[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."
[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:
ACCESSORY BUILDING, STRUCTURE OR USE
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.
ADDITION
Shall mean an extension in building size, floor area or height.
ADMINISTRATIVE OFFICER
Shall mean the Borough Clerk of the Borough of Allentown unless the use of the term in this chapter clearly means some other officer or officers of the Borough. In the absence or disability of the Borough Clerk the term shall mean the Secretary of the Planning Board.
ALLEY
Shall mean a public passageway for foot or vehicular traffic, but not of a through nature and as distinguished from a street, intended for access to property(ies) contiguous to it for such purposes as parking, deliveries, emergency vehicles access or household waste collection.
ALTERATIONS OR ADDITIONS, STRUCTURAL
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.
AMERICANS WITH DISABILITIES ACT (ADA)
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.
ANTENNA
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.
APPLICANT
Shall mean a developer submitting an application for development.
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.
APPROVING AUTHORITY
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.
BOARD OF ADJUSTMENT
Shall mean the Allentown Borough Planning Board when acting pursuant to N.J.S.A 40:55D-69.
BUILDING
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.
BUILDING COVERAGE
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.
BUILDING HEIGHT
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.
BUILDING, PRINCIPAL
See "Principal Use."
CANNABIS CULTIVATOR
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]
CANNABIS DISTRIBUTOR
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]
CANNABIS MANUFACTURER
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]
CANNABIS RETAILER
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]
CANNABIS WHOLESALER
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]
CAPITAL IMPROVEMENT
Shall mean a governmental acquisition of real property or major construction project.
CELLAR
Shall mean a portion of a building having at least half its clear height below average contact grade around the periphery of the foundation.
CIRCULATION
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.
COMMON OPEN SPACE
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.
COMPACTION
Shall mean the increase in soil bulk density.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning regulations, and upon the issuance of an authorization therefore by Planning Board.
CONSERVATION RESTRICTION
Shall mean a "conservation restriction" as defined in N.J.S.A. 13:8B-2.
CONSTRUCTION OFFICIAL
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.
COUNTY MASTER PLAN
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.
COUNTY PLANNING BOARD
Shall mean the Monmouth County Planning Board, as defined in section 1 of N.J.S.A. 40:27-6.1.
COUNTY REVIEW AGENCY
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.
DAYS
Shall mean calendar days.
DENSITY
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.
DESIGN ENGINEER
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.
DESIGNATED CENTER
Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or any land proposed for development by an applicant filing an application for development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels or lots, the proposed or actual construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, and any use or change in the use of any building or other structure, or land or extension of use of land, including alteration to a site, for which permission is required pursuant to this chapter or any other ordinance of the Borough in accordance with N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT POTENTIAL
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.
DEVELOPMENT REGULATION
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.
DRAINAGE
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.
DRAINAGE AREA
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.
DRAINAGE RIGHT-OF-WAY
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.
DRIVEWAY
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.
DWELLING
Shall mean a building which is designed or used exclusively as the living quarters for one or more housekeeping units.
DWELLING UNIT
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.
DWELLING, DETACHED
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.
DWELLING, SINGLE-FAMILY ATTACHED
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.
ENVIRONMENTAL COMMISSION
Shall mean the Allentown Borough Environmental Commission created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTALLY CRITICAL AREAS
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.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FAMILY
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.
FCC
Shall mean the Federal Communications Commission.
FINAL APPROVAL
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.
FLOOD PLAIN
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.
FLOOR AREA RATIO (also referred to as F.A.R.)
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.
GENERAL IMPROVEMENTS
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.
GOVERNING BODY
Shall mean the Mayor and Borough Council of Borough of Allentown.
GRADE
Shall mean:
a. 
The vertical rise expressed as a percentage of the horizontal distance, e.g. a 10% grade is where the surface rises 10 feet vertically for each 100 feet moved horizontally.
b. 
The finished elevation of the ground.
