Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Lavallette 5-22-2006 by Ord. No. 2006-11 (999). Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 37.
Oceanfront construction — See Ch. 44.
Subdivision of land — See Ch. 57.
Zoning — See Ch. 90.

§ 53A-1 Title.

This chapter shall be known and may be cited as "The Site Plan Review Ordinance of the Borough of Lavallette (2006)."

§ 53A-2 Purpose and scope.

A. 
This chapter is adopted pursuant to the Municipal Land Use Law of the State of New Jersey, Chapter 291, Laws of 1975, as amended and supplemented, and as the same may hereafter be amended and supplemented, and is intended to encompass the primary ordinances of the Borough of Lavallette relating to land development and land utilization in said Borough, including Chapter 90, Zoning; Chapter 37, Land Use and Chapter 57, Subdivision of Land, and in furtherance of the purposes expressed in said Municipal Land Use Law.
B. 
The purpose of this chapter shall be to provide rules, regulations and standards to guide the appropriate use and development of land in the Borough of Lavallette in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for density, circulation, parking, utilities, services and aesthetics.

§ 53A-3 Administration of site plan approvals.

A. 
The approval provisions of this chapter shall be administered by the Borough of Lavallette Planning Board in accordance with all applicable provisions of N.J.S.A. 40:55D-1 et seq.
B. 
The Planning Board shall have the power to review and approve or deny site plans and conditional uses simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by a developer, notice of the hearing on the plat shall include reference to the request for such conditional use. The developer shall file the appropriate applications separately and pay all applicable fees.

