feature interferes with
the proposed use of property, a retention of the maximum amount of
such features consistent with the use of the property shall be required.
[Added 4-20-2021 by Ord.
No. 03-2021; amended 7-6-2021 by Ord. No. 06-2021]
a.
One Principal Building Permitted. No lot shall have erected upon
it more than one principal residential building with the exception
of the Historic Business District (HB-D) zone. No yard or other open
space provided around any building for the purpose of complying with
the provisions of this chapter shall be considered to provide a yard
or open space for any other building.
b.
Accessory Buildings. An accessory building attached to a principal
building shall comply in all respects with the yard requirements of
this chapter for the principal building. Detached accessory buildings
shall be located to the rear of the front building line of the principal
building and if located in a side yard area, shall conform to the
side yard requirements of the schedule.
c.
Frontage on Public Street Required. Every principal building shall
be built upon a lot with frontage on a public street improved to meet
the Borough of Allentown or Monmouth County requirements or for which
such improvements have been insured by the posting of a performance
guarantee pursuant to the land subdivision ordinance unless relief
has been granted by the Planning Board.
d.
Obstruction of Intersections Prohibited. At the intersection of two
or more streets, no hedge, fence or wall, other than a single post
or tree with branches trimmed to a height of seven feet above grade
or which is not higher than 30 inches above curb level, nor any other
obstructions to vision shall be permitted in the triangular area formed
by the intersecting street lines and a line joining each 50 feet distance
from the intersections along the street lines.
e.
Yards Facing Public Streets. All yards facing on a public street
shall be considered front yards and shall conform to the minimum front
yard requirements for the zone in which located. Corner lots shall
provide the minimum front yard requirements for the respective zone
for both intersection streets, for both principal and accessory buildings.
f.
Storage in Front Yards Prohibited. No front yard shall be used for
open storage of boats, vehicles or any other equipment except for
vehicular parking on driveways.
g.
Display of Goods Regulated.
1.
Temporary, special or seasonal sales and displays may be permitted
in accordance with a permit issued by the Zoning Officer and in compliance
with the following:
2.
Outdoor displays and temporary sales shall be limited to those materials
and goods that are connected with the principal use on the premises.
3.
Goods that are displayed or sold outdoors shall not be located closer
than 20 feet from any street or 10 feet from a rear or side property
line.
4.
Goods that are sold or displayed outdoors shall be located on a paved
surface and shall not interfere with off-street parking areas, vehicular
circulation or fire protection accessibility. Sidewalk sales shall
be permitted, provided that the goods displayed and sold outdoors
do not interfere with pedestrian circulation.
5.
Temporary sales and outdoor displays shall be limited to one week
in duration. Not more than six such sales and special displays shall
be allowed per year.
h.
All yards, parking, etc., to be contained in one zone. In any zone
all yards, open space, off-street parking and landscaping must be
contained within that zone.
i.
Essential Public Services. Essential public services shall be permitted
as authorized and regulated by law and other ordinances of the Borough
of Allentown in any district.
j.
Street Vacation. Whenever any street, alley or other public way is
vacated by official action of the Governing Body, the zoning district
shall be automatically extended to the center of the vacated public
way and all area included in the vacated area in question shall be
subject to all appropriate regulations of the extended districts.
k.
Corner Lot Accessory Buildings. For the purpose of regulating the
locations of accessory buildings on corner lots, all portions of a
corner lot or a through lot which fronts on a public street shall
be subject to the front yard requirements of the zone district in
which the corner lot or through lot is located, provided further that
no accessory building shall be permitted in any required front yard.
l.
Prohibited Uses. Any use not specifically permitted in a zoning district
established by this chapter is hereby specifically prohibited from
that district, and further provided that the following uses and activities
shall be specifically prohibited in any zone in the Borough of Allentown.
1.
All carports.
2.
Boardinghouses.
3.
All billboards, sign boards, advertising signs or devices not expressly
related to the business being conducted on the premises or otherwise
specifically permitted in this chapter.
4.
Auction markets.
5.
Miniature commercial golf courses, golf driving ranges and similar
outdoor commercial recreation facilities.
6.
Junkyards, automobile wrecking or disassembly yards, the sorting
or baling of scrap metal, paper, rags or other scrap or waste material,
asphalt plants, concrete plants, asphalt batching plants, concrete
batching plants, asphalt mixing plants, concrete manufacturing plants,
auto racetracks, commercial horse or dog racetracks, secondhand or
used car lots, except as an accessory use to a new car agency.
7.
Keeping or raising chickens, roosters, donkeys, goats, mink, foxes
or similar fur-bearing animals.
8.
Trailer courts, trailer coaches used as dwellings, offices or storage
facilities or commercial activities related to the outdoor storage
or display of trailer coaches, except that during periods of construction,
transportable or wheeled offices may be permitted specifically limited
as to the extent of time of such use.
9.
Privately operated dumps for the disposal of garbage, trash, junk,
refuse and similar materials.
10.
Open-air drive-in moving picture theaters.
11.
Seasonal resort cottages or migrant farm labor housing.
12.
Any use of any building or premises in such a manner that the health,
morals, safety or general welfare of the community may be endangered.
13.
Any use which emits excessive and objectionable amounts of dust,
fumes, noise, odor, smoke, light, vibration, glare or waste products.
14.
Slaughtering of fowl or animals.
15.
Hotels and motels.
16.
Laundries or dyeing and cleaning works employing more than five persons
in these processes.
17.
Milk bottling and distribution plants and other bottling works.
18.
The storage of explosives and the storage of crude oil or any of
its volatile products or other flammable liquids in aboveground tanks
with capacity greater than 550 gallons.
19.
Lumber and coal yards, building material yards, storage warehouses,
except to serve a local retail business, hay presses and handling
or processing such bulk flammable farm products as hay and straw.
20.
Outdoor vending machines other than for the sale of newspapers.
21.
The operation of Cannabis Cultivators, Cannabis Distributers, Cannabis
Manufacturers, Cannabis Wholesalers, Cannabis Retailers, Medical Cannabis
Alternative Treatment Centers, Medical Cannabis Cultivators, Medical
Cannabis Dispensaries, and Medical Cannabis Manufacturers.
[Added 7-6-2021 by Ord.
No. 06-2021]
m.
Garages and Driveways. All one-family dwellings constructed shall
have an attached or detached garage having a minimum area of 250 square
feet and shall provide a driveway connecting the garage to a street
on which the lot abuts. Driveways shall be a minimum of 12 feet in
width and provide parking for a minimum of two cars. Two-family dwellings
shall have adequate driveway or garage space to house or contain off-street
parking for at least three cars.
n.
Houses of Worship. Houses of Worship and religious instruction shall
have a minimum lot area of two acres. No building or accessory building
shall be within 50 feet of any lot or street line. Such uses must
comply with all other requirements of the zone in which located.
o.
Charitable Activities. Nothing in this chapter shall be construed
as limiting local temporary charitable and civic activities, such
as firemen's fairs and the like, provided such use shall not exceed
10 days and shall comply with all other ordinances and regulations
of the Borough of Allentown.
p.
Disabled or Unregistered Vehicles. No more than one temporarily disabled
motor vehicle shall be permitted for more than 30 days except at locations
licensed by the Borough of Allentown as being in the automotive repair
business.
q.
In all residential zones, decks may be installed and constructed
within the rear yard set-back area provided the following conditions
are met:
1.
Attached to principal structure: on lots less than 10,000 square
feet the rear yard setback is 10 feet and for lots 10,000 square feet
or greater the rear yard setback is 15 feet.
2.
Side yard setbacks shall be that of the principal structure per the
zone.
3.
"Attached" is defined as being connected, adjacent or touching in
anyway. Any bridge attachment from the house to the deck will deem
the deck connected.
4.
Residential deck detached from principal structure: the rear yard
setback shall be 15 feet and the side yard setback shall be either
10 feet or the minimum side yard setback for the principal structure,
whichever is less.
r.
Residential concrete slab patios, stamped concrete patios, paver
patios and permeable paver patios - rear and side yard setback shall
be 10 feet.
s.
Height. The height of a building shall be measured from the top of
the curb at the center of the front of the building on which the main
entrance is located. If there is no curb in front of the building,
the building height shall be measured from the heights of the crown
of the center of the road at the center of the front of the building
on which the main entrance is located.
t.
Flag Lots.
1.
A "flag lot" shall be defined as:
"A lot not satisfying the conventional minimum lot frontage
requirements of the zone district, generally configured in the shape
of a flag, with its road frontage provided by a strip of land referred
to as the 'flag staff' portion of the lot."
2.
Flag lots as defined in paragraph t1 above shall not be permitted
in any residential zoning district.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
The area, yard and building requirements established by this
chapter are included in Appendix C, Schedule of Area, Yard and Building
Requirements, hereinafter referred to as the Schedule of District
Regulations attached to and made a part of this chapter. The regulations
included in the schedule are established as minimum regulations of
this chapter. Essential public service facilities deemed necessary
and appropriate by the Planning Board may be exempted from such requirements
by waivers granted as part of development application approvals.
Editor's Note: Appendix C, Schedule of District Regulations, may be found as an attachment to Chapter 28.
[Added 4-20-2021 by Ord.
No. 03-2021]
In residence districts no building or structure shall be used
and no building or structure shall be erected or altered to be used
for any purpose other than the following:
a.
Detached single-family dwelling.
b.
Any form of agriculture or horticulture except the keeping or handling
of farm livestock.
c.
Greenhouses.
d.
The sale of farm products on properties where produced, provided
that no structure may be erected or advertising displayed to facilitate
such sale.
e.
Millinery or dressmaking, except that no advertising signs or display
of the product is permitted.
f.
Essential public services.
g.
Municipal buildings, parks, playgrounds, and other governmental uses,
public libraries and museums.
h.
Community residences for the developmentally disabled housing six
persons or less, excluding resident staff, for housing developmentally
disabled persons as defined by N.J.S.A. 40:55D-66 et seq. exclusive
of alcoholism and drug or narcotic related disabilities; and mentally
ill persons defined as mentally deficient, mentally retarded and mentally
ill persons as defined by N.J.S.A. 30:4-23 exclusive of alcoholism,
drug and narcotic related mental illnesses and persons committed after
having been found guilty or not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
Such residences shall be deemed to be permitted uses in residence
districts upon proof being submitted to the Zoning Officer that such
proposed residences shall have been approved for a purchase of service
contract or an affiliation agreement pursuant to such procedures as
shall be established by regulations of The New Jersey Department of
Human Services, Division of Mental Retardation, or like State agency,
as encompassed in the "Manual of Standards for Licensed Community
Residences for the Developmentally Disabled." Such community residences
for the developmentally disabled shall remain permitted uses as long
as the license issued to such facility by the New Jersey Department
of Human Services has not been placed under probationary or provisional
license restrictions, be revoked or suspended, and such condition
exists in excess of 30 days. In the event of a revocation, suspension
or probation of a license, the residence shall not be deemed to be
a permitted use until the owner thereof shall file with the Zoning
Officer written proof of reinstatement of the license by the Department
of Human Services; and upon failure to obtain reinstatement of the
license within 90 days of suspension, probation, or revocation of
the license by the Department of Human Services the use of the premises
as a residence for the developmentally disabled shall cease and terminate.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Home offices are permitted provided that the following conditions
are met:
1.
The business so conducted is not open to the public for visitation.
2.
The business requires no signage.
3.
The business requires no parking for employees.
4.
The business requires no employees to live at the premises, other
than persons who normally live at the premises as their personal residence.
5.
No deliveries are made by truck other than U.S. Mail and/or parcel
post delivery service such as U.P.S. or Federal Express.
6.
No more than one person who is not a resident of the home may be
employed on the premises at any one time.
b.
Home occupations are permitted provided that the following conditions
are met:
1.
No more than one person who is not a resident of the home may be
employed on the premises at any one time.
2.
No more than 500 square feet, or the equivalent of 40% of the first
floor area of the home, whichever is smaller, shall be used for such
purposes.
3.
The home occupation remains subordinate and incidental to the principal
residential use.
4.
No display of products shall be visible from the street.
5.
The residential character of the neighborhood and building shall
not be changed.
6.
The occupation shall be conducted entirely within either the dwelling
or accessory building, but not conducted in both. No occupational
sound shall be audible outside the building.
7.
No machinery or equipment shall be used which will cause interference
with radio and television reception in the neighboring residences.
c.
Private garages for use by owner-occupant.
d.
Fences, not exceeding six feet in height, as per § 28-10.10.4.
e.
Private swimming pools (noncommercial) and tennis courts.
f.
Tool sheds or storage buildings not exceeding 150 square feet and
having the minimum setbacks defined herein:
g.
Animal shelters for domestic pets. Such animal shelters, except on
farms, shall not exceed 10 square feet in area.
h.
Essential services as defined in this chapter.
[Added 4-20-2021 by Ord.
No. 03-2021]
The following uses may be permitted with a conditional use permit
subject to the provisions of this chapter.
a.
Intent.
1.
Recognizing the necessity for certain specific uses, while at the
same time appreciating the fact that they may be or may become detrimental
to the public health, safety and general welfare of the community
if improperly designed or located without due consideration to the
existing conditions and surroundings, the standards and procedures
in this section are hereby established.
2.
A conditional use is a permitted use, not as a matter of right, but
rather at the discretion of the Planning Board based upon satisfactory
compliance with articulated criteria and standards as specified herein.
3.
These standards are intended to provide the Planning Board with a
guide for the purpose of reviewing applications for conditional uses
as provided for by this chapter. In reviewing an application, the
Planning Board may act on site plans submitted to it or may suggest
modifications and changes. In approving an application, the Planning
Board may require, in addition to features specified, such other features
of design, in keeping with the intent thereof, that will further the
purpose of these standards and regulations. Such features shall be
provided and maintained as a condition of the establishment and maintenance
of any use to which they are a condition of approval.
4.
Notwithstanding compliance with specific conditional use standards
hereinafter set forth, no conditional use will be permitted if the
use at the proposed location would be detrimental to the health, safety
and general welfare of the community.
b.
Essential public services facilities other than customarily required
for providing individual service onsite.
c.
In the HR-40 zone, two-family dwellings, provided that each dwelling
unit shall consist of at least two rooms, together with kitchen and
bath, and that the minimum floor area of each dwelling unit shall
be not less than 800 square feet.
d.
Community residences for more than six and not more than 15 residents,
exclusive of residential staff as defined and provided for by the
Department of Human Services, N.J.S.A. 40:55D-66 et seq. or as amended.
e.
In the HR-40 zone, zero-lot-line houses wherein one common side yard
may be omitted entirely and two houses built semidetached may be permitted
in the zone(s), provided that:
1.
Two zero-lot-line houses are built at the same time with a common
party wall.
2.
Each remaining other side yard shall have a width equal to the aggregate
prescribed for both side yards on any one lot.
3.
If the two lots upon which the zero-lot-line houses are proposed
are under separate ownership, then application for conditional use
shall be made jointly by both parties.
4.
All adjoining structures shall be constructed so as to be of the
same exterior architectural style and design, and no structure shall
be constructed, removed, maintained or altered in any manner so as
to change the exterior architectural style and/or design of the structure
from that of the adjoining structure.
[Added 4-20-2021 by Ord.
No. 03-2021]
In addition to the provisions of § 28-10.9.4, the following requirements are necessary for a conditional use permit:
[Added 4-20-2021 by Ord.
No. 03-2021]
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, community residences for persons with head injuries,
adult family care homes for elderly persons and physically disabled
adults and all other entities which may, in the future, be set forth
in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2 as amended from time
to time, are permitted uses for all residential districts of the Borough.
The requirements for said uses shall be the same as for single family
dwelling units located within such districts.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
In the case of a lot extending through from street to street, the
front yard requirements shall be observed on both streets.
b.
Side Yards for Residential Districts. There shall be two side yards,
each with a width prescribed in the Schedule of Area, Yard and Building
Requirements, incorporated in the "Zoning Map of the Borough of Allentown,
Monmouth County, New Jersey", except that lots existing at the time
of the enactment of this chapter having a width less the minimum required
in the applicable zone shall have side yards defined as follows:
1.
For each foot less than the required lot width in the applicable
zone, the applicant may reduce the total width of the two side yards
by six inches, up to a total of six feet.
2.
The reduced total width shall then be apportioned between the two
side yards, except that the width of the narrowest side yard shall
not be less than 1/3 the total width of the two side yards or a width
of six feet, whichever is greater.
c.
Frontage Area and Depth Requirements.
1.
No lot not meeting the requirements of § 28-10.9 for its respective zone shall be built upon except where deeds for smaller lots were of record prior to the effective date of this chapter or such lots were plotted or plans filed in the Monmouth County Clerk's office prior hereto. Yard and height provisions shall be applicable to all lots of whatever size.
d.
Private Garages and Other Outbuildings Other Than a Shed. No garage
or other outbuilding shall be placed nearer to a rear property line
than five feet, and for each foot the rear wall of such building exceeds
10 feet, the offset from the rear property line shall be increased
by one foot. As to side yards, the applicable yard requirements set
forth in the district schedule shall prevail. No detached garage or
other outbuilding shall be placed nearer to a side street line than
a distance equal to half the width of the lot. However, nothing herein
shall prevent building a common or joint garage upon lots adjoining
at the side, nor prevent the construction of a garage as a structural
part of a dwelling provided that the outer walls of the garage are
taken as the main walls of the building when measuring the front,
side and rear yards required under the district schedule.
[Added 4-20-2021 by Ord.
No. 03-2021]
No conditional use permit shall be issued unless the Land Use
Board shall determine that:
a.
Houses of Worship.
1.
That the parking and all other zoning requirements contained herein
are met.
2.
That the proposed use is a bonafide non-profit religious organization
operated solely for the recreation and enjoyment of the members of
the organization.
3.
That the proposed use of the property as a house of worship in the
proposed location will not adversely affect the safe and comfortable
enjoyment of the property rights or otherwise adversely affect the
value of adjacent properties. Further, that the design of any structures
erected in connection with such use are in keeping with the general
character of the area and that sufficient landscaping, including trees,
shrubs and lawn are provided to serve as a buffer between the use
and adjoining properties and assure an attractive appearance for that
use. In addition, any required parking for an existing use or expanded
use will meet all requirements and fall under the conditions of this
subsection c. not adversely affecting the property rights or affecting
the property values of adjacent properties.
b.
Public Utilities and Other Essential Public Service Facilities.
1.
The proposed installation in a specific location is necessary and
convenient for the efficiency of the public utility system, and for
the satisfactory and convenient provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
2.
The design of any building or structure in connection with such facility
conforms to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights of the
zone in which it is located.
3.
Adequate and attractive fences, buffer areas and other safety devices
will be provided.
4.
Sufficient landscaping, including shrubs, trees and lawn are provided
which will be periodically maintained.
5.
Adequate off street parking will be provided.
6.
All of the area, yard and building coverage requirements of the respective
zone will be met.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Permitted uses as listed in Appendix B at the end of this Chapter:
Editor's Note: Appendix B, Permitted Uses in the Historic Business District, may be found as an attachment to this Chapter 28.
b.
Municipal buildings and other governmental uses as reviewed and recommended
by the Planning Board.
c.
