Long Branch City Zoning Code
ARTICLE V
Special Regulations
§ 345-40 Signs.
§ 345-41 Fences.
No fence hereafter erected, altered or reconstructed in any zone in the City may exceed three feet in height above the curb level when located within 25 feet of the intersection of two street lines.
No fence hereinafter erected, altered or reconstructed in any residential zone or on lots of any other zone on which residential buildings are erected shall exceed four feet in height above ground level within a front yard area, or more than six feet in height above ground level on any other side. This regulation shall not preclude the erection of a fence in accordance with Chapter 312, Tennis Court, in conjunction with a tennis court or Chapter 303, Swimming Pools, Article II, Public Recreational Bathing Places, in conjunction with a swimming pool. In the case of a corner lot, and in conjunction with a single family home, a five-foot fence would be permitted following toward the rear yard from the rear line of the house, continuing a maximum of 30 feet, and across the rear line, if located a minimum of 10 feet off the front property line.
[Amended 8-25-1998 by Ord. No. 28-98]
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Construction Code Official.
All fences and/or walls must be erected within property lines, and no fence or wall shall be erected which will encroach upon a public right-of-way. The finished side of a fence shall face outward from the property on which it is erected, unless determined otherwise by the Aesthetic Committee of the Planning Board.
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining space, provided that such wall does not exceed such height to be measured from the ground level of the highest adjacent grade.
The following fences and fencing materials are specifically prohibited: barbed-wire fences, sharp-pointed fences, canvas, cloth, electrically charged fences and temporary fences, such as snow fences, expandable fences and collapsible fences, at any location on the lot upon which a dwelling or structure is situated.
§ 345-42 Off-street parking regulations. [1]
General provisions.
Off-street parking space shall be provided with each and every new use created as further specified in this chapter and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner.
None of the off-street parking facilities that are required in this chapter shall be required for any existing building or use, unless the building or use shall be enlarged, in which case the provisions of this chapter shall apply only to the enlarged portion of the building or use.
The collective provision of off-street parking area by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.
Parking areas, driveways and access aisles may be located in any yard space, but shall not be closer than 10 feet to any street line or property line, with the exception of the R-4 Zone District where a five foot setback from a street line or property line shall be permitted.
[Amended 6-21-2023 by Ord. No. 17-23]
A site plan shall be filed with the zoning permit application where off-street parking facilities are required or permitted under the provisions of this chapter in connection with the use or uses for which application is being made.
All parking areas, passageways and driveways, except when provided in connection with one-family residences, shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces, and shall be adequately drained, all subject to the approval of the City Engineer.
No display vehicles or trailer device for commercial purposes shall remain in any district for longer than a twenty-four-hour period.
Parking areas in commercial and industrial districts. Every parcel of land hereafter used as a public or private parking area in any commercial or industrial zone shall be developed and maintained in accordance with the following requirements:
Screening.
Off-street parking areas shall be effectively screened on any side which adjoins or faces premises situated in any residence zone district or institutional premises, as required in Subsection A.
In addition to such buffer planting, the owner of the commercial property shall erect on the buffer a fence at least four feet in height for the purpose of protecting the residential property from litter, debris and light glare and such other nuisances that would disturb peaceful possession. The fence shall be of closed post picket solid fence, containing no more than 25% open space. The responsibility of maintenance of the commercial property referred to herein shall be joint and/or shared between the owner of the property and any other tenants who are in possession. No part of any parking area shall be closer than 10 feet to any school, hospital or other institutional building unless screened by an unpierced masonry wall.
Not more than two driveways of not less than 20 feet or more than 30 feet in width, used as a means of ingress or egress for nonresidential off-street parking areas, shall be submitted for each 200 feet of frontage on a public street, nor shall any driveway be located closer than 50 feet to the intersection of two public streets.
Landscaping consisting of attractive trees, shrubs, plants and grass lawns shall be required and planted in accordance with the site plans. Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut or are within residential zones or uses.
Off-street parking areas located in commercial, industrial and medical zones which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the City Engineer. The shade trees shall be located in a planned manner within the parking lot area in quantity equal to not less than one shade tree for every 10 parking spaces.
For commercial and all nonresidential uses in business districts, required parking shall be provided within 150 feet of such use. It shall be measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.
The provisions of this subsection may be met by participation in a community parking program designed to serve a larger area, provided that plans for such community parking have been approved by the Planning Board.
All parking areas and appurtenant passageways and driveways serving commercial and industrial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial and industrial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
Parking areas in residential districts.
Parking may be in attached or detached garages, driveways or parking areas.
