City of Long Branch, NJ General Regulations

Finished grade. In the event that a lot or lots are to be regraded in order to increase the lot height, and as a result building height shall be increased beyond the original allowable height and no other provision of this section requires the prior approval of the same, then in that event, a variance shall be required. It is the intent of this subsection to prohibit the increase of allowable building height by means of the use of mounding, terracing or other devices without the appropriate board reviewing and approving a variance for such proposed grade changes. However, such approval shall not be required for a single-family home with an increase of lot height of 18 inches or less measured at the average perimeter of the building.

In the case of existing grades with slopes the measurement for any allowed height and/or number of stories for any proposed structures along this slope shall be calculated along a line which runs parallel to the existing slope and is measured at each point along this line, provided that no increase in height and/or number of stories shall be allowed which is greater than what each zone or use allows at the highest point of the existing or finished grade, whichever is less.

In no case shall any below-grade level (basement, parking level, crawl space, etc.) be counted in the number of stories allowed on any site or for any use.

Exception relating to properties located within advisory flood hazard zones and special flood hazard areas. To comply with the flood damage prevention requirements in City Ordinance Chapter 177, properties located within advisory flood hazard zones and special flood hazard areas as defined in Chapter 177:

[Added 3-12-2013 by Ord. No. 3-13]

Are allowed up to an additional three feet and/or less than ten-percent additional height above the allowable maximum building height in feet as defined in Zoning Ordinance Chapter 345 for the applicable zone;

Must not exceed the allowable maximum building height in stories as defined in Zoning Ordinance Chapter 345 for the applicable zone.

Must comply with § 345-17.

Irregularly shaped lots. In the case of existing irregularly shaped lots, the minimum lot width specified in the Schedules may be measured at the building line, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 50% of the minimum lot width requirements. The creation of any new irregularly shaped lots is prohibited.

(Reserved)[1]

Editor's Note: Former Subsection C, regarding exception to front yard setback requirements, was repealed 6-21-2023 by Ord. No. 17-23.

Exception relating to industrial use. Within the Industrial Zone, use boundaries which were designated on the Zoning Map dated August 2, 1977. Industrial uses shall remain as permitted uses; provided, however, that any expansion is limited to the maximum lot coverage established for the current Industrial Zone use.

Exception relating to alterations to existing nonconforming structures.

Alterations, as applied to a nonconforming structure, shall only include a change or rearrangement in the structural supports or a change in the exterior appearance of a structure.

A nonconforming structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 50% of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alterations are not permitted unless the structure is changed to conform to the requirements of this chapter.

A nonconforming structure may not be enlarged, extended, increased in height, width or depth or moved, relocated or modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms unless such structure is changed to a structure conforming to the requirements of this chapter, except that an existing one-family structure (principal or accessory) may be enlarged, extended or added to, provided that:

[2]The enlargement, extension or addition conforms to all yard requirements;

Editor's Note: Original Subsection 20-5.3e3(a), regarding location of a structure on a lot meeting minimum lot area requirements, which immediately preceded this subsection, was repealed 8-25-1998 by Ord. No. 28-98.

The portion of the enlargement, extension or addition which does not conform to yard requirements consists entirely of the enclosure of existing side or rear porches;

[Amended 11-25-1997 by Ord. No. 39-97]

(c) The portion of the enlargement, extension or addition which does not conform to yard requirements consists entirely of a second floor addition located above an existing first floor area or existing foundation; or

[Added 11-25-1997 by Ord. No. 39-97]

The proposed enlargement, extension or addition consists of an area no greater than 300 square feet, which shall be located in such a manner as to square off an irregular building layout and does not decrease the existing principal structure setback.

[Added 11-25-1997 by Ord. No. 39-97]

The enclosure of any front porch area shall maintain a minimum of at least 60% of the vertical surfaces as something other than solid walls.

[Added 11-25-1997 by Ord. No. 39-97]

All exterior finishes for any enlargement, extension or addition must be uniform and match that which is applied to the existing structure.

[Added 11-25-1997 by Ord. No. 39-97]

Accessory structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal structure unless:

The lot conforms to minimum lot area requirements.

A single- or two-family principal residential building exists on the lot.

The new accessory structure conforms to all requirements of this chapter for accessory buildings and uses. (See § 345-11P.)

Finished grade. In the event that a lot or lots are to be regraded in order to increase the lot height, and as a result building height shall be increased beyond the original allowable height and no other provision of this section requires the prior approval of the same, then in that event, a site plan shall be submitted to the Planning Board of the City of Long Branch. It is the intent of this subsection to prohibit the increase of allowable building height by means of the use of mounding, terracing or other devices without the appropriate board reviewing and approving a site plan of such proposed grade changes. However, such approval shall not be required for a single-family home with an increase of lot height of 18 inches or less measured at the average perimeter of the building.

One-family principal buildings shall be allowed a modification from existing height limitations of this chapter, provided that for each one foot of building elevation, an additional five feet of setback for each front, side and rear yard shall also be provided. In addition, this modification shall not exceed a maximum of 38 feet or three stories in heights.

[Added 5-11-1999 by Ord. No. 25-99]

Exception relating to single-family dwellings. Should the enlargement, extension or addition of single-family dwellings include bedrooms as defined in § 345-3, each bedroom over four bedrooms shall require that an additional parking space be provided in an appropriate yard space as per § 345-42, and that not more than 20% of the front yard area be used for parking or driveways and that total lot coverage maximums not be exceeded.