GROSS FLOOR AREA
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.
HISTORIC DEFINITIONS
See Historic Preservation, Definitions (§ 28-16.2).
HISTORIC STRUCTURE
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.
HOME OCCUPATION
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.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
IMPROVEMENT
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.
INFILTRATION
Shall mean the process by which water seeps into the soil from precipitation.
INHERENTLY BENEFICIAL USE
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.
INTERESTED PARTY
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.
JUNK YARD
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.
LAND
Shall mean land and includes improvements and fixtures on, above or below the surface.
LOCAL IMPROVEMENT
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.
LOCAL UTILITY
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.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. Contiguous undersized parcels under one ownership are considered one lot.
LOT COVERAGE
Shall mean the area of a lot covered by buildings and paved surfaces.
LOT DEPTH
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.
LOT FRONTAGE
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.
LOT LINE
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.
LOT WIDTH
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.
LOT, CORNER
Shall mean a lot on the junction of two or more intersecting streets where the interior angle of the intersection does not exceed 135°.
MAINTENANCE GUARANTEE
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.
MAJOR DEVELOPMENT
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.
MAJOR SITE PLAN
Shall mean any site plan that is not defined as a minor site plan.
MAJOR SUBDIVISION
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.
MASTER PLAN
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.
MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTER
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]
MEDICAL CANNABIS CULTIVATOR
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]
MEDICAL CANNABIS DISPENSARY
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]
MEDICAL CANNABIS MANUFACTURER TREATMENT CENTER
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]
MINOR SITE PLAN
Shall mean:
a. 
A site plan for construction of an addition or modification to an existing building, which addition or alteration:
1. 
Shall not exceed 1,500 square feet in floor area.
2. 
Shall not result in the addition of more than five parking spaces.
3. 
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.
b. 
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.
c. 
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.
d. 
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.
e. 
The total disturbed area of the site shall not exceed 5,000 square feet or require Soil Conservation Service approval.
MINOR SUBDIVISION
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.
MUNICIPAL AGENCY
Shall mean the Borough of Allentown Planning Board when acting pursuant to N.J.S.A. 40:55D-1 et seq.
MUNICIPAL RESIDENT
Shall mean a person who is domiciled in the Borough of Allentown.
MUNICIPALITY
Shall mean the Borough of Allentown.
N.J.D.E.P.
Shall mean the New Jersey Department of Environmental Protection.
NONCONFORMING BUILDING OR STRUCTURE
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.
NONCONFORMING LOT
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.
NONCONFORMING USE
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.
NONCONTRIBUTING BUILDINGS
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.
NORTH AMERICAN STANDARD INDUSTRIAL CLASSIFICATION SYSTEM (NAICS)
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.
NUISANCE FACTORS
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:
a. 
Noise.
b. 
Dust.
c. 
Fumes and odors.
d. 
Smoke.
e. 
Glare.
f. 
Vibration.
g. 
Objectionable effluent.
h. 
Vehicular movement.
i. 
Debris.
j. 
On-street parking beyond property line.
k. 
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.
NUTRIENT
Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
OFF-SITE
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.
OFF-STREET PARKING AND LOADING, NON-RESIDENTIAL
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.
OFF-TRACT
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.
OFF-TRACT IMPROVEMENTS
Shall mean improvements that are necessary beyond the tract being developed in order to accommodate the impact of the development.
OFFICE
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.
OFFICE OF PLANNING ADVOCACY or OFFICE OF SMART GROWTH
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.
OFFICIAL MAP
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.
ON-SITE
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,
ON-TRACT
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.
OPEN SPACE
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.
ORDINARY MAINTENANCE AND REPAIR
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.
PARKING AREA
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.
PARKING SPACE
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.
PARTY IMMEDIATELY CONCERNED
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.
PERFORMANCE GUARANTEE
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.
PERMITTED USE
Shall mean any use of land or buildings permitted by this chapter.
PERSON
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.
