Any use not specifically permitted in a zoning district established by this chapter is hereby expressly prohibited from that district, and further provided that the following uses and activities shall be specifically prohibited in any zone in the City:
A. All billboards, signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
B. Auction markets.
C. Junkyards and automobile wrecking or disassembly yards.
D. The keeping and raising of any animal other than domestic pets.
E. Trailer courts and trailer coaches used as dwelling or commercial activities related to the outdoor storage or display of trailer coaches.
F. Privately operated dumps for the disposal of garbage, trash, junk, refuse and similar materials.
G. Any use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.
H. Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products. (See § 345-45.)
I. The manufacture of concrete and bituminous materials.
J. The use of any premises for the public sale of sex paraphernalia (excepting birth control devices) or for the exhibition of motion pictures by individual viewing machines.
K. The sorting, baling or storage of scrap metal, paper, rags or other scrap or waste material, except that such sorting, baling or storage may take place in conjunction with a permitted recycling plant as set forth in § 345-34A(12).
L. Any use of public or private property as a location for trucks, wagons, carts or any other mobile means of vending merchandise, foodstuffs or other wares of any kind.
M. Automobile repair or automobile body centers, shops or businesses.
N. Boardinghouse, rooming house or lodging house.
A. An application for a building permit for a use not permitted by this chapter must be submitted to the Board of Adjustment for a variance in accordance with N.J.S.A. 40:55D-1 et seq. The applicant shall file with the Secretary of the Board of Adjustment 22 copies of an application for a hearing before the Board of Adjustment. Such application shall also include 22 copies of the plan which conforms to the requirements of § 345-76B(1) through (6). See the checklist and application form at the end of this chapter.
B. Any use variance granted by the Board of Adjustment shall require site plan review and approval as hereinafter set forth in this chapter, except for applications for single-family or two-family homes. The Zoning Board may refer the site plan to the Planning Board for its review and recommendation prior to final action thereon. Such reference shall not extend the time for action by the Zoning Board, whether or not the Planning Board has submitted its report.
C. In connection with any use variance application, the Zoning Board of Adjustment may also require an opinion from the Planning Board as to whether or not the proposed use will be compatible with the Master Plan and whether or not the proposed use will adversely affect the overall zoning plan.
D. In connection with a site plan approval portion of a use variance application, the Zoning Board of Adjustment shall distribute one set of building and landscaping and site plans to the departments listed in § 345-14. Each of those departments shall prepare a written report containing their department's recommendations concerning the site plan application and present it to the Zoning Board no later than 10 working days prior to the meeting at which the site plan application is to be discussed before the entire Board.
A. Any application for a building permit for other than a single- or two-family home for new construction or for a change, addition or expansion of a new or existing use shall require site plan approval. The application (three copies) shall be accompanied by 14 copies of the building, landscaping and site plans for the portion of the project to be developed and such other information as shall be required. See the checklist and application form at the end of this chapter.
(1) It shall be filed at least 31 days prior to the Planning Board meeting at which the site plan application is to be discussed before the entire Board. The Planning Department shall transmit copies of the plans and information to the City Planning Board or a committee thereof for review and recommendations to assure that the plans comply with the area and design requirements set forth in this chapter and to permit the applicant to make such changes as may be necessary to bring his plans into conformance with the requirements.
(2) The Secretary of the City Planning Board shall distribute one set of building and landscaping and site plans to the agencies or departments listed in Chapter 300, Subdivision of Land, § 300-7B(3). Each of these departments shall prepare a written report containing their department's recommendations concerning the site plan application and present it to the Planning Board no later than five working days prior to the Planning Board meeting at which the site plan application is to be discussed before the entire Board.
(3) If the applicant proposes to develop the property in successive stages, similar detailed plans shall be submitted to the City Planning Board for each portion of the applicant's property prior to the issuance of a building permit.
