Township of Long Beach, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 7-18-1997 by Ord. No. 97-16C. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Land Use Clerk — See § 5-13.
Site plan review — See Ch. 164.
Subdivision of land — See Ch. 176.
Zoning — See Ch. 205.
[Amended 2-2-2007 by Ord. No. 07-02C]
Pursuant to the provisions of N.J.S.A. 40:55D-25c, there is hereby established and created a nine-member Planning Board which shall exercise, to the same extent and subject to the same restrictions, all the powers of a Zoning Board of Adjustment. The Board shall be known as the "Land Use Board of the Township of Long Beach." In accordance with N.J.S.A. 40:55D-23.1, it is hereby established that the nine-member Land Use/Planning Board shall increase the number of alternate members to four for the purpose of filling places of absent members of the Board to hear and make decisions on applications before the Board at any given meeting.
A. 
Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.
B. 
The municipal agency may provide for special meetings, at the call of the Chairperson, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of a quorum except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and Subsections 40:55D-17e, 40:55D-26a, 40:55D-26b and 40:55D-70b. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.
E. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6 et seq.
F. 
An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction of the minutes for his or her use.
A. 
Required hearings. The Planning Board shall hold a hearing on each application for development.
B. 
Rules for conducting hearings. The Planning Board shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
C. 
Filing of documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
D. 
Oaths. The officer presiding at the hearing or such person as he or she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq. shall apply.
E. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witness.
F. 
Evidence. Technical rules and evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
G. 
Verbatim recording. The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The municipal agency shall furnish a transcript or duplicate recording in lieu thereof, on request, to any interested party at his or her expense.
H. 
Transcript charge. The municipal agency in furnishing a transcript of the proceeding to an interested party at his or her expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15, as amended.[1] Said transcript shall be certified in writing by the transcriber to be accurate.
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed by L. 1991, c. 119, § 4.
I. 
Voting eligibility. A member or alternate member of a municipal agency who was absent for one (1) or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one (1) or more of the meetings; provided, however, that such board member or alternate member has available to him or her the transcript or recordings of all of the hearing from which he or she was absent, and certifies in writing to the municipal agency that he or she has read such transcript or listened to such recording.
Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least ten (10) days prior to the date of the hearing in accordance with the following:
A. 
Public notice of a hearing on an application for development shall be given for all of the following:
(1) 
Appeal or variance pursuant to N.J.S.A. 40:55D-70.
(2) 
Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
(3) 
Conditional uses pursuant to N.J.S.A. 40:55D-67.
(4) 
Preliminary major subdivision plats.
(5) 
Preliminary major site plans.
B. 
Public notice shall be given by publication in the official newspaper of the township, if there is one, or in a newspaper of general circulation in the township.
C. 
Notice of a hearing requiring public notice pursuant to Subsection A shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred (200) feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate or his or her agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his or her address as shown on the said current tax duplicate. A return receipt is not required.
D. 
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
E. 
Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection C of this section to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
F. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within two hundred (200) feet of a municipal boundary.
G. 
Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a state highway.
H. 
Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer pursuant to N.J.S.A. 40:55D-10b.
I. 
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and this section.
J. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
K. 
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.
L. 
Notice pursuant to Subsections E, F, G and H of this section shall not be deemed to be required, unless public notice pursuant to Subsections A and B and notice pursuant to Subsections C and D of this section are required.
M. 
List of property owners furnished. Upon the written request of an applicant, the administrative officer shall, within seven (7) days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsections C and D of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee of twenty-five cents ($0.25) per name, or ten dollars ($10.), whichever is greater, shall be charged for such list.
Each decision on any application for development shall be reduced to writing and shall include findings and facts and conclusions based thereon.
A. 
Reduction to writing.
(1) 
Reduction to writing shall be accomplished through:
(a) 
A resolution adopted at a meeting held within the applicable time period for taking action on the application for development; or
(b) 
A resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which action to grant or deny approval was taken memorializing said action.
(2) 
Where the agency fails to adopt a resolution, any interested party may apply to Superior Court in a summary manner for an order compelling the agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the township.
B. 
The following members shall be eligible to vote on the resolution:
(1) 
Where the action taken resulted from the failure of a motion to approve an application pursuant to § 18-2D, those members voting against the motion for approval shall be the members eligible to vote on the resolution.
(2) 
In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.
C. 