Single- and two-family residences and residential apartments of up
to six units.
d.
Other uses that are permitted in residential districts with a conditional
use permit or special use permit.
[Added 4-20-2021 by Ord.
No. 03-2021]
Same as allowed in residential zones.
[Added 4-20-2021 by Ord.
No. 03-2021]
b.
All business district uses, except single family residences shall
be subject to the site plan review provisions of this chapter.
c.
Any uses specifically not permitted are prohibited.
d.
Signs may be installed in accordance with the provisions of § 28-10.10.2 of this chapter.
e.
All commercial uses in the HB-D zone shall provide off-street paved parking in accordance with the provisions of § 28-10.10.1.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
At the time of construction, enlargement, alteration or increase
of capacity, or change in the use of any building, structure or property
in the Borough, there shall be provided improved and usable off-street
parking spaces in accordance with the requirements specified in this
subsection.
b.
None of the off-street parking facilities shall be required for any
existing building or use unless such building or use is enlarged or
expanded in which case the provisions of this chapter shall apply
only to the enlarged portion of the building or use.
c.
Parking facilities may be located in any yard area in all zones unless
otherwise provided for in this chapter. In single-family residential
zones, any parking facilities with a capacity of more than four vehicles
shall be permitted only in a side or rear yard.
d.
No required off-street parking area shall be encroached upon by any
buildings, open storage, or any other uses than the parking of motor
vehicles.
e.
No parking spaces, access drive or aisle shall be located closer
than 10 feet to any street line, or closer than five feet to any side
or rear property line, or within any required buffer area.
f.
All off-street parking spaces, aisles, and access drives shall be graded, paved in accordance with pavement and drainage standards established in § 28-11, Improvements of the Land Development Regulations.
g.
The surface of pavement in any parking area with a capacity of more
than four vehicles shall be marked with solid white or yellow painted
lines in such a manner as to indicate each individual parking stall
and the direction of traffic flow in each access drive and aisle.
h.
No ingress or egress drive shall enter upon a public road or highway
at a point closer than 50 feet to any street intersection or closer
than 30 feet to any other access drive on the same property or any
other property. These distances shall be measured between the curbline
or the pavement edge nearest to the other drive or road in question.
i.
In the Multifamily residential zone, ingress and egress drives shall
have a width of at least 12 feet for one-way drives, and at least
20 feet for two-way drives. No ingress or egress drive shall have
a width greater than 30 feet.
j.
Aisles providing direct access to parking stalls shall have minimum
widths as specified herein:
1.
For sixty-one-degree parking up to and including 90° parking:
24 feet.
2.
For forty-six-degree parking to sixty-one-degree parking: 16
feet.
3.
Only one-way traffic shall be permitted in aisles providing
access to other than 90° parking stalls, except that two-way traffic
may be permitted in aisles serving parallel parking spaces, provided
the aisles have a minimum width of 18 feet.
k.
In the case of mixed or multiple uses on a single property, the total
requirements of off- street parking spaces shall be in the sum of
the requirements of all the various uses computed separately.
l.
The parking areas of adjacent properties may be interconnected by
not more than two driveways having a width of not less than 20 feet
nor more than 30 feet.
m.
No lawn area, buffer strip or other unpaved area shall be used for
the parking of motor vehicles except on an emergency basis. If the
minimum required parking areas do not prove sufficient to accommodate
all vehicles parking the property, such additional parking spaces
shall be provided as to permit all vehicles to park on a paved area
in accordance with the standards established in this section.
n.
Parking spaces shall be a minimum of nine feet by 18 feet and shall
be striped with four-inch striping.
o.
Parking spaces for handicapped vehicles shall comply with the design
and user access requirements of the Americans with Disabilities Act.
Parking spaces at the ends of parking aisles which abut grassed or
landscaped islands shall provide for an additional width of one foot
or provide for decorative access surface at the level of the grassed
or landscaped island (such as pavers, grass-crete) for vehicular passengers.
p.
Minimum Parking Spaces. The following minimum parking standards shall
apply.
|
PARKING STANDARDS
Borough of Allentown
| |
|---|---|
|
Land Use Category
|
Parking Standard
|
|
Residential Uses
|
Shall conform with the parking requirements in N.J.A.C. 5:21,
Residential Site Improvement Standards
|
|
Retail and Service Stores except where otherwise specified
|
1/250 square feet
|
|
Banks, Financial and business offices/professional offices
|
1/250 square feet
|
|
Medical/dental offices
|
1/250 square feet
|
|
Restaurants, cafeterias, taverns, bars (indoor)
|
1/for each 4 seats (customers) + 1/for every 2 employees
|
|
Personal Service Uses (Not Specified)
|
1/250 square feet
|
|
Barber and beauty shops
|
1.5 space/per chair + 1.0 space for each employee
|
|
Retail sale of furniture, appliances, hardware
|
1/500 square feet
|
|
Supermarkets, self-service food stores
|
1/200 square feet
|
|
Auditoriums, houses of worship, libraries, theatres, stadiums,
assembly halls and similar places of assembly
|
1/per 4 persons who may be legally admitted
|
|
Nursing homes and similar institutional uses
|
1/4 beds + 1/every 2 employees in largest working shift
|
|
Assisted Living
|
Min. 0.5 per D.U + 1 space every shift 2 employees max.
|
|
Health Clubs, gymnasiums and similar uses
|
1/100 square feet + 1 per employee
|
|
Recreation centers, clubs and service organizations
|
1/300 square feet
|
|
Parks and outdoor recreation sites
|
5 spaces/each gross acre of land up to 50 acres; and 1 per gross
acre of land above 50 acres
|
|
Mortuaries and funeral homes
|
1/50 square feet floor area in the slumber rooms, parlors or
individual funeral service rooms
|
|
School for the arts — educational services
|
1 space for each 2 faculty plus full-time employee, plus 1 space
for each 5 students in attendance at 1 time
|
|
Diagnostic Imaging Centers and Home Health Care Centers
|
1/150 square feet
|
|
Mixed Uses
|
If there are 2 or more uses on 1 lot it shall be the aggregate
of the required number of parking spaces for each use, computed separately
|
|
Public Utility
|
5 spaces; and 1 for every 1 truck or vehicle stored on premises
|
|
If any uses are proposed that are not specified within the parking
standards the number of parking spaces shall be determined by the
Board on the basis of the number of persons to be employed or reside
in or visit said building and the anticipated use by residents, visitors,
or patrons of transportation modes other than private automobiles.
| |
q.
Shared Parking. Reduction of the required number of parking spaces
may be permitted by the Board, upon demonstration that shared parking
is feasible, likely, and adequate. Nothing in the above requirements
shall be construed to prevent the employment of shared parking.
r.
Off-Site Shared Parking. For parcels that cannot accommodate all
or a portion of their required parking spaces, the differential parking
requirement may be shifted to an adjacent property determined by the
Zoning Officer to have parking in excess of zoning requirements or
parking that is demonstrated to be unused during normal hours of operation.
This would require the submission of a memorandum of agreement between
the two property owners, which demonstrates the shifting of parking
spaces from one site to an adjacent site.
s.
Off-Street Loading and Unloading Provisions.
1.
For every building, structure, or part thereof having over 3,000
square feet of gross building area erected and occupied for commerce,
hotel, hospital, laundry, dry cleaning, places of public assembly,
industry and other similar uses involved in the receipt and distribution
by vehicles of materials or merchandise there shall be provided and
permanently maintained adequate space for standing, loading and unloading
services in order to avoid undue interference with the public use
of streets or alleys. Every building structure or addition thereto
having a use which complies with the above definition shall be provided
with at least one truck standing, loading and unloading space on the
premises not less than 12 feet in width, 35 feet in length and 14
feet in height.
2.
Access to truck standing, loading and unloading space shall
be provided directly from a public street or alley or from any right
of way that will not interfere with public convenience and that will
permit orderly and safe movement of truck vehicles.
3.
Loading space as required under this subsection shall be provided
as area in addition to off-street parking space and shall not be considered
as supplying off-street parking space unless waived by the Planning
Board on site plan review.
4.
Off-street loading and unloading areas shall be paved and adequately
drained, all subject to approval of the Borough Engineer.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
DIRECTIONAL SIGN
DISPLAY AREA
FACADE AREA
1.
2.
3.
POLITICAL SIGN
PREMISES
REAL ESTATE SIGN
SIGN
SIGN AREA
SIGN FACE
SIGN STRUCTURE
STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean any sign which is designed and erected solely
for the purpose of traffic or pedestrian direction which is placed
on the property to which or on which the public is directed. Such
signs may contain a business or professional name, but no advertising
copy. Such design shall not exceed three square feet, except in residential
districts where such signs shall not exceed one square foot, and as
otherwise specified herein.
Shall mean the portion of the sign on which the message should
be placed.
Shall mean the exterior width of a structure in commercial
use, multiplied by 10 feet for each floor for which business is actively
engaged, for the vertical dimension, to create an area in square feet
for the purpose only of calculating allowable sign area. Storage,
unimproved, vacant or noncommercial space, attics or lofts, all located
above the first floor, shall not qualify for calculation of facade
area. Noncommercial first floor area shall cause a proportionate reduction
in the facade area for the calculation of allowable sign area.
IRREGULARLY SHAPED BUILDINGSBuildings which are not principally rectangular in shape. The Zoning Officer may designate the facade(s) which, at his or her sole discretion, best face the public streets and form the principal facade. A secondary facade may also be designated if the building faces a second public street. For example, three sides of an octagonal structure which face the street could be designated the primary facade.
PRINCIPAL FACADEThe facade of a structure where the primary entrance is located, typically the front side facing the street named in the property's postal designation. The placement of a main entrance at the corner or side of a structure near the street side shall not change the principal facade from the side facing the street.
SECONDARY FACADEA facade which faces a public street, other than the primary facade. The secondary facade area may be used to support additional signage only to the extent that it contains display areas, windows or other architectural features which makes its appearance substantially the same as the principal facade.
Shall mean a temporary sign which advertises candidates for
public office or statements on issues for which residents of the Borough
of Allentown are eligible to vote.
Shall mean any building, within which a permitted commercial
use is located, whether such business use occupies the entirety or
any portion of the building.
Shall mean any sign pertaining to the sale, lease or rental
of lands or buildings.
Shall mean any device that is intended to provide visual
communication to others. A "sign" may have any and all of the following
elements:
Shall mean the area in square feet of a rectangle drawn so
as to include the entire sign face. Any area upon which any logo,
trademark, or otherwise protected design, image or wording shall count
towards sign area.
Shall mean a plane consisting of the total area of the display
area and decorative features as viewed from a point of optimal visibility
of the display area and decorative features. No sign shall have more
than two "sign faces."
Shall mean any structure which supports, has supported or
is capable of supporting a sign, including decorative cover.
Shall mean the material means by which the other portions
of the sign are held in place.
b.
General Provisions.
1.
Signs in all zones, whether permitted or nonconforming, shall
be kept in good repair, which shall include replacement or repair
of broken or malfunctioning structural elements, casings, facings
or lighting elements and the maintenance of legibility. Upon determination
that a sign has become structurally unsafe or endangers the safety
of the building or the public, the Construction Official shall order
such sign to be made safe or removed. Such order shall be complied
with within 10 days of the receipt thereof by the owner of the building
or premises by which such unsafe sign is affixed or erected.
2.
In residential districts, no stationary signs shall be permitted,
except customary professional signs, tourist home signs not larger
than one square foot, real estate signs not larger than eight square
feet, when placed on properties offered for sale or rent, customary
signs identifying any building or use permitted under this chapter
and signs necessary to the public welfare.
3.
In the business district, no stationary signs shall be permitted
except those permitted in the residential districts and signs in accordance
with the schedule of sign area which governs the number of signs,
the total sign area and maximum sign area according to the facade
area of the business premises. The number of signs permitted in the
schedule of sign area shall not be exceeded except as follows:
(a)
Within a structure having a separate facade, entry and postal
designation, each such unit shall be considered a premises, or
(b)
Where there are multiple uses within a single premises, any
business served solely by a separate entrance and having a separate
facade from the primary entrance to the premises may erect a wall
mounted sign not to exceed six square feet on the facade on which
the facade is located and within five feet of the entrance.
4.
No sign may extend over the sidewalk or other public way for
a distance of more than five feet. All signs extending over a sidewalk
shall be erected at least 10 feet above the sidewalk, but shall be
no higher than 15 feet at the top edge of the sign. The maximum area
shall be 20 square feet. A sign erected in this fashion shall be considered
a single sign face, even if lettered on both sides.
5.
Advertising display on a building or structure shall be considered
as coming within the meaning of the above regulations.
6.
Directional signs having an area of less than two square feet
are exempt from any location regulations, except that they should
be located a minimum of five feet from any property line.
7.
No sign using red, green, blue or amber illumination in a beam,
beacon or flashing form, resembling emergency lights, shall be erected
in any location.
8.
No sign that fails to conform to these regulations shall be
rebuilt, enlarged, changed or moved.
9.
No sign except temporary signs, window signs, political, community
bulletin boards or directional signs shall be erected prior to the
issuance of a permit.
10.
A community bulletin board may be allowed upon the approval
of the Mayor and Council. Mayor and Council may allow or cause to
be erected signage areas deemed to be appropriate for the advertising
and display of items considered to be in the public interest.
11.
Signs required by the U.S. Department of Transportation "Manual
of Uniform Traffic Control Devices for Motor Vehicle, Pedestrian Safety"
and U.S. Americans with Disabilities Act.
c.
Prohibited Signs. The following are prohibited in all zones:
1.
Any sign which does not advertise a permitted business or use
located in the same premises.
2.
Roof signs and signs extending above the wall to which they
are attached.
3.
Permanent marquees extending over the sidewalk beyond the street
line, except as stated in paragraph b,4 above.
4.
Signs posted on fences, posts, utility poles or trees.
5.
Signs posted on Borough property, except where specifically
authorized by the Borough.
6.
Signs installed or painted on sidewalks or curbs.
7.
Signs using mechanical or electrical devices or wind to revolve,
flash or display movement or the illusion of movement or to spell
alternating messages.
8.
Signs on abutments, retaining walls or embankments.
9.
Signs painted directly on buildings which obstruct any windows.
10.
Signs which constitute a hazard to the traveling public by obstructing
driving vision, regulatory directional signs or signals.
11.
Pylon signs, except as permitted herein.
12.
Billboard signs.
13.
Automobile trailers, attached or unattached, or vehicles of
any nature bearing signs or advertisements, parked or left stationary
for more than 24 hours upon any vacant land or public street.
14.
Signs using any lighting or control mechanism which may cause
radio or television interference.
15.
Illuminated signs where the source of light is directly visible
from adjoining properties or streets.
16.
Neon, internally illuminated or other fluorescent signs.
17.
No provision contained herein shall be construed to prohibit
signs which issue warnings or safety messages such as, but not limited
to, "no hunting," "no trespassing," "beware of dog" or traffic directional
signs.
18.
All temporary signs, except as set forth herein.
19.
Sidewalk signs.
d.
Temporary Signs or Banners.
1.
Not more than one temporary sign shall be permitted on any lot
identifying architects, engineers, builders, brokers, contractors
or others connected with the construction of any building on such
lot. No such sign shall be displayed beyond the effective date of
any certificate of occupancy affecting the premises. Unless affixed
to the principal building, such signs shall be set back at least 10
feet from all property lines. Such temporary signs shall not exceed
15 square feet in area or 15 feet in height above the ground level.
2.
One temporary sign may be erected or installed without a permit
announcing that the property on which it is located is for sale or
rent. Such sign shall not exceed eight square feet. The sign shall
be set back a distance equal to one and one-half times its area in
square feet. The "for sale" or "for lease" sign shall be removed within
seven days following the completion of the sale or lease transaction.
3.
One sign may be installed upon issuance of a permit for the
announcement of grand openings or business closures (with a State
issued going out of business permit) not to exceed 30 days of total
signage for any of the above purposes.
4.
Directional signs advertising "Open House" on a property, yard
sales, car washes, etc. shall be allowed to be placed at the closest
main intersection on the day of the event only. Direction signs shall
not exceed four square feet. At no time shall a directional sign remain
overnight. The person who placed the signs shall be responsible to
take those signs down, in accordance with the time frame of no signs
to remain overnight.
e.
Political Signs. Temporary political signs shall be permitted in
all zones for a period of two months prior to a primary, general or
special election and for one week thereafter. The sign shall not exceed
12 square feet.
f.
Window Lettering and Window Signs. Window lettering and signs shall
be permitted only in the commercial zones. For the purpose of enforcing
this chapter, window lettering and signs shall be subject to the following
restrictions:
1.
All window lettering and signs shall be on the window interior
and shall be considered as a sign as defined in this chapter.
2.
Permanent window lettering or signs shall be permitted only
if the rectangle or circle confining such lettering or sign or the
background upon which it appears does not exceed 20% of the window
area and further, that no window sign shall exceed the total window
area permitted for a sign. Any painted area of any window shall be
construed as window lettering or signs, whether or not such area actually
contains lettering or background advertising.
3.
The window lettering or signs shall pertain only to the establishment
occupying that portion of the premises where the window is located.
4.
Temporary window lettering or signs advertising special sales
or events shall be removed within 7 days following the advertised
event or within 30 days after the affixing of the same, whichever
is earlier. Such temporary window lettering or signs, in conjunction
with any permanent window lettering or sign, shall not cover more
than 50% of the window area nor exceed the area permitted for a sign.
6.
All window lettering and signs shall be kept in good repair.
7.
The Zoning Officer shall have the authority to order the removal
of any window lettering or sign which does not conform to these specifications.
Any owner or tenant not complying within 72 hours of such order shall
be in violation of the provisions of this chapter and subject to the
penalties set forth herein.
g.
Permits.
1.
No sign shall be erected, enlarged or relocated except in accordance
with the provisions of this section and until a permit has been issued.
Any sign meeting all the requirements as set forth in this section
shall be issued a permit by the Zoning Officer without site plan review,
provided that no additional structure is necessary to mount the proposed
sign, and further provided that the sign to be erected will not be
illuminated.
2.
All applications for sign permits shall be either submitted
directly to the Planning Board, where illumination is requested, or
forwarded to the Zoning Officer before a permit may be issued. Such
application shall be accompanied by sketches and drawings showing
details of construction, support and attachment and shall delineate
the size, shape, design, coloring, lettering, lighting and position
in relation to the building from or upon which it shall be displayed.
3.
In addition, the issuance of a sign permit hereunder shall not
relieve the owner or the lessee of the premises from the duty to apply
for a construction permit, if required by the Uniform Construction
Code, nor relieve the permittee from the duty of maintaining any structure
in a safe condition.
4.
The following signs shall be permitted without the required
sign permit:
(a)
Signs designating entrance or exit to and from parking areas
for institutional public use, limited to one sign with the maximum
area of two square feet for each such exit or entrance. One additional
sign per parking area designating the conditions of use or identity
thereof, with a maximum area of six square feet, shall be permitted.
(b)
A sign with a maximum area of two square feet indicating the
name and address of the occupant of any dwelling and/or any professional
activity carried on therein.