(4) Plans and information to be submitted shall include the following:
(a) A written description of the existing use of the site and any buildings on the site. The description shall contain a written description of the proposed operations of the building(s), including the number of employees or members of nonresidential buildings; the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor-trailer traffic, emission of noise, glare, air and water pollution; safety hazards; and anticipated expansion plans incorporated into the building design.
(b) A statement of compliance contained on the site plan, signed by the applicant and signed and sealed by the architect or engineer responsible for the preparation of the site plan as follows: "I hereby certify that this document complies with all Long Branch codes and ordinances."
(c) Certified building plans for all new structures or existing structures to be structurally modified, including floor plans and building elevations.
(d) A map, known as the "site plan," signed and sealed by a professional engineer or architect, containing the following information:
[1] The existing boundaries of the site as certified by a professional engineer or licensed surveyor, showing all structures and physical features, including all existing and proposed on-site grading.
[2] The location and arrangement of vehicular accessways and location, size and capacity of all areas to be used for off-street parking, loading and unloading and streetlights.
[3] The location and dimensions of sidewalks, walkways and all other areas to be devoted to pedestrian use.
[4] The design and treatment of buffer areas and screening devices to be maintained and including dimensions of all areas devoted to planting, lawns, trees or other landscaping devices.
[5] Provisions for water supply, fire hydrants, storm drainage and sewer disposal.
[6] Sufficient data to indicate the effect of the proposed development in producing traffic congestion and safety hazards and sufficient additional data to enable the Planning Board and the Construction Code Official to determine compliance with the design requirements set forth in this chapter.
[7] The size, shape and location of any area reserved for public use or any area of open space to be set aside for the use and benefit of the residents of the development.
[8] Designation of any land subject to flooding and information on such measures as will be taken to protect and conserve soil from erosion.
[9] Sufficient information to show that the proposed development will be in conformity with the Air Safety and Zoning Act of 1983.
[10] Sufficient information to show that the proposed development will be in conformity with Chapter 293, Solid Waste.
[11] Sufficient information to determine that the proposed development will be in conformity with the State Highway Access Management Code with respect to any state highways within the municipality, any access management code adopted by Monmouth County with respect to any county roads and any municipal access management code with respect to municipal streets.
[12] Sufficient information to determine that the proposed development will not endanger potable water supply reservoirs as a result of pollution or other degradation of water quality and that such provisions for protection shall be in accordance with any siting, performance or other standards or guidelines adopted for that purpose by the New Jersey Department of Environmental Protection.
(e) The Green Checklist must be completed and submitted with any application for site plan or Board approval. While completion of the Green Checklist is mandatory, it is for information purposes only, and compliance with the items found therein will not become a condition of approval. [Added 5-27-2014 by Ord. No. 13-14]
B. No application for development shall be acted upon unless and until it is determined to be complete in every respect, pursuant to N.J.S.A. 40:55D-10.3, including but not limited to necessary supporting data, papers, certificates, plans and fees and all other items set forth in the Long Branch development application checklists dated February 1, 2006, incorporated herein by reference. [Amended 4-11-2006 by Ord. No. 9-06]
(1) Any applicant for development shall be given a copy of the aforesaid checklists upon request for a development application. He may seek waiver of any of the aforesaid provisions pursuant to the aforesaid statute.
(2) In the case of a change of use, expansion of use or addition of use to an existing structure when no structural changes are necessary, only Subsection A(4)(a) through (d) as above are specifically required. In that case the applicant will only need to show sufficient attention has been paid to all items on the checklist and include adequate details so as to answer all questions as to the safety and desirability of the proposed use.
C. Preliminary site plan approval. Site plan approval of 10 acres or less or 10 dwelling units or less:
(1) Upon submission to the City Administrative Office of a complete application for a site plan for 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
(2) If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the chapter, grant preliminary site plan approval.
