Zoneomics Logo
search icon

West Long Branch City Zoning Code

§ 18-13.11

Action on Preliminary Plan.

[Ord. #513]
a. 
Public Hearing. The Board shall hold a public hearing on the application at the regular business meeting of the Board, following the submission of the complete application by at least 14 days. The public hearing may be continued by the Board with the consent of the applicant until the Board is satisfied that the applicant and the public have been fully heard, and that the purposes of a public hearing have been fulfilled, at which time the Board, by motion shall close the public hearing.
1. 
Public notice shall be given by publication in the official newspaper of the Municipality at least 10 days prior to the date of the hearing. Notice shall be given by the applicant as follows:
(a) 
Notice shall be given to the owners of all real property as shown on the current tax duplicate located within two hundred (200') feet in all directions of the property which is the subject of such hearing and whether located within or without the Municipality. Notice shall be given by: (1) serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property; or (2) mailing a copy thereof by certified mail to the property owner at this address as shown on the current tax duplicate. A return receipt is not required. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(b) 
Notice of all hearings on applications for development involving property located within two hundred (200') feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to this subsection to the owners of lands in such adjoining municipality which are located within two hundred (200') feet of the subject premises.
(c) 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the official County map or on the County Master Plan, adjoining other County land, or situate within two hundred (200') feet of a municipal boundary.
(d) 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
(e) 
All notices hereinabove specified in this subsection shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(f) 
Any notice made by certified mail as hereinabove required shall be deemed to complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
(g) 
All notices required to be given pursuant to the terms of this subsection shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicates in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
2. 
The West Long Branch Borough Clerk shall, upon receipt of a written request by an applicant for development, together with payment of the Borough of West Long Branch of a fee of $10 shall within seven days make and certify a list from the current tax duplicate of names and addresses of owners of all real property in the Borough of West Long Branch, as shown on the current tax duplicate, located within two hundred (200') feet in all directions of the property which is the subject of such application.
b. 
Action on the Preliminary Submission. After a duly held public hearing and full consideration of the proposed preliminary site plan, the Board may grant preliminary site plan approval if all applicable Chapter requirements are met. In the event that the development requires approval by a government agency other than the Board, in appropriate instances, the Board shall condition its approval upon the subsequent approval of such governmental or other agency. The Board may make observations, comments or recommendations to such governmental or other agencies. If all applicable Chapter requirements are not met, the Board may deny application.
The Board may approve or disapprove the preliminary site plan, or approve the plan with conditions and give written notification to the applicant of its decision.
If the Board recommends substantial changes or denies approval, the applicant may resubmit revised preliminary site plan documents incorporating the appropriate changes following the recommendations of the Board, following the same procedures set forth for the Preliminary Submission, in which case, a new application fee shall be required.
c. 
Amendments and Modifications. If the action by another governmental agency requires any substantial amendment or modification in the layout of improvements proposed by the applicant that have been the subject of a public hearing, an amended application shall be submitted and proceeded upon as in the case of the original application. The procedure to be followed in the modification of a site plan shall be the same as for an original filing except that the fee required will be 25% of the fee paid by the applicant for the original filing.
d. 
Effect of Preliminary Approval. Preliminary approval of a site plan shall confer upon the applicant, the right, for a three year period, from the date of preliminary approval, that the general terms and conditions on which preliminary approval was granted shall not be changed, except that nothing herein shall be construed to prevent the Borough of West Long Branch from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety. The applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan. The applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if any applicable design standards have been revised by ordinance, such revised standards shall govern.
e. 
Board Action. The Planning Board shall act on any site plan of 10 acres or less within 45 days or on any site plan of greater than 10 acres within 95 days after filing of the completed application with the Borough Clerk or within such further times as may be consented to by the applicant.
Whenever the applicant has simultaneously filed an application for site plan review and conditional use approval, the Planning Board shall grant or deny the applications within the longest applicable time period or within such further time as may be consented to by the applicant.
Whenever an application for approval of a site plan includes a request for a variance pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 95 days after submission by the applicant of a complete application to the Borough or Borough Clerk or within such further time as may be consented to by the applicant.
The Zoning Board of Adjustment shall act on a site plan or conditional use application brought in conjunction with an application for a variance pursuant to N.J.S.A. 40:55D-70(d) within 120 days after filing of the completed application with the Borough Clerk or within such further time as may be consented to by the applicant.
The approval by either Board shall be conditioned upon the timely receipt of a favorable report by the County Planning Board whenever such report is required by law.
f. 
Standards for Approval. In acting upon a site plan the Board shall ascertain that all the provisions, terms conditions, standards, performance standards and requirements of this section, of the Master Plan, Zoning Ordinance and of the Official Map, if adopted, are met, fulfilled and implemented and shall further consider the effect of implementation of the site plan on vehicular traffic and street congestion, fire hazards, panic and other dangers, the overcrowding of land or buildings, undue concentration of population, property values and adequacy of light and air, as well as its effect upon the health, morals and general welfare of the Municipality. The Board shall also consider whether implementation of the plan will be conducive to the orderly development of the site in question and of the general area in which it is located. In addition, the Board shall only approve a site plan if provisions for the supply of water and disposal of sewage and waste are adequate.
g. 
Changes in Site Plan. No changes shall be made in any site plan approved by the Board without the written approval of the Board.
h. 
Denial of Approval. If the Board disapproves a site plan or requires revisions prior to further consideration, its resolution stating the reasons for such disapproval or revisions required, shall be sent by mail to the applicant by the Secretary of the Board within 10 days following such determination by the Board. The procedure to be followed in the submission of a revised plan shall be as for an original filing except that the schedule for the resubmission of the revised plan and the fees required will be in accordance with the resolution of the Board; provided, however, that the fees shall not exceed 25% of the fee for the original filing.
i. 
Reproduction Fee. If the Board approves the preliminary site plan, the applicant shall fie with the Borough Clerk, payable to the Borough of West Long Branch, a fee of $60, plus $20 per sheet of supplementary documentation to defray the cost of reproducing copies of the preliminary site plan for distribution as required. Following the payment of this fee, a notation of the favorable action by the Board shall be signed by the Board Chairman and the Secretary of the Board. The preliminary site plan shall not be deemed to be approved until so signed.
j. 
Distribution of Approval Preliminary Site Plan. The Borough Clerk shall arrange to have copies of the signed preliminary site plan reproduced and shall file the master copy in the office of the Borough Clerk. The Borough Clerk shall send one copy of the signed preliminary site plan to each of the following:
1. 
Borough Engineer.
2. 
Planning or Zoning Board.