(c)
Signs identifying the names of schools, colleges, houses of
worship or other similar public or semipublic institutions, provided
that:
(1)
The area of any freestanding sign shall not exceed
ten square feet and not more than one such sign shall be placed along
any street on which such property fronts.
(2)
Not more than two additional such signs may be
located on the walls of any structures on the site. The area of such
signs shall not exceed the lesser of 25 square feet or 2% of the area
of the wall to which it is affixed. The wall area shall be measured
from the ground level to the bottom of the roof eaves and from one
side of the building to the other.
(d)
Any sign erected by Allentown Borough, Monmouth County, the
State of New Jersey or the Federal government.
(e)
Signs used for protection of the public during construction,
repairs and emergencies.
h.
Residential Districts. Only the following signs shall be permitted
in any residential district:
i.
Historic District. All signs within the Historic Business District
(HB-D) must be in keeping with the area and style architecture of
the property on which it is being placed. The enforcing officer at
his or her sole discretion may refer any application for a sign to
the Historic Preservation Commission for their comment prior to the
issuance of a permit.
j.
Enforcing Officer. The Zoning Officer shall enforce the provisions
hereof.
k.
Schedule of Building Facade Area and Allowable Sign Area.
|
Schedule of Building Facade Area and Allowable Sign Area
| ||||||
|---|---|---|---|---|---|---|
|
Facade Area
|
Up to 200 Square Feet
|
201 to 350 Square Feet
|
351 to 500 Square Feet
|
501 to 750 Square Feet
|
750 to 999 Square Feet
|
1,000 and Greater
|
|
Sign Area, Percentage of Facade
|
20%
|
17%
|
14%
|
11%
|
8%
|
7%
|
|
Maximum Sign Area
|
30 Square Feet
|
45 Square Feet
|
50 Square Feet
|
55 Square Feet
|
60 Square Feet
|
70 Square Feet
|
|
Maximum Number of Sign Faces
|
3
|
3
|
3
|
3
|
4
|
5
|
|
Maximum Area per Sign Face
|
15
|
20
|
20
|
20
|
25
|
30
|
Facade area is defined as the width of a building facade
multiplied by 10 feet of height for each floor used for business purposes.
If a floor above the first floor is used only partly for business
uses, the facade area for that floor will be multiplied by the percentage
of the floor used for business purposes. Storage space, lofts and
attics above the first floor do not count towards facade area.
Example: Business "A" is in a building measuring 38 feet wide.
The entire first floor is occupied by businesses, as is half of the
second level. The third floor is residential apartments.
|
First Floor: 38 feet times 10 equals 380
|
|
Second Floor: 38 feet times 10 times 50% equals 190
|
|
Third Floor: 38 feet times zero (no business uses)
|
Total area equals 570 square feet. The applicant can
have 55 square feet of signage on up to 3 sign faces.
[Added 4-20-2021 by Ord.
No. 03-2021]
Temporary permits may be authorized by the Planning Board for
a period not to exceed six months for nonconforming uses incidental
to housing and construction projects, including such structures and
uses as a shed for the storage of building supplies and machinery
and a real estate office located on the tract offered for sale, provided
that such permits shall be issued only upon agreement by the owner
to remove the structure or structures upon expiration of the permit.
A trailer may be used for such office purposes but not for housing
or sleeping. Such permits may be renewed for a further period of six
months upon good cause shown.
[Added 4-20-2021 by Ord.
No. 03-2021]
Fences placed, erected, constructed or planted in the Borough
shall conform to the following standards and specifications:
a.
Fence.
1.
No fence shall exceed six feet in height.
2.
Only fences meeting the following conditions may extend closer
to the street than the front line of a building on a particular lot:
(a)
The fence must not exceed 30 inches in height;
(b)
The fence must be constructed of wood or a substitute material
which gives the appearance of a wooden fence, either painted or natural;
(c)
The fence must be of an open design with at least 40% open space
between pickets or rails. Lattice or woven fences shall be considered
a closed design and are not permitted in the required front yard.
(d)
All other general conditions for fences must be met.
3.
The finished side of a fence shall face out from the property
owner erecting that fence.
4.
There shall be no barbed wire or any sharp protrusions in, above,
about or on the sides of any fence.
5.
A fence shall only be placed on the property owned by the person
erecting that fence, unless a written mutual agreement is made by
both adjoining property owners involved, allowing the fence to be
placed on the property line between the two adjoining properties.
6.
No fence shall be erected where it creates a traffic vision
barrier.
7.
A fence must be of a color and durable material that is harmonious
with the environment of the area where it is located.
8.
A fence shall be maintained in good condition by the owner of
the fence.
b.
Living Fence.
1.
Living fences shall be planted at least three feet from the
property line, except that they may be planted on the property line
with the written consent of both of the property owners involved.
2.
Living fences shall be kept reasonably neat and trimmed within
the property line.
3.
Living fences shall be subject to the same regulations for fences
as set forth in paragraph a.
4.
Living fences shall be of evergreen or deciduous species and
will not have thorns, barbs or sharp protrusions.
c.
Additional Standards.
1.
No fence or living fence shall have any material or any growth
on the ground level in such a manner as to be conducive to the harborage
of rodents.
2.
Any tennis court or basketball court shall be fenced by a fence
not exceeding 10 feet in height and shall be of a material that permits
for at least 80% of the fence to be open area.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Materials designated in Chapter 17, Solid Waste Management, shall be separated from other solid waste by the generator, and storage area for recyclable material shall be provided as follows:
1.
For each subdivision application for two or more single-family
units, the applicant shall provide a storage area of at least 12 square
feet within each dwelling unit to meet health, safety and building
standards of the Borough of Allentown to accommodate mandated recyclable
materials (including but not limited to newspapers, glass bottles,
aluminum cans, tin and bimetal cans). The storage area may be located
in the laundry room, garage, basement or kitchen.
2.
For each subdivision application for multifamily units, the
applicant shall provide a storage area of at least three square feet
within each dwelling unit to meet health, safety and building standards
of the Borough of Allentown to accommodate an accumulation of mandated
recyclable material (including but not limited to newspapers, glass
bottles, aluminum cans, tin and bimetal cans). The storage area may
be located in a laundry room, garage or kitchen. Unless recyclables
are collected on a weekly basis from each dwelling unit, one or more
common storage areas must be provided at convenient locations within
the development.
3.
For each site plan application for commercial, business and
industrial development, the applicant shall provide the Borough of
Allentown Planning Board with estimates of the quantity of mandated
recyclable materials (including but not limited to newspapers, glass
bottles, aluminum cans, tin and bimetal cans, high-grade paper and
corrugated cardboard) that will be generated by the development during
each week. A separate storage area must be provided to accommodate
accumulation of recyclable materials. The Borough of Allentown Planning
Board may require the location of one or more common storage areas
at convenient locations within the development.
b.
The recyclable materials designated in this section shall not be deemed to be the exclusive recyclables to be considered during a development application. If and in the event Chapter 17 shall be amended to provide for other recyclable materials, the Planning Board shall require an applicant to make accommodations for additionally designated recyclables.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
It shall be unlawful to establish or construct or use a swimming
pool within the Borough of Allentown without first obtaining a permit
from the Zoning Officer and Construction Official in the manner hereinafter
prescribed.
b.
Permits. An application for a permit to construct a swimming pool
shall be accompanied by four sets of plans which shall adhere to the
following:
1.
A grading and drainage plan shall be submitted with the permit
application which plan shall include:
(a)
Soil type for seasonal high water table based upon Monmouth
County Soil Survey.
(b)
Location of existing and proposed grades.
(c)
Dimensions and location of the proposed pool, including setback
requirements as per this subsection.
(d)
Directions of run-off.
(e)
Direction of discharge from pool equipment.
(f)
Location of mechanical equipment.
(g)
Location and height of pool enclosure fencing with self-closing
and self- latching gates.
c.
Private swimming pools are permitted as an accessory use to residential
dwellings in every zone wherein that principal use is permitted subject
to the following:
1.
A private swimming pool shall not be constructed, installed
or maintained within 15 feet of any side or rear yard line or any
structure on the property, provided that in the case of any lot less
than 50 feet in width, it shall be permissible to place a pool within
10 feet of a side or rear property line or any structure on the property.
Setback distances shall be measured from the water's edge.
2.
Any pre-existing non-conforming pool may be re-constructed within
the same footprint if there is no conforming location on the lot.
3.
No private swimming pool shall be constructed, erected, installed
or maintained in the front yard of any property.
4.
In the case of a corner lot, a pool shall not be constructed
any closer to the side street line than the principal structure.
5.
A private swimming pool shall not be constructed or installed
on any premises unless a residence building is also located on the
premises or unless the premises is part of a residence curtilage,
a yard within the fence surrounding a house.
6.
Swimming pools may be constructed with underwater lighting systems
or exterior lights or both, provided that all exterior lights are
located so that the light is directed or shaded in such a manner that
no direct rays of light therefrom fall more than three feet upon any
adjacent lots, and such light is neither directed nor reflected in
such a way as to cause a nuisance or annoyance to neighboring properties.
All swimming pool lighting shall be in conformance with State Electrical
Codes.
7.
Swimming pools shall be completely surrounded by protective
fencing with a minimum of four feet in height, but no more than six
feet in height, which fencing shall include self-closing and self-latching
gates. If pool fencing exceeds four feet in height, it shall be set
back from the rear lot line at least five feet, and bounded by the
side building lines. Such fences shall be suitably landscaped to minimize
the visual impact on adjacent residential uses.
8.
No sound amplifying systems shall be permitted in connection
with a swimming pool.
9.
Discharge System. No swimming pool shall be drained into or
cause to be overflowed into the Borough sanitary sewer system or into
the public streets of the municipality. No pool filter systems shall
be connected in any manner with the Borough sanitary sewer system.
10.
Swimming pools shall be constructed with an adequate system
for surface disposal by absorption upon the property of the owner,
without drainage onto any adjoining property. No such system shall
be permitted to allow drainage to pump back into the ground by a system
through lines other than the source of supply, or connected with the
storm sewer system, if an underground system must be constructed on
site to control runoff.
11.
No pool fence shall remain open, unlocked or unlatched, except
when said pool is in use.
12.
No pool shall remain with water therein or without an adequate
and safe cover for a period in excess of 30 days, unless the dwelling,
to which it is an accessory use, is occupied.
13.
Pools with coping on all four sides are excluded from consideration
as impervious surfaces.
14.
Nothing in this subsection shall supersede construction requirements.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
Prior to the time that any owner or subdivider, his agents,
servants, employees or contractor shall install any of the required
improvements, the owner or subdivider, his agents, servants, employees,
or contractor shall be approved and accepted by the Borough Council
and provide the Borough Council with a prequalification statement
in respect to experience and financial ability to perform the scope
of the work to be performed or contracted for with the owner or subdivider.
The Borough Council reserves the right to refuse to allow the improvements
to be installed by any owner or subdivider, his agents, servants,
employees or contractor, where in the opinion of the Borough Council
such owner or subdivider, his agents, servants or employees or contractor
do not have sufficient experience or financial ability to perform
the work. The Borough Council in such an event, shall, within 15 days
of receipt of the prequalification form, state in writing its reasons
for such refusal.
[Added 4-20-2021 by Ord.
No. 03-2021]
Prior to the granting of final approval of a final plat, the
subdivider or developer shall have installed or furnished performance
guarantees for the installation of the following:
a.
Grading.
b.
Streets*.
c.
Curbs and gutters*.
d.
Sidewalks and driveways*.
e.
Street lighting.
f.
Street signs*.
g.
Landscaping and shade trees.
h.
Utilities including the installation of water mains or other means
of water supply, culverts, storm sewers, sanitary sewers or other
means of sewage disposal consistent with drainage structures, and
all appurtenances to such facilities properly connected with approved
systems of water supply, sewerage and stormwater drainage, as the
case may be and adequate to handle all present and probable future
development, shall be accomplished in accordance with the Master Plan
adopted by the Borough related thereto.
i.
Fire hydrants.
j.
Monuments.
k.
As-built drawings.
l.
Off-site and off-tract improvements.
m.
All other requirements of preliminary approval.
*Must meet current Americans with Disabilities Act requirements
and standards.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Grades and cross sections shall be such as to provide for the disposal
of stormwater and such ground water seepage as may be encountered
all in accordance with the plans therefor, inclusive of the Soil Erosion
and Sediment Control Plan, approved at the time of approval of the
preliminary plat and as further approved or modified at the time of
approval of the final construction plans of the subdivision and as
may be required in the field by the Borough Engineer as the work progresses.
b.
All construction stakes and grades thereon shall be set by a licensed
professional engineer or licensed land surveyor employed by the owner
or subdivider.
[Added 4-20-2021 by Ord.
No. 03-2021]
The subdivider shall, at his own expense, grade all streets in conformity with the terrain and good engineering practices; shall have all underground utilities installed prior to street paving; shall construct streets in accordance with the specifications below and the provisions of Chapter 14 of the Code of the Borough of Allentown and shall submit plans, profiles, cross sections and design for the work to the Borough Engineer for approval prior to starting any construction.
a.
Streets of 50-foot width shall be divided into a roadway area of
30 feet with a sidewalk area on each side of 10 feet. The sidewalk
area shall be graded to an elevation of two inches above the finished
center-line grade. Off-street parking shall be provided for the use
of any owners fronting on streets having a 30-foot roadway area. Whenever
the roadway area of any street is planned and constructed to be 34
feet with sidewalk area on each side of eight feet, then parking along
any such street shall be permitted, subject, however to the ordinance
power of the Borough with respect to the regulation of parking, which
power may be exercised at any time notwithstanding this provision
or any interference that might be otherwise drawn here from.
b.
The street roadway area shall be constructed for its full width with
a two-inch compacted thickness bituminous concrete, Type FABC-1 pavement
surface course on a six-inch compacted thickness macadam foundation
base course or six inches of bituminous both constructed in accordance
with Specifications for Road and Bridge Construction 1961 and addenda.
Stabilized base on approved subgrade.
c.
The standard specifications are hereby supplemented to permit the
use of two-and-one-half-inch quarry blend stone in the construction
of the macadam base course where ground conditions permit or require
it.
[Added 4-20-2021 by Ord.
No. 03-2021]
Curbs shall be constructed of Class C concrete 4,000 PSI air
entrained in accordance with New Jersey State Highway Department Standard
Specifications for Road and Bridge Construction 1961 and addenda.
They shall be constructed to approved line and grade and on approved
(prepared) subgrade. They shall have a top dimension of six inches,
a total depth of 20 inches, a bottom dimension of eight inches and
be constructed to have a face of curb from pavement to top of curb
of eight inches. All edging shall have a minimum of one-inch radius.
Bituminous fiber expansion joints one-half inch thick shall be provided
at intervals of 20 feet. Full cut joints shall be provided at equal
spaces between expansion joints. Curb cuts and other accessibility
features must be provided as per ADA.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Sidewalks shall have minimum width of four feet and four inches thickness
except at driveways and aprons where the sidewalks shall be six inches
in thickness. The sidewalk at driveways and aprons shall be reinforced
with six-inch #6 gauge welded mesh reinforcement or equivalent placed
four inches below the finished sidewalk surface. Sidewalks shall be
constructed at the locations and to the prescribed lines and grades
as approved on the preliminary plat, but sidewalks shall be constructed
after the adjacent curb has first been installed. The subgrade shall
be smooth and even and shall be compacted by rolling and three-quarter-inch
broken stone shall be spread to a depth of not less than four inches
and compacted where directed by Borough Engineer. Concrete for sidewalks
shall be State Mix Class "B" air entrained 4,000 PSI concrete, and
shall be manufactured in accordance with New Jersey State Highway
Department's Standard Specifications for Road and Bridge Construction-1961
and addenda, and shall originate in a ready-mixed plant that has been
certified and approved by the National Ready-Mixed Concrete Association.
b.
Concrete shall be placed to a thickness of four inches, tamped, screened,
and finished to true grade. The finish shall be with a wood float,
followed by brushing with a set of soft-haired brushes to a neat workmanlike
surface. Expansion joints one-half-inch wide shall be provided at
intervals of 16 feet and filled with preformed bituminous expansion
joint filler. Surface grooves shall be cut perpendicular to the line
of the sidewalk at intervals of eight feet and full cuts at 16-foot
intervals. Exposed edges shall be neatly rounded to a radius of one-half
inch.
c.
The sidewalks will be located within the street right-of-way one
foot from the street right-of-way line as measured toward the centerline
of the street. At street intersections the sidewalks shall be placed
so that pedestrian traffic can cross the street by stepping directly
from the sidewalk to street. The minimum width of the additional sidewalk
required at street intersection to effect this, shall be four feet.
d.
Driveways shall have a minimum width of 12 feet. The subgrade shall
be smooth and even and shall be compacted by rolling with a five-ton
to eight-ton roller after which bank run gravel shall be spread to
a depth of not less than three inches and compacted with a five-ton
to eight-ton roller. There shall be a four-inch bituminous stabilized
base course with a one-and-one-half-inch type SM or FABC surface course
also compacted with a five-ton to eight-ton roller. If concrete driveways
are constructed, they will be 12 feet wide and shall be six inches
throughout. The entire length of the driveway shall be reinforced
(or equivalent) placed four inches below the finished driveway surface.
All driveways will be of adequate length and width to provide off-street
parking for a minimum of two cars and shall slope a minimum of one-fourth
inch per foot toward the street curb.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Street lights shall be of a type and at locations approved by the
Planning Board and the electric utility company.
b.
Street lights shall be installed prior to certificates of occupancy
being issued. The cost of electricity for street lighting in all streets
within the development shall be paid for by the owner or subdivider
until such streets are accepted by the Borough.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Street signs shall be installed within the street right-of-way wherever
two or more streets intersect.
b.
Streets signs shall be metal, and of the size and type standard within
the Borough.
c.
The signs shall be firmly placed on a two-and-one-half-inch outside
diameter, two-inch inside diameter, galvanized steel pipe. The pipe
shall be a minimum length of 13 feet and shall be firmly set in a
concrete footing, eight inches diameter, to a depth of three feet.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
No top soil shall be removed from the site or used as spoil. Top
soil moved during the course of construction shall be redistributed
on the surface to a minimum depth of six inches so as to provide an
even cover and shall be stabilized by seeding or planting within the
time period provided in the Soil Erosion and Sediment Control Plan
as submitted to the Planning Board by resolution adopted by it.
b.
Any tree on the site having a trunk diameter of more than four inches
at a height of five feet from the ground shall not be removed unless
such removal is in accordance with a plan approved by the Shade Tree
Commission.
c.
No tree stumps or portions of trees or limbs shall be buried on any
lots or streets.
d.
Shade trees shall be located outside the street right-of-way in accordance
with a plan approved by the Planning Board and Shade Tree Commission.
In approving the locations and types of shade trees, the Planning
Board shall consider:
e.
Living shade trees shall be located on each side of the street an
average distance of 50 feet apart, but not less than 35 feet nor more
than 75 feet apart. The minimum acceptable size for new or existing
shade trees shall be two inches to 2 1/2 inches in caliper on
property at a height of six inches from the ground. Trees shall be
at least eight feet from any sidewalk, curb, gutter and street pavement
on the interior or dwelling side thereof, and 10 feet from a line
which is directly under any utility lines or wires.
f.