The following shall apply to adoption of the resolution:
(1) 
The vote on a resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency.
(2) 
The vote of a majority of those eligible members who are present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.
(3) 
The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required.
D. 
Copies of the decision shall be distributed by the administrative officer as follows:
(1) 
A copy shall be mailed within ten (10) days of the date of decision to the applicant, or if represented then to his or her attorney, without separate charge.
(2) 
A copy shall be filed in the office of the administrative officer and be made available for public inspection during reasonable hours.
(3) 
A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.
E. 
A brief notice of the decision shall be published in the official newspaper(s) of the township.
(1) 
Such publication shall be arranged, and proof of publication shall be obtained, by the administrative officer. Nothing herein shall be construed as preventing the applicant from arranging such publication if he or she so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
(2) 
Such notice shall be published within thirty (30) days of the date of decision, or twenty (20) days of the date of mailing of a copy of the decision by the administrative officer, whichever is later, or within such other appropriate period as may be determined by the municipal agency at the time of decision.
(3) 
Failure of an applicant to publish as herein required shall render any approvals null and void.
A. 
In the event that a developer submits any application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
B. 
In the event that development proposed by an application for development requires an approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipal agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant, unless the municipal agency is prevented or relieved from so acting by the operation of law.
C. 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency 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.
D. 
The municipal agency may impose such other conditions as it deems appropriate.
E. 
In all cases the municipal agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the municipal agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.
In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon the prompt payment of such taxes or assessments. Certification by the Township Tax Collector must be provided to the Board prior to final approval.
After the date an appeal is taken from the decision of a municipal officer or the submission of a complete application for development to the administrative officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one (1) type of application is involved, the longer time period shall apply.
Type of Application
Time Period
(days)
Site plans:
Minor
45
Preliminary approval
    10 acres or less, 10 units or fewer
45
    More than 10 acres or 10 units
95
Final approval
45
Subdivisions:
Minor
45
Preliminary approval
    10 lots or fewer
45
    More than 10 lots
95
Final approval
45
Conditional use authorization
95
Variance
120
Appeal from the decision of a municipal officer
120
Direction for issuance of a building permit
120
A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in the chapter for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in § 18-10 above.
A. 
All new applications for development shall be subject to the provisions of this chapter. Within 45 days of submission of any application for development, the administrative officer shall notify the developer in writing if an application for development is found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after the submission. If a developer is notified that an application for development is incomplete, the administrative officer shall further notify the developer within 45 days of submission of all the additional plans and supporting documentation requested if an application for development is still found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after submission of all the additional plans and supporting documentation requested.
B. 
All applications for development filed prior to the effective date of this chapter may be continued, subject to the following:
(1) 
The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he or she desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of § 18-2 and all other provisions of this chapter.
(2) 
If the developer does not notify the municipal agency that he or she desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.
(3) 
All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.
[Amended 12-28-2006 by Ord. No. 06-43C; 8-5-2011 by Ord. No. 11-21C]
A. 
Prior to any applicant making application to the nine-member Planning Board of Long Beach Township for any relief, be it for site plan approval, subdivision approval or variance from the strict terms and conditions of the Zoning Ordinance of Long Beach Township, the applicant shall submit evidence in affidavit form to the Secretary of the nine-member Planning Board that the applicant meets the definition of the term "developer" as that term is defined in N.J.S.A. 40:55D-4.
B. 
Once the affidavit in Subsection A has been submitted, the applicant may submit an application for such relief as the applicant may seek. The application shall include a Township of Long Beach Land Use Board Checklist in the following form:[1]
[1]
Editor's Note: Said checklist is included at the end of this chapter.
[Added 12-28-2006 by Ord. No. 06-43C]
Fees for land use applications shall be as may from time to time be fixed by the Board of Commissioners of the Township of Long Beach by resolution.
[1]
Editor's Note: For current fees, see Ch. 82, Fees, Licenses, Bonds and Permits.
[Added 12-28-2006 by Ord. No. 06-43C]
In addition to any other fees and deposits required by Chapter 18 of this Code, the applicant shall reimburse the municipality for all reasonable inspection fees incurred by the municipality for inspections required as a result of water and sewer connections necessitated by any development and improvement approval.
[Added 12-28-2006 by Ord. No. 06-43C]
A. 
