[Adopted 5-20-1977 by Ord. No. 77-11C]
It is the intent and purpose of this article
to:
A. Provide guidance and to guide the appropriate use
or development of all lands in the Township of Long Beach in a manner
which will promote the public health, safety, morals and general welfare.
B. Secure safety from fire, flood, panic and other natural
and man-made disasters.
C. Provide adequate light, air and open space.
D. Promote the establishment of appropriate population
densities and concentrations within the Township of Long Beach that
will contribute to the well-being of the persons and neighborhoods
in the Township of Long Beach and to preserve the environment in said
township.
E. Encourage the location and design of transportation
routes within the Township of Long Beach which will promote the free
flow of traffic while discouraging the location of such facilities
and routes which will result in congestion or blight.
F. Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
G. Promote the conservation of open space and valuable
natural resources and to prevent urban blight and degradation of the
environment through improper use of land.
H. Encourage the coordination between public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and providing the more efficient
use of land.
[Amended 7-18-1997 by Ord. No. 97-16C; 8-3-2020 by Ord. No. 20-18C]
Words and phrases used in this article shall, unless the context clearly indicates a different meaning, be defined as the same are defined in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-3 through 40:55D-7, and, where not defined in the aforesaid, as defined in Chapter
205.
[Amended 6-5-2009 by Ord. No. 09-11C; 8-3-2020 by Ord. No. 20-18C; 6-7-2021 by Ord. No. 21-15C]
Except as hereinafter provided, site plan approval shall be
required and no building permit, certificate of occupancy, nor certificate
of nonconformance shall be approved for any new construction nor for
any change in use as hereinafter defined in Subsection B for any commercial,
retail, industrial, office building, garden-apartment building, high-rise
apartment building, low-rise apartment building, recreational, multifamily,
marina, or mixed use unless a site plan is first submitted to and
approved by the Land Use Board in accordance with the terms of this
article; single detached and two-family dwellings are exempt from
the requirements herein imposed. No certificate of occupancy or final
approval to occupy or use any land which has been subject to site
plan application shall be issued until all of the conditions imposed
by the Land Use Board upon such site plan application have been complied
with. Enlargements or alterations of existing structures or uses as
described above shall be subject to the terms of this article.
A. Site plan approval for properties and uses with valid prior site
plan approval shall not be required if zoning and building permits
are requested for minor alterations and construction that conform
with the requirements of the Code and existing use(s) at the property.
Zoning and building permits shall be required for any and all additional
requirements under the Code that arise as a result of any requested
alterations and construction.
B. The change of use requiring site plan submission and approval pursuant
to this article shall be any change or addition of any use to a building
or property.
C. The provisions of this article shall not limit the requirements for submission of a subdivision plan for subdivision approval as may be required by Chapter
176.
D. The provisions of this article shall not limit the requirements for
submission of any application for variance or conditional use to the
Land Use Board as may be required by the Code.
E. Nothing herein contained shall be construed to permit any use or
structure except as such use or structure may be permitted by the
Code.
F. Nothing contained herein shall be construed to require the owner
or operator of a food- or beverage-selling establishment to make application
to the Land Use Board of the Township of Long Beach to increase indoor
or outdoor seating at the establishment, provided that indoor or outdoor
seating was previously approved pursuant to the Code, lawfully exists,
and the seating capacity does not exceed that set forth in the Code.
(1) Any food- and beverage-selling establishment desiring to increase
seating shall make application to the Building Department and satisfy
all parking requirements set forth in the Code. Upon such proof being
submitted to the Building Department, the Department shall issue a
license for such increased seating, providing that such increased
seating complies with all applicable building codes, fire codes, and
occupancy codes.
(2) The license or permit issued pursuant to Subsection
F(1) above shall at all times be prominently displayed in any such food- or beverage-selling establishment.
(3) The Building Department shall provide a copy of such license to the
Secretary of the Land Use Board for the Land Use Board records.