Trees shall be of a type approved by the Shade Tree Commission.
g.
The Planning Board, after examination and review, may waive all or
any part of the provisions of this section because of exceptional
surrounding conditions after receiving a report from the Shade Tree
Commission.
h.
All owners or subdividers shall be required to consult with the Borough
Shade Tree Commission relative to the time and method of planting
the required shade trees before proceeding with the planting, and
the planting shall thereafter be done under the direct supervision
of the Allentown Borough Shade Tree Commission.
[Added 4-20-2021 by Ord.
No. 03-2021]
All shall comply with the provisions of this chapter.
a.
Cesspools. Cesspools or any other type of open or exposed sanitary
sewage systems are prohibited.
b.
Sanitary Sewer. All new development shall be connected to the Borough
sewer system where possible, and shall be adequate to handle all present
and probable future usage and development.
1.
All installations of sewer mains and connections thereto shall conform
as to size and grade and in detail to the Plumbing Code of the State
of New Jersey and current rules and regulations of the State Department
of Health or as they may be amended and supplemented after adoption
of this chapter.
2.
Upon letter of advice by the Borough Engineer or other properly designated
official that the sewer mains have been completed in accordance with
the standards herein set forth in a satisfactory way, the Mayor and
Borough Council shall acquire by dedication the improvement with all
of its component parts or so much the same as it deems best for the
benefit of the inhabitants of the Borough of Allentown, in the following
manner and on the following basis: The owner or owners shall give
a bill of sale to the Borough, transferring title absolutely to the
Borough of Allentown, or transfer of ownership may be accomplished
by incorporation in a deed conveying a street to the Borough.
c.
Septic Systems. Where allowed by the Planning Board for special reasons
proven by the developer, the location, size and type of septic systems
shall be in conformance with the laws, rules and regulations of the
New Jersey Department of Environmental Protection.
d.
Water. Water mains shall be connected to the Borough water system
and shall be installed in accordance with the following:
1.
Engineering requirements for all water extensions shall conform in
detail to the rules and regulations of the State Department of Health
as contained in its Rules and Regulations for Water Supplies.
2.
Ductile cement lined pipe, Class 52, 25 pounds per square inch minimum
pressure rated, its equivalent or better, of not less than six inches
in diameter meeting the specification of the American Water Works
Association shall be used.
3.
All joints shall be sealed with mechanical joint or push-on or its
equivalent.
4.
The depth of pipe beneath the surface shall be not less than three
feet six inches measured from the top of the pipe.
5.
Valves shall be furnished and installed with all fire hydrants.
6.
Water extensions must be of the same size pipe as the main being
tapped into; provided, however, that no pipe may be used that is less
than six inches in diameter.
7.
Water extensions on all house service connections to the curbline
shall be laid and compacted before surfacing at the street.
8.
No backfilling shall be done until the installed extension, fully
exposed, is examined by the Borough official whose approval is required.
[Added 4-20-2021 by Ord.
No. 03-2021]
Fire hydrants shall be installed at locations and of such type
and specifications as approved by the Borough Engineer, the Fire Insurance
Rating Organization of the State of New Jersey and/or the Fire Chief
or his approved designee. Hydrants shall be the improved type meeting
the requirements of A.W.W.A. Specification C-502 as manufactured by
the Mueller Company or approved equal or other as specified by the
Planning and Planning Board Engineer and shall close with the system
pressure. A valve opening of four-and-one-half-inch Mueller Company
No. A-24009 shall be furnished for water mains of eight inches in
diameter and a valve opening four and one-half inch Mueller Company
No. 1-24105 shall be furnished for water mains 10 inches or greater
in diameter. One four-and-one-half-inch outlet and two two-and-one-half-inch
outlets with National Standard threads shall be provided. Hydrants
shall be furnished with hexagonal operating nuts. Hydrants shall be
set with the four-and-one-half-inch outlet facing the street and the
centerline of the outlet 16 inches above the finished grade.
Hydrants shall be shop tested under 300 PSI applied above and
below the compression valve. Any hydrant showing sweating of metal
or leaking or any other defect shall be rejected. A break-off flange
and valve stem shall be provided at the ground line.
All parts of hydrants shall be interchangeable with similar
parts of hydrants of the same size and type. Hydrants shall be painted
to conform to the existing hydrants in the Borough.
[Added 4-20-2021 by Ord.
No. 03-2021]
The subdivider shall install surveyors' monuments of a size
and shape required by the provisions of N.J.S.A. 46:23-94. Such monuments
shall be placed in accordance with the above provisions and shall
be subject to approval of the Borough Engineer.
[Added 4-20-2021 by Ord.
No. 03-2021]
Upon completion of construction of the required improvements
and prior to the release of the performance bond the owner or developer
shall submit to the Borough Engineer final as built reproducible drawings
of all utility systems installed.
[Added 4-20-2021 by Ord.
No. 03-2021]
Where the Planning Board determines that off-site and off-tract improvements are to be installed by a developer as part of preliminary or final approval, such off-site and off-tract improvements shall be designed in accordance with the applicable provisions of this chapter as applies to on-site improvements and in accordance with the procedures for off-site and off-tract improvements provided for in § 28-13 of the Code of the Borough of Allentown.
[Added 4-20-2021 by Ord.
No. 03-2021]
The provisions of Chapter 28 of the Code of the Borough of Allentown shall apply.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof, in addition to the requirements of the Master Plan
and ordinances of the Borough of Allentown, and the Official Map of
the County of Monmouth.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
b.
Streets shall be so designed as to discourage through traffic unless
a contrary intention is delineated on the Master Plan.
c.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this chapter shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, one-half of the required extra width shall
be dedicated or improved and dedicated if required by the Planning
Board.
d.
The right-of-way width shall be measured from lot line to lot line
and shall not be less than 50 feet.
e.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the Borough Council under conditions
approved by the Planning Board.
f.
No street shall have a minimum grade of less than one-half of one
percent.
g.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the curbline with a curve having a radius of not
less than 25 feet.
h.
Street jogs with center line offsets of less than 125 feet shall
be prohibited.
i.
A tangent at least 100 feet long shall be introduced between reverse
curves on streets.
j.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45° they shall be connected
by a curve.
k.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
l.
Dead-end streets (culs-de-sac) shall not be longer than 600 feet
and shall provide a turnaround at the end with a radius of not less
than 60 feet and tangent whenever possible to the right side of the
street. If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
m.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the names of existing streets. The continuation
of an existing street shall have the same name.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Block lengths and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area as hereinafter
stated, and to provide for convenient access, circulation control
and safety of street traffic.
b.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Planning Board. Such walkways
shall be 10 feet wide and shall be straight from street to street.
c.
For commercial, group housing or industrial use, blocks shall be
sufficient to meet all area and yard requirements for such use.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Lots in subdivisions shall have a minimum frontage and a minimum
depth in accordance with the zoning regulations.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c.
Each lot must front upon an approved and installed street.
d.
Where extra width has been dedicated for the widening of existing
streets, lots shall begin at such extra-width lines, and all setbacks
shall be measured from such lines.
e.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation, withhold approval of such lots.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
In large-scale developments, easements along rear property lines
or elsewhere for utility installations may be required. Such easements
shall be at least 20 feet wide and shall be located in consultation
with the companies or Borough departments concerned.
b.
Where a subdivision is traversed by a watercourse drainage way channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way, conforming substantially to the lines of such watercourse,
and such further width or construction, or both, as will be adequate
for the purpose.
c.
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
d.
No buildings or dwellings shall be constructed in any right-of-way
or easement areas.
[Added 4-20-2021 by Ord.
No. 03-2021]
Wherever possible, subdividers shall preserve trees, groves,
waterways, scenic points, historic spots and other community assets
and landmarks.
[Added 4-20-2021 by Ord.
No. 03-2021]
If a subdivision cuts or abuts an area zoned for a use different
from the use permitted in the area of the subdivision, the Planning
Board shall consider the need to provide a separation to promote the
public safety and general welfare of the Borough. The Planning Board
may require:
a.
A buffer strip at least 100 feet in width to be shown on the plat
of the subdivision and conveyed to the Borough or maintained in common
ownership to be maintained in its natural state or planted with appropriate
trees or other buffering materials.
b.
Such other means of separation as the Planning Board may deem appropriate.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Except as provided in this chapter, not more than one construction
permit shall hereafter be issued for any dwelling to be erected in
a housing development consisting of two or more houses if it is substantially
alike in exterior design and appearance with any neighboring dwelling
situated on the same or opposite side of the street within 150 feet
of a dwelling then in existence or for which a construction permit
has been issued or is pending. The distance herein specified shall
be construed to mean the distance between the street property lines
of the respective properties.
b.
Houses within such specified distance from each other shall be considered
uniform in exterior design and appearance if they have any one of
the following characteristics:
1.
The same basic dimensions and floor plans are used without substantial
differentiation of one or more exterior elevations.
2.
The height and design of the roofs are without substantial change
in design and appearance.
3.
The size and type of windows and doors in the front elevation are
without substantial differentiation.
c.
In addition, there shall be not less than two separate basic house
designs in every housing development consisting of eight or fewer
houses, not less than three basic house designs in every housing development
consisting of 15 or fewer houses, not less than five basic house designs
in every housing development consisting of 50 or fewer houses, not
less than 6 basic house designs in every housing development consisting
of 77 or fewer houses and not less than eight basic house designs
in every housing development consisting of 78 or more houses.
d.
To ensure conformity with the provisions of this chapter, no construction
permit shall hereafter be issued for more than one dwelling in any
housing development until the builder shall post or cause to be posted,
on each specific lot on the map of the subdivision on file with the
Construction Official, the type and model of each house for which
a construction permit has been or is being issued.
e.
The provisions, requirements and standards heretofore set forth shall
not be considered met where there is an attempt to make minor changes
or deviations from building plans and location surveys, which changes
show an obvious intent to circumvent the purpose of this section.
f.
Any construction to be performed within 200 feet of the Historic
Preservation District shall be referred to the Historic Preservation
Commission for their review and recommendation.
[Added 4-20-2021 by Ord.
No. 03-2021]
The purpose of this section shall be to provide rules, regulations and standards on applications for development pursuant to § 28-7, Land Subdivision, and § 28-10, Zoning, of the this chapter for off-tract and off-site improvements necessary to conserve and promote the public health, safety, convenience, morals and general welfare of the present and future residents of the Borough. It shall be administered to promote the orderly and planned growth of Borough services and assets occasioned by proposed development for the benefit of the residents of the Borough of Allentown.
[Added 4-20-2021 by Ord.
No. 03-2021]
In addition to those improvements enumerated in this Chapter
of the Code of the Borough of Allentown, the protection of the public
interest may require the installation of some or all of the same or
similar improvements at locations apart from the property to be subdivided
or for which site plan approval is sought, which shall be referred
to as off-tract or off-site improvements, as applicable. The improvements
shall be installed in accordance with the regulations and design standards
as stated in the aforementioned subdivision and zoning regulations
of the Borough as applicable to on-site and on-tract improvements.
In the event that the Planning Board shall determine that the protection
of the public interest requires the installation of an off-tract improvement,
it shall refer the matter to the Borough Council, which shall determine
whether the improvement shall be constructed by the Borough as a general
or local improvement or shall be constructed by the developer. Off-site
improvements shall be installed by the developer without contribution
from the Borough as if they were on-site improvements, except in those
circumstances where the improvements to be installed have no beneficial
impact on the on-tract property of the developer or owner, in which
case they shall be deemed to be off-tract improvements.
[Added 4-20-2021 by Ord.
No. 03-2021]
On-site or off-tract improvements shall include installation
of new improvements or extensions and modifications of existing improvements.
[Added 4-20-2021 by Ord.
No. 03-2021]
Prior to referral of the matter to the Borough Council, the
Planning Board shall consider the total cost of the off-tract improvements,
the benefits conferred upon the applicant's proposed development,
population and land use projections for the general area in which
the proposed development is located and other areas to be served by
the off-tract improvements, the estimated timing of construction of
off-tract improvements and the condition and period of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
The Planning Board may further consider the criteria set forth below:
a.
Road, curb, gutter and sidewalk improvements may be based upon the
anticipated increase in pedestrian and vehicular traffic generated
by the subdivision. In determining such traffic increase, the Planning
Board may consider traffic counts, existing and projected traffic
patterns, quality of roads and sidewalks in the area and other factors
related to the needs created by the proposed development and existing
and planned uses in the area and the anticipated benefit thereto.
b.
Drainage facilities may be based upon the proportion that the acreage
of the proposed development bears to the acreage of the entire drainage
basin, or, in areas where substantial development by other persons
has previously occurred along the natural or manmade drainage courses,
in the alternative, they may be based on the amount of or density
of present and future uses.
c.
Sewerage facilities may be based upon the proportion that the proposed
development's total anticipated volume of sewage effluent bears to
the existing or proposed capacity of existing and projected sewage
disposal and transmission facilities, including but not limited to
sewer mains and other appurtenances leading to and servicing the proposed
development. The Planning Board may also consider types of effluent
and particular problems requiring special equipment or added costs
of treatment and transmission.
d.
Water facilities may be based upon what proportion the proposed development's
total anticipated volume of water use bears to the existing or proposed
capacity of existing and projected water treatment and transmission
facilities, including but not limited to water mains and other appurtenances
leading to and servicing the proposed development.
[Added 4-20-2021 by Ord.
No. 03-2021]
The Borough Council shall make its determination and shall allocate
the cost of such improvements as follows:
a.
In the event that the off-tract improvement shall benefit property
in addition to the property being developed and such improvement is
to be constructed by the Borough as a general improvement, then the
developer shall be required to provide, as a condition for approval
of his proposed development, a bonded guarantee, a cash deposit or
other security acceptable as to form and execution by the Borough
Attorney to insure payment to the Borough of an amount equal to the
difference between the total estimated cost of the general improvement
and the estimated total amount by which all properties to be serviced
thereby, including the property of the developer being developed,
will be specifically benefited by the improvement.
b.
In the event that the off-tract improvement will benefit property
in addition to the property being developed and such improvement is
to be constructed by the Borough as a local improvement, then in addition
to the amount referred to in paragraph a. above, the bonded guarantee,
cash deposit or other security shall also ensure payment to the Borough
of the estimated amount by which the property being developed will
be specifically benefited by the improvement.
c.
In the event that the off-tract improvement benefits only the property
being developed, then the developer shall be required, as a condition
for approval of his development application, to install and complete
the improvements as part of his development plan in accordance with
the requirements of those ordinances generally applicable to on-site
and off-tract improvements.
d.
The cost estimates hereinabove referred to shall be made by the Planning
Board with the aid of the Borough Engineer and such other persons
possessing pertinent information or expertise as may be designated
by the Planning Board.
e.
Properties shall be deemed to be specifically benefitted to the extent
that the installation of the off-tract improvement increases the value
of such properties for any lawful use to which they are or may be
put after deducting the amount that the owners of such properties
may reasonably be anticipated to expend to obtain the use of such
improvement.
f.
In the event that the developer's share of the cost of the off-tract
improvement is to be calculated in accordance with either paragraph
a. or b. above, and such improvement is to be constructed by the developer,
then subsequent to the completion of the construction of such improvements,
he shall be partially reimbursed for the cost of construction in accordance
with the allocation of costs as set forth in paragraphs a. and b.
above, as applicable. Such improvements shall be completed prior to
the granting of final approval where the public health, safety or
welfare requires, unless the developer shall have provided performance
and maintenance guarantees in accordance with the requirements of
the ordinance generally applicable to on-site or on-tract improvements.
g.
As nearly as may be practicable, the Planning Board shall endeavor
to allocate the developer's cost of off-site and/or off-tract improvements
at the time that preliminary approval is granted. Nothing contained
herein, however, shall be deemed to prevent the Planning Board from
allocating the developer's cost of off-tract improvements at the time
of final approval, as a condition of final approval.
[Added 4-20-2021 by Ord.
No. 03-2021]
Any performance guarantee provided in accordance with the requirements
of this section shall be conditioned upon the completion of the required
improvements and for the repair of any damage caused by the owner
or developer to any property, public or private, during the installation
of the improvements, and the inspection and acceptance of the same
by the Borough Engineer. The release of the developer from a performance
guarantee, including the providing by the developer of a maintenance
guarantee upon completion of all improvements, shall be governed by
the standards set forth for other improvements contained in the Borough
ordinances.
[Added 4-20-2021 by Ord.
No. 03-2021]
Upon completion of the off-tract improvements and prior to acceptance
thereof, the Planning Board shall determine the actual cost of the
improvement. The developer shall be reimbursed for any amount paid
which shall be determined to be in excess of his appropriate share
of the cost of such improvement and shall be charged for any amounts
less than the developer's appropriate share.
[Added 4-20-2021 by Ord.
No. 03-2021]
The Planning Board may request a report from the Planning Board
Engineer, which report when received shall be forwarded to the Borough
Council as part of the Planning Board's report and recommendation
to the Borough Council for off-tract improvements.
[Added 2-16-2021 by Ord.
No. 02-2021; amended in entirety 10-25-2023 by Ord. No.
16-2023; amended 2-13-2024 by Ord. No. 03-2024. Additional amendments noted where applicable.]
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater
management requirements and controls for "major development," as defined
below in § 30-13.2.
c.
Applicability.
2.
This Section shall also be applicable to all major developments undertaken
by the Borough of Allentown.
3.
An application required by ordinance pursuant to paragraph c1 above
that has been submitted prior to October 24, 2023 shall be subject
to the stormwater management requirements in effect on October 23,
2023.
4.
An application required by ordinance for approval pursuant to paragraph
c1 above that has been submitted on or after March 2, 2021, but prior
to October 24, 2023, shall be subject to the stormwater management
requirements in effect on October 23, 2023.
5.
Any application required pursuant to paragraphs a and b above, which
has not received preliminary approval prior to the effective date
of this section shall be subject to the provisions of this section.
d.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued pursuant to this section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This Section is not
intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that,
where any provision of this section imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher
standards shall control.
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
For purposes of this section, the following terms, phrases,
words and derivations shall have the meanings stated herein unless
their use in the text of this section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory. The definitions below are the same as or based
on corresponding definitions in the Stormwater Management Rules at
N.J.A.C. 7:8-1.2.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the County Commissioners to
review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Means the Department of Environmental Protection.
Means a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. For development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a point along a receiving waterbody.
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Means an individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of paragraphs b and c above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
|
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs a, b, c, or d above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
|
Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Means any city, borough, town, township, or village.
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 28-14.4f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the
official map of these goals and policies.
Means water resulting from precipitation (including rain
and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
Is defined as previously developed portions of areas:
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 28-14.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 28-14.4p,q and r:
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 28-14.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 28-14.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 28-14.4o, p, q and r that were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 28-14.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://dep.nj.gov/stormwater/bmp-manual/.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found
after Table 3)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50 to 90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found
after Table 3)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40 to 60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50 to 90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 28-14.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 28-14.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 28-14.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 28-14.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 28-14.4o only if the measures meet the definition of green infrastructure at § 28-14.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 28-14.4o2 are subject to the contributory drainage area limitation specified at § 28-14.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 28-14.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 28-14.4d is granted from § 28-14.4o.
h.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 28-14.8c;
3.
