[Added 5-14-1996 by Ord. No. 15-96]
A.
The Redevelopment Plan, entitled "City of Long Branch,
New Jersey Oceanfront-Broadway Redevelopment Plan," dated April 1996,
as attached hereto, is hereby adopted.
B.
It is hereby found that the above-referenced Redevelopment
Plan meets the criteria for adoption of a redevelopment plan as set
forth in N.J.S.A. 40A:12A-7, and as further specified in the plan
itself.
C.
It is hereby found and determined that the above-referenced
Redevelopment Plan is consistent with the Master Plan of the City
of Long Branch.
E.
Uses in the redevelopment area shall be limited to those permitted in the Redevelopment Plan. Further, the requirements set forth in the Redevelopment Plan shall supersede Chapter 345, Zoning, Chapter 300, Subdivision of Land, and Chapter 69, Land Use Procedures, of the City of Long Branch in the redevelopment area covered by the plan, as provided in the § 345-100, entitled "Miscellaneous," in the Redevelopment Plan and to the extent anything set forth in those chapters is inconsistent with the provisions of the Redevelopment Plan. In the case of any inconsistency between this article and any prior ordinance with respect to a Redevelopment Plan adopted by the City of Long Branch, the provisions of this article, and the plan referenced herein, shall prevail, except as to lots or parcels of land on which redevelopment has actually taken place and structures or improvements built or installed under such prior ordinance and Redevelopment Plan.[1]
As used in the Redevelopment Plan, the following
terms shall have the meanings indicated:
The generic term that includes New Jersey's Special Improvement
Districts (SID's) under the District Management Act of 1984. A legally
defined method by which properties can be assessed for specified purposes,
typically services, and under some conditions physical improvements.
New Jersey law allows District Management Corporations to borrow for
no more than 180 days.
Plans that may precede Master Plan in which desired improvements
are illustrated and suggestions made regarding land uses and other
elements.
The relationship of a unit of geography (e.g., acres, miles)
to the number of housing units or to some demographic data (e.g.,
persons per square mile) or economic statistics (e.g., purchasing
power or stores or sales per square mile, etc).
A branch of the tourism industry that specializes in travel
and other arrangements that enable people to enjoy rare natural areas,
e.g., safaris, climbing in the Rockies, undersea diving, etc. Two
areas in New Jersey offering this possibility include the Brigantine
Wildlife Refuge and fall birdwatching at Cape May.
State-approved area within designated municipalities in which
tax incentives are available to encourage investment and, in selected
instances, sales taxes (on selected items) are reduced by 50% and
the receipts placed in a fund for state-approved projects. A state-mandated
local Board makes recommendations for funding to the City Council
and the State Enterprise Board.
The step precedent to the adoption of a Redevelopment Plan
is the process defined in the housing and redevelopment statutes by
which an area is declared in need of redevelopment. To warrant the
finding, a study must show evidence of meeting at least one of seven
statutory tests. Recommended by the Planning Board and adopted by
the governing body.
Term used in State Municipal Land Use Law to indicate an
adopted general plan for a municipality to guide zoning, public investments
and related matters. Required elements include land use, housing,
circulation, etc. Should be reviewed every six years and updated as
necessary.
Area found in need of redevelopment for which a Redevelopment
Plan has been adopted.
A step in the process mandated by state housing and redevelopment
statutes and the Constitution whereby localities can condemn properties
for private redevelopment and can award tax incentives to encourage
redevelopment. Plan provides guidance for land use and meets various
statutory tests. Plan is prepared for the Planning Board and adopted
or modified by the governing body.
A popular word referring to the process of improving an area,
usually commercial, economically visually or otherwise. Not a legally
defined term.
A method by which the added increment of taxes anticipated
to be realized from a real estate project (above the existing revenue
level) can be used as the basis to bond for acquisition of land, infrastructure
or other purposes defined in each state law. New Jersey does not now
have such legislation.
An area of a City in which specific land use requirements
regarding what can and what cannot be built are included in the adopted
Zoning Code.[1]
Adopted codes that implement the Master Plan's directions
regarding land use.[2]
A.
This Redevelopment Plan was adopted by the City of
Long Branch, New Jersey, in order to achieve redevelopment of an underdeveloped
segment of the oceanfront and an underutilized commercial area west,
north and south of the intersection of Broadway and Ocean Boulevard.
The overall goal is to bring about a compact and integrated ensemble
of public and private places that support year-round uses related
to living, working and recreation and visitation. All of the area
covered by the plan has been found to be in need of redevelopment.
B.
The Oceanfront district includes five sectors or "Zones
of Character" which are identified as:
C.
These five sectors will be made available for redevelopment
under development/design requirements described in this plan. Further
specificity will be added during the developer selection process.
Density of development is a major factor in this plan. It is reflected
in building bulk and height, realized in specific building types and
expressed in commercial FAR (floor area ratio) or residential dwelling
units per acre (du/acre).
D.
The plan sets out the City's objectives for redevelopment,
describes how redevelopment rights will be awarded to private redevelopers,
specifies relocation policies and states how tax incentives may be
applied to achieve needed improvements.
A.