§ 53A-4 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
ADDITION
As applied to a building or structure, an addition shall mean an enlargement of the original structure by an extension of any side or by increasing the height. An addition must be served by the same mutual main entrance and be served by the electric, water and sewer of the original building or structure.
ADMINISTRATIVE OFFICER
The Planning Board Secretary for matters under the jurisdiction of the Planning Board and to whom the application for development is submitted; the Zoning Officer for matters concerning application for permits under the Zoning Ordinance or Land Development Ordinance.
ADVERSE EFFECT
Development designs, situations, or existing features on a developer's property, or any nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions such as insufficient parking spaces; a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable location; inconvenient street system; unsafe ingress and egress to property; inadequate utilities such as water, drainage and sewerage; unsuitable size, shape and location for any area reserved for public use; infringement upon land designated as subject to flooding; the creation of conditions leading to pollution of the bay or potable water supply; soil or beach erosion from wind or water, from excavation or grading, or other natural and man-made occurrences, all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural supports; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior design of a building or structure.
APPROVING AUTHORITY
The Borough Planning Board when acting under the authority of the Municipal Land Use Law, as amended and supplemented.
APPLICANT
A person, partnership, corporation or public agency requesting permission to engage in some activity on or in the lands and buildings in the Borough of Lavallette and submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a site plan, zoning variance or permit to a structure not related to a street.
BUILDING
Any structure with a roof used or intended for supporting or sheltering any use or occupancy.
BULKHEAD
An upright structure or retaining wall usually along the waterfront, constructed of treated lumber, reinforced concrete, marine alloy steel, fiberglass, PVC or other approved materials.
CERTIFICATE OF COMPLETENESS
A certificate (or letter) issued by the Secretary to the Planning Board after all required submissions have been made in proper form certifying that an application for development is complete and ready for scheduling on the Planning Board agenda.
CERTIFICATE OF OCCUPANCY
A certificate issued upon resale or completion of construction and/or alteration of any building. Said certificate shall acknowledge compliance with all requirements of this chapter and the Land Development Ordinance,[1] such adjustments thereto granted by the Planning Board and/or all other applicable requirements. The certificate of occupancy is issued by the Construction Official after he receives a zoning certificate of occupancy from the Zoning Officer.
CONSTRUCTION OFFICIAL
The official of the Borough of Lavallette appointed pursuant to the Uniform Construction Code of the State of New Jersey.
COVERAGE
The percentage of the plot or lot area covered by buildings and structures.
A. 
Any land within a flood zone (floodway or flood fringe area) as delineated by the Department of Environmental Protection, State of New Jersey;
B. 
Any land that fronts on the ocean or Barnegat Bay or its lagoons; or
C. 
Any land where the water table or surface waters cause particular problems of development, or where development is likely to cause damage to the groundwater.
DAYS
Calendar days unless otherwise specified.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The process of obtaining site plan review. It may also refer to the improvement of land and, in proper context, to a subdivision.
DISTRICT
Any part of the territory of the Borough of Lavallette which is designated on the accompanying Zoning Map and to which certain uniform regulations and requirements of this chapter apply.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and includes the means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVEWAY
A private road or way not less than eight feet in width leading from a public street to a building, structure or parking lot or area. In the case of a residential driveway, it is the area provided for the required off-street parking.
EASEMENT
The right of the property owner, Borough, county, state, or other public or quasi-public agency or their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.
EROSION
The detachment and movement of sand, soil or rock fragments by water, wind, ice and/or gravity.
ESSENTIAL SERVICES
Underground gas, electrical, telecommunications, water transmission or distribution systems, including mains, drains, sewers, pipes, conduits and cables; and including normal aboveground appurtenances, such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
FINAL SITE PLAN APPROVAL
The approval required prior to issuance of a zoning permit, building permit or other permit authorizing the development of land.
GENERAL TERMS AND CONDITIONS
Those as outlined under preliminary approval, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the municipality from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.
GOVERNING BODY
The Mayor and Council of the Borough of Lavallette.
LAND
Any ground, soil, sand or earth, including marshes, drainageways and areas not permanently covered by water, within the municipality. Includes improvements and fixtures on, above or below the surface.
LANDSCAPING
The arrangement of land for human use and enjoyment. It involves the placement of accessory structures, vehicular and pedestrian ways, and plantings or other ground cover such as gravel, stones or other material, and the modification or altering of such structures, vehicular and pedestrian ways, and plant or other ground cover.
LOT
A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purchase or sale, lease or separate use.
LOT AREA
The area, expressed in square footage, of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area. Portions of lots under water shall not be included in calculating lot area.
MAINTENANCE GUARANTY
The security required for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit pursuant to N.J.S.A.40:55D-53 and cash.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Borough of Lavallette as set forth in and adopted pursuant to Section 19 of P.L. 1975, c. 291.[2]
MAJOR SITE PLAN
Any site plan not classified as a minor site plan or exempt site plan per § 53A-6.
MINOR SITE PLAN
A development for which site plan approval is required and for which the following conditions have been met:
A. 
The construction of new drainage facilities is not required nor a change of grades or other alterations or established drainage patterns.
B. 
Exterior facade alterations are proposed and/or new building construction and/or building additions do not exceed 1,000 square feet of gross floor area or 35% of the gross floor area of the existing building, whichever is greater.
C. 
The proposed development does not increase the parking requirements by more than five spaces or increase the existing parking by more than 10%, whichever is greater.
D. 
No new or altered public streets or roads are proposed.
E. 
No part of the site is in a "critical area," as defined in this chapter.
OFF-SITE
Located outside the lot lines of the lot in question but within the property of which the lot is a part, which is the subject of the development application or a contiguous portion of a street or right-of-way.
OFF-TRACT
Neither located on the property which is the subject of a development application nor located on contiguous portions of a street or right-of-way.
OFF-TRACT IMPROVEMENTS
Water, sewer, drainage and street improvements neither located on the property which is the subject of a development application nor located on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings for site plan approval for the same under this chapter and, for the purpose of this chapter, shall include the developer, applicant, agent, engineer or other person authorized to represent the owner as defined herein.
PERFORMANCE GUARANTY
The security which may be accepted in lieu of a requirement that certain improvements be made before the reviewing board approves a final site plan application, including performance bonds, escrow agreements, other similar collateral or surety agreements and 10% cash.
PRELIMINARY SITE PLAN APPROVAL
The approval given to a preliminary site plan when the plan as submitted meets all requirements of applicable municipal ordinances and confers upon the applicant all of the rights provided in § 53A-8 of this chapter.
RECYCLING AREA
Space allocated for collection and storage of source-separated recyclable materials.
RETAINING WALL
A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent washing down or erosion of earth from the upper slope level.
SITE
The lot in question which is the subject of the development application or a contiguous portion of a street or right-of-way.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, grading, vegetation, drainage, utilities, landscaping, easements, floodplains, marshes and waterways.
B. 
The location and elevation of all existing and proposed buildings, structures, streets, driveways, parking spaces, loading and unloading areas, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, signs, lighting and screening devices.
C. 
Any other information that may be reasonably required to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 (N.J.S.A. 40:55D-37 et seq.) of the Municipal Land Use Law.
SITE PLAN APPLICATION
An application to the Planning Board requesting site plan review and approval and accompanied by all of the information required by this chapter.
STRUCTURE
The word "structure" shall include the word "building" and shall include anything constructed, assembled or erected, the use of which requires location on the ground or attachment to something having location on or in the ground, and shall include, by way of illustration and not by way of limitation, houses, stores, fences, steps, decks, tanks, towers, advertising signs or devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels, or other supports, used for business or living purposes. The word "structure" shall not apply to service utilities entirely below ground. The word "structure" shall apply to all patios or decks constructed of concrete or other impervious materials. All structures shall be included in the calculation of lot coverage.
A. 
The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, except that the following divisions shall not be considered subdivisions, provided that no new streets or roads are involved:
(1) 
Divisions of property by testamentary or intestate provisions;
(2) 
Divisions of property upon court order;
(3) 
Conveyances so as to combine existing lots by deed or other instrument.
B. 
"Subdivision" also includes resubdivision, which is the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instruments.
USE
The specific purpose for which a parcel of land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE
Permission granted by the Planning Board to depart from the literal requirements of the Zoning Ordinance of the Borough of Lavallette pursuant to the Municipal Land Use Law, (N.J.S.A. 40:55D-60, 40:55D-40b and 40:55D-70c and d, respectively) and/or the grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
ZONING OFFICER
The official appointed to enforce the Zoning Ordinance and Land Use Ordinance of the Borough of Lavallette, or the deputy of such official, or other person officially appointed to act in the place or stead of the Zoning Officer in the event of his or her absence, disability or disqualification.
ZONING PERMIT (DEVELOPMENT PERMIT)
A document approved and signed by the Zoning Officer, which:
A. 
Is required by ordinance as a condition precedent to the commencement of a use or the issuance of a building permit for the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
B. 
Acknowledges that such use, structure or building complies with the provisions of the municipal Zoning Ordinance or variance therefrom and duly authorized by the Planning Board.
[1]
Editor's Note: See Ch. 57, Subdivision of Land.
[2]
Editor's Note: N.J.S.A. 40:55D-28.

