Editor's Note: Ordinance Nos. 307, 329, 390, 403 and 467,
previously codified herein, were superseded in entirety by Ordinance
No. 513.
[Ord. #513]
The short form by which this Chapter shall be known is "The
Revised Zoning Ordinance of the Borough of West Long Branch."
[Ord. #513]
The purpose of this Chapter is to adopt a comprehensive zoning
ordinance for the Borough of West Long Branch, pursuant to the authority
and to accomplish the purpose authorized by N.J.S.A. 40:55D-62 et
seq. and 40:55D-2.
[Ord. #513]
In their interpretation and application the provisions of this
Chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, morals, safety and the general welfare,
and shall be liberally construed. Whenever the requirements of this
Chapter are at variance with the requirements of any other law, fully
adopted rules, regulations or ordinances, the most restrictive, or
that imposing the higher standards shall govern.
[Ord. #513; Ord. #O-08-7, S IV; Ord. #O-09-10; Ord. #O-11-1,
S 5; Ord. #O-12-20, S 2]
The territory of the Borough of West Long Branch is hereby divided
into the following zones.
|
R-22
|
Low Density Residential
|
|
R-15
|
Moderate Density Residential
|
|
R-10
|
Medium-High Density Residential
|
|
SH
|
Senior Housing
|
|
SH-1
|
Residential - Overlay
|
|
MF
|
Multi-Family Housing
|
|
MF-1
|
Multi-Family Housing- 1
|
|
MF-2
|
Multi-Family Housing - 2
|
|
MF-3
|
Multi-Family Housing - 3
|
|
MF-4
|
Multi-Family Housing - 4
|
|
RP
|
Residential Professional
|
|
HC
|
Highway Commercial
|
|
NC
|
Neighborhood Commercial
|
|
OP
|
Office/Professional
|
|
I
|
Institutional
|
The zones established in Section 18-2.3 are depicted on a map entitled "Borough of West Long Branch Zoning Map dated February 16, 2011 and adopted by Ord. No. O-11-3 on March 16, 2011 which is attached hereto and made a part of this Chapter. The Zoning Map was further amended to include two overlay zones on October 1, 2012 by Ord. No. O-12-20 which are attached hereto and made a part of this Chapter.
Any existing Zoning Maps or Zone Ordinance Amendments describing
and/or delineating zoning districts which are inconsistent with the
Zoning Map as last amended herein are hereby repealed.
a.
Recent Zoning Map and Amendment History:
1.
Ordinance No. O-08-7 was repealed by Ord. No. O-09-10.
2.
Zoning Map amended by Ordinance No. O-09-10 adopted on October 7,
2009.
3.
Zoning Map amended by Ordinance No. O-11-3 adopted March 16, 2011.
4.
Zoning Map amended by Ord. No. O-12-20, adopted December 5, 2012,
by adding the MF-3 and MF-4 Overlay Zones.
5.
Zoning Map amended by Ord. No. O-2015-3, adopted February 4, 2015.
[Ord. No. O-2015-3 § 2]
b.
The Zoning Map, as adopted in this subsection, is amended as follows.
[Ord. #513; Ord. #O-08-07, S IV; Ord. #O-09-10 §§ 4,
9; Ord. #O-11-1, S 4; Ord. #O-11-3; Ord. No. O-12-20, S 2; Ord. No. O-2015-3 § 2]
|
MOST RECENT ZONING CHANGES
| ||||
|---|---|---|---|---|
|
BLOCK
|
LOT
|
ZONE CHANGE
|
GENERAL LOCATION
| |
|
6
|
14.01 to 14.22
|
R-10 to MF
|
Windsor / North Linden Ave (Existing)
| |
|
7
|
1 to 5, 9, 10
|
NC to MF
|
Windsor Avenue (Board of Adjustment Approval)
| |
|
7
|
7, 7.01, 8, 8.01
|
NC to RP
|
Victor Avenue
| |
|
8
|
1, 2, 9, 10, 11, 12
|
NC to RP
|
Windsor and Victor Avenues
| |
|
15
|
67
|
R-15 to SH
|
Forest Street (Peter Cooper Village)
| |
|
19
|
40, 41
|
NC to R-22
|
Wall Street
| |
|
23
|
1 to 4
|
NC to R-15
|
Wall Street
| |
|
23
|
21.01
|
NC to R-15
|
Wall Street
| |
|
23
|
22.01
|
NC to R-15
|
Wall Street
| |
|
23
|
24 to 26
|
NC to R-15
|
Wall Street
| |
|
28
[Ord. No. O-2015-3 § 2] |
88
|
R-15 to SH-1
|
West side of Norwood Avenue between Hollywood Avenue and Wall
Street
| |
|
60
|
63 to 68
|
R-22 to NC
|
N.J. Route 71/Monmouth Road
| |
|
60
|
75.01 to 75.29
|
R-22 to MF
|
N.J. Route 71/Monmouth Road (Existing)
| |
|
67
|
1, 2, 8.01, 7.01, 6.02, 3, 5, 3.01, 3.02
|
IC to HC
|
N.J. Route 36/Monmouth Road
| |
|
67
|
29.01, 29.02, 30 (portion — to include all of lot 30 in
OP zone)
|
RP to OP
|
Parker Road/N.J. Route 71
| |
|
67
|
31 to 34
|
IC to OP
|
N.J. Route 71
| |
|
68
|
1, 2, 4, 12.01
|
IC to HC
|
N.J. Route 36/Monmouth Road
| |
|
68
|
3, 5, 7
|
IC to HC with MF-2 Overlay
|
N.J. Route 36/Monmouth Road
| |
|
68
|
8.01, 9.01 to 9.17, 10, 11
|
IC to OP
|
Monmouth Road
| |
|
69
|
1. 3
|
IC to HC
|
N.J. Route 36/Monmouth Road
| |
|
69
|
2, 5, 7, 8, 17
|
IC to OP
|
N.J. Route 36
| |
|
69
|
4, 4.01 to 4.90
|
IC to MF
|
Monmouth Road (Turtle Mews)
| |
|
69
|
9 to 16
|
IC to NC
|
N.J. Route 36
| |
|
69
[Ord. No. O-12-20] |
3
|
HC to HC (MF-3 Overlay)
|
"Kmart" site; 136 Monmouth Road at Corner of Monmouth Road and
State Route 36
| |
|
70
|
11 (that portion of lot fronting on the west side of Franklin
Lake) & 14
|
I to R-15
|
Franklin Lake
| |
|
70
|
16
|
IC to I
|
N.J. Route 36/Monmouth Road
| |
|
70
|
16.01, 39, 41, 40.01
|
IC to HC
|
N.J. Route 36/Monmouth Road
| |
|
108
|
52 — 55
|
RP to R-10
|
North Locust Avenue and Broadway
| |
|
111
|
12 (easterly portion of lot to include all of lot 12 in RP Zone)
|
R-10 to RP
|
N.J. Route 36
| |
|
113
[Ord. No. O-12-20] |
15, 39, 39.01—39.30
|
RP to RP (MF-4 Overlay)
|
"Vantage Point" site; Route 36 and Broadway
| |
[1]
Note: The Zoning Map and overlay zones are included as attachments
to this Chapter.
[Ord. #513]
Where uncertainty exists as to any zone boundaries shown on
the Zoning Map, the following rules shall apply:
a.
Zone boundaries are intended to follow the center line of the streets,
railroad rights-of-way, streams and lot or property lines as they
exist on plats of record at the time of the passage of this ordinance,
unless such zone boundary lines are fixed by dimensions as shown on
the Zoning Map.
b.
Where such boundaries are not fixed by dimensions and where they
follow lot lines, such lot lines shall be construed to be such boundaries.
c.
Requests for interpretation of the zoning map shall be heard by the
Zoning Board of Adjustment under the provisions of N.J.S.A. 40:55D-70b.
[Ord. #O-08-7, S IV]
Whenever any street, alley or other public way is vacated by
official action of the Borough Council of West Long Branch, the zoning
district shall be automatically extended to the center of such vacated
public way, and all areas included in the vacated area in question
shall be subject to all appropriate regulations of the extended district.
[Ord. #513]
For the purposes of this Chapter, certain terms or words used
herein shall be interpreted or defined in the meaning herein indicated.
Words used in the present tense include the future tense. The singular
number indicates the plural. The word person includes a corporation
or partnership as well as an individual. The word lot includes the
word plot or parcel. The term shall is always mandatory. The word
used or occupied as applied to any land or building shall be construed
to include the words intended, arranged, or designed to be used or
occupied. Any word or term not defined herein or in the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. shall be used with a meaning
of standard usage for the context in which the word is used.
[Ord. #513; Ord. #O-00-3, S 4; Ord. #O-08-7, S II; Ord. #O-08-9,
S 2; Ord. #O-09-10; Ord. No. O-2015-4 § 2]
As used in this Chapter:
Shall mean a subordinate building or structure on the same
lot with the principal or main building, occupied or devoted exclusively
to an accessory use. No accessory building shall be used in whole
or in part for any dwelling or living purposes.
Shall mean a use naturally and normally incident and subordinate
to the main use of the premises or lot.
Shall mean the Borough Clerk.
Shall mean a sales price or rent within the means of a low
or moderate income household as defined in N.J.A.C. 5:94-7.
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
development.
Shall mean housing designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
where the head of the household is a minimum age of 55 years and meets
the provisions of the 42 U.S.C. §§ 3601 et seq.
Shall mean as applied to a building or structure, a change
or rearrangement in the structure, parts or in the existing facilities,
or an enlargement whether by extension of a side or by increasing
in height or by moving from one location or position to another.
Shall mean for the purposes of this Chapter with reference
to occupancy or use and to regulate the height and bulk of buildings,
the portion of a building in which the ceiling averages more than
four (4') feet above the finished grade where such grade meets the
outside walls of the building, and has a clear height of six and one-half
(6 1/2') feet or more. Such space shall be considered a story.
(See "Cellar")
Shall mean the aggregate of the areas of all enclosed and
roofed spaces of the principal building and all accessory buildings.
Such areas shall be computed using outside building dimensions measured
on a horizontal plane at ground level.
Shall mean the building area as a percent of the lot area.
Shall mean the vertical dimension measured from the average
elevation around the foundation of the finished grade measured to
the top of the building.
Shall mean a line formed by the intersection of a horizontal
plane at average grade level and a vertical plane that coincides with
the exterior surface of the building on any side. In case of a cantilevered
section of a building, the vertical plane will coincide with the most
projected surface. All yard requirements are measured to the building
line.
Shall mean a building in which is conducted the main or principal
use of the lot on which said building is situated.
Shall mean a continuous strip of trees and/or shrubs densely
planted so as to restrict a clear view beyond said strip.
Shall mean a strip of land which shall be provided when a
business, commercial or industrial use abuts a residential zone, or
where required in other zones by the approving authority.
Shall mean any space in which the ceiling or underside of
beams averages less than four (4') feet above the surrounding grade.
Shall mean a certificate issued by the Building Inspector
upon completion of construction or change in occupancy of a building.
The certificate shall acknowledge compliance with all requirements
of this ordinance, such adjustments thereto granted by the Board of
Adjustment, and/or the Planning Board, and/or all other applicable
requirements, including building permit.
Shall mean:
Any increase in the number of dwelling units.
A change from a residential use to any non-residential use.
Any change from one non-residential use to another non-residential
use, except that where there is a change in occupancy, or change of
ownership only, no change in use will have occurred.
Any change from a non-residential use to a non-residential use
of higher intensity.
Any change in use from any existing or permitted use to any
conditional use.
[Ord. No. O-2015-4 § 2]
Shall mean the officially established grade of the curb in
front of the midpoint of the lot.
Shall mean a building designed for three or more dwelling
units with individual entrances or entrances from a common hall.
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, common hallways passing through another
dwelling unit, or other indirect route(s) to get to any portion of
the dwelling unit, nor shall there be shared facilities with another
housekeeping unit.
Shall mean a detached building and dwelling unit designed
for or occupied exclusively by one or more persons living as a family.
Shall mean the erection, construction, alteration or maintenance
by public utilities, telephone or municipal or other governmental
agencies, underground gas, electric, steam, water or sewage transmission
or distribution systems, including buildings, poles wires, mains,
drains, sewers, pipes, conduits, cables, hydrants, and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by such public utilities or
municipal or other governmental agencies or for the public health
or safety or general welfare.
Shall mean that a site plan shall not be required prior to
issuance of a zoning permit. Exemption from site plan review does
not exempt the development from other approvals or permits, nor is
it an authorization for construction.
Exempt development includes the following:
Construction, additions, or alterations related to single-family
or two-family detached dwellings or their accessory structures on
individual lots that do not require variances.
An agricultural use not affording access to the public.
Any change in occupancy which is not a "change in use" (as herein
defined).
Individual applications for accessory mechanical or electrical
equipment, the operation and location of which conforms to the design
and performance standards of this Chapter, and the installation is
on a site occupied by an active principal use for which site plan
approval is not otherwise required.
Sign(s) where installation is on a site occupied by a principal
use for which site plan approval is not otherwise required, provided
such sign(s) conform to the applicable design and zoning district
regulations for signs of this Chapter.
[Ord. No. O-2015-4 § 2]
Shall mean a group of persons, living together as a single
bona fide housekeeping unit. This definition shall not include any
society, club, fraternity, sorority, association, lodge, organization,
or similar group. A single bona fide housekeeping unit, for purposes
of this ordinance, is a relationship between persons for maintaining
a common household or family relationship on a permanent basis or
for an indefinite period of time. It does not include any group of
persons, whether related or unrelated, whose use or occupancy of any
dwelling is or is intended to be temporary or seasonal in duration.
Shall mean an artificially constructed barrier of wood, masonry,
stone, wire, metal or any other manufactured material or combination
of materials erected for the enclosure of yard areas.
Shall mean establishments such as, but not limited to, banks,
trust companies, credit agencies, investment companies, brokers and
dealers in securities and commodities, security and commodity exchanges,
and insurance agents.
Shall mean a building used as an accessory to the main building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit is conducted.
Shall mean the sum of the gross horizontal areas of the floor
or floors of a building which are enclosed and usable for human occupancy.
Areas shall be measured between the inside face of exterior walls.
Areas shall not include areas below the average level of the adjoining
ground, garage space, or accessory building space.
Shall mean the sum of the gross horizontal areas of the floor
or floors of a building which are used for display of merchandise
to the general public and including any areas occupied by counters,
showcases, display racks, and any aisles, entranceways, arcades or
other public areas.
Shall mean a business or occupation conducted in a dwelling
unit or elsewhere on a residential property. A home business activity
which meets all of the following standards shall not be considered
to be a home occupation for the purposes of this Chapter:
There shall be no nonresidential employees.
There shall be no change in the exterior appearance of the dwelling
unit or residential property.
There shall be no commercial vehicles, as defined in Subsection
18-7.4a, 4, associated with the use.
There shall be no sign identifying the use.
There shall be no shipments of goods to or from the site, exclusive
of normal mail or package service deliveries.
Customers shall not visit the site.
Shall mean the office of a member of a recognized profession
when conducted on residential property. Such occupations shall be
limited to those of doctors, lawyers, architects, engineers, accountants
and other similar recognized professional persons.
Shall mean a building or group of buildings including customary
accessory buildings designed or intended for public worship. For the
purpose of this chapter, the term house of worship shall include churches,
chapels, congregations, cathedrals, synagogues, temples and similar
designations as well as parish houses, convents and such accessory
uses. Public worship consisting of non-family members shall not be
permitted within residential structures.
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
Impervious surfaces shall include all buildings and accessory buildings,
sidewalks, walkways, driveways, patios, swimming pools and other surfaces
that cover the surface of the lot including roofed areas and surfaces
covered with cement, asphalt, paver blocks and other surfaces that
are resistant to infiltration by water.
Shall mean a site plan which suitably shows the tree, shrub
and groundcover plantings and the general sizes, types and location
of these and any other landscaping materials to be used in addition
to the existing and/or proposed building outlines, and is more definitely
described under the site plan section of this ordinance.
Shall mean an area of land which is determined by the limits
of the lot lines bounding that area and expressed in terms of square
feet or acres. Any portion of a lot included in a street right-of-way
shall not be included in calculating lot area.
Shall mean a parcel of land at the junction of and fronting
on two or more intersecting streets.
Shall mean that percentage of the lot area which may be devoted
to building area plus impervious surface.
Shall mean a lot line or portion thereof which is coexistent
with a street line.
Shall mean a lot other than a corner lot.
Shall mean the distance between the side lot lines measured
parallel to the street line at the minimum building setback.
Means housing affordable according to Federal Department
of Housing and Urban Development or other recognized standards for
home ownership and rental costs and occupied or reserved for occupancy
by households with a gross household income equal to 50% or less of
the median gross household income for households of the same size
within the housing region in which the housing is located.
Shall mean the treatment or processing of raw products, and
the production of articles or finished products from raw or prepared
materials by giving them new forms or qualities.
Means housing affordable according to Federal Department
of Housing and Urban Development or other recognized standards for
home ownership and rental costs and occupied or reserved for occupancy
by households with a gross household income equal to more than 50%
but less than 80% of the median gross household income for households
of the same size within the housing region in which the housing is
located.
Shall mean an establishment providing transient accommodations
to the general public. Containing guest sleeping bedrooms used, rented
out, or hired out for sleeping purposes where ancillary facilities
including restaurants, cocktail lounges, guest services shops (for
newspapers, magazines, personal goods, souvenirs, sundries and similar
types of items customarily provided in a motel or hotel facility),
exercise rooms, swimming pools, computer rooms may be provided within
the building. In hotels or motels which provide suites or guest rooms
with two or more bedrooms, each bedroom shall be deemed to be a separate
guest sleeping bedroom for purposes of this Chapter.
Shall mean the specific purpose for which land or a building
is used, designed or maintained.
[Ord. No. O-2015-4 § 2]
Shall mean an off-street space available for the parking
of a motor vehicle exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
Shall mean any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereto to the
attention of others, but not including any flag, badge or insignia
of any public, quasi-public, civic, charitable or religious groups.
Shall mean the area defined by the frame or edge of a sign.
Where there is no geometric frame or edge of the sign, the area shall
be defined by a projected, enclosed, four sided (straight sides) geometric
shape which most closely outlines the said sign.
Shall mean any sign which shall be used to advertise and
identify the business conducted on the premises where the sign is
located.
Shall mean any covered areas with a clear headroom of six
and one-half (6 1/2') feet or more, whether finished or not.
A basement shall be considered a story and a cellar shall not.
Shall mean that portion of a building under a gable, hip
or gambrel roof, the wall plates of which on at least two opposite
exterior walls are not more than two (2') feet above the floor of
such half-story.
No half story of any residential building, as defined in
herein, shall be used as living space.
[Amended 9-21-2022 by Ord. No. O-22-17]
Shall mean that line determining the limit of the highway
rights of the public, either existing or contemplated. Where a definite
right-of-way has not been established, the street line shall be assumed
to be a point twenty-five (25') feet from the center line of the existing
pavement.
Shall mean and include outdoor private pools which are artificially
constructed to provide recreational facilities for swimming, bathing
or wading.
Shall mean the specific purpose or purposes for which a parcel
of land or a building or a portion of a building is designed, arranged,
intended, occupied or maintained. The term "permitted use" or its
equivalent shall not be deemed to include any non-conforming use.
[Ord. No. O-2015-4 § 2]
Shall mean an open, unoccupied space on the same lot with
the principal building, extending the full width of the lot and situated
between the street line and the building line, projected to the side
lines of that lot. Setback line should be synonymous with the rear
limit of the required front yard area.
Shall mean a yard extending across the full width of the
lot and lying between the rear line of the lot and the nearest building
line on the same lot. The depth of a rear yard shall be measured at
right angles to the rear line of the lot, or if the lot is not rectangular,
then in the general direction of its side building lines.
Shall mean an open unoccupied space between the side line
of the lot and the nearest building line and extending from the front
yard to the rear yard, or in the absence of either side yard, to the
street or rear lot lines, as the case may be. The width of a side
yard shall be measured at right angles to the sideline of the lot.
Shall mean the officially established Zoning Board of Adjustment
of the Borough of West Long Branch.
Shall mean the officially established Zoning Officer of the
Borough of West Long Branch.
[Ord. #513; Ord. #0-97-16, S 1; Ord. #O-00-3, S 5]
b.
Permitted Accessory Uses:
1.
Private garages for the storage of not more than three automobiles.
3.
Swimming pools in side or rear yards only, as defined in this Chapter.
4.
Other customary accessory uses and buildings provided that such uses
are incidental to the principal use and do not include any activity
commonly conducted as a business. Any such accessory use shall be
located on the same lot as the principal building.
[Ord. #513; Ord. #O-00-3, S 5; Ord. No. O-2015-4 § 3; amended 9-1-2021 by Ord. No. O-21-12]
a.
Permitted Uses:
1.
See Schedule of Permitted and Conditional Uses — For Non-Residential Zones, subsection 18-4.13.
[Ord. No. O-2015-4 § 3]
2.
One-family dwellings, in accordance with the residential zone requirements
in the residential zone immediately abutting the zone district in
which any subject property is situated.
[Amended 12-1-2021 by Ord. No. O-21-17]
c.
Other Uses Permitted Upon Application to the Planning Board for a Conditional Use Permit: See Schedule of Permitted and Conditional Uses — For Non-Residential Zones, subsection 18-4.13.
[Ord. No. O-2015-4 § 3]
[Ord. #513; Ord. #O-00-3, S 5; Ord. No. O-2015-4 § 4; amended 9-1-2021 by Ord. No. O-21-12]
b.
Permitted Accessory Uses:
1.
Other customary accessory uses and buildings provided that such uses
are incidental to the principal use.
2.
Swimming pools accessory to one-family dwellings and located in side
or rear yards only, as defined in this Chapter.
3.
Swimming pools accessory to primary and secondary schools and located
in side or rear yards only, as defined in this chapter. Such swimming
pools shall be placed no closer than one hundred (100') feet from
the nearest lot line of an existing single-family dwelling or to a
property zoned for a single-family dwelling.
[Ord. #513; Ord. #O-00-3, S 5; Ord. #O-01-12, SS 1, 2; Ord.