Driveways designated as parking space(s) shall have an area of nine feet by 18 feet for each space within the property lines.
Parking areas for other than one-family detached dwellings shall provide landscaping consisting of attractive trees, shrubs, plants and grass lawns and shall be required and planted in accordance with the site plans. Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut or are within residential zones or use.
Commercial vehicles.
No commercial vehicle shall be parked on private property between the hours of 9:00 p.m. and 5:00 a.m. or on Sunday in a residential zone; provided, however, that such restriction shall not apply to one commercial motor vehicle with a registered gross weight of 8,000 pounds or less, owned or used by a resident of the premises, which vehicle may be parked or garaged between the hours of 9:00 p.m. and 5:00 a.m. on said premises within a residential zone.
[Amended 6-27-1994 by Ord. No. 29-94; 2-14-1995 by Ord. No. 8-95]
The following vehicles shall be prohibited regardless of weight classifications: tow truck, school bus, and tractor-trailer.
[Amended 2-14-2024 by Ord. No. 03-24]
Parking restrictions.
No motor vehicle of a registered gross weight greater than 8,000 pounds shall be permitted to park between 9:00 p.m. and 5:00 a.m. on any premises, private property, City property, City street or City row within any residential zone or on any residential property. (See Chapter 325, Vehicles and Traffic, § 325-3L(1) and (2), and Chapter 316, Towing, § 316-5, Fees and charges, for further restrictions.)
Exemption. Any emergency municipal, state, federal agencies or public utility vehicles being utilized to fulfill their specific tasks.
[Added 2-14-1995 by Ord. No. 8-95]
Failure to comply with this subsection will result in those penalties as prescribed in § 345-79, where applicable.
[Added 2-14-1995 by Ord. No. 8-95]
In no case shall more than 20% of any front yard area be used for parking or driveways in any R Residential Zone.
[Added 8-26-2008 by Ord. No. 18-08]
In the case of corner lots, the smaller of the front yard areas abutting any street shall be used in calculating the maximum allowed twenty-percent lot coverage for parking/driveways within any front yard areas within any R Residential Zone.
[Added 8-26-2008 by Ord. No. 18-08]
Required off-street parking space.
[Amended 6-22-1993 by Ord. No. 19-93]
Requirements shall be as follows:
Dwelling units.
One-family detached dwelling: two parking spaces, except that one additional parking space shall be required for each additional bedroom, as defined in § 345-3, over four bedrooms.
[Added 7-25-2000 by Ord. No. 26-00]
Multifamily detached, two, three and four dwellings: 2 1/2 parking spaces per dwelling unit.
Townhouses: 2 1/2 parking spaces per dwelling unit.
Garden apartment: 2 1/2 parking spaces per dwelling unit.
Apartment in structure of more than two stories: 2 1/2 parking spaces per dwelling unit.
Barbershop, beauty salon and tanning salon: two spaces per chair/tanning bed, plus one additional space for each employee.
Banks, financial and business offices and professional offices: one parking space for every 150 square feet of building area or major fraction thereof.
Retail and service stores, except when otherwise specifically covered herein: one parking space for every 200 square feet of building area or major fraction thereof.
Stores for the retail sale of furniture, appliances and hardware: one parking space for every 500 square feet of building area or major fraction thereof.
Supermarkets and self-service food stores: one parking space for every 100 square feet of building area or major fraction thereof.
Laundromats: one parking space for every two washing machines.
Motor vehicle sales and service: one parking space for every 200 square feet of building area or fraction thereof.
Eating and drinking facilities (restaurants, diners, bars, taverns, etc.).
One thousand square feet or less of floor area: one parking space for every four seats, plus one parking space for every two employees.
Above 1,000 square feet of floor area: one parking space for every four persons who may be legally admitted therein at one time under the state fire prevention laws, plus one space per every two employees.
Raised decks and outdoor dining facilities: one parking space for every four persons who may be legally admitted therein at one time under the state fire prevention laws.
Ground level patios and outdoor dining facilities: one parking space for every four seats provided.
Bowling alleys: five parking spaces for each bowling lane.
Auditoriums, churches, theaters, stadiums, assembly halls and similar places of public and quasi-public assembly having fixed seating facilities: one parking space for every four seats in the main assembly unit.
Auditoriums, exhibition halls, assembly halls, union halls, community centers and similar places of public and quasi-public assembly not having fixed seating facilities: one parking space for every four persons who may legally be admitted therein at one time under the state fire prevention laws.
Institutional uses for care of the ill or aged: one parking space for every four beds, plus one additional parking space for every two employees and members of the staff in the largest working shift.