§ 53A-5 Approvals required.

A. 
In all zones, for all proposed uses, subdivisions, site development or construction, other than an exempt development, site plan approval shall be required prior to:
(1) 
Issuance of a zoning permit, building permit or certificate of occupancy for any new structure or for any addition to or alteration of an existing structure that do not meet the definition of an exempt site plan as set forth in § 53A-6.
(2) 
Any change of use of land or structure to a use for which any of the standards of this chapter or the Zoning Ordinance of the Borough of Lavallette[1] are more restrictive or stringent or which requires parking and/or storage space for vehicles larger than passenger automobiles or increases the number of vehicles larger than passenger automobiles to be stored on the site.
[1]
Editor's Note: See Ch. 90, Zoning.
(3) 
The construction or alteration of any public facility, structure or building for which referrals to the Planning Board for review and recommendation is required by N.J.S.A. 40:55D-31.
(4) 
The construction or alteration of or addition to any off-street parking area which provides an increase of five or more vehicle parking spaces as compared to the last approved and/or developed site plan or the number existing at the time of adoption of this chapter.
(5) 
Interior alterations that increase the required number of off-street parking spaces.
(6) 
Construction or installation of underground facilities that alter the general use, appearance or grade of the site.
(7) 
Alteration of any parking area, entrance and/or exit drive, buffer area or other site improvement in conjunction with or subsequent to any condemnation or taking proceeding.
B. 
Site development plans shall be so designed to enhance the general appearance of the Borough, to promote the harmonious use of land, to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health, morals and general welfare, to provide adequate light and air, to prevent the overcrowding of land and buildings and to encourage development and designs consistent with the purpose of the Zoning and Subdivision Ordinances[2] of the Borough.
[2]
Editor's Note: See Ch. 90, Zoning, and Ch. 57, Subdivision of Land, respectively.
C. 
All development or other activity or change requiring or resulting from site plan approval shall comply with the zoning, subdivision and stormwater management requirements of the Borough, as well as all Borough design and performance standards, including off-street parking requirements and including conditions imposed by the approving authority, as shown on the approval plat and as included in the resolution adopted by the approving authority.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
D. 
Building materials and architectural style. Particular attention must be given to the architectural style, selection of materials, building scale, color and texture incorporated into the overall design of the project. Accordingly, as part of the site plan review process, samples of all building materials to be utilized will be submitted to the Planning Board engineer for his review and recommendation prior to being submitted to the Planning Board for its approval. Building materials to be utilized shall be specified on the architectural schematic plans submitted as part of the site plan and subdivision application.
E. 
The requirement for site plan approval shall not limit the requirements for submission of an application to the approving authority for variance or subdivision approval as otherwise required by Borough ordinance or other applicable law.

§ 53A-6 Exempt site plans.

Site plan review and approval by the approving authority shall not be required for development of a single-family dwelling unit or two-family dwelling unit(s) on individual lots.

§ 53A-7 Application for zoning permit; when required.

A. 
All applications by any person wishing to undertake any of the following shall first be made to the Zoning Officer for issuance of a zoning permit:
(1) 
Subdivision of land.
(2) 
Construct a new building or structure.
(3) 
Add to or structurally alter any existing building.
(4) 
Change the use on any land or within any building or structure.
(5) 
Change the occupancy of any business use.
(6) 
Construct, add to or alter any parking area, signs, lighting, drainage facility or any other site improvement above and/or below ground level.
(7) 
Alter the existing condition of any parcel of land.
(8) 
Erect a tent pursuant to the provisions of this chapter.
(9) 
Change in lot size in conjunction with or subsequent to any condemnation or taking proceeding.
(10) 
Exhibition, display or sale of merchandise under § 50-7.
[Added 12-19-2011 by Ord. No. 2011-07 (1097)]
B. 
If the Zoning Officer shall determine, after reviewing an application for a zoning permit, that the proposed undertaking is an exempt development that conforms in all aspects to the requirements of this chapter and the Zoning Ordinance of the Borough of Lavallette[1] and does not require direction for issuance of a building permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291 (Municipal Land Use Law), he shall issue a zoning permit, and the applicant may then apply for a building permit and/or other permits that may be required.
[1]
Editor's Note: See Ch. 90, Zoning.
C. 
If the Zoning Officer shall determine that the proposed undertaking is an exempt development, but does not conform in all aspects to the requirements of this chapter and the Zoning Ordinance and/or requires direction for issuance of a building permit pursuant to Section 25 or 27 of P.L. 1975, c. 291, he shall instruct the applicant that Planning Board approval of an application for development for variance and/or direction for issuance of a building permit is required before a zoning permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.
D. 
If the Zoning Officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board approval of an application for development is required. He shall further advise the applicant which of the following approvals are required:
(1) 
Site plan.
(2) 
Subdivision.
(3) 
Variance.
(4) 
Conditional use.
(5) 
Direction for issuance of a building permit.
E. 
The Planning Board shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of building permit at the same time that it hears and acts upon a minor subdivision, minor site plan, preliminary plat of a major subdivision or a preliminary plat of a major site plan.