#O-09-10; Ord. No. O-2015-4 § 5]
NC Neighborhood Commercial Zone shall be subject to the following
regulations:
a.
Permitted Uses: See Schedule of Permitted and Conditional Uses — For Non-Residential Zones, subsection 18-4.13.
[Ord. No. O-2015-4 § 5]
b.
Permitted Accessory Uses:
1.
Signs in accordance with Subsection 18-7.16 of this Chapter.
2.
Garage space for the storage of commercial vehicles used in conjunction
with a permitted business.
3.
Swimming pools accessory to one-family dwellings and located in side
or rear yards only, as defined in this Chapter.
4.
Swimming pools accessory to primary and secondary schools and located
in side or rear yards only, as defined in this Chapter. Such swimming
pools shall be placed no closer than one hundred (100') feet to the
nearest lot line of an existing single-family dwelling or to a property
zoned for a single-family dwelling.
c.
Other Uses Permitted Upon Application to the Planning Board for a
Conditional Use Permit:
d.
Area, Yard, Building (Bulk) and Unit Requirements: As specified in Subsection 18-5.1 of this Chapter.
e.
Other Provisions and Requirements:
6.
Primary and secondary schools in NC Zones shall be subject to the
following additional provisions and requirements.
(b)
Permitted accessory uses shall be the same as permitted for schools in the Institution (I) Zone pursuant to subsection 18-4.3b except that the use of outdoor amplification is not permitted when any portion of the site is abutting or within one hundred (100') feet of a residential zone or use permitted in a residential zone. Swimming pools shall be a permitted accessory use, but shall be subject to the setback requirements of subsection 18-4.4b,4.
(c)
Pick up and drop off locations shall be provided on-site where
applicable.
(d)
Off-street parking shall be provided in accordance with the
following standards:
|
Elementary School:
|
One parking space per employee based on maximum number of employees
on site at any one time.
|
|
Secondary School:
|
One parking space per employee based on maximum number of employees
on site at any one time. Additional off-street parking shall be provided
on-site equal to one space per 10 students, based on maximum enrollment
in the junior and senior classes.
|
[Ord. #513; Ord. #O-00-3; Ord. #O-01-12; Ord. #O-09-10; Ord. No. O-2015-4 § 6]
Highway Commercial Zone shall be subject to following regulations:
a.
Permitted Uses. See Schedule of Permitted and Conditional Uses — For Non-Residential Zones, subsection 18-4.13.
[Ord. No. O-2015-4 § 6]
b.
Permitted Accessory Uses.
1.
Private garage space for the storage of vehicles used in conjunction
with a permitted use.
2.
Signs which relate to the activity being conducted on the premises and which are in accordance with subsection 18-7.1c of this Chapter.
3.
No more than one detached accessory building shall be permitted in
this zone. Detached buildings shall be a minimum of 2,500 square feet,
providing parking requirements for the entire use are not exceeded.
Said site plan for detached building must be submitted and approved
by the Planning Board prior to a building permit being issued.
c.
Other Uses Permitted Upon Application to the Planning Board for a Conditional Use Permit. See Schedule of Permitted and Conditional Uses — For Non-Residential Zones, subsection 18-4.13.
[Ord. No. O-2015-4 § 6]
d.
Area, Yard, Building (Bulk) and Unit Requirements. As specified in subsection 18-5.1 of this Chapter, excepting that where any Highway Commercial Zone abuts a Residential Zone, the setbacks for rear and side yards shall be seventy-five (75') feet
e.
Other Provisions and Requirements.
6.
Ingress and egress to each use shall be subject to the following
standards and conditions.
(a)
Points of ingress and egress shall be provided for each automobile-oriented
use.
(b)
Ingress and egress driveways shall be not less than the minimum
required by State or County regulations. These driveways shall be
not less than twenty (20') feet or more than thirty (30') feet in
width.
(c)
If points of ingress and egress are separated, a suitable planting
(landscape) strip not less than five (5') feet in width shall be provided
from the curbline to the paved surface area.
[Ord. No. O-08-7, S VII]
MF-1 Residential Zone shall be subject to the following regulations:
a.
Permitted Uses.
1.
Multi-family dwellings in accordance with a Settlement Agreement in the matter of WLBVP, LLC, vs. Borough of West Long Branch and Planning Board of West Long Branch, Superior Court of New Jersey Law Division, Monmouth County, Docket No. MON-L-551-06, consisting of 180 housing units of which 27 housing units shall be low- and moderate-income housing units in accordance with subsection 18-4.9, Affordable Housing Inclusionary Development Regulations.
2.
One family dwellings in accordance with the R- 22 Residential Zoning
District.
b.
Permitted Accessory Uses.
1.
Private garages for the storage of automobiles.
3.
Swimming pools in side or rear yards only, as defined in this Chapter.
4.
Clubhouse and maintenance buildings in a multi-family housing development
for use by residents of the development and their guests.
5.
Recreation facilities including swimming pools, tot-lots, picnic
areas, shuffle board courts and other facilities in multi-family residential
developments for the use of residents and their guests.
c.
Area, Yard, Building (Bulk) and Unit Requirements. As specified in Subsection 18-5.1 of this Chapter
d.
Other Provisions and Requirements.
6.
A club house or community room of not less than 10 square feet per
dwelling unit.
7.
Recreation facilities shall be provided such as a swimming pool,
picnic facilities, tennis, shuffle board, bocce ball, etc. Recreation
facilities shall total not be less than 50 square feet per dwelling
unit.
8.
The maximum number of three bedroom market housing units shall not
exceed 15% of the total number of market housing units.
9.
The number of bedrooms for affordable housing units shall be distributed
in accordance with the Settlement Agreement.
[Ord. #O-08-7, S VIII; Ord. #O-11-1, S 6; Ord. #O-12-20,
S 6]
MF-2 Residential Overlay Zone shall be subject to the following
regulations:
a.
Permitted Uses.
1.
Multi-family dwellings including an inclusionary component of low- and moderate-income housing units in accordance with Subsection 18-4.9, Affordable Housing Inclusionary Development Regulations.
2.
Uses permitted in accordance with the H/C Highway/Commercial Zone.
[See Ord. No. O-11-1 repealing
the I/C Zone]
b.
Permitted Accessory Uses.
1.
Private garages for the storage of automobiles.
3.
Swimming pools, as defined in this Chapter.
4.
Clubhouse and maintenance buildings in a multi-family housing development
for use by residents of the development and their guests.
5.
Recreation facilities including swimming pools, tot-lots, picnic
areas, shuffle board courts and other facilities in multi-family residential
developments for the use of residents and their guests.
c.
Area, Yard, Building (Bulk) and Unit Requirements. As specified in Subsection 18-5.1 of this Chapter
d.
Other Provisions and Requirements.
6.
A club house or community room of not less than 10 square feet per
dwelling unit.
7.
Recreation facilities shall be provided such as a swimming pool,
picnic facilities, tennis, shuffle board, bocce ball, etc. Recreation
facilities shall total not be less than 50 square feet per dwelling
unit.
8.
The maximum number of three bedroom market housing units shall not
exceed 15% of the total number of market housing units.
9.
The number of bedrooms for affordable housing units shall be distributed
in accordance with New Jersey Council on Affordable Housing Rules
in N.J.A.C. 5:80-26.3, Affordability Average; Bedroom Distribution.
10.
A twenty-five (25') foot planted buffer shall be provided along side
and rear yards.
11.
Residential structures along front, side and rear yards areas shall
not exceed two stories.
[Ord. #O-11-1, S 3]
SH Senior Housing Overlay Residential Zone shall be subject
to the following regulations:
a.
Permitted Uses.
1.
Age restricted housing designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
where the head of the household is a minimum age of 55 years and meets
the provisions of the 42 U.S.C. Section 3601, et seq. and consisting
of:
[Ord. #O-08-7, S IX]
SH-1 Senior Housing Residential Overlay Zone shall be subject
to the following regulations:
a.
Permitted Uses.
b.
Permitted Accessory Uses.
1.
Private garages for the storage of automobiles.
3.
Swimming pools, as defined in this chapter.
4.
Clubhouse and maintenance buildings in a multi-family housing development
for use by residents of the development and their guests.
5.
Recreation facilities including a swimming pool, picnic areas, shuffle
board courts and other facilities in multi-family residential developments
for the use of residents and their guests.
c.
Area, Yard, Building (Bulk) and Unit Requirements. As specified in Subsection 18-5.1 of this Chapter
d.
Other Provisions and Requirements.
6.
A club house or community room of not less than 10 square feet per
dwelling unit.
7.
Recreation facilities shall be provided such as a swimming pool,
picnic facilities, tennis, shuffle board, bocce ball, etc. Recreation
facilities shall total not be less than 50 square feet per dwelling
unit.
8.
The number of bedrooms for affordable housing units shall be distributed
in accordance with New Jersey Council on Affordable Housing Rules
for age-restricted housing (N.J.A.C. 5:80-26.3).
[Ord. #O-08-7, S X]
a.
Development within inclusionary developments shall conform with the
following restrictions:
1.
The development shall provide one affordable housing unit for every
five market rate for sale units (i.e. 20%) and/or one affordable housing
unit for every 6.67 rental units (i.e. 15%) of the total development.
A minimum of 1/2 of the affordable housing units shall be low income
housing units. Where two or more affordable units are to be provided
not less than 50% of the affordable units constructed shall be affordable
to low income households.
2.
Deed Restrictions. Affordable "for sale" housing units shall be permanently
deed restricted and rental units shall be deed restricted for a minimum
of 30 years in accordance with the requirements of N.J.A.C. 5:94 and
N.J.A.C. 5:95.
The deed restrictions shall conform with the requirements and
format of restrictions established by the New Jersey Council on Affordable
Housing. Developers of housing units for low and moderate income households
shall enter into a written agreement, binding on all successors-in-interest,
in accordance with N.J.A.C. 5:94 et seq., at the time of sale, resale,
rental or re-rental regardless of the availability of Federal, State,
County or Borough subsidy programs. Affordability controls shall run
with the land and shall place limitations upon the resale/rerental
of affordable units in accordance with N.J.A.C. 5:94 and by means
of any deed restrictions and/or lien documents promulgated by the
Council on Affordable Housing.
3.
Location and Design. Low and moderate income inclusionary housing
shall be designed in accordance with the following provisions:
(a)
The low and moderate income housing units shall be sited on
the tract in locations at least as accessible to common open space
and community facilities as market-priced dwelling units. Rental units
may be concentrated for ownership and management unit reasons.
(b)
The exterior design of the low and moderate income housing units
shall be harmonious in scale, texture, and materials with the market-priced
units on the tract.
(c)
Low and moderate income units shall utilize the same heating
source as market units within inclusionary developments.
4.
Certificates of Occupancy. Certificates of Occupancy for developments
which include affordable housing units shall be subject to the following
additional provisions.
(a)
Phasing of affordable units. Affordable housing units shall
be built, occupied and receive Certificates of Occupancy in accordance
with the following schedule.
|
Percentage of Low and Moderate Income Units Completed
|
Percentage of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
|
100
|
(b)
No initial occupancy of a low or moderate income housing sales
unit shall be permitted prior to issuance of a Certificate of Occupancy
and no Certificate of Occupancy for initial occupancy of a low or
moderate income housing sales unit shall issue unless there is a written
determination by the Authority that the unit is to be controlled by
a deed restriction and mortgage lien as adopted by COAH.
(c)
A Certificate of Reoccupancy for any occupancy of a low or moderate
income housing sales unit resulting from a resale shall be required,
and the Borough shall not issue such certificate unless there is a
written determination by the Authority that the unit is to be controlled
by the deed restriction and mortgage lien required by the COAH.
(d)
An Affordable Housing Agreement between the owner of the property
and the Borough of West Long Branch shall be required for all rental
units in accordance with N.J.A.C. 5:93-9.1 et seq. and N.J.A.C. 5:80-26.1
et seq.
(e)
The Certificate of Reoccupancy shall not be required where there
is a written determination by the Authority that controls are allowed
to expire or in that the repayment option is being exercised pursuant
to N.J.A.C. 5:93-9.4.
[Ord. #O-09-10; Ord. No. O-2015-4 § 7]
Office Professional Zone shall be subject to the following regulations:
a.
Permitted Uses. See Schedule of Permitted and Conditional Uses — For Non-Residential Zones, subsection 18-4.13.
[Ord. No. O-2015-4 § 7]
b.
Permitted Accessory Uses.
1.
Private garage space for the storage of vehicles used in conjunction
with a permitted use.
2.
Signs which relate to the activity being conducted on the premises and which are in accordance with subsection 18-7.1c of this Chapter.
3.
No more than one detached accessory building shall be permitted in
this zone. Detached building shall be a minimum of 2,500 square feet,
providing that parking requirements for the entire use are not exceeded
said site plan for detached building must be submitted and approved
by the Planning Board prior to a building permit being issued.
c.
Other Uses Permitted Upon Application to the Planning Board for a Conditional Use Permit. See Schedule of Permitted and Conditional Uses — For Non-Residential Zones, subsection 18-4.13.
[Ord. No. O-2015-4 § 7]
e.
Other Provisions and Requirements.
6.
Ingress and egress to each use shall be subject to the following
standards and conditions.
(a)
Points of ingress and egress shall be provided for each automobile-oriented
use.
(b)
Ingress and egress driveways shall be not less than the minimum
required by State or County regulations. These driveways shall be
not less than twenty (20') feet or more than thirty (30') feet in
width.
(c)
If points of ingress and egress are separated, a suitable planting
(landscape) strip not less than five (5') feet in width shall be provided
from the curb line to the paved surface area.
[Ord. #O-12-20, S 3]
MF-3 Multi-Family-3 Residential Overlay Zone shall be subject
to the following regulations:
b.
Permitted Accessory Uses.
1.
Private garages for the storage of automobiles.
3.
Swimming pools, as defined in this Chapter.
4.
Clubhouse and maintenance buildings in a multi-family housing development
for use by residents of the development and their guests.
5.
Recreation facilities including swimming pools, tot-lots, picnic
areas, shuffle board courts and other facilities in multi-family residential
developments for the use of residents and their guests.
c.
Area, Yard, Building (Bulk) and Unit Requirements. As specified in subsection 18-5.1 of this Chapter.
d.
Other Provisions and Requirements.
5.
As specified in Section 18-13, General Provisions, of this Chapter. A club house or community room of not less than 10 square feet per dwelling unit.
6.
Recreation facilities shall be provided such as a swimming pool,
picnic facilities, tennis, shuffle board, bocce ball, etc. Recreation
facilities shall total not less than 50 square feet per dwelling unit.
7.
The number of bedrooms for affordable housing units shall be distributed
in accordance with New Jersey Council on Affordable Housing Rules
in N.J.A.C. 5:80-26.3, Affordability Average; Bedroom Distribution.
8.
A twenty-five (25') foot planted buffer zone shall be provided along
side and rear yards.
9.
Residential structures along front, side and rear yards areas shall
not exceed two stories.
[Ord. No. O-12-20, S 4]
MF-4 Multi-Family-4 Residential Overlay Zone shall be subject
to the following regulations:
b.
Permitted Accessory Uses.
1.
Private garages for the storage of automobiles.
3.
Swimming pools, as defined in this Chapter.
4.
Clubhouse and maintenance buildings in a multi-family housing development
for use by residents of the development and their guests.
5.
Recreation facilities including swimming pools, tot-lots, picnic
areas, shuffle board courts and other facilities in multi-family residential
developments for the use of residents and their guests.
c.
Area, Yard, Building (Bulk) and Unit Requirements. As specified in Subsection 18-5.1 of this Chapter
d.
Other Provisions and Requirements.
5.
As specified in Section 18-13, General Provisions, of this Chapter. A club house or community room of not less than 10 square feet per dwelling unit.
6.
Recreation facilities shall be provided such as a swimming pool,
picnic facilities, tennis, shuffle board, bocce ball, etc. Recreation
facilities shall total not less than 50 square feet per dwelling unit.
7.
The number of bedrooms for affordable housing units shall be distributed
in accordance with New Jersey Council on Affordable Housing Rules
in N.J.A.C. 5:80-26.3, Affordability Average; Bedroom Distribution.
8.
A twenty five (25') foot planted buffer zone shall be provided along
side and rear yards.
9.
Residential structures along front, side and rear yards areas shall
not exceed two stories.
[Ord. No. O-2015-4 § 11; Ord. No. O-2016-2]
The Schedule of Permitted and Conditional Uses - For Non-Residential
Zones, is hereby attached and made a part of this Chapter.
[1]
The Schedule of Permitted and Conditional Uses for Nonresidential Zones referred to herein is included as an attachment to this chapter.
[Ord. #513; Ord. #O-8-07, S XV; Ord. #O-08-9, S 3; Ord. #O-09-10;
Ord. #O-12-20, S 7]
Schedule of Area, Yard, Building (Bulk) and Unit Requirements
is attached hereto and applies to the uses of land, buildings and
open spaces, minimum sizes of lots, lot areas, and all other matters
therein contained as indicated for the various zones established by
this Chapter, in addition to the minimum and maximum regulations set
forth therein and is hereby declared a part of this Chapter.
Schedule of Area, Yard, Building (Bulk) and Unit Requirements is included as an attachment to this chapter.
[Ord. #O-00-3, S 2]
No swimming pool shall be constructed or installed in any front
yard as the term "front yard" is defined in the Zoning Ordinance.
Corner lots shall be deemed to have two front yards for the purpose
of swimming pool location determination. In no event shall any swimming
pool be constructed or installed nearer than ten (10') feet to any
property line of the property on which the pool is to be located,
with such dimension to be measured from the property line to the inside
wall of the swimming pool.
[Ord. #513]
Any restrictions or requirements with respect to buildings or
land, or both, which appear in other Chapters of the Borough of West
Long Branch, which are established by law and which are greater than
those set forth herein shall take precedence over those herein. Otherwise,
the provisions of this Chapter shall apply.
[Ord. #513]
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as "Permitted Uses" in each zone by this Chapter and meeting the requirements set forth in the attached Schedule (Subsection 18-5.1). Furthermore, no open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking and loading requirements, and all other requirements and regulations designated either in this Chapter or Schedule for the zone in which such building or space is located. In the event of any unlawful encroachment or reduction such building or use shall be deemed to be in violation of this Chapter and the Certificate of Occupancy shall become void.
[Ord. #513; Ord. #0-97-16, S 3; Ord. #O-04-06; Ord. #O-08-7,
S VI; Ord. #O-11-13]
a.
Undersized Lots of Record. Any parcel of land with an area or width
less than that prescribed for the zone in which the lot is located,
which parcel was under one ownership at the date of the adoption of
this Chapter and the owner thereof owns no adjoining land, may be
used as a lot for any purpose permitted in the zone, provided that
the minimum area and lot width requirements for such lot shall be
75% of the requirements of the zoning district, and provided that
all other regulations prescribed for the zone in this Chapter are
complied with.
b.
Height. The height limitations of this Chapter shall not apply to
church spires, belfries, cupolas, and domes not used for human occupancy,
nor to chimneys, ventilators, skylights, water tanks, similar features,
and necessary mechanical appurtenances usually carried above the roof
level. Such features, however, shall be erected only to such height
as is necessary to accomplish the purpose they are to serve. The provisions
of this Chapter shall not apply to prevent the erection above the
building height limit of a parapet wall or cornice for ornament (and
without windows) extending above such height limit not more than five
(5') feet.
c.
Lots and Yards.
1.
No yard or other open space provided about any buildings for the
purpose of complying with the provisions of this Chapter shall be
considered as providing a yard or open space for any other building
and no yard or other open space on another lot shall be considered
as providing a yard or open space for a building on any other lot.
2.
Where a building lot has frontage upon a street which on the Official
Map or Master Plan of the Borough of West Long Branch is contemplated
for right-of-way widening, the required front yard area shall be measured
from such proposed future right-of-way line.
3.
Open fire escapes may project not more than five (5') 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 such terrace is
unroofed and without walls, parapets or other forms of enclosure.
4.
In the case of irregularly shaped lots, the minimum lot width specified in the Schedule may be measured at the minimum front yard setback line, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 75% of the minimum lot frontage as specified in the Schedule, Subsection 18-5.1 of this Chapter.
5.
For the purpose of regulating the location 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 within
any required front yard.
6.
All yards facing upon a public street shall be considered front yards
and shall conform to the minimum front yard requirements for the zone
in which located.
7.
No front yard shall be used for open storage of boats, vehicles,
or any other equipment except vehicular parking on driveways. All
permitted open storage areas shall be properly landscaped.
d.
Reserved.
e.
Principal Buildings and Uses.
1.
Every principal building shall be built upon a lot with a frontage
upon a public street improved to the Borough's requirements, or for
which such improvements shall have been insured by the posting of
a performance guarantee pursuant to the Land Subdivision Chapter of
the Borough of West Long Branch, unless relief is granted under the
provisions of N.J.S.A. 40:55D-36 of the Laws of the State of New Jersey.
2.
Each lot shall be permitted to contain only one principal structure
as permitted by this Chapter, ordinance, or as set forth in certain
zones herein.
3.
Business and commercial structures and uses shall not display goods
for sale outside of the lot lines in which such activity is conducted.
f.
Accessory Buildings and Structures.
1.
An accessory building attached to a principal building shall comply
in all respects with the yard requirements of this Chapter for the
principal building.
2.
Detached accessory buildings and accessory structures shall be located
in the side or rear yards only. Detached accessory buildings shall
be set back from the side or rear lot line at least a distance equal
to the height of such building. Sheds, however, shall be subject to
different requirements, as set forth below:
(a)
As long as the shed is 100 square feet or less in size, and
the shed is no more than eight (8') feet in height at its peak, the
shed may not be located any closer than two (2') feet from either
(rear or side) property line.
(b)
If the shed is in excess of eight (8') feet in height at its
peak, the shed must be set back from the side and rear line at least
a distance equal to half of the height of the shed.
(c)
If the closest point of the shed to the rear property line is
in excess of fifteen (15') feet, the shed must be located at least
fifteen (15') feet from each side property line.
3.
In all residential zones, accessory buildings and structures combined
shall occupy no more than the equivalent of 25% of the area of the
rear yard, and there shall be no more than two accessory buildings
permitted, exclusive of a garage.