(3) As a condition of preliminary approval, it shall be solely the applicant's responsibility to submit proof of compliance to any subject conditions of preliminary approval in one document and one complete submission to the Planning Department. This submission must be provided to the Planning Department prior to any application being scheduled for final approval and must be submitted a minimum of 10 days prior to any Planning Board Meeting. [Added 6-12-2001 by Ord. No. 22-01]
D. Final site plan approval.
(1) The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the above standards and the conditions of preliminary approval.
(2) Final approval shall be granted or denied within 45 days after submission of a complete application to the Construction Code Official or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and the Construction Code Official shall issue the required building permit.
(3) Whenever review or approval of the site plan application by the County Planning Board is required by N.J.S.A. 40:27-6.6, the City Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(4) Bonds and fees. Prior to final approval of the application, the subdivider, where required, shall post with the City Clerk a performance guaranty as required by Chapter 300, Subdivision of Land, § 300-11, Required improvements, and shall post with the Director of Finance a fee for engineering inspections equal to 5% of the estimated cost of the improvements, as determined by the City Engineer. This fee shall be in addition to the amount of the performance guaranty and all application fees. Upon completion of the development and all inspections, and at the request of the developer, the developer shall receive an accounting of the expended funds, and any unspent funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Director of Finance. Each additional deposit shall be in amounts not to exceed 50% of the initial deposit. The City Clerk and Finance Director shall provide the subdivider with a certificate indicating compliance with the requirements for submission to the Planning Board for attachment to the application.
(5) As a condition of final approval, it shall be solely the applicant's responsibility to submit proof of compliance to any conditions of final approval in one document and in one complete submission to the Planning Department prior to applying for any zoning and construction permits. [Added 6-12-2001 by Ord. No. 22-01]
E. Stamp of approval.
(1) The approved site plan shall be impressed with a stamp showing Planning Board approval and signed by the Chairperson of the Planning Board and the Secretary of the Planning Board. Said signatures shall be dated.
(2) Upon receipt by the Construction Code Official of the report of the Planning Board showing the conditions set forth in this chapter have been complied with and receipt of the site plan stamped and signed as above, and upon compliance with the standards set forth in the building code, the Construction Code Official may issue the required building permit. In the event that the Planning Board shall not make a finding that the conditions set forth in this chapter have been complied with or shall not stamp and sign the site plan, the Construction Code Official shall refuse to issue a building permit, except as in the case of Subsection D(4), Bonds and fees, and the reasons for such refusal shall be set forth in writing.
F. If the Construction Code Official, acting upon the recommendations of the Planning Board, issues or denies the permit, then in either case any person aggrieved by such determination and action by the Construction Code Official may appeal such decision as permitted under N.J.S.A. 40:55D-70.
G. Site plan review and approval shall not be required for individual lot applications for detached one-family homes.
H. Improvements required. Prior to the granting of final approval, the applicant shall have furnished performance guaranties for the ultimate installation of the following improvements. All of the listed improvements shall be subject to inspection and approval by the City Engineer, who shall be notified by the developer at least five days prior to the start of construction. No underground installation shall be covered until approved and inspected by the City Engineer. The performance guaranties required herein shall comply with and be administered pursuant to the conditions set forth in Subsection I.
(1) Topsoil protection. Topsoil moved during the course of construction shall be redistributed as to provide at least six inches of cover to all areas of the site and shall be stabilized by seeding or planting and shall be governed by the ordinance of the City relative thereto.
(2) Monuments. To be of the size and shape required by N.J.S.A. 46:23-9.11 and shall be placed in accordance with said statute.
(3) Sewers. Sanitary sewers designed in accordance with the regulations of the Sewage Authority shall be installed in a manner adequate to handle all present and probable future development.
(4) Sidewalks. All streets shall be provided with concrete sidewalks at least four feet in width and four inches in thickness, except at driveways, where the sidewalk shall be at least six inches in thickness. Where a site adjoins an existing street on one side only, the sidewalk shall be constructed only on that side. Where existing sidewalks are in disrepair, the applicant shall be required to repair, reconstruct or replace the same as directed by the Board.