PLANNING BOARD
Shall mean the Allentown Borough Planning Board established pursuant N.J.S.A. 40:55D-23.
PLAT
Shall mean a map or maps of a subdivision or site plan.
POLLUTANT
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.
PRELIMINARY APPROVAL
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.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
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.
PRINCIPAL PERMITTED USE
Shall mean the main purpose for which any lot and/or building is used in accordance with this chapter.
PRIVATE SCHOOL
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.
PROTECTION
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.
PUBLIC AREAS
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.
PUBLIC DEVELOPMENT PROPOSAL
Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY
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.
PUBLIC OPEN SPACE
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.
PUBLIC UTILITY
Shall mean any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
QUORUM
Shall mean the majority of the full authorized membership of a municipal agency.
RECHARGE
Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
RECONSTRUCTION
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.
RECREATION AND CONSERVATION PURPOSES
Shall mean "recreation and conservation purposes" as defined in N.J.S.A. 13:8C-3.
REHABILITATION
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.
REPAIR
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.
RESTORATION
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.
RESUBDIVISION
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.
RIGHT-OF-WAY
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.
SEDIMENT, SOLID
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.
SEDIMENTATION
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.
SERVICE STATION
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.
SETBACK LINE
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.
SHIELDING
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.
SIGHT TRIANGLE EASEMENT
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.
SIGN
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.
SILTATION BASIN
Shall mean a facility through which storm water is directed and which is designed to collect silt and eroded soil from a designated area.
SINGLE FAMILY HOUSE, DETACHED
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.
SINGLE FAMILY HOUSE, SEMI-DETACHED
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.
SITE
Shall mean the lot or lots upon which a major development is to occur or has occurred.
SITE PLAN
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.
SITE PLAN REVIEW
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,
SOIL
Shall mean all unconsolidated mineral and organic material of any origin.
SOLAR ENERGY SYSTEM
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.
STANDARDS OF PERFORMANCE
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.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN-PLANNING AREA (DESIGNATED VILLAGE)
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.
STATE PLAN POLICY MAP
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.
STORMWATER
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.
STORMWATER MANAGEMENT BASIN
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).
STORMWATER MANAGEMENT MEASURE
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.
STORY
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.
STREET
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.
STREET LINE
Shall mean the edge of the street right-of-way forming the dividing line between the street and a lot.
STREETSCAPE
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.
STRUCTURE
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.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of N.J.S.A. 40:55D-1 et seq. if no new streets or the extension of Borough improvements are involved:
a. 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be solely for agricultural purposes where all resulting parcels are five acres or larger in size.
b. 
Divisions of property by testamentary or intestacy provisions.
c. 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
d. 
Conveyances so as to combine existing contiguous lots by deed or other recorded instrument into common ownership.
e. 
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and certified by the administrative officer of the 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.
The term "subdivision" shall also include the term "resubdivision."
SURVEY
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.
SURVEY DATA
The raw data produced by the survey; that is, all the information gathered on each property and area investigated.
SWIMMING POOL
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.
SWIMMING POOL, PORTABLE
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.
TOWER
See "Wireless Telecommunications Tower."
TOWER HEIGHT
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").
TOWNHOUSE
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.
TRACT
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.
TRANSCRIPT
Shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.
UTILITY
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.
VARIANCE
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.
WATERS OF THE STATE
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.
WETLANDS or WETLAND
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.
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
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.
WIRELESS TELECOMMUNICATIONS TOWER
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.
YARD
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.
ZONING OFFICER
Shall mean the official Zoning Officer of the Borough of Allentown, or in his absence the Assistant Zoning Officer, appointed by the Borough Council.
ZONING PERMIT
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:
(i) 
The number of dwelling units and nonresidential floor area permissible under final approval,
(ii) 
The number of dwelling units and nonresidential floor area remaining to be developed,
(iii) 
Economic conditions, and
(iv) 
The comprehensiveness of the development.