[Added 7-25-2000 by Ord. No. 25-00; amended 8-26-2008 by Ord. No. 18-08]

(Reserved)[3]

Editor's Note: Former Subsection I, regarding telecommunications devices/arrays, added 5-8-2001 by Ord. No. 17-01, was repealed 7-14-2021 by Ord. No. 17-21

Exceptions concerning site plan approvals within the Oceanfront-Broadway Redevelopment Zone. Any project or proposal located within the Oceanfront-Broadway Redevelopment Zone shall be exempt from the redevelopment design guideline requirements, provided that they comply with all of the following conditions:

[Added 3-10-2009 by Ord. No. 2-09]

The project/proposal received formal site plan approval from either the Planning Board or Zoning Board of Adjustment;

The project/proposal received site plan approval between May 17, 1996 (date of adoption of the Oceanfront/Broadway Master Plan), and October 22, 2002 (date of adoption of the design guidelines);

The project/proposal has not received formal redevelopment project approval from the City of Long Branch Redevelopment Agency prior to October 22, 2002;

The project/proposal has obtained and maintained valid zoning/construction permits based upon the formal site plan approval; and

The project/proposal is consistent with and in compliance with the Oceanfront-Broadway Redevelopment Plan and the proposed use is permitted under the Oceanfront-Broadway Redevelopment Plan.

Farm markets and/or community farmers’ markets as outlined in § 345-3 shall be allowed as a permitted use in the C-1, C-2, and C-3 Zoning Districts, provided that the following criteria and procedures are complied with:

[Added 5-26-2009 by Ord. No. 9-09[4]]

A farm market permit application must be filed with the Planning and Zoning Department. As part of the application, appropriate documentation (survey/site plan showing location of farmers/growers, types of produce, tables, parking, signs, data, etc.) must be submitted. All items as outlined in § 345-47.1A and B above must be documented and provided for review and approval.

Obtain approval by the City Council and/or Special Events Committee and/or designated technical expert(s) as required.

Obtain required health, public works, construction, food vendor, recycling and waste management approvals and permits.

Farm markets and/or community farmers’ markets are permitted on a seasonal basis for one year from the date of issuance.

Editor’s Note: This subsection was added as Subsection J and was renumbered as Subsection K 9-22-2009 by Ord. No. 16-09.

Exception relating to permanent generators. In the case of a permanent generator, a generator is permitted in a side or rear yard.

[Added 3-12-2013 by Ord. No. 3-13]

A generator less than 100 square feet in size is permitted to be a minimum of five feet from the side and rear property lines.

In the case of preexisting nonconforming air-conditioning condensers in a side or rear yard, the generator may be located in alignment with the preexisting nonconforming air-conditioning condensers.

All generators must comply with building and fire code requirements, including but not limited to distance from windows, walls and doors.

§ 345-11 Additional provisions.

Preservation of natural features. No structure shall be built within 100 feet of the top of the bank of a flowing body of water. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface. No person shall strip, excavate or otherwise remove topsoil 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. Existing natural features such as trees, brooks, drainage channels and view 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, whenever possible, at the discretion of the Planning Board.

Waste disposal. The dumping of refuse, waste material or other substances is prohibited in all districts within the City with the exception of designated sanitary landfill operated by the City. Only inorganic matter may be used for the purpose of fill in order to establish grades, and a permit must be obtained by the owner from the City Council prior to such action.

Storage of materials. No person shall store materials of any kind on the premises in any district except in conjunction with bona fide warehouses and the construction of a structure to be erected on the premises upon which the materials are stored for a period of one year from the date of the commencement of storage unless a permit is granted by the City Council.

Exterior design and appearance of residential buildings. The exterior design and appearance of buildings erected in the same residential neighborhood shall be subject to the provisions of Chapter 128, Buildings, Design of.

No lot in a residential zone other than a townhouse parcel developed in accordance with an approved site plan shall have erected upon it more than one principal, one-family residential building. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.

At the intersection of two or more streets, no hedge, fence or wall, other than a single post or tree not exceeding one square foot in cross-section, which is higher than three feet 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 points each 25 feet distant from the intersection along the street lines.

Every principal building other than a townhouse structure within a complex constructed in accordance with an approved site plan shall be built upon a lot with frontage upon a public street improved to meet the City's requirements or for which such improvements have been ensured by the posting of a performance guaranty pursuant to Chapter 300, Subdivision of Land.

All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which they are located. Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets, for both principal and accessory buildings.

Where a building lot has frontage on a street which the development plan or the Official Map indicates is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.

No front yard shall be used for open storage of boats, vehicles or any other equipment except for vehicular parking on driveways, but not to include parking lots. All open storage areas which have secured permits from the City Council shall be properly landscaped. None of the aforesaid vehicles, boats or any other equipment shall be stored less than 10 feet from the rear or side lines of the principal building, nor shall any such boats, recreation vehicles or other equipment be stored in a public street.

Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.

All yards, open space, off-street parking and required landscaping must be contained within the zone in which this use is permitted.

Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district shall be automatically extended to the center of such vacated public way, and all that are included in the vacated area in question shall be subject to all appropriate regulations of the extended district.

When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures of use and any proposed structures or use.

The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities such as pumping stations, repeater stations and electric substations which require a structure above-grade shall be subject to the provisions of this chapter with respect to other uses requiring conditional use permit application as indicated in each of the respective districts and subject to §§ 345-57 and 345-61.

