Township of Long Beach, NJ Chapter 164 Site Plan Review

[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach as indicated in article histories. Amendments noted where applicable.]

Article I Procedure

[Adopted 5-20-1977 by Ord. No. 77-11C]

§ 164-1 Purpose.

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.

§ 164-2 Definitions.

[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.

§ 164-3 Necessity of site plan review.

[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.

§ 164-4 Review procedure.

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.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(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]

§ 164-5 Contents of application.

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.[1]

[1] Editor's Note: Editor's Note: See Ch. 160, Signs.

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]

§ 164-6 Application pending before other boards; waivers; costs; violations.

A. It is required that prior to submission of the detailed site plan or in conjunction therewith, the applicant must submit either approval by, or evidence that his or her application is pending before, the necessary governmental units in charge of environmental protection, sewerage, sanitary and water supply, and where required, local and State Board of Health approval.

B. The Planning Board may waive any of their requirements or details specified to be shown on the site plan in any given application due to topographical characteristics where the use is within the zone under Chapter 205, Zoning.

C. All costs incurred in compliance with this article for review, inspections and approvals by the Township of Long Beach and/or the Planning Board of the Township of Long Beach shall be borne by and be the sole responsibility of the applicant.

D. A minor site plan shall be a site plan with no more than one building with a total floor area not in excess of 2,500 square feet, involving no more than one parcel of ground, containing no new or altered public streets or roads and involving no change of construction of municipal drainage installations caused by the proposed site plan.

E. Failure of any applicant to comply with all provisions of any resolution of approval or disapproval of any application made pursuant to this article shall be deemed to be a violation of this article. Where the applicant is not the owner of property subject of such application, both applicant and owner shall be deemed guilty of violation.

§ 164-7 Time allocation.

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.

§ 164-8 Performance, temporary, stabilization, and maintenance guarantees.

[Added 2-4-2019 by Ord. No. 19-02C[1]]

The permitted and required guarantees and regulations relating thereto are set forth in Chapter 103.

[1] Editor's Note: This ordinance also repealed former § 164-8, Performance guaranty; maintenance guaranty; release thereof, as amended.

§ 164-9 Standards and regulations.

A. Planning Board approval of the site plan shall be guided by the fact that the site plan conforms with the following standards and regulations:

(1) The applicant has submitted a site plan containing all of the information and data as provided for in this article.

(2) The details of the site plan are in accordance with the standards of Chapter 205, Zoning, and any amendments thereto and any and all other ordinances of the Township of Long Beach and amendments thereto, which may be in existence at the time of the application, and in harmony with the officially adopted Comprehensive Master Plan of the Township of Long Beach, which hereinafter may be adopted.

(3) All parking and traffic problems shall be kept at a minimum by the use of engineering design features, such as acceleration and deceleration lanes, jug-handles, marginal access streets and other techniques deemed appropriate by the Planning Board.

(4) Adequate provisions are made so as to prevent any drainage problem.

(5) A reasonable screening at all seasons of the year of all playgrounds and parking and service areas from the view of adjacent properties and streets be provided where necessary for the purpose of protecting the health, safety and general welfare, comfort and convenience of the public.

(6) All exterior site lighting shall be designed to provide a minimum lighting intensity of 0.5 lumen per square foot. Lighting shall be of a soft or glare-free type and shall not cast an illumination color which shall be distractive, obliterate or obscure the view, be it ultraviolet, strobic, pulsating, flashing or of any unnatural kind to create a public nuisance, discomfort or hazard. All exterior lighting fixtures shall be designed, manufactured, installed and aimed in such a manner as to keep glare from reflecting onto adjacent streets, properties, residences or public areas. The intensity of lighting provided throughout a site shall not be greater than 1.5 footcandles and shall not exceed 1.0 footcandles at the property lines.

[Amended 5-21-1999 by Ord. No. 99-20C]

(7) The details of the site plan for the authorized use will be such that the operation will not offend the public interest.

B. Upon approval by the Planning Board of the site plan of an applicant, said applicant has six months to commence construction. The construction must be completed within three years of the date of commencement of construction. Beyond said three-year period, the approval of the site plan by the Planning Board automatically becomes void, and the applicant shall reapply for a new site plan approval.

§ 164-10 Fees.

A. There shall be submitted to the Secretary of the Planning Board, with each site plan application to be reviewed by the Planning Board in order to defray the cost of engineering review and all other costs of review of said site plan, the fees as set forth in Chapter 18, Land Use Procedures.

[Amended 7-18-1997 by Ord. No. 97-16C]

B. In order to ensure the availability of funds for review, inspection and approval by the township and its Planning Board, the Planning Board shall in any resolution granting site plan approval require the applicant to deposit sufficient funds with the township to ensure the payment of all engineering inspection costs incurred by the township in granting final approval to the project and a certificate of occupancy therefor.

C. The resolution shall require the applicant to deposit 6% of the estimated costs of the site plan improvement or $50, whichever shall be the greater amount, as a minimum but shall have the discretion to require such additional sums as the Planning Board in its sound discretion upon the advice of its Engineer may deem reasonably necessary to ensure the availability of adequate funds to pay for the engineering inspection. Upon the payment of all engineering inspection bills rendered by the Planning Board Engineer as well as the payment of all other review and inspection costs and after the issuance of a certificate of occupancy, the applicant may make application to have any funds not disbursed for necessary expenses returned without interest.

D. In addition to the above, as provided hereinabove, all costs incurred in compliance with this article for review, inspection and approvals by the Township of Long Beach and/or the Planning Board of the Township of Long Beach shall be borne by and be the sole responsibility of the applicant.

§ 164-11 Violations and penalties.

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.

Article II Public Health, Safety and Welfare [1]

[Adopted 5-19-2006 by Ord. No. 06-13C]

[1] Editor's Note: Former Art. II, Off-Tract Improvements, adopted 7-6-1984 as Ord. No. 84-17C, as amended, was repealed 6-7-2021 by Ord. No. 21-15C. See now Ch. 176, Art. VI. This ordinance also redesignated former Art. III, Public Health, Safety and Welfare, as Art. II.

§ 164-12 Considerations.

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.

(2) Attorneys-at-law.

(3) Barbers and beauticians.

(4) Dentists.

(5) Doctors of medicine, doctors of osteopathy, doctors of chiropractic and other licensed health care professionals.

(6) Engineers.

(7) Insurance agents and brokers.

(8) Land surveyors.

(9) Real estate brokers and agents.

(10) Real estate appraisers.

(11) Title insurers.