After an extended discussion regarding the implications of the words “should” and “shall,” the Red Bank Borough Council tabled an ordinance that would relax the standards for planning and development in the borough.

The ordinance, which was scheduled for public hearing and final adoption at the Aug. 23 meeting, amends and supplements the planning and development regulations in the borough’s BR-1, BR-2, train station design district and train station overlay zones.

Councilman Edward Zipprich, liaison to the Red Bank Historic Preservation Commission, voiced his concern about relaxing the ordinance.

“I’m particularly concerned about the color scheme in the downtown,” Zipprich said. “Why are we only recommending people use certain colors and not requiring it?”

Borough Engineer Christine Ballard, of T&M Associates, explained that since the train station overlay zone isn’t a historic district, the borough cannot place certain constraints on developers or redevelopers.

Thomas Hall, borough attorney, added that the ordinance would not be enforceable in its current form.

For example, the proposed ordinance reads: “Colors should be in accordance with selected historical colors from Federal Standard 595 or by selection of Benjamin Moore Historical Colors or equal.” Currently the law states “shall” rather than “should.”

“You can’t tell them [developers] what they need to do,” Hall said. “We’d have to create a historic district or an area in need of rehabilitation or redevelopment. Otherwise, we can’t enforce it.”

Zipprich questioned the borough’s policy on individual buildings bearing a historic designation, such as the Red Bank Train Station.

Ballard explained that since the train station is listed on the Historic Sites Inventory in the Historic Preservation Section of the New Jersey Office of Cultural and Environmental Services as well as the National Register of Historic Places, it must adhere to the use of pre-approved historical colors.

Zipprich was also concerned with issues regarding the borough’s unoccupied open space.

The proposed ordinance states that unoccupied open space for projects that require major site plan approval should be encouraged to include certain features. Currently the law requires those aspects.

If the ordinance passes as proposed, public art, such as sculptures, fountains, murals, landscaping and paintings, would be suggested to be included in the layout of the unoccupied space, instead of being required.

Additionally, if passed, public art no longer would be required to come from a list of preapproved artists provided by the Monmouth County Arts Council. It would only be encouraged to come from that list, and the applicant would be able to propose other alternatives to the board.

“Why does it say ‘encouraged to’ rather than ‘shall?’ ” questioned Zipprich. “What’s the point? Why would a development or redevelopment no longer have to comply?”

Borough Administrator Stanley Sickels said the point is to encourage desirable development in areas that possess unique cultural and historical character.

Another purpose of the ordinance is to further enhance, promote and expand the identity and environment of those areas to be modified or erected and sites that could be improved upon.

The ordinance also aims to revitalize and enhance the borough’s economic vitality and encourages creative development by providing visual amenities that reinforce a sense of center through improvements of unoccupied open space, which would allow residents, shoppers, commuters and employees to congregate in a visually appealing space through the use of public art.

Councilwoman Sharon Lee, who sits on the borough’s Planning Board, said there has been a great amount of discussion surrounding “shalls versus shoulds.”

“I was under the impression that we left [the Planning Board meeting] with ‘shalls’ and not ‘shoulds,’ ” Lee said.

Lee then recommended that the council table the ordinance until the Planning Board, the board’s attorney and Planning and Zoning Director Donna Smith Barr review the ordinance.

Sickels then responded that the ordinance came directly from the Planning Board.

Council President Arthur Murphy III was incredulous.

“Hold on. This is the final version from the Planning Board? They’ve already had two or three meetings on this then,” Murphy said.

According to Borough Clerk Pamela Borghi, Smith Barr approved of the proposed ordinance.

“We’re the final say,” stated Zipprich. “And I want to make sure that this is what the Planning Board and engineer want. They’ve put in a lot of effort.”

Zipprich added that he’d be attending the next Planning Board meeting.

“If we’re encouraging development in the downtown, we certainly need to do it correctly,” Zipprich stated.

Last September the council unanimously approved a zoning ordinance permitting higher-density development around the train station.

Following months of master plan review, council passed that ordinance despite the many people who voiced their concerns over the proposal to permit taller buildings and higher density in the train station overlay zone as an incentive for the Transit Village-style development of the area.