§ 53A-8 Requirements for preliminary plat.

All site plans and supporting documents shall comply with the requirements hereinafter set forth and shall contain the following information and data:
A. 
Each site plan submitted shall be drawn to a scale of one inch equals 20 feet or greater.
B. 
All plans shall be certified by a New Jersey licensed architect or engineer and shall include accurate lot lines certified by a registered land surveyor. Plans shall be submitted on one of the following standard sheet sizes: 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections, to be shown on separate sheets of equal sizes, with references on each sheet to the adjoining sheets.
C. 
Boundaries of the tract, North arrow and graphic scale.
D. 
Zone districts in which the lot(s) are located.
E. 
Existing and proposed streets and street names.
F. 
Existing and proposed contour lines at one-foot intervals inside the tract and within 50 feet of the tract's boundaries.
G. 
Existing and proposed buildings and accurate locations and sizes of all buildings on properties adjacent to and across the street from the property in question.
H. 
Title of plans and date of preparation.
I. 
Existing and proposed streams and easements.
J. 
Total building coverage in square feet and percent of lot.
K. 
Total number of existing and proposed parking spaces.
L. 
All dimensions needed to confirm conformity with the Borough's Zoning Ordinance, such as but not limited to buildings, lot lines, parking spaces, setbacks and yards.
M. 
A small key map giving the general location of the parcel to the remainder of the municipality.
N. 
The site in relation to all remaining lands in the applicant's ownership.
O. 
Size, height, location and arrangement of all existing and proposed buildings, structures and signs in accordance with the requirements of this chapter and all other applicable ordinances, including a rendering of each building showing elevations and the proposed use of all structures.
P. 
Proposed circulation plans, including access streets, curbs, aisles and lanes, easements, fire lanes, driveways, parking spaces, loading areas, loading berths or docks, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site in accordance with applicable requirements of this chapter and all other applicable ordinances, including the location of lights, lighting standards, signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be provided from each building entrance/exit along expected paths of pedestrian travel, such as but not limited to access to parking lots, driveways, other buildings on the site and across common yard spaces between buildings where pedestrian traffic can be expected to be concentrated. Plans shall be accompanied by cross sections of streets, aisles, lanes, curbing and driveways which shall adhere to applicable requirements of this chapter and applicable design standards of the Borough's Subdivision Ordinance.[1]
[1]
Editor's Note: See Ch. 57, Subdivision of Land.
Q. 
Existing and proposed buffer areas and landscaping shall be shown on the plan. The landscaping plan, including seeded and/or sodded areas, grading, retaining walls, fencing, signs, recreation areas, shrubbery, trees and buffer areas shall be in accordance with applicable requirements of this chapter and all other applicable Borough ordinances. These plans shall show the location and type of any man-made improvements and the location, species and caliber of plant material for all planted and landscaped areas.
R. 
The proposed location of all drainage, sewage and water facilities with proposed grades, sizes, capacities and types of material to be used, including any drainage easements acquired or required across adjoining properties. Such plans shall be reviewed by the Planning Board Engineer with recommendations to the approving authority. Proposed lighting facilities shall be included, showing the direction and reflection of the lighting.
S. 
Such other information or data as may be required by the approving authority in order to determine that the details of the site plan are in accordance with the standards of the Borough of Lavallette and all other general laws.
T. 
Design load.
(1) 
The design load shall be provided which shall include all information necessary, including, if applicable, the number, design, nature and location of tables, chairs, stools and other seating; number, nature and location of doors and other means of ingress and egress in order for the Planning Board and/or officials to determine permissible occupancy loads for the subject site.
(2) 
The aforesaid design load information shall be provided to the office of the Ocean County Fire Marshal and the appropriate Lavallette Construction Official and such other offices and purposes as the Lavallette Planning Board may from time to time require, simultaneously with the submission of the site plan application.
(3) 
A site plan application shall not be deemed complete until a designated occupancy load based upon the applicable fire and other codes and provided by the appropriate official is filed with the Borough of Lavallette Planning Board.

§ 53A-9 Exceptions.

The approving authority, when acting upon an application for preliminary site plan approval, may grant such exceptions from the preliminary site plan details and design and performance standards set forth in this chapter or any other ordinance of the Borough as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval if the literal enforcement of one or more of said provisions will result in exceptional practical difficulties to or exceptional and undue hardship to the applicant because of peculiar conditions pertaining to the land in question.