Any accessory structure or use attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory structures or uses shall be located in other than a front yard, and if located in a side yard area, shall conform to side yard requirements of the schedules (§ 345-102 et seq.) for the appropriate zone and shall observe a rear yard setback of not less than 10 feet, except where otherwise stated.

[Amended 2-14-1995 by Ord. No. 8-95; 8-25-1998 by Ord. No. 28-98; 4-10-2007 by Ord. No. 16-07]

In the case of a shed, a shed under 100 square feet is permitted in a rear yard area to be a minimum of five feet from the property line, with a maximum number allowed to be two.

On all properties located within the R-1 Residential Zone, which either meet or exceed the minimum lot frontage, lot depth, and lot area requirements for the R-1 Zone, a minimum side and rear setback of 20 feet is required for any accessory structure or use.

Any accessory structure proposed within any residential zone district or for any residential use in any other district must conform to the following:

Any proposed accessory structure must match as close as feasible the architectural styling/design as that of the principal structure located on the property (exception: sheds of 100 square feet or less).

Any proposed accessory structure must use as close as is practicable the same exterior architectural materials and colors as that which the principal structure is constructed (exception: sheds of 100 square feet or less).

The roof pitch of any accessory structure must match the roof pitch of the principal structure located on the property. This provision will allow an exception to the fifteen-foot maximum height for accessory structures, provided that in no case shall an accessory structure be taller than 25 feet or higher than the principal structure located on the property, whichever is less (exception: sheds of 100 square feet or less).

The increased attic area/volume created within accessory structures subject to the roof pitch/height allowance shall not be used for any use other than storage of personal items owned by the occupant residing in the principal structure on the property. The creation of any "finished" second floor room or use other than open lofted storage in any accessory structure is prohibited.

On properties where the principal structure contains a flat roof, all accessory structures may have a peaked roof provided that in no case shall an accessory structure contain a height of greater than 15 feet.

Sport courts. The minimum setback for any sport court located in all zone districts shall be 20 feet. Exception: Any basketball play area located upon a legal paved driveway is excepted from this requirement.

No detached accessory structure shall be converted to or used as habitable space or a habitable dwelling unit.

In Residential Zones R-1 through R-8, or with regard to any single-family property in any other zone, any accessory building, such as but not limited to detached garages, cabanas, outbuildings, sheds, workshops, greenhouses, pool houses, animal shelters, etc., shall conform to the following:

[Added 7-28-2009 by Ord. No. 14-09]

Shall not be greater in floor area than 50% of the footprint of the principal structure or use located on the property and shall not exceed a total combined size of 700 square feet;

Shall not have more than two accessory buildings per property;

Shall not be used for office space in which no occupation, business or service for profit is carried on, and no stock-in-trade materials are permitted to be stored; and

Shall include at least one parking space if a garage is not present on site.

(7)

Temporary outdoor storage; storage of certain items prohibited on residential property. In areas zoned residential, it shall be unlawful to allow outside storage of any of the following:

[Added 12-27-2011 by Ord. No. 40-11]

Any bulk household items such as appliances or nonoutdoor furniture, except in a fully enclosed structure as permitted by the Zoning Ordinance.

Construction material and equipment, including, but not limited to, ladders, scaffolding, cement, concrete, building blocks, sheetrock, plywood, studs or beams, plywood, sand and aggregate piles, fuel storage devices, pipes, cement mixers, excavating equipment, etc., for more than 60 days unless there is a valid building permit issued.

Landscaping equipment and supplies, including, but not limited to, mowers, chippers, shredders, pavers, mulch in bags or piles for more than 60 days.

Fuels, flammable liquids, tires and other motor vehicle equipment and parts.

(8)

Temporary outdoor storage units. PCPSFs in all R Residential Zones or on residential uses in other zones.

[Added 12-27-2011 by Ord. No. 40-11]

Zoning permit. A zoning permit is required for the placement of any PCPSF lasting longer than two weeks.

Location.

Front yard. No PCPSF shall be located within a front yard unless located on an existing driveway.

Side and rear yards. PCPSF must be located at least 10 feet from side and rear property lines.

Time limit.

No PCPSF shall be located on specific residential premises for a total of more than six months (180 days).

Extension. One consecutive six-month extension of the PCPSF zoning permit may be applied for. The granting of any requested extension shall be based upon a review conducted by the appropriate City officials. Unless otherwise determined, no additional extensions shall be permitted, and the approved extension shall not exceed one consecutive six-month one-hundred-eighty-day time period. No PCPSF shall be located on a specific residential use for a total of more than one year (12 months).

If more than one PCPSF is utilized:

[a]

The allowable time period shall commence at the time the first PCPSF is physically situated on the property.

[b]

A maximum of two PCPSFs are permitted on any property.

If located on an existing driveway in a front or side yard after the allowable six-month time period, a one-time application to relocate in the rear yard is permitted as per the time limit extension section of this subsection.

[5]

If a PCPSF is used for construction purposes only and the construction lasts longer than the one-year time period, one additional one-year time period may be permitted pending a new zoning permit application and City official review.

Other requirements. The following requirements shall be met by the owner and/or occupier of the residential premises with respect to a PCPSF:

The PCPSF situated on residential property shall only be used for the storage of personal property, furniture and household items normally located on or in a residential dwelling or premises.

All PCPSFs shall not be used for storage of any type of business equipment, fuels or flammable liquids.

All such PCPSFs shall:

[a]

Not exceed seven feet in height, 16 feet in length and eight feet in width.

[b]

All access doors shall be secured with locks.

