All of the objectives listed in §§ 345-87 and 345-88 above are considered by the Long Branch Planning Board and City Council to be local objectives with which this Redevelopment Plan is consistent. Prior to approving this Redevelopment Plan, both bodies found that the area addressed in this Plan was an "area in need of redevelopment." Both bodies subsequently found that this Redevelopment Plan's objectives are consistent with and appropriate to the objective of furthering redevelopment within the specified area.

This subject is discussed earlier in the Plan, in §§ 345-87 and 345-88, i.e., Specific Objectives: Key principles and Specific objectives: uses by sector. More detailed requirements will be provided as a separate document accompanying the Design Guidelines Handbook.

A. It is the City's intention that property acquisition necessary to implement this plan will be carried out by designated private redevelopers negotiating with property owners.

B. The City reserves the right to condemn property if private negotiations fail and the property or properties in question are judged essential to achieve objectives intended by the Plan. In cases where the designated redeveloper and a private property owner cannot agree on the terms of purchase, and as a last resort after other means have been exhausted, the developer may request that the City use its power of eminent domain, specifying the means that have been applied to purchase the property. If the City agrees to acquire by condemnation, the developer will pay all costs of acquisition/condemnation, including legal and appraisal costs. The City may require a refundable cash deposit accompanying this request.

C. To the extent that properties may be subject to title problems, the City may relieve the properties of these problems through use of eminent domain.

A. The amount of relocation required to implement the Redevelopment Plan is expected to be moderate at most, given the policy encouraging infill. In accordance with the requirements of State law, all persons (including families, business concerns and others displaced by project activities) will be assisted in finding other locations and facilities. Persons displaced from their homes will be assisted in finding housing which is decent, safe, sanitary and within their financial means in reasonably convergent locations and otherwise suitable to their needs.

B. Where relocation of any resident or business becomes necessary to improve and revitalize the Redevelopment Area, the City and/or any developer that enters into a developer agreement with the City or any party for the development of any portion of the Redevelopment Area, shall conform to and meet all the requirements of applicable state and federal relocation laws.

C. All costs associated with relocation shall be the responsibility of designated developers.

The City Council has adopted the following policies regarding possible use of tax incentives which may be applied to Redevelopment Area projects seeking such financial assistance:

A. There is no presumption of need for tax abatement within the Redevelopment Area. The City Council will consider any application for tax abatement on its merits, depending upon the degree to which the project needs such an incentive in order to achieve City objectives, listed below as "projects of special community benefit."

B. Projects of special community benefit include, but are not limited to:

(1) Construction or substantial rehabilitation for office use.

(2) Construction of residential or hotel projects five or more stories in height.

(3) Construction of new retail space or substantial rehabilitation of existing space for retail use.

(4) Multilevel parking structures with provision for shared parking.

(5) Significant public amenities beyond the minimum state or local requirements, such as beach access, parks, public art, pedestrian lighting, etc., in accordance with this plan.

(6) Conversion of nonresidential space to residential or to mixed use.

(7) New buildings that combine residential and commercial uses.

(8) Redevelopment of areas requiring environmental cleanup for any approved use.

C. It is assumed that nonelevator residential structures will not require tax incentives.

[Amended 7-8-2008 by Ord. No. 11-08; 12-30-2013 by Ord. No. 19-13]

A. It is the policy of the City of Long Branch that selection of developers to implement redevelopment plans be accomplished through either an open and competitive process or initiated by request of existing property owners, contract purchasers or other parties so authorized by a property owner who are proposing a project and seeking redeveloper designation. The City, however, reserves the right to waive this policy, by resolution of the governing body, if it judges that specific circumstances justify doing so.

B. Open and competitive developer solicitation and designation process. If the City determines that a competitive process is to be pursued for redevelopment of a sector or subsectors, or any portions thereof, the competitive developer selection process will include these steps, as further detailed in § 345-95A:

(1) Preparation of developer qualifications, guidelines to selection and phasing of solicitations.

(2) Preparation and approval of developer solicitation materials (request for qualifications).

(3) Advertisements and direct solicitation of developers.

(4) Review of developer qualifications through completion by developers of a request for qualification (RFQ) document created by the City Administration. Selected developers invited to submit proposals in response to a request for proposal (RFP) document created by the City Administration.

(5) Review of developer proposals and consultation with the Redevelopment Design Review Committee through a collaborative process, including conceptual site plans, proposed schedule and financial plan leading to selection of developers.

(6) Conditional designation of developers and execution of an escrow agreement by developers in the initial amount required pursuant to § 345-94E to cover City costs in connection with further design review and refinement and negotiations with selected developers, leading to developer agreements.

(7) City Council designation of developers, based on agreements between developers and City.

(8) If negotiation with a selected developer is unsatisfactory, the City will terminate the negotiation and begin again with another developer until a satisfactory agreement is reached.

(9) The City may also restart the developer solicitation process. It is the City's intention to continue this process until agreements have been reached with developers regarding all five sectors.

