This chapter may be referred to as the "Municipal
Land Use Ordinance of the Borough of Sea Bright."
It is the intent and purpose of this chapter
to:
A.
Guide the appropriate use or development of all lands
in this Borough 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.
Ensure that the development of this Borough does not
conflict with the development and general welfare of neighboring municipalities,
the county and the state as a whole.
E.
Promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and to preservation
of the environment.
F.
Encourage the appropriate and efficient expenditures
of public funds by the coordination of public development with land
use policies.
G.
Provide sufficient space in appropriate locations
for a variety of residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements, in order to meet the needs of all citizens
of the Borough of Sea Bright.
H.
Encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which results in congestion
or blight.
I.
Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
J.
Promote the conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper use of land.
K.
Encourage coordination of the various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to the more efficient use
of land.
L.
Encourage the control of surface water runoff and
to encourage the control of soil erosion and sedimentation and to
prevent flooding and other damage to land.
M.
Encourage variety in housing types and costs.
A.
General requirements for all developments. No development
shall be permitted to occur within the Borough unless preceding such
development there shall have been filed an application for development
which has been reviewed and approved in accordance with the provisions
of this chapter and of all Borough codes and ordinances and any rules,
regulations, codes, laws or administrative procedures of any higher
level of government. When such approval has been granted subject to
conditions or required specific performance, failure to meet such
conditions or perform as specified shall cause said approval to become
null and void.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Site plan and/or subdivision approval required; exempt
development.
[Amended 12-15-1998 by Ord. No. 94-98; 9-4-2012 by Ord. No. 11-2012]
(1)
Unless
proposed improvements are defined as an "exempt development," site
plan and/or subdivision approval is required for applications involving:
(a)
The
subdivision of land;
(b)
Site
development;
(c)
Construction;
(d)
Any
change of use, building, structure or site from any class of zoning
use set forth in this chapter to any other class of zoning use;
(e)
Any
conditional use applications; or
(f)
The construction or alteration of any off-street parking area.
(2)
"Exempt
development" shall be defined as follows:
(a)
Construction, additions or alterations related to single-family or
two-family detached dwellings on individual lots.
(b)
Interior alterations which do not increase the required number of
off-street parking spaces.
(c)
Construction or installation of underground facilities which do not
alter the general use, appearance or grade of the site.
(d)
In the B-1 Central Business Zone only, the construction, alteration of, or addition to any premises which creates no variances other than the need for an increase of five or fewer vehicle parking spaces. This shall be a one-time exemption stemming from the parking requirement in effect for the premises as of the date of the passage of this Subsection B or as set forth at the time of a previous site plan approval. Additionally, if the one-time exemption is deemed to apply, the applicant shall not be required to obtain parking variance relief.
(e)
Divisions of property, and conveyances so as to combine existing
lots, which are not considered to be subdivisions in accordance with
the definition of "subdivision" contained within this chapter.
(f)
Individual applications for accessory mechanical equipment, accessory
storage structures and accessory structures and uses not exceeding
500 square feet in area, whose operation and location conforms to
the design and performance standards of this chapter and whose installation
is on a site already occupied by an active principal use for which
site plan approval is not otherwise required.
(3)
If a development defined as an "exempt development" within this Subsection B requires approval from the Planning Board, the applicant is required to file an application with the Planning Board, and must appear before the Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