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 28-14.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 28-14.2 may be used only under the circumstances described at § 28-14.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 28-14.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 28-14.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 28-14.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Monmouth County Clerk's Office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 28-14.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 28-14.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the Borough.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 28-14.4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Monmouth County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with M above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at § 28-14.4 p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Section 30-13.4.F. and/or an alternative stormwater management measure approved in accordance with § 28-14.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 28-14.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 28-14.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 28-14.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 28-14.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 28-14.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows:
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 28-14.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
| ||
|
Where:
| ||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs,
|
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP, and
|
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 28-14.4p, q and r.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
This stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 28-14.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 28-14.5c and d, respectively, of this section, do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, ten-, and 100-year storm events, as defined and determined pursuant to § 28-14.5c and d, respectively, of this section, and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
(c)
Design stormwater management measures so that the post-construction peak runoff rates for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 28-14.5c and d, respectively, of this section, are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with § 28-14.4r2(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using the following methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at:
https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422
or at United States Department of Agriculture Natural Resources
Conservation Service, New Jersey State Office.
2.
For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to the NRCS methodology above at § 28-14.5a1. A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for
Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway,
PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
c.
The precipitation depths of the current two-, ten-, and 100-year
storm events shall be determined by multiplying the values determined
in accordance with items 1 and 2 below:
1.
The applicant shall utilize the National Oceanographic and Atmospheric
Administration (NOAA), National Weather Service's Atlas 14 Point
Precipitation Frequency Estimates: NJ, in accordance with the location(s)
of the drainage area(s) of the site. This data is available at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj;
and
2.
The applicant shall utilize Table 5: Current Precipitation Adjustment
Factors below, which sets forth the applicable multiplier for the
drainage area(s) of the site, in accordance with the county or counties
where the drainage area(s) of the site is located. Where the major
development lies in more than one county, the precipitation values
shall be adjusted according to the percentage of the drainage area
in each county. Alternately, separate rainfall totals can be developed
for each county using the values in the table below.
|
Table 5: Current Precipitation Adjustment Factors
| |||
|---|---|---|---|
|
County
|
Current Precipitation Adjustment Factors
| ||
|
2-Year Design Storm
|
10-Year Design Storm
|
100-Year Design Storm
| |
|
Monmouth
|
1.00
|
1.01
|
1.02
|
d.
Table 6: Future Precipitation Change Factors provided below sets
forth the change factors to be used in determining the projected two-,
ten-, and 100-year storm events for use in this section, which are
organized alphabetically by county. The precipitation depth of the
projected two-, ten-, and 100-year storm events of a site shall be
determined by multiplying the precipitation depth of the two-, ten-,
and 100-year storm events determined from the National Weather Service's
Atlas 14 Point Precipitation Frequency Estimates pursuant to paragraph
c1 above, by the change factor in the table below, in accordance with
the county or counties where the drainage area(s) of the site is located.
Where the major development and/or its drainage area lies in more
than one county, the precipitation values shall be adjusted according
to the percentage of the drainage area in each county. Alternately,
separate rainfall totals can be developed for each county using the
values in the table below.
|
Table 6: Future Precipitation Change Factors
| |||
|---|---|---|---|
|
County
|
Future Precipitation Change Factors
| ||
|
2-Year Design Storm
|
10-Year Design Storm
|
10-Year Design Storm
| |
|
Monmouth
|
1.19
|
1.19
|
1.26
|
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at:
https://dep.nj.gov/stormwater/bmp-manual/
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at:
https://dep.nj.gov/stormwater/maintenance-guidance/
b.
Submissions required for review by the Department should be mailed
to:
The Division of Watershed Protection and Restoration, New Jersey
Department of Environmental Protection, Mail Code 501-02A, PO Box
420, Trenton, New Jersey 08625- 0420.
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
a.
Site design features identified under § 28-14.4f above, or alternative designs in accordance with § 28-14.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 28-14.7a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inches across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in paragraph a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4 5/8 (4.625) inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
(2)
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024; 17-11-2023 by Ord. No. 11-2023]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 28-14.8c1, c2 and c3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the Stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no greater than two inches.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 28-14.8c, a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new
stormwater management BMPs having a permanent pool of water deeper
than 2 1/2 feet. Safety ledges shall be comprised of two steps.
Each step shall be four to six feet in width. One step shall be located
approximately 2 1/2 feet below the permanent water surface, and
the second step shall be located one to 1 1/2 feet above the
permanent water surface. See 30-13.8.E for an illustration of safety
ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
Variance or Exemption from Safety Standard.
A variance or exemption from the safety standards for stormwater
management BMPs may be granted only upon a written finding by the
municipality that the variance or exemption will not constitute a
threat to public safety.
e.
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 28-14.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site Development Stormwater Plan Approval.
The applicant's Site Development project shall be reviewed
as a part of the review process by the municipal board or official
from which municipal approval is sought. That municipal board or official
shall consult the municipality's review engineer to determine
if all of the checklist requirements have been satisfied and determine
if the project meets the standards set forth herein.
c.
Submission of Site Development Stormwater Plan.
The following information shall be required:
1.
Topographic Base Map.
The reviewing engineer may require upstream tributary drainage
system information as necessary. It is recommended that the topographic
base map of the site be submitted which extends a minimum of 200 feet
beyond the limits of the proposed development, at a scale of one inch
equals 200 feet or greater, showing two-foot contour intervals. The
map as appropriate may indicate the following: existing surface water
drainage, shorelines, steep slopes, soils, erodible soils, perennial
or intermittent streams that drain into or upstream of the Category
One waters, wetlands and flood plains along with their appropriate
buffer strips, marshlands and other wetlands, pervious or vegetative
surfaces, existing man-made structures, roads, bearing and distances
of property lines, and significant natural and manmade features not
otherwise shown.
2.
Environmental Site Analysis.
A written and graphic description of the natural and man-made
features of the site and its surroundings should be submitted. This
description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
3.
Project Description and Site Plans.
A map (or maps) at the scale of the topographical base map indicating
the location of existing and proposed buildings roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan.
This plan shall provide a demonstration of how the goals and standards of § 28-14.3 through § 28-14.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map.
The following information, illustrated on a map of the same
scale as the topographic base map, shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 28-14.4.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of § 28-14.10.
8.
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 28-14.9c1 through § 28-14.9c6 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under § 28-14.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 28-14b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.), of the stormwater management measure, including,
but not limited to, repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under § 28-14.10b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 28-14.10b6 and b7 above.
8.
A two year maintenance guarantee in accordance with N.J.S.A. 40:55D-53
is required for all stormwater management facilities into a major
development.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Amended 10-25-2023 by Ord. No. 16-2023; 2-13-2024 by Ord. No. 03-2024]
[Added 4-20-2021 by Ord.
No. 03-2021]
No permit for the erection of any building shall be issued unless
the building abuts a street giving access to such proposed structure
which has been duly placed on the Official Map, or, if there is no
Official Map, unless such street is:
a.
An existing State, County or Borough street or highway; or
b.
A street shown upon a plat approved by the Borough Council or Planning
Board, as provided in the Municipal Land Use Law or any act repealed
thereby; or
c.
A street on a plat duly filed in the office of the County Recording
Officer prior to the passage of an ordinance under the Municipal Planning
Act (1953) or any act repealed thereby which required prior approval
of plats by the Borough Council.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
The purpose of this section is to implement the historic preservation
element of the Master Plan, to provide guidance to property owners
in achieving preservation of historic resources and to advance the
following public purposes:
a.
To preserve and protect historic, architectural, cultural, archaeological,
and aesthetic resources for the general welfare of the public;
b.
To maintain and develop an appropriate and harmonious setting for
the historically and architecturally significant buildings, structures
and districts within the Borough;
c.
To identify, designate, and regulate Historic Districts and Historic
Sites to preserve their historic, architectural, cultural, archeological,
and aesthetic significance;
d.
To further sustainability by preserving and enhancing the environmental
quality of the Borough and strengthening its economic base;
e.
To foster civic pride in the beauty and accomplishments of the Borough's
past.
[Added 4-20-2021 by Ord.
No. 03-2021]
As used in this section, the following terms shall have the
meanings indicated:
An extension or increase in building size, floor area or
height.
For purposes of historic preservation, the Borough's zoning
officer shall be the administrative officer.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress or an enlargement,
whether by extending on a side or by increasing in height or the moving
from one location or position to another, or the change in appearance
of the exterior surface of any improvement.
A document issued by the Historic Preservation Commission
demonstrating their review of any alteration, addition to or demolition
of a designated historic site, or to a property within a historic
district. Such review is based upon the application and representations
of the applicant and the approved plans presented for the preservation,
restoration, rehabilitation or alteration of an existing property,
or the demolition, addition, removal, repair or remodeling of any
feature on an existing building within the historic district, or for
any new construction within the historic district.
Demolition is the partial or total razing, dismantling or
destruction of any historic site or any improvement within a historic
district.
The process of determining whether identified properties
meet defined criteria of historical, architectural, archeological
or cultural significance.
One or more historic sites and certain intervening or surrounding
property significantly affecting or affected by the quality and character
of historic site or sites, as specifically designated herein.
Any prehistoric or historic district, site, building, structure,
or object included in, or eligible for inclusion in the National Register
of Historic Places; such term includes artifacts, records, and remains
which are related to such a district, site, building, structure or
object.
Any real property, manmade structure, natural object or configuration
or any portion or group of the foregoing which has been designated
in the Master Plan as being of historic, archaeological, cultural,
scenic or architectural significance at the national, state or local
level, as specifically designated herein or any property that is located
in a historic district. The designation of a historic site or landmark
shall be deemed to include the tax map lot on which it is located
as well as the right-of-way contiguous thereto.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation.
The ability of a property or element to convey its historic
significance; the retention of those essential characteristics and
features that enable a property to effectively convey its significance.
A list of historic properties determined to meet criteria
of significance specified herein.
Any application for a certificate of appropriateness which:
Does not involve demolition, relocation or removal of a historic
site;
Does not involve an addition to a property in a historic district
or new construction in a historic district;
Is a request for approval of fences, signs, lighting, doors,
windows, roofs, paving, exterior sheathing or streetscape work that
will comply with the adopted design guidelines for the improvement
proposed where a specific guideline applies and which will not substantially
affect the characteristics of the historic site or the historic district.
If the design guidelines contain a discretionary standard, the chairperson
shall refer the request for approval to the complete Historic Preservation
Commission;
Is a request for a field change for a certificate of appropriateness
that has already been issued and which meets the criteria of paragraph
c. above.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
A building, site, structure or object that does not add to
the historic architectural qualities, historic associations or archaeological
values for which a property is significant. A building can be non-contributing,
if it was not present during the period of significance, if it was
altered, disturbed or modified in a manner that eliminates its character
defining features, as a result of which it is incapable of yielding
important information about the period; it does not independently
meet the National Register criteria.
Repair of any deterioration, wear or damage to a structure
or any part thereof in order to return the same as nearly as practicable
to its condition prior to the occurrence of such deterioration, wear,
or damage with in-kind material and quality workmanship. Ordinary
maintenance shall further include in-kind replacement of exterior
elements or accessory hardware including signs, using the same materials
and workmanship and having the same appearance.
Any required approval for exterior work to any improvement
or property in a historic district or on a historic site. Permit shall
include, but is not limited to, a building permit, a demolition permit,
a permit to move, convert, relocate or remodel or to change the use
or type of occupancy of any improvement or property in a historic
district which involves exterior changes to the structure or the property
on which it is located.
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure, and the existing
form and vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack, or to cover or shield the property
from danger or injury.
The act or process of reproducing by new construction the
exact form and detail of a vanished or non-surviving building, structure
or object, or any part thereof, as it appeared at a specific period
of time when documentary and physical evidence is available to permit
accurate reconstruction.
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historical, architectural and
cultural values.
Any work done on an improvement that is not an addition and
does not change the exterior appearance of any improvement provided,
however, that any such repairs must be done with materials and workmanship
of the same quality.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
The visual character of the street including, but not limited
to, the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, color, sidewalks, curbing
and landscaping.
A combination of materials to form a construction for occupancy
use or ornamentation whether installed on, above or below the surface
of a parcel of land. The word "structure" shall also include any building
or improvement with a roof.
A process of identifying and gathering data on a community's
historic resources. It includes a field survey which is the physical
search for and recording of historic resources on the ground, preliminary
planning and background research before the field survey begins, organization
and presentation of survey data as the survey proceeds, and the development
of inventories.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
[Added 4-20-2021 by Ord.
No. 03-2021]
The Historic Preservation Commission shall have the following
duties and responsibilities:
a.
To identify, record and maintain a survey of all buildings, structures,
sites, objects, improvements and districts of historical significance
within the Borough.
b.
To recommend the designation of buildings, structures, sites, objects
or improvements as local historic sites, and local historic districts
to the Planning Board and Borough Council.
c.
To monitor and recommend to the Planning Board and Borough Council
any buildings, structures, sites, objects, improvements or districts
for inclusion in the New Jersey or National Register of Historic Places.
d.
To make recommendations to the Planning Board regarding the historic
preservation element of the master plan and on the implications for
preservation of historic landmarks and historic districts of any other
master plan elements. The Commission may provide information to the
Planning Board indicating the location and significance of historic
landmarks and historic districts, and identify the standards used
to assess worthiness for historic landmark or historic district designation.
e.
To make recommendations to the Planning Board and Borough Council
on the historic preservation implications of any proposed or adopted
zoning or development ordinance(s) or proposed or adopted element(s)
of the Borough's Master Plan.
f.
To draft and recommend to the Planning Board and Borough Council
ordinances or amendments to existing ordinances that would resolve
any conflicts which may exist between the design standards of this
article and the building or zoning regulations of the Borough.
g.
To advise and assist Borough officers, employees, boards and other
bodies, including those at the county, state and federal levels, on
all matters which have potential impact on the historic buildings,
structures, objects, sites or districts in the Borough or on the physical
character and ambience of any portion of the Borough.
h.
To advise the Planning Board on applications for development pursuant
to N.J.S.A. 40:55D-110.
i.
To review and render determinations regarding applications for certificates
of appropriateness.
j.
To advise the Planning Board and Borough Council on the relative
merits of proposals involving the use of public funds to restore,
preserve and protect historic buildings, structures, objects and sites
and to secure state, federal and other grants or assistance in support
of such projects, and to monitor such grant projects.
k.
To cooperate with local, county, state or national historical societies,
governmental bodies and organizations to maximize the contributions
of the Commission in accordance with the intent and purposes of historic
preservation.
l.
To provide information to owners of historic properties concerning
guidelines for rehabilitation and design criteria for new construction
established under this section.
m.
To seek any benefits that may be available under the National Historic
Preservation Act or any other state, county or federal legislation,
including, but not limited to, the benefits that flow to communities
under the certified local government program with regard to training,
grant funding and technical assistance; and, in furtherance thereof,
to take any steps necessary to assist Borough of Allentown in the
preparation and submission of any documents needed for certification
of the Borough as a certified local government under the National
Historic Preservation Act.
n.
To foster public awareness of the value of historic, architectural
and cultural preservation by developing and participating in public
information programs.
o.
To carry out such other advisory, educational and informational functions
as will promote historic preservation in the Borough.
[Added 4-20-2021 by Ord.
No. 03-2021; amended 12-12-2023 by Ord. No. 17-2023]
a.
Members. There is hereby established a Historic Preservation Commission
to be appointed by the Mayor which Commission was established by prior
ordinance and is hereby continued consistent with N.J.S.A. 40:55D-107
et seq. The Commission shall consist of nine regular members and two
alternate members. Members shall serve without compensation. At the
time of appointment, at least one member shall be designated from
each of the following classes:
1.
Class A. A person who is knowledgeable in building design and construction
or architectural history and who may reside outside the municipality;
and
2.
Class B. A person who is knowledgeable, or with a demonstrated interest
in, local history and who may reside outside the municipality; and
3.
Class C. Citizens of the municipality who shall hold no other municipal
office, position or employment except for membership on the Planning
Board. Class C members should have at minimum a demonstrated interest
in history, historic preservation or a related field. Alternate members
shall meet the qualifications of Class C members. At the time of appointment,
alternate members shall be designated as "Alternate No. 1" and "Alternate
No. 2." Of the nine regular members, at least one less than a majority
shall be of Classes A and B.
b.
Terms.
1.
Members of the Historic Preservation Commission who have been appointed
under the prior ordinance shall continue in office until expiration
of their respective terms. Thereafter, the term of a regular member
shall be four years; the term of an alternate member shall be two
years.
2.
Notwithstanding any other provision herein, the term of any member
common to the Historic Preservation Commission and the Planning Board
shall be for the term of membership on the Planning Board.
3.
A vacancy occurring other than by expiration of term shall be filled
within 60 days for the unexpired term only.
c.
Alternates. The alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
d.
Council Liaison. The Allentown Borough Council shall designate a
member to act as a liaison between the Historic Preservation Commission
and the Council.
e.
Officers. Annually, the Commission shall elect a chair and vice-chair
from its members and select a recording secretary, who may or may
not be a member of the Commission or a municipal employee.
f.
Budget. The Borough Council shall make provision in its budget and
appropriate funds for the expenses of the Historic Preservation Commission.
The Commission may employ, contract for and fix the compensation of
experts and other staff and services as it shall deem necessary. The
Commission shall obtain its legal counsel from the municipal attorney
at the rate of compensation determined by Borough Council, unless
Council by appropriation provides for separate legal counsel for the
Commission. Expenditures pursuant to this subsection shall not exceed,
exclusive of gifts or grants, the amount appropriated by Borough Council
for the Commission's use. In the event that the Commission receives
gifts or grants, they will be placed in a dedicated fund for the exclusive
use of the Commission.
g.
Finances. The Borough Council shall establish by ordinance reasonable
fees necessary to cover the expenses of administration and professional
services to aid the Commission in its review of certificates of appropriateness
and reviews of applications for development. These fees are in addition
to any other required under any portion of this or any other applicable
ordinance.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
The Commission shall adopt written rules for the transaction of its
business and for the consideration of applications for certificates
of appropriateness and for designations of historic districts and
sites. Such rules shall not be inconsistent with the provisions of
this chapter and shall include, but not be limited to, rules pertaining
to all notices and hearings required herein.
b.
In order to provide information to the public that is useful to the
preservation and protection of historic districts and sites and to
provide the basis for consistency of policy, the administrative officer
on behalf of the Commission shall maintain complete files and records.
The Commission's files shall include, but are not limited to, data
used in the classification of buildings, places and structures, minutes
of Commission meetings, applications for certificates of appropriateness
along with collateral data, decisions and appeals associated therewith
and information, materials and references submitted to the public
related to historic preservation.
c.
The Commission secretary shall keep minutes and records of all meetings
and proceedings, including voting records, attendance, resolutions,
findings, determinations, decisions and applications. All meetings
shall be noticed and conducted in accordance with the Open Public
Meetings Act. Copies of all minutes shall be maintained in the office
of the Commission and shall be delivered promptly to the Borough Clerk.