No proposed development within 50 feet of Ocean Boulevard shall be permitted to have any structure designed with either the rear elevation or side elevations facing Ocean Boulevard.

A minimum thirty-foot front yard setback to all new buildings shall be required for all properties fronting on Ocean Boulevard in the area located between Morris Avenue and the Monmouth Beach boundary line. No new parking facilities shall be permitted in this area in any front or side yards abutting Ocean Boulevard.

In the event that any section, subsection or definition in this chapter shall conflict with any provisions of the BOCA Code, the State Uniform Construction Code or any other state or federal statute, rule or regulation, and the municipality is prohibited by said statute, rule or regulation from adopting stricter standards, then, in that case, the Planning Board shall exercise its jurisdiction in reviewing the application or applications before it is based on the applicable state or federal statute, rule or regulation.

When a request is made to construct or add on to a single-family home in a zone which does not permit the same, then, in that event, the structure must comply with the least restrictive residential bulk requirements.

Notwithstanding anything to the contrary set forth in this chapter, the maximum height of any structure located on a lot, parcel or site within a nonresidential zone, which lot, parcel or site is adjacent to a residential zone (not including RC zones), shall be four stories. The minimum setbacks for side or rear yards abutting residential zones shall be as follows:

One to two stories: Must equal the minimum required for the abutting residential zone.

Three to four stories: fifty-foot minimum.

Decks, walkways and patios shall be permitted in any residential zone or in conjunction with any residential use, as an accessory use, provided that the following criteria be met:

[Amended 6-21-2023 by Ord. No. 17-23]

One-family.

Ground level decks and patios located in the front yard must meet the front yard setbacks of the particular residential zone in which they are located.

Any deck, walkway or patio located in a side or rear yard must be at least 10 feet from any side or rear property line.

Elevated decks shall not be permitted in a front yard area.

Elevated decks located in a side or rear yard must meet the side or rear yard setback requirement for buildings of the particular residential zone in which they are located.

Decks/patio areas shall be included with the building footprint in determining maximum allowable lot coverage of all buildings.

Two-family and multifamily.

Ten-foot minimum side/rear yard setback.

Not permitted in front yard area of tract.

Deck/patio cannot extend greater than 10 feet from structure.

Architectural design, styling, use of materials and color must be consistent and similar for any and all other decks/patios to be constructed in the same multifamily use.

All deck/patio areas shall be included within the building footprint in determining maximum allowable lot coverage of all buildings.

All elevated decks shall be considered as balconies and must be included in the building footprint when determining side and rear yard setbacks.

(g)

Guidelines for deck construction, materials and regulations must be included in any homeowners' association/condominium association rules and controls.

Principal permitted use or principal building.

Unless otherwise permitted in a specific zone as set forth in Article IV, Zone District Use Regulations, or as permitted in Subsection E, no lot shall have erected upon it more than one principal permitted use or one principal building.

An exception to this is that there shall be no limit as to the number of permitted principal commercial/professional uses allowed in one principal building in the following zones: C-1, C-2, C-3, RC-1, RC-2, R-8 and MB.

[Amended 5-14-1996 by Ord. No. 15-96]

Open space and recreation. In all major subdivisions and residential site plans of six units or greater, the developer shall reserve an area as specified in § 345-18 for recreational purposes. The developer shall improve this area for active and passive recreation. Plans for the improvements of this recreation area shall be an integral element of any preliminary plat and final construction drawings for any major subdivision or residential site plan of six units or greater, including the requirements of §§ 345-9 through 345-18. The developer shall have the option to post an off-tract assessment in the amount of $750 per lot or unit to be used for the construction of recreational facilities within the City or provide services or property equal to said amount.

Circular driveways. Circular driveways shall be permitted in the front yard of a one-family dwelling located in the R-1, R-2 or R-3 Zones subject to the following criteria:

The driveway shall not be closer than 10 feet to any side or rear property line.

A separate parking area/garage entrance area must be provided in any yard area, except the front yard, and cannot be located closer than 10 feet to any property line.

The maximum allowable width of any circular driveway shall be 12 feet.

[Added 8-26-2008 by Ord. No. 18-08; amended 6-21-2023 by Ord. No. 17-23]

Outdoor dining. In those zones where outdoor dining is permitted, the following regulations and conditions shall apply over and above any others stated in this chapter:

One additional parking space for every four outdoor seats established shall be provided, unless there is no actual increase in the seating capacity of the establishment (e.g., number of inside seats reduced by number placed outside).

Obtaining minor site plan approval.

Obtaining Health Department approval.

The entire outside area must be thoroughly cleaned at the end of each night.

AA.

Any handicapped ramps for single-family homes shall be allowed based on the same standards as sidewalks or walkways for single-family homes.

[Added 7-25-2000 by Ord. No. 28-00]

BB.

Adult materials in retail establishments.[1]

[Added 9-25-2001 by Ord. No. 35-01]

No person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years of age or who is in the business of making sales of periodicals or other publications, at retail, containing pictures, drawings or photographs, shall display or permit to be displayed at his/her business premises any obscene material at a location other than behind the counter of the business establishment, in an area under employee control. The public display of the obscene materials shall constitute presumptive evidence that the retailer knowingly made or permitted this display. For the purpose of this section, "obscene material" means any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details:

Depicts or describes in a patent or offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, exploitatory functions, or lewd exhibition of genitals.

Lacks serious literary, artistic, political or scientific value when taken as a whole.

Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.

Any person or corporation who shall violate or fail to comply with the provisions of this subsection shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or both.