The area included in this Redevelopment Plan (Map
1[1]) is described as follows:
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Starting at a point at the intersection of North
Bath Avenue and Ocean Boulevard, move northward along Ocean Boulevard
to the intersection of Ocean Boulevard and Chelsea Avenue. Then move
westward along Chelsea Avenue to the intersection of Chelsea Avenue
and Second Avenue. Then move northward along Second Avenue to the
intersection of Second Avenue and Broadway. Continue across Broadway
in a northerly direction along Union Avenue until Union Avenue makes
a 90 degree turn westward. At this point, continue in a northerly
direction until meeting the southerly property line of the abandoned
Conrail Railroad right of way. At this point, follow the southerly
side of the R.O.W. eastward to Long Branch Avenue. Continue in a northerly
direction along Long Branch Avenue until the northerly property line
of the Conrail R.O.W. is reached. From this point, follow the northerly
side of the Conrail R.O.W. westward to a point which intersects the
westerly fence line of the NJNG facility. Continue in a northerly
direction along fence line past the foot of Brook Street (C.P. Williams
Way). Continue to follow fence in northern and eastern directions
along the property line, which divides NJNG/JCP&L property from
City of Long Branch Housing Authority property, to Central Avenue.
Continue in an easterly direction to the Open Brook. Follow the Open
Brook in a northerly direction to the point of intersection with the
northerly property line of the former Jerry Morgan Park. Follow this
property line in an easterly and southerly direction until Long Branch
Avenue is met. Continue in a southerly direction along Long Branch
Avenue to the intersection of Long Branch Avenue and Cooper Avenue.
Continue easterly along Cooper Avenue until the intersection of Cooper
Avenue and Witmer Place. Continue northward along Witmer Place until
the intersection of Witmer Place and Sea View Avenue. Follow Sea View
Avenue eastward until meeting the mean high water mark of the Atlantic
Ocean. Follow mean high water line inclusive of existing Pier riparian
lands southward until reaching a point created by the intersection
of the mean high water line and a line projected from the right of
way for north Bath Avenue. Then turn westward along this line and
North Bath Avenue to the point of origin, which is the intersection
of Ocean Boulevard and North Bath Avenue.
|
[1]
Editor's Note: Maps are included in a pocket
at the end of this volume.
C.
Map 3[3] illustrates the five sectors or Zones of Character listed
above. Boundary descriptions follow:
(1)
Beachfront South. This sector lies between Ocean Boulevard
and Ocean Avenue and is bounded on the south by Bath Avenue North.
It includes some residential development. Estimated size: 17.25 acres.
(2)
Pier/Village Center. This sector fronts on Ocean Boulevard.
It includes the former amusement pier and land and buildings formerly
part of an amusement complex, along with some residential units and
a large amount of publicly held property. On the east edge, Ocean
Avenue is a lightly used north-south street with some commercial buildings
built over the beach. Little commercial activity remains here except
for a small motel. Estimated size: 25.5 acres.
(3)
Hotel Campus. This sector includes the 250-room Ocean
Place Hilton hotel, restaurant and spa, parking, a block of residential
buildings, another restaurant and a former day-care center. It is
bounded by the Promenade and beach, Ocean Boulevard, Laird Street
and Madison Avenue. Estimated size: 16.75 acres.
(4)
Beachfront North. This sector lies south of Monmouth
County's Seven Presidents Park, west of the Ocean Place Promenade,
east of Ocean Boulevard and north of Madison Avenue. This area contains
the former State Armory, expected to become a private recreation facility;
a significant amount of vacant land; and a number of residential properties
whose conditions range from well-maintained to poorly maintained.
Estimated size: 27.5 acres.
(5)
Broadway-Gateway. This sector includes approximately
3/4 of a mile of frontage on Ocean Boulevard, an industrial area,
the "Broadway Triangle" commercial area, and some residential properties
in the northern and southern edges. Estimated size: 48.5 acres.
[3]
Editor's Note: Maps are included in a pocket
at the end of this volume.
D.
An additional sector may be created in the Broadway
corridor, west of Second Avenue, extending to the railroad right-of-way,
when it appears that use of redevelopment powers will be useful.
E.
The Long Branch beaches are scheduled to be replenished
in 1996 by the Army Corps of Engineers. The sand will extend approximately
250 feet eastward from the bulkhead.
General redevelopment objectives shall be as
follows:
A.
Reestablish the identity of Long Branch as a multifaceted
community for residence, work and leisure, in a framework of both
historic legacy and citizen consensus.
B.
Create value in land and enterprise for public and
private interests through high-yield projects that exploit ocean views
from residential and commercial development and public spaces.
C.
Strengthen retail trade and City revenues by increasing
year-round population by creating housing types that will attract
a diversified market, primarily of small households.
D.
Ensure public access to the restored beachfront, augmented
with recreational amenities and civic purpose, and designed as a vital
safe zone with year-round night/day uses.
E.
Increase employment opportunities for residents, stabilize
taxes and increase maintenance and amenities as part of a better quality
of life.
F.
Improve public facilities in commercial areas, at
the beachfront and along various City streets, and facilitate pedestrian
movement among residences, commercial areas and the beachfront.
G.
Improve the City's image by replacing vacant lots
and poorly maintained buildings with new, carefully designed buildings,
both commercial and residential.
H.
Attract more retail and service enterprises which
will provide more commercial choices for residents and visitors.
I.
Achieve shared parking where needed to facilitate
use by residents, employees and visitors at different times, saving
land and development costs.
J.
Achieve state and local environmental objectives by
restricting impervious surfaces on a sector basis, thereby eliminating
the waste often associated with project-by-project attempts to meet
these and similar standards, such as parking.
K.
Conserve sound, well-maintained single-family housing
to the extent possible, and encourage residential development through
infill.
L.
Encourage mixed use development which includes both
commercial and residential uses.
A.
Density and use.
(1)
A concentration of building density is encouraged
in order to create a walkable environment and an enlarged base population
to sustain a lively, year-round retail and residential core on Long
Branch's Oceanfront.