4.
Radio antennas, not including satellite dish antennas, shall be permitted
as free-standing structures or attached to the roof. They shall not
exceed a height of sixty (60') feet as measured from natural ground
elevation.
g.
Preservation of Natural Features.
1.
No person, firm or corporation shall strip, excavate or otherwise
remove top soil for sale or other use other than on the premises from
which taken, except in connection with the construction or alteration
of a building on such premises and excavating or grading incidental
thereto, or except as hereinafter specified and as further provided
for in existing ordinances.
2.
Existing natural features such as trees, brooks, drainage channels,
and views shall be retained. Whenever such features interfere with
the proposed use of such property, a retention of the maximum amount
of such features consistent with the use of the property shall be
required.
[Ord. #513]
a.
Uniformity Prohibited. In any residence district, no dwelling house
shall be erected if it is substantially like any neighboring building,
as hereinafter defined, then in existence or for which a building
permit has been issued, in one or more of the following three respects:
1.
Height of the main roof ridge above the top of the plate.
2.
Length of the main roof ridge.
3.
In the front elevation, relative location with respect to each other
of garage (if attached), porch (if any), and entrance; provided, however,
that when such neighboring building has been in existence for more
than three years (computed from such date of its building permit)
no dwelling house shall be erected if it is substantially like such
neighboring building in two or more of the three respective above
mentioned.
b.
In relation to the premises upon which it is proposed to build, or
for which a building permit is sought, a neighboring building is defined
as one fronting on the same side of the street and on the first or
second lot as laid out on the West Long Branch Tax Map next along
said street in either direction, from said premises, without regard
to intervening streets.
[Ord. #513; Ord. #O-09-10]
a.
Business structures or uses shall not display goods for sale purposes
or coin operated vending machines of any type beyond three (3') feet
of the structure in which such business activity is carried on.
b.
In any zone all required yards, open spaces, off-street parking and
landscaping must be contained within that zone.
c.
At the intersection of two or more streets, no hedge, fence or wall
which is higher than thirty (30") inches above curb level, nor any
obstruction to vision, shall be permitted in the triangular area formed
by the intersecting street lines and a line joining each thirty (30')
feet distant from the intersection along said street lines.
d.
A buffer zone at least twenty-five (25') feet in width shall be provided along rear and side property lines and shall include a screen fence or hedge at least six (6') feet in height and shall be properly maintained at all times in a business, commercial, industrial, professional or multi-family residential zone. Whereas a business, commercial, industrial, professional or multi-family zone abuts a single-family residential zone, the minimum width of the buffer zone shall be in accordance with Subsection 18-5.1, Schedule of Area, Yard, Building (Bulk) and Unit Requirements). Detailed plans for the size and nature of the buffer shall be set forth on the site plan submitted pursuant to this Chapter and shall be subject to approval of the Planning Board or Zoning Board which may for special reasons increase the minimum requirements set forth herein.
e.
Prohibited Uses.
1.
Any use not specifically permitted in a zoning district established
by the Zoning Chapter is hereby expressly prohibited from that district.
(a)
It is the policy of the Borough that the following uses are
specifically prohibited in all zoning districts:
(1)
Adult book stores and adult entertainment facilities.
(2)
Tattoo parlors.
(3)
Crematoriums.
(4)
Marijuana-related facilities or properties where marijuana is grown,
processed or produced. All classes of cannabis establishments or cannabis
distributors or cannabis delivery services as said terms are defined
in Section 3 of P. L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 6-6-2018 by Ord. No. O-18-7; amended 4-7-2021 by Ord. No. O-21-5]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
[Ord. #513; Ord. #O-08-7, S XIV; Ord. #O-09-10; Ord. No. O-2015-4 § 8]
a.
Intent of Conditional Use Permits. Whereas certain uses, activities
and structures and building are considered necessary to serve the
needs and convenience of the community, and at the same time, recognizing
that such uses may be or become inimical to the public health, safety
and general welfare, if located and operated without proper consideration
being given to the existing conditions and character of the community
and surrounding neighborhood, such uses and activities may be permitted
in certain specified areas, under the terms of this section of the
Zoning Chapter of the Borough of West Long Branch.
b.
Issuance of Conditional Use Permits.
1.
Any person seeking a Conditional Use Permit for any use of the type
included in this section of this Chapter shall first make application,
in the form described by paragraph c of this subsection, to the Planning
Board through the Administrative Officer for a Conditional Use Permit.
Also such applications shall be filed with the Borough Clerk no later
than 14 days prior to the date of a regular meeting of the Board.
No application for a Conditional Use shall be deemed complete until
all fees are paid and all documents required for site plan review
have been filed with the Borough Clerk.
2.
The supporting documents shall be forwarded to the Planning Board
of the Borough of West Long Branch for review of the site plan for
an evaluation of the proposed Conditional Use and its relationship
and conformity to the goals, objectives and policies established by
the Planning Board and set forth in the site plan section of this
Chapter. The review by the Board of an application for a Conditional
Use shall include review of a site plan application submitted pursuant
to the requirements of the site plan section of this Chapter and all
applications for approval of a Conditional Use shall be granted or
denied after a public hearing by the Planning Board.
3.
The Board shall hold a public hearing on the application for Conditional
Use, together with the required hearing on the site plan application
at its first regular business meeting following the submission of
the complete application by at least 14 days. Notice of the hearing
shall be given pursuant to the provisions of the West Long Branch
site plan section of this Chapter.
4.
The Planning Board shall grant or deny an application for a Conditional
Use within 95 days of submission of the complete application by the
applicant or within such further time as may be consented to by the
applicant.
5.
All applications for a Conditional Use must comply with the following
minimum standards for approval:
(a)
Such use shall be in harmony with the general intent and purposes
of the zoning ordinance.
(b)
Such use shall not affect adversely the character of the district,
its property values, or the health, safety, and welfare of the residents
or workers in the general neighborhood.
(c)
Such use shall be so organized and arranged that vehicular and
pedestrian traffic to and from the site of such use will not create
undue congestion or other hazards prejudicial to the character of
the general neighborhood.
6.
The plans and information accompanying an application for a Conditional
Use Permit shall also include the following:
(a)
The location, use, design, specifications, floor plans, dimensions
and height of such proposed building or structure.
(b)
Existing property lines, streets and buildings within (500')
feet of the property.
(c)
The location and arrangement of vehicular accessways and the
location, size and capacity of all areas to be used for off-street
parking, loading and unloading.
(d)
The location and dimensions of sidewalks, walkways and all other
areas devoted to pedestrian use.
(e)
The design and treatment of buffer areas and screening devices
to be maintained, including all dimensions of all areas devoted to
planting, lawns, trees or other landscaping devices.
(f)
Provisions for water supply, storm drainage and sewage disposal.
(g)
Sufficient data to indicate the effects of the proposed use
in producing traffic congestion and safety hazards, and sufficient
additional data to enable the Planning Board to determine compliance
with the design requirements set forth in this and other pertinent
sections of this Chapter.
(h)
All other details as established under the site plan section
of this Chapter.
c.
Permitted Conditional Uses. The following conditional uses, contained
in paragraphs d through f may be permitted in the specified zones
of the Borough of West Long Branch, subject to the terms and conditions
specified herein or specified elsewhere in this section of the Chapter
or in the site plan section of this Chapter.
d.
Public Utilities. Public utilities, such as high voltage transmission
lines and towers, sub-stations, and telephone exchanges, may be permitted
in certain zones in the Borough provided that:
1.
Proof is furnished to the Planning Board that the proposed installation
in a specific location is necessary for the convenient and efficient
operation of the public utility system or a satisfactory and convenient
provision of the service by the utility to the neighborhood or area
in which the particular use is to be located.
2.
The design of any building in connection with such facility conforms
to the general character of the area in which it is proposed and will
not affect enjoyment of property rights of the zone in which it is
located. Adequate and attractive fencing and other safety devices
will be provided in conjunction with such use and sufficient landscaping,
including trees, shrubs, lawns and other screening.
3.
Buildings, facilities, fences and other safety devices, and landscaping
will be periodically maintained.
4.
Installation of all new public utility distribution supply lines
and service connections shall be underground, except for lots located
on an improved street where existing electric and/or telephone lines
are presently serving said street.
e.
Home Professional Occupations. Home professional occupations, as
defined in this Chapter may be permitted in all residential zones,
provided that:
1.
A home professional occupation shall be carried on entirely within
the principal building and shall not, under any circumstances, exceed
25% of the total gross habitable floor area of the principal building.
2.
No such home professional occupation shall require exterior alteration
of the principal building.
3.
No home professional occupation shall permit the employment of more
than one employee who is not a permanent resident of the principal
structure.
4.
No such home professional occupation shall permit any advertising
display other than a small professional name plate sign. Such sign
shall not exceed two square feet in area on any one side and such
sign shall not be illuminated.
f.
Eating and Drinking Establishments. Eating and drinking establishments
may be permitted in all Neighborhood Commercial Zones, provided that:
1.
No such establishment shall be located within one thousand (1000')
feet of any existing or proposed similar establishment, use, liquor
license, or within one thousand (1,000') feet of any church or school.
2.
The design of any building in connection with such establishment
conforms to the general character of the area in which it is proposed
and will not affect enjoyment of property rights of the zone in which
it is located. Adequate and attractive fencing and other safety devices
will be provided in conjunction with such use and sufficient landscaping
including trees, shrubs, lawns and other screening will be provided
at the request of the Planning Board. Sufficient buffers as set forth
and required by the Planning Board must be complied with.
3.
Use shall in no way disturb any neighboring commercial or residential
property owners.
g.
Houses of Worship. Houses of worship shall be permitted as conditional
uses in the R-22 and R-15 Residential Zones based on the following
minimum conditions: Minimum lot area of three (3.0) acres, maximum
impervious lot coverage of 60%, maximum building coverage of 20%,
minimum buffer of twenty-five (25') feet, minimum front yard set-back
of seventy-five (75') feet, minimum lot width of two hundred (200')
feet, minimum side yard of fifty (50') feet, and a minimum rear yard
of seventy-five (75') feet.
h.
Educational Services (NAICS Code 61). Those educational services as listed in the Schedule of Permitted and Conditional Uses for Non-Residential Zones shall be permitted as conditional uses in the OP and NC Zone based upon the parking requirements in subsection 18-7.4 Off-Street Parking, Loading and Unloading Regulations.
[Ord. No. O-2015-4 § 8]
[Ord. #O-12-20, S 5]
a.
Applicability. This subsection of the West Long Branch Zoning Regulations
sets forth mechanisms by which developers shall provide for a fair
share of affordable housing based on growth that is associated with
development taking place within West Long Branch in zones other than
those zones which provide for mandatory or overlay inclusionary affordable
housing development.
b.
Inclusionary Affordable Housing Provisions. Residential development
in non-inclusionary and non-overlay zones which results in the construction
of five or more new market-rate dwelling units at a density of six
or more dwelling units per acre shall be required to provide an affordable
housing inclusionary component consisting of the following:
1.
Developments that are for-sale developments shall provide 20% of
the total number of dwelling units as affordable housing unit; and
2.
Developments that are rental developments shall provide 15% of the
total number of dwelling units as affordable housing units.
3.
Developers may round down to the next lowest whole number when calculating
the inclusionary affordable housing obligation.
4.
Affordable housing units shall be constructed, administered and occupied
in accordance with the Borough Affordable Housing Regulations (Chapter
XXXVI) and Affordable Housing Manual.
c.
Exemptions. Residential developments that received preliminary or final approval from the Planning Board and/or Board of Adjustment, as applicable, prior to the effective date of this subsection are hereby exempt from the inclusionary housing requirements of this subsection. (Subsection 18-6.7 was adopted December 5, 2012.)
[Added 10-12-2022 by Ord. No. O-22-23]
a.
Pool Cabana Conditions.
1.
Pool cabana, or pool house, structures shall be deemed accessory
uses in all residential zones. Such structures shall be no more than
one-story in height, be at ground level, and either be a detached
accessory structure or attached to another accessory structure, enclosed,
and containing a roof, all to serve a lawfully existing and approved
inground swimming pool on a residential property.
c.
Use of Cabana.
1.
The pool cabana shall be used only for recreational use, or storage
purposes associated with the principal residential use of the property.
d.
Cabana Limitations.
1.
The pool cabana must be seasonal (i.e., closed for at least 90 consecutive
service days). It shall not be permitted to have heating equipment,
air conditioning, or contain a full-service kitchen. It shall not
contain a bedroom or similar living quarters. A toilet, sink, and
exterior only shower are permitted. No cabana or pool house shall
have a generator, fireplace, air conditioning condenser, basement,
or wine cellar.
e.
Size of Pool Cabana.
1.
Any pool cabana shall comply with the following maximum dimensions:
|
Lot Size
(Square Feet)
|
Maximum Pool Cabana Area Size
(Square Feet)
|
|---|---|
|
6,500 to 22,000
|
150
|
|
22,001 to 43,000
|
200
|
|
43,001 and greater
|
300
|
2.
The maximum pool cabana area size shall be computed by the footprint
of the space under a fixed roof. Accordingly, the footprint area under
such fixed roofs counts towards the maximum pool cabana area size.
3.
The calculations above do not apply to awnings which are not constructed
as fixed roofs.
f.
Setbacks and Coverage.
1.
Pool cabanas shall conform to the accessory structure setback and
coverage requirements as set forth in the zoning district.
g.
Deed Restriction.
1.
A deed restriction containing the following language is to be filed
with the Monmouth County Clerk's Office for the property containing
the accessory pool cabana and stating at least the following:
"The Grantor and Grantee specifically represent and warrant
that this deed contains a deed restriction, whereby the cabana use
will not contain heating equipment, bedrooms, and/or living quarters,
full-service kitchen, or be used for sleeping. This deed restriction
is intended to prohibit conversion to a habitable space."
h.
FULL-SERVICE KITCHEN
Definition. For purposes of this subsection:
Shall mean an indoor area for food preparation containing
either a dishwasher, stove and/or range.
[Ord. #513; Ord. #O-01-12, S 4; Ord. #O-04-2, SS 1—3;
Ord. #O-07-16, SS 1—4; Ord. #O-07-17, S 1; Ord. #O-08-7, S XV;
Ord. #O-09-10; Ord. #O-11-12, S 2]
a.
Permitted Signs in R-22, R-15 and R-10 Residential Zones; Institutional
Zone; RP Residential Professional Zone:
1.
Decorative non-illuminated signs showing name and/or address of house
or family not larger than one square foot in area.
2.
Nonilluminated temporary signs advertising the prospective sale or
rental of the premises upon which it is maintained, not exceeding
four square feet in area, provided that it shall be removed within
seven days after consummation of lease or sale transaction. Any such
signs shall be placed at least six (6') feet from the curb; and, if
there is no curb, then six (6') feet from the end of the pavement.
2A.
There may be a maximum of two temporary signs advertising
an "open house" in connection with the sale of any residential dwelling.
The following restrictions shall apply to such "open house"
signs:
(a)
Only one sign may be placed on the lot or building being sold;
and one directional sign may be placed off site, but shall not be
placed on private property owned by another person without that other
owner's written permission.
(b)
The "open house" sign shall not be larger than eighteen (18")
inches by twenty-four (24") inches, and the top of each such sign
shall not be higher than forty-two (42") inches above the ground.
If the open house is being conducted by a realtor, both signs shall
contain the name, business office address, and telephone number of
such realtor.
(c)
The open house may be for either the public or for realtors
only.
(d)
The "open house" sign shall be placed only on the day of the
open house and shall be removed immediately, that day, upon the conclusion
of the open house. Both signs shall contain the day of the week on
which the open house is being conducted.
(e)
No "open house" sign shall be illuminated.
3.
Non-illuminated temporary signs on new construction sites, not exceeding
12 square feet in total area and provided they shall be removed within
seven days after completion of the construction work.
4.
Official signs erected by the Borough of West Long Branch, Monmouth
County, the State or Federal Government.
5.
Signs identifying a permitted recreation area provided each is a
non-flashing sign, and not exceeding 12 square feet in area on any
one side and bearing only the name of the recreation area.
6.
No more than one sign shall be permitted for each use or activity
permitted in this zone.
7.
One non-flashing sign identifying a school, church, public building,
public and private parks, or other such permitted use, not to exceed
eight square feet in area on any one side and situated within the
lot not closer than fifteen (15') feet from any street or property
line.
8.
No temporary signs are permitted in the zones referred to in 18-7.1a
above, unless they are specifically permitted and comply with the
stated conditions for such permission. This means that contractor
and tradesman signs for providing of services such as landscaping,
painting, siding, construction, plumbing, heating, electrical or any
other similar service are specifically prohibited, regardless of whether
or not the property owner consents to the same.
The penalties for placement of non-permitted signs are as follows:
The fine for a first offense shall be $35. The fine for a second offense shall be $100. The fine for a third or subsequent offense shall be between $100 and the maximum permitted by Section 1-5.
b.
Permitted Signs in NC Neighborhood/Commercial Zones.
1.
One facade sign may be placed or inscribed upon the front facade
of a building for each permitted use or activity. The sign shall not
exceed an area equal to 10% of the front wall area of the building
or portion thereof devoted to such use or activity and shall not project
more than two (2') feet in front of the facade of the building.
2.
One free-standing sign is permitted, provided that such sign shall not exceed 30 square feet on any one side. Any sign shall not be located closer than twenty (20') feet to any street line or boundary of a residence zone. No free-standing sign shall have any part thereof at a height greater than twelve (12') feet above ground level, and the sign shall not obstruct vision in the area defined in Subsection 18-6.5c.
3.
The above permitted business signs may be illuminated but shall not
be of the flashing type, and shall in no way interfere with the safe
functioning of any traffic control signal or directional device.
4.
One temporary sign pertaining to the lease or sale of the same lot
or construction of the building on which it is placed. Such sign shall
be non-flashing, shall be situated within the property lines of the
premises to which it relates and shall not exceed eight square feet
in total area and no sign shall be displayed for a period of more
than six months.
5.
One non-flashing sign identifying an administration office or a professional
office as permitted on each lot in this zone, provided that each sign
does not exceed eight square feet in area on any one side and further
provided that such sign be located not less than ten (10') feet from
any street or property line.
6.
Special signs serving the public convenience, such as "Notary Public,"
"public telephone," et al, provided that each sign does not exceed
one square foot in area and only one sign for each type is displayed.
7.
Two business signs painted on the windows and/or doors of each business,
bearing the name, street number, and/or type of business of the principal
occupants, provided that there shall be no more than one such sign
on each window or door frame and the total area of such signs shall
not exceed six square feet.
8.
Business signs painted on the valance of an awning bearing only the
name of the principal occupant and/or the street number of each business,
but not exceeding a total of eight square feet in area.
9.
No temporary signs are permitted in the zones referred to in 18-7.1a
above, unless they are specifically permitted and comply with the
stated conditions for such permission. This means that contractor
and tradesman signs for providing of services such as landscaping,
painting, siding, construction, plumbing, heating, electrical or any
other similar service are specifically prohibited, regardless of whether
or not the property owner consents to the same.
The penalties for placement of non-permitted signs are as follows:
The fine for a first offense shall be $35. The fine for a second offense shall be $100. The fine for a third or subsequent offense shall be between $100 and the maximum permitted by Section 1-5.
c.
Permitted Signs in HC Highway Commercial Zone.
1.
One sign may be placed or inscribed upon each of two facades of a
building, showing only the name of the building of its occupants,
provided that the sign shall not exceed an area equal to 15% of the
area of the facade upon which it is placed. The sign may be illuminated,
but shall not be of the flashing or animated type, and shall not project
more than twelve (12") inches in front of the facade nor extend above
the top or beyond the end of the facade.
2.
One free-standing sign may be erected to identify permitted buildings,
and in the case of office buildings, to list individual occupants,
provided that the aggregate area of the sign's two sides shall not
exceed 50 square feet. Such signs may be illuminated, but shall not
be of the flashing or animated type, shall not be located within twenty
(20') feet of a public street or parking area, driveway or within
fifty (50') feet of the boundary of a residence zone, and shall in
no way interfere with the safe functioning of any traffic control
signal or directional device, provided further that said signs may
be subject to further restriction by the Planning Board or Borough
Engineer based upon the overall site plan of the application.
3.
Free-standing signs necessary to control the movement of traffic
on the premises may be erected. These signs shall provide traffic
directions only, and shall not be used for any advertising purpose.
They shall not exceed a height of six (6') feet, nor an area of four
square feet on each of two sides.
4.
Free-standing signs shall have a space of not less than four (4') feet between the lower edge of the sign and ground level. No free-standing sign shall have any part thereof at a height greater than twenty (20') feet above ground level, and the sign shall not obstruct vision in the area defined in Subsection 18-6.5c.
5.
One temporary sign pertaining to the lease or sale of the same lot
or construction of the building on which it is placed. Such sign shall
be nonflashing; shall be situated within the property lines of the
premises to which it relates; and shall not exceed eight square feet
in total area; and no sign shall be displayed for a period of more
than six months.
6.
No temporary signs are permitted in the zones referred to in 18-7.1a
above, unless they are specifically permitted and comply with the
stated conditions for such permission. This means that contractor
and tradesman signs for providing of services such as landscaping,
painting, siding, construction, plumbing, heating, electrical or any
other similar service are specifically prohibited, regardless of whether
or not the property owner consents to the same.
The penalties for placement of non-permitted signs are as follows:
The fine for a first offense shall be $35. The fine for a second offense shall be $100. The fine for a third or subsequent offense shall be between $100 and the maximum permitted by Section 1-5.
d.
Permitted Signs in MF-1 and SH-1 Zones. Multi-family dwelling structures
shall comply with the following sign requirements:
1.
Multi-family dwelling developments may maintain:
(a)
One wall identification sign which may be illuminated but shall
not exceed 10 square feet in area.
(b)
One ground identification sign which may be illuminated but
shall not exceed 30 square feet in area on either side nor a height
of twelve (12') feet. Any sign shall not be located closer than twenty
(20') feet to any street line or boundary of a single-family residence
zone. The sign shall not obstruct vision in the site triangular area
formed by the curbline of the main entrance and a line joining thirty
(30') feet distant along said street and entry point.
2.