This subsection shall be enforceable by the Zoning Officer, Code Enforcement Officer, or any designee thereof of the City of Long Branch, or any law enforcement officer of the State of New Jersey.

Display. In this subsection, "display" shall be defined as the offering for sale of an item, good, ware, publication or product through visible presentation of same to the general public.

The utilization of greater than 2% of the floor area of the interior of the establishment for the display of obscene material shall be presumptive evidence of the use of said premises being for adult entertainment purposes.

Editor's Note: For related provisions, see the definition of "video stores, retail" in § 345-3 and § 345-47, Adult entertainment uses.

§ 345-12 Prohibited uses.

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:

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.

Auction markets.

Junkyards and automobile wrecking or disassembly yards.

The keeping and raising of any animals other than dogs or cats or other animals licensed by the Health Department.

[Amended 4-24-2018 by Ord. No. 9-18]

Trailer courts and trailer coaches used as dwelling or commercial activities related to the outdoor storage or display of trailer coaches.

Privately operated dumps for the disposal of garbage, trash, junk, refuse and similar materials.

Any use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.

Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products. (See § 345-45.)

The manufacture of concrete and bituminous materials.

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.

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).

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.

Automobile repair or automobile body centers, shops or businesses.

Boardinghouse, rooming house or lodging house.

§ 345-13 Application for use variance.

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.[1]

Editor's Note: The application form and checklist may be found on file in the office of the City Clerk.

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.

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.

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.

§ 345-14 Site plan review.

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.

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.

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.

Plans and information to be submitted shall include the following:

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.

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."

Certified building plans for all new structures or existing structures to be structurally modified, including floor plans and building elevations.

A map, known as the "site plan," signed and sealed by a professional engineer or architect, containing the following information:

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.

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.

The location and dimensions of sidewalks, walkways and all other areas to be devoted to pedestrian use.

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.[2]

Editor's Note: See N.J.S.A. 6:1-80 et seq.

[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.

The Green Checklist[3] 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]

Editor's Note: The Green Checklist is included as an attachment to this chapter.

Editor's Note: The application form and checklist may be found on file in the office of the City Clerk.

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.[4]

[Amended 4-11-2006 by Ord. No. 9-06]

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.

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.

Editor's Note: The application checklists may be found on file in the office of the City Clerk.

Preliminary site plan approval. Site plan approval of 10 acres or less or 10 dwelling units or less:

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.

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.

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]

Final site plan approval.

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.

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.

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.

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.

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]

Stamp of approval.

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.

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,[5] 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.

[5]

Editor's Note: See Ch. 147, Construction Codes, Uniform.

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.

Site plan review and approval shall not be required for individual lot applications for detached one-family homes.

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.

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.

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.[6]

[6]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Performance guaranty.

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.

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]

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]

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.

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.

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.

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.

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.

Disposition of guaranties.

The City Clerk shall hold the instrument of performance guaranty. Duplicate copies of that instrument shall be held by the Planning Board.

The comptroller shall hold all of the cash portions of performance guaranties and deposit them in interest-bearing accounts.

Release of guaranties.

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.

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.

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.

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.

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.

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.

(7)

This section shall comply with the provisions of N.J.S.A. 40:55D-53, as amended, and any portion of this section that is inconsistent with N.J.S.A. 40:55D-53, as amended, be and in the same is hereby revoked.

[Added 4-24-2018 by Ord. No. 4-18]

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.

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.

§ 345-15 Minor site plan.

Any applicant meeting the definitional requirements of a minor site plan who applies for such approval may, at the discretion of the governing board (Planning Board or Zoning Board, where appropriate), submit plans which have not been prepared by licensed professionals. Such site plans, floor plan layouts and/or exterior sketches must be legibly drawn and contain enough information to enable the Board to make an intelligent decision concerning the project in question, but in no event shall they be required to contain more detail than required for a construction permit. All such plans must be superimposed on a currently valid survey plat. Any applicant who receives minor site plan approval, however, will be required to meet any additional plan requirements of the Health Department and Building Department of the City of Long Branch prior to applying for and obtaining any necessary permits.

§ 345-16 Extension of approvals.

Any request for extension of approvals must provide the following and conform to the specific criteria for extensions as set forth in N.J.S.A. 40:55D-52a and 40:55D-52b, where applicable:

File completed extension request form.

Provide appropriate fee as prescribed in Chapter 69, Land Use Procedures, § 69-29, Fees.

Provide six copies of the most recent architectural elevations and floor plans, along with six copies of the most recent site plan, landscaping plan, lighting plan, grading/drainage plan and soil sediment control plan.

Public notice shall be given pursuant to N.J.S.A. 40:55D-12, where applicable.

Any request for an approval extension must be filed at least 30 days prior to the project's previously recorded day of expiration.

§ 345-17 Floodplain flood hazard area regulations. [1]

[Amended 3-12-2013 by Ord. No. 3-13]

Purpose and policy. It has been established that since floodplain developments and encroachments aggravate flood conditions, the most appropriate method of alleviating such conditions is through regulation of such developments and encroachments. It is therefore determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this section for the protection of the persons and property of the inhabitants and for the preservation of the public health, safety and general welfare.