(2)
Compared to the existing density of about 0.25 FAR,
the objective should be to achieve FAR's between 0.5 and 0.75. While
such concentrated development is usually constrained by parking area
requirements, a four-pronged parking approach is envisioned to support
this increased density by taking less land for unproductive vehicular
uses. This approach is expected to include:
(a)
Optimizing the use of dedicated parking sites
by sharing across complementary uses.
(b)
Reevaluating parking requirements based upon
actual demand at different times of the day and night.
(c)
Creating incentives to use public transit and
shared ridership.
(d)
Realizing on-street parking, on a regular and
"surge" basis.
B.
Urban form. This plan requires a close relationship
between built and open areas by maximizing street-fronting uses, controlling
street scales, encouraging zero-lot line development and minimizing
marginal utilization of land given to driveways, unusable setback
easements, stand-alone development, and underutilized parking lots.
Building design guidelines and a set of performance and prescriptive
codes will be provided during the developer selection process in order
to control the quality, scale and compatibility of future development
proposals in the redevelopment area.
C.
Circulation. A hierarchy of streets, ranging from
arterial roads to neighborhood streets and pedestrianways, will be
created in order to sustain safe and coherent access to regional,
local and neighborhood uses.
D.
Public beach access. Beach access will be enhanced
by connecting existing highways and transit facilities to beachfront
destinations and uses with pedestrian promenades, bikeways, trolleyways
and vehicular streets. Proposed improvements include gateways to the
beach and the inland community from Ocean Boulevard, environmental
signage and graphics and the reopening of Ocean Avenue to vehicular
traffic.
E.
Temporary and conditional uses. Such uses shall be
allowed on a per-case basis to accommodate phased improvements and
to prevent developments that underutilize resources for short-term
gains.
The Redevelopment Plan includes the following
component areas: entrance parkway, commercial gateway, beachfront
with Boardwalk, a Village Center and Pier, flanked by two residential
neighborhoods, one low-rise and one mid-rise. Within these zones,
the objective is to establish individual places of character, where
old blends into new, where people arrive, congregate, do business
and pursue pleasure in the community's everyday life. Each new proposed
development project will be expected to support and realize these
objectives. Further detail and enumeration of the specific objectives
outlined hereunder will be included in the Design Guidelines Handbook
being prepared by the City.[1] By sector and by use, the objectives are the following:
A.
Beachfront South: Mid-Rise Residential.
(1)
Residential development in this area is to continue
the mid-rise residential pattern of four- to eight-story structures
that maximize views to the Atlantic. This community is to achieve
a friendly pedestrian environment unified by landscaping: lawns, hedges
and walls, seating areas and buffered parking areas and good access
on foot to the Boardwalk and beaches.
(2)
Development/design requirements for this sector include:
(a)
Create a cohesive mid-rise residential district,
built upon the existing type of residential development.
(b)
Densities at a minimum of 15 and a maximum of
30 dwelling units/acre.
(c)
Institute strict setback and coverage requirements:
[1]
Ten feet on Ocean Avenue.
[2]
Thirty feet on side streets.
[3]
Fifty feet landscaped buffer on Ocean Boulevard.
[4]
Fifty feet or height of building, between buildings.
(The setback between buildings must be reviewed on a per case basis,
to encourage usable areas, rather than unused "view" corridors.)
[5]
Permitted ground coverage: 50%.
(d)
Give incentives for building types that provide
terraces and balconies, stepping towards the ocean, or that provide
publicly accessible amenities on the Boardwalk.
(e)
Require mid-block "pedestrian greens," buffering
parking areas and connecting adjacent sites.
(f)
Combine entrances to parking lots to minimize
the curb cuts on Ocean Boulevard by extending a driving lane between
adjacent parking lots in a block, entered from side streets.
(g)
Close and landscape unnecessary side streets
off Ocean Boulevard.
(h)
Allow permitted (short-term) visitor parking
on Ocean Avenue and side streets. Restrict new curb cuts and access
to all new projects from Ocean Boulevard.
(i)
Create a friendly pedestrian environment through
uniform landscaping: evergreen trees and hedges on Ocean Boulevard
side; lawns, hedges and stone footwalls on the Ocean Avenue side;
combined "gateways" and address markers on side streets, for the entire
block; low pedestrian lights from parking to building entrances.
(j)
Create sidewalks, crosswalks and pedestrian-operated
lights at intersections.
(k)
Require multistory residential developments
to provide benches and trash cans on Ocean Avenue side.
(l)
Encourage resident facilities and amenities
(pools, clubs, community halls, inns, etc.) on ground floors and in
existing historic structures that face Ocean Avenue and the boardwalk.
(m)
Restrict nonconforming/ancillary uses to 5%
of each proposed development.
(n)
Create landscape buffers between residential
and other nonconforming uses.
(o)
Create combined access to beaches from the boardwalk.
(p)
Build small neighborhood shelters, handstands,
shuttle stops and gazebos on the Ocean Avenue side.
B.
Pier/Village Center: Commercial and Entertainment,
Residential.
(1)
A Village Center concept is to govern redevelopment
of this area. A concentration of street-level retail and recreation-related
development is anticipated, allowing second and third floors to be
developed for restaurants, small office or residential uses. Current
low-density patterns are to be increased to an FAR of at least 0.5
to 0.75 based upon the complementarity of existing and proposed uses,
in optimizing parking demand and supply. The now derelict Pier is
intended to become a public place restored by public action. The southerly
half of this district is to feature a two- and three-story residential
pattern, made more cohesive with infill on individual lots and some
larger low-rise development of medium density (15 dwelling units/acre).