§ 53A-10 Preliminary discussion.

A. 
Any person who desires to obtain approval of a site plan or subdivision may request to be scheduled at a conference meeting of the Planning Board for an informal discussion of the proposed development. The purpose of the informal discussion shall be to review overall development concepts to assist the applicant in preparing the submission. No decisions will be made and no formal action will be taken as a result of an informal discussion.
B. 
An informal submission of a site plan shall include sufficient basic data to enable the Planning Board and the applicant to comment upon design concepts such as building location, ingress and egress, parking, major natural features that will have to be recognized or may influence certain design criteria, and the applicant's basic intent for water, sewerage, and storm drainage facilities. Informal submissions are sketches to scale of possible plan(s) for the development of an area. They are not binding on the Borough nor upon the developer and do not necessitate accurate engineered drawings.

§ 53A-11 Applications for development; procedure.

A. 
Submission requirements. All applications for development shall be submitted in triplicate and shall be accompanied by at least 12 copies of the required plat maps and supporting attachments, exhibits and information. The Administrative Officer shall not accept applications for development unless the required fees accompany them as set forth in Chapter 37, Land Use Procedures.
B. 
Administrative review. Upon receipt of an application for development, the Administrative Officer shall review the application for compliance with submission requirements, plat details and supporting exhibits and information. Upon completion of the review, the Administrative Officer shall also, upon receipt of an application for development for a site plan, subdivision and/or conditional use, forward one copy each of the application, plat and attachments to the Planning Board Engineer.
C. 
Engineering review. The Planning Board Engineer shall review applications for development for site plans and conditional uses and shall advise the Administrative Officer and the applicant of any technical deficiencies, required changes and/or recommended changes. Twelve copies of revised plans and attachments that correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the Administrative Officer for further review.
D. 
Certificate of completeness. When all submission requirements have been fulfilled and, in the case of site plans and conditional uses, when reports have been received from the Planning Board Engineer that the plans and attachments submitted are in technical compliance, the Administrative Officer shall issue a certificate (or letter) of completeness and schedule the application for development for public hearing before the Planning Board.
E. 
Conditional approvals.
(1) 
After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board within the time limits set forth within this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
(2) 
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board, to an extent that the Administrative Officer determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board and pay the fees for such revised approval set forth in Chapter 37.
F. 
Planning Board action. In acting upon an application for development for a site plan, the Planning Board shall consider whether the submittal complies to the following standards and regulations:
(1) 
The proposed use is consistent with the Master Plan.
(2) 
The plat submission contains all of the information and data required by this chapter.
(3) 
The details and improvement standards of the plat are in accordance with the standards of this chapter.
(4) 
Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.
(5) 
Adequate provision is made for safe and convenient pedestrian circulation.
(6) 
Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.
(7) 
Adequate provision has been made to meet the stormwater management requirements as outlined in Chapter 55B and any drainage facilities have been approved by the Planning Board Engineer.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
(8) 
Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.
(9) 
Adequate provision has been made for compliance with the performance standards of this chapter.
(10) 
Adequate provision has been made to provide structures and uses of a quality and design that will not produce adverse effects on existing developments in the surrounding area in the Master Plan.
(11) 
The proposed development is compatible with approved site plans for adjacent and nearby parcels of land.
(12) 
Access to the proposed development conforms to the standards of the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3c of the State Highway Access Management Act, P.L. 1989, c. 32, N.J.S.A. 27:7-91, in the case of a state highway or with the standards of any access management code adopted by the county or Borough.
(13) 
In the official resolution approving the design layout of any development application, the Planning Board shall make a specific finding that the proposed lot(s) shown on the development plat are suitable and usable for the intended purpose, and that each proposed lot contains sufficient area to accommodate the proposed building or buildings, proposed accessory structures, proposed driveways and parking, the proposed connections to the water supply and sewage disposal system, as well as to provide adequate space for all front, side and rear yard setbacks required by the Zoning Ordinance. The Planning Board shall also make a specific finding that the development application being approved does not require variance, conditional use approvals, plan-design waivers, or relief from any other ordinance requirement, nor does it violate the terms or conditions imposed upon the subject property as a part of any earlier development approval.
(14) 
If the Planning Board finds that one or more of the proposed lots do not comply with the foregoing standards, then the design layout of the development shall not be approved, and the applicant shall be directed to submit a revised design layout. The official findings of the Planning Board shall be the reasons for the finding of unsuitability, making reference to specific provisions, terms or conditions imposed by earlier development approval resolutions, or the Land Development Ordinance,[1] or any other local ordinances or of any law of the State of New Jersey that forms part of the basis for the denial of approval.
[1]
Editor's Note: See Ch. 37, Subdivision of Land.
(15) 
Reinforced concrete aprons shall be constructed at all driveways between the concrete curb and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and eight inches for all other uses and shall be reinforced with welded wire fabric or an equivalent approved by the Borough Engineer. The width of the apron at the curbline shall be not less than the width of the driveway plus sufficient space for turning radii, but not less than 12 feet.
(16) 
At each driveway without curb return radii, the concrete curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway, but not less than 12 feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of no more than 1 1/2 inch. The bottom of the curb shall be lowered to maintain full curb depth across the depression.
(17) 
Storm sewers; drainage.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
(a) 
Stormwater management strategies outlined in the Stormwater Management Ordinance[2] shall be utilized to the fullest extent practical.
[2]
Editor's Note: See Ch. 55B, Stormwater Management.
(b) 
Storm sewers shall be designed in accordance with accepted engineering practices and be subject to the approval of the Borough Engineer.
(c) 
Pipes shall be considered "flowing full" at maximum capacity.
(d) 
The minimum design velocities at the flowing full condition shall be a minimum of two feet per second and a maximum of 10 feet per second. Drainage inlets are to have a concrete invert with pipes cut flush with walls. Inlets shall be self cleaning under low flow conditions.
(e) 
All transitions in slope, horizontal direction, and change in pipe size shall be confined to manholes, catch basins or similar accessible structures.
(18) 
Where appropriate, provision shall be made for sanitary sewage in the Borough's sanitary sewer system and/or Dover Municipal Utility Authority's sewer and treatment facility, and shall be adequate for all present and probable future development. Sanitary sewers shall be installed and connected in accordance with all sanitary sewer ordinances of this Borough and its Board of Health, now or hereafter adopted, and with the rules and regulations, where applicable, of the Ocean County Utility Authority and New Jersey Department of Environmental Protection.
(19) 
Utilities shall be installed in accordance with the rules and regulations of the Water and Electric Utilities of the Borough of Lavallette and, where appropriate, the Board of Public Utilities (BPU) or other utility corporations involved.
(20) 
Appropriate street lighting shall be installed where recommended by the Planning Board and approved by the Borough Mayor and Council.
(21) 
Monuments of the size and shape required by Chapter 141 of the Laws of New Jersey of 1960, as amended and supplemented, shall be placed in accordance with said statute.
(22) 
No soil shall be removed from the site or used as spoil. Soil moved during the course of construction shall be redistributed over all areas of the site.
(23) 
The proposed system of water supply shall be shown and shall be one of two types: either by the Lavallette Water Utility, or, in the event the development is in an area other than that served by the Lavallette Utility, by a water company operating under the Board of Public Utilities (BPU).