4. 
Notwithstanding anything above to the contrary, applications for extensions must be filed by the developer prior to the expiration of the term that is sought to be extended for the 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.
c. 
That the proposed use, on-site and off-site structures and improvements meet the requirements of this chapter, § 28-10, Zoning, § 22-13, Off-Tract and Off-Site Improvements, and § 28-7, Land Subdivision, of the Code of the Borough of Allentown.
d. 
That, in addition to the above, in the case of any use located in, or directly adjacent to, a residential district:
1. 
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the normal traffic of the neighborhood, and
2. 
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or substantially impair the value thereof.
e. 
That the 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:
1. 
Borough Clerk.
2. 
Borough Engineer.
3. 
Construction Official or Zoning Officer.
4. 
Tax Assessor.
5. 
Planning Board Engineer.
6. 
Monmouth County Planning Board.
7. 
Environmental Commission.
8. 
Historic Preservation Commission.
d. 
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedure in § 28-7.4.2 and § 28-7.4.3.
[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:
1. 
Installed all improvements in accordance with the requirements of these regulations; or
2. 
A performance guarantee has been posted with the Borough Clerk in sufficient amount to assure the completion of all required improvements in accordance with the land use procedures of the Borough.
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.
g. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
1. 
Borough Clerk.
2. 
Borough Engineer.
3. 
Building Subcode Official.
4. 
Tax Assessor.
5. 
Monmouth County Planning Board.
6. 
The official issuing certificates for approved lots.
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.
13. 
Plans to a scale of not less than one inch equals 100 feet on one of four of the following standard sheet sizes:
(a) 
8 1/2" x 13".
(b) 
15" x 21".
(c) 
24" x 36".
(d) 
30" x 42".
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.
11. 
Plans to a scale of not less than one inch equals 100 feet on one of four of the following standard sheet sizes:
(a) 
8 1/2" x 13".
(b) 
15" x 21".
(c) 
24" x 36".
(d) 
30" x 42".
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.
6. 
Lighting Plan to include:
(a) 
Locations and height of proposed fixtures.
(b) 
Proposed lighting levels.
(c) 
Detail for construction of fixture.
7. 
Construction details for all improvements:
(a) 
Roadways.
(b) 
Curb.
(c) 
Sidewalk.
(d) 
Driveway aprons.
(e) 
Drainage inlets.
(f) 
Pipe bedding.
(g) 
Outfalls.
(h) 
Manholes.
(i) 
Gutters.
(j) 
Plantings.
(k) 
Parking lots.
(l) 
Soil erosion and sediment control structures.
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.
13. 
Plans to a scale of not less than one inch equals 100 feet on one of four of the following standard sheet sizes:
(a) 
8 1/2" x 13".
(b) 
15" x 21".
(c) 
24" x 36".
(d) 
30" x 42".
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.
2. 
Circulation Plan to include:
(a) 
Truck turning template.
(b) 
Emergency vehicle turning template.
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.
7. 
Lighting Plan to include:
(a) 
Locations and height of proposed fixtures.
(b) 
Proposed lighting levels.
(c) 
Detail for construction of fixture.
8. 
Construction details for all improvements:
(a) 
Roadways.
(b) 
Curb.
(c) 
Sidewalk.
(d) 
Driveway aprons.
(e) 
Drainage inlets.
(f) 
Pipe bedding.
(g) 
Outfalls.
(h) 
Manholes.
(i) 
Gutters.
(j) 
Plantings.
(k) 
Parking lots.
(l) 
Soil erosion and sediment control structures.
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. 
Site plan review and approval shall be required before:
1. 
Any change of use; or
2. 
Any of the following actions taken in contemplation of or in preparation for development of land for any use or purpose not exempted by paragraph c. below:
(a) 
Excavation.
(b) 
Removal of soil.
(c) 
Clearing of site.
(d) 
Modifying the natural condition of any land.