No ground level residential uses shall be permitted on Ocean Avenue
between Morris Avenue and Seaview Avenue, in the redevelopment area.
Bed-and-breakfast conversions will be allowed as part of the permitted
conversion of single-family homes to two and three units. The commercial
and entertainment uses in this sector consist of two areas: Laird
Street, and Ocean Avenue, between Morris Avenue and Laird Street.
(2)
Development/design requirements for the Commercial
and Entertainment area on Ocean Avenue include:
(a)
Retail/restaurant/small inns/entertainment/
convenience, etc., catering to residential, worker and visitor populations.
(b)
Reparcel Ocean Avenue frontage into small lots
(150 feet by 50 feet to 75 feet wide) where feasible.
(c)
Require a continuous street frontage with transparent
display windows and frequent store entrances (zero lot line development).
(e)
Improve public and private amenities through
joint land development where feasible.
(f)
Widen Ocean Avenue right-of-way to 115 feet
between Morris Avenue and Laird Street.
(g)
Provide easy access to front doors along "Main
Street." Increase short-term on-street parking. Create a tree-lined
median with diagonal parking and curbside parallel parking on Ocean
Avenue.
(h)
No on-site parking requirements for Ocean Avenue
commercial buildings.
(i)
Phase in parking as required and reserve land
for a municipal parking lot at rear (validated for customers) to share
with hotel/office users. (Additional parking management specifics
to be included in the City's parking plan.)
(j)
Buffer adjoining residential neighborhoods from
commercial activity.
(k)
Widen wooden boardwalk to 25 feet and create
paved crosswalks and dropoffs.
(3)
Development/design requirements for the Commercial
and Entertainment area on Laird Street include:
(a)
Extend the retail "Main Street" on Ocean Avenue
to connect with the Commercial Gateway and the upper Broadway retail
street.
(b)
Continue small lot commercial development on
the south side of Ocean Avenue.
(c)
Wrap retail/commercial uses around the existing
hotel garage. Move the garage's parking entrance, currently at the
northeast corner, to the northwest corner of the garage near the hotel
entrance.
(d)
Create a distinctive "corner" that faces Ocean
Avenue/Laird Street/Pier intersection. An anchor restaurant should
be open day and night, all year around.
(e)
Set the new building frontage to yield a sixty-foot
right-of-way with a ten-foot planted median on Laird Street.
(f)
Establish continuous street frontage (zero lot-line
development) on either side of Laird Street.
(g)
Small scale incremental retail development with
a maximum FAR of 1:0 may be considered. Permissible ground coverage:
75%. Maximum height: 60 feet.
(h)
Redo Laird Street intersection at Ocean Boulevard.
(i)
No residential uses are permitted on the ground
level on Ocean Avenue in this sector.
(j)
Motel/hotel uses on Ocean Avenue are encouraged.
(4)
Development/design requirements for the residential
area include:
(a)
Close the entrances to all neighborhood streets
(Franklin, Melrose and Chelsea East) at Ocean Boulevard, to deter
through traffic.
(b)
Extend alleys connecting these streets at mid-block.
(c)
Require access such that neighborhood "gateways"
occur on Ocean Avenue and Morris Avenue.
(d)
Create a landscaped buffer at the perimeter
of the residential neighborhood.
(e)
Make "Pier Gateway" at the Laird/Garfield intersection
with Ocean Boulevard.
(f)
Develop a cohesive low-rise, medium-density
(15 dwelling units/acre) residential neighborhood compatible with
existing neighborhood fabric, similar to that described for Beachfront
North. Development proposals will be reviewed on a per case basis
until design guidelines are drawn up for the area.[2]
(g)
Only residential uses are permitted in this
section of the Pier/Village Center area, with the exception of bed-and-breakfast
and motel accommodations.
(h)
Allow bed-and-breakfast conversions per new
City ordinance.
C.
Hotel Campus: Hotel, Commercial.
(1)
The objective is to develop a distinctive Hotel "Campus"
ensemble as a gateway to the City and to the oceanfront.
(2)
Development/design requirements for this area include:
(a)
Mixed commercial development at an urban scale
on the key corners.
(b)
Change the context of the hotel on its isolated
parking-based site.
(c)
Introduce real urban streets into the campus
to encourage a firm edge, movement through the site and activity of
vehicles and pedestrians.
(d)
Floor area ratio permissible to 2.0.
(e)
Make edge streets with prominent ground level
uses and frequent entrances.
(f)
An office building of at least 100,000 square
feet which is to be complementary to existing hotel.
(g)
Develop parking facilities shared by hotel and
office, and at least partially available to the public during off-hours
and on weekends. Create short term on-street parking.
(h)
Develop South Broadway as a frontage street.
(i)
Create a pedestrian-friendly landscaped frontage
street/square on the South Broadway extension to the hotel, connecting
to modified Laird Street and Madison Avenue.
(j)
A small convention facility or business hotel/inn
facility should be built on the northwest corner of the hotel block.
(k)
Create a landmark restaurant on the Laird Street
corner of the hotel site, wrapped around the existing garage on the
Pier side.
D.
Beachfront North: Low-Rise Medium-Density Residential.
(1)
Beachfront North is a sector composed of a Waterfront
Recreation Zone (sites fronting the Promenade/Ocean Avenue) and a
Beachside Residential Village. Building types that are "street based"
and "street dependent" shall be required in the entire sector. A neighborhood
character is to be established, emphasized by controlled street traffic,
bike and walking paths, on-street resident parking and through-block
alleys for garages and secondary parking.