A record of Commission proceedings shall be maintained and made available,
but a formal verbatim record shall not be required.
d.
Copies of records shall be made available to municipal bodies, agencies,
and officials for their use.
e.
When the Planning Board refers an application for development to
the Historic Preservation Commission, the Commission shall provide
a copy of its report to the Planning Board with a copy to the applicant.
f.
The zoning officer shall maintain and display an up-to-date map showing
the historic district, as well as a current listing of historic sites
with addresses.
g.
No member of the Commission shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest. Unless a member resides or owns property within
200 feet of property that is the subject of an application, mere ownership
or residence in a designated historic district or ownership of a designated
historic site or a non-designated site shall not be deemed to be a
personal or financial interest.
h.
A member of the Commission may, after a public hearing, if requested,
be removed by Borough Council for cause.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
The Historic Preservation Commission shall establish and post in
Borough Hall a regular schedule of a minimum of one meeting per month.
Regular meetings shall be held as scheduled unless cancelled for lack
of applications to process. Additional special meetings may be called
by the chair or vice chair, or on the request of any two of its members,
when the regular meetings are inadequate to meet the needs of its
business, to handle emergencies or to meet time constraints imposed
by law.
b.
Four members shall constitute a quorum. Nonmember liaisons are not
entitled to vote. A majority vote of those present and voting shall
govern and shall be sufficient to grant or deny a certificate of appropriateness.
A majority of the appointed membership shall be required to grant
or change a historic site or district designation or to grant a demolition
permit.
c.
The Historic Preservation Commission shall prepare an annual report
to the Borough Council which shall be available to the public and
placed on file in the Borough Hall. The report shall detail all activities,
including problem solving, advice and support given.
d.
The Historic Preservation Commission shall hold public hearings to
review all applications for permits, referrals of development applications
and other business that comes before the Commission.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Survey. The Commission shall maintain a comprehensive survey of the
Borough of Allentown to identify historic districts, sites and landmarks
that are worthy of protection and preservation.
b.
Criteria for Designation. The criteria for evaluating and designating
historic districts and sites shall be guided by the National Register
Criteria. The Commission or any interested party may recommend designation
of historic sites or districts that have integrity of location, design,
setting, materials, workmanship and association and that meet one
or more of the following criteria:
1.
Character, interest or value as part of the development, heritage
or cultural characteristics of the Borough, State or nation; or
2.
Association with events that have made a significant contribution
to the broad patterns of our history; or
3.
Association with the lives of persons significant in our past; or
4.
Embodiment of the distinctive characteristics of a type, period or
method of construction, architecture, or engineering; or
5.
Identification with the work of a builder, designer, artist, architect
or landscape architect whose work has influenced the development of
the Borough, State or nation; or
6.
Embodiment of elements of design, detail, material or craftsmanship
that render an improvement architecturally significant or structurally
innovative; or
7.
Unique location or singular physical characteristics that make a
district or site an established or familiar visual feature; or
8.
Historic resources that have yielded, or may be likely to yield,
information important in prehistory or history.
c.
Procedures for Designation.
1.
Interested parties shall contact the administrative officer regarding
consideration of a proposed historic site or district. The Commission
may also initiate the designation of a historic site or district.
The administrative officer will schedule a hearing before the Commission
to review the proposed historic site or district.
2.
The formal historic district nomination shall include: a building-by-building
inventory of all properties within the district; color and/or black
and white photographs of all properties within the district; a property
map of the district showing boundaries; and a physical description
and statement of significance which address the criteria for designation
set forth herein. The formal historic site nomination shall include:
a color and/or black and white photograph, a tax map of the property
and a physical description and statement of significance that address
the criteria for designation set forth herein.
3.
The Commission shall provide notice to the public of the meeting
to consider designation of a historic site or district. Notice shall
minimally be provided in accordance with the Open Public Meetings
Act and by prominent posting in the Borough Hall at least 30 days
prior to the Commission meeting. The Commission may give any other
notice that it considers advisable to increase public participation.
All documents regarding the proposed designation shall be available
on the Borough website and in Borough Hall.
4.
Upon review and recommendation by the Commission for designation
of the proposed site or historic district, and after hearing the comments
of the public, if any, the Commission shall forward the proposed site
or district nomination to the Planning Board for consideration.
5.
Notification shall be by public notice in accordance with the Open
Public Meetings Act and by prominent posting in the municipal building
at least 30 days prior to the Planning Board hearing. The Planning
Board may give any other notice that it considers advisable to increase
public participation. All documents regarding the proposed designation
shall be available on the Borough website and in Borough Hall. Upon
review and approval of the proposed site or district by the Planning
Board, the site or district nomination will be sent to the Borough
Council for adoption to amend and supplement the Borough Zoning Ordinance.
6.
All other requirements of the Municipal Land Use Law regarding adoption
of development regulations shall be followed.
d.
Designation of Districts. The following historic district is delineated
and described in the Master Plan and is hereby a designated historic
district for purposes of this section:
1.
Allentown Historic District. The designated historic district is
set forth on the zoning map of the Borough of Allentown that is incorporated
herein by reference.
Editor's Note: The Zoning Map may be found as an attachment to this Chapter 28.
2.
Additional Districts. Any additional designated districts and sites
or any changes in the designation of historic districts and historic
sites shall be effectuated by amendment of this section in accordance
with procedures provided for under Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. and the procedures set forth herein.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
When Required. A certificate of appropriateness issued by the Commission
shall be required before a permit is issued or, before work can commence,
for any of the following activities within a historic district(s)
or on a historic site designated on the zoning map:
1.
Demolition of any building, improvement, site, place or structure.
2.
Change in the exterior appearance of any building, improvement, site,
place or structure by addition, reconstruction, alteration or maintenance.
3.
Relocation of a principal or accessory building or structure.
4.
Any addition to or new construction of a principal or accessory building
or structure.
b.
When Not Required.
1.
A certificate of appropriateness shall not be required before a zoning permit or a construction permit is issued for changes to the interior of a structure or changes to the exterior of a structure that strictly meet the standards for ordinary maintenance and repair as defined in this section of Chapter 28.
2.
The zoning officer shall review all permit applications to determine if the application proposes work that constitutes ordinary maintenance and repair as defined in this section of Chapter 28. The zoning officer may issue a permit if the work strictly meets the standards for ordinary maintenance and repair as defined in this section of Chapter 28.
3.
The zoning officer shall refer the application to the Historic Preservation
Commission if the proposed work does not meet the standards for ordinary
maintenance and repair. If the zoning officer has any doubt as to
whether the work constitutes ordinary maintenance and repair, then
the proposal shall be referred to the Commission.
c.
Procedures.
1.
All applicants shall complete an application form. Application forms
shall be made available in the office of the administrative officer.
Completed applications shall be filed with the administrative officer.
2.
Each application shall be accompanied by sketches, drawings, photographs,
descriptions, the property survey, building elevations and other information
to show the proposed alterations, additions, changes or new construction.
3.
Applications for demolition shall include current and archival photographs
of the interior and exterior of the building and drawings to document
the condition of the building. The Commission may require the subsequent
submission of such additional materials as is reasonably necessary
to make an informed decision.
5.
The administrative officer shall refer the application to the Commission
together with the Checklist documents.
6.
The Commission shall reach a decision on an application and submit
its report to the administrative officer within 45 days of referral
by the administrative officer.
7.
Communication and cooperation between the applicant and the Commission
is encouraged.
8.
Nothing herein shall prohibit an extension of time by mutual agreement
of the applicant and the Commission.
d.
Informational Meetings/Conceptual Review.
1.
Persons considering action that requires a certificate of appropriateness,
as set forth in this section, are encouraged to request an informal
"informational meeting" with the Commission and/or its chair prior
to submitting a formal application for a certificate of appropriateness.
Requests for such informational meetings can be made to the administrative
officer, who will contact the chair of the Commission. The Commission
shall hold such informational meetings within 15 days of receipt of
such request.
2.
The purpose of an informational meeting is to review the design guidelines
and standards of appropriateness and the procedures for obtaining
a certificate of appropriateness. Neither the applicant nor the Commission
shall be bound by any informational meeting or conceptual review.
3.
Applicants are encouraged to consult with the Commission and to obtain
guidance for the proposed permit.
4.
Conceptual review shall not apply to any applications for development.
The Commission shall not consider conceptual review of an application
for development unless specifically referred to it by the Planning
Board.
e.
Permit Review.
1.
Notices of meetings must comply with the requirements of the Open
Public Meetings Act.
2.
An applicant is encouraged to attend the Commission meeting at which
the permit will be considered but shall not be required to appear
or to be represented at the meeting to consider the application for
a certificate of appropriateness, and the Commission may take action
in the absence of the applicant.
3.
The Historic Preservation Commission shall issue a certificate of
appropriateness if it finds the permit application in conformity with
the design guidelines.
4.
The Commission shall issue a denial of a certificate of appropriateness
if it finds the permit application is not in conformity with the design
guidelines.
5.
When an application is approved, the Commission shall forthwith issue
a certificate of appropriateness. Failure to report within a forty-five-day
period shall be deemed to constitute a report in favor of the proposed
work and without conditions.
6.
In the event that the applicant has consented to an extension of
time to consider the certificate, the extension of time should be
transmitted to the administrative officer, who shall not issue the
permit during the period of time of the extension.
7.
Appeals from determinations of the administrative officer pursuant
to the decision of the Historic Preservation Commission may be made
by the applicant to the Planning Board in accordance with N.J.S.A.
40:55D-70a. Nothing herein shall be deemed to limit the right of judicial
review of the action after an appeal is concluded by the Planning
Board.
8.
The appellant shall pay all costs of the appeal, including costs
for copies of any records or transcripts required for appeal.
9.
If, in the appeal, the Planning Board determines that there is an
error in any order, requirement, decision or refusal made by the administrative
officer, the Planning Board shall, in writing, include the reasons
for its determination in its findings of its decision.
10.
The owner shall post the certificate of appropriateness on a conspicuous
spot on the site visible to the public during the entire process of
work.
11.
Issuance of an approval of a certificate of appropriateness shall
be deemed to be a final decision. Such approval shall neither cause
nor prevent the filing of any collateral application or other proceeding
required by any other provision of the Borough Code. The denial of
a permit shall be deemed to preclude the applicant from undertaking
the permit sought.
12.
When a certificate of appropriateness has been issued, the administrative
officer shall, from time to time, inspect the work approved by such
certificate and shall regularly report to the Commission the results
of such inspections, listing all work inspected and reporting any
work not in accordance with such certificate.
13.
A certificate of appropriateness shall be valid for a period of two
years from date of issue unless reasonable extensions are requested
by the applicant or the Commission.
f.
Minor Applications.
1.
Minor work applications as defined herein may be reviewed and approved
by the Chair in conjunction with the Minor Work Review Committee without
holding a public hearing. A minor work application shall require submittal
of information consisting of the standard application cover pages
and, where applicable, a drawing in sufficient detail to accurately
depict the work proposed and adequate to provide information required
for issuance of a permit by the administrative officer. If the Chair
in conjunction with the Minor Work Review Committee finds that the
proposed work conforms to the design guidelines, the Committee may
act in place of the full Commission without the necessity of a public
hearing.
2.
After receiving the report of the Chair and the Minor Work Review
Committee, the administrative officer shall then authorize the applicant
to proceed and shall issue any required permit associated therewith.
3.
If the Chair in conjunction with the Minor Work Review Committee
does not find the permit to be consistent with the design guidelines,
the permit shall be referred to the Commission to schedule a public
hearing after filing a complete application in accordance with the
submission requirements of the certificate of appropriateness checklist.
g.
Emergency Procedures.
1.
When a historic site or a resource in the historic district requires
immediate repair or work to preserve its continued habitability or
the health and safety of its occupants or others, emergency repairs
may be performed in accordance with applicable construction codes
if the construction official certifies that a bona fide emergency
exists.
2.
Emergency work shall be permitted only as necessary to preserve the
continued habitability or stability of the building or structure or
the health and safety of its occupants or others. Under such circumstances,
where feasible, temporary measures to prevent further damage shall
be employed, provided these measures are reversible without causing
damage to the building or structure.
3.
Simultaneously with the commencement of the emergency work, the property
owner shall make a request for a certificate of appropriateness from
the Commission memorializing the approval for said emergency work.
This request shall be made through the administrative officer and
pursuant to the procedures applicable to a certificate of appropriateness.
4.
The emergency procedures are strictly limited to those circumstances
that, in the opinion of the construction official, rise to the level
of a bona fide emergency. No work in addition to the emergency repairs
shall be performed until an appropriate request for approval has been
granted by the administrative officer and the Historic Preservation
Commission.
h.
Requirement of Obtaining Certificates of Appropriateness for Government
Actions.
1.
It is recognized that the intent and purposes of this section would
not be fully served if the municipality and other governmental agencies
were to control the actions of others but fail to apply similar constraints
to itself. The Borough of Allentown, when it plans an alteration,
demolition, construction or change in appearance to any Borough owned
property in a historic district or on a historic site, shall submit
such plans to the Historic Preservation Commission and shall receive
an advisory report on the appropriateness of those plans before undertaking
the work.
2.
In those circumstances where the municipality cannot require compliance,
as in certain cases involving the county, state and federal governments,
the Borough strongly urges the voluntary cooperation of such agencies
in seeking a certificate of appropriateness and hereby authorizes
the Commission to consider such requests and applications in connection
with capital project review under N.J.S.A. 40:55D-31 or courtesy site
plan review. This does not relieve the property owner from complying
with other applicable regulations regarding historic preservation.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
The Planning Board shall refer to the Commission every application
for development in historic districts or on historic sites designated
on the Zoning Map or identified in any component element of the master
plan. This referral shall be made when the application for development
is deemed complete or is scheduled for a hearing, whichever occurs
sooner.
b.
The Planning Board shall provide a copy of its agenda to the Commission
members as soon as it has been prepared and at the same time that
it is mailed to the members of the Board. Failure to refer the application
as required shall not invalidate any hearing or proceeding.
c.
The Commission may provide its advice, which shall be conveyed through
one of its members or staff to testify orally at the hearing on the
application and to explain any written report which may have been
submitted.
d.
On all matters referred to the Commission that require approval by
the Planning Board, the decision of the Commission shall be a recommendation
only. In reviewing applications for development, the Commission may
comment on any of the zoning and land use considerations that are
relevant to the application.
e.
The Planning Board shall not approve exterior building elevations
when approving an application for development, unless such approval
is contingent on subsequent approval of the elevations by the Historic
Preservation Commission.
f.
Yard Variances. Due to the fact that structures in historic districts
were often built close to the lot lines, it is in the public interest
to retain a neighborhood's historic appearance by approving variances
from normal yard requirements. Where it is deemed that such variance
will not adversely affect neighboring properties, the Planning Board
may grant such variance if recommended by the Historic Preservation
Commission and if the Planning Board finds the variances are justified.
g.
An approval by the Planning Board does not relieve the applicant
of the requirement of obtaining a certificate of appropriateness for
those aspects of the change not approved by the application for development.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
All projects requiring a certificate of appropriateness and all applications
for development in historic districts or on historic sites shall be
governed by the Secretary of the Interior's Standards for Rehabilitation,
the Secretary of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring
& Reconstructing Historic Buildings and the Allentown Design Guidelines.
b.
The Allentown Design Guidelines are adopted as Appendix D to this section of Chapter 28 and are incorporated herein by reference, as the same may be applicable and appropriate, and as amended and revised from time to time. The Design Guidelines are adopted as design criteria and guidelines pursuant to N.J.S.A. 40:55D-65.1.
Editor's Note: Appendix D, Design Guidelines, may be found as an attachment to this Chapter 28.
c.
Criteria for Finding Appropriateness. Consistent with the Design
Guidelines, the Historic Preservation Commission may consider the
siting, design, arrangement, exterior design, design quality, bulk,
rhythm, building elements, lighting, fixtures, directional emphasis,
proportions, style, texture, details, scale, shape, materials, finish,
color, and relationship to streetscape, of the proposed work and the
relationship of those characteristics to the historic, architectural,
cultural, archeological, and aesthetic significance of the historic
site or district.
d.
In considering certificates of appropriateness, the Historic Preservation
Commission shall not consider use, zoning requirements for setbacks,
density, height limitations, or lot coverage, as these fall within
the purview of the Planning Board.
e.
In reviewing development applications, the Historic Preservation
Commission may consider use, zoning requirements for setbacks, density,
height limitations, and lot coverage in rendering its advice to the
Planning Board. The Commission should emphasize the streetscape when
reviewing applications for development. The Commission shall not hear
applications for development unless requested by the Planning Board.
f.
Guidelines and Criteria for Plan Review. All reviews of plans within
historic districts shall give consideration to:
1.
The cultural, historic or architectural values of a structure and
its relationship to properties in the surrounding area.
2.
The general compatibility of the proposed use to the cultural and
historical values of the surrounding area.
3.
The general compatibility of exterior design, arrangement, texture
and materials proposed to be used. In carrying out the review under
the guidelines, the following criteria shall be utilized:
g.
Guidelines for Non-Contributing Sites. In recognition of the lesser
importance of applications for certificates of appropriateness related
to non-contributing structures/sites, the following criteria shall
be used for review by the Historic Preservation Commission:
1.
The general compatibility of the exterior design, arrangement, texture
and materials proposed to be used with the historical value of the
surrounding area. In carrying out its design review under these guidelines,
the following criteria shall be utilized:
h.
Certificate of Compliance. After receiving a certificate of appropriateness
and completing the approved work, the applicant shall submit a certificate
of compliance for review and approval by the Historic Preservation
Commission to demonstrate that the applicant has complied with the
conditions of the certificate of appropriateness.
i.
Expiration of Approval.
1.
In cases where demolition is permitted, the certificate of approval
shall be valid for one year from the date of Historic Preservation
Commission approval of the application. The one-year period shall
not be extended.
2.
At the time of issuance of the certificate of approval, the construction
official shall designate the period of time (within the one-year approval
period) within which demolition must be completed after it is initiated
on site.
j.
Approval After Change of Circumstances. The Commission may at any
time during such notice period, if a significant change in circumstances
occurs, approve a certificate of appropriateness to demolish, in which
event, a permit shall be issued within 10 days thereafter.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
Certificate of Approval Required.
1.
No building or structure located in a historic district or a historic
site shall be removed or relocated without a certificate of approval.
Subject to the criteria set forth in paragraph a2 below, said approval
shall be granted only if the structure or building cannot be put to
a reasonable use, and its preservation will impose an undue hardship
on the applicant.
2.
In reviewing any demolition or relocation application, the following
matters shall be presented by the applicant and considered by the
Commission:
(a)
The historic, architectural, archeological, cultural and aesthetic
significance.
(b)
The current and potential use for those purposes currently permitted
by the Zoning Ordinance or for the use proposed.
(c)
The importance to the municipality and the extent to which its
historical or architectural value is such that its removal or relocation
would be detrimental to the integrity of the historic property or
district and the public interest.
(d)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty.