(e) 
Placing of any fill on the land.
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.
13. 
Plans to a scale of not less than one inch equals 100 feet on one of four of the following standard sheet sizes:
(a) 
8 1/2" x 13".
(b) 
15" x 21".
(c) 
24" x 36".
(d) 
30" x 42".
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.
5. 
Lighting Plan to include:
(a) 
Locations and height of proposed fixtures.
(b) 
Proposed lighting levels.
(c) 
Detail for construction of fixture.
6. 
Construction details for all improvements:
(a) 
Roadways.
(b) 
Curb.
(c) 
Sidewalk.
(d) 
Driveway aprons.
(e) 
Drainage inlets.
(f) 
Pipe bedding.
(g) 
Outfalls.
(h) 
Manholes.
(i) 
Gutters.
(j) 
Plantings.
(k) 
Parking lots.
(l) 
Soil erosion and sediment control structures.
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.
13. 
Plans to a scale of not less than one inch equals 100 feet on one of four of the following standard sheet sizes:
(a) 
8 1/2" x 13".
(b) 
15" x 21".
(c) 
24" x 36".
(d) 
30" x 42".
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.
2. 
Circulation Plan to include:
(a) 
Truck turning template.
(b) 
Emergency vehicle turning template.
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.
7. 
Lighting Plan to include:
(a) 
Locations and height of proposed fixtures.
(b) 
Proposed lighting levels.
(c) 
Detail for construction of fixture.
8. 
Construction details for all improvements:
(a) 
Roadways.
(b) 
Curb.
(c) 
Sidewalk.
(d) 
Driveway aprons.
(e) 
Drainage inlets.
(f) 
Pipe bedding.
(g) 
Outfalls.
(h) 
Manholes.
(i) 
Gutters.
(j) 
Plantings.
(k) 
Parking lots.
(l) 
Soil erosion and sediment control structures
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.
13. 
Plans to a scale of not less than one inch equals 100 feet on one of four of the following standard sheet sizes:
(a) 
8 1/2" x 13".
(b) 
15" x 21".
(c) 
24" x 36".
(d) 
30" x 42".
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.
2. 
Circulation Plan to include:
(a) 
Truck turning template.
(b) 
Emergency vehicle turning template.
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.
7. 
Lighting Plan to include:
(a) 
Locations and height of proposed fixtures.
(b) 
Proposed lighting levels.
(c) 
Detail for construction of fixture.
8. 
Construction details for all improvements:
(a) 
Roadways.
(b) 
Curb.
(c) 
Sidewalk.
(d) 
Driveway aprons.
(e) 
Drainage inlets.
(f) 
Pipe bedding.
(g) 
Outfalls.
(h) 
Manholes.
(i) 
Gutters.
(j) 
Plantings.
(k) 
Parking lots.
(l) 
Soil erosion and sediment control structures.
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:
a. 
That no nonconforming lot shall be further reduced in size.
b. 
That no nonconforming building shall be enlarged, extended or increased, unless the proposed construction would comply with the current yard setback requirements.
[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:
a. 
Non-Historic:
1. 
R-20 Residential.
2. 
R-13 Residential.
3. 
R-10 Residential.
4. 
R-6 Residential.
5. 
Multi-Family Residential (MF).
b. 
Historic:
1. 
HR-80 Historic Residential.
2. 
HR-30 Historic Residential.
3. 
HR-20 Historic Residential.
4. 
HR-15 Historic Residential.
5. 
HR-10 Historic Residential.
6. 
HR-5 Historic Residential.
7. 
HB-D Historic Business District.
[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.
4. 
If only one adjacent structure is closer to the street than the district's front yard requirements allow, the required front yard dimension (setback) shall be the average of:
(a) 
That structure's front yard dimension; and
(b) 
The front yard requirement of the district.
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:
1. 
That they are installed as close as practical to the structure which they serve, in the sole opinion of the Zoning Officer.
2. 