(2)
Development/design requirements for Beachside Village
include:
(a)
Create a transition between public and private
spaces by introducing a hierarchy of accessways which move from regional
to local to residential scale and which are marked by identifiable
"neighborhood gateways."
(b)
Create a single cohesive neighborhood by connecting
each existing east-west street with an extended Grant Street (north-south)
as the primary "spine." Close North Broadway, Madison Avenue and Ocean
Terrace at Ocean Boulevard. Direct traffic away from Seaview Avenue,
Cooper Avenue, and South Broadway.
(c)
Create a block structure that replaces individual
front driveways with shared mid-block alleys linked to garages. A
forty-five-foot right-of-way is required for residential streets and
twenty-foot deeded right-of-way for rear alleys. Existing sixty-foot
rights-of-way may accommodate diagonal (permit) parking.
(d)
Create deeded pedestrian ways to the beach.
Twenty-foot easements for pedestrian pathways required at locations
to be specified during the developer selection process. Any existing
or assembled sites that contain these paths are required to create
and maintain such public pedestrian accessways.
(e)
Create a Residential Parking Permit District.
New development is to be restricted to providing no more than one
on-site parking space per unit. Additional on-street parking space
may be lease/purchased from the Parking Permit District.
(g)
Permitted density to be at a consistent range
between 12 dwelling units/acre and 15 dwelling units/acre (relative
to site area).
(h)
Maximum height: 40 feet.
(i)
Zero lot development (no side setback).
(j)
Minimum ground coverage: 40%.
(k)
Maximum ground coverage: 75%.
(l)
Balconies/terraces should be encouraged for
buildings over two stories high.
(m)
Townhouse or alley based clustered development
are building types which meet the broad criteria listed above.
(n)
Bed-and-breakfast use to be permitted.
(o)
Create a landscaped buffer surrounding the area.
All nonconforming uses required to create an on-site buffer separation
to minimize impact on residential neighborhoods. (Setbacks and treatment
to be delineated in Design Guidelines Handbook.[4])
(p)
All uses, other than residential, are restricted
and conditional in this area, subject to their impact on the residential
neighborhood.
(q)
No commercial (strip) development is permitted
on Ocean Boulevard fronting sites. No new curb cuts or accessways
are allowed off Ocean Boulevard, unless specified in the sector plans.
(3)
Development/design requirements for Beachfront North
area which is part of Waterfront Recreation Zone include:
(b)
Maximum permissible FAR: 0.25.
(c)
Maximum height: 40 feet.
(d)
A landscaped thirty-foot setback required on
west edge of site. Setback on Ocean Avenue to be reviewed on a per-case
basis.
(e)
Parking requirements must be satisfied by shared
public on-site or off-site parking. Public (beach) parking is a permitted
use on all sites in this zone.
(f)
One tree shall be planted for every five parking
spaces provided.
(h)
No residential uses permitted on all oceanfront
sites between Hilton Hotel and Seven Presidents Park.
(i)
Neighborhood retail and restaurants are permitted
uses.
(j)
All uses in the Waterfront Recreation Zone must
adequately mitigate disturbance to the adjoining residential uses.
(4)
Armory site.
(a)
Development design requirements for the Armory
Site include:
(b)
Uses permitted are those reflected in the deed
from the State of New Jersey, dated February 27, 1996. The reopened
Ocean Avenue will suffice as primary access to the site. Cooper Avenue
will be a neighborhood through-street with residential development
only.
(c)
However, if the recreational use at the Armory
has the high intensity of a regional destination, as measured by standard
transportation analysis of traffic and destination patterns, Cooper
Avenue will become a mixed use frontage street. Sites abutting Cooper
Avenue up to 150 feet from the edge of right-of-way will be subject
to the following development criteria, and to Design Guidelines[8] to be formulated by the City:
[1]
Maximum permissible FAR: 1.0. (Structured parking
required for FAR over 0.3.)
[2]
Maximum height: 40 feet.
[3]
Mandatory setback on Cooper Avenue (for diagonal
parking and pedestrian path easement): 25 feet.
[5]
Seventy-five percent of approved FAR for each
site must be built within 100 feet of property line at Cooper Avenue,
leaving buffered rear for long-term parking.
[6]
Twenty-foot mandatory landscaped buffer with
alley facing residential development.
[7]
No more than 25% of proposed built uses may
be approved commercial/retail uses.
[8]
Parking structures appropriately buffered may
be a permissible nonconforming use on these sites, if not intruding
on residential uses, and provided that they are in conformity with
the City's shared parking requirements. Details per Design Guidelines[10] and Parking Plan.
[9]
Parking requirements for mixed commercial/residential
development: two on-site spaces per dwelling unit; five spaces per
1,000 square feet of commercial space.
(d)
Temporary conditional use. The Cooper Avenue
sites, described above, may be occupied by temporary surface parking
lots for a period approved by the City (not to exceed three years),
at the end of which the developer is to be required to develop designated
sites per criteria described above. The City shall set specific terms
when developers are designated or approved for these sites.
E.
Broadway-Gateway: Mixed Commercial.
(1)
Commercial and retail uses with larger square footage
requirements are encouraged for this area on the west side of Ocean
Boulevard.
(2)
Development/design requirements include:
(a)
Close North Broadway from Second Avenue to Ocean
Boulevard, and make South Broadway the gateway to downtown.
(b)
Create a four-building gateway complex that
attracts daily commuters, shoppers and residents.