Mortuaries and funeral homes: two parking spaces for every 50 square feet of floor area in the slumber rooms, parlors or individual funeral service rooms.
Public utility installations: five spaces.
Parks and other outdoor recreation sites: five parking spaces for each gross acre of land up to 50 acres, and one parking space per gross acre of land above 50 acres.
Industrial manufacturing establishments: one parking space for each employee, plus one space for each 1,000 square feet of gross floor area in the buildings for use by visitors to the building or buildings. The employee ratio shall be applied to the shift of work activity that has the greatest number of employees. Such parking area may be located in the required yard area, but shall not be located within a buffer area as required by this chapter.
Home occupations: one parking space for each 150 square feet of space used for home occupation.
Vertical parking garages.
Vertical parking garages shall be treated as an accessory building within the zone district of its location; however, setbacks shall be a minimum of 30 feet from any property line or the height of the structure, whichever is the greater.
Any site plan application for a vertical parking garage shall include design data on structural bearing capacities, anticipated loads, soil bearing and compaction tests.
All plans and structures shall be subject to those applicable standards as set forth by appropriate federal, state, county and local agencies.
All roof lighting shall be properly shielded so as not to produce glare affecting surrounding properties or any other buildings on the site.
To reduce visual blight and increase safety, the space between the floors shall be of the same material and aesthetic design as the principal structures. Provisions for adequate ventilation must be provided so as to eliminate lingering noxious fumes and odors. The roof shall be enclosed with a solid masonry parapet four feet high around the entire perimeter.
Levels permitted above-grade shall have a maximum height of 40 feet.
An off-street waiting area capable of holding 5% of the total parking capacity within the structure shall be provided on the site.
Ingress and egress points shall be subject to the approval of the Planning Board based on reports from the City Engineer, Traffic Bureau and Public Works and Division of Planning so as to minimize traffic congestion and hazard. No access point shall be closer than 150 feet of any street intersection.
Delicatessens: one space for every two employees. There shall be one additional parking space for every 100 square feet of building area or major fraction thereof.
Arcade: one parking space for every 25 square feet of floor area plus one space for each employee.
Convenience store: one space for each 100 square feet of floor area.
Health spa/gym: two parking spaces per each apparatus, plus one parking space per each 100 square foot of floor area, plus one parking space per paid employee.
Active recreational sports, exposition and entertainment facility: two parking spaces per each apparatus, plus one parking space for each 100 square feet of floor space, plus one parking space per employee.
[Added 2-14-1995 by Ord. No. 8-95; amended 10-27-1998 by Ord. No. 36-98]
Parking space size shall be nine feet by 18 feet minimum. Aisle widths shall be as follows:
Aisle Width | ||
|---|---|---|
Angle (degrees) | One-Way (feet) | Two-Way (feet) |
30° or 45° | 12 | 20 |
60° | 22 | 22 |
90° | 25 | 25 |
Temporary seasonal parking. Temporary seasonal parking lots and areas shall comply with all provisions of this section as follows:
[Added 4-24-2012 by Ord. No. 8-12]
General requirements.
Zoning permit. A commercial zoning permit is required for any temporary parking lot and/or area.
Location. Temporary seasonal parking shall be permitted in all redevelopment zones except the Lower Broadway Corridor (LBC).
Time limit. No temporary parking lots and/or areas are permitted for more than one season per year.
Other requirements. The following requirements shall be met by the site, the owner and/or occupier of the premises with respect to a temporary seasonal parking lot or area:
Plan requirements:
Parking areas, driveways and access aisles may be located in any yard space but shall not be closer than 10 feet to any street line or property line.
Not more than two driveways of not less than 20 feet or more than 30 feet in width, used as a means of ingress and egress for temporary parking lots or areas, shall be submitted for each 200 feet of frontage on a public street, nor shall any driveway be located closer than 50 feet to the intersection of two public streets.
Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut residential or institutional zones or uses and as per screenings in this section.
All temporary parking lots or areas that are illuminated during the hours between sunset and sunrise when the use is in operation shall provide a lighting plan. Adequate shielding shall be provided to protect adjacent properties from the glare of such illumination and from that of automobile headlights. Pole height, locations and illumination are required on the plans.
Designated parking spaces shall have an area of nine feet by 18 feet for each space within the property lines.
Layout plan must be approved by the Department of Public Safety.
Screening requirements:
Screening and buffer planting is required on any side which adjoins, abuts or faces premises situated in any residential zone district or institutional premises, as required in this chapter, and shall consist of attractive trees, shrubs, plans and grass lawns planted in accordance with the layout plan.