§ 53A-12 Effect of preliminary approval.

Preliminary approval shall confer upon the applicant the following rights for a two-year period from the date of the preliminary approval:
A. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to:
(1) 
Use requirements; and
(2) 
Layout and design standards for streets, curbs and sidewalks;
(3) 
Lot size, yard dimensions and on-site and off-tract improvements;
(4) 
Any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
B. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat.
C. 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years; provided that, if the design standards have been revised by ordinance, such revised standards may govern.

§ 53A-13 Final site plan procedure.

The final site plan plat shall include all data required on the preliminary site plan plat, drawn to incorporate all changes required as a condition of preliminary approval. The information and design on the final site plan plat shall be in final design condition. Applicants shall follow the same procedures as prescribed in § 53A-11A through E. Submission of the final plat shall be accompanied by final plans and other relevant supporting materials, including the following:
A. 
Plans, profiles and cross sections, as appropriate, for all new streets including all utilities and street improvements; public utility easements, sanitary sewer plans, site grading and drainage, including detail plans for stormwater detention facilities, as approved by the Planning Board Engineer. Where such drainage enters the bay, approvals by the State Department of Environmental Protection must also be included.
B. 
Copies of proposed deeds of conveyance for all new streets, sight triangles, easements, recreation parcels and/or other land restrictions.
C. 
Design calculations for new sanitary sewerage and storm drainage facilities, signed, dated and sealed by the responsible project engineer.

§ 53A-14 Signature upon final approval.

Upon final approval of a site plan, the Chairman and Secretary of the approving authority shall sign the Mylar original and one paper print. The signed Mylar original shall be filed with the Secretary to the Planning Board, and the paper print shall be retained by the approving authority for its files. Immediately upon final approval, the Secretary of the Planning Board shall forward a copy of the approved final site plan to the Borough Tax Assessor, the Tax Collector, Construction Official and the Zoning Officer, respectively.

§ 53A-15 Standards and regulations.