Applicability. The restrictions of this section are applicable to areas in the City subject to flooding in areas known as the "floodplain" or the "flood hazard area" as defined in this section. These restrictions shall be in addition to the controls of the applicable zoning district covered by the flood hazard area as defined as follows:

"Floodplain" shall mean the areas, usually a relatively flat or low land area adjoining a river, street, watercourse, ocean, bay or lake, including the floodway and flood fringe areas, as identified as a flood hazard area per this section;

"Flood hazard area" shall mean the maximum area of the floodplain which is likely to be flooded once every 100 years. For the purposes of this section, it is the area identified in accordance with Section 1360 of the National Flood Insurance Act of 1968 and delineated as advisory flood hazard zones and special flood hazard areas on the Official FEMA Advisory Flood Map and Insurance Rate Map as defined in Ordinance Chapter 177.

Regulations. The following regulations shall govern development in the floodplain and the flood hazard area:

All conditions set forth in the following chapters and sections of the City Ordinance:

Flood Damage Prevention: Chapter 177;

Height: § 345-10A(4);

Flood hazard permit requirements: § 345-17D;

Stream corridor protection: § 345-17.1.

Flood zone determination. Written confirmation as to the flood zone determination for a particular property within the City of Long Branch may be requested from the floodplain manager.

Flood hazard requirements.

Advisory flood hazard zones and special flood hazard areas. Properties located within advisory flood hazard zones and special flood hazard areas as defined in City Ordinance Chapter 177, Flood Damage Prevention, are required to comply with this section.

Applications. All applications require:

Elevation certificate;

Zoning and/or grading permits;

Construction permits as required by the Building Department;

Compliance with NJDEP flood hazard area rules;

Compliance with City Ordinance Chapter 177 and Zoning Ordinance §§ 345-10A(4), 345-17, and 345-17.1.

The following activities do not require a zoning or grading permit:

The repair or maintenance of a building such as replacing siding, windows or roofs in the same location;

The repair, renovation or reconstruction of any structure destroyed in a storm as long as the structure is replaced within the same footprint, in the same location and size as measured in three dimensions (length, width and height), is not enlarged, does not increase the use, number of units, bedrooms and parking spaces, and does not change the existing grade;

The repair, renovation or reconstruction of any accessory structure (i.e., detached garage, shed, patio, fence, deck, etc.) destroyed in a storm as long as the structure is replaced within the same footprint, in the same location and size as measured in three dimensions (length, width and height), is not enlarged, does not increase the use, and does not change the existing grade;

Debris removal and clean up;

The grading of the property less than 18 inches to alleviate flooding or ponding problems and without increasing runoff or drainage to neighboring properties.

Editor's Note: See Ch. 177, Flood Damage Prevention.

§ 345-17.1 Stream corridor protection.

[Added 6-26-2012 by Ord. No. 11-12]

Purpose.

The governing body of the City of Long Branch finds that properly vegetated riparian lands adjacent to streams, lakes or other surface water bodies (referred to as "stream corridors" or "riparian areas") provide important environmental protection and resource management benefits. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along surface water bodies within Long Branch, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas.

The purpose of this section is to designate riparian zones and to establish minimal acceptable requirements for the design of buffers to protect riparian areas; to protect the water quality of watercourses, lakes and other significant water resources; to protect riparian and aquatic ecosystems; and to provide for the environmentally sound use of Long Branch's land resources.

Definitions.

RIPARIAN ZONE MANAGEMENT PLAN

As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE AUTHORITY

The Planning Board, Board of Adjustment, Construction Office or Zoning Office with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.

APPLICANT

A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment, Construction Office, or Zoning Office to engage in an activity that is regulated by the provisions of this section and that would be located, in whole or in part, within a regulated riparian zone.

DISTURBANCE

The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

RIPARIAN ZONE

The land and vegetation within and directly adjacent to all surface water bodies, including, but not limited to, lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), Category One waters as shown on the USGS Quadrangle Map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean or along any man-made lagoon or oceanfront barrier island, spit or peninsula.

A plan prepared by a landscape architect, professional engineer or other qualified professional that evaluates the effects of any proposed activity or use on any riparian zone. The plan shall identify existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to any affected riparian zone.

All other words and/or terms utilized in this section shall be as defined or described in the Water Quality Management Planning rules, N.J.A.C. 7:15, the Stormwater Management rules, N.J.A.C. 7:8, and/or Flood Hazard Area Control Act rules, N.J.A.C. 7:13, as they exist as of the effective date of this section and as they may be amended over time.

Establishment of riparian zones.

Applicability. Except as provided in Subsections D, F and G below, riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance. Riparian zones shall be delineated along all surface water bodies in the City of Long Branch as defined in this section, including but not limited to the following: Branchport Creek, Manahassett Creek, Troutman's Creek, Poplar Brook, Shrewsbury River, Whale Pond Brook, and Takanassee Lake.

Applicant's responsibility. The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area of the riparian zone on any plan submitted to the City of Long Branch in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the City Engineer and, where required by state regulation, the New Jersey Department of Environmental Protection.

Mapping standards. Riparian zones shall be delineated as follows:

There is no riparian zone along the Atlantic Ocean or along any man-made lagoon, stormwater management basin, or oceanfront barrier island, spit or peninsula.

The riparian zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed. (There are no C1 waters in Long Branch.)

The riparian zone shall be 150 feet wide along both sides of the following waters not designated as C1 waters.

Any trout production water and all upstream waters, including tributaries (none in Long Branch);

Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water (none in Long Branch);

Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal as identified in the City's 2011 Environmental Resource Inventory, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and

Any segment of a water flowing through an area that contains acid-producing soils (none in Long Branch).

For all other surface water bodies, a riparian zone of 50 feet wide shall be maintained along both sides of the water.