(e)
The extent to which its retention would increase property values,
promote business, create new positions, attract tourists, students,
writers, historians, artists and artisans, attract new residents,
encourage study and interest in American history, stimulate interest
and study in architecture and design, educate citizens in American
culture and heritage, or make the municipality a more attractive and
desirable place in which to live.
(f)
The probable impact of its removal or relocation upon the ambiance
of the historic district.
(g)
The structural soundness and integrity of the building and the
economic feasibility of restoring or rehabilitating the structure
so as to comply with the requirements of the applicable building codes.
(h)
The compelling reasons for not retaining the structure or improvement
at its present site, the proximity of the proposed new location and
its accessibility to residents of the municipality, and the probability
of significant damage to the structure or improvement as a result
of the relocation.
(i)
The compatibility, nature and character of the current and the
proposed surrounding areas as they relate to the intent and purposes
of this chapter and whether the proposed new location is visually
compatible in accordance with the standards set forth herein.
b.
Procedure when Initial Application for Demolition or Relocation Disapproved.
If the Commission disapproves an initial application to demolish or
relocate a historic structure, the owner shall for a period of one
year from the date of said disapproval make bona fide and diligent
efforts to sell the building or structure to any person, organization,
governmental agency or political subdivision that provides reasonable
assurance that it is willing to preserve said structure. In order
to maximize the opportunity to preserve the structure, the owner shall
provide notice of the proposed demolition or relocation in accordance
with the provisions set forth below.
c.
Demolition Notice Posted and Publication.
1.
Notice of any proposed demolition shall be posted on the exterior
premises of the building, structure, site, object or improvement throughout
the Notice Period in a location such that it is clearly readable.
In addition, the applicant shall cause to be published a notice in
the official newspaper setting forth the following:
(a)
The applicant's intent to demolish, including a description
of the subject property (by block and lot as well as by physical location)
and a description of the building, structure, site, object or improvement
to be demolished; and
(b)
The applicant's proposed use of the property following demolition;
and
(c)
The anticipated time frame(s) associated with the demolition;
and
(d)
A statement indicating that the applicant shall consider any
and all bona fide offers to sell the property to any person who wishes
to preserve the building, structure, site, object or improvement;
and
(e)
The applicant's name and address, along with a telephone number
where the applicant may be reached during normal business hours by
any interested person who wishes to discuss the proposed demolition
and/or to make an offer to purchase the property as set forth above.
2.
Sale for Fair Market Value.
(a)
The applicant has the obligation to offer the property for sale
prior to seeking demolition for a period of at least 180 days (the
"offer period") and at a price reasonably related to its fair market
value as a historic property.
(b)
Applicant shall make a bona fide offer to sell such building,
structure, site, object or improvement and the land pertaining thereto
to any person, entity, organization, government or political subdivision
thereof which gives reasonable assurance that it is willing to preserve
the building, structure, site, object or improvement and the land
pertaining thereto.
(c)
For the purposes of satisfying the requirements of offering
the property for a bona fide sale, the applicant shall not be obligated
to accept less than the structure's fair market value as a historic
building and structure.
(d)
Notice Period. The period of time during which notice must be
given in the manner herein before set forth shall be known as the
"Notice Period" which shall commence on the tenth day following the
date of the notice of denial of the appeal from the zoning board of
adjustment and such notice period shall run for a period of time of
90 days.
(e)
The notice shall be published as follows: At least once within
the first 10 days of the notice period; and
(f)
At the conclusion of the notice period, if the applicant still
wishes to demolish the subject building, structure, site, object or
improvement, it shall, prior to performing the demolition, perform
the following:
(1)
Advise the Commission in writing of its intention to proceed
with the demolition; and
(2)
Certify in writing to its compliance with the provisions of
the 180-day offer period; and
(3)
Provide the Commission with a copy of the notice that appeared
in the official newspaper of the Borough and a listing of all dates
on which the said notice appeared in the newspaper; and
(4)
Advise the Commission in writing as to whether any interested
persons submitted an offer or offers to purchase the property, whether
during the 180-day "offer period" or following the newspaper noticing
referenced above, and set forth the terms and conditions relating
to said offer(s) and the results of any negotiations pertaining thereto;
and
(5)
File copies of the affidavits of publication relating to the
newspaper noticing with the Commission.
3.
Where Demolition Is Approved. If the Commission approves an application
for a certificate of appropriateness to demolish a historic site or
a building, structure, site, object or improvement located in a historic
district, the owner shall, nevertheless, as a matter of right, be
entitled to raze or demolish same provided that all of the foregoing
requirements have been fully met and the applicant has complied with
paragraph 4 below by providing an opportunity to salvage or recycle
part of structure prior to demolition.
4.
Opportunity to salvage or recycle part of building or structure prior
to demolition. With respect to demolitions only, in the event the
owner does not intend to recycle or salvage parts of the structure,
the owner shall for 30 days afford interested parties and groups the
opportunity to remove parts or architectural features from said structure
prior to its demolition. The Commission shall maintain a list of interested
parties and groups and the owner shall provide notice by certified
mail to such groups advising of said opportunity to salvage.
5.
Where Demolition Is Disapproved. In the event that the Historic Preservation
Commission disapproves demolition, the applicant may obtain a demolition
permit if the following conditions are satisfied:
(a)
The applicant applied for the certificate of appropriateness;
(b)
The applicant has received notice of denial from the administrative
officer;
(c)
The applicant filed an appeal of the denial by the administrative
officer to the Planning Board;
(d)
The Planning Board has affirmed the decision of the administrative
officer.
(e)
The applicant complies with paragraph 4 above by providing an
opportunity to salvage or recycle part of building or structure.
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
It shall be the duty of municipal officials reviewing permit applications
involving designated historic sites and districts to determine whether
any requested permit involves an activity that is required to obtain
a certificate of appropriateness. If a certificate of appropriateness
is required, the municipal official shall inform the Commission, the
administrative officer for the Commission and the applicant and require
the applicant to apply for a certificate of appropriateness.
b.
If the Commission grants a certificate of appropriateness to the
violator for the unauthorized work, then the violator shall no longer
be deemed to be in violation of this section. If the Commission grants
a certificate of appropriateness to the violator subject to certain
conditions, then the violator shall be deemed to have cured the violation
only upon its timely satisfaction of the said conditions in accordance
with the requirements of the Commission. If the Commission denies
a certificate of appropriateness to the violator for the unauthorized
work, then the violation shall still exist and the violator shall
be subject to appropriate enforcement action as prescribed by this
section.
c.
Injunctive Relief. In the event that any action, which would permanently
and adversely change a historic site or historic district, such as
demolition or removal, is about to occur without a certificate of
appropriateness having been issued, the zoning officer may request
approval from Borough Council to apply to the Superior Court of New
Jersey for such injunctive relief as is necessary to prevent the destruction
of the historic site.
[Added 4-20-2021 by Ord.
No. 03-2021]
The requirements of this section of Chapter 28 shall be considered to be in addition to other requirements, and in no case shall they be interpreted as a substitute for any other approval, permit or other action as otherwise provided for.
[Section 28-17, Affordable Housing Regulations, was relocated
from Chapter 33 to Chapter 28 by Ord. No. 03-2021.]
[Ord. No. 08-2009 § II]
The purpose of this section of the Borough Code is to set forth
regulations and fees regarding the low- and moderate-income housing
units in the Borough consistent with the following provisions:
a.
Substantive Rules of the New Jersey Council on Affordable Housing,
N.J.A.C. 5:96 and 5:97 et seq.
b.
Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.
c.
P.L. 2008, c. 46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential
Development Fee Act (C. 40:55D-8.1 through 8.7).
d.
Borough's constitutional obligation to provide a fair share of affordable
housing for low- and moderate-income households.
These regulations are also intended to provide assurances that
low- and moderate-income units (the "affordable units") are created
with controls on affordability over time and that low- and moderate-income
households occupy these units. These regulations shall apply except
where inconsistent with applicable law.
[Ord. No. 08-2009 § II]; Ord. No. 11-2017 § 1)
The following terms when used in this section shall have the
meanings given in this section:
Shall mean the Fair Housing Act of 1985, P.L. 1985, c. 222
(N.J.S.A. 52:27D-301 et seq.)
Shall mean constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
Shall mean the entity responsible for the administration
of affordable units in accordance with this Section, N.J.A.C. 5:96,
N.J.A.C. 5:97 and UHAC (N.J.A.C. 5:80-26).
Shall mean a regional marketing strategy designed to attract
buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
Shall mean a sales price or rent level that is within the
means of a low- or moderate-income household as defined in N.J.A.C.
5:97-9 and in the case of an ownership unit, that the sales price
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6,
as may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
Shall mean a housing development of which all or a portion
consists of restricted units.
Shall mean a development included in the Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100% affordable
housing development.
Shall mean any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
Shall mean a housing unit proposed or created pursuant to
the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through
an affordable housing trust fund.
Shall mean the average percentage of median income at which
new restricted units in an affordable housing development are affordable
to low- and moderate-income households.
[Ord. No. 09-2017-; Ord. No. 11-2017 § 1]
Shall mean the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
Shall mean a housing unit designed to meet the needs of,
and exclusively for, the residents of an age-restricted segment of
the population such that: 1) all the residents of the development
where the unit is situated are 62 years of age or older; or 2) at
least 80% of the units are occupied by one person that is 55 years
of age or older; or 3) the development has been designated by the
Secretary of the U.S. Department of Housing and Urban Development
as "housing for older persons" as defined in Section 807(b)(2) of
the Fair Housing Act, 42 U.S.C. § 3607.
Shall mean a facility that is licensed by the New Jersey
Department of Health and Senior Services to provide apartment-style
housing and congregate dining and to assure that assisted living services
are available when needed for four or more adult persons unrelated
to the proprietor and that offers units containing, at a minimum,
one unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
Shall mean a household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
Shall mean the Council on Affordable Housing, which is in,
but not of, the Department of Community Affairs of the State of New
Jersey, as established by the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301, et seq.).
Shall mean the State of New Jersey Department of Community
Affairs.
Shall mean a housing unit with health and safety code violations
that require the repair or replacement of a major system. A major
system includes weatherization, roofing, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems),
lead paint abatement and/or load bearing structural systems.
Shall mean any person, partnership, association, company
or corporation that is the legal or beneficial owner or owners of
a lot or any land proposed to be included in a proposed development
including the holder of an option to contract or purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any use or change in the
use of any building or other structure, or of any mining, excavation
or landfill, and any use or change in the use of any building or other
structure, or land or extension of use of land, for which permission
may be required pursuant to N.J.S.A. 40:55D-1, et seq.
Shall mean a development containing both affordable units
and market rate units. This term includes, but is not limited to:
new construction, the conversion of a nonresidential structure to
residential use and the creation of new affordable units through the
reconstruction of a vacant residential structure.
Shall mean a household with a total gross annual household
income equal to 50% or less of the median household income.
Shall mean a restricted unit that is affordable to a low-income
household.
Shall mean the primary structural, mechanical, plumbing,
electrical, fire protection, or occupant service components of a building
which include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Shall mean housing not restricted to low- and moderate-income
households that may sell or rent at any price.
Shall mean the median income by household size for the applicable
housing region, as adopted annually by COAH.
Shall mean a household with a total gross annual household
income in excess of 50% but less than 80% of the median household
income.
Shall mean a restricted unit that is affordable to a moderate-income
household.
Shall mean any sale or transfer of ownership other than the
transfer of ownership between husband and wife; the transfer of ownership
between former spouses ordered as a result of a judicial decree of
divorce or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
Shall mean a process by which currently income-eligible households
are selected for placement in affordable housing units such that no
preference is given to one applicant over another except for purposes
of matching household income and size with an appropriately priced
and sized affordable unit (e.g., by lottery).
Shall mean the maximum housing value in each housing region
affordable to a four-person household with an income at 80% of the
regional median as defined by COAH's adopted Regional Income Limits
published annually by COAH.
Shall mean the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
Shall mean the gross monthly cost of a rental unit to the
tenant, including the rent paid to the landlord, as well as an allowance
for tenant-paid utilities computed in accordance with allowances published
by DCA for its Section 8 program. In assisted living residences, rent
does not include charges for food and services.
Shall mean a dwelling unit, whether a rental unit or an ownership
unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
Shall mean the Uniform Housing Affordability Controls set
forth in N.J.A.C. 5:80-26, et seq.
Shall mean a household with a total gross annual household
income equal to 30% or less of the median household income for the
applicable housing region.
Shall mean a restricted unit that is affordable to a very-low-income
household.
Shall mean building insulation (for attic, exterior walls
and crawl space), siding to improve energy efficiency, replacement
storm windows, replacement storm doors, replacement windows and replacement
doors, and is considered a major system for purposes of the rehabilitation
program.
[Ord. No. 09-2017; Ord. No. 11-2017 § 2]
Editor's Note: Former Section 33-3, Affordable Housing Fees,
previously codified herein and containing portions of Ordinance No.
08-2009, was repealed in its entirety by Ordinance No. 07-2010.
a.
Affordable Housing Trust Fund.
1.
There is hereby created a separate, interest-bearing Affordable Housing
Trust Fund to be maintained by the Chief Financial Officer for the
purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of affordable
housing units with extinguished controls.
2.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with Allentown Borough's
Affordable Housing Program.
3.
Within seven days from the opening of the Affordable Housing Trust
Fund account, Allentown Borough shall provide to the New Jersey Department
of Community Affairs or to the Court written authorization, in the
form of a three-party escrow agreement between the Borough, Fulton
Bank, and the Department of Community Affairs or Court to permit the
Department or Court to direct the disbursement of the funds as provided
for in N.J.A.C. 5:97-8.13(b).
4.
All interest accrued in the Affordable Housing Trust Fund shall only
be used on eligible affordable housing activities approved by the
Department of Community Affairs or the Court.
5.
Use of Affordable Housing Trust Funds.
(a)
The expenditure of all funds shall conform to a spending plan
approved by the Department of Community Affairs or the Court. Funds
deposited in the Affordable Housing Trust Fund may be used for any
activity approved by the Department or the Court to address the Allentown
Borough Fair Share obligation and may be set up as a grant or revolving
loan program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartments, market to affordable
housing, regional housing partnership programs, conversion of existing
nonresidential buildings to create new affordable units, green building
strategies designed to be cost saving and in accordance with accepted
national or State standards, purchase of land for affordable housing,
improvement of land to be used for affordable housing, extensions
or improvements of roads and infrastructure to affordable housing
sites, financial assistance designed to increase affordability, administration
necessary for implementation of the Housing Element and Fair Share
Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7
through 8.9 and specified in the approved spending plan.
(b)
At least 30% of all development fees collected and interest
earned shall be used to provide affordability assistance to low- and
moderate-income households in affordable units included in the municipal
fair share plan. 1/3 of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(c)
Units with extinguished controls shall be exempt from the affordability
assistance requirement.
(d)
Allentown Borough may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(e)
No more than 20% of all revenues collected from development
fees, may be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan, and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with the Department's monitoring requirements. Legal or
other fees related to litigation opposing affordable housing sites
or objecting to the Council's regulations and/or action are not eligible
uses of the Affordable Housing Trust Fund.
6.
Monitoring. Allentown Borough shall complete and return to the Department
of Community Affairs all monitoring forms included in monitoring requirements
related to the collection of development fees from residential and
nonresidential developers, payments in lieu of constructing affordable
units on site, funds from the sale of units with extinguished controls,
barrier-free escrow funds, rental income, repayments from affordable
housing program loans, and any other funds collected in connection
with Allentown Borough's housing program, as well as to the expenditure
of revenues and implementation of the approved by the Court. All monitoring
reports shall be completed on forms designed by the Department.
7.
Ongoing Collection of Fees. The ability for Allentown Borough to
impose, collect and expend development fees shall expire with its
judgment of compliance unless Allentown Borough has filed an adopted
Housing Element and Fair Share Plan with the Department of Community
Affairs or the Court, has petitioned for substantive certification
or Court judgment compliance, and has received the Department's or
Court's approval of its development fee ordinance. If Allentown Borough
fails to renew its ability to impose and collect development fees
prior to the expiration of judgment of compliance, it may be subject
to forfeiture of any or all funds remaining within its Affordable
Housing Trust Fund. Any funds so forfeited shall be deposited into
the "New Jersey Affordable Housing Trust Fund" established pursuant
to section 20 of P.L. 1985, c.222 (C.52:27D-320). Allentown Borough
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
Allentown Borough retroactively impose a development fee on such a
development. Allentown Borough shall not expend development fees after
the expiration of its substantive certification or judgment of compliance.
b.
New Residential Developments
1.
All new development of five or more multi-family residential dwelling
units and all redeveloped and/or reconstructed multi-family residential
developments that result in the addition of five or more new residential
units shall provide an inclusionary component of 20% of the new dwelling
units consistent with provisions of the Fair Housing Act (N.J.S.A.
52:27D-301 et seq.) and the regulations within this section. For developments
of five or more multi-family residential units which result in a fraction
of an affordable dwelling unit, the developer shall provide a contribution
to the Borough Housing Trust Fund of 6% of the assessed value of those
dwelling units exceeding five dwelling units.
2.
All single-family residential developments that create new residential
dwelling units as a result of the subdivision of one or more parcels
of land, the developer shall provide a contribution of one and one-half
(1 1/2%) percent of the assessed value of the additional or new
dwelling units resulting from the subdivision to the Borough Housing
Trust Fund, and 6% of the assessed value for those dwelling units
exceeding the number of dwelling units permitted by the pre-existing
zoning for the parcel or parcels comprising the development.
[Ord. No. 08-2009 § II]
In all zones that will contain both affordable housing and market
rate housing units and/or market rate nonresidential development,
the following schedule shall be followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25%
|
0
|
|
25%+1
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
[Ord. No. 08-2009 § II]
a.
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units.
1.
The fair share obligation shall be divided equally between low- and
moderate-income units, except that where there is an odd number of
affordable housing units, the extra unit shall be a low-income unit.
2.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units.
3.
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
4.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low-and moderate-income units within the inclusionary development.
This standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
b.
Accessibility Requirements.
1.
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free SubCode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14.
2.
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
(e)
An interior accessible route of travel between stories within
an individual unit, except that if all of the terms of paragraphs
2(a) through 2(d) above have been satisfied, an interior accessible
route of travel shall not be required between stories within an individual
unit; and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a, et seq.) and the Barrier Free SubCode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14, or evidence that Allentown has collected
funds from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
(1)
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
(2)
To this end, the builder of restricted units shall deposit funds
within the Borough of Allentown's Affordable Housing Trust Fund sufficient
to install accessible entrances in 10% of the affordable units that
have been constructed with adaptable entrances.
(3)
The funds deposited under paragraph (f)(2) above shall be used
by the Borough of Allentown for the sole purpose of making the adaptable
entrance of an affordable unit accessible when requested to do so
by a person with a disability who occupies or intends to occupy the
unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion of adaptable to accessible
entrances to the Construction Official of the Borough of Allentown.
(5)
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free SubCode, N.J.A.C. 5:23-7 and
N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Borough's Affordable Housing
Trust Fund in care of the Borough Treasurer who shall ensure that
the funds are deposited into the Affordable Housing Trust Fund and
appropriately earmarked.