All multi-family developments shall provide one street address sign
in numerical and alphabetical format for the development clearly visible
from the street not to exceed 10 square feet in area.
3.
All multi-family structures shall provide numerical or alphabetical
signs identifying each structure. The sign letter or numerals shall
be a minimum of one foot but not greater than two (2') feet in height
for clear identification from the street or internal driveway.
e.
Enforcement.
1.
These paragraphs a,8, b,9 and c,6 may be enforced by any member of
the West Long Branch Police Department, the Code Enforcement Officer
or Zoning Officer. Enforcement may include the removal of the sign
or taking it down and returning it to the property owner or anyone
residing or doing business at the property.
[Ord. #513]
a.
Fences may be erected, altered or reconstructed in accordance with
the following regulations and in accordance with the other provisions
of this Chapter.
b.
Before a fence shall be erected, a fence permit shall be obtained
from the Building Inspector. A request for a fence permit should be
accompanied by a site plan which shall show the location of the fence
in relation to all other structures and buildings, and in relation
to all streets, lot property lines and yards.
c.
Fences may be erected, altered or reconstructed to a height not to
exceed three (3') feet above ground level when located within the
required front yard setback.
d.
Fences may be erected, altered or reconstructed to a height not to
exceed six (6') feet above ground level when located outside the required
front yard setback.
e.
The foregoing restrictions shall not be applied so as to prevent
the erection of an open wire fence not exceeding eight (8') feet above
ground level anywhere within a public park, public playground or school
premises.
f.
All fences must be erected within the property lines, and no fences
shall be erected so as to encroach upon a public right-of-way.
g.
All fences shall be maintained in a safe, sound and upright condition.
If the Building Inspector or Zoning Officer, upon inspection, determines
that any fence, or portion of any fence, is not being maintained in
a safe, sound or upright condition, he shall notify the owner of such
fence in writing of his findings and state briefly the reasons for
such findings and order such fence or portion of such fence repaired
or removed within 30 days of the date of the written notice.
h.
These restrictions shall not be applied so as to restrict the erection
of a wall for the purpose of retaining earth.
i.
All supporting members of the fence to be erected, altered or reconstructed
shall be on the inside surface, meaning that the supporting members
shall face the property constructing the fence, and not the neighboring
property.
[Ord. #513]
Any use required by this Chapter to be screened shall be contained
within a fence or wall not less than six (6') feet in height, or a
visual screen consisting of evergreen or evergreen type hedges, or
shrubs, spaced so as to provide a solid and compact wall of landscape
materials, located and maintained in good condition and within ten
(10') feet of the property line, provided further that the regulations
may be expanded based upon the recommendations of the Borough Engineer.
[Ord. #513; Ord. No. O-07-17 § 1; Ord. No. O-08-7, S XI; Ord. No. O-2015-4 § 9]
a.
Off-Street Parking.
1.
Off-street parking space shall be provided as further specified in
this Chapter, and shall be furnished with necessary passageways and
driveways. All such space shall be deemed to be required space on
the lot on which it is situated, and shall not be encroached upon
or reduced in any manner. All parking areas, passageways, and driveways
(except when provided in connection with one family residences) shall
be surfaced with a dustless, durable, all-weather pavement, clearly
marked for car spaces, shall be adequately drained, and shall be adequately
buffered, all subject to the approval of the Borough Engineer. Aisle
widths and access drives shall not exceed twenty-five (25') feet in
width without a specific determination by the Borough Engineer that
the excess width is needed to accommodate the proposed use.
2.
A site plan shall be filed with zoning permit application where off-street
parking facilities are required or permitted under the provisions
of this ordinance in connection with the use or uses for which the
application is being made.
3.
Parking areas may be located in any yard space for commercial use
and in any yard but the front yard for other uses, and shall be adequately
buffered in accordance with the site plan recommendations of the Borough
Engineer and Planning Board.
4.
No commercial motor vehicle shall be parked or stored anywhere on
public streets or private property in an R-22, R-15, R-10, MF-1, SH-1
or RP District, unhoused or visible from a public street or any neighboring
property, except when the vehicle is being used in the transaction
of business with the owner or occupant of the property. Commercial
motor vehicles shall include all vehicles in excess of 7,000 pounds
gross vehicle weight, except recreational vehicles as regulated in
paragraph 5 following, and all trucks or vans with a pay load or capacity
in excess of one ton. No display vehicles for commercial purposes
shall remain in any district for longer than a 24 hour period.
5.
Recreational vehicles (excepting conventional passenger automobiles)
whether self-propelled, towed, truck mounted or licensed as a passenger
vehicle, which include but are not limited to all sizes and descriptions
of trailers, campers, boats, and buses, shall not be parked outdoors
in any zone except that a resident may park such vehicle on said resident's
premises for a period not to exceed 24 hours for the purpose of loading
or unloading such vehicle. Recreational vehicles which are less than
nine (9') feet x twenty-two (22') feet, however, shall be permitted
to be parked outdoors on a resident's premises provided the vehicle
is parked in a side or rear yard area and is set back a minimum of
five (5') feet from the side and rear lot line. Upon registration
with the Police Department, permission for temporary parking of the
above vehicles may be granted for a period not to exceed seven days
to nonresidents of the Borough, provided said vehicles are not occupied
while parked on the subject premises.
6.
Not more than two driveways, of not less than twenty (20') feet or
more than thirty (30') feet in width, used as a means of ingress and
egress for nonresidential off-street parking areas shall be permitted
for each two hundred (200') feet of frontage upon a public street,
nor shall any driveway be located closer than fifty (50') feet to
the intersection of two public streets.
7.
All parking areas and appurtenant passageways and driveways serving
commercial uses shall be illuminated adequately during the hours between
sunset and sunrise when the use is in operation. Adequate shielding
shall be provided by commercial uses to protect adjacent residential
zones from the glare of such illumination.
8.
Required Off-Street Parking Space.
(a)
Residential uses shall conform with the parking requirements
in N.J.A.C. 5:21, Residential Site Improvement Standards.
(b)
Motels—one and one-tenth (1 1/10) parking space per
sleeping or dwelling unit.
(c)
Barber and beauty shops—one and one-half (1 1/2)
parking space per beauty chair or barber chair.
(d)
Financial institutions, and medical professional offices—one
parking space for every 150 square feet of floor area or major fraction
thereof.
(e)
Retail and service stores, except when otherwise specifically
covered herein—one parking space for every 200 square feet of
floor area or major fraction thereof.
(f)
Stores for the retail sale of furniture or appliances—one
parking space for every 500 square feet of floor area or major fraction
thereof.
(g)
Supermarkets, self-service food stores—one parking space
for every 150 square feet of floor area or major fraction thereof.
(h)
Houses of worship—one parking space for every three seats.
(i)
Motor vehicle sales and service—one parking space for
every 200 square feet of floor area or fraction thereof.
(j)
Restaurants, cafeterias, taverns, bars (indoor service only)—one
parking space for every two seats for customers, or one parking space
for every two persons who may legally be admitted therein at one time
under the State Fire Prevention Laws, whichever is greater.
(k)
Bowling alleys—five parking spaces for every bowling lane.
(l)
Auditoriums, theatres, stadiums, assembly halls, and similar
places of public assembly, including all secondary schools and college
buildings having fixed seating facilities—(1) parking space
for every three seats in the main assembly unit.
(m)
Mortuaries and funeral homes—(1) parking space for every
50 square feet of floor area in the slumber rooms, parlors or individual
funeral service rooms.
(n)
Public utility installations—one parking space for each
employee and each company vehicle.
(o)
Planned commercial shopping center—one parking space for
each 200 square feet of gross floor space.
(p)
Industrial manufacturing establishment—one parking space
per eight hundred (800') feet.
(q)
Warehousing—one parking space per 5,000 square feet.
(r)
Offices, other than medical professional—one parking space
per 250 square feet.
(s)
Educational Services: one parking space per three seats for
classrooms or labs; one parking space per four beds for dormitories
and residence halls; one parking space per 250 square feet for offices
and all other uses.
[Ord. No. O-2015-4 § 9]
(t)
Diagnostic Imaging Centers and Home Health Care Centers —
one parking space per 150 square feet.
[Ord. No. O-2015-4 § 9]
(u)
Business and Professional Organizations — one parking
space per 250 square feet.
[Ord. No. O-2015-4 § 9]
9.
Handicapped Parking and Passenger Loading Requirements.
(a)
Accessible Parking Spaces. Accessible parking and passenger
loading shall be provided in accordance with the New Jersey Barrier
Free Subcode. Where required by the Americans with Disabilities Act
(ADA) Accessibility Guidelines for Buildings and Facilities (ADAAG),
parking lots or parking garages shall have at least the number of
accessible parking spaces for the handicapped as set forth below:
|
ADAAG ACCESSIBLE PARKING SPACES
| |
|---|---|
|
Total Spaces in Lot
|
Required Number of Accessible Spaces
|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1000
|
2 percent (%) of total
|
|
1001 and over
|
20 plus 1 for each 100 spaces over 1000
|
(b)
Medical care facilities. At facilities providing medical care
and other services for persons with mobility impairments, parking
spaces for the handicapped shall be provided in accordance with the
table in paragraph (a) above except as follows:
(1)
Outpatient units and facilities: Ten percent of the total number
of parking spaces provided serving each such outpatient unit or facility;
(2)
Units and facilities that specialize in treatment or services
for persons with mobility impairments: 20% of the total number of
parking spaces provided serving each such unit or facility.
(c)
Valet parking. Valet parking facilities shall provide a passenger
loading zone in compliance with ADAAG located on an accessible route
to the entrance of the facility.
(d)
Location. Accessible parking spaces serving a particular building
shall be located on the shortest accessible route of travel from adjacent
parking to an accessible entrance. In parking facilities that do not
serve a particular building, accessible parking shall be located on
the shortest accessible route of travel to an accessible pedestrian
entrance of the parking facility. In buildings with multiple accessible
entrances with adjacent parking, accessible parking spaces shall be
dispersed and located closest to the accessible entrances.
(e)
Parking spaces. Accessible parking spaces shall be at least
ninety-six (96") inches (2440 mm) wide. Parking access aisles shall
be part of an accessible route to the building or facility entrance
and shall comply with ADAAG for an Accessible Route. Two accessible
parking spaces may share a common access aisle (see ADAAG Figure 9).
Parked vehicle overhangs shall not reduce the clear width of an accessible
route. Parking spaces and access aisles shall be level with surface
slopes not exceeding 1:50 (2%) in all directions
(f)
Signage. Accessible parking spaces shall be designated as reserved
by a sign showing the symbol of accessibility in accordance with ADAAG.
Spaces complying with paragraph (a) above shall have an additional
sign "Van-Accessible" mounted below the symbol of accessibility. Such
signs shall be located so they cannot be obscured by a vehicle parked
in the space.
 International Symbol of Accessibility Proportions on a
Grid Background
|
 International Symbol of Display Conditions[1]
|
[1]
The symbol contrast shall be light on dark, or dark on light
(g)
Vertical clearance. Provide minimum vertical clearance of one
hundred fourteen (114") inches (2895 mm) at accessible passenger loading
zones and along at least one vehicle access route to such areas from
site entrance(s) and exit(s). At parking spaces complying with ADAAG
requirements, provide a minimum vertical clearance of ninety-eight
(98") inches (2490 mm) at the parking space and along at least one
vehicle access route to such spaces from site entrance(s) and exit(s).
(h)
Passenger loading zones. Passenger loading zones shall provide
an access aisle at least sixty (60") inches (1525 mm) wide and twenty
(20') feet (240") inches (6100 mm) long adjacent and parallel to the
vehicle pull-up space (see ADAAG Figure 10). If there are curbs between
the access aisle and the vehicle pull-up space, then a curb ramp complying
with the ADAAG shall be provided. Vehicle standing spaces and access
aisles shall be level with surface slopes not exceeding 1:50 (2%)
in all directions. Passenger loading zones required to be accessible
by the ADA shall comply with requirements of the ADAAG.
|
ADAAG Figure 9
DIMENSIONS OF ACCESSIBLE PARKING SPACES
 |
|
The access aisle shall be a minimum of 60 inches (1525 mm) wide
for cars or a minimum of 96 inches (2440 mm) wide for vans. The accessible
route connected to the access aisle at the front of the parking spaces
shall be a minimum of 36 inches (915 mm).
|
|
ADAAG Figure 10
ACCESS AISLE AT PASSENGER LOADING
 |
|
An access aisle is required at a passenger loading zone which
is 240 inches (6100 mm) minimum, measured parallel to the vehicle
pull-up area, and 60 inches (1525 mm) minimum, measured perpendicular
to the vehicle area. This aisle must be clear of obstructions and
at the same level as the vehicle area.
|
b.
Off-Street Loading and Unloading.
1.
For every building, structure or part thereof having over 5,000 square
feet of gross building area erected and occupied for commerce, 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
twelve (12') feet in width, thirty-five (35') feet in length, and
fourteen (14') feet in height, in the rear of the building only. One
additional truck space of these dimensions shall be provided for every
additional 20,000 square feet or fraction thereof, of gross area in
the building.
2.
Access to a 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 section shall be provided as
area in addition to off-street parking space and shall not be considered
as supplying off-street parking space.
4.
Off-street loading and unloading areas shall be surfaced with a dustless,
durable, all-weather pavement which shall be adequately drained and
adequately screened and buffered, all subject to the approval of the
Borough Engineer.
5.
Off-street loading and unloading areas shall be located in side or
rear yards only.
[Ord. #O-00-3, S 6]
The following conditions shall apply to all swimming pools located
in any Institutional or Neighborhood Commercial Zone and to any swimming
pools located on a property used for Institutional or Neighborhood
Commercial purposes:
a.
No swimming pool may be used between the hours of 7:00 p.m. and 7:00
a.m. on each day of the week. No pool will be used before 8:00 a.m.
on Sunday.
b.
It is unlawful for any person to make, continue, or cause to be made
or continue, at any private swimming pool, any loud, unnecessary or
unusual noise which exceeds the limitations of the Borough's Noise
Ordinance,[1] or any other State law or regulation, including the New
Jersey Administrative Code.
c.
Any lights which are used to illuminate any private swimming pool
shall be arranged and shaded so as to reflect light away from adjoining
premises.
d.
Persons using any private swimming pool must wear a bathing suit
or other suitable garment in order to protect his or her person from
indecent exposure.
e.
There shall be a landscaped buffer of twenty-five (25') feet. All
applicable provisions of the Borough ordinances regarding buffers
shall control. Additionally, a berm of at least three (3') feet in
height, with dense landscaping, such as evergreens, shall be constructed
adjacent to any residential zone or any buffered area.
[Ord. #513]
Except as otherwise provided in this section, the lawful use
of land or buildings existing at the date of the adoption of this
Chapter may be continued, although such use or building does not conform
to the regulations specified by this ordinance for the zone in which
such land or building is located, provided, however:
[Ord. #513]
A nonconforming use shall be adjudged as abandoned when there
occurs a cessation of any 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 12 months from the date of cessation or discontinuance.
[Ord. #513]
If any nonconforming building shall be destroyed by reason of
windstorm, fire, explosion or other act of God or the public enemy
to an extent of less than 75% of the recorded true valuation, then
such destruction shall be deemed partial destruction and may be rebuilt,
restored or repaired within 12 months.
Nothing in this ordinance shall prevent the strengthening or
restoring to a safe condition any wall, floor or roof which has been
declared unsafe by the Building Inspector.
[Ord. #513]
No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
[Ord. #513]
A nonconforming building may be reconstructed but not enlarged
or extended, unless the building is changed to a building conforming
or more nearly conforming to the requirements of this Chapter.
[Ord. #513]
Nothing herein contained shall require any change in plans,
construction or designated use of a building for which a building
permit has been heretofore issued and the construction of which shall
have been diligently pursued 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 such plans as filed within one year from the date of this Chapter.
[Ord. #513]
Whenever the boundaries of a zone shall be changed so as to
transfer an area from one zone to another of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
existing therein or created thereby.
[Ord. #513; Ord. #O-96-6, S 7; Ord. #O-05-2, S 2; Ord. No. O-2016-9 § 1]
The provisions of this Chapter shall be enforced by the Code
Enforcement Officer, the Building Inspector of the Borough of West
Long Branch, or any Police Officer, or by the owner of any property
in the Borough. In no case shall a building permit or a Certificate
of Occupancy be granted for the construction, alteration or occupancy,
or any use thereof which would be in violation of any provisions of
this Chapter. It shall be the duty of the Building Inspector, or the
Code Enforcement Officer, and any duly authorized assistants to cause
any building, plans or premises to be inspected or examined and to
order in writing the remedying of any conditions found to exist in
violation of any provisions of this Chapter, and he shall have the
right to enter any building or premises during the daytime in the
course of his duties.
[Ord. #513; Ord. O-05-2, S 3; Ord. #O-08-3; Ord. #O-08-29, S 1; Ord. #O-08-7, S III; Ord.
#O-11-11; amended 9-7-2022 by Ord. No. O-22-15]
a.
Issuance of Zoning Permits. Zoning permits shall hereafter be secured
from the Zoning Officer prior to the construction, erection or alteration
of a structure. The applicant shall conform to the requirements of
the Uniform Construction Code Ordinance and the Zoning Chapter and
shall in all cases provided in the site plan section of this Chapter
submit detailed plans in accordance with said site plan section to
the Planning Board for approval prior to any permit being issued,
except other than a detached one dwelling unit building. Unless a
separate fee is specifically set forth for a specific type of zoning
permit, the fee to obtain a zoning permit shall be $50.
No zoning permit, however, shall be required, nor any application
for a zoning permit shall be required, when the proposed construction,
erection or alteration is for siding, re-siding, roof repair, replacement
of windows or garage doors, or the installation of roof-only solar
panels which do not extend beyond the ridge or edge of the roof.
b.
Certificate of Occupancy.
1.
Certificates of Occupancy shall be issued by the Building Inspector
in the manner prescribed in the Uniform Construction Code. On the
serving of notice by the Building Inspector or the Code Enforcement
Officer to the owner of any violation of any of the provisions or
requirements with respect to any building or use thereof or of land,
as specified in this Chapter, the Certificate of Occupancy for such
use shall be deemed in violation of this Chapter and subject to the
penalties hereinafter prescribed. A new Certificate of Occupancy shall
be required for any further use of such land or buildings. A fee of
$25 shall be charged for an original Certificate of Occupancy as required
herein, and for each copy of an original certificate, there shall
be a charge of $5 which shall be remitted to the Borough Treasurer
by the issuing officer in accordance with the manner of reporting
payment as is generally provided.
2.
It shall be the duty of the Building Inspector to keep a record of
all applications for zoning permits, a record of all permits issued,
and a record of all Certificates of Occupancy which he countersigns,
together 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 officials of the Borough of West Long Branch. The Building
Inspector shall prepare a monthly report for the Borough Council summarizing
for the period since his last report all zoning permits issued and
certificates countersigned by him and all complaints of violations
and the action taken by him consequent thereon. A copy of each such
report shall be filed with the Borough Tax Assessor at the same time
that it is filed with the Borough Council.
c.
Planning and Zoning Boards of the Borough of West Long Branch.
1.
It is the intention of this Chapter that Ordinance No. 284 and Ordinance
No. 303 entitled "An Ordinance of the Borough of West Long Branch
Establishing a Planning Board and a Zoning Board of Adjustment Pursuant
to the Powers of said Board; Fixing the Procedures Governing Application
to said Boards and Appeals Therefrom; and Providing for the Continuance
of Existing Ordinances" adopted on January 20, 1977 is herewith adopted
in its entirety by reference as if attached hereto and made a part
hereof.
2.
It is the intention of this Chapter to continue those procedures
as set forth in both of the above referred ordinances, however, reference
to any interim zoning ordinances are hereby removed and this entire
Chapter with those changes is hereby considered the new Zoning Ordinance
of the Borough of West Long Branch. Any ordinances or portions thereof
enumerated in either of the above referred numbered ordinances which
are inconsistent with the provisions of this Chapter are hereby repealed.
3.
Each application made to the Board of Adjustment shall be accompanied by a fee payable to the Borough in accordance with Section 18-14.
4.
The Board of Adjustment shall act in strict accordance with procedures
specified in Revised Statutes 40:55D-10 et seq. and 40:55D-72 and
by this Chapter. All appeals and applications to the Board shall be
in writing. Every appeal or application shall refer to the specific
provision of the ordinance involved and shall exactly set forth the
interpretation that is claimed or the details of the variance that
is applied for and the grounds on which it is claimed that the variance
should be granted. Every decision of the Board of Adjustment shall
be made by resolution, each of which shall contain full record of
the findings of the Board in the particular case. Each such resolution
shall be filed in the Office of the Borough Clerk by case number under
the heading of interpretation or variance, together with all documents
pertaining thereto.
5.
The Board shall fix a reasonable time for the hearing of appeals
giving due notice of the time set for hearing to the appellant. Such
notice shall be served upon the appellant. The appellant shall, at
least 10 days prior to the date appointed for the hearing pursuant
to Revised Statutes 40:55D-12, give notice in writing by registered
mail or by service in person with adequate proof of contact thereof
to all property owners within two hundred (200') feet of the property
to be affected by the appeal as provided in the Statutes of the State
of New Jersey, or to all property owners of contiguous lands or property
adjoining the property to be affected, and other interested property
owners as may be designated by the Board of Adjustment. The applicant
must furnish proof of service in writing and properly notarized.
6.
A variance granted by the Board of Adjustment shall be valid for
a period of one year from the date of final approval unless an extension
shall be granted by the Board of Adjustment upon application being
timely made by the applicant prior to the expiration of the original
term.
[Ord. #513]
In the interpretation and application of the provisions of this
Chapter, such provisions shall be minimum standards, adopted for promoting
the health, safety and general welfare of the Borough of West Long
Branch.
[Ord. #513]
Whenever the requirements of this Chapter are at variance with
the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive or those imposing the higher standards
shall govern.
[Ord. #513; Ord. #O-96-11; Ord. #O-05-2, S 4]
a.
This Chapter shall be enforced as hereinafter provided by the Building
Inspector, or Code Enforcement Officer, who is empowered to cause
any building, structure, plans, or premises to be inspected and examined
and to order in writing the remedying of any condition found to exist
therein or Chapter thereat in violation of any provision of this Chapter.