(5) Curbs. Curbs shall be constructed on both sides of all streets, shall be not less than 18 inches deep and six inches in width at the top and eight inches in width at the bottom and shall be constructed of a minimum concrete mixture of one part cement, two parts washed sand and three parts washed gravel, or other suitable aggregate. The concrete shall have a compressive strength of 3,000 pounds per square inch after 28 days. The minimum length of blocks shall be 10 feet, with a preformed bituminous expansion joint filler one-half-inch thick, installed every 40 feet. The finish shall be a float finish with corners rounded. Where existing curbs are in disrepair, the applicant shall be required to repair, reconstruct or replace the same as directed by the Board.
(6) Streets. All streets shall be improved with a two-and-one-half-inch two-course-type S.M. bituminous concrete pavement in accordance with current New Jersey State Highway Department specifications on a five-and-one-half-inch thick, two-and-one-half-inch size broken stone base. Where subbase conditions of the proposed street are wet, springy or of such a nature in the opinion of the City Engineer that paving would be inadvisable without first treating the subbase, the subbase shall be prepared by the installation of suitable subsurface drainage or other means as may be required to meet the special condition. The method employed to stabilize the base must be approved by the City Engineer.
(7) Drainage. All streets shall be provided with catch basins and pipes which, in the opinion of the City Engineer, are necessary for proper surface drainage. The requirements of this section shall not be satisfied by the construction of dry wells.
(a) Catch basins shall be designed in accordance with New Jersey Highway Department standard plans and specifications. Frames and grates shall be Campbell Foundry Co. Pattern No. 2541 or No. 2548 stream flow grating with eight-inch curb face, or equal.
(b) Storm drain pipes shall be reinforced concrete culvert pipe extra strength, conforming to A.S.T.M. specifications C76-55 when installed in streets, and may be reinforced concrete sewer pipe, standard strength conforming to A.S.T.M. specifications C75-55 when installed off streets. Joints shall be Bell and Spigot, properly caulked with jute or oakum and filled with cement mortar, or shall be provided with a suitable rubber gasket of a type approved by the Municipal Engineer and installed in accordance with the manufacturer's recommendations.
(c) Manholes shall be designed in accordance with New Jersey State Highway Department standard plans and specifications. Frames and covers shall be Campbell Foundry Co. Pattern 1203 or equal.
(d) Poured concrete headwalls shall be constructed at the point of discharge of all storm drains in accordance with New Jersey State Highway Department standard plans and specifications.
(e) At through intersections, where it is necessary to carry surface water across a street, it shall be accomplished by the use of a minimum of a twelve-inch diameter cast-iron culvert pipe. At other than through intersections, water may be carried across streets in dished gutters constructed of portland cement concrete or bituminous concrete type S.M.
(f) Storm drains shall be located within the curblines of streets, with catch basins located at the end of curb returns wherever possible.
(g) Where drainage water from the streets shown on the plat discharges on the property of either the owner or others, proper easements shall be obtained by the applicant and be furnished to the City governing the rights to discharge such drainage water.
(8) Water mains. All streets shall have water mains not less than six inches in diameter installed therein for the entire length thereof if the site is located within the area served by a water company unless the requirements hereof are expressly waived in whole or in part by the Planning Board.
(1) No final plat shall be approved by the Planning Board until the applicant shall have filed with the City Clerk a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the City Engineer and assuring the installation of such uncompleted improvements on or before an agreed date. The performance guaranty may be in the form of a performance bond which shall be issued by a bonding or surety company after full compliance or any other type of surety approved by the City Attorney, so long as a minimum of 10% of the sum of the total performance guaranty shall be in cash or certified check. All such guaranties shall run to and be in favor of the City.
