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Allentown City Zoning Code

§ 28-3

DEFINITIONS.

[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.