(c)
Maximum permissible FAR: 2.0. (Structured parking
required for developments with FAR greater than 0.7. This shall be
detailed in the shared parking plan to be developed by the City.)
(d)
Lots abutting South Broadway are required to
build 80% of gross (permitted) building area within 80 feet of South
Broadway lot line.
(f)
Buildings required to be built up to lot line
on South Broadway, to create a street wall, with at least one major
pedestrian entrance on South Broadway.
(g)
No building entrances or curb cuts permitted
on Ocean Boulevard, unless specified in sector plans.
(h)
Extend Garfield Avenue to Ocean Boulevard as
a new connection from the City to the beach aligned with Laird Street.
(i)
Use infill sites around the existing church
for multifamily residential fronting on Second Avenue. Land shall
be reserved close to Ocean Boulevard for buffered parking.
(j)
Add new curb cut for Supermarket/Big Box store
to facilitate homeside access.
(k)
Twenty-four-hour public-oriented mixed uses
are encouraged.
All of the objectives listed in §§ 345-87 and 345-88 above are considered by the Long Branch Planning Board and City Council to be local objectives with which this Redevelopment Plan is consistent. Prior to approving this Redevelopment Plan, both bodies found that the area addressed in this Plan was an "area in need of redevelopment." Both bodies subsequently found that this Redevelopment Plan's objectives are consistent with and appropriate to the objective of furthering redevelopment within the specified area.
A.
It is the City's intention that property acquisition
necessary to implement this plan will be carried out by designated
private redevelopers negotiating with property owners.
B.
The City reserves the right to condemn property if
private negotiations fail and the property or properties in question
are judged essential to achieve objectives intended by the Plan. In
cases where the designated redeveloper and a private property owner
cannot agree on the terms of purchase, and as a last resort after
other means have been exhausted, the developer may request that the
City use its power of eminent domain, specifying the means that have
been applied to purchase the property. If the City agrees to acquire
by condemnation, the developer will pay all costs of acquisition/condemnation,
including legal and appraisal costs. The City may require a refundable
cash deposit accompanying this request.
C.
To the extent that properties may be subject to title
problems, the City may relieve the properties of these problems through
use of eminent domain.
A.
The amount of relocation required to implement the
Redevelopment Plan is expected to be moderate at most, given the policy
encouraging infill. In accordance with the requirements of State law,
all persons (including families, business concerns and others displaced
by project activities) will be assisted in finding other locations
and facilities. Persons displaced from their homes will be assisted
in finding housing which is decent, safe, sanitary and within their
financial means in reasonably convergent locations and otherwise suitable
to their needs.
B.
Where relocation of any resident or business becomes
necessary to improve and revitalize the Redevelopment Area, the City
and/or any developer that enters into a developer agreement with the
City or any party for the development of any portion of the Redevelopment
Area, shall conform to and meet all the requirements of applicable
state and federal relocation laws.
C.
All costs associated with relocation shall be the
responsibility of designated developers.
The City Council has adopted the following policies
regarding possible use of tax incentives which may be applied to Redevelopment
Area projects seeking such financial assistance:
A.
There is no presumption of need for tax abatement
within the Redevelopment Area. The City Council will consider any
application for tax abatement on its merits, depending upon the degree
to which the project needs such an incentive in order to achieve City
objectives, listed below as "projects of special community benefit."
B.
Projects of special community benefit include, but
are not limited to:
(1)
Construction or substantial rehabilitation for office
use.
(2)
Construction of residential or hotel projects five
or more stories in height.
(3)
Construction of new retail space or substantial rehabilitation
of existing space for retail use.
(4)
Multilevel parking structures with provision for shared
parking.
(5)
Significant public amenities beyond the minimum state
or local requirements, such as beach access, parks, public art, pedestrian
lighting, etc., in accordance with this plan.
(6)
Conversion of nonresidential space to residential
or to mixed use.
(7)
New buildings that combine residential and commercial
uses.
(8)
Redevelopment of areas requiring environmental cleanup
for any approved use.
C.
It is assumed that nonelevator residential structures
will not require tax incentives.
[Amended 7-8-2008 by Ord. No. 11-08; 12-30-2013 by Ord. No.
19-13]
A.
It is the policy of the City of Long Branch that selection of developers
to implement redevelopment plans be accomplished through either an
open and competitive process or initiated by request of existing property
owners, contract purchasers or other parties so authorized by a property
owner who are proposing a project and seeking redeveloper designation.
The City, however, reserves the right to waive this policy, by resolution
of the governing body, if it judges that specific circumstances justify
doing so.
B.
Open and competitive developer solicitation and designation process. If the City determines that a competitive process is to be pursued for redevelopment of a sector or subsectors, or any portions thereof, the competitive developer selection process will include these steps, as further detailed in § 345-95A:
(1)
Preparation of developer qualifications, guidelines to selection
and phasing of solicitations.
(2)
Preparation and approval of developer solicitation materials (request
for qualifications).
(3)
Advertisements and direct solicitation of developers.
(4)
Review of developer qualifications through completion by developers
of a request for qualification (RFQ) document created by the City
Administration. Selected developers invited to submit proposals in
response to a request for proposal (RFP) document created by the City
Administration.
(5)
Review of developer proposals and consultation with the Redevelopment
Design Review Committee through a collaborative process, including
conceptual site plans, proposed schedule and financial plan leading
to selection of developers.
(6)
Conditional designation of developers and execution of an escrow agreement by developers in the initial amount required pursuant to § 345-94E to cover City costs in connection with further design review and refinement and negotiations with selected developers, leading to developer agreements.
(7)
City Council designation of developers, based on agreements between
developers and City.