Any development shall demonstrate conformance to design standards that will encourage sound development patterns within the Borough. Where either an Official Map or Master Plan has been adopted, the development shall conform to the proposals and conditions shown thereon, and shall conform to the following:
A. 
The applicant has submitted a complete site plan containing all of the information and data as provided for in this chapter.
B. 
The details of the site plan are in accordance with the standards of the Zoning Ordinance,[1] Land Use Ordinance,[2] Subdivision Ordinance,[3] Stormwater Management Ordinance[4] and any and all other ordinances of the Borough, which may be in existence at the time of the application and in harmony with the officially adopted Comprehensive Master Plan of the Borough.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
[1]
Editor's Note: See Ch. 90, Zoning.
[2]
Editor's Note: See Ch. 37, Land Use Procedures.
[3]
See Ch. 57, Subdivision of Land.
[4]
See Ch. 55B, Stormwater Management.
C. 
All parking and traffic problems shall be kept at a minimum by the use of engineering design features, such as acceleration and deceleration lanes, adequate signage, markings, etc.
D. 
Adequate provisions are made to prevent drainage problems and to provide adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants of the property subject to the application.
E. 
All playgrounds, parking and service areas are reasonably screened from view of adjacent properties and streets at all seasons of the year where necessary for the purpose of protecting the health, safety, general welfare, comfort and convenience of the public.
F. 
The location, power, directions and time of any proposed outdoor lighting will not have an adverse effect upon any properties in any adjoining residential districts by impairing the established character or potential use of the properties in such districts.
G. 
The details of the site plan for the authorized use will be such that the operation will not offend the public interest.
H. 
Should a parking lot be required for any site plan, the parking lot shall have a minimum pavement of six inches of gravel, two inches of stabilized base course pavement and one inch of top course pavement. Land which the Planning Board finds to be in areas identified in the Natural Resources Inventory as having severe or moderate soil characteristics, particularly as the land relates to flooding, improper drainage, soil conditions, land subject to CAFRA regulations, marshland, utility easements, or other features that can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development, and/or its surrounding areas, shall not be subdivided, and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.
I. 
Whenever a development abuts or crosses a municipal boundary, access to those lots within this Borough shall be from within this Borough as a general rule. Whenever access to a development is required across land in an adjoining community as the exception, the Planning Board may require documentation that such access is legally established, and that the access road is adequately improved.
J. 
Every property in the B-1 and B-2 Districts shall have concrete walks and pavers in accordance with the recommendation of the streetscape plan adopted by the Planning Board. Sidewalks shall be provided with score joints and expansion joints and shall be constructed according to the then-current New Jersey State Department of Transportation Specifications. Sidewalks shall be designed to allow for drainage into landscaped areas where practical.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
K. 
Reinforced concrete aprons shall be constructed at all driveways between the concrete curb and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and eight inches for all other uses and shall be reinforced with welded wire fabric or an equivalent approved by the Borough Engineer. The width of the apron at the curbline shall be not less than the width of the driveway plus sufficient space for turning radii, but not less than 12 feet.
L. 
At each driveway without curb return radii, the concrete curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway, but not less than 12 feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of no more than 1 1/2 inch. The bottom of the curb shall be lowered to maintain full curb depth across the depression.
M. 
Storm sewers; drainage.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
(1) 
Stormwater management strategies outlined in the Stormwater Management Ordinance[5] shall be utilized to the fullest extent practical.
[5]
Editor's Note: See Ch. 55B, Stormwater Management.
(2) 
Storm sewers shall be designed in accordance with accepted engineering practices and be subject to the approval of the Borough Engineer.
(3) 
Pipes shall be considered "flowing full" at maximum capacity.
(4) 
The minimum design velocities at the flowing full condition shall be a minimum of two feet per second and a maximum of 10 feet per second. Drainage inlets are to have a concrete invert with pipes cut flush with walls. Inlets shall be self cleaning under low flow conditions.
(5) 
All transitions in slope, horizontal direction, and change in pipe size shall be confined to manholes, catch basins or similar accessible structures.
N. 
Where appropriate, provision shall be made for sanitary sewage in the Borough's sanitary sewer system and/or Dover Municipal Utility Authority's sewer and treatment facility, and shall be adequate for all present and probable future development. Sanitary sewers shall be installed and connected in accordance with all sanitary sewer ordinances of this Borough and its Board of Health, now or hereafter adopted, and with the rules and regulations, where applicable, of the Ocean County Utility Authority and New Jersey Department of Environmental Protection.
O. 
Utilities shall be installed in accordance with the rules and regulations of the Water and Electric Utilities of the Borough of Lavallette and, where appropriate, the Board of Public Utilities (BPU) or other utility corporations involved.
P. 
Appropriate street lighting shall be installed where recommended by the Planning Board and approved by the Borough Mayor and Council.
Q. 
Monuments of the size and shape required by Chapter 141 of the Laws of New Jersey of 1960, as amended and supplemented, shall be placed in accordance with said statute.
R. 
No soil shall be removed from the site or used as spoil. Soil moved during the course of construction shall be redistributed over all areas of the site without creating drainage problems in the neighborhood.
S. 
The proposed system of water supply shall be shown and shall be one of two types: either by the Lavallette Water Utility, or, in the event the development is in an area other than that served by the Lavallette Utility, by a water company operating under the Board of Public Utilities (BPU).
T. 
Buffers. Solid fences, six feet in height, or buffers are required along lot and street lines of all nonresidential lots where said property lines abut residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be prescribed by the Planning Board. Buffer areas shall be measured horizontally and shall be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
(1) 
Plant materials used in screen planting shall be at least four feet in height when planted and shall be of such density that all the glare of automobile headlights emitted from the premises is obscured throughout the full course of the year. The plant materials shall be of a species common to the area, shall be of nursery stock and shall be free of insects and disease.
(2) 
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
(3) 
The screen planting shall be so placed that at maturity the plant material will be no closer than three feet from any street or property line.
(4) 
The buffer area shall not be broken unless specifically approved by the approving authority.
U. 
Electric or electronic equipment shall be shielded so that there is no interference with any radio or television reception at the lot line or beyond the operator's dwelling unit, in the case of multifamily dwellings.
V. 
Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.
W. 
The sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, operations involved in the construction or demolition of structures or emergency alarm signals or time signals) shall not exceed the levels and operations as specified within Chapter 43, Noise.
X. 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such a stream, watercourse or underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream, watercourse or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.
Y. 
All business establishments shall have a facility for the storage and pickup of approved materials for recycling.