Buffer strip and/or plantings shall consist of a continuous planting strip of trees and/or shrubs densely planted so as to restrict clear view beyond such strip. Buffer planning in front yard areas may not exceed four feet in height. Buffer plantings in side or rear yards must be at least six feet in height.
In addition to such buffer planting, the owner of the property shall erect on the buffer a fence at least four feet in height for the purpose of protecting the residential property from litter, debris and light glare and such other nuisances that would disturb peaceful possession. The fence shall be closed post picket solid fence, containing no more than twenty-five-percent open space. The responsibility of maintenance of the property referred to herein shall be joint and/or shared between the owner of the property and any other tenants who are in possession. No part of any parking area shall be closer than 10 feet to any school, hospital or other institutional building unless screened by an unpierced masonry wall.
§ 345-43 Off-street loading and unloading provisions.
For every building, structure or part having over 5,000 square feet of gross building area erected and occupied for commerce, hospital, laundry, dry cleaning, places of public and quasi-public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building structure or addition having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length and 14 feet in height. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet, or fraction thereof, of gross area in the building.
Access to truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.
Loading space as required under this section shall be provided an area in addition to off-street parking space and shall not be considered as supplying off-street parking space.
Off-street loading and unloading areas shall be surfaced with a dustless, all-weather pavement, which shall be adequately drained, all subject to the approval of the City Engineer.
Whenever an off-street loading and unloading area shall be located next to a residential zone, the loading and unloading area shall be suitably screened and buffered in accordance with § 345-42B(1) and (3).
§ 345-44 Swimming pools.
[Amended 6-22-1993 by Ord. No. 19-93[1]]
All swimming pools shall be constructed and erected in accordance with the local Health Department regulations and existing ordinances. (See Chapter 303, Swimming Pools, Article II, Public Recreational Bathing Places.) Swimming pools may not be located in any front yard area and must be set back at least 10 feet from any side or rear lot line. All swimming pools must be enclosed by a minimum four-foot-high fence or wall. Swimming pools shall be considered as a permitted accessory use when located on a site containing a permitted residential use.
§ 345-45 Environmental standards.
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully with all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific operating procedures or methods be followed or that specific types of equipment, machinery or devices be installed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods is required in order to ensure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
Preservation of natural features. No structure shall be built within any drainage or conservation easement or, in their absence, within 100 feet of the top of the bank of a flowing body of water. No building shall be constructed within the floodplain of any stream or on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface. No persons, firms or corporations shall strip, excavate or otherwise remove soil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, or except as hereinafter specified or pursuant to the terms of Chapter 290, Soil Removal. Existing natural features such as trees, brooks and drainage channels shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required, wherever possible, at the discretion of the Planning Board.
Noise.
[Amended 6-22-1993 by Ord. No. 19-93]
Any noise produced on any premises or within any structure shall not be in excess of the standards set by the Department of Labor, Occupational Safety and Health Administration, occupational safety and health standards and applicable established federal standards.
Any noise produced on any premises or within any structure shall not be in excess of standards as set forth in Chapter 235, Noise. This subsection, if governed by a state or federal legislation, regulation or standard, shall be deemed to be superseded by said state or federal legislation, regulation and/or standard.
Air pollution. All standards and provisions of the New Jersey State Department of Environmental Protection Air Pollution Control Codes, as amended or supplemented, shall be complied with.
Smoke. In any nonresidential zone, smoke shall not be emitted into the open air from any fuel-burning equipment in excess of the standards set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 4, Control and Prohibition of Air Pollution by Smoke, as amended or supplemented.
Solid particles.
In any zone there shall be no discharge of solid particles through a stack, duct or vent in excess of the standards set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 7, Control and Prohibition of Solid Particles, as amended or supplemented.
No open burning shall be permitted in any zone except in compliance with the New Jersey State Department of Environmental Protection Air Pollution Control Code, Chapter 2, Control and Prohibition of Open Burning, as amended or supplemented.
All incinerators shall be approved by the New Jersey Department of Environmental Protection and comply with all standards and provisions of the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 11, Control and Prohibition of Air Pollution from Incinerators, as amended or supplemented.
No coal or coke shall be used to heat or cool any building or used in any process.
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficiently to minimize the generation of dust from the movement of such vehicles or equipment.
Odors. In any zone, odorous material shall not be emitted into the atmosphere in quantities sufficient to be detected without instruments or in excess of the standards and provisions set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 6, Prohibition of Air Pollution, as amended or supplemented. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
Liquid waste. No liquid waste shall be discharged (directly or indirectly) into any watercourse except as to conform to federal, state and local statutes, laws, rules and regulations, as amended or supplemented.