(6)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is "site impracticable" to
meet the requirements. Determinations of site impracticability shall
be in compliance with the Barrier Free SubCode, N.J.A.C. 5:23-7 and
N.J.A.C. 5:97-3.14.
d.
Maximum Rents and Sales Prices.
1.
In establishing rents and sales prices of affordable housing units,
the Administrative Agent shall follow the procedures set forth in
UHAC, utilizing the regional income limits established by COAH.
2.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
3.
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units, provided that at least 10% of all low-
and moderate-income rental units shall be affordable to very-low-income
households.
4.
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units;
in achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
5.
In determining the initial sales prices and rent levels for compliance
with the affordability average requirements for restricted units other
than assisted living facilities and age-restricted developments, the
following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one and one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four and one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
6.
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, the following
standards shall be used:
7.
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowners' and private mortgage insurance and condominium or homeowners'
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
8.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
9.
The price of owner-occupied low- and moderate-income units may increase
annually based on the percentage increase in the regional median income
limit for each housing region. In no event shall the maximum resale
price established by the Administrative Agent be lower than the last
recorded purchase price.
10.
The rent of low- and moderate-income units may be increased annually
based on the permitted percentage increase in the Housing Consumer
Price Index for the United States. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
[Ord. No. 08-2009 § II]
a.
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
b.
Tenant-paid utilities included in the utility allowance shall be
set forth in the lease and shall be consistent with the utility allowance
approved by DCA for its Section 8 program.
a.
In referring certified households to specific restricted units, the
Administrative Agent shall, to the extent feasible and without causing
an undue delay in the occupancy of a unit, strive to:
[Ord. No. 08-2009 § II]
a.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Allentown
takes action to release the unit from such requirements; prior to
such action, a restricted ownership unit must remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
b.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
c.
Prior to the issuance of the initial Certificate of Occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the Administrative Agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value without the restrictions in place.
d.
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the Administrative Agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first non-exempt sale after the unit's
release from the restrictions set forth in this section, an amount
equal to the difference between the unit's nonrestricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
e.
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
f.
A restricted ownership unit shall be required to obtain a Continuing
Certificate of Occupancy or a certified statement from the Construction
Official stating that the unit meets all Code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
[Ord. No. 08-2009 § II]
a.
Price restrictions for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
1.
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
2.
The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
3.
The master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowners' association fees and special
assessments paid by low- and moderate-income purchasers and those
paid by market purchasers.
4.
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See § 28-17.12.
[Ord. No. 08-2009 § II]
a.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median-income
and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
b.
Notwithstanding the foregoing, however, the Administrative Agent
may, subject to COAH's approval, permit moderate-income purchasers
to buy low-income units in housing markets determined by COAH to have
an insufficient number of eligible low-income purchasers to permit
prompt occupancy of the units. All such low-income units to be sold
to moderate-income households shall retain the required pricing restrictions
for low-income units.
c.
A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence and
shall not lease the unit; provided, however, that the Administrative
Agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to a certified
household for a period not to exceed one year.
d.
The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowners' association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
[Ord. No. 08-2009 § II]
a.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the Administrative Agent
for a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the Administrative Agent
shall issue such determination prior to the owner incurring such indebtedness.
b.
With the exception of First Purchase Money Mortgages, neither an
owner nor a lender shall at any time cause or permit the total indebtedness
secured by a restricted ownership unit to exceed 95% of the maximum
allowable resale price of the unit, as such price is determined by
the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
[Ord. No. 08-2009 § II]
a.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that add an additional bathroom. In no event
shall the maximum sales price of an improved housing unit exceed the
limits of affordability for the larger household.
b.
Upon the resale of a restricted ownership unit, all items of property
that are permanently affixed to the unit or were included when the
unit was initially restricted (for example, refrigerator, range, washer,
dryer, dishwasher, wall-to-wall carpeting) shall be included in the
maximum allowable resale price. Other items may be sold to the purchaser
at a reasonable price that has been approved by the Administrative
Agent at the time of the signing of the agreement to purchase. The
purchase of central air conditioning installed subsequent to the initial
sale of the unit and not included in the base price may be made a
condition of the unit resale provided the price, which shall be subject
to 10-year, straight-line depreciation, has been approved by the Administrative
Agent. Unless otherwise approved by the Administrative Agent, the
purchase of any property other than central air conditioning shall
not be made a condition of the unit resale. The owner and the purchaser
must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property
has taken place at the time of or as a condition of resale.
[Ord. No. 08-2009 § II]
a.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Allentown
takes action to release the unit from such requirements. Prior to
such action, a restricted rental unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
b.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Monmouth. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a Certificate
of Occupancy.
c.
A restricted rental unit shall remain subject to the affordability
controls of this section despite the occurrence of any of the following
events:
[Ord. No. 08-2009 § II]
a.
A written lease shall be required for all restricted rental units
and tenants shall be responsible for security deposits and the full
amount of the rent as stated on the lease. A copy of the current lease
for each restricted rental unit shall be provided to the Administrative
Agent.
b.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the Administrative Agent.
c.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the Administrative Agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this section.
[Ord. No. 08-2009 § II]
a.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
1.
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
2.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
3.
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
b.
The Administrative Agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income household,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
1.
The household currently pays more than (35%) percent (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than (35%) percent (40%
for households eligible for age-restricted units) of eligible monthly
income for rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5.
The household documents proposed third-party assistance from an outside
source such as a family member in a form acceptable to the Administrative
Agent and the owner of the unit.
c.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in paragraphs b1 through b5 above with
the Administrative Agent, who shall counsel the household on budgeting.
[Ord. No. 08-2009 § II]
a.
COAH requires Allentown to appoint a specific municipal employee
to serve as a Municipal Housing Liaison responsible for administering
the affordable housing program, including affordability controls,
the Affirmative Marketing Plan, monitoring and reporting, and, where
applicable, supervising any contracted Administrative Agent. Allentown
shall adopt an ordinance creating the position of Municipal Housing
Liaison. Allentown shall adopt a resolution appointing a Municipal
Housing Liaison. The Municipal Housing Liaison shall be appointed
by the Borough Council and may be a full- or part-time municipal employee.
The Municipal Housing Liaison shall be approved by COAH and shall
be duly qualified before assuming the duties of Municipal Housing
Liaison.
b.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Allentown,
including the following responsibilities which may not be contracted
out to the Administrative Agent:
1.
Serving as Allentown's primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents
and interested households;
2.
Monitoring the status of all restricted units in Allentown's Fair
Share Plan;
3.
Compiling, verifying and submitting annual monitoring reports as
required by COAH;
4.
Coordinating meetings with affordable housing providers and Administrative
Agents, as needed; and
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing as offered or approved
by COAH.
c.
Subject to the approval of COAH the Borough of Allentown shall designate
one or more Administrative Agent(s) to administer newly constructed
affordable units in accordance with N.J.A.C. 5:96, N.J.A.C. 5:97 and
UHAC. An Operating Manual shall be provided by the Administrative
Agent(s) to be adopted by resolution of the Borough Council and subject
to approval of COAH. The Operating Manuals shall be available for
public inspection in the Office of the Borough Clerk and in the office(s)
of the Administrative Agent(s). The Municipal Housing Liaison shall
supervise the contracting Administrative Agent(s).
[Ord. No. 08-2009 § II]
a.
The Administrative Agent shall perform the duties and responsibilities
of an Administrative Agent as set forth in UHAC, including those set
forth in Sections 5:80-26.14, 16 and 18 thereof, which includes:
1.
Affirmative Marketing.
(a)
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Borough of Allentown and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing a random selection process as provided in the Affirmative
Marketing Plan of the Borough of Allentown when referring households
for certification to affordable units.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Monmouth
County Register of Deeds or Monmouth County Clerk's office after the
termination of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resales and Rerentals.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rerental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5.
Processing Requests from Unit Owners.
(a)
Reviewing and approving requests for determination from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this section;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the depreciated cost of central air-conditioning
systems;
(c)
Notifying the Borough of an owner's intent to sell a restricted
unit; and
(d)
Making determinations on requests by owners of restricted units
for hardship waivers.
6.
Enforcement.
(a)
Securing annually from the Borough a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent or other charges can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the Borough's Affordable Housing Trust Fund or other appropriate
municipal fund approved by the DCA; and
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering the affordability
controls.
7.
Additional Responsibilities.
(a)
The Administrative Agent shall have the authority to take all
actions necessary and appropriate to carry out its responsibilities,
hereunder.
(b)
The Administrative Agent shall prepare monitoring reports for
submission to the Municipal Housing Liaison in time for their submission
by the Municipal Housing Liaison to COAH, as required by COAH.
(c)
The Administrative Agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing as offered or approved by COAH.
[Ord. No. 08-2009 § II]
a.
All affordable housing units shall be marketed in accordance with
the provisions herein unless otherwise provided in COAH's Rules at
N.J.A.C. 5:97-1, et seq.
b.
This Affirmative Marketing Plan shall apply to all developments that
will contain low- and moderate-income units, including those that
are part of the Borough's current Housing Element and Fair Share Plan
and those that may be constructed in future developments not yet anticipated
by the Housing Element and Fair Share Plan.
c.
All of the costs of advertising and affirmatively marketing affordable
housing units shall be borne by the developer/seller/owner of the
affordable units.
d.
In implementing the Affirmative Marketing Plan, the Affordable Housing
Administrator, acting on behalf of the Borough of Allentown, shall
undertake all of the following strategies:
1.
Publication of one advertisement in a newspaper of general circulation
within the housing region.
2.
Broadcast of one advertisement by a radio or television station broadcasting
throughout the housing region.
3.
At least one additional regional marketing strategy using one of
the other sources listed below.
e.
The Affirmative Marketing Plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer or sponsor of affordable housing. The Affirmative Marketing
Plan is also intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region.
It is a continuing program that directs all marketing activities toward
the COAH Housing Region in which the Borough is located and covers
the entire period of the deed restriction for each restricted housing
unit. The Borough of Allentown is in the housing region consisting
of Monmouth, Mercer and Ocean Counties.
f.
The Affirmative Marketing Plan is a continuing program and shall
meet the following requirements:
1.
All newspaper articles, announcements and requests for applications
for low- and moderate-income units shall appear in the Asbury Park
Press and the Messenger Press.
2.
The primary marketing shall take the form of at least one press release
and a paid display advertisement in the above newspapers once a week
for four consecutive weeks. Additional advertising and publicity shall
be on an "as needed" basis. The developer/owner shall disseminate
all public service announcements and pay for display advertisements.
The developer/owner shall provide proof of publication to the Borough's
Affordable Housing Administrator. All press releases and advertisements
shall be approved in advance by the Borough's Affordable Housing Administrator.
3.
The advertisement shall include a description of the:
(a)
Location of the units;
(b)
Direction to the units;
(c)
Range of prices for the units;
(d)
Size, as measured in bedrooms, of units;
(e)
Maximum income permitted to qualify for the units;
(f)
Location of applications;
(g)
Business hours when interested households may obtain an application;
and
(h)
Application fees.
4.
Newspaper articles, announcements and information on where to request
applications for low- and moderate-income housing shall appear at
least once a week for four consecutive weeks in at least three locally
oriented weekly newspapers within the region, one of which shall be
circulated primarily in Monmouth County and the other two of which
shall be circulated primarily outside of Monmouth County but within
the housing region.
5.
The following regional cable television stations or regional radio
stations shall be used during the first month of advertising. The
developer must provide satisfactory proof of public dissemination:
g.
Applications, brochure(s), sign(s) and/or poster(s) used as part
of the affirmative marketing program shall be available/posted in
the following locations:
1.
Borough of Allentown Municipal Building.
2.
Allentown Public Library.
3.
Developer's Sales Office.
4.
Monmouth County Administration Building.
5.
Monmouth County Library (and branches).
Applications shall be mailed by the Administrative Agent to
prospective applicants upon request. Also, applications shall be available
at the developer's sales/rental office and shall be mailed to prospective
applicants upon request.
h.
The Administrative Officer will be charged with developing, maintaining
and updating a list of community contact person(s) and/or organizations(s)
in Monmouth, Mercer and Ocean Counties that will aid in the affirmative
marketing program with particular emphasis on contacts that will reach
out to groups that are least likely to apply for housing within the
region, including major regional and local employers and local houses
of worship.
i.
j.
A random selection method to select occupants of low- and moderate-income
housing will be used by the Affordable Housing Administrator, in conformance
with N.J.A.C. 5:80-26.16(1). The affirmative marketing plan shall
provide a regional preference for all households that live and/or
work in COAH Housing Region 4 comprised of Monmouth, Mercer and Ocean
Counties.
k.
The Affordable Housing Administrator shall administer the Affirmative
Marketing Plan. The Affordable Housing Administrator has the responsibility
to income qualify low- and moderate-income households; to place income
eligible households in low- and moderate-income units upon initial
occupancy; to provide for the initial occupancy of low- and moderate-income
units with income qualified households; to continue to qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; to assist with outreach to low- and moderate-income
households; and to enforce the terms of the deed restriction and mortgage
loan as per N.J.A.C. 5:80-26-1, et seq.
l.
The Affordable Housing Administrator shall direct qualified low-
and moderate-income applicants to counseling services on subjects
such as budgeting, credit issues, mortgage qualifications, rental
lease requirements and landlord/tenant law and shall develop, maintain
and update a list of entities and lenders willing and able to perform
such services.
m.
All developers/owners of low- and moderate-income housing units shall
be required to undertake and pay the costs of the marketing of the
affordable units in their respective developments, subject to the
direction and supervision of the Affordable Housing Administrator.
n.
The Affirmative Marketing Plan shall commence at least 120 days before
the issuance of either a temporary or permanent Certificate of Occupancy.
The Affirmative Marketing Plan shall continue until all low-income
housing units are initially occupied and for as long as affordable
units exist that remain deed restricted and for which the occupancy
or reoccupancy of units continues to be necessary.
o.
The Affordable Housing Administrator shall provide the Affordable
Housing Liaison with the information required to comply with monitoring
and reporting requirements pursuant to N.J.A.C. 5:80-26-1, et seq.
[Ord. No. 08-2009 § II]
a.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the Borough
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
b.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the Borough
may take the following action(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1.
The Borough may file a court action pursuant to N.J.S.A. 2A:58-11
alleging a violation or violations of the regulations governing the
affordable housing unit. If the owner, developer or tenant is adjudged
by the Court to have violated any provision of the regulations governing
affordable housing units the owner, developer or tenant shall be subject
to one or more of the following penalties, at the discretion of the
Court:
(a)
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense;
(b)
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Borough of Allentown Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the Court.
2.
The Borough may file a court action in the Superior Court seeking
a judgment that would result in the termination of the Owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any such judgment shall be enforceable as if the same were a judgment
of default of the First Purchase Money Mortgage and shall constitute
a lien against the low- or moderate-income unit.
(a)
The judgment shall be enforceable, at the option of the Borough,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any First Purchase Money Mortgage and prior liens and
the costs of the enforcement proceedings incurred by the Borough,
including attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
(b)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the First Purchase Money Mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the Borough for any and all costs and expenses
incurred in connection with either the court action resulting in the
judgment of violation or the Sheriff's sale. In the event that the
proceeds from the Sheriff's sale are insufficient to reimburse the
Borough in full as aforesaid, the violating owner shall be personally
responsible for the full extent of such deficiency, in addition to
any and all costs incurred by the Borough in connection with collecting
such deficiency. In the event that a surplus remains after satisfying
all of the above, such surplus, if any, shall be placed in escrow
by the Borough for the owner and shall be held in such escrow for
a maximum period of two years or until such earlier time as the owner
shall make a claim with the Borough for such. Failure of the owner
to claim such balance within the two-year period shall automatically
result in a forfeiture of such balance to the Borough. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the Borough, whether such balance shall
be paid to the owner or forfeited to the Borough.
(c)
Foreclosure by the Borough due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(d)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the First Purchase Money Mortgage and any
prior liens, the Borough may acquire title to the low- and moderate-income
unit by satisfying the First Purchase Money Mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the First Purchase Money Mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(e)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the Borough shall obligate the
owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the Borough, with such offer
to purchase being equal to the maximum resale price of the low- and
moderate-income unit as permitted by the regulations governing affordable
housing units.
(f)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
[Ord. No. 08-2009 § II]
Appeals from all decisions of an Administrative Agent appointed
pursuant to this section shall be filed in writing with the Executive
Director of COAH.
[Added 4-20-2021 by Ord.
No. 03-2021]
[Added 4-20-2021 by Ord.
No. 03-2021]
These rules, regulations and standards shall be considered the
minimum requirements for the protection, promotion and conservation
of the public health, morals, safety and general welfare of the citizens
of the Borough. Any action taken by the Planning Board under the terms
of this chapter shall give primary consideration to the abovementioned
matters and to the welfare of the entire community. However, if the
subdivider or developer can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of these regulations is impractical or will exact undue hardship,
the Planning Board may permit such waiver or waivers as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter and as such shall not be
in conflict with the provisions of any other ordinance of the Borough.
[Added 4-20-2021 by Ord.
No. 03-2021]
Whenever reference is made to Chapter Laws of the New Jersey
Statutes such reference shall be construed as including the words
"as it may be amended or supplemented."
[Added 4-20-2021 by Ord.
No. 03-2021]
a.
If, before final approval has been obtained, any person transfers
or sells or agrees to sell, as owner or agent, any land which forms
a part of a subdivision on which, by ordinance, the Planning Board
is required to act, such person shall be subject to a fine not to
exceed $1,000 and each parcel, plot or lot so disposed of shall be
deemed a separate violation. In addition thereto, the Borough may
invoke such other relief as is provided in N.J.S.A. 40:55D-55.
b.
In addition to the foregoing, if the streets in the subdivision are not such that a structure on such land in the subdivision would meet requirements for a building permit under the provisions set forth in § 28-15, being in accord with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. or as it may be amended or supplemented, the Borough may institute or maintain a civil action:
1.
For injunctive relief.
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale or as a result of a sale if a certificate of compliance
has not been issued in accordance with the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
|
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land from which the
subdivision was made that remains in the possession of the subdivider
or his assigns or successors, to secure the return of any deposit
made or purchase price paid, and also a reasonable search fee, survey
expense and title-closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of the land, or within six years if
unrecorded.
|
[Added 4-20-2021 by Ord.
No. 03-2021; amended 2-28-2023 by Ord. No. 02-2023]
Notwithstanding any provision of law to the contrary, those
development regulations which are in effect on the date of submission
of an application for development shall govern the review of that
application for development and any decision made with regard to that
application for development.
[Added 4-20-2021 by Ord.
No. 03-2021]
Immediately upon adoption of this chapter, the Borough Clerk
shall file a copy of this chapter with the Monmouth County Planning
Board as required by law. The Clerk shall also file with the Monmouth
County Planning Board copies of all other amended ordinances of the
Borough relating to land use, such as the subdivision and zoning regulations.
[Added 4-20-2021 by Ord.
No. 03-2021]
This chapter shall take effect after final passage and publication
in accordance with law and upon the filing of a certified copy of
the duly adopted chapter with the Monmouth County Planning Board.
