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)

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 one (1) or two (2) dwelling unit building, or an agricultural use not affording access to the public, except as herein otherwise provided, approval of a final site plan by the Board is required prior to:

1. The issuance of any building permit for any new structure for any addition to or alteration of an existing structure.

2. The issuance of any Certificate of Occupancy for a change in use of any premises or existing structure.

3. 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. (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 one hundred fifty ($150.00) dollars (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 fifteen (15) copies of the application, surveys, maps, drawings, exhibits and other documents shall be filed with the Borough Clerk no later than fourteen (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 ten (10) copies to the Secretary of the Planning Board, one (1) copy to the Planning Board Engineer, one (1) copy to the Shade Tree Commission, one (1) copy to the Environmental Commission, one (1) copy to the Fire Subcode Official, and shall retain one (1) file copy in his office; and where the Zoning Board of Adjustment has jurisdiction, ten (10) copies to the Secretary of the Zoning Board, and one (1) copy each to the Planning Board Engineer, Shade Tree Commission, Environmental Commission, and Fire Subcode Official.

2. The applicant shall file one (1) copy with the local Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39.

b. Fees for Preliminary Site Plan Application. At the time of the submission of the preliminary site plan for approval by the Board, fees shall be paid in accordance with the provisions of Section 18-14. (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 fourteen (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 ten (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 ten (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 ten ($10.00) dollars shall within seven (7) 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 twenty-five (25%) percent 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 (3) 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 (1) year but not to exceed a total extension of two (2) 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 ten (10) acres or less within forty-five (45) days or on any site plan of greater than ten (10) acres within ninety-five (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 ninety-five (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 one hundred twenty (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 ten (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 twenty-five (25%) percent of the fee for the original filing.

1. 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 sixty ($60.00) dollars, plus twenty ($20.00) dollars 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 (1) copy of the signed preliminary site plan to each of the following:

1. Borough Engineer.

2. Planning or Zoning Board. (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 (3) years after the date of preliminary approval and at least fourteen (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 (9) copies of the application, surveys, maps, drawings, exhibits and other documents.

2. The Borough Clerk shall transmit copies of the final site plan with completed application form as follows:

(a) Two (2) copies to the Planning Board.

(b) Two (2) copies to the Zoning Board of Adjustment if the Zoning Board of Adjustment has jurisdiction.

(c) One (1) copy to the Borough Engineer.

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 forty-five (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 thirty (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 thirty (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 ten (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 ten (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 sixty ($60.00) dollars plus twenty ($20.00) dollars 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 in the office of the Planning Board Elected Secretary. The Planning Board Elected Secretary shall send one (1) copy of the signed final site plan to each of the following:

1. Borough Engineer.

2. Construction Official.

3. Tax Assessor.

4. Planning or Zoning Board.

5. Applicant. (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 forty-five (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 (2) years after the date of final approval.

If no building permit is issued within twelve (12) calendar months, or if no Certificate of Occupancy is issued within twenty-four (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 twelve (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 (1) 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)