An applicant shall be responsible to reimburse the Township for the costs of professional services incurred and paid by the Township for processing of an application for development before a municipal agency, review and preparation of documents, inspection of improvements or other such purposes, such as, but not limited to:
(1) 
Charges for reviews by professional personnel of applications and accompanying documents;
(2) 
Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by applicants;
(3) 
Charges for any telephone conference requested or initiated by the applicant, his attorney or any of his representatives or experts;
(4) 
Review of additional documents submitted by applicant and issuance of reports related thereto;
(5) 
Review of preparation of easements, developers' agreements, deeds, resolutions or the like;
(6) 
Preparation for an attendance at special meetings;
(7) 
The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of applicant's expert.
B. 
The term "professional personnel" or "professional services" as used here shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or other expert who will provide professional services to insure the application meets performance standards set forth in Township ordinances, and other experts whose testimony is in an area in which the applicant has presented expert testimony.
C. 
Except as otherwise provided herein, the cost of the professional review of applications shall be paid prior to the matter being heard by the approving authority, and the payment of such fees shall be a prerequisite to the application being considered being a complete application. No plat or site plan shall be signed, nor any zoning permits, building permits, certificates of occupancy or any other type of permits be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality for professional personnel rendering services in connection with such application, and payment has been approved, payment has been made, and the Township reimbursed, or applicant has otherwise deposited sufficient amounts to cover all reimbursable items.
D. 
No professional personnel submitting charges to the municipality for any of the services referred to herein shall charge for any of the services contemplated at any higher rate or in any different manner than would normally be charged a municipality for similar work as ascertained by the professional's contract of employment with the municipality or provisions of the Municipal Salary Ordinance. Payment of any bill rendered by the professional to the municipality with respect for any service for which the municipality is entitled to reimbursement under this article shall in no way be contingent upon receipt of reimbursement by the applicant, nor shall any payment to a professional be delayed pending reimbursement from an applicant.
E. 
In addition to any other fees or escrow deposits required by this chapter, applicants shall be required to post a deposit toward reasonably anticipated municipal expenses for professional personnel and services as required by the Land Use Board with due regard to the scale and complexity of the proposed development.
(1) 
All payments charged to the deposit shall be pursuant to vouchers from the professional stating the hours spent, the hourly rate and the expenses incurred. The municipality shall render a written final accounting to the applicant on the uses to which the deposit was put. Thereafter, the municipality shall upon written request provide copies of the vouchers to the applicant. lf the salary, staff support and overhead are provided by the municipality, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professional on review of the application for development or the applicant's improvements, as the case may be. For other professionals, the charge to the deposits shall be at the same rate as all other work of the same nature by the professional for the municipality.
(2) 
If at any time during the review procedure 75% of the deposit money posted shall have been expended, the applicant shall be required to post such additional sums as may be required to cover additional anticipated municipal expenses for professional services.
F. 
The applicant shall deposit for such inspection fees and deposit not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which said costs shall be estimated and determined by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township.
[Amended 2-5-2018 by Ord. No. 18-03C]
(1) 
When the balance on deposit drops to 10% of the reasonably anticipated fee because the amount deposited by the applicant has been reduced by the amount paid to the Township Engineer for inspections, the applicant shall deposit such additional fees as the Township Engineer may reasonably determine to be necessary in order to complete the anticipated inspection fees. The Township Engineer shall not perform any inspections if sufficient funds to pay for those inspections are not on deposit.
G. 
Subject to the discretion of the Land Use Board to require additional escrow amounts as provided by this chapter, all applicants shall be required to deposit the minimum professional fee escrows set forth in Chapter 82.
[Added 2-5-2018 by Ord. No. 18-03C]
[Added 12-28-2006 by Ord. No. 06-43C]
A. 
Any and all fees paid to the Land Use Board in support of any application, other than application fees, shall be deposited by the Treasurer of the Township of Long Beach in a dedicated land use trust account.
B. 
The dedicated land use trust account shall be maintained in a banking institution or savings and loan association in the State of New Jersey insured by an agency of the federal government or in any other fund or depository approved by the State of New Jersey for such deposits, such account bearing interest at not less than the minimum rate currently paid by the institution or depository on time or savings deposits.
C. 
The Township shall notify the applicant in writing of the name and address of the institution or depository in which the dedicated land use trust account is maintained and shall provide the amount of the deposit.
D. 
The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes to which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum equivalent to no more that 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses related to such deposit.