[Amended 6-22-1993 by Ord. No. 19-93]
§ 345-46 Arcades.
Gambling devices not permitted. Nothing in this section shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanism that has been judicially determined to be a gambling device or in any way contrary to law or that may be contrary to any future laws of the State of New Jersey.
License required. Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical or electronic amusement device shall be required to obtain a license from the City of Long Branch as set forth in Chapter 106, Amusements.
Exclusions. Nothing in this section shall prohibit any person, firm, corporation or association operating within the City of Long Branch from offering for public patronage or keeping for operation two mechanical or electronic amusement games.
Parking. There shall be one parking space for every 25 square feet of floor area plus one parking space for each employee.
§ 345-47 Adult entertainment uses.
[Added 2-14-1995 by Ord. No. 6-95]
In the development and execution of this section it is recognized that there are certain uses which, because of their very nature, are recognized as having serious objectionable operational characteristics. Such uses create and promote a deleterious effect on the City's neighborhood characteristics, administration of schools and the commercial and economic viability of the community. Adult entertainment uses are such uses. In order to prevent the deterioration of the community, to preserve the neighborhoods of the City of Long Branch, to ensure the economic prosperity of the community and to provide for the protection and well-being of the quality of life in the City of Long Branch, certain regulations are necessary to prevent these adverse effects.
Adult entertainment uses are prohibited in all zones, except where expressly permitted.
In any zone where adult entertainment uses are expressly permitted, however, no adult entertainment use shall be located within 100 feet of any of the following:
§ 345-47.1 Outdoor fresh produce markets.
[Added 5-26-2009 by Ord. No. 9-09]
Farmers' markets and/or community farmers' markets are authorized as follows and as subject to the following terms and conditions:
Zones and site locations.
Farm markets and/or community farmers' markets are permitted in the C-1, C-2 and C-3 Zones.
City Council approval of specific site location(s) may be required.
Special Events Committee approval for days and times of operation may be required.
A Farm market permit is required through the Planning and Zoning Office.
Requirements.
The property owner or sole proprietor for the farm market or community farmers' market ("market") is considered the management ("management") in charge of the market.
Management:
Is responsible for obtaining a farm market permit for the site.
Is responsible for obtaining Health Department approvals in accordance with the state sanitary code and City ordinances for the management and all farmers/growers/produce sellers from the Jersey Fresh Organic Farmers' Market Program that utilize the market.
Is required to coordinate and keep records on providers.
Is responsible to comply with all food safety requirements for product sales for farm market and community farmers' markets required by the N.J. Department of Agriculture and N.J. Department of Health and Senior Services' Food and Drug Safety Programs.
May be asked by health officials to demonstrate knowledge of the minimum food safety requirements for product sales for farm market and community farmers' markets required by the N.J. Department of Agriculture and N.J. Department of Health and Senior Services' Food and Drug Safety Programs.
Is required to comply with and enforce City Health Department and Department of Public Works food vendor, recycling and waste management rules and ordinances.
Farmers/growers/produce sellers other than those within the Jersey Fresh Organic Farmers' Market Program must obtain their own Health Department approvals in accordance with the state sanitary code and City ordinances.
All participants are to operate under state health requirements.
The total number of farmers/growers/produce sellers on the site is determined by the N.J. Department of Agriculture farm market guidelines and City requirements.
No mobile food vendors/peddlers are permitted.
Sales or vendors other than farmers/growers/produce sellers are not permitted.
§ 345-47.2 Affordable housing development fee regulations.
[Added 6-12-2019 by Ord. No. 9-19; amended 6-10-2020 by Ord. No. 19-20]
Purpose.
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 ("Act"), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52:27D-329.2), and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction ("court") and have an approved spending plan may retain fees collected from nonresidential development.
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c. 46, §§ 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:93-8.1 et seq.
Definitions. The following terms, as used in this section, shall have the following meanings:
A development that includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
The New Jersey Council on Affordable Housing established under the Act[1] which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state or shall mean the court taking jurisdiction over the COAH requirements.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.3.
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with §§ 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
Residential development fees.
Imposed fees.
For residential developments or the residential portion of a mixed-use development, any development that is the subject of a major subdivision or major site plan approval, and not otherwise the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) [known as a "d(5)" or "density variance"] has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units, and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
Eligible exactions, ineligible exactions and exemptions for residential development.