C. Unsolicited developer designation process. With respect to any properties in the Redevelopment Area where the City has not determined to apply the open and competitive developer solicitation and designation process, the current owner of any such properties, or any other person with written authorization from the current property owner, may propose unsolicited redevelopment projects for such properties. The process for review and approval of such projects by the City as redevelopment entity are set forth in § 345-95B.

D. Developer agreements will include such issues as developer responsibilities for public facilities, relocation responsibilities, local employee recruitment policies, adherence to design guidelines, approval of all firms which become members of the development team, timely inception of construction, phasing and other considerations. The City reserves the right to change developers in the event of failure to perform in accordance with the agreement.

E. Upon conditional designation, the developer shall execute an escrow agreement posting an escrow in an initial amount, subject to replenishment if and as necessary, according to the following schedule:

(1) Five thousand dollars for projects with a total estimated project cost less of than $3,000,000;

(2) Ten thousand dollars for projects with a total estimated project cost of greater than $3,000,000 and less than $10,000,000; and

(3) Fifteen thousand dollars for projects with a total estimated project cost of greater than $10,000,000.

F. Upon execution of a developer agreement, developers will make a nonrefundable payment of 0.5% of the total estimated project cost, up to a maximum of $100,000 to the City at the time agreements are signed. These funds will be applied to economic development programs, including incentives for facade and sign improvements and other business attraction projects.

[Amended 12-30-2013 by Ord. No. 19-13]

A. Open and competitive developer solicitation and designation process. When the City determines that a competitive process is to be pursued for redevelopment of a sector or subsectors, the developer designation process will include the following steps:

(1) Prepare and adopt a land use and parking and access management plan for affected sectors.

(2) Begin developer solicitation process by releasing requests for qualifications (RFQ) for one or more of the five sectors or any portions thereof.

(3) Review responses to RFQ for:

(a) Team qualifications.

(b) Experience.

(c) Financial capacity and financing plan.

(d) Project concept.

(e) Project schedule.

(4) Select developers to respond to request for proposals (RFPs) for one or more sectors or a part of one sector.

(5) Evaluate RFP responses on the basis of:

(a) Project concept, program and phasing.

(b) Conceptual site plan.

(c) Parking plan.

(d) Acquisition plan.

(e) Relocation plan.

(f) Infrastructure cost responsibility plan.

(g) Necessity for tax abatement.

(6) Award developer(s) exclusive right to negotiate with City through conditional redeveloper designation and execution of an escrow agreement by developers in the initial amount required pursuant to § 345-94E to cover City costs in connection with further design review and refinement and negotiations with selected developers, leading to developer agreements.

(7) Negotiate developer agreements.

(8) Award "designated developer" rights by sector or subsector or any applicable portion thereof.

(9) Begin development process leading to application to Planning Board for preliminary and final site plan approval.

B. Unsolicited developer designation process. With respect to any properties in the Redevelopment Area where the City has not determined to apply the open and competitive developer solicitation and designation process, the current owner of any such properties, or any person with written authorization from the current property owner, may propose a project and seek designation as redeveloper for such properties.

(1) If the proposed development includes the construction of more than eight dwelling units; or more than 12,500 square feet of nonresidential development; and the total estimated project cost is greater than $3,000,000, then the proposed redeveloper candidates will complete the RFQ and REP and be subject to the same process set forth in § 345-95A and shall meet the same requirements set forth in that section and the RFQ and RFP.

(2) If the proposed development includes the construction of eight or fewer dwelling units; or 12,500 or less square feet of nonresidential development; and the total estimated project cost is less than $3,000,000, then the developer designation process will include the following steps:

(a) Review of developer qualifications and proposals through completion by developers of a request for designation (RFD) document created by the City Administration. The RFD shall include a two-step process pursuant to which there will be a pre-qualification based upon an initial review and assessment of the proposed development concept, candidate's qualifications, experience, financial capacity and financing plan, project schedule and the development concept's compliance with the redevelopment plan and design guidelines.

(b) After such pre-qualification, award developer(s) exclusive right to negotiate with City through conditional redeveloper designation and execution of an escrow agreement by developers in an initial amount of $5,000 to cover City costs in connection with further design review and refinement and negotiations with selected developers, leading to developer agreements.

(c) Continued review and refinement of the development proposal through a collaborative process with the Redevelopment Design Review Committee.

(d) Negotiate developer agreements.

(e) Award "designated developer" rights for the property(ies).

(f) Begin development process leading to application to Planning Board for preliminary and final site plan approval.

A. Before the Design Guidelines Handbook for each sector is approved by the City, any developer or landowner must, prior to applying for preliminary or final development approval, obtain the approval of the City Council regarding the consistency of the proposed development with the design goals and objectives of this Redevelopment Plan. The Council shall act within 45 days, after submission of an application for such a consistency determination on such forms as the City shall require.

B. The City Council shall, prior to taking action, obtain advice from the Design Review Committee appointed by the Mayor with the advice and consent of the City Council.