Site plan review and approval as required by
this article shall consist of preliminary and final site plan review
and approval. The procedure for such submission and review shall be
as follows:
A. The applicant shall submit to the Secretary of the Planning Board six copies of an application for site plan review, in a sealed envelope, as hereinafter described in §
164-5 of this Article. The Clerk of the Planning Board shall forthwith distribute two copies to the Secretary of the Planning Board, one copy to the Attorney for the Planning Board, one copy to the Building Official, one copy to the Engineer of the Planning Board and shall retain a copy in the office of the Clerk of the Planning Board. The application shall be submitted to the said Clerk of the Planning Board at least 15 days prior to the meeting of the Planning Board at which the applicant desires to have the application deemed to be complete by the Planning Board.
B. At least five days before said hearing all recipients
of a copy of the application shall review the same and advise the
Secretary of the Planning Board of any deficiencies in the application,
if any. Such advice shall be in writing, with copies to the applicant.
C. At the following regularly scheduled meeting of the Planning Board, the applicant shall appear in person or by attorney, and the Planning Board shall review the correspondence received from recipients of the application and then and there determine whether the application as required by this article is complete. If the application is found to be incomplete, the applicant shall be so advised and shall be given 15 days within which to complete the application. If the application is not completed within said fifteen-day period, it shall be rejected by the Planning Board and denied. Six copies of the revised application shall be submitted and distributed as in Subsection
A above and reviewed as in Subsection
B above. If the application is found to be complete, the Planning Board then shall fix a time for public hearing on the application, which time shall be within 45 days of the date when the application shall be determined to be complete. The applicant shall be notified then and there of the date of the public hearing and shall submit the original plus eight copies of the proposed site plan to the Secretary of the Planning Board no less than 10 days before the scheduled hearing date.
[Amended 7-18-1997 by Ord. No. 97-16C]
D. If the application has been found to be incomplete,
when the deficiencies are rectified, the Planning Board shall then
at their next regular meeting, ascertain the completeness of the application
and then fix a date for a public hearing in the matter aforesaid.
E. The public hearing shall be conducted in accordance
with the provisions of the New Jersey Municipal Land Use Law (N.J.S.A.
40:55D-10 et seq.)
F. Notice of the said hearing shall be given and published
by the applicant in accordance with the following prerequisites:
(1) Public notice shall be provided by the applicant,
at the applicant's expense, by publication in the official newspaper
of the Township of Long Beach, if there be one, or in a newspaper
of general circulation in the Township of Long Beach.
(2) Notice of the public hearing requiring public notice
shall be given to the owners of all real property as shown on the
current tax duplicate of the Township of Long Beach, located within
200 feet in all directions of the subject property. Notice shall be
given by serving a copy thereof on the property owner as shown on
the said current tax duplicate, or his or her agent in charge of the
property, or mailing a copy thereof, by certified mail, to the property
owner at his or her address as shown on the said current tax duplicate.
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, a secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
(3) Upon the written request of an applicant, the Clerk of the Planning Board shall cause the Tax Assessor, within seven days, to make and certify a list from said current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection
F(2) 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 on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, shall be charged to the applicant.
[Amended 7-18-1997 by Ord. No. 97-16C; 1-21-2011 by Ord. No.
11-02C]
(4) Notice of all hearings on applications for site plan
approval involving a property with 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of said municipality.
(5) Notice shall be given by personal service or certified
mail to the County Planning Board of Ocean County of a hearing on
an application for site plan approval, provided that said property
is adjacent to an existing county road or proposed road as shown on
the official County Map or on the County Master Plan or adjoins other
county land or is situated within 200 feet of a municipal boundary.
(6) Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or a five-hundred-dwelling
unit. Such notice shall include a copy of any map or documents required
to be on file with the Municipal Clerk.
(7) All notices required herein, both public notice (newspaper
publication) and notice by mailing, shall be given at least 10 days
prior to the date of the public hearing. The applicant shall file
an Affidavit of proof of service and an affidavit of proof of publication
with the Secretary of a Planning Board on or before the day of the
scheduled hearing.
G. Any interested party aggrieved by the decision of
the Planning Board may appeal to the governing body of the Township
of Long Beach in accordance with the provisions of the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-17, and in accordance with
the provisions of any applicable ordinance of the Township of Long
Beach.
H. All fees and application fees called for in this Article
shall be in the form of certified check or attorney's check made out
to the Township of Long Beach. No fees nor costs shall be accepted
in cash.