If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:

Along a linear fluvial or tidal water, such as a stream, the riparian zone is measured landward of the feature's center line;

Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;

Along a nonlinear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and

Along an amorphously shaped feature such as a wetland complex, through which water flows but which lacks a discernible channel, the riparian zone is measured landward of the feature's center line.

Permitted uses. Unless otherwise provided for by this section, riparian zones shall remain in or be restored to their natural, indigenous state, with no clearing or cutting of trees and brush, altering of watercourses, regrading or construction. For riparian zones in C1 waters, permitted uses are governed by the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, unless otherwise exempt. The following shall be permitted uses or activities in all other riparian zones, provided that they do not disturb the indigenous character of the area:

Public and private parkland and open space uses that are primarily passive in character, provided near-stream vegetation is preserved. These uses do not require approval by the Zoning Officer or compliance with an approved riparian zone management plan. Such uses include wildlife sanctuaries, nature preserves, forest preserves, and fishing areas operated for the protection and propagation of wildlife, but excluding structures. Such uses also include swimming and fishing areas, boat launches, unpaved hiking, bicycle and bridle trails, provided that said trails have been stabilized with pervious materials.

Open fences for which a permit has been issued to the extent required by local ordinance.

Crossings by recreational trails, roads, railroads, stormwater lines, sanitary sewer lines, water lines and public utility transmission lines, subject to approval by the Zoning Officer, provided that the land disturbance is the minimum required to accomplish the permitted use, that any applicable state permits are acquired, that any disturbance is offset by buffer improvements in compliance with an approved riparian zone management plan, and that the area of the crossing is stabilized against significant erosion due to its use as a crossing.

Stream bank stabilization or riparian reforestation, which conforms to the guidelines of an approved riparian zone management plan, or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection, subject to approval by the Zoning Officer and subject to compliance with an approved riparian zone management plan.

Maintenance of landscaping, including removal of dead vegetation, fallen trees and in-channel debris; pruning for reasons of imminent public safety; removal of invasive species as noted on a list that will be kept and updated by the City Environmental Commission.

Reconstruction of a structure that predates the adoption of this section in the event of damage or destruction by fire or natural hazards, provided the reconstruction does not have a greater footprint or total area than that of the damaged structure and no change in land use occurs. Any such reconstruction shall be performed in accordance with current state and federal construction standards within floodplains.

Prohibited uses. Any use or activity not specifically authorized in Subsection D, F or G of this section shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:

Removal or clear-cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.

Storage of any hazardous or noxious materials.

Alteration of watercourses, regrading, dumping of trash, soil, dirt, fill, vegetative or other debris.

Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.

Roads, driveways, or motor vehicle traffic except where otherwise permitted by this section.

Parking lots.

Variances. To the extent allowed by the Stormwater Management rules (N.J.A.C. 7:8) and the Flood Hazard Area Control Act rules (N.J.A.C. 7:13), new disturbances for projects or activities in the riparian zone established by this section may be granted by the Board of Adjustment in accordance with § 40:55D-70 of the Municipal Land Use Law, provided that:

The disturbance is proposed to be located on a preexisting lot (existing as of the effective date of this section) and there is insufficient room outside the riparian zone for the proposed use otherwise permitted by the underlying zoning; and

There is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements.

Exceptions. To the extent allowed under the Stormwater Management rules (N.J.A.C. 7:8) and the Flood Hazard Area Control Act rules (N.J.A.C. 7:13), and subject to review and approval by the New Jersey Department of Environmental Protection to the extent required by those rules, the following disturbances for projects or activities in the riparian zone established by this section are allowed:

Reconstruction within the limits of existing impervious surfaces;

Linear development with no feasible alternative route;

Disturbance that is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;

Disturbance necessary to provide for public pedestrian access or water-dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E; or

Disturbance with no feasible alternative required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq.

Performance standards. All encroachments proposed into riparian zones in C1 waters shall comply with the requirements of the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt. As noted, no C1 waters exist in Long Branch. The following conditions shall apply to all other riparian zones:

All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.

Any lands proposed for development which include all or a portion of a riparian zone shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including agricultural use. Said vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved riparian zone management plan.

For building lots which exist as of the date of adoption of this section, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.

All stormwater shall be discharged outside of but may flow through a riparian zone and shall comply with the Standard for Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (See N.J.A.C. 2:90-1.3.) If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability, then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.

Riparian zone management plan. Unless otherwise exempt under this section, a landowner, applicant, or developer proposing any activities regulated by this section and requiring major subdivision or site plan approval shall submit a riparian zone management plan to the City Engineer as described in this section. The riparian zone management plan shall be prepared by an environmental professional, professional engineer or other qualified professional and fully evaluate the effects of any proposed uses on the riparian zone. A riparian zone management plan is not required where the riparian zone is not being disturbed and conservation easements/deed restrictions are applied to ensure there will be no future clearing or disturbance of the riparian zone.

The management plan shall identify existing conditions, including:

Vegetation;

Field delineated surface water bodies;

Field delineated wetlands;

One-hundred-year floodplain;

Flood hazard areas, including floodway and flood-fringe areas, as delineated by the New Jersey Department of Environmental Protection;

Soil classifications as found on soil surveys;

(g)

Existing subdrainage areas with HUC-14 (Hydrologic Unit Code) designations; and

(h)

Slopes in each subdrainage area segmented into sections of slopes that are less than 15%, above 15% but less that 20%, and greater than 20%.