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
Developments that have received preliminary or final site plan or subdivision approval prior June 12, 2019, the date of adoption of this municipal development fee ordinance, shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
Residential structures demolished and replaced as a result of a natural disaster shall be exempt from paying a development fee.
Nonresidential development fees.
Imposed fees.
Within all zoning districts, nonresidential developers who have obtained major subdivision or site plan approval, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements for all new nonresidential construction on an unimproved lot or lots.
Nonresidential developers, except for developers of the types of development specifically exempted, who receive a major site plan approval for the alteration or expansion of a structure shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
The nonresidential portion of a mixed-use inclusionary or market-rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption" form. Any exemption claimed by a developer shall be substantiated by that developer.
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46, shall be subject to it at such time the basis for the exemption no longer applies and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the City of Long Branch as a lien against the real property of the owner.
The above provisions notwithstanding, for any development in a redevelopment zone, the fee to be paid shall be as set forth in the applicable redevelopment agreement.
Collection procedures.
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption," to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
The construction official responsible for the issuance of a building permit shall notify the Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
Within 90 days of receipt of that notice, the Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
The construction official responsible for the issuance of a final certificate of occupancy notifies the Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
Within 10 business days of a request for the scheduling of a final inspection, the Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development, calculate the development fee, and thereafter notify the developer of the amount of the fee.
Should the City of Long Branch fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit issuance and that determined at issuance of certificate of occupancy.
Appeal of development fees.
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the City of Long Branch. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the City of Long Branch. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
Affordable housing trust fund.
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
The following additional funds shall be deposited in the affordable housing trust fund and shall at all times be identifiable by source and amount:
Payments in lieu of on-site construction of affordable units;
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
Rental income from municipally operated units;
Repayments from affordable housing program loans;
Recapture funds;
Proceeds from the sale of affordable units; and
Any other funds collected in connection with the City of Long Branch's affordable housing program.
Within seven days from the opening of the trust fund account, the City of Long Branch shall provide COAH with jurisdiction with written authorization, in the form of a three-party escrow agreement between the municipality, the bank and COAH, to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
Use of funds.
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the City of Long Branch's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost-saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation or any other activity as permitted pursuant to N.J.A.C. 5:93-8 et seq. and specified in the approved spending plan.
Funds shall not be expended to reimburse the City of Long Branch for past housing activities.
The City of Long Branch shall use development fees collected and interest earned to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal spending plan.
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units to make them affordable to households earning 30% or less of median income.
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
The City of Long Branch may contract with a private or public entity to administer any part of its spending plan.
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to COAH's regulations and/or action are not eligible uses of the affordable housing trust fund.
Monitoring. The City of Long Branch shall complete and return to COAH (and/or such other entity or entities as designated by the court) all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the City of Long Branch's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH or the court. All monitoring reports shall be completed on forms designed by COAH or approved by the court.
Ongoing collection of fees. Municipalities that qualify for state aid pursuant to P.L. 1976, c. 14 (N.J.S.A. 52:27D-17B), such as the City of Long Branch may impose, collect and expend development fees by filing a development fee ordinance and spending plan and requesting approval by the court and/or COAH. The court approval of the municipal development fee ordinance shall allow Long Branch to impose and collect development fees for the period specified by the court and/or COAH, commencing with the court's approval of the development fee ordinance. Urban aid municipalities such as Long Branch may impose, collect and spend development fees without petitioning for substantive certification.
§ 345-47.3 Tree preservation.
[Added 4-13-2022 by Ord. No. 07-22]
This section shall create the "Tree Preservation Ordinance of the City of Long Branch."
Purpose.
Promote the general welfare. The governing body of the City of Long Branch finds and concludes that trees have many important roles within our community. Trees play an important role in contributing to the character and beauty of Long Branch. Trees also provide significant environmental and personal health benefits. It is the intent of this section to promote the general welfare of the people of the City by protecting, regulating, planting, and cutting trees in such a way as to preserve the environment. Trees that should be protected include, but are not limited to shade and ornamental trees and other trees that act as barriers to surface water flow and soil erosion, or that otherwise provide an environmental benefit to the City.
Definitions and word usage. Whenever used in this section, unless a different meaning clearly appears from the context, or unless a different meaning is stated in a definition applicable to only a portion of this section, the following terms shall have the meaning indicated:
The official of the City charged with the responsibility of administering this section. This section shall be administered by anyone of the following: the Planning Director, Zoning Officer, City Engineer, Public Works Director, Code Enforcement, Police Department, or the City of Long Branch Planning and Zoning Boards.