I. At the time of any application, all taxes shall be
paid on the lands subject of the application through the current quarter
of the calendar year. Should the public hearing fall in the following
quarter of the calendar year, taxes shall be paid prior to said public
hearing for that calendar quarter. Proof of the payment of taxes shall
be provided in the form of a certificate issued by the Tax Collector
of the Township of Long Beach showing the receipt of such tax payments
and shall be presented to the Secretary of the Planning Board on or
before the day of the scheduled public hearing.
J. The applicant shall include in his or her notice to
the property owners and in any required newspaper notice that deeds
containing restrictions or restrictive covenants of record have been
filed with the application and are available for inspection in the
office of the Clerk of the Board during normal business hours.
[Added 11-15-1985 by Ord. No. 85-21C]
The application for site plan review and approval,
as by this Article required, shall be on a form prescribed by the
Township of Long Beach available from the Clerk of the Planning Board
and shall be accompanied by the following:
A. A map or plan, black-on-white or blue-on-white, with
a scale of not less then 20 feet to the inch. All distances shall
be in feet and decimals of a foot, and all bearings shall be given
to the nearest 10 seconds. The area of closure shall not exceed one
to 10,000. The Tax Map lot and block, as well as street address where
applicable, shall be shown on said map or plan.
B. The names of all owners of record of all adjacent
properties and the block and parcel numbers or lot numbers of the
property and all adjacent properties.
C. Existing zoning and special district boundaries.
(1) Such features shall be shown on a separate map or
as a key map on a special detailed map itself.
(2) Both a key map and a location map shall be provided
and drawn from the Township Assessment Map showing the surrounding
area of the proposed site plan, with not less than a five-hundred-foot
radius.
[Added 3-1-1991 by Ord. No. 91-6C]
D. Boundaries of the property, building or setback lines
and lines of existing streets, lots, reservations, easements and areas
dedicated to public use.
E. A copy of any covenants or deed restrictions that
are intended to cover all or any part of the tract.
F. Location of existing buildings which shall remain
and all other structures, such as walls, fences, culverts, bridges,
roadways, etc., with spot elevations of such structures. The outline
of such structures shall be indicated by a dashed line, and those
that shall remain shall be shaded.
G. Location of storm drainage structures.
(1) Location of all storm drainage structures and utility
lines, whether publicly or privately owned, with pipe size, grades
and direction of flow, and if any existing utility lines are underground,
the estimated location of said already existing underground utility
line shall be shown.
(2) The Planning Board engineers shall determine the amount
of an assessment necessary for the completion of adequate off-site
drainage. Said sum shall be deposited in cash with the Township of
Long Beach as a condition precedent to site plan approval.
H. Existing contours with intervals of one foot refer
to datum as provided by the Planning Board Engineer to be indicated
by a dashed line. Where any changes in contours are proposed, finish
grades should be shown on solid lines.
I. Location of existing high points, watercourses, depressions,
ponds, marshes, single trees with a diameter of six inches or more
as measured three feet above the base of the trunk and other significant
existing features, including previous flood elevations of watercourses,
pond and marsh areas as determined by survey.
J. Title of development; North point; scale; name and
address of record owner, engineer, architect, land planner or surveyor
preparing the site development plan.
K. A survey prepared by a licensed surveyor of the State
of New Jersey accompanying the site plan and showing the boundaries
of the parcel and the limits of all proposed streets, recreation areas
and other property to be dedicated to public use. The site plan may
be accompanied by such other exhibits of an architectural or planning
nature submitted by the applicant or as may be required by the Planning
Board pursuant to any ordinance now in existence or any ordinance
hereinafter enacted in the Township of Long Beach.
L. All proposed easements and public and community areas;
all proposed streets with subsection profiles indicating grade and
cross sections showing width of roadways; location and width of utility
lines, according to the standards and specifications of the Township
of Long Beach.
M. The proposed use or uses of land and buildings and
proposed location of buildings, including proposed grades. Such features
should be indicated on a separate drawing where deemed desirable and
necessary by the Planning Board Engineer.
N. All means of vehicular access and egress to and from
the site onto public streets showing size and location of driveways,
curb cuts, fire lanes, provisions for emergency vehicles of all sorts
and sidewalks.