The owner or agent of a building or premises where a violation of
any provision of this Chapter shall have been committed or shall exist,
or the lessee or tenant of any part of the building or premises in
which such violation shall have been committed, or shall exist, or
the agent, architect, builder, contractor, or any person who shall
maintain any building or premises in which any violation of this Chapter
shall exist, shall for each and every violation upon conviction be
imprisoned in the Monmouth County Jail for a period not exceeding
30 days or be fined not exceeding $500 or both. Each day that a violation
is permitted to exist shall constitute a separate offense.
b.
In addition to the powers given to the Building Inspector and Code
Enforcement Officer as aforesaid; the owner of, or any person having
interest in, any property in the Borough of West Long Branch, may
make complaint for any violation of this Chapter or any provision
or section thereof, and upon conviction, in such case, the penalties
hereinbefore provided shall be imposed.
c.
In addition to the remedy or remedies hereinbefore provided, any
person, persons, company or corporation violating this Chapter or
any provision or section thereof, may be proceeded against by the
Borough of West Long Branch, or by the Building Inspector or Code
Enforcement Officer of the Borough of West Long Branch, or by the
owner of any property in the Borough of West Long Branch, by appropriate
action or proceeding in equity or otherwise to prevent and enjoin
any threatened violation or any existing violation or any continuing
violation of this Chapter or any provision or section thereof.
[Ord. #513]
This section shall be known and may be cited as the "West Long
Branch Site Plan Review and Approval Section."
[Ord. #513]
The purpose of this section is to provide for the review and
approval of site plans as a condition for the issuance of a permit
for certain kinds of development as specified in this section and
to provide for the rules and regulations governing the submission
and processing of applications for development, including the standards
for preliminary and final approval as authorized by the Municipal
Land Use Law, Chapter 291, Laws of New Jersey 1975.
[Ord. #513]
The approving authority is the Planning Board, except that the
Zoning Board of Adjustment shall have the power to grant to the same
extent and subject to the same restrictions as the Planning Board,
site plan approval pursuant to the provisions of this section whenever
the Zoning Board of Adjustment is reviewing an application for approval
of a use variance pursuant to N.J.S.A. 40:55D-70(d). The use of the
word "Board" in this section refers to the Planning Board where it
has jurisdiction over site plans and to the Zoning Board of Adjustment
where it has jurisdiction over site plans, unless otherwise noted.
[Ord. #513]
The rules, regulations and standards created by this section
shall be deemed to establish the minimum requirements for the protection
of the public health, safety and welfare of the people of the Borough
of West Long Branch. Every action of the Board under the provisions
of this section shall afford primary consideration to such interest
and welfare of the entire community. However, if it can be clearly
demonstrated that because of the peculiar character or condition of
the land, literal application and enforcement of the provisions of
this section with respect to improvements and design standards are
impractical and will result in undue hardship, the Board may permit
such variation in the application and enforcement of such provision
as may to the Board appear to be reasonable and consistent with the
general purpose and intent of this section. The Board shall not waive
any provision of this section, unless the Board reveals the reasons
for such waiver at a public meeting at which such waiver is granted
and causes the reasons to be recorded in the minutes of such meeting.
[Ord. #513]
Any person aggrieved by a decision of the Board may appeal to
the courts.
[Ord. #513]
The purpose of this section is to establish the procedure for
submission and consideration of an application for site plan approval.
The procedure specified is intended to provide orderly processing
of an application and to assure that sufficient time is provided for
the Board and their consultants and aids to afford each proposed application
the examination and consideration necessary to achieve the objectives
of this section.
[Ord. #513; Ord. No. O-2015-4 § 10]
a.
Required Review. Approval of site plans shall be administered according to the procedure specified herein. In any zone where the use or construction involves any use other than a an "exempt development" as defined in subsection 18-3.2, Definitions final site plan approval is required by the Board prior to:
1.
The issuance of any building permit or Zoning Permit.
2.
Commencement of any use or activity that is regulated by this Chapter (Chapter 18, Zoning), which includes:
3.
The issuance of any Certificate of Occupancy.
4.
The issuance of a building permit or a Certificate of Occupancy,
as the case may be, for any construction or use permitted by a use
variance obtained.
b.
Conditional Use Approval. No site plan application shall be approved
by the Board for a conditional use or which does not conform in all
respects to the requirements of the Zoning Chapter unless the conditional
use and variances required have been approved.
c.
Optional Simultaneous Review. An applicant may file simultaneous
applications for preliminary and final site plan review provided that
fees for both preliminary and final review are paid upon filing.
d.
Site Plan Review Subcommittee. A Site Plan Review Subcommittee is hereby established. The purpose of the Site Plan Subcommittee is to facilitate the change of a permitted non-residential use or occupancy to another permitted non-residential use or occupancy where no extensive construction or improvements are proposed and meets the requirements listed in subsection 18-13.7e,1. It is comprised of three members of the Planning Board appointed by the Planning Board Chair and the Zoning Officer. The decision by the Site Plan Subcommittee to recommend a change of use exemption to the full Planning Board requires a unanimous decision by a quorum of not less than three members of the Site Plan Review Subcommittee. The review procedure by the Subcommittee is conducted in a casual meeting with the applicant, and is not a public hearing. If an exemption request is made to the Subcommittee, the Subcommittee will determine whether to recommend the exemption to the full Planning Board or that site plan review and approval are required. If a Change of Use Application Exemption is recommended by the Subcommittee, the full Planning Board will vote on whether to grant a site plan exemption.
e.
Change of Use Exemption. Any change from a permitted non-residential use to another permitted non-residential use may be exempt from site plan approval upon completion of a Change of Use Application for Exemption of Site Plan included in Appendix 1 of Chapter 18, Zoning, and upon approval of the Zoning Officer in accordance with the six requirements listed in subsection 18-13.7 e.1 below.
If the Zoning Officer denies a requested exemption, the matter may be referred to the Site Plan Review Subcommittee for review in accordance with the six requirements listed in subsection 18-13.7e,1 below. Approval of the application requires a unanimous decision by a quorum of not less than three members of the Site Plan Review Subcommittee.
1.
An exemption of site plan for a change of use may be granted provided
the development meets the six requirements listed below:
(a)
The permitted use is classified within the same Use Group as shown in the Schedule of Permitted and Conditional Uses — For Non-Residential Zones. (Subsection 18-4.13)
(b)
Does not require any new variances.
(c)
Does not affect existing drainage, circulation, relationship
with buildings to each other, landscaping, buffering, lighting, and
other considerations of site plan approval.
(d)
The existing facilities do not require upgraded or additional
on-site improvements.
(e)
Does not increase parking requirements.
(f)
Meets the requirements of this Code for the new use.
2.
The recommendation of the Subcommittee to the Planning Board shall
be in writing and shall include the date of the meeting, the names
of members in attendance and the roll call vote of the Subcommittee
members in attendance. The Planning Board shall vote on the recommendation
that has been received from the Site Plan Review Subcommittee to grant
an exemption for a change of use prior to the issuance of a Zoning
Permit by the Zoning Officer. The applicant shall not be required
to publish or serve notice of the Planning Board's consideration of
the Site Plan Review Committee's recommendation for an exemption of
the site plan requirements.
[Ord. #513]
The Board may waive the requirement for the submission of a
site plan for its review and approval if the application involves
an addition to or an alteration of an existing structure, or if the
application involves a change in use of any premises or existing structure.
The Board shall only grant such a waiver if it finds, on the basis
of an on-site inspection and any other documentation presented, which
shall include but not be limited to, a report from any appropriate
agency that it has no objection to the waiver requested, that the
existing conditions on the premises involved are satisfactory for
the proposed use. Application for a waiver of site plan approval shall
be submitted in triplicate and in writing to the Borough Clerk with
a fee of $150 (payable to the Borough of West Long Branch). The Board
shall hold a public hearing on the application as in the case of an
application for site plan approval. The Board shall act on the application
for a waiver at its meeting during which it holds the public hearing
or within such additional time as may be agreeable to the applicant.
Any waiver of site plan approval shall be valid for the same period
of time as final approval of a site plan would have been valid.
[Ord. #513]
a.
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.
b.
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.
c.
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.
[Ord. #513]
a.
Filing Requirements for Preliminary Site Plan Application.
1.
Every application for site plan review and approval, with all supporting
documents and data, including 15 copies of the application, surveys,
maps, drawings, exhibits and other documents shall be filed with the
Borough Clerk no later than 14 days prior to the date of the first
regular business meeting of the Board. The Clerk shall forthwith,
when the Planning Board has jurisdiction over the application, forward
10 copies to the Secretary of the Planning Board, one copy to the
Planning Board Engineer, one copy to the Shade Tree Commission, one
copy to the Environmental Commission, one copy to the Fire Subcode
Official, and shall retain one file copy in his office; and where
the Zoning Board of Adjustment has jurisdiction, 10 copies to the
Secretary of the Zoning Board, and one copy each to the Planning Board
Engineer, Shade Tree Commission, Environmental Commission, and Fire
Subcode Official.
2.
The applicant shall file one copy with the local Soil Conservation
District pursuant to the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39.
[Ord. #513]
a.
Public Hearing. The Board shall hold a public hearing on the application
at the regular business meeting of the Board, following the submission
of the complete application by at least 14 days. The public hearing
may be continued by the Board with the consent of the applicant until
the Board is satisfied that the applicant and the public have been
fully heard, and that the purposes of a public hearing have been fulfilled,
at which time the Board, by motion shall close the public hearing.
1.
Public notice shall be given by publication in the official newspaper
of the Municipality at least 10 days prior to the date of the hearing.
Notice shall be given by the applicant as follows:
(a)
Notice shall be given to the owners of all real property as
shown on the current tax duplicate located within two hundred (200')
feet in all directions of the property which is the subject of such
hearing and whether located within or without the Municipality. Notice
shall be given by: (1) serving a copy thereof on the owner as shown
on the current tax duplicate or his agent in charge of the property;
or (2) mailing a copy thereof by certified mail to the property owner
at this address as shown on the current tax duplicate. A return receipt
is not required. 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.
(b)
Notice of all hearings on applications for development involving
property located within two hundred (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 this subsection to the owners of
lands in such adjoining municipality which are located within two
hundred (200') feet of the subject premises.
(c)
Notice shall be given by personal service or certified mail
to the County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the official County map or on the County Master Plan, adjoining
other County land, or situate within two hundred (200') feet of a
municipal boundary.
(d)
Notice shall be given by personal service or certified mail
to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a State highway.
(e)
All notices hereinabove specified in this subsection 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.
(f)
Any notice made by certified mail as hereinabove required shall
be deemed to complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
(g)
All notices required to be given pursuant to the terms of this
subsection shall state the date, time and place of the hearing, the
nature of the matters to be considered and identification of the property
proposed for development by street address, if any, or by reference
to lot and block numbers as shown on the current tax duplicates in
the Municipal Tax Assessor's office and the location and times at
which any maps and documents for which approval is sought are available
as required by law.
2.
The West Long Branch Borough Clerk shall, upon receipt of a written
request by an applicant for development, together with payment of
the Borough of West Long Branch of a fee of $10 shall within seven
days make and certify a list from the current tax duplicate of names
and addresses of owners of all real property in the Borough of West
Long Branch, as shown on the current tax duplicate, located within
two hundred (200') feet in all directions of the property which is
the subject of such application.
b.
Action on the Preliminary Submission. After a duly held public hearing
and full consideration of the proposed preliminary site plan, the
Board may grant preliminary site plan approval if all applicable Chapter
requirements are met. In the event that the development requires approval
by a government agency other than the Board, in appropriate instances,
the Board shall condition its approval upon the subsequent approval
of such governmental or other agency. The Board may make observations,
comments or recommendations to such governmental or other agencies.
If all applicable Chapter requirements are not met, the Board may
deny application.
The Board may approve or disapprove the preliminary site plan,
or approve the plan with conditions and give written notification
to the applicant of its decision.
If the Board recommends substantial changes or denies approval,
the applicant may resubmit revised preliminary site plan documents
incorporating the appropriate changes following the recommendations
of the Board, following the same procedures set forth for the Preliminary
Submission, in which case, a new application fee shall be required.
c.
Amendments and Modifications. If the action by another governmental
agency requires any substantial amendment or modification in the layout
of improvements proposed by the applicant that have been the subject
of a public hearing, an amended application shall be submitted and
proceeded upon as in the case of the original application. The procedure
to be followed in the modification of a site plan shall be the same
as for an original filing except that the fee required will be 25%
of the fee paid by the applicant for the original filing.
d.
Effect of Preliminary Approval. Preliminary approval of a site plan
shall confer upon the applicant, the right, for a three year period,
from the date of preliminary approval, that the general terms and
conditions on which preliminary approval was granted shall not be
changed, except that nothing herein shall be construed to prevent
the Borough of West Long Branch from modifying by ordinance such general
terms and conditions of preliminary approval as relate to public health
and safety. 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 site plan. The applicant may apply
for and the Board may grant extensions on such preliminary approval
for additional periods of at least one year but not to exceed a total
extension of two years, provided that, if any applicable design standards
have been revised by ordinance, such revised standards shall govern.
e.
Board Action. The Planning Board shall act on any site plan of 10
acres or less within 45 days or on any site plan of greater than 10
acres within 95 days after filing of the completed application with
the Borough Clerk or within such further times as may be consented
to by the applicant.
Whenever the applicant has simultaneously filed an application
for site plan review and conditional use approval, the Planning Board
shall grant or deny the applications within the longest applicable
time period or within such further time as may be consented to by
the applicant.
Whenever an application for approval of a site plan includes
a request for a variance pursuant to N.J.S.A. 40:55D-60, the Planning
Board shall grant or deny approval of the application within 95 days
after submission by the applicant of a complete application to the
Borough or Borough Clerk or within such further time as may be consented
to by the applicant.
The Zoning Board of Adjustment shall act on a site plan or conditional
use application brought in conjunction with an application for a variance
pursuant to N.J.S.A. 40:55D-70(d) within 120 days after filing of
the completed application with the Borough Clerk or within such further
time as may be consented to by the applicant.
The approval by either Board shall be conditioned upon the timely
receipt of a favorable report by the County Planning Board whenever
such report is required by law.
f.
Standards for Approval. In acting upon a site plan the Board shall
ascertain that all the provisions, terms conditions, standards, performance
standards and requirements of this section, of the Master Plan, Zoning
Ordinance and of the Official Map, if adopted, are met, fulfilled
and implemented and shall further consider the effect of implementation
of the site plan on vehicular traffic and street congestion, fire
hazards, panic and other dangers, the overcrowding of land or buildings,
undue concentration of population, property values and adequacy of
light and air, as well as its effect upon the health, morals and general
welfare of the Municipality. The Board shall also consider whether
implementation of the plan will be conducive to the orderly development
of the site in question and of the general area in which it is located.
In addition, the Board shall only approve a site plan if provisions
for the supply of water and disposal of sewage and waste are adequate.
g.
Changes in Site Plan. No changes shall be made in any site plan approved
by the Board without the written approval of the Board.
h.
Denial of Approval. If the Board disapproves a site plan or requires
revisions prior to further consideration, its resolution stating the
reasons for such disapproval or revisions required, shall be sent
by mail to the applicant by the Secretary of the Board within 10 days
following such determination by the Board. The procedure to be followed
in the submission of a revised plan shall be as for an original filing
except that the schedule for the resubmission of the revised plan
and the fees required will be in accordance with the resolution of
the Board; provided, however, that the fees shall not exceed 25% of
the fee for the original filing.
i.
Reproduction Fee. If the Board approves the preliminary site plan,
the applicant shall fie with the Borough Clerk, payable to the Borough
of West Long Branch, a fee of $60, plus $20 per sheet of supplementary
documentation to defray the cost of reproducing copies of the preliminary
site plan for distribution as required. Following the payment of this
fee, a notation of the favorable action by the Board shall be signed
by the Board Chairman and the Secretary of the Board. The preliminary
site plan shall not be deemed to be approved until so signed.
j.
Distribution of Approval Preliminary Site Plan. The Borough Clerk
shall arrange to have copies of the signed preliminary site plan reproduced
and shall file the master copy in the office of the Borough Clerk.
The Borough Clerk shall send one copy of the signed preliminary site
plan to each of the following:
[Ord. #513]
a.
Filing of Final Site Plan.
1.
If the applicant desires to proceed with all or any part of the site
plan, he shall cause a final site plan to be prepared. Within three
years after the date of preliminary approval and at least 14 days
prior to the date of the first regular business meeting of the month
of the Board, he shall file with the Borough Clerk nine copies of
the application, surveys, maps, drawings, exhibits and other documents.
3.
An applicant may file an application for final approval at the time
of his application for preliminary approval provided application is
for the entire tract and he agrees in writing to waive the time period
within which the Board must act on final approval.
b.
Fees. At the time of submission of an application for final site plan approval, fees shall be paid in accordance with the provisions of Section 18-14.
c.
Reports.
1.
Borough Engineer's Report. The Borough Engineer shall submit a report
to the Secretary of the appropriate Board and a copy thereof to the
Borough Clerk. He shall certify that the final site plan conforms
to the approved preliminary site plan or describe the particulars
in which it fails to conform. He also shall certify that the final
site plan conforms with the provisions of this Chapter, the Zoning
Ordinance and the Official Map, if adopted, and he shall specify any
failure to conform. He shall also provide any additional information
requested by the Board and any comment that he deems appropriate.
The Board Engineer shall certify to the Board that he is in receipt
of a map showing all improvements, including all utilities, located
on the site plan in exact location and elevation, identifying those
portions already installed and those to be installed. The Borough
Engineer shall also advise the Board either that the applicant has
installed all or part of the improvements as required by the Borough
and has posted the maintenance guarantee, or, if not installed, shall
advise the Board of the estimated cost of the installation of all
public improvements.
2.
Borough Clerk's Report. The Borough Clerk shall advise the Board
of a posting of a performance guarantee acceptable to the Board in
a form approved by the Borough Attorney and in an amount determined
by the Borough Engineer to be required to cover the cost of installation
of all public improvements.
d.
Action by Board.
1.
The Board shall disapprove, approve or conditionally approve the
final site plan within 45 days after the date on which the application
is deemed to be complete, or within such additional time as is agreeable
to the applicant. The Board shall not approve the site plan if the
County Planning Board report, when required, is unfavorable or prior
to the expiration of the 30 day period within which the County Planning
Board may submit a report on the site plan; provided, however, that
if a report from the County Planning Board has not been received,
the Board may approve the site plan conditional upon the receipt of
notice of approval by the County Planning Board or the expiration
of the 30 day period. If the Board disapproves or requires a revision
of the site plan for any reason, it shall fix the amount of the fee,
not to exceed the amount required for the original filing, to be filed
with the Borough Clerk with the revised site plan, and its decision
stating the reasons for such reapproval or required revisions shall
be sent to the applicant.
2.
In acting on the final site plan, the Board shall review the improvements
shown on the approved preliminary site plan and shall take into account
the conditions and circumstances of existing and prospective improvements
and development in the area involved, together with all other pertinent
factors and shall either confirm the requirement for improvements
as specified on the approved preliminary site plan and accept the
design as shown on the approved preliminary site plan or shall require
a revision of the improvements required to be installed. In considering
any revision of the improvements or site plan shown on the approved
preliminary site plan, the Board shall take into account any improvements
that have been installed and any discrepancies between the design
and improvements shown on the preliminary site plan and the standards
for design and improvements specified in this section.
3.
If the Board approves of the final site plan, and all the provisions
of this section have been complied with, the Chairman and the Secretary
of the Board shall sign a notation to that effect on the master copy
of the site plan; provided, however, that if the approval of the Board
is conditional, the Chairman and the Secretary of the Board shall
not sign the site plan until after the conditions of approval have
been met. The site plan shall not be deemed to be approved until the
Chairman and the Secretary of the Board shall sign the master copy
of the final site plan. The Secretary of the Board shall notify the
Borough Clerk of the favorable action by the Board after the site
plan is signed.
4.
The Board shall approve the site plan only if all improvements have
been installed to the satisfaction of the Board in accordance with
the approved preliminary site plan or a revision thereof approved
in accordance with this section and maintenance guarantees have been
posted with the Borough Clerk or if such improvements have not been
so installed, performance guarantees have been posted with the Borough
Clerk for all on-tract, off-tract, on-site and off-site improvements
and the applicant signs an agreement with the Borough which includes
among other things:
(a)
Approval by the applicant of the terms of the performance guarantee
to be posted by the Borough Clerk.
(b)
Certification that the applicant agrees to comply with the provisions
of this section and a delineation of the specific conditions of such
compliance which shall be met prior to permitting the occupancy of
any building.
(c)
Certification that the applicant understands that all construction,
except as may be required by the following, may be stopped by the
governing body if he fails to correct damage to adjoining or nearby
properties resulting from the development and all conditions causing
such problems within 10 days from the date of notification by the
Borough Engineer that unreasonable damage has or is being caused and
that he understands that, if he fails to complete such corrective
action as may be required within an additional 10 days, the governing
body may instruct the Borough Engineer to cause such corrective action
to be taken at the applicant's expense, the cost of such action to
be deducted from the cash bond deposited with the Borough Clerk.
e.
Reproduction Fee. If the Board approves the final site plan, the
applicant shall file with the Borough Clerk, payable to the Borough
of West Long Branch, a fee of $60 plus $20 per sheet of supplementary
documentation to defray the cost of reproducing copies of the final
site plan for distribution as required. Following the payment of this
fee, a notation of the favorable action by the Board shall be signed
by the Board Chairman and the Board Secretary. The final site plan
should not be deemed to be approved until so signed.
f.
Distribution of Approved Final Site Plan. The Planning Board Elected
Secretary shall arrange to have copies of the signed final site plan
reproduced and shall file the master copy in the office of the Planning
Board Elected Secretary. The Planning Board Elected Secretary shall
send one copy of the signed final site plan to each of the following:
[Ord. #513]
a.
Requirements. Approval will be granted if the detailed drawings,
specifications and estimates of the application for final approval
conforms to the standards established by this section and the conditions
of preliminary approval.
b.