The removal, to the extent possible, of the minimum number of the smallest and poorest specimens of trees so as to permit land development and the retention of the maximum number of the larger and better specimen of trees.
Caliper measurement of a trunk shall be taken six inches above the top of root flare up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the top of root flare. Seldom are trees perfectly round. The most accurate measurement will result from the use of a diameter tape. Caliper measurements taken with manual or electronic slot- or pincer-type caliper tools should be the average of the smallest and largest measurement.
The City of Long Branch.
The Code of the City of Long Branch.
A tree located on land owned by the City or a tree whose base is located in whole or in part within the public right-of-way.
The diameter of a tree measured at a point on the tree 4.5 feet from ground level.
The circular area surrounding a tree, the radius of which area shall be the distance from the trunk of the tree to the outermost branch of the tree.
Any individual, firm, partnership, association, corporation, agency or other entity.
The tree, including a description of the species and the minimum diameter and height, which is required pursuant to section.
Those tree roots within the dripline perimeter.
The removal of larger trees on an individual basis while leaving trees of lesser size for future harvest.
Any species of tree having characteristics which help provide shade, as determined by the Administrative Officer.
A development plan as defined by the City Code.
An order issued by the Administrative Officer to stop any tree work or other activity which they believe is occurring in violation of any provision of this section.
The division of a lot, tract or parcel of land, including only major subdivisions.
The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of the remaining trees on a lot.
Any deciduous or coniferous species which reaches a typical mature height of at least 25 feet and a typical mature DBH of four inches or greater.
The additional information required as part of the tree removal application where property is being developed and requires subdivision or site plan approval.
The written form required to be completed in applying for a tree removal permit.
The permit issued by the Administrative Officer authorizing removal of trees as regulated by this section.
The fund created to collect money, pursuant to this section, for the purchase and planting of replacement trees. The Tree Trust Fund shall be administered under the direction of the Administrative Officer in conjunction with the City Administrator, and it shall include funds provided by developers pursuant to this section as well as donations, grants or bequests made to the tree trust fund.
Tree removal permit and tree preservation plan required. Under the circumstances set forth in this section, no tree shall be cut or otherwise removed from qualifying lands located in the City unless a tree removal permit has been issued from the Administrative Officer. Tree removal permits are required when an application (as described in this section) has been approved by the Planning Board, the Board of Adjustment, or the Administrative Officer, whichever is applicable. A tree removal permit based thereon shall be required by the Administrative Officer under the following circumstances:
Exemptions. The following shall be exempt from the permit and fee requirements of this section:
The City of Long Branch.
Any tree on publicly owned land removed by a public agency or its representatives.
Trees that pose an imminent danger to the public health, safety and general welfare; dead or diseased trees, upon certification by the Administrative Officer or a New Jersey licensed tree expert (LTE).
Tree removal applications and tree preservation plan.
Tree removal application. A tree removal application shall be filed, which shall indicate: i) the name and address of the owner of the premises, ii) the name and address of the applicant if other than the owner (accompanied by the owner's consent to the application), and iii) a description by the lot and block number(s) of the premises for which the permit is sought. The form of the application shall be determined by the Administrative Officer and shall be available from the Planning and Zoning Office. In the case of a subdivision where the final house footprint and related structures are not known at the time of the application, the Planning Board or Board of Adjustment, as the case may be, shall condition its approval upon submission of a tree preservation plan and proposed planting plan as part of the construction permit application. A survey shall be submitted along with the permit application.
Time and place for filing tree removal applications. When property is being developed, and requires major subdivision or site plan approval, a tree removal application shall be filed with the Planning Board or Board of Adjustment, with the Planning Board or Board of Adjustment application.
Submission of tree preservation plan in certain circumstances. When property is being developed and requires major subdivision or major site plan approval. A person developing property which requires subdivision or site plan approval shall submit, at the same time as his application for subdivision or site plan approval, a tree preservation plan indicating proposed locations of roads, lot improvements and existing trees.
Contents of tree preservation plan. The tree preservation plan shall contain the following information:
A description of the premises upon which tree removal is to take place by street address and City Tax Map lot and block number;
The size of the lot upon which tree removal is to take place;
A survey of the quantity of trees which are to be removed, setting forth the location and type of each tree having a DBH of eight inches or more;
Specific proposals for replanting. All replanting shall be done in a manner that gives the planted trees the ability to survive. Tree separation distances shall be based on the type and quantity of trees;
A description of the type of tree removal project (i.e., thinning, selective cutting, clear cutting or aesthetic improvement cut and barrier devices to protect remaining trees);
Location of streams, watercourses and wetland property;
Identification of all tree protection measures that the applicant will take, including the erection of silt fencing, construction fencing and tree preservation fencing;
Physical identification of the trees to be removed for inspection by the Administrative Officer. The trees should be identified with a ribbon. No markings or paint shall be permitted until a permit to remove such tree is issued.