That they are open structures and do not incorporate roofs or sidewalls, other than railings necessary for the safety of the user.
[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.
Editor's Note: For additional regulation on abandoned, disabled vehicles, see Chapter 3, Police Regulations, Section 3-9.
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:
1. 
Sheds up to 100 square feet shall not be closer than three feet from any rear or side yard property line.
2. 
Sheds from 100 to 150 square feet shall not be closer than five feet from any rear or side yard property line.
3. 
No shed of any size shall be permitted in any front yard.
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:
a. 
A floor plan showing the layout of both units must be submitted to the Planning Board with a sketch of the property showing location of off-street parking.
b. 
Each unit must have a separate entrance to ground level and second floor units must have alternate fire escape routes.
[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]
a. 
In the multi-family residential district 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 multi-family residential buildings.
b. 
Maximum permitted density is eight dwelling units per acre.
c. 
Height, area and building requirements shall be as stated in § 28-10.9.1 Schedule of Area, Yard and Building Requirements.
Editor's Note: Appendix C, Schedule of Area, Yard and Building Requirements, may be found as an attachment to this chapter.
[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]
a. 
Height, area and building requirements shall be as stated in § 28-10.9, District Regulations.
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DIRECTIONAL SIGN
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.
DISPLAY AREA
Shall mean the portion of the sign on which the message should be placed.
FACADE AREA
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.
1. 
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.
2. 
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.
3. 
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.
POLITICAL SIGN
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.
PREMISES
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.
REAL ESTATE SIGN
Shall mean any sign pertaining to the sale, lease or rental of lands or buildings.
SIGN
Shall mean any device that is intended to provide visual communication to others. A "sign" may have any and all of the following elements:
1. 
Display area.
2. 
Decorative features, such as ornamental flourishes, which neither are part of the display area, nor are covering for the structure.
3. 
Other appurtenances, such as lamps or lighting.
SIGN AREA
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.
SIGN FACE
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."
SIGN STRUCTURE
Shall mean any structure which supports, has supported or is capable of supporting a sign, including decorative cover.
STRUCTURE
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.
5. 
The following window lettering and signs are specifically prohibited:
(a) 
Those having exterior source of illumination.
(b) 
Moving signs.
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:
1. 
Signs advertising the permitted use of that building, provided that it shall not exceed three square feet and it shall not be illuminated.
2. 
Signs advertising the home or office of medical practitioners, provided that it does not exceed one square foot.
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:
1. 
Safety and vehicular and pedestrian traffic including visibility and sight distances.
2. 
Breakage of limbs of brittle trees.
3. 
Interference with existing utility lines. (Note: All new utilities must be underground.)
4. 
Consistency with general character of the area.
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.
1. 
This section shall be applicable to the following major developments:
(a) 
Non-residential major developments; and
(b) 
Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
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.
CAFRA CENTERS, CORES OR NODES
Means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
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).
COMMUNITY BASIN
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.
COMPACTION
Means the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
Means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
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:
a. 
A county planning agency; or
b. 
A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
Means the Department of Environmental Protection.
DESIGN ENGINEER
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.
DESIGNATED CENTER
Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
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.
DISTURBANCE
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.
DRAINAGE AREA
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.
EMPOWERMENT NEIGHBORHOODS
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.
ENVIRONMENTALLY CONSTRAINED AREA
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.
ENVIRONMENTALLY CRITICAL AREA
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.
EROSION
Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
Means a stormwater management measure that manages stormwater close to its source by:
a. 
Treating stormwater runoff through infiltration into subsoil;
b. 
Treating stormwater runoff through filtration by vegetation or soil; or
c. 
Storing stormwater runoff for reuse.
HUC 14 OR HYDROLOGIC UNIT CODE 14
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.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
Is the process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
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.
MAJOR DEVELOPMENT
Means an individual "development," as well as multiple developments that individually or collectively result in:
a. 
The disturbance of one or more acres of land since February 2, 2004;
b. 