Time Limitations. Final approval shall be granted or denied within
45 days after submission of a complete application to the Borough
Clerk or within such further time as may be consented to by the applicant.
c.
Effect. All rights conferred upon the application by virtue of approval
of the site plan pursuant to N.J.S.A. 40:55D-52 shall not be changed
for a period of two years after the date of final approval.
If no building permit is issued within 12 calendar months, or
if no Certificate of Occupancy is issued within 24 calendar months
after the date of final approval, the site plan shall automatically
expire; provided, however, that the Board may, upon the request of
the applicant, extend the date on which the site plan approval expires
by 12 months if it finds that completion of the proposed construction
could not reasonably be expected to be accomplished prior to the expiration
of approval by reason of weather conditions, size of project, labor
difficulties or similar delaying difficulties.
[Ord. #513]
Whenever any application for development filed with the Planning
Board shall include an application for approval of a variance pursuant
to N.J.S.A. 40:55D-60, the Planning Board shall apply the same procedures
and standards required by all applicable statutes and the West Long
Branch Borough Zoning Ordinance to same. Unless the applicant consents
to an extension, the Planning Board shall act within the time period
specified in N.J.S.A. 40:55D-61.
[Ord. #513]
a.
Signatures. Any site plan presented to the Board for its approval
shall be drawn, signed and appropriately sealed by an architect, professional
engineer, or professional planner licensed to practice in the State
of New Jersey, however, that drainage plans and sewage treatment plans
may only be drawn by a professional engineer.
b.
Scale. Site plans shall be drawn at a scale of not less than one
(1") inch equals fifty (50') feet nor more than one (1") inch equals
ten (10') feet. If the standard scale requirements result in a sheet
size larger than eight and one-half by eleven (8.5" x 11") inches,
an additional site plan shall be submitted showing the entire site
at that sheet size reduction regardless of the resulting scale of
the plan.
c.
Building Plans. Attached building plans shall be drawn at a scale
of not less than one-eighth (1/8") inch equals one (1') foot.
d.
Required Information. The application for site plan approval shall
include and show the following information unless specifically found
irrelevant and waived by the Board:
1.
The name, title, address and telephone number of the applicant, the
owner and of the person preparing the plan, maps and accompanying
data.
2.
An appropriate place for the signatures of the Chairman and the Secretary
to the Board.
3.
An appropriate place for the signature of the Borough Engineer.
4.
The Borough Tax Map lot and block number or numbers of the premises
affected, as shown on the most up-to-date Borough Tax Maps, and the
dates thereof.
5.
A date, written and graphic scale and north sign on any maps or building
plans where appropriate.
6.
The zone district or districts in which the premises in question
are located and the zone district or districts within which all immediately
adjoining properties lie.
7.
All existing and proposed landscaped areas, existing trees over four
(4") inches caliper as measured one (1') foot above grade level, and
planting and plant material including size, type and location, upon
the premises in question.
8.
All existing and proposed signs and their sizes, nature of construction
and location and all existing and proposed exterior lighting, including
size, nature of construction, location, height, area and direction
of illumination and the lumen power.
9.
Any currently existing and/or proposed principal buildings and structures,
if any, the setback dimensions of all existing and proposed buildings
and structures, an indication of any structures or buildings to be
demolished or removed and the present and finished grade elevations
at all corners and at entrances of all existing buildings or structures
that are not to be demolished or removed and all proposed buildings
and structures.
10.
All floor plans and completed building elevation drawings of
any proposed structure or structures.
11.
The location, type and size of existing and proposed catch basins,
storm drainage facilities and all utilities, both above and below
ground including cross-sections and profiles.
12.
The location, type and size of all existing and proposed layouts,
thereof and all off-street loading areas, together with the dimensions
of all the foregoing and cross-sections of curb, sidewalks, driveways,
parking areas, together with center-line profiles of driveways greater
than one hundred (100') feet in length.
13.
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances which may affect the premises in
question, and the location, size and description of any lands contemplated
to be dedicated to the Borough of West Long Branch.
14.
The location, size and nature of the entire property in question,
and any contiguous property owned by the applicant or which the applicant
has a direct or indirect interest, even though only a portion of the
entire property may be involved in the site plan for which approval
is sought; provided, however, that where it is physically impractical
to show such entire property or contiguous property or properties
on one map, key map thereof shall be submitted.
15.
The locations, names and widths of all existing and proposed
streets abutting the premises in question, including the location
of all curbs and sidewalks, and the property lines that intersect
the boundaries of the property in question of all abutting properties,
together with the names and addresses of the owners as disclosed on
the Borough Tax Map and tax rolls on file in the Borough of West Long
Branch Municipal Offices on the date on the site plan application.
16.
Any significant natural features and topographic conditions
such as rock croppings, swamps, gullies, courses and bodies of water
and existing and proposed contours at two (2') foot intervals.
17.
Any and all other information and data necessary to meet any
of the requirements of this Chapter not listed above.
e.
Waiver of Requirements. If the applicant can demonstrate that, with
reference to his site plan, the literal enforcement of any of the
requirements or details to be shown on a site plan will exact an undue
hardship and are not necessary to be shown in order to insure that
the plan satisfies the standards of this section, the Board may permit
such a waiver or modification as may be reasonable and within the
general purposes of the section.
[Ord. #513]
a.
Identification of Preparer. Each map, drawing or other exhibit shall
include the name, address and certification of the licensed professional
surveyor, engineer, planner and architect, as applicable, responsible
for the preparation of each exhibit.
b.
Submission Requirements. The submission requirements for final site
plan review and approval shall include, but not be limited to, the
following:
1.
All information, maps, details, reports and other materials required
for the preliminary site plan submission.
2.
All additional information, maps, details, reports and any additional
material specifically required as a condition of preliminary approval.
3.
In the case of site plans related to applications for subdivision
approval, final plat and other materials as required in the subdivision
ordinances for final plat approval.
4.
A closed boundary survey showing the total land to be developed,
and the net tract area with accuracy within one square foot. All bearings
shall be referred to true meridian, including lot surveys, showing
marker locations (permanent monuments) for all land to be subdivided.
Existing buildings, roads (including present widths of adjacent streets),
easements, floodplains, wetlands, ponds, lakes, stream corridors and
watercourses, trees, woodlands individual trees of eight (8") inch
caliper or greater, all rights-of-way and easements, building dimensions
at ground level and existing contours at a minimum of two (2') foot
intervals shall be shown.
5.
The following information shall be required:
(a)
The location of cleared lands and all finished grades and limits
of clearing or grading.
(b)
The specified areas to remain as open space and the location,
size and proposed use of open spaces, parks, or other recreation areas.
(c)
The number of building units and parking spaces provided for
each specific area and the precise location of all parking spaces.
(d)
The location, finished grade elevation and gross floor area
of all existing and proposed buildings, structures or any other uses,
including all setback dimensions and indications of structures or
buildings to be demolished, removed or to remain.
6.
Landscaping plan, including but not limited to the following: proposed
landscape and buffer areas or screening devices to be provided, including
any existing areas to remain for landscaping or screening purposes,
planting details, and a schedule of the number and type of trees,
shrubs and planting.
7.
Building Plans. Typical architectural floor plans, sections and building
elevations with dimensions, shall be furnished for proposed buildings
or structures, including typical construction details, and outline
specifications indicating proposed exterior materials, structural
systems and finishes.
8.
Site Improvements Plan. The following information, in addition to
the requirements for the preliminary plan, shall be included on the
final plan:
(a)
The location and dimensions of all easements for water, sewerage
and utility lines.
(b)
The location, type and size of all existing and proposed water
and sanitary sewerage facilities, with construction details and profiles,
including fire hydrants and the size and location of all lines and
manholes.
(c)
Exterior lighting plan for site showing fixtures, location,
height, type, direction of illumination and lumen power.
(d)
The location, type and size of existing and proposed storm sewer
facilities, including inlets, catch basins, culverts or any other
drainage facility, with construction details.
(e)
The street cartway curbs and right-of-way for all roads to be
publicly dedicated, with construction details.
(f)
The paved shoulder setback and cartway for nondedicated roads
to be used by the public.
(g)
Profiles of all roads and streets.
(h)
Cross-sections of roads by type showing construction details
and curb or stabilized shoulder improvements.
(i)
Clear sight dimensions at all intersections.
(j)
Finished grades for all roads at minimum two (2') foot intervals
and low point and high points.
(k)
Details and locations of traffic control signs.
(l)
Horizontal curve radii dimensions on all curves. Vertical curve
radii dimensions.
(m)
The location and design of existing and proposed entrances and
exits to public rights-of-way, including the possible utilization
of traffic signals, channelizations, acceleration and deceleration
lanes, additional pavement width or any other device necessary to
accomplish traffic safety and/or convenience.
(n)
The capacity of proposed parking areas, the location of all
off-street parking stalls and off-street parking loading areas.
(o)
The location, type and dimensions of all existing and proposed
curbs, sidewalks, driveways, fences, retaining walls and parking areas.
9.
Staging Plan. For any area that will be developed in stages, the
Board may require the applicant to submit a total development plan
in such detail as required by the Board. Developers of large uses
may request, and the Board may approve, the construction of such uses
in stages provided that the site plan is accompanied by a sectionalization
and staging plan showing the following:
(a)
The anticipated date for commencing construction of each section
or stage. The staging of development of the site shall be such that
if development of the site were discontinued after the completion
of any stage, the developed portion of the site would comply in all
respects to the requirements of this section and be provided with
adequate drainage and utility systems.
(b)
Those improvements that will be completed in each stage prior
to application for Certificate of Occupancy. The plan should demonstrate
that the staging of construction will minimize adverse effects upon
occupied buildings in the site and adjoining properties.
(c)
Written descriptions of the proposed operation in sufficient
detail to indicate the effects of the use in producing traffic congestion,
noise, glare, air pollution, fire hazards or safety hazards. The written
description shall also include the hours of operation of the use,
the number of shifts to be worked, the number of employees in each
shift, the number of vehicles to be stored or parked on the site and
provisions to be made for site maintenance.
10.
Signs. All existing and proposed signs showing size, location,
type of construction, lettering, height and orientation, including
identification signs, traffic signs, directional signs, free-standing
and facade signs.
11.
Other Required Information. Such other information as the Board
and the Borough Engineer may request and determine necessary for proper
consideration of the application, which may include:
(a)
Typical wall, fencing and screening details.
(b)
Design details of areas for refuse and garbage storage, including
the location, design and construction details for all enclosures,
including landscaping and screening.
(c)
Approval by the Borough Engineer of conformance with the Master
Drainage Plan and all drainage and floodplain requirements.
(d)
Proof that no taxes or assessments for local taxes are due or
delinquent on the tract.
(e)
Quantity of improvements, subject to the performance and maintenance
guarantees as necessary for cost estimate to be prepared by the Board
Engineer.
(f)
A soil erosion and sediment control plan.
(g)
Required State and County permits, e.g. permits for off-site
or off-tract public sewerage facilities, grading, soil erosion and
sediment control, floodplain encroachment or stream encroachment.
12.
Comparison to Preliminary Plan. A written report providing a
comparison of each section of the plan, as submitted for final approval,
with all aspects of the approved preliminary plan.
[Ord. #513]
The following design standards and regulations apply to all
applications for site plan approval:
a.
Soil Erosion and Sedimentation. All developments shall protect streams,
lakes and ponds from sedimentation and shall control erosion in accordance
with "Standards for Soil Erosion and Sediment Control in New Jersey,
" set forth in "The Soil Erosion and Sediment Control Act, Chapter
251, Laws of 1975" as amended and supplemented, or upon the adoption
of a soil erosion and sediment control ordinance by the Municipality.
All developments may be required to submit an erosion and sediment
control plan and a sequence of installation or application of planned
erosion and sediment control measures as related to the progress of
the development, as part of the preliminary plat or site plan which
shall be subject to approval by the Planning Board Engineer.
b.
Storm Water Run-Off Restrictions. In all proposed subdivisions and
institutional developments with an area of two and one-half (2 1/2)
acres or more, and in all business, professional, commercial and industrial
development comprising a site or tract area of one acre or more, the
maximum design for storm water run-off shall be 115% generated by
the site in its natural conditions, unless downstream facilities have
been determined to be fully adequate. All run-off calculations shall
be based on the Rational Formula or the New Jersey Department of Environmental
Protection's Design Flood Runoff Index Curves. The design criteria
for the use of these methods is available from the office of the Borough
Engineer. In addition, any other method of calculating storm water
run-off that is subsequently adopted for use by the Division of Water
Resources of the New Jersey Department of Environmental Protection
shall also be acceptable.
[Ord. #513; Ord. #O-08-07, S XII]
Improvements for residential developments shall be designed
and constructed in accordance with the Residential Site Improvement
Standards (N.J.A.C. 5:21 et seq.). All other development shall be
designed and constructed in accordance with the requirements herein.
Should improvements be required which are not provided for within
the particular sections of this Chapter, they shall be designed and
constructed in accordance with sound and accepted engineering practices
and recognized design standards. The developer (or his engineer) shall
submit detailed design calculations and construction specifications
in each such instance. Prior to the completion of such specialized
design the particular standards to be utilized shall be submitted
for review by the Planning Board and Borough Engineer.
a.
Type of Pavement. All parking areas, passageways and driveways shall
be constructed with either bituminous concrete flexible pavement structure
or a Portland cement concrete rigid pavement structure. Only one type
of pavement shall be utilized throughout any site. Semi-pervious surface
materials may be utilized under special conditions, as approved by
the Planning Board Engineer.
b.
Pavement Structure Design. The pavement structure design for each
particular site utilizing either a flexible or rigid pavement type
shall be the responsibility of the developers (or his engineer). The
pavement design shall be based upon traffic loading projections and
field sampling and laboratory analysis of the subgrade soils to be
encountered in roadway areas in the site and shall follow current
design recommendations of the Asphalt Institute, Portland Cement Concrete
Association or such other generally recognized standards as may be
acceptable to the Planning Board. As a minimum requirement rigid Portland
cement paving shall be expansion joint type paving utilizing joints
similar to Type A expansion joints, according to the Standard Construction
Detail of the New Jersey Department of Transportation; shall be reinforced,
constructed with Class B air entrained concrete and shall have a minimum
thickness of six (6") inches. Flexible bituminous concrete pavements
shall consist of at least four (4") inches of hot mix bituminous stabilized
base course and a minimum wearing surface of not less than one and
one-half (1 1/2") inches of pavement, Type FABC-1, (minimum total
pavement thickness: five and one-half (5 1/2") inches) or other
appropriate pavement composition determined as previously enumerated
in this section, all in accordance with the applicable requirements
of the Standard Specification.
c.
Sidewalks and Curbing. Sidewalks with a minimum width of four (4')
feet and a minimum thickness of four (4") inches shall be provided
in all parking areas for five or more vehicles, between parking areas
and principal structures, along aisles and driveways, and wherever
pedestrian traffic shall occur. Sidewalks must be raised and curbed
six (6') inches above the parking area except where crossing streets
or driveways, and wherever pedestrian traffic shall occur. Sidewalks
and parking areas must be arranged to prevent cars from overhanging
or extending over sidewalk areas. All sidewalk construction shall
be in accordance with the applicable requirements of the Standard
Specification. Sidewalk areas crossing driveways shall be six (6")
inches reinforced with welded wire fabric (66-12) or equivalent approved
by the Borough Engineer.
d.
Topsoil Preservation. No topsoil shall be removed from the site or
used as spoil. All topsoil moved during the course of construction
shall be redistributed on all regraded surfaces so as to provide an
even cover and shall be stabilized by seeding or planting. All regraded
areas shall be covered with a four (4") inch minimum thickness.
e.
Tree Removal. No tree of eight (8") inch caliper or more, located
on a lot between the borders of the lots and building setback line,
shall be removed except for the installation of a driveway aisle or
parking area unless such approval is in accordance with a plan approved
by the Planning Board.
f.
Specifications. All planting, clearing, selective thinning, topsoiling,
seeding and other landscaping work shall conform to the applicable
requirements of the Standard Specifications.
[Ord. #513; Ord. #O-08-07, S XIII]
a.
General Requirements. All storm drainage facilities for residential
developments shall be designed and constructed in accordance with
the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).
All other development shall be constructed in accordance with the
applicable requirements of the Standard Specifications. The developer
or his engineer shall submit complete calculations, specifications,
plans and details for all proposed storm drainage facilities. Any
field samples or laboratory tests required to document conclusions
of such calculations shall be performed to the sole expense of the
developer.
b.
Storm Drain Pipe. All storm drain pipe shall be either slip joint
type reinforced concrete or corrugated metal pipe meeting the requirements
of the Standard Specifications and of all thickness sufficient to
meet the proposed conditions of service; but in any event, no wall
thickness less than Class 3, Wall B for concrete pipe or Number 14
gauge for corrugated metal pipe shall be allowed. No concrete pipe
may be laid on grades exceeding 8%. Concrete pipe below thirty-six
(36") inches in size will be joined using a preformed bituminous mastic
pressure type joint sealer or other equivalent approved joint. All
corrugated metal pipe shall be fully bituminous coated with paved
invert and of a gauge meeting the requirements of the Standard Specifications
sufficient for the proposed service. All storm drains shall be tangent
between inlets, manholes or other structures. Prior to laying any
storm drains, the bottom of all trenches shall be inspected by the
Borough Engineer. Should the engineer determine that the trench is
unsuitable for the placement of the pipe, the developer shall take
all the necessary action to remove or eliminate any unsuitable conditions.
These may include, but are not limited to: excavation and backfill
with suitable material, placement of bedding material, construction
of pipe graters or other actions necessary to remove all unsuitable
conditions.
c.
Types of Inlets. All street inlets shall be New Jersey Department
of Transportation Standard Type B. All yard inlets shall be Standard
Type A or B. Casting heights on any streets shall be two (2") inches
greater than the specified curb face and the gutter shall be properly
transitioned approximately ten (10') feet on either side of the inlet.
d.
Headwalls. All pipe terminations shall be provided with poured concrete
headwall, precast concrete end sections or corrugated metal end sections
in accordance with the approved engineering drawings submitted with
the site plan. Poured concrete headwalls shall be wing type headwalls
in accordance with the Standard Construction Details.
e.
Inlets and Manholes. Inlets and manholes shall be constructed where
required in accordance with the requirements of the Standard Specifications
and Standard Construction Details.
f.
Open Channels. Open channels shall be designed to contain the required
flow and shall have a design velocity low enough to prevent erosion.
The minimum easement for open channels shall be the maximum design
top width of the channels plus twenty-five (25') feet rounded to the
next highest five (5') foot increment. The excess easement area shall
be provided offset to that side of the channel most convenient for
use by maintenance crews. The minimum distance between the channel
top edge and any easement line shall be five (5') feet. Excess velocity
in open channels must be controlled by sod, riprap, paving, ditch
checks or other suitable methods. Changes of direction in open channels
must have a minimum radius of eight hundred (800') feet or be adequately
paved or riprapped.
g.
Guardrail and railing shall be placed at all drainage structures
where the interest of pedestrian or vehicular traffic safety would
dictate. The Planning Board may require that any open channel or other
than natural occurring streams, be fenced with four (4') foot high
chain link fencing if the banks of the channel are steeper than one
(1") inch vertically for every three (3") inches horizontally in either
(1) the total depth of the channel exceeds four (4") inches or (2)
the channel would be expected to have a depth of flow greater than
three (3") inches more than once every 10 years. For maintenance purposes,
gates may be required by the Planning Board at approximately two hundred
(200') foot intervals.
h.
Retaining walls installed in slope control areas shall be constructed
of heavy creosote timber or logs, or reinforced concrete, other reinforced
masonry or of other acceptable construction and adequately designed
to carry all earth pressures including any surcharges. The heights
of retaining walls shall not exceed 1/2 of the horizontal distance
from the foundation wall of any building to the face of the retaining
wall.
i.
The developer shall take all necessary precautions to prevent any
siltation of streams during the construction of the site. If required
by the Planning Board as a condition of approval or by the Planning
Board Engineer during construction, the developer shall provide adequate
provisions to prevent all deposits of silt or other eroding material
in any stream or water course. Such provisions may include, but not
be limited to, construction and maintenance of siltation basis or
hold ponds throughout the course of construction.
[Ord. #513]
a.
Design Storm Frequency for Closed Conduits. Ten years, or if the
above results in a conduit size at least equivalent to a sixty (60")
inch reinforced concrete pipe — 25 years.
b.
Design Storm Frequency for Open Channels. Ten years, or if the tributary
area exceeds 320 acres — 25 years.
c.
Run-off Calculations. Run-off determination should be made using
the rational formula or, in unusual cases, other methods with the
prior approval of the Planning Board. Upstream areas should be considered
based on the full development potential according to current zoning
or current use, whichever is most restrictive. Run-off coefficients
used should generally fall in the following ranges classification:
fully developed public parks, open space and land conservation range
of coefficient 0.15-0.30; low density residential 0.30-0.45; minimum
density residential 0.40-0.60; high density residential 0.55-0.70;
commercial and industrial 0.60-0.90; pavements, roadways, shoulders
1.00.
d.
Velocity Restrictions in General; Closed Conduit. Velocity in closed
conduit at design flow should be at least two and five-tenths (2.5')
feet per second but not more than the velocity which would cause erosion
damage to the conduit.
e.
Velocity Restrictions in General; Open Channel. Velocity in open
channel at design flow shall be not less than one-half (1/2') foot
per second (0.5 FPS) and not greater than the velocity which will
begin to cause erosion or scouring of the channel. Sufficient soil
testing to determine the character of the channel shall be made by
the developer and shall be made available to the Planning Board at
the time of drainage review.
f.
Design Formula and Friction Factors. The Manning Formula will be
used by the Borough Engineer to review the adequacy of proposed drainage
facilities. Other formula may be used in particular cases with the
previous agreement of the Planning Board. A friction factor ("n")
of 0.012 will be used for non-porous concrete pipe; a factor of 0.024
will be used for fully coated corrugated metal pipe. Commensurate
factors will be used for other pipe types or shapes. A friction factor
("n") not less than 0.012 will be used for fully lined concrete channels:
a factor not less than 0.025 will be used for good earth channels
and a factor of not less than 0.05 will be used for fair to poor natural
streams and water courses. Commensurate factors will be used for other
channel types.
g.
