Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure, or land in violation of this article shall be subject to the following penalties. Failure to comply with any provisions of this article shall be considered a violation of the Coded Ordinances of Long Branch City and shall be punishable by a fine of $1,000 or 90 days in jail, or both. Each day of such violation's continuance shall be considered as a separate offense and shall be separately punishable. These penalties shall not be the exclusive remedy available, and nothing in this article shall prevent an applicant from obtaining injunctive relief.

This article shall take effect immediately upon the approval by the county review agency, or 60 days from the receipt of the ordinance by the county review agency if the county review agency should fail to act.

If the provisions of any section, subsection, paragraph, subdivision, or clause of this article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this article.

All subdivision and site plan review fees associated with this article shall be provided by the applicant as adopted by the City of Long Branch within §69-29, Fees, of this Code.

Long Branch City-Site Conditions Checklist

In addition to the prescribed information in §300-31, Requirements for a site development stormwater plan, Subsection C, Checklist Requirements, the following elements should be considered and presented as appropriate and in combinations sufficient to adequately indicate the existing site conditions and that of the surrounding environs:

Perennial or intermittent streams as shown on the USGS 7.5 Minute Quadrangle Maps and as indicated in the Soil Survey of Monmouth County, New Jersey

Special water resource protection areas along all waters designated Category One at N.J. A. C. 7:9B and perennial/intermittent streams that drain into/upstream of the Category One waters as shown on the USGS Quad Maps Soil Survey

Wetlands, NJDEP Linear Non-Tidal Wetlands, Marshlands and NJDEP Letter of Interpretation findings FEMA Q3 Flood Data 100 Year-Floodplains and Floodways

Boundaries and Buffers

Appropriate buffers to streams, rivers, wetlands, marshlands, ponds, lakes and other water bodies as specified in pertinent "ordinances, rules, regulations, statutes or other provisions of law imposed by local, County, State or Federal agencies"

Existing and proposed bearing and distances of property lines

Existing and proposed conservation, maintenance, construction, reconstruction, sight, utility, drainage and right-of way easements and dedications

Pervious and vegetated surfaces, i.e., woodlands, grasslands and other significant natural features

Native and invasive stands of vegetation

Vegetated habitat for Threatened and Endangered Species

Geology and Soils Steep slopes (10% or greater) Colloidal soils

Highly erodible soils, with an erodibility factor (K) of .40 or greater

Seasonal high water table

Soils subject to dynamic compaction and compacted soil

Geology and Soils

Shrink swell potential

Deeply fractured bedrock

Hardpans and plough pans

Existing Man-made Structures and

Activities

Existing buildings and significant permanent man-made features

Roads by classification, parking areas and other impervious surfaces

Bridges and culverts

Utilities, sub-surface and above ground mining/quarry operations and blasting areas

Acid or other hazardous runoff Areas of fill and buried debris

Wellheads and associated groundwater withdrawals

Pipes, discharges and BMPs of existing stormwater utilities

Groundwater mounding

Septic systems and wells of adjacent lots Leaking sanitary lines

Previous land use (agricultural, industrial, commercial)