(8)
If negotiation with a selected developer is unsatisfactory, the City
will terminate the negotiation and begin again with another developer
until a satisfactory agreement is reached.
(9)
The City may also restart the developer solicitation process. It
is the City's intention to continue this process until agreements
have been reached with developers regarding all five sectors.
C.
Unsolicited developer designation process. With respect to any properties in the Redevelopment Area where the City has not determined to apply the open and competitive developer solicitation and designation process, the current owner of any such properties, or any other person with written authorization from the current property owner, may propose unsolicited redevelopment projects for such properties. The process for review and approval of such projects by the City as redevelopment entity are set forth in § 345-95B.
D.
Developer agreements will include such issues as developer responsibilities
for public facilities, relocation responsibilities, local employee
recruitment policies, adherence to design guidelines, approval of
all firms which become members of the development team, timely inception
of construction, phasing and other considerations. The City reserves
the right to change developers in the event of failure to perform
in accordance with the agreement.
E.
Upon conditional designation, the developer shall execute an escrow
agreement posting an escrow in an initial amount, subject to replenishment
if and as necessary, according to the following schedule:
(1)
Five thousand dollars for projects with a total estimated project
cost less of than $3,000,000;
(2)
Ten thousand dollars for projects with a total estimated project
cost of greater than $3,000,000 and less than $10,000,000; and
(3)
Fifteen thousand dollars for projects with a total estimated project
cost of greater than $10,000,000.
F.
Upon execution of a developer agreement, developers will make a nonrefundable
payment of 0.5% of the total estimated project cost, up to a maximum
of $100,000 to the City at the time agreements are signed. These funds
will be applied to economic development programs, including incentives
for facade and sign improvements and other business attraction projects.
[Amended 12-30-2013 by Ord. No. 19-13]
A.
Open and competitive developer solicitation and designation process.
When the City determines that a competitive process is to be pursued
for redevelopment of a sector or subsectors, the developer designation
process will include the following steps:
(1)
Prepare and adopt a land use and parking and access management plan
for affected sectors.
(2)
Begin developer solicitation process by releasing requests for qualifications
(RFQ) for one or more of the five sectors or any portions thereof.
(4)
Select developers to respond to request for proposals (RFPs) for
one or more sectors or a part of one sector.
(6)
Award developer(s) exclusive right to negotiate with City through conditional redeveloper designation and execution of an escrow agreement by developers in the initial amount required pursuant to § 345-94E to cover City costs in connection with further design review and refinement and negotiations with selected developers, leading to developer agreements.
(7)
Negotiate developer agreements.
(8)
Award "designated developer" rights by sector or subsector or any
applicable portion thereof.
(9)
Begin development process leading to application to Planning Board
for preliminary and final site plan approval.
B.
Unsolicited developer designation process. With respect to any properties
in the Redevelopment Area where the City has not determined to apply
the open and competitive developer solicitation and designation process,
the current owner of any such properties, or any person with written
authorization from the current property owner, may propose a project
and seek designation as redeveloper for such properties.
(1)
If the proposed development includes the construction of more than eight dwelling units; or more than 12,500 square feet of nonresidential development; and the total estimated project cost is greater than $3,000,000, then the proposed redeveloper candidates will complete the RFQ and REP and be subject to the same process set forth in § 345-95A and shall meet the same requirements set forth in that section and the RFQ and RFP.
(2)
If the proposed development includes the construction of eight or
fewer dwelling units; or 12,500 or less square feet of nonresidential
development; and the total estimated project cost is less than $3,000,000,
then the developer designation process will include the following
steps:
(a)
Review of developer qualifications and proposals through completion
by developers of a request for designation (RFD) document created
by the City Administration. The RFD shall include a two-step process
pursuant to which there will be a pre-qualification based upon an
initial review and assessment of the proposed development concept,
candidate's qualifications, experience, financial capacity and financing
plan, project schedule and the development concept's compliance with
the redevelopment plan and design guidelines.
(b)
After such pre-qualification, award developer(s) exclusive right
to negotiate with City through conditional redeveloper designation
and execution of an escrow agreement by developers in an initial amount
of $5,000 to cover City costs in connection with further design review
and refinement and negotiations with selected developers, leading
to developer agreements.
(c)
Continued review and refinement of the development proposal
through a collaborative process with the Redevelopment Design Review
Committee.
(d)
Negotiate developer agreements.
(e)
Award "designated developer" rights for the property(ies).
(f)
Begin development process leading to application to Planning
Board for preliminary and final site plan approval.
A.
Before the Design Guidelines Handbook[1] for each sector is approved by the City, any developer
or landowner must, prior to applying for preliminary or final development
approval, obtain the approval of the City Council regarding the consistency
of the proposed development with the design goals and objectives of
this Redevelopment Plan. The Council shall act within 45 days, after
submission of an application for such a consistency determination
on such forms as the City shall require.
B.
The City Council shall, prior to taking action, obtain
advice from the Design Review Committee appointed by the Mayor with
the advice and consent of the City Council.
A.
The proposals of this plan are consistent with the
general plan for the municipality. Local planning objectives having
direct bearing on this project, and which have been planned as integral
parts of the total planning for the City, are as follows:
(1)
The effectuation of the Redevelopment Plan will carry
out major proposals of the Master Plan for the City and will comply
with local objectives of the City as to appropriate land uses, improved
street systems, and overall improvement of the area.
(2)
The effectuation of the Redevelopment Plan will improve
the total living and working conditions of the City through improvement
of a blighted area, removal of structures in poor condition and the
provision of land for new commercial and residential development.