Submission of the tree preservation plan.
The applicant shall submit 15 copies of the tree preservation plan to the Planning Board or the Board of Adjustment, as the case may be, in accordance with this section.
Conditions for issuance of building permit. In circumstances in which a tree preservation plan is required, no building permit shall issue unless the applicant has erected, around protected trees, fencing or other protective barrier acceptable to the City Engineer. The protective barriers shall be placed at least five feet from the trunk of any tree and shall remain in place until all construction activity is terminated. No equipment, chemicals, soil deposits or construction materials shall be placed within any area so protected by barriers. Any landscaping activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor. In those circumstances where the Planning Board or Board of Adjustment requires that a tree preservation plan be submitted as a condition to its approval of an application, the approval of the tree preservation plan by the shall be a condition precedent to the issuance of a building permit for any construction to occur on the property that is the subject of the tree preservation plan.
Tree Replacement Requirements Table:
Editor's Note: This table is restated in § 319-12.
[Amended 7-10-2024 by Ord. No. 16-24]
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Appendix A) | Application Fee |
|---|---|---|---|
1 | DBH of 2.5" (for street trees) or 6" (for non-street trees) to 12.99" | Replant 1 tree with a minimum tree caliper of 2.5" for each tree removed | $25 |
2 | DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 2.5" for each tree removed | $25 |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 2.5" for each tree removed | $25 |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 2.5" for each tree removed | $25 |
Replacement tree species. Replacement trees shall be replaced with a species native to Monmouth County.
Fees.
In the event that the total required number of plantings as specified in § 345-47.3-E(7) are not provided for, a fee of $250 per tree not provided shall be required. Fees will be deposited into the City Tree Fund, which will be utilized to plant trees in other locations of the City.
Processing of tree removal applications.
Reviewing applications when the property is being developed and requires major subdivision or major site plan approval. The Planning Board or the Board of Adjustment, as the case may be, shall review all applications for tree removal where the property is being developed and requires subdivision or site plan approval. The Planning Board or Board of Adjustment shall act on such application in connection with the related development application at the public meeting concerning the application or within such additional time as is consented to by the applicant.
Enforcement; violations and penalties.
This section shall be enforced by the Administrative Officer, who is hereby empowered to cause any and all lands subject to this section to be inspected and examined to determine compliance with this section and to order, in writing, the correction of any condition found to exist therein or thereat in violation of any provision of this section. The Administrative Officer is hereby further authorized to cause an appropriate action or proceeding to be instituted in a court of proper jurisdiction to prevent and enjoin any threatened, existing or continuing violation of this section or any provision or section thereof or any standard adopted by the City.
Any person, firm, corporation or entity found to have violated any provision of this section or any condition imposed in accordance with this section or any specification adopted by the City or any permit granted pursuant to this section shall be subject to revocation of that permit and any certificate of occupancy or building permit issued in reliance thereon and shall be further subject to the order of the City or its designee which may direct such person, firm, corporation or entity to cease such violation and to take appropriate corrective action within such time as may be specified by the City or its designee, or a stop-work order will be issued. Any person, firm, corporation or entity found to be in violation of any provision of this section or any condition imposed in accordance with this section or any permit granted pursuant thereto or any specification adopted by the City be subject to the penalties of the Code. The removal of each individual tree in violation of this section shall be considered a separate offense. Furthermore, the court shall order restitution of all applicable replacement trees or replacement tree fees as specified in this section in addition to any imposed violation fee.
Whenever under the Administrative Code or any other ordinance of the City, or any rule, regulation or order, duly promulgated by any officer or agency of the City by authority of law, any act or forbearance is prohibited or declared to be unlawful or an offense or the doing of any act is required, and no specific penalty is provided with respect thereto, the violation of any such provisions of the ordinance, rule, regulation or order shall be punishable by one or more of the following: imprisonment in the county jail or in any place provided by the City for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $2,000 or a period of community service not to exceed 90 days. In case of a continuing violation, each day of the violation shall constitute a separate offense. In the case of a fine imposed upon a corporation, the fine and costs may be collected in a civil action in such manner as may be prescribed by law.
An approved tree removal permit shall be valid for the duration of the applicable Board approval or New jersey Municipal Land Use Law time frames.
The health and vitality of the trees shall be considered in the fees established for the performance and maintenance bond for the project.