O. The location and design of any off-street parking
areas or loading areas showing size and location of bays, aisles and
barriers.
P. The location of all proposed waterlines, valves and
hydrants and of all sewer lines or alternative means of water supply
or sewerage disposal and treatment in conformance with the applicable
standards of the Township of Long Beach and the Ocean County Sewerage
Authority.
Q. The proposed location, direction of illumination,
amount of illumination expressed in average horizontal foot candles
and hour and time of proposed outdoor lighting in conformance with
applicable standards of the Township of Long Beach and as may be applied
by the Planning Board of the Township of Long Beach.
R. The proposed screening and landscaping, including
planting plan, in conformance with the applicable standards of the
Township of Long Beach and the Planning Board of the Township of Long
Beach.
S. Proposed stormwater drainage system in conformance
with the applicable standards of the Township of Long Beach and the
Planning Board of the Township of Long Beach.
T. All proposed and existing signs, both commercial and
traffic.
U. The proposed exterior facade of the proposed construction,
as well as the existing facade on existing structures, if such existing
structure is to remain with the facade as is.
V. Such other information or dates as may be required
by the Planning Board in order to determine that the details of the
site plan are in accordance with the standards of the ordinances of
the Township of Long Beach and all other general law.
W. Copies of all deed restrictions and restrictive covenants
pertaining to the property proposed to be developed by the site plan.
[Added 11-15-1985 by Ord. No. 85-21C]
Final approval shall be granted or denied within
45 days after submission of a complete application to the Clerk of
the Planning Board or within such further time as may be consented
to by the applicant. Failure of the Planning Board to act within the
period prescribed shall constitute final approval, and a certificate
of the administrative officer as to the failure of the Planning Board
to act shall be issued upon request of the applicant, and it shall
be sufficient in lieu of the written endorsement or other evidence
of approval herein required and shall be so accepted by the County
Recording Office for the purpose of filing the subdivision plat or
site plan plat. However, whenever review or approval of the application
by the County Planning Board is required, the Municipal Planning Board
of the Township of Long Beach 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 pursuant
to N.J.S.A. 40:55D-50 et seq.
[Added 2-4-2019 by Ord. No. 19-02C]
The permitted and required guarantees and regulations relating thereto are set forth in Chapter
103.
For any and every violation of the provisions
of this article, the owner, developer, contractor, lessee, tenant
or any other person having an interest in any building or premises
where such violation has been committed or shall exist, and who neglects
or refuses to abate such violation within five days after written
notice has been served upon him or her by personal service or by certified
mail, shall for each and every violation be subject to a fine of not
more than $500 in the discretion of the Court before which a conviction
is had. Each and every day that such violation continues after such
notice shall be considered a separate and specific violation of this
article.
[Adopted 5-19-2006 by Ord. No. 06-13C]
In considering any site plan application for
any commercial use consisting of two or more separate retail commercial
facilities, be they located in one building or more than one building,
the Land Use Board of the Township of Long Beach shall consider the
impact of the proposed site plan on the public health safety and welfare
of residents in and visitors to the Township of Long Beach. The following
items shall be considered:
A. Handicap access as required by any state or federal
law.
B. Handicap rest room facilities as required by any state
or federal law.
C. Any and all other state, county or federal regulations
concerning health and safety.
D. The necessity of location and availability of rest
room facilities for all members of the general public regardless of
whether they are patrons or customers of the business establishment
which is being considered.
(1) If the Land Use Board determines that rest room facilities
could be required for use by the general public, appropriate signage
to indicate to members of the general public, be they customers or
patrons of the business establishment or not, of the availability
of public rest rooms.
E. Subsections
A and
B and
C above shall be required, Subsection
D above may be required but it is not mandatory.
F. Exception: In making the consideration required by
this section for rest room facilities for the general public, such
consideration shall not be made for the offices of any professional
who is required by the statutes of the State of New Jersey to secure
a license issued by the State of New Jersey or by any professional
board or body in order to practice his or her profession. Examples
of such licensees include, inter alia and without limitation:
(1) Accountants and auditors.
(5) Doctors of medicine, doctors of osteopathy, doctors
of chiropractic and other licensed health care professionals.
(7) Insurance agents and brokers.
(9) Real estate brokers and agents.