All drainage facilities carrying run-off from tributary areas larger
than 1/2 square mile or 320 acres must be a stream encroachment approval
of the New Jersey Department of Environmental Protection, Division
of Water Resources. Evidence of such approval shall be required to
be submitted prior to the final approval of the site plan.
h.
All non-pipe culverts under roadways shall be designed for AASHO
H20-44 loading. All culverts of any type shall be carried to the roadway
right-of-way and shall terminate with headwalls or other approved
end treatment. All conduits terminating or beginning in open channels
shall be provided with headwalls or other appropriate end treatment.
i.
Responsibility for Design. Within the criteria established by and
subject to the review and approval of the Planning Board, all designs
of a site are the responsibility of the developer, and he shall be
responsible for and bear the entire cost of any and all investigations,
tests, reports, surveys, samples, calculations, designs, researches
or any other necessary to the completion of the site design. The standard
set in this ordinance shall be taken to be the minimum necessary to
meet its purposes as set forth elsewhere herein. The responsibility
of the Planning Board shall be to see that these minimum standards
are followed and, in those cases not covered by these standards sufficient
precautions are taken to assure that the eventual site design is conducive
to the implementation of the purposes of this section. The Planning
Board may employ professionals in various disciplines to advise and
assist them in their determinations. Any decision of the Planning
Board regarding the suitability of sufficiency of any design proposal,
taken upon advice of their professional and subject to the provisions
of this section shall be deemed conclusive.
j.
Design Data. To properly execute the design of the site, it is anticipated
that the developer will obtain or cause to be obtained certain design
data including, but not limited to, soil test and analyses, traffic
studies and traffic projections, surveys, reports and similar design
data. Any and all data obtained by the developer, or by others retained
by him to complete the design of the site, shall be made available
to the Planning Board's professional consultants, for the purposes
of reviewing the proposed site design. Should the Planning Board feel
the design data submitted are not sufficient for the purposes of completing
a full review of the site proposal, they may request the applicant
provide such additional information as is deemed necessary. Until
the applicant supplies such information, no submission under the provisions
of this section shall be termed complete. Nothing contained herein
shall be interpreted to prevent the Planning Board from making or
causing to be made such independent studies, calculations or other
undertakings as they deem necessary in view of any proposal.
k.
Design Standards. When a developer determines that it will be necessary
to utilize design standards in addition to those minimum requirements
established herein, he is advised to consult the Planning Board, prior
to his beginning the detailed sign, for review and approval of his
proposed design standards. Standards utilized should be accepted national
standards, commonly used in this area. All such design standards shall
be approved by the Planning Board Engineer.
[Ord. #513]
a.
The Standard Specifications for road and bridge construction of the
New Jersey Department of Transportation (Current Edition), including
all addenda, and the Standard Construction Details of the New Jersey
Department of Transportation (Latest Revision), as modified supplemented,
amended, or superseded by the requirements of this ordinance, by particular
agreement by the Planning Board, Borough Council or by other applicable
municipal, County or State regulations, shall govern the completion
of the required improvements. Such Standard Specifications and Standard
Construction Details are hereby made a part of this section by reference.
It will be the responsibility of all developers to familiarize themselves
with these Standards, copies of which may be examined at the office
of the Borough Clerk and Borough Engineer, and may be obtained, upon
payment of the cost thereof, from the New Jersey Department of Transportation.
The requirements of this section, or approved site plan or particular
agreements and conditions of approval and of applicable municipal,
County, or State regulations shall govern and prevail in the case
of conflict with the Standard Specifications or Standard Construction
Details.
b.
Sewerage Disposal. The design and construction of approval of all
public systems (or extensions of existing systems), either publicly
or privately owned shall be under the jurisdiction of the North East
Monmouth County Regional Sewerage Authority. Prior to the approval
of any site plans, the full approval of any public sewerage disposal
system must have been obtained from the North East Monmouth County
Regional Sewerage Authority and where applicable, required State permits
and filed with the Planning Board.
[Ord. #513]
a.
Improvements To Be Installed. The applicant shall install or guarantee
the installation of the following improvements: grading, streets,
gutters, curbs and sidewalks; trees, culverts, storm sewers; drainage
structures; utilities (electric, telephone), water mains or other
means of water supply, sanitary sewers or other means of sewage disposal
and all appurtenances to such facilities properly connected with approved
systems of water supply and sewerage, as the case may be, and adequate
to handle all present and probable future development; fire hydrants;
and monuments.
b.
Responsibility for Cost of Improvements. The installation of all
improvements throughout the site plan shall be under the supervision
and inspection of the Borough Engineer and shall be at the expense
of the applicant and in accordance with the approved preliminary plan
as modified by the final plan or by other action of the Board and
governing body as herein provided and in accordance with law.
c.
Guide to Determining Required Improvements. In the determination
of the improvements to be required, consideration shall be given to:
1.
The characteristics of potential development of various parts of
the Borough as reflected in the Master Plan and the Zoning Ordinance.
2.
Providing safe, convenient and pleasant means for the movement of
traffic appropriate to the streets of the various classes defined
in this subsection.
3.
Protecting the public health, safety, comfort, convenience and general
welfare by provision for the proper distribution of water and for
adequate sewage disposal and stormwater drainage in a manner appropriate
to the existing and prospective types and intensity of development
in various parts of the Borough.
[Ord. #513]
All improvements shall be installed in complete accordance with
Borough specifications, shall comply with all applicable municipal,
County and State regulations, and where applicable to the proposed
development, shall comply with the standards set forth in Ordinance
139 entitled "The Land Subdivision Ordinance of the Borough of West
Long Branch, " which is incorporated by reference, or where applicable,
shall comply with the recommendations of the Planning Board Engineer
and Borough Engineer.
[Ord. #513]
All required improvements, except septic tanks and other associated structures, shall be subject to the inspection and approval of the Borough Engineer or other agency having jurisdiction, who shall be notified in writing by the applicant at least 48 hours prior to the start of construction. No underground installation shall be covered until it has been inspected and written approval by the Borough Engineer or other agency having jurisdiction delivered to the applicant. A copy of such approval shall be sent to the Borough Clerk. Approval of an installation does not constitute acceptance of the installation of public improvements shall be at the expense of the applicant and shall be paid by applicant pursuant to Subsection 18-13.25. Inspection costs shall be paid by the Borough upon vouchers duly submitted and approved. The Borough Clerk shall maintain a record of all inspection costs chargeable to the project and upon release of the performance guarantee and/or acceptance of the public improvements and release of the maintenance, the Borough Clerk shall return to the applicant any monies in excess of the total inspection costs up to the amount deposited. If the inspection costs exceed the amount deposited with the Borough Clerk, the applicant shall pay such additional amount as required to cover the total inspection costs.
[Ord. #513]
No building permit for a new structure or for any addition to
or alteration of an existing structure that is subject to site plan
approval or is part of a major subdivision in accordance with the
provisions of this subsection shall be issued by the Construction
Official until the completion of all required site improvements, exclusive
of buildings, has been certified to the Construction Official by the
Board, and the applicant has secured all other permits required by
law; provided, however, that the applicant may, in lieu of completing
such improvements prior to the granting of such building permit, file
with the Borough Clerk a performance guarantee sufficient in amount
to cover the cost of all such improvements or uncompleted portions
thereof that involve all public roads, facilities and structures intended
to become the property of the Borough of West Long Branch or intended
to be maintained by same and in an amount to cover the cost of correcting
drainage or erosion problems, including the silting of brooks or watercourses,
that may occur if the applicant fails to complete the project. Such
performance guarantee shall be in the form of cash, bond or other
acceptable security as determined by the governing body. The amount
of the performance guarantee shall be fixed by the Board and shall
not exceed 120% of the cost of the improvements as estimated by the
Borough Engineer.
[Ord. #513]
a.
Prior to the signing of a final plat, issuance of a Development Permit,
and/or the commencing of any clearing, grading or installation of
improvements, the developer shall have filed with the Borough a performance
guarantee.
1.
The guarantee shall be sufficient in amount to equal the total cost
to the Borough as estimated by the Borough Engineer, of constructing
those on-site, off-site and off-tract improvements necessary to protect
adjacent property and the public interest in the event development
of the subdivision or site were not completed. Such improvements shall
include, but are not limited to grading; surveyor's monuments; drainage
facilities necessary to protect off-tract areas from flooding; erosion
and sedimentation control facilities; required landscaping, buffers,
screening and fencing; all streets, curbs, gutters, culverts, storm
sewers, sanitary sewers, water mains, sidewalks, street lighting,
shade trees, and others as may be required. The applicant shall provide
preliminary estimated types and quantities of improvements to be reviewed
and verified by the Borough Engineer.
2.
Such guarantee shall assure the installation of such improvements
on or before an agreed date, guarantee the completion of all improvements
without damage to or interference with adjacent properties or public
facilities, and hold the Borough Council and the municipal agency
and their employees and agents harmless with respect to any acts of
the developer, its agents, successors, or assigns.
3.
The total estimated cost to the Borough of constructing all improvements
shall be based upon the estimated contract construction costs, which
would prevail upon expiration of the guarantee period, and shall also
include appropriate allowances for contract related costs such as
engineering, legal, financial, and other usual costs, which shall
be estimated to be 20% of the estimated contract construction costs.
(Performance guarantee equals 120% of cost of improvement installation.)
4.
Such performance guarantee may be in the form of cash, certified
check, negotiable securities, a performance bond issued by a bonding
company or surety company approved by the Borough Council and in form
acceptable to the Borough Attorney, or any other type of surety acceptable
to the Borough Council and in form acceptable to the Borough Attorney
provided that at least 10% of the performance guarantee shall be in
the form of cash or certified check drawn on an insured banking institution
in the State of New Jersey; provided, however, that all rights to
said 10% portion including the right to interest with dividends, be
assigned to the Borough in a form of assignment acceptable to the
Borough Attorney for a period of the bond and that the principal amount
without interest be returned to the developer upon completion of the
bonded improvements, or in the event of default, any interest and
principal shall be used by and for the benefit of the Borough in the
completion of said improvements. The surety company providing the
performance guarantee shall be approved and listed on Circular 570
(as amended) from the U.S. Department of Treasury.
b.
If at the time the performance guarantee is filed with the Borough
the developer has not also filed with the Borough proof that any other
necessary performance guarantees have been filed and accepted by governmental
bodies, authorities, public utility companies, and private utility
companies other than the Borough which have jurisdiction over improvements
in the site or subdivision, the amount of the performance guarantee
shall be increased to reflect the cost of such improvements.
c.
All performance guarantees shall run to and be in favor of the Borough
of West Long Branch in the County of Monmouth.
d.
The performance guarantee shall be approved by the Borough Attorney
as to form, sufficiency and execution and shall be subject to the
following conditions:
1.
Such performance guarantee shall run for a period to be fixed by
the Borough Council, but, in no case for a term longer than the period
of final approval (normally two years) set by N.J.S.A. 40:55D-1 et
seq. or for the installation of all or any portion of the improvements,
whichever is shorter.
2.
The time allowed for installation of improvements for which the performance
guarantee has been provided may be extended by resolution of the Borough
Council provided that, if required, the period of final approval has
been extended by the municipal agency in accordance with N.J.S.A.
40:55D-1 et seq. provided further that:
(a)
Such extension shall not exceed one year; and
(b)
There shall not be more than three such extensions; and
(c)
As a condition or as part of any such extension, the amount
of any performance guarantee shall be increased or reduced, as the
case may be, to an amount not to exceed 120% of the cost of the installation
of all uncompleted improvements as determined by the Borough Engineer
as of the time of the passage of the resolution.
(d)
As a condition or as part of any such extension, the amount
of inspection fees may be increased to cover the additional cost to
the Borough for the delay in completion of the improvements as determined
by the Borough Engineer if the balance of the original inspection
fee is deemed by the Borough Engineer to be insufficient. The developer
shall pay the additional fee of 5% of the cost of remaining items
to be inspected based on an estimate prepared by the Borough Engineer.
Any of these additional inspection fees remaining after the approval
of 100% of the improvements shall be refunded to the developer.
3.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Municipality for the reasonable cost of the
improvements not completed or corrected and the Municipality may either
prior to or after the receipt of the proceeds thereof complete such
improvements.
e.
If, during the period of the performance guarantee, the developer
fails to prosecute the work of completing the improvements so as not
to create hazards to life, health, property or public safety, the
Borough may, after five days' notice perform or cause to be performed,
any necessary corrective work and deduct the cost thereof from the
10% cash or certified check portion of the guarantee. Upon notice
of any such deduction, the developer shall, within 10 days, restore
the full 10% cash balance or his performance guarantee will be held
to be void and the Borough may take action as if final plat approval
had not been obtained.
f.
Upon completion and/or substantial completion of all required improvements
as defined in paragraph a above (except the final application of bituminous
concrete [wearing surface], street shade trees, concrete monuments,
and iron pins), and the connection of applicable improvements to the
public system, the obligor may notify the Borough Council in writing,
by certified mail addressed in care of improvements and shall send
a copy thereof to the Borough Engineer. The developer's or obligor's
design professional shall prepare and certify unto the Borough a detailed
list of completed and/or substantially completed improvements having
off-site, on-tract, and/or off-tract effect plus on-site improvements.
The detailed list shall be consistent with Schedule "A" of the performance
bond estimate originally prepared by the Borough Engineer for the
referenced project. Thereupon the Borough Engineer shall inspect all
improvements of which such notice has been given and shall file a
detailed report, in writing, with the Borough Council, indicating
either approval, partial approval or rejection of such improvements
with a statement of reasons for any rejection. The cost of the improvements
as approved or rejected shall be set forth.
g.
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 said report and the action of said 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 provisions of the improvements not
yet approved; provided that 30% of the amount of the performance guarantee
posted may be retained to ensure completion of all improvements. Failure
of the Borough Council to send or provide to constitute approval of
the improvements and the obligor and surety, if any, shall be released
from all liability pursuant to such performance guarantee for such
improvements.
h.
If any portion of the required improvements are rejected, the Borough
Council 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. Performance guarantee for the remaining
improvements not yet approved (30% minimum) shall be approved by the
Borough Attorney as to form, sufficiency, and execution, and shall
run for such additional period as it shall be deemed sufficient or
until acceptance of public improvements by the Borough.
Should the Borough Council approve or partially approve the
reduction request, the 10% cash or certified portion of the performance
guarantee provided by the obligor shall remain on deposit with the
Borough until such time all improvements are complete and accepted
by the Municipality. The performance guarantee for the remaining improvements
not yet approved (30% minimum) plus the 10% cash or certified portion
of the performance guarantee provided by the obligor shall be deemed
adequate to cover that partial reduction granted for which the obligor
is released from liability pursuant to the performance guarantee.
i.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Borough Council or the Borough Engineer.
j.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements provided that the Municipality may require of the developer,
a deposit for all or a portion of the reasonably anticipated fees
to be paid to the Borough Engineer for such inspection and, provided
further, that such reasonably anticipated fees are hereby determined
and set forth in this Chapter.
k.
In the event that final approval is by stages or sections of development
pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-38, Subsection
a., the provisions of this section shall be applied by such stage
or section.
[Ord. #513]
a.
Duties of Borough Engineer, Borough Attorney, and Borough Clerk.
No performance guarantees shall be presented for approval of the Borough
until the municipal officials listed below have performed the following
and have made certification of their performance, in writing to the
Borough Council.
1.
Borough Engineer. The Borough Engineer shall:
(a)
Where applicable, examine the plat map of a subdivision to make
certain that it complies with all State laws and this Chapter relative
to the preparation and filing of maps or plans for the subdivision
of land.
(b)
Determine those acts or things the applicant is to do to protect
the Borough, such as to provide proper drainage, streets, curbs, signs,
monuments or any other item or thing and the cost of each, as well
as the maximum time he recommends granting the applicant to provide
each item or all items; also, advise the applicant of the amount required
to pay the Borough as a proper inspection, testing and administration
fee.
2.
Borough Clerk. The Borough Clerk shall:
(a)
Ascertain that the plat of a site plan or subdivision has been
approved by the Monmouth County Planning Board and the Borough Planning
Board or Board of Adjustment.
(b)
Determine if the landowner is an individual, corporation, or
partnership; if an individual, his full name and address, if a corporation,
its correct name, date, and state of incorporation, the name of its
President and Secretary and location of its principal office in this
State; if a partnership, the names and addresses of all partners.
(e)
The Borough Engineer's certificate shall also state and give
the nature of cash, or its equivalent, deposited as a portion or all
of the performance guarantee (i.e., cash, certified check, cash escrow
deposit, or other security).
3.
Borough Attorney. Upon receipt from the Borough Clerk of the surety
bond and the Engineer's certificate, the Borough Attorney shall promptly
examine said bond and determine whether or not it is correct in form,
content and execution. If the bond is not correct, the Borough Attorney
shall directly notify the applicant of its shortcomings. When the
bond is or has been made correct, the Borough Attorney shall make
a written certificate to that effect to the Borough Council. Thereupon
said Attorney shall deliver the bond and Engineer's and Attorney's
certificates to the Borough Clerk.
4.
Borough Clerk. Upon the receipt from the Borough Attorney of the
bond and certificates of the Engineer and Attorney, the Borough Clerk
shall:
(a)
Collect from the applicant the proper fee or fees, if any, payable
to the Borough in accordance with the Engineer's certificate.
(b)
Place the matter of approval of bond(s) on the agenda of the
next regular meeting of the Borough Council for its consideration.
(c)
Submit the bond, certificate and fees to the Borough Council
at the next regular meeting of said Council.
b.
Certificates — Form, Dating. Each of said certificates shall
be dated and written in letter form upon the stationery of the maker
or of the Borough and signed by him or his authorized agent or representative.
c.
Bond Requirements. There must be attached to said bond an authority
of the surety company empowering the person or persons who executed
said bond for the surety company to do so. If the bonding company
is not a New Jersey Corporation, there should also be attached to
the bond proof of its authority to do business in New Jersey and a
copy of its last financial statement, made not more than one year
before, showing its financial condition. If the principal on the bond
is a corporation, there must be attached to the bond a certified copy
of a resolution adopted by its Board of Directors authorizing the
execution and delivery of said bond. Said bond must also bear the
corporation seal of the surety company and the seal, corporate or
otherwise of the principal.
d.
Copies. The Borough Clerk and Administrative Officer shall keep a
supply of copies of these bond requirements in his office for the
use of applicants and the general public.
[Ord. #513]
a.
General Requirements. Where the municipal agency determines that
off-tract improvements are necessary for the property development
and utilizing of the proposed site or subdivision and the surrounding
area, it may require either: (1) that such off-tract improvements
be installed; or (2) that the developer contribute to the installation
of such off-tract improvements. Where the municipal agency has determined
that off-tract improvements are required, it shall be a condition
of the granting of final approval that such improvements be constructed
or that the developer shall make payments toward the ultimate installation
of off-tract improvements such as, but not limited to, streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers
and culvert, monuments and street lights, all in accordance with the
specifications governing on-tract improvements.
b.
Cost Allocation. If the municipal agency determines that the developer
may contribute toward required off-tract improvements in lieu of such
improvements being installed, the municipal agency shall allocate
the cost of same off-tract improvements in accordance with the standards
hereinafter set forth. The improvement of a stream and/or widening
of, or the construction of drainage or other improvements in, a street
or road fronting on the tract to be subdivided and/or developed shall
not constitute an off-tract improvement and the cost of said improvement
shall not be allocated.
1.
The allocation of the cost of off-tract improvements shall be determined
in accordance with the following:
(a)
The municipal agency may consider the total cost of the off-tract
improvements, the benefits conferred upon the site or subdivision,
the needs created by the site or subdivision, population and land
use projects for the general areas of the site or subdivision and
other areas to be served by the off-tract improvements, the estimated
times of construction of off-tract improvements and the condition
of periods of usefulness, which periods may be based upon the criteria
of The Local Bond Law N.J.S.A. 40A:2-22. The municipal agency may
further consider the criteria set forth below.
(b)
Road, curb, gutter, and sidewalk improvements may be based upon
the anticipated increase of traffic generated by the site or subdivision.
In determining such traffic increase, the municipal agency may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area, and other factors related to the
need created by the site or subdivision and anticipated thereto.
(c)
Drainage facilities may be based upon the percentage relationship
between the site or subdivision acreage and the acreage of the total
drainage basins involved or upon calculations developing the percentage
contribution that the storm run-off from a particular site or subdivision
bears to the total design capacity of any improvement; the particular
methods to be selected in each instance by the Borough Engineer.
(d)
Water supply and distribution facilities and sewerage facilities
shall be based upon a proportion as determined by the current rules
and regulations or procedures of the West Long Branch Borough Public
Utilities Department.
2.
All monies received by the Borough in accordance with the provisions
of this section shall be paid to the Borough Treasurer who shall provide
for a suitable depository therefor. Such funds shall be used only
for the improvements for which they are deposited or improvements
serving the same purposes unless such improvements are not initiated
for a period of five years from the date of payment, after which time
said funds shall be transferred to the capital improvement fund of
the Municipality.
3.
The apportionment of costs shall be determined by the municipal agency.
The developer shall be afforded an opportunity before said Board to
present evidence relative thereof.
c.
Assessment Not Precluded. Nothing in this section of the Chapter
shall preclude the Municipality from assessing any property benefiting
from the installation of any off-tract improvements as provided in
this section pursuant to the provisions of the Revised Statutes of
New Jersey, an allowance being made to the respective parcels of realty
for payments herein.
[Ord. #513]
Before any developer effectively assigns any of his interest
in any preliminary or final approval, he must notify the Administrative
Officer and supply detailed information with regard to the name, address,
principals, type of organization, competency, experience, and past
performance of the assignee, transferee, or agent. Notice of such
assignments or transfer shall be given no later than 10 days after
its effective date. The assignee must be made acquainted with all
the conditions of approval and the developer shall so certify.
[Ord. #513]
a.
No contractor, building or subcontractor shall engage any personnel
in any of the work involving construction of improvements unless they
are continuously supervised by a competent, English-speaking supervisor
acceptable to the Borough Engineer.
b.