The creation of one-quarter acre or more of "regulated impervious surface" since February 2, 2004;
c. 
The creation of one-quarter acre or more of "regulated motor vehicle surface" since March 2, 2021; or
d. 
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."
MOTOR VEHICLE
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.
MOTOR VEHICLE SURFACE
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.
MUNICIPALITY
Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL OR BMP MANUAL
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.
NODE
Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.
POLLUTANT
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.
RECHARGE
Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Means any of the following, alone or in combination:
a. 
A net increase of impervious surface;
b. 
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);
c. 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
d. 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Means any of the following, alone or in combination:
a. 
The total area of motor vehicle surface that is currently receiving water;
b. 
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.
SEDIMENT
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.
SITE
Means the lot or lots upon which a major development is to occur or has occurred.
SOIL
Means all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
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.
STATE PLAN POLICY MAP
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.
STORMWATER
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.
STORMWATER MANAGEMENT BMP
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).
STORMWATER MANAGEMENT MEASURE
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.
STORMWATER MANAGEMENT PLANNING AGENCY
Means a public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
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.
STORMWATER RUNOFF
Means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
Means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
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.
URBAN REDEVELOPMENT AREA
Is defined as previously developed portions of areas:
a. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
b. 
Designated as CAFRA Centers, Cores or Nodes;
c. 
Designated as Urban Enterprise Zones; and
d. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
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.
WATERS OF THE STATE
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.
WETLANDS OR WETLAND
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;
2. 
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 28-14.4o, p, q and r to the maximum extent practicable;
3. 
The applicant demonstrates that, in order to meet the requirements of § 28-14.4o, p, q and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and
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
3. 
To satisfy the stormwater runoff quantity standards at § 28-14.4r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 28-14.4g.
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
30Elevationview.tif
[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.
3. 
The applicant shall submit 12 copies of the materials listed in the checklist for site development stormwater plans in accordance with § 28-14.9c.
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]
a. 
Applicability. Projects subject to review under § 28-14.1c shall comply with the requirements of § 28-14.10b and § 28-14.10c.
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]
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties set forth in Chapter 1, Section 1-5 of the Borough of Allentown Code.
[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:
ADDITION
An extension or increase in building size, floor area or height.
ADMINISTRATIVE OFFICER
For purposes of historic preservation, the Borough's zoning officer shall be the administrative officer.
ALTERATION
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.
CERTIFICATE OF APPROPRIATENESS
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
Demolition is the partial or total razing, dismantling or destruction of any historic site or any improvement within a historic district.
EVALUATION
The process of determining whether identified properties meet defined criteria of historical, architectural, archeological or cultural significance.
HISTORIC DISTRICT
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.
HISTORIC RESOURCE
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.
HISTORIC SITE
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.
IMPROVEMENT
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.
INTEGRITY
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.
INVENTORY
A list of historic properties determined to meet criteria of significance specified herein.
MINOR APPLICATION
Any application for a certificate of appropriateness which:
a. 
Does not involve demolition, relocation or removal of a historic site;
b. 
Does not involve an addition to a property in a historic district or new construction in a historic district;
c. 
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;
d. 
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.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
NON-CONTRIBUTING BUILDINGS
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.
ORDINARY MAINTENANCE AND REPAIR
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.
PERMIT
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.
PRESERVATION
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.
PROTECTION
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.
RECONSTRUCTION
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.
REHABILITATION
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.
REPAIR
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.
RESTORATION
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.
STREETSCAPE
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.
STRUCTURE
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.
SURVEY
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.
SURVEY DATA
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.
4. 
The required information is referred to in this section of Chapter 28 as the "Checklist."
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:
(a) 
All exterior elevations, including the roof, must be maintained and new construction must be compatible with existing districts and surrounding areas.
(b) 
In-kind or compatible exterior colors must be utilized.
