Long Branch City Zoning Code
ARTICLE X
Redevelopment Plan
§ 345-82 Adoption of plan.
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]
§ 345-83 Glossary.
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]
§ 345-84 Intent; objectives.
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.
§ 345-85 Boundaries and area descriptions.
A.
The area included in this Redevelopment Plan (Map 1[1]) is described as follows:
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.
§ 345-86 General redevelopment objectives.
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.
§ 345-87 Specific objectives: key principles.
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.
§ 345-88 Specific objectives: uses by sector.
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.
§ 345-89 Relationship of Redevelopment Plan to local objectives.
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.
§ 345-90 Land use regulations.
§ 345-91 Acquisition plan.
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.
§ 345-92 Relocation.
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.
§ 345-93 Tax incentives.
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.
§ 345-94 Developer selection.
[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.
§ 345-95 Developer designation process.
[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.
§ 345-96 Non-RFP development proposals.
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.
§ 345-97 Provisions necessary to meet state and local requirements.
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.
§ 345-98 Procedures for changing Redevelopment Plan.
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.
§ 345-99 Maps. [1]
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.
§ 345-100 Miscellaneous.
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.
§ 345-101 Redevelopment design standards.
[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.