No less than five days prior to commencing construction of any improvements
on the site, the developer or his agent shall provide the Borough
Engineer with the names, addresses, phone numbers and emergency phone
numbers of the subdivider and/or a representative empowered to act
for the developer and/or each contractor and their supervisor in charge
of the construction, setting forth the aspect of construction for
which each is responsible.
c.
The Borough Engineer shall supervise the implementation of the approved
subdivision or site design and make periodic reports to the Borough
as well as to the developer regarding conformance of the construction
with the requirements of final approval.
[Ord. #513; Ord. #O-08-21]
a.
Inspection, Testing and Engineering Administration Fees. Prior to
signing of any final plat, issuance of a Development Permit or the
start of construction of any improvements required by the provisions
of this Chapter, the developer shall deposit by cash or certified
check with the Borough Clerk an amount equal to, except for extraordinary
circumstances, the greater of $500 or 5% of the required improvements.
Said amount shall be used to defray the cost of inspection, testing,
engineering, administration, and other costs, and fees paid by the
Borough in connection with the inspection and acceptance of the installation
of the required improvements. All monies received on account of engineering
and inspection fees shall be deposited by the Borough Treasurer in
an appropriate account. The Borough shall arrange for the Borough
Engineer, the appropriate municipal officials or other qualified persons
to provide all necessary administrative and engineering services.
No portion of any fee shall be returned nor shall any additional fee
be imposed if the actual cost of administrative and engineering services
shall be less or greater than the monies received.
b.
Inspection Notice. All required improvements except those utility
improvements which are not the responsibility of the Borough shall
be subject to inspection and approval by the Borough Engineer, who
shall be notified by the developer at least five days prior to the
initial start of construction and again 24 hours prior to the resumption
of work after any idle period exceeding one working day. All of the
utility improvements shall be subject to inspection and approval by
the owner of or agency controlling the utility who shall be notified
by the developer in accordance with the utilities' requirements. No
underground installation shall be covered until it is inspected and
approved by the owner of or agency controlling the utility or by the
Borough Engineer in all other cases. With respect to landscaping,
inspection and approval notification shall be given by the developer
to the Shade Tree Inspector pursuant to this section.
c.
Modification of Improvements. Any time, whether as a result of his
inspection of work underway or otherwise, the Borough Engineer may
recommend that the developer be required to modify the design and
extent of the improvements required, notifying the municipal agency
of his recommendations. The municipal agency shall, if it considers
such modification to be major, or if requested by the developer or
Borough Engineer, take formal action to approve or disapprove such
recommendations; provided, however, that it must first afford the
developer an opportunity to be heard. If the agency takes no formal
action within 30 days of such recommendations, or where the developer
has not requested formal municipal agency action, its approval will
be assumed. Similarly, the municipal agency may grant or deny the
developer permission to effect such modification upon his application
and the Borough Engineer's approval. In either event, where such modification
is to be effected, the appropriate plat must be revised by the developer
or his engineer to reflect such modification and sufficient copies
thereof submitted to the Administrative Officer for distribution.
d.
General Inspection Requirements. All improvements except as otherwise
provided, shall be subject to inspection and approval by the Borough
Engineer. No underground installation shall be covered until inspection
and approved by the Borough Engineer or those agencies having jurisdiction
over the particular installation. If such installation is covered
prior to inspection, it shall be uncovered or other inspection means
used, such as a television or other pipeline camera as may be deemed
necessary by the Borough Engineer, and charges for such work will
be paid for by the developer.
e.
Inspection Not Acceptance. Inspection of any work by the Borough
Engineer, or his authorized representative, shall not be considered
to be final approval or rejection of the work, but shall only be considered
to be a determination of whether or not the specific work involved
was being done to Borough specifications or other required standards
at the time of inspection. Any damage to such work or other unforeseen
circumstances such as the effect of the weather, other construction,
changing conditions, settlement, etc. between the time of installation
and the time that the developer wishes to be released from his performance
guarantee, shall be the full responsibility of the developer, and
no work shall be considered accepted until release of the performance
guarantee.
f.
Payments to Contractors. No developer shall enter into any contract
requiring the Borough Council, the engineer, or any of their agents,
employees or other representatives to make any declaration, written
or otherwise, as a condition of payment of said developer to a contractor
as to the acceptance or rejection of the work. Neither the Borough
Council, Borough Engineer, nor any of their agents, employees, or
representatives shall make any such declaration.
g.
Procedure on Acceptance of Public Improvements. When the developer
has constructed and installed the streets, drainage facilities, curbs,
sidewalks, street signs, monuments and other improvements in accordance
with Borough regulations, standards and specifications, and desires
the Borough to accept the said improvements, he shall, in writing,
addressed to and in a form approved by the Borough Council, with copies
thereof to the Borough Engineer, request the Borough Engineer to make
a semi-final inspection of the said improvements. If the improvements
have been construed under a performance guarantee after approval of
a final plat, the developer shall submit an as-built plan showing
as-built grades, profiles and sections and locations of all subsurface
utilities such as french drains, combination drains, sanitary sewerage
disposal systems, both public and individual water lines, and control
lines, telephone conduits, monuments, iron property markers, and any
other utility or improvements installed other than as shown on the
approved final plat. Said as-built plan shall be certified to by a
licensed New Jersey professional engineer. If any improvements are
constructed prior to final plat approval, the final plat shall reflect
all changes and as-built conditions and be so certified. Said as-built
plan(s) shall be submitted on reproducible media.
[Ord. #513]
a.
It shall be the responsibility of the developer to maintain the entire
site or subdivision in a safe and orderly condition during construction.
Necessary steps shall be taken by the developer to protect occupants
of the site or subdivision and the general public from hazardous and
unsightly conditions during the entire construction period. These
steps shall include, but are not limited to the following:
1.
Open excavation shall be enclosed by fencing or barricades during
nonconstruction hours. Movable barricades shall be equipped with yellow
flashing hazard markers or other lighting during the hours of darkness.
2.
The excavation of previously installed sidewalk and pavement areas
which provide access to occupied buildings in the site or subdivision
shall be clearly marked with signs and barricades. Alternative safe
access shall be provided for pedestrians and vehicles to the occupied
buildings.
3.
Materials stored on the site shall be screened from the view of occupants
of the subdivision or site and adjoining street and properties.
4.
Construction equipment, materials and trucks shall not be stored
within one hundred fifty (150') feet of occupied buildings in the
site or subdivision and adjoining streets and properties during nonconstruction
hours.
5.
Safe vehicular and pedestrian access to occupied buildings in the
site of subdivision shall be provided at all times.
6.
Construction activities which create obnoxious and unnecessary dust,
fumes, odors, smoke, vibrations, or glare noticeable in occupied buildings
in the subdivisions or site and adjoining properties and streets shall
not be permitted.
7.
Construction activities which will result in damage to trees and
landscaping in occupied buildings in the site or subdivision or adjoining
properties shall not be permitted.
8.
All locations and activities in the site or subdivision which present
potential hazards shall be marked with signs indicating the potential
hazard.
9.
Unsightly construction debris, including scrap materials, cartons,
boxes and wrappings must be removed daily at the end of each working
day.
10.
Whenever construction activities take place within or adjacent
to any traveled way, or, interfere with existing traffic patterns
in any manner, suitable warning signs, conforming to the requirements
of the Uniform Manual of Traffic Control Devices, will be erected
and maintained by the developer.
b.
Should the developer fail in his obligation to maintain the site
or subdivision in a safe and orderly condition, the borough may, on
five days' written notice or immediately in the case of hazard to
life, health or property, undertake whatever work may be necessary
to return the site or subdivision to a safe and orderly condition
and deduct the cost thereof from the 10% cash or certified check portion
of the performance guarantee. Upon notice of such deduction, the developer
shall, within 10 days, restore the full 10% cash balance or his performance
guarantee will be held to be void and the Borough may take action
as if final plat approval had not been obtained.
c.
The Construction Official shall, upon receiving notice from the Borough
Engineer that a developer is in violation of this section, suspend
further issuance of Certificates of Occupancy and building permits
and may order cessation of work on any outstanding permits.
[Ord. #513]
a.
No permanent Certificate of Occupancy shall be issued for any use
or building until all required improvements are installed and approved
by the Borough Engineer or other appropriate authority.
b.
No temporary Certificate of Occupancy shall be issued for any use
or building involving the installation of utilities or street improvements,
parking areas, buffer areas, storm drainage facilities, other site
improvements, the alteration of the existing grade on a lot or the
utilization of a new on-site well or sanitary disposal system unless
the Borough Engineer or other appropriate authority shall have, where
applicable, certified to the following:
1.
Utilities and Drainage. All utilities, including, but not limited
to, water, gas, storm drains, sanitary sewers, electric lines and
telephone lines shall have been properly installed and service to
the lot, building or use from such utilities shall be available.
2.
Street Rights-of-Way. All street rights-of-way necessary to provide
access to the lot, building or use in question shall have been completely
graded and all slope retaining devices or slope planting shall have
been installed.
3.
Sidewalks. All sidewalks necessary to provide access to the lot,
building or use in question shall have been properly installed.
4.
Streets. Curbing, and the bituminous base course of bituminous concrete
streets or the curbing and pavement course for portland cement concrete
streets necessary to provide access to the proposed lot, building
or use shall have been properly installed.
5.
Curbing and Parking Areas. Curbing and the bituminous base course
of parking areas necessary to provide access to the required number
of parking spaces for the building or use in question shall have been
properly installed.
6.
Obstructions. All exposed obstructions in parking areas, access drives
or streets such as manhole frames, water boxes, gas boxes and the
like shall be protected by building to the top of such exposures with
bituminous concrete as directed by the Borough Engineer.
7.
Screening, Fences, and Landscaping. All required screening, fencing
and/or landscaping related to the lot, building or use in question
shall have been properly installed unless the Borough Engineer shall
direct the developer to delay the planting of screening and landscaping
until the next planting season in order to improve the chances of
survival of such plantings.
8.
Site Grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
9.
On-Site Wells. All on-site wells shall have been installed, tested
and approved by the Board of Health.
10.
On-Site Sanitary Disposal Systems. All on-site sanitary disposal
systems shall have been installed and approved by the Board of Health.
11.
Public Water Supply. Where the proposed lot, building or use
is served by a public water supply, said supply shall have been installed
and tested and all required fire hydrants or fire connections shall
have been installed and tested and approved.
12.
Lighting. All outdoor lighting shall have been installed and
shall be operational.
13.
Street Signs and Traffic Control Devices. All street signs,
paint lining and/or traffic control devices affecting the proposed
lot, building, or use, and required under the terms of approval of
a subdivision or site plan or by Federal, State, County, or municipal
rules, regulations, or laws, shall have been installed.
14.
Performance Guarantee. The Engineer shall have received a statement
signed by the developer and any entity providing any performance guarantee,
which contains language identical or similar to the following: "The
issuance of any Certificate of Occupancy (temporary or permanent)
shall not be a basis for any claimed reduction in any performance
guarantee."
15.
Other. Any other conditions established for issuance of a Certificate
of Occupancy by the municipal agency as a condition of final site
plan approval shall be complied with.
c.
Temporary Certificates of Occupancy shall be issued for a specified
period of time, not to exceed one year and the applicant shall post
a cash guarantee with the Borough in an amount equal to the cost,
to the Borough, of constructing all uncompleted improvements, prior
to the issuance of any such temporary Certificate of Occupancy. All
improvements shall be completed within three months after 85% occupancy
of the project as determined by the Borough Engineer.
[Ord. #513]
A maintenance guarantee shall be furnished by the developer upon release of the performance guarantee, acceptance of public improvements by the Borough Council and/or approval of site improvements by the Borough Engineer. The developer shall furnish such maintenance guarantee by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Borough Attorney and Borough Council in an amount equal to 50% of the total performance guarantee provided in accordance with Subsection 18-13.26 of this Chapter. The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of two years. The maintenance guarantee shall be to the effect that the guarantor guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guarantee. Should he fail in his obligation to properly maintain all improvements, the Borough may, on 10 days' written notice or immediately, in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guarantor. At the end of the two year period the maintenance guarantee will be returned to the guarantor less any sums, properly documented by the Borough which has been expended to repair or replace any unsatisfactory improvements.
[Ord. #513; Ord. #0-97-16, S 4; Ord. #O-04-19]
The amount of fees to be paid to the Borough in connection with
an application under this Chapter shall be governed by the following
schedule:
b.
Site Plan Approval.
1.
Each informal review: $300.00
2.
Preliminary application fee: $300.00
3.
Preliminary approval fees:
(a)
(b)
Other uses. The sum of $100.00
plus:
1.
For each full 1,000 square feet of lot area: $20.00
2.
For each full 500 square feet of proposed new gross floor area: $20.00
3.
For each proposed new or additional parking space: $25.00
4.
For each 1,000 square feet of remodeled existing gross floor area:
$10.00
5.
For each reconstructed, resurfaced or improved existing paved parking
space: $15.00
6.
For each proposed freestanding sign: $50.00
(c)
Final approval: Fifty percent of the fees for preliminary approval
noted above.
c.
d.
The above application fees and charges are nonrefundable and are
for purposes of offsetting administrative and clerical costs, exclusive
of the legal, planning, engineering and other professional fees, costs
and expenses which may be incurred and which are provided for hereinafter.
e.
Any other application, including extensions of preexisting approvals:
$200 plus site plan costs as required.
f.
Resubmission Fee. The fee required will be 1/2 of the original fee
for such type of application, unless the work involved is minor. In
that event, the Board can consider a reduction of the resubmission
fee upon the recommendation of the Administrative Officer that the
fee proposed for the resubmission is excessive in light of the work
involved in reviewing the resubmission.
g.
Tax Map Revision Fees. A fee of $50 or $10 per lot, whichever is
greater, shall be charged for minor subdivisions and final plats of
major subdivisions to the Borough Tax Map.
h.
Stenographic Fee. An initial fee of $175 per application shall be
paid as reimbursement to the appropriate Board for stenographic services.
In the event additional stenographic fees are incurred, the fees will
be billed against the escrow deposit on an as-billed basis.
[Ord. #513]
In addition to the payment of the nonrefundable fees and charges,
applications for site plan, use variance, bulk variance, requests
for interpretations of the Zoning Ordinance, appeals from the Zoning
Officer's decision or denial, concept plan or subdivision approval,
which meet the criteria established herein, shall be accompanied by
a deposit of escrow funds in accordance with the provisions of this
subsection. The fees required by schedule set forth below shall be
for the purpose of reimbursing the Borough for direct fees, costs,
charges and expenses of professional consultants retained by or on
behalf of the Borough, its boards, commissions or agencies in reviewing
and testifying and/or assisting the Borough in the processing of applications
pursuant to the zoning and land use ordinances and/or assisting the
Borough in evaluation, planning and proper design of municipal services
and facilities in order to meet the needs of the proposed project
and for on-site inspections related thereto. The fees required by
the schedule shall be deposited with the Borough at the time the initial
development documents are submitted and shall remain in an interest
bearing escrow fund. Whenever the amount of the fees paid to the Borough
pursuant to the schedule with the Borough by the applicant/developer
shall exceed $5,000, the Borough shall notify the applicant in writing
of the name and address of the depository and the amount of the deposit.
If the amount of interest earned on the cash deposit exceeds $100
per annum, that entire amount shall belong to the applicant/developer
and shall be refunded to him by the Borough annually or at the time
the deposit is repaid or applied to the purposes for which it was
originally deposited, as the case may be, except that the Borough
may retain for administrative expenses not more than thirty-three
and one-third (33 1/3%) percent of that entire interest amount.
All costs, expenses, charges and fees incurred by the Planning Board,
Board of Adjustment, Borough or other board, commission or agency
of the Borough for the services of the Planner, Engineer, Attorney,
other professional consultant, expert, employee or staff incurred
as a direct result of the developer's project shall be charged to
this escrow fund. Within 45 days after the filing of an application
for development, the Planning Board and/or Board of Adjustment may,
in conjunction with appropriate representatives of the staff of the
Borough, review the application for development to determine whether
the escrow amount set forth in the schedule is adequate. In conducting
such review, the Board shall consider the following criteria:
a.
The presence or absence of public water and/or sewer servicing the
site.
b.
Environmental considerations, including but not limited to geological,
hydrological and ecological factors.
c.
Traffic and/or noise impact of the proposed development.
d.
Impact of the proposed development on existing aquifer and/or water
quality.
e.
Nature and extent of required landscaping and other improvements.
If upon the review within the 45 day period the Board shall
determine that the escrow amount set forth in the schedule is sufficient,
excessive or insufficient, the Board shall determine the amount required
to be posted in light of the criteria specified herein.
Prior to an application being determined complete, the applicant
shall post the required escrow amount as set forth in the schedule,
or, if the Reviewing Board has otherwise determined that a different
amount should be posted, the amount of escrow provided for the Board,
with the Borough Treasurer in the form of cash, certified check or
money order.
If during the pendency of an application, the amount of escrow
has been depleted to 20% of the original escrow amount, the Borough
Treasurer shall notify the appropriate board. The Board shall again
evaluate the application, as provided for above, and notify the Borough
Treasurer and the applicant/developer of any additional escrow deposit
required. The applicant/developer shall immediately deposit the additional
escrow amount with the Borough Treasurer and notify the appropriate
board that the required deposit has been made. In the event that it
is necessary for a board to take action on an application prior to
the additional escrow deposit being made, any approval shall be conditioned
upon the escrow deposit being made.
All bills, invoices or vouchers submitted by professionals or
experts relating to an application shall specify the services performed
for said application. All charges for employee and staff time shall
specify the services performed and the amount of time related to an
application in performing such services. The unit (i.e. per diem or
hourly fee) of the professional, expert, employee or staff, shall
be in accordance with the unit charges, contracted for by the appropriate
board or with the Borough or as prescribed by the salary ordinance
of the Borough of West Long Branch.
Upon request of an applicant/developer, the Borough Treasurer
shall furnish the applicant with a statement of all disbursements
made during the development review process.
All escrow funds not expended shall be refunded to the applicant
within 60 days after the appropriate board, agency or official has
taken final action of the application, signed all required maps or
after a withdrawal or dismissal of an application.
[Ord. #513; Ord. # O-04-19; Ord. #O-10-4; amended 5-1-2019 by Ord. No. O-19-5; 5-4-2022 by Ord. No. O-22-5]
The following schedule shall apply to all development applications,
including variances, before the Planning Board or Zoning Board of
Adjustment, and fix the escrows required to be posted for each type
of application.
|
Residential Development
|
Escrow to be Posted
|
|---|---|
|
Minor subdivision
|
$500.00 + $100.00 per lot
|
|
Minor subdivision with variance
|
$700.00 + $100.00 per lot
|
|
Preliminary
|
Final
| |
|---|---|---|
|
0-10 units or lots
|
$500.00 + $100.00 per lot or unit
|
$200.00 + $100.00 per lot or unit
|
|
11-100 units or lots
|
$1,000.00 + $75.00 per lot or unit
|
$300.00 + $86.00 per lot or unit
|
|
101 or more units or lots
|
$5,000.00 + $50.00 per lot or unit
|
$1,000.00 + $40.00 per lot or unit
|
|
Informal/Concept Plan
|
15% the amount required at application
|
|
Commercial/Industrial Development Application Not Involving
Structures
| |
|---|---|
|
Lots
|
Escrow to be Posted
|
|
0 to 3
|
$2,500.00
|
|
Over 3
|
$5,000.00
|
|
Commercial/Industrial Development Application Involving Structures
| ||
|---|---|---|
|
Escrow to be Posted
| ||
|
Total Floor Plan
|
Preliminary
|
Final
|
|
1,250 — 1,999 square feet
|
$2,500.00
|
1/2 of preliminary amount
|
|
2,000 — 20,000 square feet
|
$5,000.00
|
1/2 of preliminary amount
|
|
Over 20,000 square feet
|
$7,500.00
|
1/2 of preliminary amount
|
|
Use variance
|
$500.00
| |
|
Informal/Concept plan
|
25% of the amount required at application
| |
|
Variance Applications, Bulk Variances, Request for Interpretation
of Zoning Ordinance and Appeals from Zoning Officer's Decision or
Denial
| |
|---|---|
|
Escrow to be Posted
| |
|
$1,500.00
| |
[Ord. #513]
All fees shall be paid before an application is heard. In the
case of applications involving staged development the fees may be
prorated in accordance with the relative size the stage under construction
bears to the development as a whole.
[Ord. #513]
Whenever a public hearing is required on an application by statute
or by ordinance, the applicant shall pay the cost of such legal notices
which are required to be given and the cost of the preparation of
a stenographic record of any such hearing.
[Ord. #513]
If any section, paragraph, subdivision, clause, provisions or
phrase of this Chapter shall be adjudged invalid, such adjudication
shall apply only to section, paragraph, subdivision, clause, provisions
or phrase so adjudged, and the remainder of this Chapter shall be
deemed valid and effective.
[Ord. #513]
All ordinances or part of any ordinances inconsistent with the
provisions of this Chapter are hereby repealed to the extent of such
inconsistency.
[Ord. #513]
a.
This Chapter shall take effect immediately upon its passage and publication
according to law.
b.
Any building permits heretofore issued pursuant to any ordinance
which provided for the erection or structure in conformity to the
Chapter and ordinances to which this is an amendment and supplement
shall continue in full force and effect provided that the holder has
substantially undertaken construction of any such building or structure.
c.
The provisions of this amendment relating to required frontage, depth,
area and setbacks shall not apply to any minor subdivision approved
by the Mayor and Council prior to the adoption of this amendment nor
to any major subdivision approved by the Mayor and Council prior to
the time for which a performance guarantee has been duly filed with
the Mayor and Council to insure the installation and completion of
improvements required as a condition of approval of such subdivision,
provided that such performance guarantee shall not be in default at
the time of the adoption of this amendment. The terms "minor subdivision"
and "major subdivision" are used in this section as they are defined
in N.J.S.A. 40:55D-5, and in the Land Subdivision Ordinance of the
Borough of West Long Branch and adopted pursuant thereto.
d.
All applications for development filed prior to the effective date
of this Chapter may be continued, but any appeals arising out of decisions
made in any such applications, shall be governed by the provisions
of this Chapter.