(c) 
In-kind or similarly compatible building materials must 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:
(a) 
All exterior elevations, including the roof, must be maintained and new construction must be compatible with existing structures, districts and surrounding areas.
(b) 
In-kind or similarly compatible building materials must 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
(1) 
At least once within the period of time that is not less than 10 nor more than 15 days prior to the expiration of the notice period; and
(2) 
At least once each 20 days between the above first and last notifications.
(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:
ACT
Shall mean the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)
ADAPTABLE
Shall mean constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
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).
AFFIRMATIVE MARKETING
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.
AFFORDABLE
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.
AFFORDABLE DEVELOPMENT
Shall mean a housing development of which all or a portion consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
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.
AFFORDABLE HOUSING PROGRAM(S)
Shall mean any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
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.
AFFORDABILITY AVERAGE
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]
AGENCY
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.).
AGE-RESTRICTED UNIT
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.
ASSISTED LIVING RESIDENCE
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.
CERTIFIED HOUSEHOLD
Shall mean a household that has been certified by an Administrative Agent as a low-income household or moderate-income household.
COAH
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.).
DCA
Shall mean the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
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.
DEVELOPER
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.
DEVELOPMENT
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.
INCLUSIONARY DEVELOPMENT
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.
LOW-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household income equal to 50% or less of the median household income.
LOW-INCOME UNIT
Shall mean a restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
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.
MARKET-RATE UNITS
Shall mean housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
Shall mean the median income by household size for the applicable housing region, as adopted annually by COAH.
MODERATE-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
MODERATE-INCOME UNIT
Shall mean a restricted unit that is affordable to a moderate-income household.
NONEXEMPT SALE
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.
RANDOM SELECTION PROCESS
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).
REGIONAL ASSET LIMIT
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.
REHABILITATION
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.
RENT
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.
RESTRICTED UNIT
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.
UHAC
Shall mean the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26, et seq.
VERY-LOW-INCOME HOUSEHOLD
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.
VERY-LOW-INCOME UNIT
Shall mean a restricted unit that is affordable to a very-low-income household.
WEATHERIZATION
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.
c. 
Design.
1. 
In inclusionary developments, to the extent possible, low- and moderate income units shall be integrated with the market units.
2. 
In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market units.
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:
(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; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
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:
1. 
Provide an occupant for each bedroom;
2. 
Provide children of different sexes with separate bedrooms;
3. 
Provide separate bedrooms for parents and children; and
4. 
Prevent more than two persons from occupying a single bedroom.
[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:
1. 
Sublease or assignment of the lease of the unit;
2. 
Sale or other voluntary transfer of the ownership of the unit; or
3. 
The entry and enforcement of any judgment of foreclosure on the property containing the unit.
[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:
(a) 
Local Cable Access Channel.
(b) 
WBUD, 1260 A.M. - Trenton.
(c) 
WPST, 94.5 F.M. - Trenton.
(d) 
WNJT, 88.1 F.M. - Trenton.
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. 
Quarterly Information Circulars.
1. 
Quarterly informational flyers and applications shall be sent to each of the following agencies for publication in their journals and for circulation among their members:
(a) 
Monmouth County Board of Realtors.
(b) 
Mercer County Board of Realtors.
(c) 
Ocean County Board of Realtors.
2. 
Quarterly informational circulars and applications shall be sent to the administrators of each of the following agencies in the counties of Monmouth, Mercer and Ocean:
(a) 
Welfare or Social Service Board.
(b) 
Rental Assistance Office (local office of DCA).
(c) 
Office on Aging.
(d) 
Housing Authority.
(e) 
Community Action Agencies.
(f) 
Community Development Departments.
3. 
Quarterly informational circulars and applications shall be sent to the chief personnel administrator for each of the following major employers in the region:
(a) 
Allentown Post Office.
(b) 
Upper Freehold Board of Education.
(c) 
Allentown Caging Equipment Co., Inc.
(d) 
Monmouth County.
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.