B.
The various elements of this Redevelopment Plan set
forth above are in compliance with the requirements of State and local
law.
A.
The Redevelopment Plan may be amended from time to
time by the City Council of the City of Long Branch, provided that,
if amended after the disposition of any land in the Redevelopment
Area, the modification must be consented to in writing by designated
developers. Any amendments to the Redevelopment Plan shall be reviewed
by the Planning Board of the City of Long Branch. After such review,
the Planning Board shall make recommendations to the City Council,
which may adopt the changes by ordinance. Such ordinance shall specify
the relationship of the proposed changes or amendments to the City
Master Plan and the goals and objectives of the Redevelopment Plan.
B.
The Redevelopment Plan, as it may be amended from
time to time, shall be in effect from the date of its adoption by
the City Council on second reading and publication.
This plan shall constitute an overlay zone on
the Zoning Map for the areas covered by this plan.
[1]
Editor's Note: Maps are included in a pocket
at the end of this volume.
Uses in the redevelopment area shall be limited
to those permitted in this plan. In addition, the provisions of this
plan shall be the exclusive basis for regulation of all development
within the redevelopment area with respect to subjects covered by
this plan. Any other development regulations otherwise applicable
in the redevelopment area shall remain in effect unless inconsistent
with the provisions of this plan, provided that the Planning Board
may grant waivers or variances from such regulations in order to carry
out the intent and purposes of this plan.
[Added 7-22-1997 by Ord. No. 23-97;
amended 11-22-2016 by Ord. No.
28-16]
A.
This section shall be known as the "Redevelopment Design Standards
Ordinance of the City of Long Branch."
B.
The redevelopment guidelines set forth in the attached sections entitled
"General Design Guidelines," "Village Center at Pier," "Broadway Gateway,"
"Beachfront North," "Hotel Campus," "Beachfront South," and, as may
be applicable, "2016 Addendum to Oceanfront-Broadway Redevelopment
Plan Design Guidelines,"[1] are hereby adopted as the standards for land use, density
and intensity of development, bulk requirements, parking and design
for redevelopment in the City of Long Branch within the areas each
covered by the applicable set of design guidelines and by the general
guidelines. Notwithstanding the use of the term "guidelines" in this
section or the attached sections, which are incorporated herein by
reference, the provisions as attached shall be enforced as standards
governing redevelopment in the City of Long Branch. It is the intent
of the City Council that the attached development requirements be
the sole and exclusive standards governing development in the portions
of the Redevelopment Area affected by them except as to standards
of general applicability which are clearly not covered or clearly
have been intentionally omitted from the attached sections.
[1]
Editor's Note: Said Design Guidelines are on file in the office
of the City Clerk.
C.
No variances of the kind set forth in N.J.S.A. 40:55D-70d may be
granted by the Zoning Board of Adjustment of the City of Long Branch
from the requirements of this section. All applications for development
in the Redevelopment Area shall be heard by the Planning Board of
the City of Long Branch in accordance with N.J.S.A. 40A:12A-13.
D.
In addition to the review provided in Subsection C above, any developer seeking any development approval within the redevelopment area must in addition provide 10 copies of the application and plans submitted to the Planning Board to the City Clerk for distribution to the Mayor and Council of the City of Long Branch. Approval of such plans by the City Council of the City of Long Branch shall be a condition of any approval granted by the Planning Board. Such Council approval shall be obtained no later than the time at which an application for development receives final development approval from the Planning Board of the City of Long Branch.
E.
The City Clerk shall, upon receipt of copies of the development applications
and plans, provide sufficient copies to the Design Review Committee
so as to enable it to carry out its functions under this section.
In reviewing applications for development in the Redevelopment Area,
the City Council shall take into account the advice of the Design
Review committee previously established by the Council of the City
of Long Branch. The Council shall approve it if the proposed development
conforms to the requirements of the design guidelines and the terms
of any applicable Redeveloper's Agreement, and will contribute to
the revitalization and use of the Redevelopment Area in accordance
with the goals of the guidelines and the Redevelopment Plan Ordinance.
F.
For any portions of the redevelopment area not covered by the design
guidelines as attached hereto and incorporated herein, the development
standards as either set forth or incorporated in the Redevelopment
Plan ordinance adopted May 14, 1996, shall continue in full force
and effect.
G.
All ordinances or provisions of ordinances inconsistent with the
within section are hereby repealed. However, the May 14, 1996, Redevelopment
Plan Ordinance and April 1996 Redevelopment Plan shall remain in full
force and effect and be read in pari materia with this section except
that the development standards set forth in Sections 4 and 5 of the
Redevelopment Plan are superseded by this section whose provisions
shall be controlling.
H.
This section may be enforced by the Planning Board, Zoning Officer and other officials of the City of Long Branch as in the same manner as is Chapter 300, Subdivision of Land, of the Code of the City of Long Branch.
I.
Class 5 licensed cannabis retailers, without a cannabis consumption
area, shall only be permitted in the Oceanfront Broadway Redevelopment
Area (Broadway Sector) and Oceanfront Broadway Redevelopment Area
(Broadway Gateway Sector!) of the Redevelopment Plan.
[Added 12-8-2021 by Ord. No. 22-21[2]]
[2]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection I as Subsection J.
J.
If any paragraph, section, clause or application of this section,
or of the provisions referenced and incorporated herein, shall be
found to be unconstitutional or otherwise invalid, such findings shall
not affect any remaining section, clause, paragraph or application,
which shall be severable and shall continue in full force and effect
notwithstanding such a finding of invalidity.