A. The proposals of this plan are consistent with the general plan for the municipality. Local planning objectives having direct bearing on this project, and which have been planned as integral parts of the total planning for the City, are as follows:

(1) The effectuation of the Redevelopment Plan will carry out major proposals of the Master Plan for the City and will comply with local objectives of the City as to appropriate land uses, improved street systems, and overall improvement of the area.

(2) The effectuation of the Redevelopment Plan will improve the total living and working conditions of the City through improvement of a blighted area, removal of structures in poor condition and the provision of land for new commercial and residential development.

B. The various elements of this Redevelopment Plan set forth above are in compliance with the requirements of State and local law.

A. The Redevelopment Plan may be amended from time to time by the City Council of the City of Long Branch, provided that, if amended after the disposition of any land in the Redevelopment Area, the modification must be consented to in writing by designated developers. Any amendments to the Redevelopment Plan shall be reviewed by the Planning Board of the City of Long Branch. After such review, the Planning Board shall make recommendations to the City Council, which may adopt the changes by ordinance. Such ordinance shall specify the relationship of the proposed changes or amendments to the City Master Plan and the goals and objectives of the Redevelopment Plan.

B. The Redevelopment Plan, as it may be amended from time to time, shall be in effect from the date of its adoption by the City Council on second reading and publication.

This plan shall constitute an overlay zone on the Zoning Map for the areas covered by this plan.

Uses in the redevelopment area shall be limited to those permitted in this plan. In addition, the provisions of this plan shall be the exclusive basis for regulation of all development within the redevelopment area with respect to subjects covered by this plan. Any other development regulations otherwise applicable in the redevelopment area shall remain in effect unless inconsistent with the provisions of this plan, provided that the Planning Board may grant waivers or variances from such regulations in order to carry out the intent and purposes of this plan.

[Added 7-22-1997 by Ord. No. 23-97]

A. This section shall be known as the Redevelopment Design Standards Ordinance of the City of Long Branch.

B. The redevelopment guidelines set forth in the attached sections entitled "General Design Guidelines," "Village Center at Pier," "Broadway Gateway," "Beachfront North," "Hotel Campus and Beachfront South," are hereby adopted as the standards for land use, density and intensity of development, bulk requirements, parking and design for redevelopment in the City of Long Branch within the areas each covered by the applicable set of design guidelines and by the general guidelines. Notwithstanding the use of the term "guidelines" in this section or the attached sections, which are incorporated herein by reference, the provisions as attached shall be enforced as standards governing redevelopment in the City of Long Branch. It is the intent of the City Council that the attached development requirements be the sole and exclusive standards governing development in the portions of the Redevelopment Area affected by them except as to standards of general applicability which are clearly not covered or clearly have been intentionally omitted from the attached sections.

C. No variances of the kind set forth in N.J.S.A. 40:55D-70d may be granted by the Zoning Board of Adjustment of the City of Long Branch from the requirements of this section. All applications for development in the Redevelopment Area shall be heard by the Planning Board of the City of Long Branch in accordance with N.J.S.A. 40A:12A-13.

D. In addition to the review provided in Subsection C above, any developer seeking any development approval within the redevelopment area must in addition provide 10 copies of the application and plans submitted to the Planning Board to the City Clerk for distribution to the Mayor and Council of the City of Long Branch. Approval of such plans by the City Council of the City of Long Branch shall be a condition of any approval granted by the Planning Board. Such Council approval shall be obtained no later than the time at which an application for development receives final development approval from the Planning Board of the City of Long Branch.

E. The City Clerk shall, upon receipt of copies of the development applications and plans, provide sufficient copies to the Design Review Committee so as to enable it to carry out its functions under this section. In reviewing applications for development in the Redevelopment Area, the City Council shall take into account the advice of the Design Review committee previously established by the Council of the City of Long Branch. The Council shall approve it if the proposed development conforms to the requirements of the design guidelines and the terms of any applicable Redeveloper's Agreement, and will contribute to the revitalization and use of the Redevelopment Area in accordance with the goals of the guidelines and the Redevelopment Plan Ordinance.

F. For any portions of the redevelopment area not covered by the design guidelines as attached hereto and incorporated herein, the development standards as either set forth or incorporated in the Redevelopment Plan ordinance adopted May 14, 1996, shall continue in full force and effect.

G. All ordinances or provisions of ordinances inconsistent with the within section are hereby repealed. However, the May 14, 1996, Redevelopment Plan Ordinance and April 1996 Redevelopment Plan shall remain in full force and effect and be read in pari materia with this section except that the development standards set forth in Sections 4 and 5 of the Redevelopment Plan are superseded by this section whose provisions shall be controlling.

H. This section may be enforced by the Planning Board, Zoning Officer and other officials of the City of Long Branch as in the same manner as is Chapter 300, Subdivision of Land, of the Code of the City of Long Branch.

I. If any paragraph, section, clause or application of this section, or of the provisions referenced and incorporated herein, shall be found to be unconstitutional or otherwise invalid, such findings shall not affect any remaining section, clause, paragraph or application, which shall be severable and shall continue in full force and effect notwithstanding such a finding of invalidity.