§ 53A-16 Guarantees and inspections.

A. 
No final plat shall be approved by the approving authority until all required on-site and off-site improvements, including but not limited to those improvements set forth in the Borough of Lavallette Subdivision Ordinance,[1] as amended and supplemented, have been installed, inspected, certified and approved by the Borough Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this chapter, or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body in accordance with the requirements of this chapter.
[1]
Editor's Note: See Ch. 57, Subdivision of Land.
B. 
The performance guaranty shall consist of a performance bond in a form approved by the Borough Attorney, in which the applicant shall be principal and an acceptable surety company licensed to do business in the State of New Jersey shall be surety, or cash or a certified check which shall be deposited with the Borough of Lavallette by payment to the Municipal Treasurer.
C. 
The total performance guaranty shall consist of a performance bond in a form approved by the Borough Attorney, in which the guaranty shall be an amount equal to 120% of the estimated cost of the necessary improvements as determined by the Borough Engineer. Ninety percent of this total shall be in cash, certified check or surety bond of a bonding company approved by the governing body. The remaining 10% shall be in cash and shall be deposited with the Borough of Lavallette by payment to the Municipal Treasurer.
D. 
Performance guaranties shall run for a term not to exceed 18 months; provided, however, that such guaranties, with the consent of the principal and surety, if any, may be extended by the governing body by resolution for an additional period of not to exceed 18 months.
E. 
At least one week prior to the beginning of construction or installation of any required improvements, the developer shall notify the Borough Engineer in writing of the developer's intention to commence such work. All improvements shall be inspected during the time of their installation by the Borough Engineer or his designee to ensure satisfactory completion, and no underground installation shall be covered until inspected by the Borough Engineer or his designee. The cost of all inspections shall be the responsibility of the developer, and he shall deposit the necessary inspection fee with the Planning Board Secretary upon making application for final approval under this chapter or prior to the start of any construction, whichever shall first occur. The inspection fee shall be in addition to the amount of any required performance or maintenance guaranty and shall consist of 5% of the estimated cost of the improvements to be constructed as determined by the Borough Engineer. This fee shall be held in a separate escrow account by the Borough and used to pay the cost of inspecting the construction. It shall be the obligation of the developer to pay for the actual cost of inspecting the construction. Any excess money shall be remitted to the developer upon approval of all improvements as provided herein. Any additional inspection costs shall be paid by the developer prior to the approval of the improvements by the governing body, as provided for herein.
F. 
After completing the construction of the improvements covered by the performance guaranty, the developer shall make application to the governing body in writing by certified mail addressed to the Borough Clerk, with a copy sent by certified mail to the Borough Engineer for final inspection of such improvements. The Borough Engineer shall, within 30 days after his receipt of said application, inspect the improvements in question and report in writing to the governing body indicating approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
G. 
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the developer in writing, by certified mail, of the contents of said report and the action of the approving authority not later than 65 days after receipt of the notice from the developer of the completion of the 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. 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 shall be released from all liability pursuant to said performance guaranty.
H. 
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.
I. 
The approval of any plat under this chapter by the approving authority shall in no way be construed as an acceptance of any street, drainage system or other improvement required by this chapter, nor shall such plat approval obligate the Borough Lavallette in any way to maintain or exercise jurisdiction over such street and drainage system or other improvement. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action of the governing body.

§ 53A-17 Maintenance guaranty.

No improvement shall be accepted, approved or partially approved by the governing body unless and until all of the following conditions have been met:
A. 
The Borough Engineer shall have certified in writing that the improvement is complete and that it complies fully with the requirements of this chapter and all other applicable laws and ordinances.
B. 
A maintenance guaranty is posted with the governing body for a period of two years after final acceptance of the improvement in an amount equivalent to 15% of the cost of the improvement, as determined by the Borough Engineer. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or where the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.

§ 53A-18 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

§ 53A-19 Repealer.

A. 
Except as may be specifically set forth in this chapter, any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms of this chapter are hereby repealed, but only to the extent that they are so in conflict or inconsistent.
B. 
The adoption of this chapter shall not prevent or bar the continuation or institution of any proceedings for offenses heretofore committed in violation of any existing ordinance of the Borough of Lavallette or in violation of Chapter 90, Zoning.