(a) Notwithstanding the foregoing, in any redevelopment zone of the City of Long Branch the Redevelopment Agency may, in its sole discretion, waive the requirement for the posting of a cash portion of a performance guarantee. Such waiver will be based upon the extent of the project and the circumstances thereof. Should the Redevelopment Agency deem it appropriate at any time during a project's completion, it shall, in its sole discretion, have the right to impose cash bond requirements in the event of any changed circumstances which would compel the need for cash bonds; and [Added 12-10-2002 by Ord. No. 61-02]
(b) Said circumstances include but are not limited to slow downs in construction, failure of bond companies to pay promptly all invoices, insolvency of bond company or failure of developer to comply with all terms of the redeveloper agreement's requirements. [Added 12-10-2002 by Ord. No. 61-02]
(2) The performance guaranty shall be approved by the City Attorney as to form, sufficiency and execution. The performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term more than three years.
(a) The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution, but such additional period shall not exceed three years. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution.
(b) A developer wishing to reduce the amount of the performance guaranty after portions of the required improvements have been installed shall make application by letter to the Planning Board. The Planning Board shall direct the City Engineer to inspect the applicant's improvements and report to the Board the condition and status of the improvements. If the Planning Board decides to recommend a release of all or part of the performance guaranty, it shall advise the City Council and the Mayor of its decision. The City Council may instruct the City Treasurer by resolution to release all or part of the performance guaranty.
(3) If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable to the City for the reasonable costs of the expenses incurred. The City may take any and all legal steps available to obtain the installation of such improvements.
(4) A maintenance bond shall be furnished by the subdivider upon acceptance of the streets and public improvements by the City. The maintenance bond, which shall be issued by a bonding or surety company approved by the Council, shall be in an amount not to exceed 15% of the original estimated cost of construction of the required improvements and shall run to and be in favor of the City for a period not to exceed two years after final acceptance of the improvements. The bond shall be approved by the City Attorney as to form, sufficiency and execution.
(5) Disposition of guaranties.
(a) The City Clerk shall hold the instrument of performance guaranty. Duplicate copies of that instrument shall be held by the Planning Board.
(b) The comptroller shall hold all of the cash portions of performance guaranties and deposit them in interest-bearing accounts.
(6) Release of guaranties.
(a) Upon substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. Thereupon the Municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating its 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.
(b) The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor, in writing, by certified mail, of the contents of the report and the action of the approving authority with relation thereto, no later than 65 days after receipt of the notice from the obligor of the completion of improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty for such improvements.
(c) If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.
(d) Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.
(e) The obligor shall reimburse the municipality for all reasonable fees paid to the Municipal Engineer for the foregoing inspection improvements, provided that the municipality shall require of the developer a deposit for all reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.
(f) In the event that the inspection fees required to be posted pursuant to the provisions set forth herein are not sufficient to cover the reasonable inspection fees paid to the City Engineer for the foregoing inspection of improvements, the developer shall be required to deposit additional funds with the Finance Director to cover the fees paid to the City Engineer for such inspection.
J. Waiver of site plan approval. The Planning Board may waive the requirement for the submission of a site plan or minor site plan for its review and approval where, in the opinion of the Board, formal approval and additional data are unnecessary to protect and advance the purposes of Chapter 300, Subdivision of Land, and this chapter; provided, however, that the Board may impose reasonable restrictions as to styles, design and like matters, notwithstanding the grant of such waiver. The Board may, in lieu of a formal site plan, require an applicant to submit such sketches, drawings and/or renderings as it deems necessary. The Planning Board shall only grant such a waiver if it finds, on the basis of an on-site inspection and any other documentation presented, 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 writing, to the Secretary of the Planning Board with a fee of $50 payable to the City of Long Branch. The Planning Board shall hold a public hearing on the application at its first regular meeting that follows by 31 days of the submission to the Secretary, as in the case of an application for site plan approval specified in this section. The Planning 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 an approval of a site plan would have been valid.
K. Off-tract/off-site improvements. The approving authority shall comply with the procedures and provisions of Chapter 300, Subdivision of Land, § 300-13, Off-tract/off-site contributions, in granting final site plan approval.