The management plan shall describe all proposed uses and activities and fully evaluate the effects of those uses and activities in a riparian zone; and describe all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances or enhance the riparian zone.

The management plan shall include provisions in narrative and/or graphic form specifying:

The manner in which the area within the riparian zone will be owned and by whom it will be managed and maintained.

The conservation and/or land management techniques and practices that will be used to conserve and protect the riparian zone.

The professional and personnel resources that are expected to be necessary to maintain and manage the riparian zone.

A revegetation plan, if applicable, that includes three layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy. Vegetation selected must be native, noninvasive species, consistent with the soil, slope and moisture conditions of the site. Dominant vegetation in the riparian zone management plan shall consist of plant species that are suited to the riparian zone environment. The City Engineer may require species' suitability to be verified by qualified experts from the Soil Conservation District, Natural Resources Conservation Service, New Jersey Department of Environmental Protection, US Fish and Wildlife Service and/or state or federal forest agencies.

The management plan shall be reviewed by the City Engineer in consultation with the Environmental Commission. The City Engineer shall prepare and submit a report with recommendations to the applicable administrative authority prior to the authority rendering a decision.

The applicable administrative authority may require performance guarantees to ensure implementation of the management plan covering a period of not less than two years in the form of a bond, cash or letter of credit, which shall be provided to the City prior to the issuance of any permits.

Appeals. Any party aggrieved by the location of the riparian zone boundary determination under this section may appeal to the City Engineer. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal. Any party wishing to appeal the determination of the City Engineer shall file a notice of appeal with the Long Branch City Council within 20 days of receipt of the City Engineer's decision. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.

Inspections. Lands within or adjacent to an identified riparian zone may be inspected by an authorized municipal representative as part of the normal review process under the following circumstances:

A subdivision or land development plan is submitted.

A construction permit is requested for new construction which results in a net increase in lot coverage.

A change or resumption of a nonconforming use is proposed.

Excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.

Enforcement. When a riparian zone has been altered in violation of this section, all ongoing development work shall stop and the riparian zone shall be restored. The City shall have the authority to issue a stop-work order to cease all ongoing development work and order restoration, rehabilitation or replacement measures at the expense of the owner or other responsible party, as appropriate, in order to compensate for violation of the provisions of this section.

§ 345-18 Open space and recreation.

All major subdivisions and residential site plans of six units or greater shall be required to provide open space. Developed open space is designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space is designed to preserve important site amenities and environmentally sensitive areas.

Minimum requirements.

Amount of open space required. Ten percent of the buildable area of the tract proposed for development shall be set aside for undeveloped and developed open space.

Size of open space parcels. The area of each parcel of open space designed for active recreational purposes shall be of such minimum dimensions as to be functionally usable and meet or exceed minimums set by the NRPA, National Recreation and Parks Association, or other standards acceptable to the approving authority.

Location of open space parcels. Open space parcels should be convenient to the dwelling units they are intended to serve. However, because of noise generation, they should be sited with sensitivity to surrounding development.

Improvement of open space parcels.

Developed open space. The Board or other approving authority may require the installation of recreational facilities and site improvements, taking into consideration:

The character of the open space land.

The estimated age and the recreation needs of persons likely to reside in the development.

The proximity of municipal recreation facilities.

The cost of the recreational facilities.

The landscape requirements set forth in this chapter.

Undeveloped open space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements, such as the cutting of trails for walking or jogging or the provision of picnic areas, etc. In addition, the Planning Board may require a development to make other improvements, such as the removal of dead or diseased trees and thinning of trees or other vegetation, to encourage more desirable growth, planting, grading and seeding.

Exceptions to the standards. The Planning Board may permit minor deviations from open space standards when it can be determined that:

The objectives underlying these standards can be met without strict adherence to them; and

Because of peculiarities in the tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.

Deed restrictions. All lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Attorney that ensure that:

The open space area will not be further subdivided in the future.

The open space area will continue in perpetuity for the purpose specified.

Appropriate provisions are made for the maintenance of the open space.

Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

Open space ownership. The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer or subdivider, subject to the approval of the Board. The type of ownership may include but is not necessarily limited to the following:

The municipality, subject to acceptance by the governing body of the municipality.

Other public jurisdictions or agencies, subject to their acceptance.

Quasi-public organizations, subject to their acceptance.

Homeowners', condominium or cooperative associations or organizations.

Shared, undivided interest by all property owners in the subdivision.

Homeowners' association. If the open space is owned and maintained by a homeowners' or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include but are not necessarily limited to the following:

The homeowners' association must be established before homes are sold.

Membership must be mandatory for each home buyer and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.

Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners' association.

The association must be able to adjust the assessment to meet changed needs.

Maintenance of open space areas.

In the event that a nonmunicipal organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the Mayor and Council or Administrator may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.

At such hearing, the Mayor and Council or Administrator may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration date of said year, the Mayor and Council or Administrator shall, upon their initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Mayor and Council or Administrator, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the Mayor and Council or Administrator shall determine that such organization is ready and able to maintain said open space in a reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the Mayor and Council or Administrator shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision, subject to judicial review.

The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 345-19 Commercial facade regulations.

[Added 3-24-1998 by Ord. No. 8-98]

The Planning Board of the City of Long Branch shall utilize the Commercial Facade Design Kit,[1] a four-part pamphlet series on file with the Planning Department of the City of Long Branch, in overseeing and requiring new development and renovations of existing structures in all commercial areas of the City of Long Branch.